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90_HB0088
20 ILCS 805/63a23 from Ch. 127, par. 63a23
515 ILCS 5/20-5 from Ch. 56, par. 20-5
515 ILCS 5/20-45 from Ch. 56, par. 20-45
520 ILCS 5/3.1 from Ch. 61, par. 3.1
520 ILCS 5/3.1-3 new
520 ILCS 5/3.2 from Ch. 61, par. 3.2
Amends the Civil Administrative Code of Illinois, the
Fish and Aquatic Life Code, and the Wildlife Code.
Eliminates senior citizen's fees for camping, using certain
facilities, hunting, and fishing. Creates a Golden Years
Fishing and Hunting License. Effective immediately.
LRB9000765SMdv
LRB9000765SMdv
1 AN ACT concerning certain senior citizen's fees, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Civil Administrative Code of Illinois is
6 amended by changing Section 63a23 as follows:
7 (20 ILCS 805/63a23) (from Ch. 127, par. 63a23)
8 Sec. 63a23. Campsites and housing facilities. To provide
9 facilities for overnight tent and trailer camp sites and to
10 provide suitable housing facilities for student and juvenile
11 overnight camping groups. The Department of Natural
12 Resources may regulate, by administrative order, the fees to
13 be charged for tent and trailer camping units at individual
14 park areas based upon the facilities available. However, for
15 campsites with access to showers or electricity, any Illinois
16 resident who is age 62 or older or has a Class 2 disability
17 as defined in Section 4A of the Illinois Identification Card
18 Act shall be charged only one-half of the camping fee charged
19 to the general public during the period Monday through
20 Thursday of any week and shall be charged the same camping
21 fee as the general public on all other days. For campsites
22 without access to showers or electricity, no camping fee
23 authorized by this Section shall be charged to any resident
24 of Illinois who has a Class 2 disability as defined in
25 Section 4A of the Illinois Identification Card Act. For
26 campsites without access to showers or electricity, no
27 camping fee authorized by this Section shall be charged to
28 any resident of Illinois who is age 62 or older for the use
29 of a camp site unit during the period Monday through Thursday
30 of any week. No camping fee authorized by this Section shall
31 be charged to any resident of Illinois who is a disabled
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1 veteran or a former prisoner of war, as defined in Section 5
2 of the Department of Veterans Affairs Act. No fee authorized
3 by this Section shall be charged any resident of Illinois who
4 is age 65 or over for the use of a camping unit during the
5 period Monday through Thursday of any week; however, on other
6 days those residents shall be charged the same fees as are
7 authorized for the general public. Nonresidents shall be
8 charged the same fees as are authorized for the general
9 public regardless of age. The Department shall provide by
10 regulation for suitable proof of age.
11 Any Illinois resident who has reached 62 years of age but
12 is under age 65 shall be charged one-half the fee charged to
13 the general public for use of a camping unit during the
14 period Monday through Thursday; on other days those residents
15 shall be charged the same fee as the general public., or
16 Either a valid driver's license or a "Golden Age Passport"
17 issued by the federal government shall be acceptable as proof
18 of age. The Department shall further provide by regulation
19 that notice of such reduced admission fees be posted in a
20 conspicuous place and manner.
21 Reduced fees authorized in this Section shall not apply
22 to any charge for utility service.
23 (Source: P.A. 88-91; 89-445, eff. 2-7-96.)
24 Section 10. The Fish and Aquatic Life Code is amended by
25 changing Sections 20-5 and 20-45 as follows:
26 (515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
27 Sec. 20-5. Necessity of license; exemptions.
28 (a) Any person taking or attempting to take any fish,
29 including minnows for commercial purposes, turtles, mussels,
30 crayfish, or frogs by any means whatever in any waters or
31 lands wholly or in part within the jurisdiction of the State,
32 including that part of Lake Michigan under the jurisdiction
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1 of this State, shall first obtain a license to do so, and
2 shall do so only during the respective periods of the year
3 when it shall be lawful as provided in this Code. Individuals
4 under 16, blind or disabled residents, residents 65 years of
5 age or more, or individuals fishing at fee fishing areas
6 licensed by the Department, however, may fish with sport
7 fishing devices without being required to have a license.
8 For the purpose of this Section an individual is blind or
9 disabled if that individual has a Class 2 disability as
10 defined in Section 4A of the Illinois Identification Card
11 Act. For purposes of this Section an Illinois Disabled Person
12 Identification Card issued under the Illinois Identification
13 Card Act indicating that the individual named on the card has
14 a Class 2 disability shall be adequate documentation of a
15 disability.
16 (b) A courtesy non-resident sport fishing license may be
17 issued at the discretion of the Director, without fee, to (i)
18 any individual officially employed in the wildlife and fish
19 or conservation department of another state or of the United
20 States who is within the State to assist or consult or
21 cooperate with the Director or (ii) the officials of other
22 states, the United States, foreign countries, or officers or
23 representatives of conservation organizations or publications
24 while in the State as guests of the Governor or Director.
25 (c) The Director may issue special fishing permits
26 without cost to groups of hospital patients or handicapped
27 individuals for use on specified dates in connection with
28 supervised fishing for therapy.
29 (d) Veterans who, according to the determination of the
30 Veterans' Administration as certified by the Department of
31 Veterans' Affairs, are at least 10% disabled with
32 service-related disabilities or in receipt of total
33 disability pensions may fish with sport fishing devices
34 during those periods of the year it is lawful to do so
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1 without being required to have a license, on the condition
2 that their respective disabilities do not prevent them from
3 fishing in a manner which is safe to themselves and others.
4 (e) Each year the Director may designate a period, not
5 to exceed 4 days in duration, when sport fishermen may fish
6 waters wholly or in part within the jurisdiction of the
7 State, including that part of Lake Michigan under the
8 jurisdiction of the State, and not be required to obtain the
9 license or stamp required by subsection (a) of this Section,
10 Section 20-10 or subsection (a) of Section 20-55. The term of
11 any such period shall be established by administrative rule.
12 This subsection shall not apply to commercial fishing.
13 (Source: P.A. 88-91; 89-66, eff. 1-1-96.)
14 (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
15 Sec. 20-45. License fees for residents. Fees for
16 licenses for residents of the State of Illinois shall be as
17 follows:
18 (a) Except as otherwise provided in this Section,
19 for sport fishing devices as defined in Section 10-95 or
20 spearing devices as defined in Section 10-110 the fee is
21 $12.50 for individuals 16 to 64 years old, and one-half
22 of the current fishing license fee for individuals age 65
23 or older, commencing with the 1994 license year.
24 (b) All residents before using any commercial
25 fishing device shall obtain a commercial fishing license,
26 the fee for which shall be $35. Each and every commercial
27 device used shall be licensed by a resident commercial
28 fisherman as follows:
29 (1) For each 100 lineal yards, or fraction
30 thereof, of seine the fee is $18. For each minnow
31 seine, minnow trap, or net for commercial purposes
32 the fee is $20.
33 (2) For each license to fish with a 100 hook
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1 trot line device, basket trap, hoop net, or dip net
2 the fee is $3.
3 (3) When used in the waters of Lake Michigan,
4 for the first 2000 lineal feet, or fraction thereof,
5 of gill net the fee is $10; and for each 1000
6 additional lineal feet, or fraction thereof, the fee
7 is $10. These fees shall apply to all gill nets in
8 use in the water or on drying reels on the shore.
9 (4) For each 100 lineal yards, or fraction
10 thereof, of gill net or trammel net the fee is $18.
11 (c) Residents of the State of Illinois may obtain a
12 sportsmen's combination license that shall entitle the
13 holder to the same non-commercial fishing privileges as
14 residents holding a license as described in subsection
15 (a) of this Section and to the same hunting privileges as
16 residents holding a license to hunt all species as
17 described in Section 3.1 of the Wildlife Code. No
18 sportsmen's combination license shall be issued to any
19 individual who would be ineligible for either the fishing
20 or hunting license separately. The sportsmen's
21 combination license fee shall be $18.50.
22 (d) For one day for fishing in Lake Michigan by
23 sport fishing devices as defined in Section 10-95 or by
24 spearing devices as defined in Section 10-110 the fee is
25 $5. This license exempts the licensee from the
26 requirement for a salmon stamp. The licenses provided for
27 by this subsection are not required for residents of the
28 State of Illinois who have obtained the license provided
29 for in subsection (a) of this Section.
30 (e) All residents before using any commercial
31 mussel device shall obtain a commercial mussel license,
32 the fee for which shall be $50.
33 (f) Residents of this State, upon establishing
34 residency as required by the Department, may obtain a
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1 lifetime hunting or fishing license or lifetime
2 sportsmen's combination license which shall entitle the
3 holder to the same non-commercial fishing privileges as
4 residents holding a license as described in paragraph (a)
5 of this Section and to the same hunting privileges as
6 residents holding a license to hunt all species as
7 described in Section 3.1 of the Wildlife Code. No
8 lifetime sportsmen's combination license shall be issued
9 to or retained by any individual who would be ineligible
10 for either the fishing or hunting license separately,
11 either upon issuance, or in any year a violation would
12 subject an individual to have either or both fishing or
13 hunting privileges rescinded. The lifetime hunting and
14 fishing license fees shall be as follows:
15 (1) Lifetime fishing: 30 x the current
16 fishing license fee.
17 (2) Lifetime hunting: 30 x the current
18 hunting license fee.
19 (3) Lifetime sportsmen's combination license:
20 30 x the current sportsmen's combination license
21 fee.
22 Lifetime licenses shall not be refundable. A $10
23 fee shall be charged for reissuing any lifetime license.
24 The Department may establish rules and regulations for
25 the issuance and use of lifetime licenses and may suspend
26 or revoke any lifetime license issued under this Section
27 for violations of those rules or regulations or other
28 provisions under this Code or the Wildlife Code.
29 Individuals under 16 years of age who possess a lifetime
30 hunting or sportsmen's combination license shall have in
31 their possession, while in the field, a certificate of
32 competency as required under Section 3.2 of the Wildlife
33 Code. Any lifetime license issued under this Section
34 shall not exempt individuals from obtaining additional
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1 stamps or permits required under the provisions of this
2 Code or the Wildlife Code. Individuals required to
3 purchase additional stamps shall sign the stamps and have
4 them in their possession while fishing or hunting with a
5 lifetime license. All fees received from the issuance of
6 lifetime licenses shall be deposited in the Fish and
7 Wildlife Endowment Fund.
8 Except for licenses issued under subsection (e) of this
9 Section, all licenses provided for in this Section shall
10 expire on March 31 of each year, except that the license
11 provided for in subsection (d) of this Section shall expire
12 at midnight on the day for which the license was issued.
13 All individuals required to have and failing to have the
14 license provided for in subsection (a) or (d) of this Section
15 shall be fined according to the provisions of Section 20-35
16 of this Code.
17 All individuals required to have and failing to have the
18 licenses provided for in subsections (b) and (e) of this
19 Section shall be guilty of a Class B misdemeanor.
20 (Source: P.A. 88-91; 89-66, eff. 1-1-96.)
21 Section 15. The Wildlife Code is amended by changing
22 Sections 3.1 and 3.2 and adding Section 3.1-3 as follows:
23 (520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
24 Sec. 3.1. License and stamps required.
25 (a) Before any person shall take or attempt to take any
26 of the species protected by Section 2.2 for which an open
27 season is established under this Act, he shall first have
28 procured and possess a valid hunting license.
29 Before any person 16 years of age or older shall take or
30 attempt to take any bird of the species defined as migratory
31 waterfowl by Section 2.2, including coots, he shall first
32 have procured a State Migratory Waterfowl Stamp.
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1 Before any person 16 years of age or older takes,
2 attempts to take, or pursues any species of wildlife
3 protected by this Code, except migratory waterfowl, coots,
4 and hand-reared birds on licensed game breeding and hunting
5 preserve areas and state controlled pheasant hunting areas,
6 he or she shall first obtain a State Habitat Stamp. Disabled
7 veterans and former prisoners of war shall not be required to
8 obtain State Habitat Stamps. Any person who obtained a
9 lifetime license before January 1, 1993, shall not be
10 required to obtain State Habitat Stamps. Income from the sale
11 of State Furbearer Stamps and State Pheasant Stamps received
12 after the effective date of this amendatory Act of 1992 shall
13 be deposited into the State Furbearer Fund and State Pheasant
14 Fund, respectively.
15 Before any person 16 years of age or older shall take,
16 attempt to take, or sell the green hide of any mammal of the
17 species defined as fur-bearing mammals by Section 2.2 for
18 which an open season is established under this Act, he shall
19 first have procured a State Habitat Stamp.
20 (b) Before any person who is a non-resident of the State
21 of Illinois shall take or attempt to take any of the species
22 protected by Section 2.2, except white-tailed deer or wild
23 turkey, for which an open season is established under this
24 Act, he shall, unless specifically exempted by law, first
25 procure a non-resident license as provided by this Act for
26 the taking of any wild game.
27 Before a nonresident shall take or attempt to take
28 white-tailed deer, he shall first have procured a Deer
29 Hunting Permit as defined in Section 2.26 of this Code.
30 Before a nonresident shall take or attempt to take wild
31 turkeys, he shall have procured a Wild Turkey Hunting Permit
32 as defined in Section 2.11 of this Code.
33 (c) The owners residing on, or bona fide tenants of,
34 farm lands and their children, parents, brothers, and sisters
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1 actually permanently residing on their lands shall have the
2 right to hunt any of the species protected by Section 2.2
3 upon their lands and waters without procuring hunting
4 licenses; but the hunting shall be done only during periods
5 of time and with devices and by methods as are permitted by
6 this Act. Any person on active duty with the Armed Forces of
7 the United States who is now and who was at the time of
8 entering the Armed Forces a resident of Illinois and who
9 entered the Armed Forces from this State, and who is
10 presently on ordinary leave from the Armed Forces, and any
11 resident of Illinois who is disabled, or 65 years of age or
12 more, may hunt any of the species protected by Section 2.2
13 without procuring a hunting license, but the hunting shall be
14 done only during such periods of time and with devices and by
15 methods as are permitted by this Act. For the purpose of
16 this Section a person is disabled when that person has a Type
17 1 or Type 4, Class 2 disability as defined in Section 4A of
18 the Illinois Identification Card Act. For purposes of this
19 Section, an Illinois Disabled Person Identification Card
20 issued pursuant to the Illinois Identification Card Act
21 indicating that the person named has a Type 1 or Type 4,
22 Class 2 disability shall be adequate documentation of the
23 disability.
24 (d) A courtesy non-resident license for taking game may
25 be issued at the discretion of the Director, without fee, to
26 any person officially employed in the game and fish or
27 conservation department of another state or of the United
28 States who is within the State to assist or consult or
29 cooperate with the Director; or to the officials of other
30 states, the United States, foreign countries, or officers or
31 representatives of conservation organizations or publications
32 while in the State as guests of the Governor or Director.
33 The Director may provide to nonresident participants and
34 official gunners at field trials an exemption from licensure
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1 while participating in a field trial.
2 (e) State Migratory Waterfowl Stamps shall be required
3 for those persons qualifying under subsections (c) and (d)
4 who intend to hunt migratory waterfowl, including coots, to
5 the extent that hunting licenses of the various types are
6 authorized and required by this Section for those persons.
7 (f) Registration in the U.S. Fish and Wildlife Migratory
8 Bird Harvest Information Program shall be required for those
9 persons who are required to have a hunting license before
10 taking or attempting to take any bird of the species defined
11 as migratory game birds by Section 2.2, except that this
12 subsection shall not apply to crows in this State or
13 hand-reared birds on licensed game breeding and hunting
14 preserve areas, for which an open season is established by
15 this Act. Persons registering with the Program must carry
16 proof of registration with them while migratory bird hunting.
17 The Department shall publish suitable prescribed
18 regulations pertaining to registration by the migratory bird
19 hunter in the U.S. Fish and Wildlife Service Migratory Bird
20 Harvest Information Program.
21 (Source: P.A. 88-45; 88-91; 89-341, eff. 8-17-95.)
22 (520 ILCS 5/3.1-3 new)
23 Sec. 3.1-3. Golden Years Fishing and Hunting License.
24 The Department shall furnish a special license to residents
25 of age 65 or more who apply therefor. The license shall
26 constitute evidence that the holder has the hunting
27 privileges established for those residents under Section 3.1
28 and the fishing privileges established for those residents
29 under Section 20-5 of the Fish and Aquatic Life Code.
30 Possession of the license shall be a matter of personal
31 preference and nothing in this Section shall be construed as
32 a requirement that residents of age 65 or more obtain or
33 possess the license in order to engage in fishing or hunting.
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1 The license shall, in addition to other information the
2 Department may prescribe, bear an identifying serial number
3 and the designation "Golden Years Fishing and Hunting
4 License". The licenses shall be issued for a fee of 50 cents
5 to qualified residents who make proper application therefor
6 and shall not require renewal.
7 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
8 Sec. 3.2. Hunting license; application; instruction.
9 Before the Department or any county, city, village, township,
10 incorporated town clerk or his duly designated agent or any
11 other person authorized or designated by the Department to
12 issue hunting licenses shall issue a hunting license to any
13 person, the person shall file his application with the
14 Department or other party authorized to issue licenses on a
15 form provided by the Department and further give definite
16 proof of identity and place of legal residence. Each clerk
17 designating agents to issue licenses and stamps shall furnish
18 the Department, within 10 days following the appointment, the
19 names and mailing addresses of the agents. Each clerk or his
20 duly designated agent shall be authorized to sell licenses
21 and stamps only within the territorial area for which he was
22 elected or appointed. No duly designated agent is authorized
23 to furnish licenses or stamps for issuance by any other
24 person or business establishment. Each application shall be
25 executed and sworn to and shall set forth the name and
26 description of the applicant and place of residence.
27 No hunting license shall be issued to any person born on
28 or after January 1, 1980 unless he presents the person
29 authorized to issue the license evidence that he has held a
30 hunting license issued by the State of Illinois or another
31 state in a prior year, or a certificate of competency as
32 provided in this Section. Persons under 16 years of age may
33 be issued a Lifetime Hunting or Sportsmen's Combination
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1 License as provided under Section 20-45 of the Fish and
2 Aquatic Life Code but shall not be entitled to hunt unless
3 they have a certificate of competency as provided in this
4 Section and they shall have the certificate in their
5 possession while hunting.
6 The Department of Natural Resources shall authorize
7 personnel of the Department or certified volunteer
8 instructors to conduct courses, of not less than 10 hours in
9 length, in firearms and hunter safety, which may include
10 training in bow and arrow safety, at regularly specified
11 intervals throughout the State. Persons successfully
12 completing the course shall receive a certificate of
13 competency. The Department of Natural Resources may further
14 cooperate with any reputable association or organization in
15 establishing courses if the organization has as one of its
16 objectives the promotion of safety in the handling of
17 firearms or bow and arrow.
18 The Department of Natural Resources shall designate any
19 person found by it to be competent to give instruction in
20 the handling of firearms, hunter safety, and bow and arrow.
21 The persons so appointed shall give the course of instruction
22 and upon the successful completion shall issue to the person
23 instructed a certificate of competency in the safe handling
24 of firearms, hunter safety, and bow and arrow. No charge
25 shall be made for any course of instruction except for
26 materials or ammunition consumed. The Department of Natural
27 Resources shall furnish information on the requirements of
28 hunter safety education programs to be distributed free of
29 charge to applicants for hunting licenses by the persons
30 appointed and authorized to issue licenses. Funds for the
31 conducting of firearms and hunter safety courses shall be
32 taken from the fee charged for the Firearm Owners
33 Identification Card.
34 The fee for a hunting license to hunt all species for a
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1 resident of Illinois is $7. For residents age 65 or older,
2 the fee is one-half of the fee charged for a hunting license
3 to hunt all species for a resident of Illinois. Nonresidents
4 shall be charged $50 for a hunting license.
5 Upon submitting suitable evidence of legal residence in
6 any other state, nonresidents may be issued a nonresident
7 hunting license for a period not to exceed 10 consecutive
8 days' hunting in the State and shall be charged a fee of $28.
9 A special nonresident hunting license authorizing a
10 nonresident to take game birds by hunting on a game breeding
11 and hunting preserve area only, established under Section
12 3.27, shall be issued upon proper application being made and
13 payment of a fee equal to that for a resident hunting
14 license. The expiration date of this license shall be March
15 31 of each year.
16 Each applicant for a State Migratory Waterfowl Stamp,
17 regardless of his residence or other condition, shall pay a
18 fee of $10 and shall receive a stamp. Except as provided
19 under Section 20-45 of the Fish and Aquatic Life Code, the
20 stamp shall be signed by the person or affixed to his license
21 or permit in a space designated by the Department for that
22 purpose.
23 Each applicant for a State Habitat Stamp, regardless of
24 his residence or other condition, shall pay a fee of $5 and
25 shall receive a stamp. Except as provided under Section 20-45
26 of the Fish and Aquatic Life Code, the stamp shall be signed
27 by the person or affixed to his license or permit in a space
28 designated by the Department for that purpose.
29 Nothing in this Section shall be construed as to require
30 the purchase of more than one State Habitat Stamp by any
31 person in any one license year.
32 The Department shall furnish the holders of hunting
33 licenses and stamps with an insignia as evidence of
34 possession of license, or license and stamp, as the
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1 Department may consider advisable. The insignia shall be
2 exhibited and used as the Department may order.
3 All other hunting licenses and all State stamps shall
4 expire upon March 31 of each year.
5 Every person holding any license, permit, or stamp issued
6 under the provisions of this Act shall have it in his
7 possession for immediate presentation for inspection to the
8 officers and authorized employees of the Department, any
9 sheriff, deputy sheriff, or any other peace officer making a
10 demand for it. This provision shall not apply to Department
11 owned or managed sites where it is required that all hunters
12 deposit their license, permit, or Firearm Owner's
13 Identification Card at the check station upon entering the
14 hunting areas.
15 (Source: P.A. 88-45; 88-91; 89-75, eff. 1-1-96; 89-338, eff.
16 1-1-96; 89-445, eff. 2-7-96; 89-626, eff. 8-9-96.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.