HB4329sam001 98TH GENERAL ASSEMBLY

Sen. Gary Forby

Filed: 5/6/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4329

2    AMENDMENT NO. ______. Amend House Bill 4329 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Fish and Aquatic Life Code is amended by
5changing Sections 20-45, 20-50, and 20-51 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, one-half of the
13    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

 

 

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1    abroad or mobilization by the President of the United
2    States. Veterans must provide, to the Department at one of
3    the Department's 5 regional offices, verification of their
4    service. The Department shall establish what constitutes
5    suitable verification of service for the purpose of issuing
6    fishing licenses to resident veterans at a reduced fee.
7        (a-5) The fee for all sport fishing licenses shall be
8    $1 for residents over 75 years of age.
9        (b) All residents before using any commercial fishing
10    device shall obtain a commercial fishing license, the fee
11    for which shall be $60 and a resident fishing license, the
12    fee for which is $14.50. Each and every commercial device
13    used shall be licensed by a resident commercial fisherman
14    as follows:
15            (1) For each 100 lineal yards, or fraction thereof,
16        of seine the fee is $18. For each minnow seine, minnow
17        trap, or net for commercial purposes the fee is $20.
18            (2) For each device to fish with a 100 hook trot
19        line device, basket trap, hoop net, or dip net the fee
20        is $3.
21            (3) When used in the waters of Lake Michigan, for
22        the first 2000 lineal feet, or fraction thereof, of
23        gill net the fee is $10; and for each 1000 additional
24        lineal feet, or fraction thereof, the fee is $10. These
25        fees shall apply to all gill nets in use in the water
26        or on drying reels on the shore.

 

 

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

 

 

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

 

 

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

 

 

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1on March 31 of each year, except that the license provided for
2in subsection (d) of this Section shall expire 24 hours after
3the effective date and time listed on the face of the license.
4    All individuals required to have and failing to have the
5license provided for in subsection (a) or (d) of this Section
6shall be fined according to the provisions of Section 20-35 of
7this Code.
8    All individuals required to have and failing to have the
9licenses provided for in subsections (b) and (e) of this
10Section shall be guilty of a Class B misdemeanor.
11(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12;
1297-1136, eff. 1-1-13.)
 
13    (515 ILCS 5/20-50)  (from Ch. 56, par. 20-50)
14    Sec. 20-50. Salmon stamp fee. The fee for a salmon stamp
15shall be $6 for both resident and non-resident licensees. The
16fee for a salmon stamp shall be waived for residents over 75
17years of age. Every person shall sign the salmon stamp or affix
18the salmon stamp to his or her license. These stamps shall
19expire on March 31 of each year. All individuals required to
20have and failing to have a salmon stamp as provided in Section
2120-10 of this Code shall be guilty of a petty offense.
22(Source: P.A. 87-833; 88-91.)
 
23    (515 ILCS 5/20-51)
24    Sec. 20-51. Inland trout stamp. The fee for an inland trout

 

 

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1stamp shall be $6 for both resident and nonresident licensees.
2The fee for an inland trout stamp shall be waived for residents
3over 75 years of age. These stamps shall expire on March 31 of
4each year. All individuals required to have and who fail to
5have an inland trout stamp, as provided in Section 20-11 of
6this Code, shall be guilty of a petty offense.
7(Source: P.A. 88-91.)
 
8    Section 10. The Wildlife Code is amended by changing
9Section 3.2 as follows:
 
10    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
11    Sec. 3.2. Hunting license; application; instruction.
12Before the Department or any county, city, village, township,
13incorporated town clerk or his duly designated agent or any
14other person authorized or designated by the Department to
15issue hunting licenses shall issue a hunting license to any
16person, the person shall file his application with the
17Department or other party authorized to issue licenses on a
18form provided by the Department and further give definite proof
19of identity and place of legal residence. Each clerk
20designating agents to issue licenses and stamps shall furnish
21the Department, within 10 days following the appointment, the
22names and mailing addresses of the agents. Each clerk or his
23duly designated agent shall be authorized to sell licenses and
24stamps only within the territorial area for which he was

 

 

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

 

 

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1handling of firearms or bow and arrow.
2    The Department of Natural Resources shall designate any
3person found by it to be competent to give instruction in the
4handling of firearms, hunter safety, and bow and arrow. The
5persons so appointed shall give the course of instruction and
6upon the successful completion shall issue to the person
7instructed a certificate of competency in the safe handling of
8firearms, hunter safety, and bow and arrow. No charge shall be
9made for any course of instruction except for materials or
10ammunition consumed. The Department of Natural Resources shall
11furnish information on the requirements of hunter safety
12education programs to be distributed free of charge to
13applicants for hunting licenses by the persons appointed and
14authorized to issue licenses. Funds for the conducting of
15firearms and hunter safety courses shall be taken from the fee
16charged for the Firearm Owners Identification Card.
17    The fee for a hunting license to hunt all species for a
18resident of Illinois is $12. For residents age 65 or older,
19and, commencing with the 2012 license year, resident veterans
20of the United States Armed Forces after returning from service
21abroad or mobilization by the President of the United States,
22the fee is one-half of the fee charged for a hunting license to
23hunt all species for a resident of Illinois. Veterans must
24provide to the Department, at one of the Department's 5
25regional offices, verification of their service. The
26Department shall establish what constitutes suitable

 

 

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1verification of service for the purpose of issuing resident
2veterans hunting licenses at a reduced fee. The fee for a
3hunting license to hunt all species shall be $1 for residents
4over 75 years of age. Nonresidents shall be charged $57 for a
5hunting license.
6    Nonresidents may be issued a nonresident hunting license
7for a period not to exceed 10 consecutive days' hunting in the
8State and shall be charged a fee of $35.
9    A special nonresident hunting license authorizing a
10nonresident to take game birds by hunting on a game breeding
11and hunting preserve area only, established under Section 3.27,
12shall be issued upon proper application being made and payment
13of a fee equal to that for a resident hunting license. The
14expiration date of this license shall be on the same date each
15year that game breeding and hunting preserve area licenses
16expire.
17    Each applicant for a State Migratory Waterfowl Stamp,
18regardless of his residence or other condition, shall pay a fee
19of $15 and shall receive a stamp. The fee for a State Migratory
20Waterfowl Stamp shall be waived for residents over 75 years of
21age. Except as provided under Section 20-45 of the Fish and
22Aquatic Life Code, the stamp shall be signed by the person or
23affixed to his license or permit in a space designated by the
24Department for that purpose.
25    Each applicant for a State Habitat Stamp, regardless of his
26residence or other condition, shall pay a fee of $5 and shall

 

 

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1receive a stamp. The fee for a State Habitat Stamp shall be
2waived for residents over 75 years of age. Except as provided
3under Section 20-45 of the Fish and Aquatic Life Code, the
4stamp shall be signed by the person or affixed to his license
5or permit in a space designated by the Department for that
6purpose.
7    Nothing in this Section shall be construed as to require
8the purchase of more than one State Habitat Stamp by any person
9in any one license year.
10    The fees for State Pheasant Stamps and State Furbearer
11Stamps shall be waived for residents over 75 years of age.
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

 

 

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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    Section 99. Effective date. This Act takes effect upon
5becoming law.".