101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5088

 

Introduced 2/18/2020, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
515 ILCS 5/1-230  from Ch. 56, par. 1-230
515 ILCS 5/20-5  from Ch. 56, par. 20-5
515 ILCS 5/20-12 new
515 ILCS 5/20-20  from Ch. 56, par. 20-20
515 ILCS 5/20-45  from Ch. 56, par. 20-45
515 ILCS 5/20-52 new
515 ILCS 5/20-55  from Ch. 56, par. 20-55
515 ILCS 5/20-110  from Ch. 56, par. 20-110
515 ILCS 5/20-115  from Ch. 56, par. 20-115

    Amends the Fish and Aquatic Life Code. Allows the holder of a scientific collector's permit to fish with sport fishing devices without a license. Requires any individual who is required to obtain a license to also obtain an aquatic conservation stamp prior to taking or attempting to take any fish, including minnows for commercial purposes, turtles, mussels, crayfish, or frogs from waters of this State. Provides that the fee for the aquatic conservation stamp is $5 for both resident and non-resident licensees; waives the fee for residents over 75 years of age. Makes other conforming changes. Requires that fees derived solely from the sale of aquatic conservation stamps, gifts, donations, grants, and bequests of money for the conservation of aquatic life shall be deposited to the State Treasury and set apart in a special fund known as the Aquatic Conservation Stamp Fund. Sets forth further requirements regarding appropriations from Aquatic Conservation Stamp Fund. Effective January 1, 2021.


LRB101 19251 CMG 68715 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5088LRB101 19251 CMG 68715 b

1    AN ACT concerning fish.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fish and Aquatic Life Code is amended by
5changing Sections 1-230 20-5, 20-20, 20-45, 20-55, 20-110, and
620-115, and by adding Sections 20-12 and 20-52 as follows:
 
7    (515 ILCS 5/1-230)  (from Ch. 56, par. 1-230)
8    Sec. 1-230. Wildlife and Fish Fund; disposition of money
9received. All fees, fines, income of whatever kind or nature
10derived from hunting and fishing activities on lands, waters,
11or both under the jurisdiction or control of the Department,
12and all penalties collected under this Code shall be deposited
13into the State Treasury and shall be set apart in a special
14fund to be known as the Wildlife and Fish Fund; except that
15fees derived solely from the sale of salmon stamps, income from
16art contests for the salmon stamp, including income from the
17sale of reprints, and gifts, donations, grants, and bequests of
18money for the conservation and propagation of salmon shall be
19deposited into the State Treasury and set apart in the special
20fund to be known as the Salmon Fund; and except that fees
21derived solely from the sale of state migratory waterfowl
22stamps, and gifts, donations, grants and bequests of money for
23the conservation and propagation of waterfowl, shall be

 

 

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1deposited into the State Treasury and set apart in the special
2fund to be known as the State Migratory Waterfowl Stamp Fund;
3and except that fees derived solely from the sale of aquatic
4conservation stamps, and gifts, donations, grants, and
5bequests of money for the conservation of aquatic life,
6including, but not limited to, combating aquatic nuisance
7species, shall be deposited into the State treasury and set
8apart in the special fund to be known as the Aquatic
9Conservation Stamp Fund. All interest that accrues from moneys
10in the Wildlife and Fish Fund, the Salmon Fund, and the State
11Migratory Waterfowl Stamp Fund shall be retained in those funds
12respectively. Except for the additional moneys deposited under
13Section 805-550 of the Department of Natural Resources
14(Conservation) Law of the Civil Administrative Code of
15Illinois, appropriations from the Wildlife and Fish Fund shall
16be made only to the Department for the carrying out of the
17powers and functions vested by law in the Department for the
18administration and management of fish and wildlife resources of
19this State for such activities as (i) the purchase of land for
20fish hatcheries, wildlife refuges, preserves, and public
21shooting and fishing grounds; (ii) the purchase and
22distribution of wild birds, the eggs of wild birds, and wild
23mammals; (iii) the rescuing, restoring and distributing of
24fish; (iv) the maintenance of wildlife refuges or preserves,
25public shooting grounds, public fishing grounds, and fish
26hatcheries; and (v) the feeding and care of wild birds, wild

 

 

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1mammals, and fish. Appropriations from the Salmon Fund shall be
2made only to the Department to be used solely for the
3conservation and propagation of salmon, including
4construction, operation, and maintenance of a cold water
5hatchery, and for payment of the costs of printing salmon
6stamps, the expenses incurred in acquiring salmon stamp
7designs, and the expenses of producing reprints.
8Appropriations from the Aquatic Conservation Stamp Fund shall
9be made only to the Division of Fisheries of the Department to
10be used solely for the conservation of aquatic life, including,
11but not limited to, combating aquatic nuisance species, for the
12payment of the costs of printing aquatic conservation stamps,
13for the expenses incurred in acquiring aquatic conservation
14stamp designs, and for the expenses of producing reprints.
15(Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11;
1696-1518, eff. 2-4-11.)
 
17    (515 ILCS 5/20-5)  (from Ch. 56, par. 20-5)
18    Sec. 20-5. Necessity of license; exemptions.
19    (a) Any person taking or attempting to take any fish,
20including minnows for commercial purposes, turtles, mussels,
21crayfish, or frogs by any means whatever in any waters or lands
22wholly or in part within the jurisdiction of the State,
23including that part of Lake Michigan under the jurisdiction of
24this State, shall first obtain a license to do so, and shall do
25so only during the respective periods of the year when it shall

 

 

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1be lawful as provided in this Code. Individuals under 16, blind
2residents or residents with a disability, individuals holding a
3scientific collector's permit under this Code, or individuals
4fishing at fee fishing areas licensed by the Department,
5however, may fish with sport fishing devices without being
6required to have a license. For the purpose of this Section an
7individual is blind or has a disability if that individual has
8a Class 2 disability as defined in Section 4A of the Illinois
9Identification Card Act. For purposes of this Section an
10Illinois Person with a Disability Identification Card issued
11under the Illinois Identification Card Act indicating that the
12individual named on the card has a Class 2 disability shall be
13adequate documentation of a disability.
14    (b) A courtesy non-resident sport fishing license or stamp
15may be issued at the discretion of the Director, without fee,
16to (i) any individual officially employed in the wildlife and
17fish or conservation department of another state or of the
18United States who is within the State to assist or consult or
19cooperate with the Director or (ii) the officials of other
20states, the United States, foreign countries, or officers or
21representatives of conservation organizations or publications
22while in the State as guests of the Governor or Director.
23    (c) The Director may issue special fishing permits without
24cost to groups of hospital patients or to individuals with
25disabilities for use on specified dates in connection with
26supervised fishing for therapy.

 

 

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1    (d) Veterans who, according to the determination of the
2Veterans' Administration as certified by the Department of
3Veterans' Affairs, are at least 10% disabled with
4service-related disabilities or in receipt of total disability
5pensions may fish with sport fishing devices during those
6periods of the year it is lawful to do so without being
7required to have a license, on the condition that their
8respective disabilities do not prevent them from fishing in a
9manner which is safe to themselves and others.
10    (e) Each year the Director may designate a period, not to
11exceed 4 days in duration, when sport fishermen may fish waters
12wholly or in part within the jurisdiction of the State,
13including that part of Lake Michigan under the jurisdiction of
14the State, and not be required to obtain the license or stamps
15stamp required by subsection (a) of this Section, Section
1620-10, Section 20-11, or Section 20-12 or subsection (a) of
17Section 20-55. The term of any such period shall be established
18by administrative rule. This subsection shall not apply to
19commercial fishing.
20    (f) The Director may issue special fishing permits without
21cost for a group event, restricted to specific dates and
22locations if it is determined by the Department that the event
23is beneficial in promoting sport fishing in Illinois.
24(Source: P.A. 99-143, eff. 7-27-15.)
 
25    (515 ILCS 5/20-12 new)

 

 

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1    Sec. 20-12. Aquatic Conservation Stamp.
2    (a) Any individual taking or attempting to take any fish,
3including minnows for commercial purposes, turtles, mussels,
4crayfish, or frogs by any means whatever in any waters of the
5State, in addition to any other license required by this Code,
6must first obtain an aquatic conservation stamp authorized by
7the Department. Individuals not required to obtain a license
8are not required to obtain an aquatic conservation stamp.
9    (b) The aquatic conservation stamp does not exempt the
10licensee from any salmon or inland trout stamp requirement.
11    (c) An aquatic conservation stamp may be issued at the
12discretion of the Director without fee.
 
13    (515 ILCS 5/20-20)  (from Ch. 56, par. 20-20)
14    Sec. 20-20. Non-resident licenses. Any individuals 16
15years of age or older not residents of the State of Illinois
16shall, before taking or attempting to take any fish, including
17minnows for commercial purposes, turtles, mussels, crayfish,
18or frogs aquatic life protected by this Code by any means
19whatever in the State of Illinois, obtain a non-resident
20license to do so. Any individual required to obtain a license
21under this Section shall also obtain an aquatic conservation
22stamp prior to any take or attempted take. In addition, before
23taking or attempting to take salmon from Lake Michigan, a
24non-resident 16 years of age or older shall obtain a salmon
25stamp authorized by the Department, and before taking or

 

 

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1attempting to take trout from all waters except Lake Michigan,
2a non-resident 16 years of age or older shall obtain an inland
3trout stamp authorized by the Department.
4(Source: P.A. 87-833; 88-91.)
 
5    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
6    Sec. 20-45. License fees for residents. Fees for licenses
7for residents of the State of Illinois shall be as follows:
8        (a) Except as otherwise provided in this Section, for
9    sport fishing devices as defined in Section 10-95 or
10    spearing devices as defined in Section 10-110, the fee is
11    $14.50 for individuals 16 to 64 years old, one-half of the
12    current fishing license fee for individuals age 65 or
13    older, and, commencing with the 2012 license year, one-half
14    of the current fishing license fee for resident veterans of
15    the United States Armed Forces after returning from service
16    abroad or mobilization by the President of the United
17    States. Veterans must provide, to the Department at one of
18    the Department's 5 regional offices, verification of their
19    service. The Department shall establish what constitutes
20    suitable verification of service for the purpose of issuing
21    fishing licenses to resident veterans at a reduced fee.
22        (a-5) The fee for all sport fishing licenses shall be
23    $1 for residents over 75 years of age.
24        (b) All residents before using any commercial fishing
25    device shall obtain a commercial fishing license, the fee

 

 

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1    for which shall be $60 and a resident fishing license, the
2    fee for which is $14.50. Each and every commercial device
3    used shall be licensed by a resident commercial fisherman
4    as follows:
5            (1) For each 100 lineal yards, or fraction thereof,
6        of seine the fee is $18. For each minnow seine, minnow
7        trap, or net for commercial purposes the fee is $20.
8            (2) For each device to fish with a 100 hook trot
9        line device, basket trap, hoop net, or dip net the fee
10        is $3.
11            (3) When used in the waters of Lake Michigan, for
12        the first 2000 lineal feet, or fraction thereof, of
13        gill net the fee is $10; and for each 1000 additional
14        lineal feet, or fraction thereof, the fee is $10. These
15        fees shall apply to all gill nets in use in the water
16        or on drying reels on the shore.
17            (4) For each 100 lineal yards, or fraction thereof,
18        of gill net or trammel net the fee is $18.
19        (c) Residents of the State of Illinois may obtain a
20    sportsmen's combination license that shall entitle the
21    holder to the same non-commercial fishing privileges as
22    residents holding a license as described in subsection (a)
23    of this Section and to the same hunting privileges as
24    residents holding a license to hunt all species as
25    described in Section 3.1 of the Wildlife Code. No
26    sportsmen's combination license shall be issued to any

 

 

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1    individual who would be ineligible for either the fishing
2    or hunting license separately. The sportsmen's combination
3    license fee shall be $25.50. For residents age 65 or older,
4    the fee is one-half of the fee charged for a sportsmen's
5    combination license. For resident veterans of the United
6    States Armed Forces after returning from service abroad or
7    mobilization by the President of the United States, the
8    fee, commencing with the 2012 license year, is one-half of
9    the fee charged for a sportsmen's combination license.
10    Veterans must provide to the Department, at one of the
11    Department's 5 regional offices, verification of their
12    service. The Department shall establish what constitutes
13    suitable verification of service for the purpose of issuing
14    sportsmen's combination licenses to resident veterans at a
15    reduced fee.
16        (d) For 24 hours of fishing by sport fishing devices as
17    defined in Section 10-95 or by spearing devices as defined
18    in Section 10-110 the fee is $5. This license does not
19    exempt the licensee from the requirement for a salmon, or
20    inland trout, or aquatic conservation stamp. The licenses
21    provided for by this subsection are not required for
22    residents of the State of Illinois who have obtained the
23    license provided for in subsection (a) of this Section.
24        (e) All residents before using any commercial mussel
25    device shall obtain a commercial mussel license, the fee
26    for which shall be $50.

 

 

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1        (f) Residents of this State, upon establishing
2    residency as required by the Department, may obtain a
3    lifetime hunting or fishing license or lifetime
4    sportsmen's combination license which shall entitle the
5    holder to the same non-commercial fishing privileges as
6    residents holding a license as described in paragraph (a)
7    of this Section and to the same hunting privileges as
8    residents holding a license to hunt all species as
9    described in Section 3.1 of the Wildlife Code. No lifetime
10    sportsmen's combination license shall be issued to or
11    retained by any individual who would be ineligible for
12    either the fishing or hunting license separately, either
13    upon issuance, or in any year a violation would subject an
14    individual to have either or both fishing or hunting
15    privileges rescinded. The lifetime hunting and fishing
16    license fees shall be as follows:
17            (1) Lifetime fishing: 30 x the current fishing
18        license fee.
19            (2) Lifetime hunting: 30 x the current hunting
20        license fee.
21            (3) Lifetime sportsmen's combination license: 30 x
22        the current sportsmen's combination license fee.
23    Lifetime licenses shall not be refundable. A $10 fee shall
24be charged for reissuing any lifetime license. The Department
25may establish rules and regulations for the issuance and use of
26lifetime licenses and may suspend or revoke any lifetime

 

 

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1license issued under this Section for violations of those rules
2or regulations or other provisions under this Code or the
3Wildlife Code. Individuals under 16 years of age who possess a
4lifetime hunting or sportsmen's combination license shall have
5in their possession, while in the field, a certificate of
6competency as required under Section 3.2 of the Wildlife Code.
7Any lifetime license issued under this Section shall not exempt
8individuals from obtaining additional stamps or permits
9required under the provisions of this Code or the Wildlife
10Code. Individuals required to purchase additional stamps shall
11sign the stamps and have them in their possession while fishing
12or hunting with a lifetime license. All fees received from the
13issuance of lifetime licenses shall be deposited in the Fish
14and Wildlife Endowment Fund.
15    Except for licenses issued under subsection (e) of this
16Section, all licenses provided for in this Section shall expire
17on March 31 of each year, except that the license provided for
18in subsection (d) of this Section shall expire 24 hours after
19the effective date and time listed on the face of the license.
20    All individuals required to have and failing to have the
21license provided for in subsection (a) or (d) of this Section
22shall be fined according to the provisions of Section 20-35 of
23this Code.
24    All individuals required to have and failing to have the
25licenses provided for in subsections (b) and (e) of this
26Section shall be guilty of a Class B misdemeanor.

 

 

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1(Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
298-800, eff. 8-1-14.)
 
3    (515 ILCS 5/20-52 new)
4    Sec. 20-52. Aquatic Conservation Stamp Fee. The fee for an
5aquatic conservation stamp shall be $5 for both resident and
6non-resident licensees. The fee for an aquatic conservation
7stamp shall be waived for residents over 75 years of age. Every
8person shall sign the aquatic conservation stamp or affix the
9aquatic conservation stamp to his or her license. These stamps
10shall expire on March 31 of each year. All individuals required
11to have and failing to have an aquatic conservation stamp as
12provided in Section 20-12 of this Code shall be guilty of a
13petty offense.
 
14    (515 ILCS 5/20-55)  (from Ch. 56, par. 20-55)
15    Sec. 20-55. License fees for non-residents. Fees for
16licenses for non-residents of the State of Illinois are as
17follows:
18    (a) For sport fishing devices as defined by Section 10-95,
19or spearing devices as defined in Section 10-110, non-residents
20age 16 or older shall be charged $31 for a fishing license to
21fish. For sport fishing devices as defined by Section 10-95, or
22spearing devices as defined in Section 10-110, for a period not
23to exceed 3 consecutive days fishing in the State of Illinois
24the fee is $15.00.

 

 

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1    For sport fishing devices as defined in Section 10-95, or
2spearing devices as defined in Section 10-110, for 24 hours of
3fishing the fee is $10. This license does not exempt the
4licensee from the salmon, or inland trout, or aquatic
5conservation stamp requirement.
6    (b) All non-residents before using any commercial fishing
7device shall obtain a non-resident commercial fishing license,
8the fee for which shall be $300, and a non-resident fishing
9license. This license does not exempt the licensee from the
10salmon, inland trout, or aquatic conservation stamp
11requirement. Each and every commercial device shall be licensed
12by a non-resident commercial fisherman as follows:
13        (1) For each 100 lineal yards, or fraction thereof, of
14    seine (excluding minnow seines) the fee is $36.
15        (2) For each device to fish with a 100 hook trot line
16    device, basket trap, hoop net, or dip net the fee is $6.
17        (3) For each 100 lineal yards, or fraction thereof, of
18    trammel net the fee is $36.
19        (4) For each 100 lineal yards, or fraction thereof, of
20    gill net the fee is $36.
21    (c) All persons required to have and failing to have the
22license provided for in subsection (a) of this Section shall be
23fined under Section 20-35 of this Code. Each person required to
24have and failing to have the licenses required under subsection
25(b) of this Section shall be guilty of a Class B misdemeanor.
26    (d) All licenses provided for in this Section shall expire

 

 

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1on March 31 of each year; except that the 24-hour license for
2sport fishing devices or spearing devices shall expire 24 hours
3after the effective date and time listed on the face of the
4license and licenses for sport fishing devices or spearing
5devices for a period not to exceed 3 consecutive days fishing
6in the State of Illinois as provided in subsection (a) of this
7Section shall expire at midnight on the tenth day after issued,
8not counting the day issued.
9(Source: P.A. 99-78, eff. 7-20-15.)
 
10    (515 ILCS 5/20-110)  (from Ch. 56, par. 20-110)
11    Sec. 20-110. Possession of license, permit, or stamp. Every
12person holding any license, salmon stamp, inland trout stamp,
13aquatic conservation stamp, or permit issued under this Code
14shall have it in his or her possession for immediate
15presentation for inspection to the authorized employees of the
16Department, or to any sheriff, deputy sheriff, or any other
17peace officer, making a demand for it within his or her
18jurisdiction.
19(Source: P.A. 87-833; 88-91.)
 
20    (515 ILCS 5/20-115)  (from Ch. 56, par. 20-115)
21    Sec. 20-115. Form of licenses, stamps, and permits.
22Licenses, salmon stamps, inland trout stamps, aquatic
23conservation stamps, and permits authorized to be issued under
24this Code shall be prepared by the Department and shall be in

 

 

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1the form prescribed by the Department. In addition, at the time
2of issuance, the information required on each license shall be
3completed on it by the issuing agent or his or her sub-agent
4and each license shall be signed by the licensee, or initialed
5by the designated purchaser and then signed immediately upon
6receipt by the licensee, and counter-signed by the issuing
7agent or his or her sub-agent. All licenses shall be supplied
8by the Department, subject to any rules and regulations as the
9Department may prescribe. Any license not properly prepared,
10obtained, and signed as required by this Code shall be void.
11(Source: P.A. 90-225, eff. 7-25-97.)
 
12    Section 99. Effective date. This Act takes effect January
131, 2021.