Bill Text: IL HB3274 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: Amends the Fish and Aquatic Life Code. Commencing with the 2012 license year, sets (i) the fishing license fee for resident veterans after returning from service abroad or mobilization by the President at one-half of the fishing license fee for residents and (ii) the sportsmen's combination license fee at one-half of the sportsmen's combination license fee for residents. Requires veterans to provide verification of their service. Authorizes the Department of Natural Resources to establish what constitutes suitable verification of service for the purpose of issuing these licenses to resident veterans at a reduced fee. Amends the Wildlife Code. Commencing with the 2012 license year, sets the hunting license fee for resident veterans after returning from service abroad or mobilization by the President at one-half of the hunting license fee for residents. Requires veterans to provide verification of their service. Authorizes the Department of Natural Resources to establish what constitutes suitable verification of service for the purpose of issuing hunting licenses to resident veterans at a reduced fee. Effective April 1, 2012.

Sponsorship: Moderate Partisan Bill (Republican 13-3)

Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0498 [HB3274 Detail]

Download: Illinois-2011-HB3274-Chaptered.html



Public Act 097-0498
HB3274 EnrolledLRB097 07732 CEL 47843 b
AN ACT concerning wildlife.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fish and Aquatic Life Code is amended by
changing Section 20-45 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 for individuals 16 to 64 years old, and one-half of
the current fishing license fee for individuals age 65 or
older, and, commencing with the 2012 license year, one-half
of the current fishing license fee for resident veterans of
the United States Armed Forces after returning from service
abroad or mobilization by the President of the United
States commencing with the 1994 license year. Veterans must
provide, to the Department at one of the Department's 5
regional offices, verification of their service. The
Department shall establish what constitutes suitable
verification of service for the purpose of issuing fishing
licenses to resident veterans at a reduced fee.
(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. For residents age 65 or older,
the fee is one-half of the fee charged for a sportsmen's
combination license. For resident veterans of the United
States Armed Forces after returning from service abroad or
mobilization by the President of the United States, the
fee, commencing with the 2012 license year, is one-half of
the fee charged for a sportsmen's combination license.
Veterans must provide to the Department, at one of the
Department's 5 regional offices, verification of their
service. The Department shall establish what constitutes
suitable verification of service for the purpose of issuing
sportsmen's combination licenses to resident veterans at a
reduced fee.
(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. 96-831, eff. 1-1-10.)
Section 10. The Wildlife Code is amended by changing
Section 3.2 as follows:
(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. For residents age 65 or older,
and, commencing with the 2012 license year, resident veterans
of the United States Armed Forces after returning from service
abroad or mobilization by the President of the United States,
the fee is one-half of the fee charged for a hunting license to
hunt all species for a resident of Illinois. Veterans must
provide to the Department, at one of the Department's 5
regional offices, verification of their service. The
Department shall establish what constitutes suitable
verification of service for the purpose of issuing resident
veterans hunting licenses at a reduced fee. Nonresidents shall
be charged $57 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.
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 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. 96-831, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect April 1,
2012.
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