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Public Act 102-0780


 

Public Act 0780 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0780
 
HB4680 EnrolledLRB102 22291 CMG 31424 b

    AN ACT concerning fish.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois is amended by changing Section 805-305 as follows:
 
    (20 ILCS 805/805-305)  (was 20 ILCS 805/63a23)
    Sec. 805-305. Campsites and housing facilities. The
Department has the power to provide facilities for overnight
tent and trailer campsites and to provide suitable housing
facilities for student and juvenile overnight camping groups.
The Department of Natural Resources may regulate, by
administrative order, the fees to be charged for tent and
trailer camping units at individual park areas based upon the
facilities available. However, for campsites with access to
showers or electricity, any Illinois resident who is age 62 or
older or has a Class 2 disability as defined in Section 4A of
the Illinois Identification Card Act shall be charged only
one-half of the camping fee charged to the general public
during the period Monday through Thursday of any week and
shall be charged the same camping fee as the general public on
all other days. For campsites without access to showers or
electricity, no camping fee authorized by this Section shall
be charged to any resident of Illinois who has a Class 2
disability as defined in Section 4A of the Illinois
Identification Card Act. For campsites without access to
showers or electricity, no camping fee authorized by this
Section shall be charged to any resident of Illinois who is age
62 or older for the use of a campsite unit during the period
Monday through Thursday of any week. No camping fee authorized
by this Section shall be charged to any resident of Illinois
who is a veteran with a disability or a former prisoner of war,
as defined in Section 5 of the Department of Veterans' Affairs
Act. No camping fee authorized by this Section shall be
charged to any resident of Illinois after returning from
service abroad or mobilization by the President of the United
States as an active duty member of the United States Armed
Forces, the Illinois National Guard, or the Reserves of the
United States Armed Forces for the amount of time that the
active duty member spent in service abroad or mobilized if the
person (i) applies for a pass with at the Department office in
Springfield within 2 years after returning and provides
acceptable verification of service or mobilization to the
Department. Any or (ii) applies for a pass at a Regional Office
of the Department within 2 years after returning and provides
acceptable verification of service or mobilization to the
Department; any portion of a year that the active duty member
spent in service abroad or mobilized shall count as a full
year. The procedure by which a person may provide to the
Department verification of service abroad or mobilization by
the President of the United States shall be set by
administrative rule. Nonresidents shall be charged the same
fees as are authorized for the general public regardless of
age. The Department shall provide by regulation for suitable
proof of age, or either a valid driver's license or a "Golden
Age Passport" issued by the federal government shall be
acceptable as proof of age. The Department shall further
provide by regulation that notice of these reduced admission
fees be posted in a conspicuous place and manner.
    Reduced fees authorized in this Section shall not apply to
any charge for utility service.
    For the purposes of this Section, "acceptable verification
of service or mobilization" means official documentation from
the Department of Defense or the appropriate Major Command
showing mobilization dates or service abroad dates, including:
(i) a DD-214, (ii) a letter from the Illinois Department of
Military Affairs for members of the Illinois National Guard,
(iii) a letter from the Regional Reserve Command for members
of the Armed Forces Reserve, (iv) a letter from the Major
Command covering Illinois for active duty members, (v)
personnel records for mobilized State employees, and (vi) any
other documentation that the Department, by administrative
rule, deems acceptable to establish dates of mobilization or
service abroad.
    For the purposes of this Section, the term "service
abroad" means active duty service outside of the 50 United
States and the District of Columbia, and includes all active
duty service in territories and possessions of the United
States.
(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
100-143, eff. 1-1-18.)
 
    Section 10. The Fish and Aquatic Life Code is amended by
changing Sections 20-45 and 20-47 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, 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 as an active duty member of the United
    States Armed Forces, the Illinois National Guard, or the
    Reserves of the United States Armed Forces. Veterans must
    provide, to the Department acceptable at one of the
    Department's 5 regional offices, verification of their
    service. The Department shall establish by administrative
    rule the procedure by which such verification of service
    shall be made to the Department what constitutes suitable
    verification of service for the purpose of issuing fishing
    licenses to resident veterans at a reduced fee.
        (a-5) The fee for all sport fishing licenses shall be
    $1 for residents over 75 years of age.
        (b) All residents before using any commercial fishing
    device shall obtain a commercial fishing license, the fee
    for which shall be $60 and a resident fishing license, the
    fee for which is $14.50. 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 as an active duty member of the United
    States Armed Forces, the Illinois National Guard, or the
    Reserves of the United States Armed Forces, 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 acceptable , at
    one of the Department's 5 regional offices, verification
    of their service. The Department shall establish by
    administrative rule the procedure by which such what
    constitutes suitable verification of service shall be made
    to the Department 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 does
    not exempt 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.
    (g) For the purposes of this Section, "acceptable
verification" means official documentation from the Department
of Defense or the appropriate Major Command showing
mobilization dates or service abroad dates, including: (i) a
DD-214, (ii) a letter from the Illinois Department of Military
Affairs for members of the Illinois National Guard, (iii) a
letter from the Regional Reserve Command for members of the
Armed Forces Reserve, (iv) a letter from the Major Command
covering Illinois for active duty members, (v) personnel
records for mobilized State employees, and (vi) any other
documentation that the Department, by administrative rule,
deems acceptable to establish dates of mobilization or service
abroad.
    For the purposes of this Section, the term "service
abroad" means active duty service outside of the 50 United
States and the District of Columbia, and includes all active
duty service in territories and possessions of the United
States.
(Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
98-800, eff. 8-1-14.)
 
    (515 ILCS 5/20-47)
    Sec. 20-47. Military members returning from mobilization
and service outside the United States.
    (a) After returning from service abroad or mobilization by
the President of the United States as an active duty member of
the United States Armed Forces, the Illinois National Guard,
or the Reserves of the United States Armed Forces, an Illinois
resident may fish as permitted by this Code without paying any
fees required to obtain a fishing license for the time period
prescribed by subsection (b) of this Section if the Illinois
resident applies for a license within 2 years after returning
from service abroad or mobilization. The applicant shall
provide acceptable verification of service or mobilization to
the Department. The Department shall establish by
administrative rule the procedure by which such verification
of service shall be made to the Department for the purpose of
issuing fishing licenses to resident active duty members of
the United States Armed Forces, the Illinois National Guard,
or the Reserves of the United States Armed Forces either at the
Department's office in Springfield or at a Regional Office of
the Department.
    (b) For each year that an applicant is an active duty
member pursuant to subsection (a) of this Section, the
applicant shall receive one free fishing license. For the
purposes of this determination, if the period of active duty
is a portion of a year (for example, one year and 3 months),
the applicant will be credited with a full year for the portion
of a year served.
    (c) (Blank).
    (d) For the purposes of this Section, "acceptable
verification of service or mobilization" means official
documentation from the Department of Defense or the
appropriate Major Command showing mobilization dates or
service abroad dates, including: (i) a DD-214, (ii) a letter
from the Illinois Department of Military Affairs for members
of the Illinois National Guard, (iii) a letter from the
Regional Reserve Command for members of the Armed Forces
Reserve, (iv) a letter from the Major Command covering
Illinois for active duty members, (v) personnel records for
mobilized State employees, and (vi) any other documentation
that the Department, by administrative rule, deems acceptable
to establish dates of mobilization or service abroad.
    (e) For the purposes of this Section, the term "service
abroad" means active duty service outside of the 50 United
States and the District of Columbia, and includes all active
duty service in territories and possessions of the United
States.
(Source: P.A. 96-1014, eff. 1-1-11.)
 
    Section 15. The Wildlife Code is amended by changing
Sections 3.1-4 and 3.2 as follows:
 
    (520 ILCS 5/3.1-4)
    Sec. 3.1-4. Military members returning from mobilization
and service outside the United States.
    (a) After returning from service abroad or mobilization by
the President of the United States as an active duty member of
the United States Armed Forces, the Illinois National Guard,
or the Reserves of the United States Armed Forces, an Illinois
resident may hunt and trap any of the species protected by
Section 2.2 of this Code without paying any fees required to
obtain a hunting license or a trapping license for the time
period prescribed by subsection (b) of this Section if the
Illinois resident applies for a license within 2 years after
returning from service abroad or mobilization. The applicant
shall provide acceptable verification of service or
mobilization to the Department. The Department shall establish
by administrative rule the procedure by which such
verification of service shall be made to the Department for
the purpose of issuing a license either at the Department's
office in Springfield or at a Regional Office of the
Department.
    (b) For each year that an applicant served as is an active
duty member of the United States Armed Forces, the Illinois
National Guard, or the Reserves of the United States Armed
Forces and served abroad or was mobilized by the President of
the United States pursuant to subsection (a) of this Section,
the applicant shall receive one free hunting license, one free
trapping license, one free Deer Hunting Permit as provided in
Section 2.26 of this Code and rules adopted pursuant to that
Section, and one free State Habitat Stamp. For the purposes of
this determination, if the period of active duty is a portion
of a year (for example, one year and 3 months), the applicant
will be credited with a full year for the portion of a year
served.
    (c) (Blank).
    (c-5) An Illinois resident veteran may obtain an Illinois
Hunter Education card if he or she completes the online study
section of the Illinois Hunter Education program and provides
the Department with acceptable verification of service or
mobilization.
    (d) For the purposes of this Section, "acceptable
verification of service or mobilization" means official
documentation from the Department of Defense or the
appropriate Major Command showing mobilization dates or
service abroad dates, including: (i) a DD-214, (ii) a letter
from the Illinois Department of Military Affairs for members
of the Illinois National Guard, (iii) a letter from the
Regional Reserve Command for members of the Armed Forces
Reserve, (iv) a letter from the Major Command covering
Illinois for active duty members, (v) personnel records for
mobilized State employees, and (vi) any other documentation
that the Department, by administrative rule, deems acceptable
to establish dates of mobilization or service abroad.
    (e) For the purposes of this Section, the term "service
abroad" means active duty service outside of the 50 United
States and the District of Columbia, and includes all active
duty service in territories and possessions of the United
States.
(Source: P.A. 102-524, eff. 8-20-21.)
 
    (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 18 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 alone, without the supervision of an adult
age 21 or older, unless they have a certificate of competency
as provided in this Section and the certificate is 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
as an active duty member of the United States Armed Forces, the
Illinois National Guard, or the Reserves of the United States
Armed Forces, 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 acceptable ,
at one of the Department's 5 regional offices, verification of
their service. The Department shall establish by
administrative rule the procedure by which such verification
of service shall be made to the Department what constitutes
suitable verification of service for the purpose of issuing
resident veterans hunting licenses at a reduced fee. The fee
for a hunting license to hunt all species shall be $1 for
residents over 75 years of age. 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. The fee for a State
Migratory Waterfowl Stamp shall be waived for residents over
75 years of age. 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. The fee for a State Habitat Stamp shall
be waived for residents over 75 years of age. 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 fees for State Pheasant Stamps and State Furbearer
Stamps shall be waived for residents over 75 years of age.
    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.
    For the purposes of this Section, "acceptable
verification" means official documentation from the Department
of Defense or the appropriate Major Command showing
mobilization dates or service abroad dates, including: (i) a
DD-214, (ii) a letter from the Illinois Department of Military
Affairs for members of the Illinois National Guard, (iii) a
letter from the Regional Reserve Command for members of the
Armed Forces Reserve, (iv) a letter from the Major Command
covering Illinois for active duty members, (v) personnel
records for mobilized State employees, and (vi) any other
documentation that the Department, by administrative rule,
deems acceptable to establish dates of mobilization or service
abroad.
    For the purposes of this Section, the term "service
abroad" means active duty service outside of the 50 United
States and the District of Columbia, and includes all active
duty service in territories and possessions of the United
States.
(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022