Public Act 096-0831
 
SB1846 Enrolled LRB096 10971 HLH 21242 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the FY2010
Budget Implementation (Revenue) Act.
 
    Section 5. Purpose. It is the purpose of this Act to make
changes in State programs that are necessary to implement the
Governor's Fiscal Year 2010 budget recommendations concerning
revenue.
 
ARTICLE 10. NATURAL RESOURCES

 
    Section 10-5. The Fish and Aquatic Life Code is amended by
changing Sections 20-45 and 20-55 as follows:
 
    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
    Sec. 20-45. License fees for residents. Fees for licenses
for residents of the State of Illinois shall be as follows:
        (a) Except as otherwise provided in this Section, for
    sport fishing devices as defined in Section 10-95 or
    spearing devices as defined in Section 10-110 the fee is
    $14.50 $12.50 for individuals 16 to 64 years old, and
    one-half of the current fishing license fee for individuals
    age 65 or older, commencing with the 1994 license year.
        (b) All residents before using any commercial fishing
    device shall obtain a commercial fishing license, the fee
    for which shall be $35. Each and every commercial device
    used shall be licensed by a resident commercial fisherman
    as follows:
            (1) For each 100 lineal yards, or fraction thereof,
        of seine the fee is $18. For each minnow seine, minnow
        trap, or net for commercial purposes the fee is $20.
            (2) For each device to fish with a 100 hook trot
        line device, basket trap, hoop net, or dip net the fee
        is $3.
            (3) When used in the waters of Lake Michigan, for
        the first 2000 lineal feet, or fraction thereof, of
        gill net the fee is $10; and for each 1000 additional
        lineal feet, or fraction thereof, the fee is $10. These
        fees shall apply to all gill nets in use in the water
        or on drying reels on the shore.
            (4) For each 100 lineal yards, or fraction thereof,
        of gill net or trammel net the fee is $18.
        (c) Residents of the State of Illinois may obtain a
    sportsmen's combination license that shall entitle the
    holder to the same non-commercial fishing privileges as
    residents holding a license as described in subsection (a)
    of this Section and to the same hunting privileges as
    residents holding a license to hunt all species as
    described in Section 3.1 of the Wildlife Code. No
    sportsmen's combination license shall be issued to any
    individual who would be ineligible for either the fishing
    or hunting license separately. The sportsmen's combination
    license fee shall be $25.50 $18.50. For residents age 65 or
    older, the fee is one-half of the fee charged for a
    sportsmen's combination license.
        (d) For 24 hours of fishing by sport fishing devices as
    defined in Section 10-95 or by spearing devices as defined
    in Section 10-110 the fee is $5. This license exempts the
    licensee from the requirement for a salmon or inland trout
    stamp. The licenses provided for by this subsection are not
    required for residents of the State of Illinois who have
    obtained the license provided for in subsection (a) of this
    Section.
        (e) All residents before using any commercial mussel
    device shall obtain a commercial mussel license, the fee
    for which shall be $50.
        (f) Residents of this State, upon establishing
    residency as required by the Department, may obtain a
    lifetime hunting or fishing license or lifetime
    sportsmen's combination license which shall entitle the
    holder to the same non-commercial fishing privileges as
    residents holding a license as described in paragraph (a)
    of this Section and to the same hunting privileges as
    residents holding a license to hunt all species as
    described in Section 3.1 of the Wildlife Code. No lifetime
    sportsmen's combination license shall be issued to or
    retained by any individual who would be ineligible for
    either the fishing or hunting license separately, either
    upon issuance, or in any year a violation would subject an
    individual to have either or both fishing or hunting
    privileges rescinded. The lifetime hunting and fishing
    license fees shall be as follows:
            (1) Lifetime fishing: 30 x the current fishing
        license fee.
            (2) Lifetime hunting: 30 x the current hunting
        license fee.
            (3) Lifetime sportsmen's combination license: 30 x
        the current sportsmen's combination license fee.
    Lifetime licenses shall not be refundable. A $10 fee shall
be charged for reissuing any lifetime license. The Department
may establish rules and regulations for the issuance and use of
lifetime licenses and may suspend or revoke any lifetime
license issued under this Section for violations of those rules
or regulations or other provisions under this Code or the
Wildlife Code. Individuals under 16 years of age who possess a
lifetime hunting or sportsmen's combination license shall have
in their possession, while in the field, a certificate of
competency as required under Section 3.2 of the Wildlife Code.
Any lifetime license issued under this Section shall not exempt
individuals from obtaining additional stamps or permits
required under the provisions of this Code or the Wildlife
Code. Individuals required to purchase additional stamps shall
sign the stamps and have them in their possession while fishing
or hunting with a lifetime license. All fees received from the
issuance of lifetime licenses shall be deposited in the Fish
and Wildlife Endowment Fund.
    Except for licenses issued under subsection (e) of this
Section, all licenses provided for in this Section shall expire
on March 31 of each year, except that the license provided for
in subsection (d) of this Section shall expire 24 hours after
the effective date and time listed on the face of the license.
    All individuals required to have and failing to have the
license provided for in subsection (a) or (d) of this Section
shall be fined according to the provisions of Section 20-35 of
this Code.
    All individuals required to have and failing to have the
licenses provided for in subsections (b) and (e) of this
Section shall be guilty of a Class B misdemeanor.
(Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743,
eff. 1-1-99.)
 
    (515 ILCS 5/20-55)  (from Ch. 56, par. 20-55)
    Sec. 20-55. License fees for non-residents. Fees for
licenses for non-residents of the State of Illinois are as
follows:
    (a) For sport fishing devices as defined by Section 10-95,
or spearing devices as defined in Section 10-110, non-residents
age 16 or older shall be charged $31 $24 for a fishing license
to fish. For sport fishing devices as defined by Section 10-95,
or spearing devices as defined in Section 10-110, for a period
not to exceed 10 consecutive days fishing in the State of
Illinois the fee is $19.50 $12.50.
    For sport fishing devices as defined in Section 10-95, or
spearing devices as defined in Section 10-110, for 24 hours of
fishing the fee is $5. This license exempts the licensee from
the salmon or inland trout stamp requirement.
    (b) All non-residents before using any commercial fishing
device shall obtain a non-resident commercial fishing license,
the fee for which shall be $150. Each and every commercial
device shall be licensed by a non-resident commercial fisherman
as follows:
        (1) For each 100 lineal yards, or fraction thereof, of
    seine (excluding minnow seines) the fee is $36.
        (2) For each device to fish with a 100 hook trot line
    device, basket trap, hoop net, or dip net the fee is $6.
        (3) For each 100 lineal yards, or fraction thereof, of
    trammel net the fee is $36.
        (4) For each 100 lineal yards, or fraction thereof, of
    gill net the fee is $36.
    All persons required to have and failing to have the
license provided for in subsection (a) of this Section shall be
fined under Section 20-35 of this Code. Each person required to
have and failing to have the licenses required under subsection
(b) of this Section shall be guilty of a Class B misdemeanor.
    All licenses provided for in this Section shall expire on
March 31 of each year; except that the 24-hour license for
sport fishing devices or spearing devices shall expire 24 hours
after the effective date and time listed on the face of the
license and licenses for sport fishing devices or spearing
devices for a period not to exceed 10 consecutive days fishing
in the State of Illinois as provided in subsection (a) of this
Section shall expire at midnight on the tenth day after issued,
not counting the day issued.
(Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743,
eff. 1-1-99.)
 
    Section 10-10. The Wildlife Code is amended by changing
Sections 1.29, 2.26, 3.2, and 3.39 as follows:
 
    (520 ILCS 5/1.29)  (from Ch. 61, par. 1.29)
    Sec. 1.29. Migratory Waterfowl Stamp Fund.
    (a) There is hereby created in the State Treasury the State
Migratory Waterfowl Stamp Fund. All fees collected from the
sale of State Migratory Waterfowl Stamps shall be deposited
into this Fund. These moneys shall be appropriated to the
Department for the following purposes:
        (1) 25% 50% of funds derived from the sale of State
    migratory waterfowl stamps and 100% of all gifts,
    donations, grants and bequests of money for the
    conservation and propagation of waterfowl, for projects
    approved by the Department for the purpose of attracting
    waterfowl and improving public migratory waterfowl areas
    within the State, and for payment of the costs of printing
    State migratory waterfowl stamps, the expenses incurred in
    acquiring State waterfowl stamp designs and the expenses of
    producing reprints. These projects may include the repair,
    maintenance and operation of public migratory waterfowl
    areas only in emergencies as determined by the State Duck
    Stamp Committee; but none of the monies spent within the
    State shall be used for administrative expenses.
        (2) 25% of funds derived from the sale of State
    migratory waterfowl stamps will be turned over by the
    Department to appropriate non-profit organizations for the
    development of waterfowl propagation areas within the
    Dominion of Canada or the United States that specifically
    provide waterfowl for the Mississippi Flyway.
        (3) 25% of funds derived from the sale of State
    migratory waterfowl stamps shall be turned over by the
    Department to appropriate non-profit organizations to be
    used for the implementation of the North American Waterfowl
    Management Plan. These funds shall be used for the
    development of waterfowl areas within the Dominion of
    Canada or the United States that specifically provide
    waterfowl for the Mississippi Flyway.
        (4) 25% of funds derived from the sale of State
    migratory waterfowl stamps shall be available for use by
    the Department for internal administrative costs of the
    Department and for the maintenance of waterfowl habitat,
    including the replacement, repair, operation, and
    maintenance of pumps and levees used for water management
    on public migratory waterfowl areas within the State.
    (b) Before turning over any funds under the provisions of
paragraphs (2) and (3) of subsection (a) the Department shall
obtain evidence that the project is acceptable to the
appropriate governmental agency of the Dominion of Canada or
the United States or of one of its Provinces or States having
jurisdiction over the lands and waters affected by the project,
and shall consult those agencies and the State Duck Stamp
Committee for approval before allocating funds.
    (c) The State Duck Stamp Committee shall consist of: (1)
The State Waterfowl Biologist, (2) The Chief of the Wildlife
Resources Division or his designee, (3) The Chief of the Land
Management Division or his designee, (4) The Chief of the
Engineering Technical Services Division or his designee, and
(5) Two or more at large representatives from statewide
waterfowl organizations appointed by the Director. The
Committee's duties shall be to review and recommend all Duck
Stamp Projects and review and recommend all expenditures from
the State Migratory Waterfowl Stamp Fund. The committee shall
give due consideration to waterfowl projects that are readily
available to holders of the State Migratory Waterfowl Stamp,
wherever they may live in Illinois.
(Source: P.A. 86-155; 87-135.)
 
    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
    Sec. 2.26. Deer hunting permits. In this Section, "bona
fide equity shareholder" means an individual who (1) purchased,
for market price, publicly sold stock shares in a corporation,
purchased shares of a privately-held corporation for a value
equal to the percentage of the appraised value of the corporate
assets represented by the ownership in the corporation, or is a
member of a closely-held family-owned corporation and has
purchased or been gifted with shares of stock in the
corporation accurately reflecting his or her percentage of
ownership and (2) intends to retain the ownership of the shares
of stock for at least 5 years.
    In this Section, "bona fide equity member" means an
individual who (1) (i) became a member upon the formation of
the limited liability company or (ii) has purchased a
distributional interest in a limited liability company for a
value equal to the percentage of the appraised value of the LLC
assets represented by the distributional interest in the LLC
and subsequently becomes a member of the company pursuant to
Article 30 of the Limited Liability Company Act and who (2)
intends to retain the membership for at least 5 years.
    In this Section, "bona fide equity partner" means an
individual who (1) (i) became a partner, either general or
limited, upon the formation of a partnership or limited
partnership, or (ii) has purchased, acquired, or been gifted a
partnership interest accurately representing his or her
percentage distributional interest in the profits, losses, and
assets of a partnership or limited partnership, (2) intends to
retain ownership of the partnership interest for at least 5
years, and (3) is a resident of Illinois.
    Any person attempting to take deer shall first obtain a
"Deer Hunting Permit" in accordance with prescribed
regulations set forth in an Administrative Rule. Deer Hunting
Permits shall be issued by the Department. The fee for a Deer
Hunting Permit to take deer with either bow and arrow or gun
shall not exceed $25.00 $15.00 for residents of the State. The
Department may by administrative rule provide for non-resident
deer hunting permits for which the fee will not exceed $300 in
2005, $350 in 2006, and $400 in 2007 and thereafter except as
provided below for non-resident landowners and non-resident
archery hunters. The Department may by administrative rule
provide for a non-resident archery deer permit consisting of
not more than 2 harvest tags at a total cost not to exceed $325
in 2005, $375 in 2006, and $425 in 2007 and thereafter. Permits
shall be issued without charge to:
        (a) Illinois landowners residing in Illinois who own at
    least 40 acres of Illinois land and wish to hunt their land
    only,
        (b) resident tenants of at least 40 acres of commercial
    agricultural land where they will hunt, and
        (c) Bona fide equity shareholders of a corporation,
    bona fide equity members of a limited liability company, or
    bona fide equity partners of a general or limited
    partnership which owns at least 40 acres of land in a
    county in Illinois who wish to hunt on the corporation's,
    company's, or partnership's land only. One permit shall be
    issued without charge to one bona fide equity shareholder,
    one bona fide equity member, or one bona fide equity
    partner for each 40 acres of land owned by the corporation,
    company, or partnership in a county; however, the number of
    permits issued without charge to bona fide equity
    shareholders of any corporation or bona fide equity members
    of a limited liability company in any county shall not
    exceed 15, and shall not exceed 3 in the case of bona fide
    equity partners of a partnership.
    Bona fide landowners or tenants who do not wish to hunt
only on the land they own, rent, or lease or bona fide equity
shareholders, bona fide equity members, or bona fide equity
partners who do not wish to hunt only on the land owned by the
corporation, limited liability company, or partnership shall
be charged the same fee as the applicant who is not a
landowner, tenant, bona fide equity shareholder, bona fide
equity member, or bona fide equity partner. Nonresidents of
Illinois who own at least 40 acres of land and wish to hunt on
their land only shall be charged a fee set by administrative
rule. The method for obtaining these permits shall be
prescribed by administrative rule.
    The deer hunting permit issued without fee shall be valid
on all farm lands which the person to whom it is issued owns,
leases or rents, except that in the case of a permit issued to
a bona fide equity shareholder, bona fide equity member, or
bona fide equity partner, the permit shall be valid on all
lands owned by the corporation, limited liability company, or
partnership in the county.
    The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
    No person may have in his possession any firearm not
authorized by administrative rule for a specific hunting season
when taking deer.
    Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of shotgun, handgun, or muzzle loading rifle.
    Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of bow and arrow.
    It shall be unlawful for any person to take deer by use of
dogs, horses, automobiles, aircraft or other vehicles, or by
the use of salt or bait of any kind. An area is considered as
baited during the presence of and for 10 consecutive days
following the removal of bait. Nothing in this Section shall
prohibit the use of a dog to track wounded deer. Any person
using a dog for tracking wounded deer must maintain physical
control of the dog at all times by means of a maximum 50 foot
lead attached to the dog's collar or harness. Tracking wounded
deer is permissible at night, but at no time outside of legal
deer hunting hours or seasons shall any person handling or
accompanying a dog being used for tracking wounded deer be in
possession of any firearm or archery device. Persons tracking
wounded deer with a dog during the firearm deer seasons shall
wear blaze orange as required. Dog handlers tracking wounded
deer with a dog are exempt from hunting license and deer permit
requirements so long as they are accompanied by the licensed
deer hunter who wounded the deer.
    It shall be unlawful to possess or transport any wild deer
which has been injured or killed in any manner upon a public
highway or public right-of-way of this State unless exempted by
administrative rule.
    Persons hunting deer must have gun unloaded and no bow and
arrow device shall be carried with the arrow in the nocked
position during hours when deer hunting is unlawful.
    It shall be unlawful for any person, having taken the legal
limit of deer by gun, to further participate with gun in any
deer hunting party.
    It shall be unlawful for any person, having taken the legal
limit of deer by bow and arrow, to further participate with bow
and arrow in any deer hunting party.
    The Department may prohibit upland game hunting during the
gun deer season by administrative rule.
    The Department shall not limit the number of non-resident
either sex archery deer hunting permits to less than 20,000.
    It shall be legal for handicapped persons, as defined in
Section 2.33, and persons age 62 or older to utilize a crossbow
device, as defined in Department rules, to take deer.
    Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
    For the purposes of calculating acreage under this Section,
the Department shall, after determining the total acreage of
the applicable tract or tracts of land, round remaining
fractional portions of an acre greater than or equal to half of
an acre up to the next whole acre.
(Source: P.A. 95-289, eff. 8-20-07; 95-329, eff. 8-21-07;
95-876, eff. 8-21-08; 96-162, eff. 1-1-10.)
 
    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
    Sec. 3.2. Hunting license; application; instruction.
Before the Department or any county, city, village, township,
incorporated town clerk or his duly designated agent or any
other person authorized or designated by the Department to
issue hunting licenses shall issue a hunting license to any
person, the person shall file his application with the
Department or other party authorized to issue licenses on a
form provided by the Department and further give definite proof
of identity and place of legal residence. Each clerk
designating agents to issue licenses and stamps shall furnish
the Department, within 10 days following the appointment, the
names and mailing addresses of the agents. Each clerk or his
duly designated agent shall be authorized to sell licenses and
stamps only within the territorial area for which he was
elected or appointed. No duly designated agent is authorized to
furnish licenses or stamps for issuance by any other business
establishment. Each application shall be executed and sworn to
and shall set forth the name and description of the applicant
and place of residence.
    No hunting license shall be issued to any person born on or
after January 1, 1980 unless he presents the person authorized
to issue the license evidence that he has held a hunting
license issued by the State of Illinois or another state in a
prior year, or a certificate of competency as provided in this
Section. Persons under 16 years of age may be issued a Lifetime
Hunting or Sportsmen's Combination License as provided under
Section 20-45 of the Fish and Aquatic Life Code but shall not
be entitled to hunt unless they have a certificate of
competency as provided in this Section and they shall have the
certificate in their possession while hunting.
    The Department of Natural Resources shall authorize
personnel of the Department or certified volunteer instructors
to conduct courses, of not less than 10 hours in length, in
firearms and hunter safety, which may include training in bow
and arrow safety, at regularly specified intervals throughout
the State. Persons successfully completing the course shall
receive a certificate of competency. The Department of Natural
Resources may further cooperate with any reputable association
or organization in establishing courses if the organization has
as one of its objectives the promotion of safety in the
handling of firearms or bow and arrow.
    The Department of Natural Resources shall designate any
person found by it to be competent to give instruction in the
handling of firearms, hunter safety, and bow and arrow. The
persons so appointed shall give the course of instruction and
upon the successful completion shall issue to the person
instructed a certificate of competency in the safe handling of
firearms, hunter safety, and bow and arrow. No charge shall be
made for any course of instruction except for materials or
ammunition consumed. The Department of Natural Resources shall
furnish information on the requirements of hunter safety
education programs to be distributed free of charge to
applicants for hunting licenses by the persons appointed and
authorized to issue licenses. Funds for the conducting of
firearms and hunter safety courses shall be taken from the fee
charged for the Firearm Owners Identification Card.
    The fee for a hunting license to hunt all species for a
resident of Illinois is $12 $7. For residents age 65 or older,
the fee is one-half of the fee charged for a hunting license to
hunt all species for a resident of Illinois. Nonresidents shall
be charged $57 $50 for a hunting license.
    Nonresidents may be issued a nonresident hunting license
for a period not to exceed 10 consecutive days' hunting in the
State and shall be charged a fee of $35 $28.
    A special nonresident hunting license authorizing a
nonresident to take game birds by hunting on a game breeding
and hunting preserve area only, established under Section 3.27,
shall be issued upon proper application being made and payment
of a fee equal to that for a resident hunting license. The
expiration date of this license shall be on the same date each
year that game breeding and hunting preserve area licenses
expire.
    Each applicant for a State Migratory Waterfowl Stamp,
regardless of his residence or other condition, shall pay a fee
of $15 $10 and shall receive a stamp. Except as provided under
Section 20-45 of the Fish and Aquatic Life Code, the stamp
shall be signed by the person or affixed to his license or
permit in a space designated by the Department for that
purpose.
    Each applicant for a State Habitat Stamp, regardless of his
residence or other condition, shall pay a fee of $5 and shall
receive a stamp. Except as provided under Section 20-45 of the
Fish and Aquatic Life Code, the stamp shall be signed by the
person or affixed to his license or permit in a space
designated by the Department for that purpose.
    Nothing in this Section shall be construed as to require
the purchase of more than one State Habitat Stamp by any person
in any one license year.
    The Department shall furnish the holders of hunting
licenses and stamps with an insignia as evidence of possession
of license, or license and stamp, as the Department may
consider advisable. The insignia shall be exhibited and used as
the Department may order.
    All other hunting licenses and all State stamps shall
expire upon March 31 of each year.
    Every person holding any license, permit, or stamp issued
under the provisions of this Act shall have it in his
possession for immediate presentation for inspection to the
officers and authorized employees of the Department, any
sheriff, deputy sheriff, or any other peace officer making a
demand for it. This provision shall not apply to Department
owned or managed sites where it is required that all hunters
deposit their license, permit, or Firearm Owner's
Identification Card at the check station upon entering the
hunting areas.
(Source: P.A. 93-554, eff. 8-20-03.)
 
    (520 ILCS 5/3.39)  (from Ch. 61, par. 3.39)
    Sec. 3.39. Residents of the State of Illinois may obtain a
Sportsmen's Combination License which shall entitle the holder
to the same non-commercial fishing privileges as residents
holding a fishing license described in subparagraph (a) of
Section 20-45 of the Fish and Aquatic Life Code, and to the
same hunting privileges as residents holding a license to hunt
all species, as described in Section 3.1 of this Act. However,
no Sportsmen's Combination License shall be issued to any
person who would be ineligible for either the fishing or
hunting license separately. The Sportsmen's Combination
License fee shall be $25.50 $18.50. For residents age 65 or
older, the fee is one-half of the fee charged for a Sportsmen's
Combination License.
(Source: P.A. 90-743, eff. 1-1-99.)
 
ARTICLE 99. EFFECTIVE DATE

 
    Section 99-99. Effective date. This Act takes effect on
January 1, 2010.