[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB0008
LRB9100482DHpk
1 AN ACT regarding senior citizens.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Fish and Aquatic Life Code is amended by
5 changing Sections 20-5 and 20-45 as follows:
6 (515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
7 Sec. 20-5. Necessity of license; exemptions.
8 (a) Any person taking or attempting to take any fish,
9 including minnows for commercial purposes, turtles, mussels,
10 crayfish, or frogs by any means whatever in any waters or
11 lands wholly or in part within the jurisdiction of the State,
12 including that part of Lake Michigan under the jurisdiction
13 of this State, shall first obtain a license to do so, and
14 shall do so only during the respective periods of the year
15 when it shall be lawful as provided in this Code. Individuals
16 under 16, blind or disabled residents, residents age 65 or
17 older, or individuals fishing at fee fishing areas licensed
18 by the Department, however, may fish with sport fishing
19 devices without being required to have a license. For the
20 purpose of this Section an individual is blind or disabled if
21 that individual has a Class 2 disability as defined in
22 Section 4A of the Illinois Identification Card Act. For
23 purposes of this Section an Illinois Disabled Person
24 Identification Card issued under the Illinois Identification
25 Card Act indicating that the individual named on the card has
26 a Class 2 disability shall be adequate documentation of a
27 disability.
28 (b) A courtesy non-resident sport fishing license or
29 stamp may be issued at the discretion of the Director,
30 without fee, to (i) any individual officially employed in the
31 wildlife and fish or conservation department of another state
-2- LRB9100482DHpk
1 or of the United States who is within the State to assist or
2 consult or cooperate with the Director or (ii) the officials
3 of other states, the United States, foreign countries, or
4 officers or representatives of conservation organizations or
5 publications while in the State as guests of the Governor or
6 Director.
7 (c) The Director may issue special fishing permits
8 without cost to groups of hospital patients or handicapped
9 individuals for use on specified dates in connection with
10 supervised fishing for therapy.
11 (d) Veterans who, according to the determination of the
12 Veterans' Administration as certified by the Department of
13 Veterans' Affairs, are at least 10% disabled with
14 service-related disabilities or in receipt of total
15 disability pensions may fish with sport fishing devices
16 during those periods of the year it is lawful to do so
17 without being required to have a license, on the condition
18 that their respective disabilities do not prevent them from
19 fishing in a manner which is safe to themselves and others.
20 (e) Each year the Director may designate a period, not
21 to exceed 4 days in duration, when sport fishermen may fish
22 waters wholly or in part within the jurisdiction of the
23 State, including that part of Lake Michigan under the
24 jurisdiction of the State, and not be required to obtain the
25 license or stamp required by subsection (a) of this Section,
26 Section 20-10 or subsection (a) of Section 20-55. The term of
27 any such period shall be established by administrative rule.
28 This subsection shall not apply to commercial fishing.
29 (f) The Director may issue special fishing permits
30 without cost for a group event, restricted to specific dates
31 and locations if it is determined by the Department that the
32 event is beneficial in promoting sport fishing in Illinois.
33 (Source: P.A. 89-66, eff. 1-1-96; 90-743, eff. 1-1-99.)
-3- LRB9100482DHpk
1 (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
2 Sec. 20-45. License fees for residents. Fees for
3 licenses for residents of the State of Illinois shall be as
4 follows:
5 (a) Except as otherwise provided in this Section,
6 for sport fishing devices as defined in Section 10-95 or
7 spearing devices as defined in Section 10-110 the fee is
8 $12.50 for individuals 16 to 64 years old, and one-half
9 of the current fishing license fee for individuals age 65
10 or older, commencing with the 1994 license year.
11 (b) All residents before using any commercial
12 fishing device shall obtain a commercial fishing license,
13 the fee for which shall be $35. Each and every commercial
14 device used shall be licensed by a resident commercial
15 fisherman as follows:
16 (1) For each 100 lineal yards, or fraction
17 thereof, of seine the fee is $18. For each minnow
18 seine, minnow trap, or net for commercial purposes
19 the fee is $20.
20 (2) For each device to fish with a 100 hook
21 trot line device, basket trap, hoop net, or dip net
22 the fee is $3.
23 (3) When used in the waters of Lake Michigan,
24 for the first 2000 lineal feet, or fraction thereof,
25 of gill net the fee is $10; and for each 1000
26 additional lineal feet, or fraction thereof, the fee
27 is $10. These fees shall apply to all gill nets in
28 use in the water or on drying reels on the shore.
29 (4) For each 100 lineal yards, or fraction
30 thereof, of gill net or trammel net the fee is $18.
31 (c) Residents of the State of Illinois may obtain a
32 sportsmen's combination license that shall entitle the
33 holder to the same non-commercial fishing privileges as
34 residents holding a license as described in subsection
-4- LRB9100482DHpk
1 (a) of this Section and to the same hunting privileges as
2 residents holding a license to hunt all species as
3 described in Section 3.1 of the Wildlife Code. No
4 sportsmen's combination license shall be issued to any
5 individual who would be ineligible for either the fishing
6 or hunting license separately. The sportsmen's
7 combination license fee shall be $18.50. For residents
8 age 65 or older, the fee is one-half of the fee charged
9 for a sportsmen's combination license.
10 (d) For 24 hours of fishing by sport fishing
11 devices as defined in Section 10-95 or by spearing
12 devices as defined in Section 10-110 the fee is $5. This
13 license exempts the licensee from the requirement for a
14 salmon or inland trout stamp. The licenses provided for
15 by this subsection are not required for residents of the
16 State of Illinois who have obtained the license provided
17 for in subsection (a) of this Section.
18 (e) All residents before using any commercial
19 mussel device shall obtain a commercial mussel license,
20 the fee for which shall be $50.
21 (f) Residents of this State, upon establishing
22 residency as required by the Department, may obtain a
23 lifetime hunting or fishing license or lifetime
24 sportsmen's combination license which shall entitle the
25 holder to the same non-commercial fishing privileges as
26 residents holding a license as described in paragraph (a)
27 of this Section and to the same hunting privileges as
28 residents holding a license to hunt all species as
29 described in Section 3.1 of the Wildlife Code. No
30 lifetime sportsmen's combination license shall be issued
31 to or retained by any individual who would be ineligible
32 for either the fishing or hunting license separately,
33 either upon issuance, or in any year a violation would
34 subject an individual to have either or both fishing or
-5- LRB9100482DHpk
1 hunting privileges rescinded. The lifetime hunting and
2 fishing license fees shall be as follows:
3 (1) Lifetime fishing: 30 x the current
4 fishing license fee.
5 (2) Lifetime hunting: 30 x the current
6 hunting license fee.
7 (3) Lifetime sportsmen's combination license:
8 30 x the current sportsmen's combination license
9 fee.
10 Lifetime licenses shall not be refundable. A $10 fee
11 shall be charged for reissuing any lifetime license. The
12 Department may establish rules and regulations for the
13 issuance and use of lifetime licenses and may suspend or
14 revoke any lifetime license issued under this Section for
15 violations of those rules or regulations or other provisions
16 under this Code or the Wildlife Code. Individuals under 16
17 years of age who possess a lifetime hunting or sportsmen's
18 combination license shall have in their possession, while in
19 the field, a certificate of competency as required under
20 Section 3.2 of the Wildlife Code. Any lifetime license
21 issued under this Section shall not exempt individuals from
22 obtaining additional stamps or permits required under the
23 provisions of this Code or the Wildlife Code. Individuals
24 required to purchase additional stamps shall sign the stamps
25 and have them in their possession while fishing or hunting
26 with a lifetime license. All fees received from the issuance
27 of lifetime licenses shall be deposited in the Fish and
28 Wildlife Endowment Fund.
29 Except for licenses issued under subsection (e) of this
30 Section, all licenses provided for in this Section shall
31 expire on March 31 of each year, except that the license
32 provided for in subsection (d) of this Section shall expire
33 24 hours after the effective date and time listed on the face
34 of the license.
-6- LRB9100482DHpk
1 All individuals required to have and failing to have the
2 license provided for in subsection (a) or (d) of this Section
3 shall be fined according to the provisions of Section 20-35
4 of this Code.
5 All individuals required to have and failing to have the
6 licenses provided for in subsections (b) and (e) of this
7 Section shall be guilty of a Class B misdemeanor.
8 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97;
9 90-743, eff. 1-1-99.)
10 Section 10. The Wildlife Code is amended by changing
11 Sections 3.1 and 3.2 as follows:
12 (520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
13 Sec. 3.1. License and stamps required; exemptions.
14 (a) Before any person shall take or attempt to take any
15 of the species protected by Section 2.2 for which an open
16 season is established under this Act, he shall first have
17 procured and possess a valid hunting license.
18 Before any person 16 years of age or older shall take or
19 attempt to take any bird of the species defined as migratory
20 waterfowl by Section 2.2, including coots, he shall first
21 have procured a State Migratory Waterfowl Stamp.
22 Before any person 16 years of age or older takes,
23 attempts to take, or pursues any species of wildlife
24 protected by this Code, except migratory waterfowl, coots,
25 and hand-reared birds on licensed game breeding and hunting
26 preserve areas and state controlled pheasant hunting areas,
27 he or she shall first obtain a State Habitat Stamp. Disabled
28 veterans and former prisoners of war shall not be required to
29 obtain State Habitat Stamps. Any person who obtained a
30 lifetime license before January 1, 1993, shall not be
31 required to obtain State Habitat Stamps. Income from the sale
32 of State Furbearer Stamps and State Pheasant Stamps received
-7- LRB9100482DHpk
1 after the effective date of this amendatory Act of 1992 shall
2 be deposited into the State Furbearer Fund and State Pheasant
3 Fund, respectively.
4 Before any person 16 years of age or older shall take,
5 attempt to take, or sell the green hide of any mammal of the
6 species defined as fur-bearing mammals by Section 2.2 for
7 which an open season is established under this Act, he shall
8 first have procured a State Habitat Stamp.
9 (b) Before any person who is a non-resident of the State
10 of Illinois shall take or attempt to take any of the species
11 protected by Section 2.2, except white-tailed deer or wild
12 turkey, for which an open season is established under this
13 Act, he shall, unless specifically exempted by law, first
14 procure a non-resident license as provided by this Act for
15 the taking of any wild game.
16 Before a nonresident shall take or attempt to take
17 white-tailed deer, he shall first have procured a Deer
18 Hunting Permit as defined in Section 2.26 of this Code.
19 Before a nonresident shall take or attempt to take wild
20 turkeys, he shall have procured a Wild Turkey Hunting Permit
21 as defined in Section 2.11 of this Code.
22 (c) The owners residing on, or bona fide tenants of,
23 farm lands and their children, parents, brothers, and sisters
24 actually permanently residing on their lands shall have the
25 right to hunt any of the species protected by Section 2.2
26 upon their lands and waters without procuring hunting
27 licenses; but the hunting shall be done only during periods
28 of time and with devices and by methods as are permitted by
29 this Act. Any person on active duty with the Armed Forces of
30 the United States who is now and who was at the time of
31 entering the Armed Forces a resident of Illinois and who
32 entered the Armed Forces from this State, and who is
33 presently on ordinary leave from the Armed Forces, and any
34 resident of Illinois who is disabled or at least 65 years of
-8- LRB9100482DHpk
1 age may hunt any of the species protected by Section 2.2
2 without procuring a hunting license, but the hunting shall be
3 done only during such periods of time and with devices and by
4 methods as are permitted by this Act. For the purpose of
5 this Section a person is disabled when that person has a Type
6 1 or Type 4, Class 2 disability as defined in Section 4A of
7 the Illinois Identification Card Act. For purposes of this
8 Section, an Illinois Disabled Person Identification Card
9 issued pursuant to the Illinois Identification Card Act
10 indicating that the person named has a Type 1 or Type 4,
11 Class 2 disability shall be adequate documentation of the
12 disability.
13 (d) A courtesy non-resident license, permit, or stamp
14 for taking game may be issued at the discretion of the
15 Director, without fee, to any person officially employed in
16 the game and fish or conservation department of another state
17 or of the United States who is within the State to assist or
18 consult or cooperate with the Director; or to the officials
19 of other states, the United States, foreign countries, or
20 officers or representatives of conservation organizations or
21 publications while in the State as guests of the Governor or
22 Director. The Director may provide to nonresident
23 participants and official gunners at field trials an
24 exemption from licensure while participating in a field
25 trial.
26 (e) State Migratory Waterfowl Stamps shall be required
27 for those persons qualifying under subsections (c) and (d)
28 who intend to hunt migratory waterfowl, including coots, to
29 the extent that hunting licenses of the various types are
30 authorized and required by this Section for those persons.
31 (f) Registration in the U.S. Fish and Wildlife Migratory
32 Bird Harvest Information Program shall be required for those
33 persons who are required to have a hunting license before
34 taking or attempting to take any bird of the species defined
-9- LRB9100482DHpk
1 as migratory game birds by Section 2.2, except that this
2 subsection shall not apply to crows in this State or
3 hand-reared birds on licensed game breeding and hunting
4 preserve areas, for which an open season is established by
5 this Act. Persons registering with the Program must carry
6 proof of registration with them while migratory bird hunting.
7 The Department shall publish suitable prescribed
8 regulations pertaining to registration by the migratory bird
9 hunter in the U.S. Fish and Wildlife Service Migratory Bird
10 Harvest Information Program.
11 (Source: P.A. 89-341, eff. 8-17-95; 90-743, eff. 1-1-99.)
12 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
13 Sec. 3.2. Hunting license; application; instruction.
14 Before the Department or any county, city, village, township,
15 incorporated town clerk or his duly designated agent or any
16 other person authorized or designated by the Department to
17 issue hunting licenses shall issue a hunting license to any
18 person, the person shall file his application with the
19 Department or other party authorized to issue licenses on a
20 form provided by the Department and further give definite
21 proof of identity and place of legal residence. Each clerk
22 designating agents to issue licenses and stamps shall furnish
23 the Department, within 10 days following the appointment, the
24 names and mailing addresses of the agents. Each clerk or his
25 duly designated agent shall be authorized to sell licenses
26 and stamps only within the territorial area for which he was
27 elected or appointed. No duly designated agent is authorized
28 to furnish licenses or stamps for issuance by any other
29 business establishment. Each application shall be executed
30 and sworn to and shall set forth the name and description of
31 the applicant and place of residence.
32 No hunting license shall be issued to any person born on
33 or after January 1, 1980 unless he presents the person
-10- LRB9100482DHpk
1 authorized to issue the license evidence that he has held a
2 hunting license issued by the State of Illinois or another
3 state in a prior year, or a certificate of competency as
4 provided in this Section. Persons under 16 years of age may
5 be issued a Lifetime Hunting or Sportsmen's Combination
6 License as provided under Section 20-45 of the Fish and
7 Aquatic Life Code but shall not be entitled to hunt unless
8 they have a certificate of competency as provided in this
9 Section and they shall have the certificate in their
10 possession while hunting.
11 The Department of Natural Resources shall authorize
12 personnel of the Department or certified volunteer
13 instructors to conduct courses, of not less than 10 hours in
14 length, in firearms and hunter safety, which may include
15 training in bow and arrow safety, at regularly specified
16 intervals throughout the State. Persons successfully
17 completing the course shall receive a certificate of
18 competency. The Department of Natural Resources may further
19 cooperate with any reputable association or organization in
20 establishing courses if the organization has as one of its
21 objectives the promotion of safety in the handling of
22 firearms or bow and arrow.
23 The Department of Natural Resources shall designate any
24 person found by it to be competent to give instruction in
25 the handling of firearms, hunter safety, and bow and arrow.
26 The persons so appointed shall give the course of instruction
27 and upon the successful completion shall issue to the person
28 instructed a certificate of competency in the safe handling
29 of firearms, hunter safety, and bow and arrow. No charge
30 shall be made for any course of instruction except for
31 materials or ammunition consumed. The Department of Natural
32 Resources shall furnish information on the requirements of
33 hunter safety education programs to be distributed free of
34 charge to applicants for hunting licenses by the persons
-11- LRB9100482DHpk
1 appointed and authorized to issue licenses. Funds for the
2 conducting of firearms and hunter safety courses shall be
3 taken from the fee charged for the Firearm Owners
4 Identification Card.
5 The fee for a hunting license to hunt all species for a
6 resident of Illinois is $7. For residents age 65 or older,
7 the fee is one-half of the fee charged for a hunting license
8 to hunt all species for a resident of Illinois. Nonresidents
9 shall be charged $50 for a hunting license.
10 Nonresidents may be issued a nonresident hunting license
11 for a period not to exceed 10 consecutive days' hunting in
12 the State and shall be charged a fee of $28.
13 A special nonresident hunting license authorizing a
14 nonresident to take game birds by hunting on a game breeding
15 and hunting preserve area only, established under Section
16 3.27, shall be issued upon proper application being made and
17 payment of a fee equal to that for a resident hunting
18 license. The expiration date of this license shall be March
19 31 of each year.
20 Each applicant for a State Migratory Waterfowl Stamp,
21 regardless of his residence or other condition, shall pay a
22 fee of $10 and shall receive a stamp. Except as provided
23 under Section 20-45 of the Fish and Aquatic Life Code, the
24 stamp shall be signed by the person or affixed to his license
25 or permit in a space designated by the Department for that
26 purpose.
27 Each applicant for a State Habitat Stamp, regardless of
28 his residence or other condition, shall pay a fee of $5 and
29 shall receive a stamp. Except as provided under Section 20-45
30 of the Fish and Aquatic Life Code, the stamp shall be signed
31 by the person or affixed to his license or permit in a space
32 designated by the Department for that purpose.
33 Nothing in this Section shall be construed as to require
34 the purchase of more than one State Habitat Stamp by any
-12- LRB9100482DHpk
1 person in any one license year.
2 The Department shall furnish the holders of hunting
3 licenses and stamps with an insignia as evidence of
4 possession of license, or license and stamp, as the
5 Department may consider advisable. The insignia shall be
6 exhibited and used as the Department may order.
7 All other hunting licenses and all State stamps shall
8 expire upon March 31 of each year.
9 Every person holding any license, permit, or stamp issued
10 under the provisions of this Act shall have it in his
11 possession for immediate presentation for inspection to the
12 officers and authorized employees of the Department, any
13 sheriff, deputy sheriff, or any other peace officer making a
14 demand for it. This provision shall not apply to Department
15 owned or managed sites where it is required that all hunters
16 deposit their license, permit, or Firearm Owner's
17 Identification Card at the check station upon entering the
18 hunting areas.
19 (Source: P.A. 89-75, eff. 1-1-96; 89-338, eff. 1-1-96;
20 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 90-225, eff.
21 7-25-97.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.