Rep. Katherine Cloonen
Filed: 4/12/2013
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1 | AMENDMENT TO HOUSE BILL 738
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2 | AMENDMENT NO. ______. Amend House Bill 738 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Natural Resources | ||||||
5 | (Conservation) Law of the
Civil Administrative Code of Illinois | ||||||
6 | is amended by changing Sections 805-275 and 805-335 as follows:
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7 | (20 ILCS 805/805-275) (was 20 ILCS 805/63a27)
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8 | Sec. 805-275. Sale of gravel and other materials. The | ||||||
9 | Department has the power to sell gravel,
sand, earth, or other | ||||||
10 | material from any State of Illinois owned lands or
waters
under | ||||||
11 | the jurisdiction of the Department at a fair market price. The | ||||||
12 | proceeds
from the sales shall be deposited into the Wildlife | ||||||
13 | and
Fish Fund or the Illinois Fisheries Management Fund in the | ||||||
14 | State
treasury.
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15 | (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
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1 | (20 ILCS 805/805-335)
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2 | Sec. 805-335. Fees. The Department has the power to
assess | ||||||
3 | appropriate and reasonable fees for the
use of concession type | ||||||
4 | facilities as well as other facilities and sites under
the | ||||||
5 | jurisdiction of the Department, including, but not limited to, | ||||||
6 | beaches, bike trails, equestrian trails, and other types of | ||||||
7 | trails. The Department
may
regulate, by rule, the fees to be | ||||||
8 | charged. The income collected shall be
deposited into the State | ||||||
9 | Parks Fund , the or Wildlife and Fish Fund , or the Illinois | ||||||
10 | Fisheries Management Fund
depending on the classification of | ||||||
11 | the State managed facility involved. The monies deposited into | ||||||
12 | the State Parks Fund , or the Wildlife and Fish Fund , and the | ||||||
13 | Illinois Fisheries Management Fund under this Section shall not | ||||||
14 | be subject to administrative charges or chargebacks unless | ||||||
15 | otherwise authorized by this Act.
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16 | (Source: P.A. 97-1136, eff. 1-1-13.)
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17 | Section 10. The State Finance Act is amended by changing | ||||||
18 | Section 5.21 and by adding Section 5.826 as follows:
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19 | (30 ILCS 105/5.21) (from Ch. 127, par. 141.21)
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20 | Sec. 5.21. The Wildlife and Fish Fund. | ||||||
21 | (Source: P.A. 81-358.)
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22 | (30 ILCS 105/5.826 new) | ||||||
23 | Sec. 5.826. The Illinois Fisheries Management Fund. |
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1 | Section 15. The Fish and Aquatic Life Code is amended by | ||||||
2 | changing Sections 1-215, 1-230, 20-45, 20-85, and 30-15 and by | ||||||
3 | adding Sections 1-43 and 1-231 as follows: | ||||||
4 | (515 ILCS 5/1-43 new) | ||||||
5 | Sec. 1-43. Fisheries Division Chief. "Fisheries Division | ||||||
6 | Chief" means the top Administrator in the Division of Fisheries | ||||||
7 | in the Department of Natural Resources.
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8 | (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
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9 | Sec. 1-215. Illegal fishing devices; public nuisance. | ||||||
10 | Every fishing
device, including seines, nets, or traps, or any | ||||||
11 | electrical device or any
other devices, including vehicles, | ||||||
12 | watercraft, or aircraft, used or
operated illegally or | ||||||
13 | attempted to be used or operated illegally by any
person in | ||||||
14 | taking, transporting, holding, or conveying any aquatic life
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15 | contrary to this Code, including administrative rules, shall be | ||||||
16 | deemed a
public nuisance and therefore illegal and subject to | ||||||
17 | seizure and
confiscation by any authorized employee of the | ||||||
18 | Department. Upon the
seizure of such an item the Department | ||||||
19 | shall take and hold the item until
disposed of as provided in | ||||||
20 | this Code.
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21 | Upon the seizure of any device because of its illegal use, | ||||||
22 | the officer
or authorized employee of the Department making the | ||||||
23 | seizure shall, as soon
as reasonably possible, cause a |
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1 | complaint to be filed before the Circuit
Court and a summons to | ||||||
2 | be issued requiring the owner or person in
possession of the | ||||||
3 | property to appear in court and show cause why the
device | ||||||
4 | seized should not be forfeited to the State. Upon the return of
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5 | the summons duly served or upon posting or publication of | ||||||
6 | notice as provided
in this Code, the court shall proceed to | ||||||
7 | determine the question of the
illegality of the use of the | ||||||
8 | seized property. Upon judgment being entered
to the effect that | ||||||
9 | the property was illegally used, an order shall be
entered | ||||||
10 | providing for the forfeiture of the seized property to the | ||||||
11 | State.
The owner of the property, however, may have a jury | ||||||
12 | determine the
illegality of its use, and shall have the right | ||||||
13 | of an appeal as in other
civil cases. Confiscation or | ||||||
14 | forfeiture shall not preclude or mitigate
against prosecution | ||||||
15 | and assessment of penalties provided in Section 20-35
of this | ||||||
16 | Code.
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17 | Upon seizure of any property under circumstances | ||||||
18 | supporting a
reasonable belief that the property was abandoned, | ||||||
19 | lost, stolen, or
otherwise illegally possessed or used contrary | ||||||
20 | to this
Code, except property seized during a search or arrest, | ||||||
21 | and ultimately
returned, destroyed, or otherwise disposed of | ||||||
22 | under order of a court
in accordance with this Code, the | ||||||
23 | authorized employee of the Department
shall make reasonable | ||||||
24 | inquiry and efforts to identify and notify the owner
or other | ||||||
25 | person entitled to possession of the property and shall return | ||||||
26 | the
property after the person provides reasonable and |
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1 | satisfactory proof of
his or her ownership or right to | ||||||
2 | possession and reimburses the Department
for all reasonable | ||||||
3 | expenses of custody. If the identity or location of the
owner | ||||||
4 | or other person entitled to possession of the property has not | ||||||
5 | been
ascertained within 6 months after the Department obtains | ||||||
6 | possession, the
Department shall effectuate the sale of the | ||||||
7 | property for cash to the
highest bidder at a public auction. | ||||||
8 | The owner or other person entitled to
possession of the | ||||||
9 | property may claim and recover possession of the
property at | ||||||
10 | any time before its sale at public auction upon providing
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11 | reasonable and satisfactory proof of ownership or right of | ||||||
12 | possession and
reimbursing the Department for all reasonable | ||||||
13 | expenses of custody.
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14 | Any property forfeited to the State by court order under | ||||||
15 | this Section
may be disposed of by public auction, except that | ||||||
16 | any property that is
the subject of a court order shall not be | ||||||
17 | disposed of pending appeal
of the order. The proceeds of the | ||||||
18 | sales at auction shall be deposited in
the Illinois Fisheries | ||||||
19 | Management Wildlife and Fish Fund.
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20 | The Department shall pay all costs of posting or | ||||||
21 | publication of
notices required by this Section.
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22 | (Source: P.A. 87-833.)
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23 | (515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
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24 | Sec. 1-230. Wildlife and Fish Fund; disposition of money
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25 | received. All fees, fines, income of whatever kind or nature |
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1 | derived
from hunting and fishing activities on lands, waters, | ||||||
2 | or both under the
jurisdiction or control of the Department, | ||||||
3 | and all penalties collected under
this Code shall be deposited | ||||||
4 | into the State Treasury and
shall be set apart in a special | ||||||
5 | fund to be known as the Wildlife and Fish
Fund; except that all | ||||||
6 | fees and revenues from commercial fishing licenses, sport | ||||||
7 | fishing licenses, inland trout stamps, reimbursements from | ||||||
8 | sport fish restoration grants and Asian Carp and aquatic | ||||||
9 | invasive species grants and other grants from the federal | ||||||
10 | government, fines collected for fish kills and violations of | ||||||
11 | the Fish and Aquatic Life Code, stamps issued for fish habitat, | ||||||
12 | management, or angling events after January 1, 2013 shall be | ||||||
13 | deposited into the Illinois Fisheries Management Fund, a | ||||||
14 | special fund created in the State Treasury to be used for the | ||||||
15 | operation of the Division of Fisheries within the Department; | ||||||
16 | except that fees derived solely from the sale of salmon stamps, | ||||||
17 | income
from art contests for the salmon stamp, including income | ||||||
18 | from the sale
of reprints, and gifts, donations, grants, and | ||||||
19 | bequests of money for the
conservation and propagation of | ||||||
20 | salmon shall be deposited into the State
Treasury and set apart | ||||||
21 | in the special fund to be known as the Salmon
Fund; and except | ||||||
22 | that fees derived solely from the sale of state
migratory | ||||||
23 | waterfowl stamps, and gifts, donations, grants and bequests of
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24 | money for the conservation and propagation of waterfowl, shall | ||||||
25 | be deposited
into the State Treasury and set apart in the | ||||||
26 | special fund to be known as the
State Migratory Waterfowl Stamp |
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1 | Fund. All interest that accrues from moneys
in the Wildlife and | ||||||
2 | Fish Fund, the Illinois Fisheries Management Fund, the Salmon | ||||||
3 | Fund, and the State Migratory
Waterfowl Stamp Fund shall be | ||||||
4 | retained in those funds respectively.
Except for the additional | ||||||
5 | moneys deposited under Section 805-550 of the Department of | ||||||
6 | Natural Resources (Conservation) Law of the
Civil | ||||||
7 | Administrative Code of Illinois, appropriations from the | ||||||
8 | Wildlife and Fish Fund and the Illinois Fisheries Management | ||||||
9 | Fund shall be made only to the
Department for the carrying out | ||||||
10 | of the powers and functions vested by law
in the Department
for | ||||||
11 | the administration and management of fish and wildlife | ||||||
12 | resources of this State for such activities as (i) the purchase | ||||||
13 | of land for fish hatcheries,
wildlife refuges, preserves, and | ||||||
14 | public shooting and fishing grounds; (ii)
the purchase and | ||||||
15 | distribution of wild birds, the eggs of wild birds, and
wild | ||||||
16 | mammals; (iii) the rescuing, restoring and distributing of | ||||||
17 | fish; (iv)
the maintenance of wildlife refuges or preserves, | ||||||
18 | public shooting grounds,
public fishing grounds, and fish | ||||||
19 | hatcheries; and (v) the feeding and care
of wild birds, wild | ||||||
20 | mammals, and fish. Appropriations from the Salmon Fund
shall be | ||||||
21 | made only to the Department to be used solely for the | ||||||
22 | conservation
and propagation of salmon, including | ||||||
23 | construction, operation, and
maintenance of a cold water | ||||||
24 | hatchery, and for payment of the costs of
printing salmon | ||||||
25 | stamps, the expenses incurred in acquiring salmon stamp
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26 | designs, and the expenses of producing reprints.
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1 | (Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11; | ||||||
2 | 96-1518, eff. 2-4-11.)
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3 | (515 ILCS 5/1-231 new) | ||||||
4 | Sec. 1-231. Illinois Fisheries Management Fund; | ||||||
5 | disposition of money received. Beginning January 1, 2013, all | ||||||
6 | fees or revenue collected from any resident or non-resident | ||||||
7 | commercial license; any resident or non-resident sport fishing | ||||||
8 | licenses; inland trout stamps; all reimbursements from sport | ||||||
9 | fish restoration grants, Asian Carp and aquatic invasive | ||||||
10 | species grants, and other grants from the federal government; | ||||||
11 | fines collected from fish kills and violations of the Fish and | ||||||
12 | Aquatic Life Code; and any new revenues created from stamps | ||||||
13 | issued for fish habitat, management, or angling events shall be | ||||||
14 | deposited into the Illinois Fisheries Management Fund, a | ||||||
15 | special fund created in the State Treasury to be used for the | ||||||
16 | operation of the Division of Fisheries within the Department. | ||||||
17 | The Fund can be used only for fish propagation, management, | ||||||
18 | conservation, commercial fish evaluation and management, | ||||||
19 | aquatic education projects and programs, law enforcement, | ||||||
20 | expenses of operating the Division of Fisheries within the | ||||||
21 | Department of Natural Resources, and land acquisition that | ||||||
22 | provides access to sport fishing that have been approved by the | ||||||
23 | Fisheries Division Chief.
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24 | (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
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1 | Sec. 20-45. License fees for residents. Fees for licenses | ||||||
2 | for residents
of the State of Illinois shall be as follows:
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3 | (a) Except as otherwise provided in this Section, for | ||||||
4 | sport fishing
devices as defined in Section 10-95 or | ||||||
5 | spearing devices as defined in
Section 10-110, the fee is | ||||||
6 | $14.50 for individuals 16 to 64 years old,
one-half of the | ||||||
7 | current fishing license fee for individuals age 65 or | ||||||
8 | older,
and, commencing with the 2012 license year, one-half | ||||||
9 | of the current fishing license fee for resident veterans of | ||||||
10 | the United States Armed Forces after returning from service | ||||||
11 | abroad or mobilization by the President of the United | ||||||
12 | States. Veterans must provide, to the Department at one of | ||||||
13 | the Department's 5 regional offices, verification of their | ||||||
14 | service. The Department shall establish what constitutes | ||||||
15 | suitable verification of service for the purpose of issuing | ||||||
16 | fishing licenses to resident veterans at a reduced fee.
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17 | (b) All residents before using any commercial fishing | ||||||
18 | device shall
obtain a commercial fishing license, the fee | ||||||
19 | for which shall be $60 and a resident fishing license, the | ||||||
20 | fee for which is $14.50.
Each and every commercial device | ||||||
21 | used shall be licensed by a resident
commercial fisherman | ||||||
22 | as follows:
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23 | (1) For each 100 lineal yards, or fraction thereof, | ||||||
24 | of seine
the fee is $18. For each minnow seine, minnow | ||||||
25 | trap, or net for commercial
purposes the fee is $20.
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26 | (2) For each device to fish with a 100 hook trot |
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1 | line
device,
basket trap, hoop net, or dip net the fee | ||||||
2 | is $3.
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3 | (3) When used in the waters of Lake Michigan, for | ||||||
4 | the first 2000
lineal feet, or fraction thereof, of | ||||||
5 | gill net the fee is $10; and
for each 1000 additional | ||||||
6 | lineal feet, or fraction thereof, the fee is $10.
These | ||||||
7 | fees shall apply to all gill nets in use in the water | ||||||
8 | or on drying
reels on the shore.
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9 | (4) For each 100 lineal yards, or fraction thereof, | ||||||
10 | of gill net
or trammel net the fee is $18.
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11 | (c) Residents of the State of Illinois may obtain a | ||||||
12 | sportsmen's
combination license that shall entitle the | ||||||
13 | holder to the same
non-commercial fishing privileges as | ||||||
14 | residents holding a license as
described in subsection (a) | ||||||
15 | of this Section and to the same hunting
privileges as | ||||||
16 | residents holding a license to hunt all species as
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17 | described in Section 3.1 of the Wildlife Code. No | ||||||
18 | sportsmen's combination
license shall be issued to any | ||||||
19 | individual who would be ineligible for
either the fishing | ||||||
20 | or hunting license separately. The sportsmen's
combination | ||||||
21 | license fee shall be $25.50.
For residents age 65 or older, | ||||||
22 | the fee is one-half of the fee charged for a
sportsmen's | ||||||
23 | combination license. The portion of the sportsmen's | ||||||
24 | combination license attributable to the fishing license | ||||||
25 | shall be deposited in the Illinois Fisheries Management | ||||||
26 | Fund, and the portion of the sportsmen's combination |
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1 | license attributable to the hunting license shall be | ||||||
2 | deposited in the Wildlife Fund. For resident veterans of | ||||||
3 | the United States Armed Forces after returning from service | ||||||
4 | abroad or mobilization by the President of the United | ||||||
5 | States, the fee, commencing with the 2012 license year, is | ||||||
6 | one-half of the fee charged for a
sportsmen's combination | ||||||
7 | license. Veterans must provide to the Department, at one of | ||||||
8 | the Department's 5 regional offices, verification of their | ||||||
9 | service. The Department shall establish what constitutes | ||||||
10 | suitable verification of service for the purpose of issuing | ||||||
11 | sportsmen's
combination licenses to resident veterans at a | ||||||
12 | reduced fee.
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13 | (d) For 24 hours of fishing
by sport fishing devices
as | ||||||
14 | defined in Section 10-95 or by spearing devices as defined | ||||||
15 | in Section
10-110 the fee is $5. This license does not | ||||||
16 | exempt the licensee from the
requirement for a salmon or | ||||||
17 | inland trout stamp. The licenses provided for
by this | ||||||
18 | subsection
are not required for residents of the State of | ||||||
19 | Illinois who have obtained the
license provided for in | ||||||
20 | subsection (a) of this Section.
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21 | (e) All residents before using any commercial mussel | ||||||
22 | device shall
obtain a commercial mussel license, the fee | ||||||
23 | for which shall be $50.
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24 | (f) Residents of this State, upon establishing | ||||||
25 | residency as required
by the Department, may obtain a | ||||||
26 | lifetime hunting or fishing license or
lifetime |
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1 | sportsmen's combination license which shall entitle the | ||||||
2 | holder to
the same non-commercial fishing privileges as | ||||||
3 | residents holding a license
as described in paragraph (a) | ||||||
4 | of this Section and to the same hunting
privileges as | ||||||
5 | residents holding a license to hunt all species as | ||||||
6 | described
in Section 3.1 of the Wildlife Code. No lifetime | ||||||
7 | sportsmen's combination
license shall be issued to or | ||||||
8 | retained by any individual
who would be ineligible for | ||||||
9 | either the fishing or hunting license
separately, either | ||||||
10 | upon issuance, or in any year a violation would
subject an | ||||||
11 | individual to have either or both fishing or hunting | ||||||
12 | privileges
rescinded. The lifetime hunting and fishing | ||||||
13 | license fees shall be as follows:
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14 | (1) Lifetime fishing: 30 x the current fishing | ||||||
15 | license fee.
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16 | (2) Lifetime hunting: 30 x the current hunting | ||||||
17 | license fee.
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18 | (3) Lifetime sportsmen's combination license: 30 x | ||||||
19 | the current
sportsmen's combination license fee.
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20 | Lifetime licenses shall not be refundable. A $10 fee shall | ||||||
21 | be charged
for reissuing any lifetime license. The Department | ||||||
22 | may establish rules and
regulations for the issuance and use of | ||||||
23 | lifetime licenses and may suspend
or revoke any lifetime | ||||||
24 | license issued under this Section for violations of
those rules | ||||||
25 | or regulations or other provisions under this Code or the
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26 | Wildlife Code. Individuals under 16 years of age who possess a |
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1 | lifetime
hunting or sportsmen's combination license shall have | ||||||
2 | in their possession,
while in the field, a certificate of | ||||||
3 | competency as required under Section
3.2 of the Wildlife Code. | ||||||
4 | Any lifetime license issued under this Section
shall not exempt | ||||||
5 | individuals from obtaining additional stamps or permits
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6 | required under the provisions of this Code or the Wildlife | ||||||
7 | Code.
Individuals required to purchase additional stamps shall | ||||||
8 | sign the stamps
and have them in their possession while fishing | ||||||
9 | or hunting with a lifetime
license. All fees received from the | ||||||
10 | issuance
of lifetime licenses shall be deposited in the Fish | ||||||
11 | and Wildlife Endowment
Fund.
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12 | Except for licenses issued under subsection (e) of this | ||||||
13 | Section, all
licenses provided for in this Section shall expire | ||||||
14 | on March 31 of
each year, except that the license provided for | ||||||
15 | in subsection (d) of
this Section shall expire 24 hours after | ||||||
16 | the effective date and time listed
on the face of the license.
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17 | All individuals required to have and failing to have the | ||||||
18 | license provided
for in subsection (a) or (d) of this Section | ||||||
19 | shall be fined according to the
provisions of Section 20-35 of | ||||||
20 | this Code.
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21 | All individuals required to have and failing to have the | ||||||
22 | licenses
provided for in subsections (b) and (e) of this | ||||||
23 | Section shall be guilty of a
Class B misdemeanor.
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24 | (Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12; | ||||||
25 | 97-1136, eff. 1-1-13.)
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1 | (515 ILCS 5/20-85) (from Ch. 56, par. 20-85)
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2 | Sec. 20-85. Taxidermist license.
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3 | (a) Before engaging in the business of taxidermy of aquatic | ||||||
4 | life , every person shall
obtain a license for that purpose from | ||||||
5 | the Department. Application for a
license shall be filed with | ||||||
6 | the Department and shall set forth the name of
the applicant; | ||||||
7 | its principal officers, if the applicant is a corporation,
or | ||||||
8 | the partners, if the applicant is a partnership; the location | ||||||
9 | of the
place of business; and any additional information the | ||||||
10 | Department may
require. The annual fee for each taxidermist | ||||||
11 | license shall be $25. All
licenses issued to taxidermists are | ||||||
12 | valid only at the location described
and designated on the | ||||||
13 | application for the license. All taxidermist licenses
shall | ||||||
14 | expire on January 31 of each year. Individuals employed
by a
| ||||||
15 | licensed taxidermist shall not be required to possess a | ||||||
16 | taxidermist license
while working for and at the place of | ||||||
17 | business of the license holder.
| ||||||
18 | Licensed taxidermists shall submit to the Department a list | ||||||
19 | naming all
individuals who will be working at the place of | ||||||
20 | business specified on the
permit. Only those individuals whose | ||||||
21 | names are on file with the Department
shall be authorized to | ||||||
22 | work under the scope of the taxidermist's license.
| ||||||
23 | (b) Taxidermists shall keep written records of all aquatic | ||||||
24 | life or parts of
aquatic life received or returned by them. | ||||||
25 | Records shall include the following
information:
| ||||||
26 | (1) The date the aquatic life was received.
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1 | (2) The name and address of the person from whom the | ||||||
2 | aquatic life was
received.
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3 | (3) The number and species of all aquatic life | ||||||
4 | received.
| ||||||
5 | (4) The number and state of issuance of the fishing | ||||||
6 | license, or
special Department permit, of the person from | ||||||
7 | whom the aquatic life was
received. In the absence of a | ||||||
8 | license or permit number, the taxidermist may
rely on the | ||||||
9 | written certification of the person from whom the aquatic | ||||||
10 | life was
received that the specimen was legally taken or | ||||||
11 | obtained, or, in the event the
person is exempt from the | ||||||
12 | apposite license requirements, an indication of the
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13 | exemption.
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14 | (c) All aquatic life or parts of aquatic life that have | ||||||
15 | been
received, preserved, mounted, or possessed by a | ||||||
16 | taxidermist are required to
bear a coded origin tag or label. | ||||||
17 | The coded origin tag or label shall
correspond with written | ||||||
18 | records containing more complete information as
required by the | ||||||
19 | Department.
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20 | (d) Taxidermy records shall be open for inspection by any | ||||||
21 | peace officer
at any reasonable hour. Taxidermists shall | ||||||
22 | maintain records for a period
of 2 years from the date of | ||||||
23 | receipt of the aquatic life or for as long as
the specimen or | ||||||
24 | mount remains in the taxidermist's possession, whichever is
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25 | longer.
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26 | The Department may require the taxidermist to submit to it |
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1 | any information
it deems necessary.
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2 | (e) No taxidermist shall have in his or her possession any | ||||||
3 | aquatic
life that is not listed in his or her written records | ||||||
4 | and properly
tagged or labeled.
| ||||||
5 | (f) All persons licensed as taxidermists under this Code | ||||||
6 | who shall ship any
aquatic life or parts of aquatic life that | ||||||
7 | have been received, preserved, or
mounted shall tag or label | ||||||
8 | the shipment and the tag or label shall state the
name of the | ||||||
9 | taxidermist and the number and date of his or her license.
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10 | (g) Nothing in this Section removes taxidermists from | ||||||
11 | responsibility for
the observance of any federal laws, rules, | ||||||
12 | or regulations that may apply to the
taxidermy business.
| ||||||
13 | (Source: P.A. 88-416; 89-66, eff. 1-1-96.)
| ||||||
14 | (515 ILCS 5/30-15) (from Ch. 56, par. 30-15)
| ||||||
15 | Sec. 30-15. Use of license fees. No funds accruing to the | ||||||
16 | State of
Illinois from license fees paid by fishermen shall be | ||||||
17 | diverted for any
other purpose than the administration of the | ||||||
18 | Department of Natural
Resources for the management of fish and | ||||||
19 | wildlife resources of the State.
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20 | (Source: P.A. 95-853, eff. 8-18-08.)
| ||||||
21 | Section 20. The Wildlife Code is amended by changing | ||||||
22 | Sections 1.25, 1.28, and 3.39 as follows:
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23 | (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
|
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| |||||||
1 | Sec. 1.25.
Every hunting or trapping device, vehicle or | ||||||
2 | conveyance, when
used or operated illegally, or attempted to be | ||||||
3 | used or operated illegally
by any person in taking, | ||||||
4 | transporting, holding, or conveying any wild bird
or wild | ||||||
5 | mammal, contrary to the provisions of this Act, including | ||||||
6 | administrative
rules, is a public nuisance and subject to | ||||||
7 | seizure and confiscation by
any authorized employee of the | ||||||
8 | Department; upon the seizure of such item
the Department shall | ||||||
9 | take and hold the same until disposed of as hereinafter | ||||||
10 | provided.
| ||||||
11 | Upon the seizure of any property as herein provided, the | ||||||
12 | authorized employee
of the Department making such seizure shall | ||||||
13 | forthwith cause a complaint
to be filed before the Circuit | ||||||
14 | Court and a summons to be issued requiring
the person who | ||||||
15 | illegally used or operated or attempted to use or operate
such | ||||||
16 | property and the owner and person in possession of such | ||||||
17 | property to
appear in court and show cause why the property | ||||||
18 | seized should not be forfeited
to the State.
Upon the return of | ||||||
19 | the summons duly served or other notice as herein provided,
the | ||||||
20 | court shall proceed to determine the question of the illegality | ||||||
21 | of the
use of the seized property and upon judgment being | ||||||
22 | entered to the effect
that such property was illegally used, an | ||||||
23 | order may be entered providing
for the forfeiture of such | ||||||
24 | seized property to the Department and shall thereupon
become | ||||||
25 | the property of the Department; but the owner of such property | ||||||
26 | may
have a jury determine the illegality of its use, and shall |
| |||||||
| |||||||
1 | have the right
of an appeal, as in other cases. Such | ||||||
2 | confiscation or forfeiture
shall not preclude or mitigate | ||||||
3 | against prosecution and assessment of penalties
otherwise | ||||||
4 | provided in this Act.
| ||||||
5 | Upon seizure of any property under circumstances | ||||||
6 | supporting a
reasonable belief that such property was | ||||||
7 | abandoned, lost or stolen or
otherwise illegally possessed or | ||||||
8 | used contrary to the provisions of this
Act, except property | ||||||
9 | seized during a search or arrest, and ultimately
returned, | ||||||
10 | destroyed, or otherwise disposed of pursuant to order of a | ||||||
11 | court
in accordance with this Act, the authorized employee of | ||||||
12 | the Department
shall make reasonable inquiry and efforts to | ||||||
13 | identify and notify the owner
or other person entitled to | ||||||
14 | possession thereof, and shall return the
property after such | ||||||
15 | person provides reasonable and satisfactory proof of
his | ||||||
16 | ownership or right to possession and reimburses the Department | ||||||
17 | for all
reasonable expenses of such custody. If the identity or | ||||||
18 | location of the
owner or other person entitled to possession of | ||||||
19 | the property has not been
ascertained within 6 months after the | ||||||
20 | Department obtains such possession,
the Department shall | ||||||
21 | effectuate the sale of the property for cash to the
highest | ||||||
22 | bidder at a public auction. The owner or other person entitled | ||||||
23 | to
possession of such property may claim and recover possession | ||||||
24 | of the
property at any time before its sale at public auction, | ||||||
25 | upon providing
reasonable and satisfactory proof of ownership | ||||||
26 | or right of possession and
reimbursing the Department for all |
| |||||||
| |||||||
1 | reasonable expenses of custody thereof.
| ||||||
2 | Any property, including guns, forfeited to the State by | ||||||
3 | court order pursuant
to this Section, may be disposed of by | ||||||
4 | public auction, except
that any property which is the subject | ||||||
5 | of such a court order shall not be
disposed of pending appeal | ||||||
6 | of the order. The proceeds of the sales at auction
shall be | ||||||
7 | deposited in the Wildlife and Fish Fund.
| ||||||
8 | The Department shall pay all costs of notices required by | ||||||
9 | this Section.
| ||||||
10 | (Source: P.A. 85-152.)
| ||||||
11 | (520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
| ||||||
12 | Sec. 1.28. Fees and fines; deposit in funds. All fees, | ||||||
13 | fines,
including bond forfeitures, income of whatsoever
kind or | ||||||
14 | nature derived from hunting and fishing activities on lands or | ||||||
15 | waters
or both under the jurisdiction or control of the | ||||||
16 | Department, and all penalties
collected under this Act shall be | ||||||
17 | deposited in the State Treasury and
shall be set apart in a | ||||||
18 | special fund to be known as the "Wildlife and Fish
Fund"; | ||||||
19 | except that all fees and revenues from commercial fishing | ||||||
20 | licenses, sport fishing licenses, inland trout stamps, | ||||||
21 | reimbursements from sport fish restoration grants and Asian | ||||||
22 | Carp and aquatic invasive species grants and other grants from | ||||||
23 | the federal government, fines collected for fish kills and | ||||||
24 | violations of the Fish and Aquatic Life Code, stamps issued for | ||||||
25 | fish habitat, management, or angling events after January 1, |
| |||||||
| |||||||
1 | 2013 shall be deposited into the Illinois Fisheries Management | ||||||
2 | Fund, a special fund created in the State Treasury to be used | ||||||
3 | for the operation of the Division of Fisheries within the | ||||||
4 | Department; except that fees derived solely from the sale of | ||||||
5 | salmon stamps,
income from art contests for the salmon stamp, | ||||||
6 | including income from the
sale of reprints, and gifts, | ||||||
7 | donations, grants and bequests of money for
the conservation | ||||||
8 | and propagation of salmon shall be deposited in the State
| ||||||
9 | Treasury and set apart in the special fund to be known as the | ||||||
10 | "Salmon
Fund"; and except that fees derived solely from the | ||||||
11 | sale of state migratory
waterfowl stamps, and gifts, donations, | ||||||
12 | grants and bequests of money for
the conservation and | ||||||
13 | propagation of waterfowl shall be deposited in the
special fund | ||||||
14 | to be known as the "State Migratory Waterfowl Stamp Fund";
and | ||||||
15 | except that, of fees derived
solely from the sale of State | ||||||
16 | Habitat Stamps, 64% shall be deposited into the Illinois | ||||||
17 | Habitat Fund, 30% into the State Pheasant Fund,
and 6% into the | ||||||
18 | State Furbearer Fund. Income generated from the sale of
artwork | ||||||
19 | associated with the State Habitat Stamps shall be deposited | ||||||
20 | into
the Illinois Habitat Fund.
All interest that accrues from | ||||||
21 | monies deposited into the Wildlife and
Fish Fund, the Illinois | ||||||
22 | Fisheries Management Fund, the Salmon Fund, the State Migratory | ||||||
23 | Waterfowl Stamp Fund, the
State Furbearer Fund, the State | ||||||
24 | Pheasant Fund, and the
Illinois Habitat Fund shall be deposited | ||||||
25 | into those funds, respectively.
Appropriations from the | ||||||
26 | "Wildlife and
Fish Fund" shall be made only to the Department |
| |||||||
| |||||||
1 | for the carrying out of
the powers and functions vested by law | ||||||
2 | in the Department
for the administration and management of fish | ||||||
3 | and wildlife resources of this State for such activities as the | ||||||
4 | purchase of land for fish hatcheries, wildlife refuges,
| ||||||
5 | preserves and public shooting and fishing grounds; the purchase | ||||||
6 | and
distribution of wild birds, the eggs of wild birds, and | ||||||
7 | wild mammals for
rescuing, restoring and distributing fish; the | ||||||
8 | maintenance of wildlife
refuges, or preserves, public shooting | ||||||
9 | grounds, public fishing grounds and
fish hatcheries; and the | ||||||
10 | feeding and care of wild birds, wild
animals and fish.
| ||||||
11 | (Source: P.A. 95-853, eff. 8-18-08.)
| ||||||
12 | (520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
| ||||||
13 | Sec. 3.39.
Residents of the State of Illinois may obtain a | ||||||
14 | Sportsmen's
Combination License which shall entitle the holder | ||||||
15 | to the same
non-commercial fishing privileges as residents | ||||||
16 | holding a fishing license
described in subparagraph (a) of | ||||||
17 | Section 20-45 of the Fish and Aquatic Life
Code, and to the | ||||||
18 | same hunting privileges as residents holding a license to
hunt | ||||||
19 | all species, as described in Section 3.1 of this Act. The | ||||||
20 | portion of the sportsmen's combination license attributable to | ||||||
21 | the fishing license shall be deposited in the Illinois | ||||||
22 | Fisheries Management Fund, and the portion of the sportsmen's | ||||||
23 | combination license attributable to the hunting license shall | ||||||
24 | be deposited in the Wildlife Fund. However, no
Sportsmen's | ||||||
25 | Combination License shall be issued to any person who would be
|
| |||||||
| |||||||
1 | ineligible for either the fishing or hunting license | ||||||
2 | separately. The
Sportsmen's Combination License fee shall be | ||||||
3 | $25.50.
For residents age 65 or older, the fee is one-half of | ||||||
4 | the fee charged for a
Sportsmen's Combination License.
| ||||||
5 | (Source: P.A. 96-831, eff. 1-1-10.)
| ||||||
6 | (520 ILCS 5/1.28a rep.)
| ||||||
7 | Section 25. The Wildlife Code is amended by repealing | ||||||
8 | Section 1.28a.".
|