97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5477

 

Introduced , by Rep. Bill Mitchell

 

SYNOPSIS AS INTRODUCED:
 
515 ILCS 5/20-45  from Ch. 56, par. 20-45
520 ILCS 5/3.2  from Ch. 61, par. 3.2
520 ILCS 5/3.39  from Ch. 61, par. 3.39

    Amends the Fish and Aquatic Life Code and the Wildlife Code. Provides that an individual who turns age 65 or older during the license year shall receive a individual fishing license, a hunting license to hunt all species, or a fishing sportsmen's combination license for one-half of the current license fee. Effective April 1, 2013.


LRB097 20134 CEL 65524 b

 

 

A BILL FOR

 

HB5477LRB097 20134 CEL 65524 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fish and Aquatic Life Code is amended by
5changing Section 20-45 as follows:
 
6    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
7    (Text of Section before amendment by P.A. 97-498)
8    Sec. 20-45. License fees for residents. Fees for licenses
9for residents of the State of Illinois shall be as follows:
10        (a) Except as otherwise provided in this Section, for
11    sport fishing devices as defined in Section 10-95 or
12    spearing devices as defined in Section 10-110 the fee is
13    $14.50 for individuals turning 16 to 64 years old during
14    the license year, and one-half of the current fishing
15    license fee for individuals turning age 65 or older during
16    the license year, commencing with the 2013 1994 license
17    year.
18        (b) All residents before using any commercial fishing
19    device shall obtain a commercial fishing license, the fee
20    for which shall be $35. Each and every commercial device
21    used shall be licensed by a resident commercial fisherman
22    as follows:
23            (1) For each 100 lineal yards, or fraction thereof,

 

 

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1        of seine the fee is $18. For each minnow seine, minnow
2        trap, or net for commercial purposes the fee is $20.
3            (2) For each device to fish with a 100 hook trot
4        line device, basket trap, hoop net, or dip net the fee
5        is $3.
6            (3) When used in the waters of Lake Michigan, for
7        the first 2000 lineal feet, or fraction thereof, of
8        gill net the fee is $10; and for each 1000 additional
9        lineal feet, or fraction thereof, the fee is $10. These
10        fees shall apply to all gill nets in use in the water
11        or on drying reels on the shore.
12            (4) For each 100 lineal yards, or fraction thereof,
13        of gill net or trammel net the fee is $18.
14        (c) Residents of the State of Illinois may obtain a
15    sportsmen's combination license that shall entitle the
16    holder to the same non-commercial fishing privileges as
17    residents holding a license as described in subsection (a)
18    of this Section and to the same hunting privileges as
19    residents holding a license to hunt all species as
20    described in Section 3.1 of the Wildlife Code. No
21    sportsmen's combination license shall be issued to any
22    individual who would be ineligible for either the fishing
23    or hunting license separately. The sportsmen's combination
24    license fee shall be $25.50. For residents turning age 65
25    or older during the license year, the fee is one-half of
26    the fee charged for a sportsmen's combination license.

 

 

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1        (d) For 24 hours of fishing by sport fishing devices as
2    defined in Section 10-95 or by spearing devices as defined
3    in Section 10-110 the fee is $5. This license exempts the
4    licensee from the requirement for a salmon or inland trout
5    stamp. The licenses provided for by this subsection are not
6    required for residents of the State of Illinois who have
7    obtained the license provided for in subsection (a) of this
8    Section.
9        (e) All residents before using any commercial mussel
10    device shall obtain a commercial mussel license, the fee
11    for which shall be $50.
12        (f) Residents of this State, upon establishing
13    residency as required by the Department, may obtain a
14    lifetime hunting or fishing license or lifetime
15    sportsmen's combination license which shall entitle the
16    holder to the same non-commercial fishing privileges as
17    residents holding a license as described in paragraph (a)
18    of this Section and to the same hunting privileges as
19    residents holding a license to hunt all species as
20    described in Section 3.1 of the Wildlife Code. No lifetime
21    sportsmen's combination license shall be issued to or
22    retained by any individual who would be ineligible for
23    either the fishing or hunting license separately, either
24    upon issuance, or in any year a violation would subject an
25    individual to have either or both fishing or hunting
26    privileges rescinded. The lifetime hunting and fishing

 

 

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1    license fees shall be as follows:
2            (1) Lifetime fishing: 30 x the current fishing
3        license fee.
4            (2) Lifetime hunting: 30 x the current hunting
5        license fee.
6            (3) Lifetime sportsmen's combination license: 30 x
7        the current sportsmen's combination license fee.
8    Lifetime licenses shall not be refundable. A $10 fee shall
9be charged for reissuing any lifetime license. The Department
10may establish rules and regulations for the issuance and use of
11lifetime licenses and may suspend or revoke any lifetime
12license issued under this Section for violations of those rules
13or regulations or other provisions under this Code or the
14Wildlife Code. Individuals under 16 years of age who possess a
15lifetime hunting or sportsmen's combination license shall have
16in their possession, while in the field, a certificate of
17competency as required under Section 3.2 of the Wildlife Code.
18Any lifetime license issued under this Section shall not exempt
19individuals from obtaining additional stamps or permits
20required under the provisions of this Code or the Wildlife
21Code. Individuals required to purchase additional stamps shall
22sign the stamps and have them in their possession while fishing
23or hunting with a lifetime license. All fees received from the
24issuance of lifetime licenses shall be deposited in the Fish
25and Wildlife Endowment Fund.
26    Except for licenses issued under subsection (e) of this

 

 

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1Section, all licenses provided for in this Section shall expire
2on March 31 of each year, except that the license provided for
3in subsection (d) of this Section shall expire 24 hours after
4the effective date and time listed on the face of the license.
5    All individuals required to have and failing to have the
6license provided for in subsection (a) or (d) of this Section
7shall be fined according to the provisions of Section 20-35 of
8this Code.
9    All individuals required to have and failing to have the
10licenses provided for in subsections (b) and (e) of this
11Section shall be guilty of a Class B misdemeanor.
12(Source: P.A. 96-831, eff. 1-1-10.)
 
13    (Text of Section after amendment by P.A. 97-498)
14    Sec. 20-45. License fees for residents. Fees for licenses
15for residents of the State of Illinois shall be as follows:
16        (a) Except as otherwise provided in this Section, for
17    sport fishing devices as defined in Section 10-95 or
18    spearing devices as defined in Section 10-110, the fee is
19    $14.50 for individuals turning 16 to 64 years old during
20    the license year, one-half of the current fishing license
21    fee for individuals turning age 65 or older during the
22    license year, and, commencing with the 2012 license year,
23    one-half of the current fishing license fee for resident
24    veterans of the United States Armed Forces after returning
25    from service abroad or mobilization by the President of the

 

 

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1    United States. Veterans must provide, to the Department at
2    one of the Department's 5 regional offices, verification of
3    their service. The Department shall establish what
4    constitutes suitable verification of service for the
5    purpose of issuing fishing licenses to resident veterans at
6    a reduced fee.
7        (b) All residents before using any commercial fishing
8    device shall obtain a commercial fishing license, the fee
9    for which shall be $35. Each and every commercial device
10    used shall be licensed by a resident commercial fisherman
11    as follows:
12            (1) For each 100 lineal yards, or fraction thereof,
13        of seine the fee is $18. For each minnow seine, minnow
14        trap, or net for commercial purposes the fee is $20.
15            (2) For each device to fish with a 100 hook trot
16        line device, basket trap, hoop net, or dip net the fee
17        is $3.
18            (3) When used in the waters of Lake Michigan, for
19        the first 2000 lineal feet, or fraction thereof, of
20        gill net the fee is $10; and for each 1000 additional
21        lineal feet, or fraction thereof, the fee is $10. These
22        fees shall apply to all gill nets in use in the water
23        or on drying reels on the shore.
24            (4) For each 100 lineal yards, or fraction thereof,
25        of gill net or trammel net the fee is $18.
26        (c) Residents of the State of Illinois may obtain a

 

 

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1    sportsmen's combination license that shall entitle the
2    holder to the same non-commercial fishing privileges as
3    residents holding a license as described in subsection (a)
4    of this Section and to the same hunting privileges as
5    residents holding a license to hunt all species as
6    described in Section 3.1 of the Wildlife Code. No
7    sportsmen's combination license shall be issued to any
8    individual who would be ineligible for either the fishing
9    or hunting license separately. The sportsmen's combination
10    license fee shall be $25.50. For residents turning age 65
11    or older during the license year, the fee is one-half of
12    the fee charged for a sportsmen's combination license. For
13    resident veterans of the United States Armed Forces after
14    returning from service abroad or mobilization by the
15    President of the United States, the fee, commencing with
16    the 2012 license year, is one-half of the fee charged for a
17    sportsmen's combination license. Veterans must provide to
18    the Department, at one of the Department's 5 regional
19    offices, verification of their service. The Department
20    shall establish what constitutes suitable verification of
21    service for the purpose of issuing sportsmen's combination
22    licenses to resident veterans at a reduced fee.
23        (d) For 24 hours of fishing by sport fishing devices as
24    defined in Section 10-95 or by spearing devices as defined
25    in Section 10-110 the fee is $5. This license exempts the
26    licensee from the requirement for a salmon or inland trout

 

 

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1    stamp. The licenses provided for by this subsection are not
2    required for residents of the State of Illinois who have
3    obtained the license provided for in subsection (a) of this
4    Section.
5        (e) All residents before using any commercial mussel
6    device shall obtain a commercial mussel license, the fee
7    for which shall be $50.
8        (f) Residents of this State, upon establishing
9    residency as required by the Department, may obtain a
10    lifetime hunting or fishing license or lifetime
11    sportsmen's combination license which shall entitle the
12    holder to the same non-commercial fishing privileges as
13    residents holding a license as described in paragraph (a)
14    of this Section and to the same hunting privileges as
15    residents holding a license to hunt all species as
16    described in Section 3.1 of the Wildlife Code. No lifetime
17    sportsmen's combination license shall be issued to or
18    retained by any individual who would be ineligible for
19    either the fishing or hunting license separately, either
20    upon issuance, or in any year a violation would subject an
21    individual to have either or both fishing or hunting
22    privileges rescinded. The lifetime hunting and fishing
23    license fees shall be as follows:
24            (1) Lifetime fishing: 30 x the current fishing
25        license fee.
26            (2) Lifetime hunting: 30 x the current hunting

 

 

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1        license fee.
2            (3) Lifetime sportsmen's combination license: 30 x
3        the current sportsmen's combination license fee.
4    Lifetime licenses shall not be refundable. A $10 fee shall
5be charged for reissuing any lifetime license. The Department
6may establish rules and regulations for the issuance and use of
7lifetime licenses and may suspend or revoke any lifetime
8license issued under this Section for violations of those rules
9or regulations or other provisions under this Code or the
10Wildlife Code. Individuals under 16 years of age who possess a
11lifetime hunting or sportsmen's combination license shall have
12in their possession, while in the field, a certificate of
13competency as required under Section 3.2 of the Wildlife Code.
14Any lifetime license issued under this Section shall not exempt
15individuals from obtaining additional stamps or permits
16required under the provisions of this Code or the Wildlife
17Code. Individuals required to purchase additional stamps shall
18sign the stamps and have them in their possession while fishing
19or hunting with a lifetime license. All fees received from the
20issuance of lifetime licenses shall be deposited in the Fish
21and Wildlife Endowment Fund.
22    Except for licenses issued under subsection (e) of this
23Section, all licenses provided for in this Section shall expire
24on March 31 of each year, except that the license provided for
25in subsection (d) of this Section shall expire 24 hours after
26the effective date and time listed on the face of the license.

 

 

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1    All individuals required to have and failing to have the
2license provided for in subsection (a) or (d) of this Section
3shall be fined according to the provisions of Section 20-35 of
4this Code.
5    All individuals required to have and failing to have the
6licenses provided for in subsections (b) and (e) of this
7Section shall be guilty of a Class B misdemeanor.
8(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
 
9    Section 10. The Wildlife Code is amended by changing
10Sections 3.2 and 3.39 as follows:
 
11    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
12    (Text of Section before amendment by P.A. 97-498)
13    Sec. 3.2. Hunting license; application; instruction.
14Before the Department or any county, city, village, township,
15incorporated town clerk or his duly designated agent or any
16other person authorized or designated by the Department to
17issue hunting licenses shall issue a hunting license to any
18person, the person shall file his application with the
19Department or other party authorized to issue licenses on a
20form provided by the Department and further give definite proof
21of identity and place of legal residence. Each clerk
22designating agents to issue licenses and stamps shall furnish
23the Department, within 10 days following the appointment, the
24names and mailing addresses of the agents. Each clerk or his

 

 

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1duly designated agent shall be authorized to sell licenses and
2stamps only within the territorial area for which he was
3elected or appointed. No duly designated agent is authorized to
4furnish licenses or stamps for issuance by any other business
5establishment. Each application shall be executed and sworn to
6and shall set forth the name and description of the applicant
7and place of residence.
8    No hunting license shall be issued to any person born on or
9after January 1, 1980 unless he presents the person authorized
10to issue the license evidence that he has held a hunting
11license issued by the State of Illinois or another state in a
12prior year, or a certificate of competency as provided in this
13Section. Persons under 16 years of age may be issued a Lifetime
14Hunting or Sportsmen's Combination License as provided under
15Section 20-45 of the Fish and Aquatic Life Code but shall not
16be entitled to hunt unless they have a certificate of
17competency as provided in this Section and they shall have the
18certificate in their possession while hunting.
19    The Department of Natural Resources shall authorize
20personnel of the Department or certified volunteer instructors
21to conduct courses, of not less than 10 hours in length, in
22firearms and hunter safety, which may include training in bow
23and arrow safety, at regularly specified intervals throughout
24the State. Persons successfully completing the course shall
25receive a certificate of competency. The Department of Natural
26Resources may further cooperate with any reputable association

 

 

HB5477- 12 -LRB097 20134 CEL 65524 b

1or organization in establishing courses if the organization has
2as one of its objectives the promotion of safety in the
3handling of firearms or bow and arrow.
4    The Department of Natural Resources shall designate any
5person found by it to be competent to give instruction in the
6handling of firearms, hunter safety, and bow and arrow. The
7persons so appointed shall give the course of instruction and
8upon the successful completion shall issue to the person
9instructed a certificate of competency in the safe handling of
10firearms, hunter safety, and bow and arrow. No charge shall be
11made for any course of instruction except for materials or
12ammunition consumed. The Department of Natural Resources shall
13furnish information on the requirements of hunter safety
14education programs to be distributed free of charge to
15applicants for hunting licenses by the persons appointed and
16authorized to issue licenses. Funds for the conducting of
17firearms and hunter safety courses shall be taken from the fee
18charged for the Firearm Owners Identification Card.
19    The fee for a hunting license to hunt all species for a
20resident of Illinois is $12. For residents turning age 65 or
21older during the license year, the fee is one-half of the fee
22charged for a hunting license to hunt all species for a
23resident of Illinois. Nonresidents shall be charged $57 for a
24hunting license.
25    Nonresidents may be issued a nonresident hunting license
26for a period not to exceed 10 consecutive days' hunting in the

 

 

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1State and shall be charged a fee of $35.
2    A special nonresident hunting license authorizing a
3nonresident to take game birds by hunting on a game breeding
4and hunting preserve area only, established under Section 3.27,
5shall be issued upon proper application being made and payment
6of a fee equal to that for a resident hunting license. The
7expiration date of this license shall be on the same date each
8year that game breeding and hunting preserve area licenses
9expire.
10    Each applicant for a State Migratory Waterfowl Stamp,
11regardless of his residence or other condition, shall pay a fee
12of $15 and shall receive a stamp. Except as provided under
13Section 20-45 of the Fish and Aquatic Life Code, the stamp
14shall be signed by the person or affixed to his license or
15permit in a space designated by the Department for that
16purpose.
17    Each applicant for a State Habitat Stamp, regardless of his
18residence or other condition, shall pay a fee of $5 and shall
19receive a stamp. Except as provided under Section 20-45 of the
20Fish and Aquatic Life Code, the stamp shall be signed by the
21person or affixed to his license or permit in a space
22designated by the Department for that purpose.
23    Nothing in this Section shall be construed as to require
24the purchase of more than one State Habitat Stamp by any person
25in any one license year.
26    The Department shall furnish the holders of hunting

 

 

HB5477- 14 -LRB097 20134 CEL 65524 b

1licenses and stamps with an insignia as evidence of possession
2of license, or license and stamp, as the Department may
3consider advisable. The insignia shall be exhibited and used as
4the Department may order.
5    All other hunting licenses and all State stamps shall
6expire upon March 31 of each year.
7    Every person holding any license, permit, or stamp issued
8under the provisions of this Act shall have it in his
9possession for immediate presentation for inspection to the
10officers and authorized employees of the Department, any
11sheriff, deputy sheriff, or any other peace officer making a
12demand for it. This provision shall not apply to Department
13owned or managed sites where it is required that all hunters
14deposit their license, permit, or Firearm Owner's
15Identification Card at the check station upon entering the
16hunting areas.
17(Source: P.A. 96-831, eff. 1-1-10.)
 
18    (Text of Section after amendment by P.A. 97-498)
19    Sec. 3.2. Hunting license; application; instruction.
20Before the Department or any county, city, village, township,
21incorporated town clerk or his duly designated agent or any
22other person authorized or designated by the Department to
23issue hunting licenses shall issue a hunting license to any
24person, the person shall file his application with the
25Department or other party authorized to issue licenses on a

 

 

HB5477- 15 -LRB097 20134 CEL 65524 b

1form provided by the Department and further give definite proof
2of identity and place of legal residence. Each clerk
3designating agents to issue licenses and stamps shall furnish
4the Department, within 10 days following the appointment, the
5names and mailing addresses of the agents. Each clerk or his
6duly designated agent shall be authorized to sell licenses and
7stamps only within the territorial area for which he was
8elected or appointed. No duly designated agent is authorized to
9furnish licenses or stamps for issuance by any other business
10establishment. Each application shall be executed and sworn to
11and shall set forth the name and description of the applicant
12and place of residence.
13    No hunting license shall be issued to any person born on or
14after January 1, 1980 unless he presents the person authorized
15to issue the license evidence that he has held a hunting
16license issued by the State of Illinois or another state in a
17prior year, or a certificate of competency as provided in this
18Section. Persons under 16 years of age may be issued a Lifetime
19Hunting or Sportsmen's Combination License as provided under
20Section 20-45 of the Fish and Aquatic Life Code but shall not
21be entitled to hunt unless they have a certificate of
22competency as provided in this Section and they shall have the
23certificate in their possession while hunting.
24    The Department of Natural Resources shall authorize
25personnel of the Department or certified volunteer instructors
26to conduct courses, of not less than 10 hours in length, in

 

 

HB5477- 16 -LRB097 20134 CEL 65524 b

1firearms and hunter safety, which may include training in bow
2and arrow safety, at regularly specified intervals throughout
3the State. Persons successfully completing the course shall
4receive a certificate of competency. The Department of Natural
5Resources may further cooperate with any reputable association
6or organization in establishing courses if the organization has
7as one of its objectives the promotion of safety in the
8handling of firearms or bow and arrow.
9    The Department of Natural Resources shall designate any
10person found by it to be competent to give instruction in the
11handling of firearms, hunter safety, and bow and arrow. The
12persons so appointed shall give the course of instruction and
13upon the successful completion shall issue to the person
14instructed a certificate of competency in the safe handling of
15firearms, hunter safety, and bow and arrow. No charge shall be
16made for any course of instruction except for materials or
17ammunition consumed. The Department of Natural Resources shall
18furnish information on the requirements of hunter safety
19education programs to be distributed free of charge to
20applicants for hunting licenses by the persons appointed and
21authorized to issue licenses. Funds for the conducting of
22firearms and hunter safety courses shall be taken from the fee
23charged for the Firearm Owners Identification Card.
24    The fee for a hunting license to hunt all species for a
25resident of Illinois is $12. For residents turning age 65 or
26older during the license year, and, commencing with the 2012

 

 

HB5477- 17 -LRB097 20134 CEL 65524 b

1license year, resident veterans of the United States Armed
2Forces after returning from service abroad or mobilization by
3the President of the United States, the fee is one-half of the
4fee charged for a hunting license to hunt all species for a
5resident of Illinois. Veterans must provide to the Department,
6at one of the Department's 5 regional offices, verification of
7their service. The Department shall establish what constitutes
8suitable verification of service for the purpose of issuing
9resident veterans hunting licenses at a reduced fee.
10Nonresidents shall be charged $57 for a hunting license.
11    Nonresidents may be issued a nonresident hunting license
12for a period not to exceed 10 consecutive days' hunting in the
13State and shall be charged a fee of $35.
14    A special nonresident hunting license authorizing a
15nonresident to take game birds by hunting on a game breeding
16and hunting preserve area only, established under Section 3.27,
17shall be issued upon proper application being made and payment
18of a fee equal to that for a resident hunting license. The
19expiration date of this license shall be on the same date each
20year that game breeding and hunting preserve area licenses
21expire.
22    Each applicant for a State Migratory Waterfowl Stamp,
23regardless of his residence or other condition, shall pay a fee
24of $15 and shall receive a stamp. Except as provided under
25Section 20-45 of the Fish and Aquatic Life Code, the stamp
26shall be signed by the person or affixed to his license or

 

 

HB5477- 18 -LRB097 20134 CEL 65524 b

1permit in a space designated by the Department for that
2purpose.
3    Each applicant for a State Habitat Stamp, regardless of his
4residence or other condition, shall pay a fee of $5 and shall
5receive a stamp. Except as provided under Section 20-45 of the
6Fish and Aquatic Life Code, the stamp shall be signed by the
7person or affixed to his license or permit in a space
8designated by the Department for that purpose.
9    Nothing in this Section shall be construed as to require
10the purchase of more than one State Habitat Stamp by any person
11in any one license year.
12    The Department shall furnish the holders of hunting
13licenses and stamps with an insignia as evidence of possession
14of license, or license and stamp, as the Department may
15consider advisable. The insignia shall be exhibited and used as
16the Department may order.
17    All other hunting licenses and all State stamps shall
18expire upon March 31 of each year.
19    Every person holding any license, permit, or stamp issued
20under the provisions of this Act shall have it in his
21possession for immediate presentation for inspection to the
22officers and authorized employees of the Department, any
23sheriff, deputy sheriff, or any other peace officer making a
24demand for it. This provision shall not apply to Department
25owned or managed sites where it is required that all hunters
26deposit their license, permit, or Firearm Owner's

 

 

HB5477- 19 -LRB097 20134 CEL 65524 b

1Identification Card at the check station upon entering the
2hunting areas.
3(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
 
4    (520 ILCS 5/3.39)  (from Ch. 61, par. 3.39)
5    Sec. 3.39. Residents of the State of Illinois may obtain a
6Sportsmen's Combination License which shall entitle the holder
7to the same non-commercial fishing privileges as residents
8holding a fishing license described in subparagraph (a) of
9Section 20-45 of the Fish and Aquatic Life Code, and to the
10same hunting privileges as residents holding a license to hunt
11all species, as described in Section 3.1 of this Act. However,
12no Sportsmen's Combination License shall be issued to any
13person who would be ineligible for either the fishing or
14hunting license separately. The Sportsmen's Combination
15License fee shall be $25.50. For residents turning age 65 or
16older during the license year, the fee is one-half of the fee
17charged for a Sportsmen's Combination License.
18(Source: P.A. 96-831, eff. 1-1-10.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other

 

 

HB5477- 20 -LRB097 20134 CEL 65524 b

1Public Act.
 
2    Section 999. Effective date. This Act takes effect April 1,
32013.