Rep. Jack D. Franks

Filed: 3/24/2014

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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 who are enrolled in
9 the Benefit Access Program with the Department on Aging.
10 (b) All residents before using any commercial fishing
11 device shall obtain a commercial fishing license, the fee
12 for which shall be $60 and a resident fishing license, the
13 fee for which is $14.50. Each and every commercial device
14 used shall be licensed by a resident commercial fisherman
15 as follows:
16 (1) For each 100 lineal yards, or fraction thereof,
17 of seine the fee is $18. For each minnow seine, minnow
18 trap, or net for commercial purposes the fee is $20.
19 (2) For each device to fish with a 100 hook trot
20 line device, basket trap, hoop net, or dip net the fee
21 is $3.
22 (3) When used in the waters of Lake Michigan, for
23 the first 2000 lineal feet, or fraction thereof, of
24 gill net the fee is $10; and for each 1000 additional
25 lineal feet, or fraction thereof, the fee is $10. These
26 fees shall apply to all gill nets in use in the water

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

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

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

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1Section, all licenses provided for in this Section shall expire
2on March 31 of each year, except that the license provided for
3in subsection (d) of this Section shall expire 24 hours after
4the effective date and time listed on the face of the license.
5 All individuals required to have and failing to have the
6license provided for in subsection (a) or (d) of this Section
7shall be fined according to the provisions of Section 20-35 of
8this Code.
9 All individuals required to have and failing to have the
10licenses provided for in subsections (b) and (e) of this
11Section shall be guilty of a Class B misdemeanor.
12(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12;
1397-1136, eff. 1-1-13.)
14 (515 ILCS 5/20-50) (from Ch. 56, par. 20-50)
15 Sec. 20-50. Salmon stamp fee. The fee for a salmon stamp
16shall be $6 for both resident and non-resident licensees. The
17fee for a salmon stamp shall be waived for residents over 75
18years of age who are enrolled in the Benefit Access Program
19with the Department on Aging. Every person shall sign the
20salmon stamp or affix the salmon stamp to his or her license.
21These stamps shall expire on March 31 of each year. All
22individuals required to have and failing to have a salmon stamp
23as provided in Section 20-10 of this Code shall be guilty of a
24petty offense.
25(Source: P.A. 87-833; 88-91.)

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1 (515 ILCS 5/20-51)
2 Sec. 20-51. Inland trout stamp. The fee for an inland trout
3stamp shall be $6 for both resident and nonresident licensees.
4The fee for an inland trout stamp shall be waived for residents
5over 75 years of age who are enrolled in the Benefit Access
6Program with the Department on Aging. These stamps shall expire
7on March 31 of each year. All individuals required to have and
8who fail to have an inland trout stamp, as provided in Section
920-11 of this Code, shall be guilty of a petty offense.
10(Source: P.A. 88-91.)
11 Section 10. The Wildlife Code is amended by changing
12Section 3.2 as follows:
13 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
14 Sec. 3.2. Hunting license; application; instruction.
15Before the Department or any county, city, village, township,
16incorporated town clerk or his duly designated agent or any
17other person authorized or designated by the Department to
18issue hunting licenses shall issue a hunting license to any
19person, the person shall file his application with the
20Department or other party authorized to issue licenses on a
21form provided by the Department and further give definite proof
22of identity and place of legal residence. Each clerk
23designating agents to issue licenses and stamps shall furnish

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

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

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1hunt all species for a resident of Illinois. Veterans must
2provide to the Department, at one of the Department's 5
3regional offices, verification of their service. The
4Department shall establish what constitutes suitable
5verification of service for the purpose of issuing resident
6veterans hunting licenses at a reduced fee. The fee for a
7hunting license to hunt all species shall be $1 for residents
8over 75 years of age who are enrolled in the Benefit Access
9Program with the Department on Aging. Nonresidents shall be
10charged $57 for a hunting license.
11 Nonresidents may be issued a nonresident hunting license
12for a period not to exceed 10 consecutive days' hunting in the
13State and shall be charged a fee of $35.
14 A special nonresident hunting license authorizing a
15nonresident to take game birds by hunting on a game breeding
16and hunting preserve area only, established under Section 3.27,
17shall be issued upon proper application being made and payment
18of a fee equal to that for a resident hunting license. The
19expiration date of this license shall be on the same date each
20year that game breeding and hunting preserve area licenses
21expire.
22 Each applicant for a State Migratory Waterfowl Stamp,
23regardless of his residence or other condition, shall pay a fee
24of $15 and shall receive a stamp. The fee for a State Migratory
25Waterfowl Stamp shall be waived for residents over 75 years of
26age who are enrolled in the Benefit Access Program with the

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1Department on Aging. Except as provided under Section 20-45 of
2the Fish and Aquatic Life Code, the stamp shall be signed by
3the person or affixed to his license or permit in a space
4designated by the Department for that purpose.
5 Each applicant for a State Habitat Stamp, regardless of his
6residence or other condition, shall pay a fee of $5 and shall
7receive a stamp. The fee for a State Habitat Stamp shall be
8waived for residents over 75 years of age who are enrolled in
9the Benefit Access Program with the Department on Aging. Except
10as provided under Section 20-45 of the Fish and Aquatic Life
11Code, the stamp shall be signed by the person or affixed to his
12license or permit in a space designated by the Department for
13that purpose.
14 Nothing in this Section shall be construed as to require
15the purchase of more than one State Habitat Stamp by any person
16in any one license year.
17 The fees for State Pheasant Stamps and State Furbearer
18Stamps shall be waived for residents over 75 years of age who
19are enrolled in the Benefit Access Program with the Department
20on Aging.
21 The Department shall furnish the holders of hunting
22licenses and stamps with an insignia as evidence of possession
23of license, or license and stamp, as the Department may
24consider advisable. The insignia shall be exhibited and used as
25the Department may order.
26 All other hunting licenses and all State stamps shall

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1expire upon March 31 of each year.
2 Every person holding any license, permit, or stamp issued
3under the provisions of this Act shall have it in his
4possession for immediate presentation for inspection to the
5officers and authorized employees of the Department, any
6sheriff, deputy sheriff, or any other peace officer making a
7demand for it. This provision shall not apply to Department
8owned or managed sites where it is required that all hunters
9deposit their license, permit, or Firearm Owner's
10Identification Card at the check station upon entering the
11hunting areas.
12(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
13 Section 99. Effective date. This Act takes effect upon
14becoming law.".