Illinois General Assembly - Full Text of HB2036
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Full Text of HB2036  101st General Assembly

HB2036 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2036

 

Introduced , by Rep. John M. Cabello

 

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

    Amends the Fish and Aquatic Life Code. Provides that the fee for all sport fishing licenses shall be waived for resident veterans of the United States Armed Forces who have been honorably discharged. Amends the Wildlife Code. Provides that the fee for a hunting license to hunt all species shall be waived for resident veterans of the United States Armed Forces who have been honorably discharged. Makes technical changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2036LRB101 04894 SLF 49903 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    Sec. 20-45. License fees for residents. Fees for licenses
8for residents of the State of Illinois shall be as follows:
9        (a) Except as otherwise provided in this Section, for
10    sport fishing devices as defined in Section 10-95 or
11    spearing devices as defined in Section 10-110, the fee is
12    $14.50 for individuals 16 to 64 years old and , one-half of
13    the current fishing license fee for individuals age 65 or
14    older, and, commencing with the 2012 license year, one-half
15    of the current fishing license fee for resident veterans of
16    the United States Armed Forces after returning from service
17    abroad or mobilization by the President of the United
18    States. Veterans must provide, to the Department at one of
19    the Department's 5 regional offices, verification of their
20    service. The Department shall establish what constitutes
21    suitable verification of service for the purpose of issuing
22    fishing licenses to resident veterans at a reduced fee.
23        (a-3) The fee for all sport fishing licenses shall be

 

 

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1    waived for resident veterans of the United States Armed
2    Forces who have been honorably discharged. Veterans must
3    provide, to the Department at one of the Department's 5
4    regional offices, verification of their service and
5    honorable discharge. The Department shall establish what
6    constitutes suitable verification of service and honorable
7    discharge for the purpose of issuing fishing licenses to
8    resident veterans without a fee.
9        (a-5) The fee for all sport fishing licenses shall be
10    $1 for residents over 75 years of age.
11        (b) All residents before using any commercial fishing
12    device shall obtain a commercial fishing license, the fee
13    for which shall be $60 and a resident fishing license, the
14    fee for which is $14.50. Each and every commercial device
15    used shall be licensed by a resident commercial fisherman
16    as follows:
17            (1) For each 100 lineal yards, or fraction thereof,
18        of seine the fee is $18. For each minnow seine, minnow
19        trap, or net for commercial purposes the fee is $20.
20            (2) For each device to fish with a 100 hook trot
21        line device, basket trap, hoop net, or dip net the fee
22        is $3.
23            (3) When used in the waters of Lake Michigan, for
24        the first 2000 lineal feet, or fraction thereof, of
25        gill net the fee is $10; and for each 1000 additional
26        lineal feet, or fraction thereof, the fee is $10. These

 

 

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1        fees shall apply to all gill nets in use in the water
2        or on drying reels on the shore.
3            (4) For each 100 lineal yards, or fraction thereof,
4        of gill net or trammel net the fee is $18.
5        (c) Residents of the State of Illinois may obtain a
6    sportsmen's combination license that shall entitle the
7    holder to the same non-commercial fishing privileges as
8    residents holding a license as described in subsection (a)
9    of this Section and to the same hunting privileges as
10    residents holding a license to hunt all species as
11    described in Section 3.1 of the Wildlife Code. No
12    sportsmen's combination license shall be issued to any
13    individual who would be ineligible for either the fishing
14    or hunting license separately. The sportsmen's combination
15    license fee shall be $25.50. For residents age 65 or older,
16    the fee is one-half of the fee charged for a sportsmen's
17    combination license. For resident veterans of the United
18    States Armed Forces after returning from service abroad or
19    mobilization by the President of the United States, the
20    fee, commencing with the 2012 license year, is one-half of
21    the fee charged for a sportsmen's combination license.
22    Veterans must provide to the Department, at one of the
23    Department's 5 regional offices, verification of their
24    service. The Department shall establish what constitutes
25    suitable verification of service for the purpose of issuing
26    sportsmen's combination licenses to resident veterans at a

 

 

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

 

 

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

 

 

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1    Except for licenses issued under subsection (e) of this
2Section, all licenses provided for in this Section shall expire
3on March 31 of each year, except that the license provided for
4in subsection (d) of this Section shall expire 24 hours after
5the effective date and time listed on the face of the license.
6    All individuals required to have and failing to have the
7license provided for in subsection (a) or (d) of this Section
8shall be fined according to the provisions of Section 20-35 of
9this Code.
10    All individuals required to have and failing to have the
11licenses provided for in subsections (b) and (e) of this
12Section shall be guilty of a Class B misdemeanor.
13(Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
1498-800, eff. 8-1-14.)
 
15    Section 10. The Wildlife Code is amended by changing
16Section 3.2 as follows:
 
17    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
18    Sec. 3.2. Hunting license; application; instruction.
19Before the Department or any county, city, village, township,
20incorporated town clerk, or his or her duly designated agent or
21any other person authorized or designated by the Department to
22issue hunting licenses shall issue a hunting license to any
23person, the person shall file his or her application with the
24Department or other party authorized to issue licenses on a

 

 

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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 or
6her duly designated agent shall be authorized to sell licenses
7and stamps only within the territorial area for which he or she
8was elected or appointed. No duly designated agent is
9authorized to furnish licenses or stamps for issuance by any
10other business establishment. Each application shall be
11executed and sworn to and shall set forth the name and
12description of the applicant and place of residence.
13    No hunting license shall be issued to any person born on or
14after January 1, 1980 unless he or she presents the person
15authorized to issue the license evidence that he or she has
16held a hunting license issued by the State of Illinois or
17another state in a prior year, or a certificate of competency
18as provided in this Section. Persons under 18 years of age may
19be issued a Lifetime Hunting or Sportsmen's Combination License
20as provided under Section 20-45 of the Fish and Aquatic Life
21Code but shall not be entitled to hunt alone, without the
22supervision of an adult age 21 or older order, unless they have
23a certificate of competency as provided in this Section and the
24certificate is in their possession while hunting.
25    The Department of Natural Resources shall authorize
26personnel of the Department or certified volunteer instructors

 

 

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1to conduct courses, of not less than 10 hours in length, in
2firearms and hunter safety, which may include training in bow
3and arrow safety, at regularly specified intervals throughout
4the State. Persons successfully completing the course shall
5receive a certificate of competency. The Department of Natural
6Resources may further cooperate with any reputable association
7or organization in establishing courses if the organization has
8as one of its objectives the promotion of safety in the
9handling of firearms or bow and arrow.
10    The Department of Natural Resources shall designate any
11person found by it to be competent to give instruction in the
12handling of firearms, hunter safety, and bow and arrow. The
13persons so appointed shall give the course of instruction and
14upon the successful completion shall issue to the person
15instructed a certificate of competency in the safe handling of
16firearms, hunter safety, and bow and arrow. No charge shall be
17made for any course of instruction except for materials or
18ammunition consumed. The Department of Natural Resources shall
19furnish information on the requirements of hunter safety
20education programs to be distributed free of charge to
21applicants for hunting licenses by the persons appointed and
22authorized to issue licenses. Funds for the conducting of
23firearms and hunter safety courses shall be taken from the fee
24charged for the Firearm Owners Identification Card.
25    The fee for a hunting license to hunt all species for a
26resident of Illinois is $12. For residents age 65 or older,

 

 

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1and, commencing with the 2012 license year, resident veterans
2of the United States Armed Forces after returning from service
3abroad or mobilization by the President of the United States,
4the fee is one-half of the fee charged for a hunting license to
5hunt all species for a resident of Illinois. The fee for a
6hunting license to hunt all species shall be waived for
7resident veterans of the United States Armed Forces who have
8been honorably discharged. Veterans must provide to the
9Department, at one of the Department's 5 regional offices,
10verification of their service and honorable discharge. The
11Department shall establish what constitutes suitable
12verification of service and honorable discharge for the purpose
13of issuing resident veterans hunting licenses at a without a
14fee reduced fee. The fee for a hunting license to hunt all
15species shall be $1 for residents over 75 years of age.
16Nonresidents shall be charged $57 for a hunting license.
17    Nonresidents may be issued a nonresident hunting license
18for a period not to exceed 10 consecutive days' hunting in the
19State and shall be charged a fee of $35.
20    A special nonresident hunting license authorizing a
21nonresident to take game birds by hunting on a game breeding
22and hunting preserve area only, established under Section 3.27,
23shall be issued upon proper application being made and payment
24of a fee equal to that for a resident hunting license. The
25expiration date of this license shall be on the same date each
26year that game breeding and hunting preserve area licenses

 

 

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1expire.
2    Each applicant for a State Migratory Waterfowl Stamp,
3regardless of his residence or other condition, shall pay a fee
4of $15 and shall receive a stamp. The fee for a State Migratory
5Waterfowl Stamp shall be waived for residents over 75 years of
6age. Except as provided under Section 20-45 of the Fish and
7Aquatic Life Code, the stamp shall be signed by the person or
8affixed to his license or permit in a space designated by the
9Department for that purpose.
10    Each applicant for a State Habitat Stamp, regardless of his
11residence or other condition, shall pay a fee of $5 and shall
12receive a stamp. The fee for a State Habitat Stamp shall be
13waived for residents over 75 years of age. Except as provided
14under Section 20-45 of the Fish and Aquatic Life Code, the
15stamp shall be signed by the person or affixed to his license
16or permit in a space designated by the Department for that
17purpose.
18    Nothing in this Section shall be construed as to require
19the purchase of more than one State Habitat Stamp by any person
20in any one license year.
21    The fees for State Pheasant Stamps and State Furbearer
22Stamps shall be waived for residents over 75 years of age.
23    The Department shall furnish the holders of hunting
24licenses and stamps with an insignia as evidence of possession
25of license, or license and stamp, as the Department may
26consider advisable. The insignia shall be exhibited and used as

 

 

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1the Department may order.
2    All other hunting licenses and all State stamps shall
3expire upon March 31 of each year.
4    Every person holding any license, permit, or stamp issued
5under the provisions of this Act shall have it in his
6possession for immediate presentation for inspection to the
7officers and authorized employees of the Department, any
8sheriff, deputy sheriff, or any other peace officer making a
9demand for it. This provision shall not apply to Department
10owned or managed sites where it is required that all hunters
11deposit their license, permit, or Firearm Owner's
12Identification Card at the check station upon entering the
13hunting areas.
14(Source: P.A. 100-638, eff. 1-1-19; revised 10-3-18.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.