Illinois General Assembly - Full Text of HB4981
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Full Text of HB4981  102nd General Assembly

HB4981 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4981

 

Introduced 1/27/2022, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.970 new
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 into the State treasury and set apart in a special fund known as the Aquatic Conservation Stamp Fund. Sets forth further requirements regarding appropriations from the Aquatic Conservation Stamp Fund. Amends the State Finance Act to make corresponding change. Effective January 1, 2023.


LRB102 25383 NLB 34663 b

 

 

A BILL FOR

 

HB4981LRB102 25383 NLB 34663 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 State Finance Act is amended by adding
5Section 5.970 as follows:
 
6    (30 ILCS 105/5.970 new)
7    Sec. 5.970. The Aquatic Conservation Stamp Fund.
 
8    Section 10. The Fish and Aquatic Life Code is amended by
9changing Sections 1-230, 20-5, 20-20, 20-45, 20-55, 20-110,
10and 20-115, and by adding Sections 20-12 and 20-52 as follows:
 
11    (515 ILCS 5/1-230)  (from Ch. 56, par. 1-230)
12    Sec. 1-230. Wildlife and Fish Fund; disposition of money
13received. All fees, fines, income of whatever kind or nature
14derived from hunting and fishing activities on lands, waters,
15or both under the jurisdiction or control of the Department,
16and all penalties collected under this Code shall be deposited
17into the State treasury Treasury and shall be set apart in a
18special fund to be known as the Wildlife and Fish Fund; except
19that fees derived solely from the sale of salmon stamps,
20income from art contests for the salmon stamp, including
21income from the sale of reprints, and gifts, donations,

 

 

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

 

 

HB4981- 3 -LRB102 25383 NLB 34663 b

1refuges, preserves, and public shooting and fishing grounds;
2(ii) the purchase and distribution of wild birds, the eggs of
3wild birds, and wild mammals; (iii) the rescuing, restoring
4and distributing of fish; (iv) the maintenance of wildlife
5refuges or preserves, public shooting grounds, public fishing
6grounds, and fish hatcheries; and (v) the feeding and care of
7wild birds, wild mammals, and fish. Appropriations from the
8Salmon Fund shall be made only to the Department to be used
9solely for the conservation and propagation of salmon,
10including construction, operation, and maintenance of a cold
11water hatchery, and for payment of the costs of printing
12salmon stamps, the expenses incurred in acquiring salmon stamp
13designs, and the expenses of producing reprints.
14Appropriations from the Aquatic Conservation Stamp Fund shall
15be made only to the Division of Fisheries of the Department to
16be used solely for the conservation of aquatic life,
17including, but not limited to, combating aquatic nuisance
18species, for the payment of the costs of printing aquatic
19conservation stamps, for the expenses incurred in acquiring
20aquatic conservation stamp designs, and for the expenses of
21producing reprints.
22(Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11;
2396-1518, eff. 2-4-11.)
 
24    (515 ILCS 5/20-5)  (from Ch. 56, par. 20-5)
25    Sec. 20-5. Necessity of license; exemptions.

 

 

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1    (a) Any person taking or attempting to take any fish,
2including minnows for commercial purposes, turtles, mussels,
3crayfish, or frogs by any means whatever in any waters or lands
4wholly or in part within the jurisdiction of the State,
5including that part of Lake Michigan under the jurisdiction of
6this State, shall first obtain a license to do so, and shall do
7so only during the respective periods of the year when it shall
8be lawful as provided in this Code. Individuals under 16,
9blind residents or residents with a disability, individuals
10holding a scientific collector's permit under this Code, or
11individuals fishing at fee fishing areas licensed by the
12Department, however, may fish with sport fishing devices
13without being required to have a license. For the purpose of
14this Section an individual is blind or has a disability if that
15individual has a Class 2 disability as defined in Section 4A of
16the Illinois Identification Card Act. For purposes of this
17Section an Illinois Person with a Disability Identification
18Card issued under the Illinois Identification Card Act
19indicating that the individual named on the card has a Class 2
20disability shall be adequate documentation of a disability.
21    (b) A courtesy non-resident sport fishing license or stamp
22may be issued at the discretion of the Director, without fee,
23to (i) any individual officially employed in the wildlife and
24fish or conservation department of another state or of the
25United States who is within the State to assist or consult or
26cooperate with the Director or (ii) the officials of other

 

 

HB4981- 5 -LRB102 25383 NLB 34663 b

1states, the United States, foreign countries, or officers or
2representatives of conservation organizations or publications
3while in the State as guests of the Governor or Director.
4    (c) The Director may issue special fishing permits without
5cost to groups of hospital patients or to individuals with
6disabilities for use on specified dates in connection with
7supervised fishing for therapy.
8    (d) Veterans who, according to the determination of the
9Veterans' Administration as certified by the Department of
10Veterans' Affairs, are at least 10% disabled with
11service-related disabilities or in receipt of total disability
12pensions may fish with sport fishing devices during those
13periods of the year it is lawful to do so without being
14required to have a license, on the condition that their
15respective disabilities do not prevent them from fishing in a
16manner which is safe to themselves and others.
17    (e) Each year the Director may designate a period, not to
18exceed 4 days in duration, when sport fishermen may fish
19waters wholly or in part within the jurisdiction of the State,
20including that part of Lake Michigan under the jurisdiction of
21the State, and not be required to obtain the license or stamps
22stamp required by subsection (a) of this Section, Section
2320-10, Section 20-11, or Section 20-12 or subsection (a) of
24Section 20-55. The term of any such period shall be
25established by administrative rule. This subsection shall not
26apply to commercial fishing.

 

 

HB4981- 6 -LRB102 25383 NLB 34663 b

1    (f) The Director may issue special fishing permits without
2cost for a group event, restricted to specific dates and
3locations if it is determined by the Department that the event
4is beneficial in promoting sport fishing in Illinois.
5(Source: P.A. 99-143, eff. 7-27-15.)
 
6    (515 ILCS 5/20-12 new)
7    Sec. 20-12. Aquatic conservation stamp.
8    (a) Any individual taking or attempting to take any fish,
9including minnows for commercial purposes, turtles, mussels,
10crayfish, or frogs by any means whatever in any waters of the
11State, in addition to any other license required by this Code,
12must first obtain an aquatic conservation stamp authorized by
13the Department. Individuals not required to obtain a license
14are not required to obtain an aquatic conservation stamp.
15    (b) The aquatic conservation stamp does not exempt the
16licensee from any salmon or inland trout stamp requirement.
17    (c) An aquatic conservation stamp may be issued at the
18discretion of the Director without fee.
 
19    (515 ILCS 5/20-20)  (from Ch. 56, par. 20-20)
20    Sec. 20-20. Non-resident licenses. Any individuals 16
21years of age or older not residents of the State of Illinois
22shall, before taking or attempting to take any fish, including
23minnows for commercial purposes, turtles, mussels, crayfish,
24or frogs aquatic life protected by this Code by any means

 

 

HB4981- 7 -LRB102 25383 NLB 34663 b

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

 

 

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1    verification of their service. The Department shall
2    establish what constitutes suitable verification of
3    service for the purpose of issuing fishing licenses to
4    resident veterans at a reduced fee.
5        (a-5) The fee for all sport fishing licenses shall be
6    $1 for residents over 75 years of age.
7        (b) All residents before using any commercial fishing
8    device shall obtain a commercial fishing license, the fee
9    for which shall be $60 and a resident fishing license, the
10    fee for which is $14.50. Each and every commercial device
11    used shall be licensed by a resident commercial fisherman
12    as follows:
13            (1) For each 100 lineal yards, or fraction
14        thereof, of seine the fee is $18. For each minnow
15        seine, minnow trap, or net for commercial purposes the
16        fee is $20.
17            (2) For each device to fish with a 100 hook trot
18        line device, basket trap, hoop net, or dip net the fee
19        is $3.
20            (3) When used in the waters of Lake Michigan, for
21        the first 2000 lineal feet, or fraction thereof, of
22        gill net the fee is $10; and for each 1000 additional
23        lineal feet, or fraction thereof, the fee is $10.
24        These fees shall apply to all gill nets in use in the
25        water or on drying reels on the shore.
26            (4) For each 100 lineal yards, or fraction

 

 

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1        thereof, of gill net or trammel net the fee is $18.
2        (c) Residents of the State of Illinois may obtain a
3    sportsmen's combination license that shall entitle the
4    holder to the same non-commercial fishing privileges as
5    residents holding a license as described in subsection (a)
6    of this Section and to the same hunting privileges as
7    residents holding a license to hunt all species as
8    described in Section 3.1 of the Wildlife Code. No
9    sportsmen's combination license shall be issued to any
10    individual who would be ineligible for either the fishing
11    or hunting license separately. The sportsmen's combination
12    license fee shall be $25.50. For residents age 65 or
13    older, the fee is one-half of the fee charged for a
14    sportsmen's combination license. For resident veterans of
15    the United States Armed Forces after returning from
16    service abroad or mobilization by the President of the
17    United States, the fee, commencing with the 2012 license
18    year, is one-half of the fee charged for a sportsmen's
19    combination license. Veterans must provide to the
20    Department, at one of the Department's 5 regional offices,
21    verification of their service. The Department shall
22    establish what constitutes suitable verification of
23    service for the purpose of issuing sportsmen's combination
24    licenses to resident veterans at a reduced fee.
25        (d) For 24 hours of fishing by sport fishing devices
26    as defined in Section 10-95 or by spearing devices as

 

 

HB4981- 10 -LRB102 25383 NLB 34663 b

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

 

 

HB4981- 11 -LRB102 25383 NLB 34663 b

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

 

 

HB4981- 12 -LRB102 25383 NLB 34663 b

1expire on March 31 of each year, except that the license
2provided for in subsection (d) of this Section shall expire 24
3hours after the effective date and time listed on the face of
4the 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. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
1398-800, eff. 8-1-14.)
 
14    (515 ILCS 5/20-52 new)
15    Sec. 20-52. Aquatic conservation stamp fee. The fee for an
16aquatic conservation stamp shall be $5 for both resident and
17non-resident licensees. The fee for an aquatic conservation
18stamp shall be waived for residents over 75 years of age. Every
19person shall sign the aquatic conservation stamp or affix the
20aquatic conservation stamp to his or her license. These stamps
21shall expire on March 31 of each year. All individuals
22required to have and failing to have an aquatic conservation
23stamp as provided in Section 20-12 of this Code shall be guilty
24of a petty offense.
 

 

 

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1    (515 ILCS 5/20-55)  (from Ch. 56, par. 20-55)
2    Sec. 20-55. License fees for non-residents. Fees for
3licenses for non-residents of the State of Illinois are as
4follows:
5    (a) For sport fishing devices as defined by Section 10-95,
6or spearing devices as defined in Section 10-110,
7non-residents age 16 or older shall be charged $31 for a
8fishing license to fish. For sport fishing devices as defined
9by Section 10-95, or spearing devices as defined in Section
1010-110, for a period not to exceed 3 consecutive days fishing
11in the State of Illinois the fee is $15.00.
12    For sport fishing devices as defined in Section 10-95, or
13spearing devices as defined in Section 10-110, for 24 hours of
14fishing the fee is $10. This license does not exempt the
15licensee from the salmon, or inland trout, or aquatic
16conservation stamp requirement.
17    (b) All non-residents before using any commercial fishing
18device shall obtain a non-resident commercial fishing license,
19the fee for which shall be $300, and a non-resident fishing
20license. This license does not exempt the licensee from the
21salmon, inland trout, or aquatic conservation stamp
22requirement. Each and every commercial device shall be
23licensed by a non-resident commercial fisherman as follows:
24        (1) For each 100 lineal yards, or fraction thereof, of
25    seine (excluding minnow seines) the fee is $36.
26        (2) For each device to fish with a 100 hook trot line

 

 

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1    device, basket trap, hoop net, or dip net the fee is $6.
2        (3) For each 100 lineal yards, or fraction thereof, of
3    trammel net the fee is $36.
4        (4) For each 100 lineal yards, or fraction thereof, of
5    gill net the fee is $36.
6    (c) All persons required to have and failing to have the
7license provided for in subsection (a) of this Section shall
8be fined under Section 20-35 of this Code. Each person
9required to have and failing to have the licenses required
10under subsection (b) of this Section shall be guilty of a Class
11B misdemeanor.
12    (d) All licenses provided for in this Section shall expire
13on March 31 of each year; except that the 24-hour license for
14sport fishing devices or spearing devices shall expire 24
15hours after the effective date and time listed on the face of
16the license and licenses for sport fishing devices or spearing
17devices for a period not to exceed 3 consecutive days fishing
18in the State of Illinois as provided in subsection (a) of this
19Section shall expire at midnight on the tenth day after
20issued, not counting the day issued.
21(Source: P.A. 99-78, eff. 7-20-15.)
 
22    (515 ILCS 5/20-110)  (from Ch. 56, par. 20-110)
23    Sec. 20-110. Possession of license, permit, or stamp.
24Every person holding any license, salmon stamp, inland trout
25stamp, aquatic conservation stamp, or permit issued under this

 

 

HB4981- 15 -LRB102 25383 NLB 34663 b

1Code shall have it in his or her possession for immediate
2presentation for inspection to the authorized employees of the
3Department, or to any sheriff, deputy sheriff, or any other
4peace officer, making a demand for it within his or her
5jurisdiction.
6(Source: P.A. 87-833; 88-91.)
 
7    (515 ILCS 5/20-115)  (from Ch. 56, par. 20-115)
8    Sec. 20-115. Form of licenses, stamps, and permits.
9Licenses, salmon stamps, inland trout stamps, aquatic
10conservation stamps, and permits authorized to be issued under
11this Code shall be prepared by the Department and shall be in
12the form prescribed by the Department. In addition, at the
13time of issuance, the information required on each license
14shall be completed on it by the issuing agent or his or her
15sub-agent and each license shall be signed by the licensee, or
16initialed by the designated purchaser and then signed
17immediately upon receipt by the licensee, and counter-signed
18by the issuing agent or his or her sub-agent. All licenses
19shall be supplied by the Department, subject to any rules and
20regulations as the Department may prescribe. Any license not
21properly prepared, obtained, and signed as required by this
22Code shall be void.
23(Source: P.A. 90-225, eff. 7-25-97.)
 
24    Section 99. Effective date. This Act takes effect January
251, 2023.