Rep. Katherine Cloonen

Filed: 4/12/2013

 

 


 

 


 
09800HB0738ham001LRB098 03569 CEL 44328 a

1
AMENDMENT TO HOUSE BILL 738

2    AMENDMENT NO. ______. Amend House Bill 738 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of Illinois
6is amended by changing Sections 805-275 and 805-335 as follows:
 
7    (20 ILCS 805/805-275)  (was 20 ILCS 805/63a27)
8    Sec. 805-275. Sale of gravel and other materials. The
9Department has the power to sell gravel, sand, earth, or other
10material from any State of Illinois owned lands or waters under
11the jurisdiction of the Department at a fair market price. The
12proceeds from the sales shall be deposited into the Wildlife
13and Fish Fund or the Illinois Fisheries Management Fund in the
14State treasury.
15(Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
 

 

 

09800HB0738ham001- 2 -LRB098 03569 CEL 44328 a

1    (20 ILCS 805/805-335)
2    Sec. 805-335. Fees. The Department has the power to assess
3appropriate and reasonable fees for the use of concession type
4facilities as well as other facilities and sites under the
5jurisdiction of the Department, including, but not limited to,
6beaches, bike trails, equestrian trails, and other types of
7trails. The Department may regulate, by rule, the fees to be
8charged. The income collected shall be deposited into the State
9Parks Fund, the or Wildlife and Fish Fund, or the Illinois
10Fisheries Management Fund depending on the classification of
11the State managed facility involved. The monies deposited into
12the State Parks Fund, or the Wildlife and Fish Fund, and the
13Illinois Fisheries Management Fund under this Section shall not
14be subject to administrative charges or chargebacks unless
15otherwise authorized by this Act.
16(Source: P.A. 97-1136, eff. 1-1-13.)
 
17    Section 10. The State Finance Act is amended by changing
18Section 5.21 and by adding Section 5.826 as follows:
 
19    (30 ILCS 105/5.21)  (from Ch. 127, par. 141.21)
20    Sec. 5.21. The Wildlife and Fish Fund.
21(Source: P.A. 81-358.)
 
22    (30 ILCS 105/5.826 new)
23    Sec. 5.826. The Illinois Fisheries Management Fund.
 

 

 

09800HB0738ham001- 3 -LRB098 03569 CEL 44328 a

1    Section 15. The Fish and Aquatic Life Code is amended by
2changing Sections 1-215, 1-230, 20-45, 20-85, and 30-15 and by
3adding Sections 1-43 and 1-231 as follows:
 
4    (515 ILCS 5/1-43 new)
5    Sec. 1-43. Fisheries Division Chief. "Fisheries Division
6Chief" means the top Administrator in the Division of Fisheries
7in the Department of Natural Resources.
 
8    (515 ILCS 5/1-215)  (from Ch. 56, par. 1-215)
9    Sec. 1-215. Illegal fishing devices; public nuisance.
10Every fishing device, including seines, nets, or traps, or any
11electrical device or any other devices, including vehicles,
12watercraft, or aircraft, used or operated illegally or
13attempted to be used or operated illegally by any person in
14taking, transporting, holding, or conveying any aquatic life
15contrary to this Code, including administrative rules, shall be
16deemed a public nuisance and therefore illegal and subject to
17seizure and confiscation by any authorized employee of the
18Department. Upon the seizure of such an item the Department
19shall take and hold the item until disposed of as provided in
20this Code.
21    Upon the seizure of any device because of its illegal use,
22the officer or authorized employee of the Department making the
23seizure shall, as soon as reasonably possible, cause a

 

 

09800HB0738ham001- 4 -LRB098 03569 CEL 44328 a

1complaint to be filed before the Circuit Court and a summons to
2be issued requiring the owner or person in possession of the
3property to appear in court and show cause why the device
4seized should not be forfeited to the State. Upon the return of
5the summons duly served or upon posting or publication of
6notice as provided in this Code, the court shall proceed to
7determine the question of the illegality of the use of the
8seized property. Upon judgment being entered to the effect that
9the property was illegally used, an order shall be entered
10providing for the forfeiture of the seized property to the
11State. The owner of the property, however, may have a jury
12determine the illegality of its use, and shall have the right
13of an appeal as in other civil cases. Confiscation or
14forfeiture shall not preclude or mitigate against prosecution
15and assessment of penalties provided in Section 20-35 of this
16Code.
17    Upon seizure of any property under circumstances
18supporting a reasonable belief that the property was abandoned,
19lost, stolen, or otherwise illegally possessed or used contrary
20to this Code, except property seized during a search or arrest,
21and ultimately returned, destroyed, or otherwise disposed of
22under order of a court in accordance with this Code, the
23authorized employee of the Department shall make reasonable
24inquiry and efforts to identify and notify the owner or other
25person entitled to possession of the property and shall return
26the property after the person provides reasonable and

 

 

09800HB0738ham001- 5 -LRB098 03569 CEL 44328 a

1satisfactory proof of his or her ownership or right to
2possession and reimburses the Department for all reasonable
3expenses of custody. If the identity or location of the owner
4or other person entitled to possession of the property has not
5been ascertained within 6 months after the Department obtains
6possession, the Department shall effectuate the sale of the
7property for cash to the highest bidder at a public auction.
8The owner or other person entitled to possession of the
9property may claim and recover possession of the property at
10any time before its sale at public auction upon providing
11reasonable and satisfactory proof of ownership or right of
12possession and reimbursing the Department for all reasonable
13expenses of custody.
14    Any property forfeited to the State by court order under
15this Section may be disposed of by public auction, except that
16any property that is the subject of a court order shall not be
17disposed of pending appeal of the order. The proceeds of the
18sales at auction shall be deposited in the Illinois Fisheries
19Management Wildlife and Fish Fund.
20    The Department shall pay all costs of posting or
21publication of notices required by this Section.
22(Source: P.A. 87-833.)
 
23    (515 ILCS 5/1-230)  (from Ch. 56, par. 1-230)
24    Sec. 1-230. Wildlife and Fish Fund; disposition of money
25received. All fees, fines, income of whatever kind or nature

 

 

09800HB0738ham001- 6 -LRB098 03569 CEL 44328 a

1derived from hunting and fishing activities on lands, waters,
2or both under the jurisdiction or control of the Department,
3and all penalties collected under this Code shall be deposited
4into the State Treasury and shall be set apart in a special
5fund to be known as the Wildlife and Fish Fund; except that all
6fees and revenues from commercial fishing licenses, sport
7fishing licenses, inland trout stamps, reimbursements from
8sport fish restoration grants and Asian Carp and aquatic
9invasive species grants and other grants from the federal
10government, fines collected for fish kills and violations of
11the Fish and Aquatic Life Code, stamps issued for fish habitat,
12management, or angling events after January 1, 2013 shall be
13deposited into the Illinois Fisheries Management Fund, a
14special fund created in the State Treasury to be used for the
15operation of the Division of Fisheries within the Department;
16except that fees derived solely from the sale of salmon stamps,
17income from art contests for the salmon stamp, including income
18from the sale of reprints, and gifts, donations, grants, and
19bequests of money for the conservation and propagation of
20salmon shall be deposited into the State Treasury and set apart
21in the special fund to be known as the Salmon Fund; and except
22that fees derived solely from the sale of state migratory
23waterfowl stamps, and gifts, donations, grants and bequests of
24money for the conservation and propagation of waterfowl, shall
25be deposited into the State Treasury and set apart in the
26special fund to be known as the State Migratory Waterfowl Stamp

 

 

09800HB0738ham001- 7 -LRB098 03569 CEL 44328 a

1Fund. All interest that accrues from moneys in the Wildlife and
2Fish Fund, the Illinois Fisheries Management Fund, the Salmon
3Fund, and the State Migratory Waterfowl Stamp Fund shall be
4retained in those funds respectively. Except for the additional
5moneys deposited under Section 805-550 of the Department of
6Natural Resources (Conservation) Law of the Civil
7Administrative Code of Illinois, appropriations from the
8Wildlife and Fish Fund and the Illinois Fisheries Management
9Fund shall be made only to the Department for the carrying out
10of the powers and functions vested by law in the Department for
11the administration and management of fish and wildlife
12resources of this State for such activities as (i) the purchase
13of land for fish hatcheries, wildlife refuges, preserves, and
14public shooting and fishing grounds; (ii) the purchase and
15distribution of wild birds, the eggs of wild birds, and wild
16mammals; (iii) the rescuing, restoring and distributing of
17fish; (iv) the maintenance of wildlife refuges or preserves,
18public shooting grounds, public fishing grounds, and fish
19hatcheries; and (v) the feeding and care of wild birds, wild
20mammals, and fish. Appropriations from the Salmon Fund shall be
21made only to the Department to be used solely for the
22conservation and propagation of salmon, including
23construction, operation, and maintenance of a cold water
24hatchery, and for payment of the costs of printing salmon
25stamps, the expenses incurred in acquiring salmon stamp
26designs, and the expenses of producing reprints.

 

 

09800HB0738ham001- 8 -LRB098 03569 CEL 44328 a

1(Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11;
296-1518, eff. 2-4-11.)
 
3    (515 ILCS 5/1-231 new)
4    Sec. 1-231. Illinois Fisheries Management Fund;
5disposition of money received. Beginning January 1, 2013, all
6fees or revenue collected from any resident or non-resident
7commercial license; any resident or non-resident sport fishing
8licenses; inland trout stamps; all reimbursements from sport
9fish restoration grants, Asian Carp and aquatic invasive
10species grants, and other grants from the federal government;
11fines collected from fish kills and violations of the Fish and
12Aquatic Life Code; and any new revenues created from stamps
13issued for fish habitat, management, or angling events shall be
14deposited into the Illinois Fisheries Management Fund, a
15special fund created in the State Treasury to be used for the
16operation of the Division of Fisheries within the Department.
17The Fund can be used only for fish propagation, management,
18conservation, commercial fish evaluation and management,
19aquatic education projects and programs, law enforcement,
20expenses of operating the Division of Fisheries within the
21Department of Natural Resources, and land acquisition that
22provides access to sport fishing that have been approved by the
23Fisheries Division Chief.
 
24    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)

 

 

09800HB0738ham001- 9 -LRB098 03569 CEL 44328 a

1    Sec. 20-45. License fees for residents. Fees for licenses
2for residents of the State of Illinois shall be as follows:
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.
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:
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.
26            (2) For each device to fish with a 100 hook trot

 

 

09800HB0738ham001- 10 -LRB098 03569 CEL 44328 a

1        line device, basket trap, hoop net, or dip net the fee
2        is $3.
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.
9            (4) For each 100 lineal yards, or fraction thereof,
10        of gill net or trammel net the fee is $18.
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
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

 

 

09800HB0738ham001- 11 -LRB098 03569 CEL 44328 a

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.
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.
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.
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

 

 

09800HB0738ham001- 12 -LRB098 03569 CEL 44328 a

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:
14            (1) Lifetime fishing: 30 x the current fishing
15        license fee.
16            (2) Lifetime hunting: 30 x the current hunting
17        license fee.
18            (3) Lifetime sportsmen's combination license: 30 x
19        the current sportsmen's combination license fee.
20    Lifetime licenses shall not be refundable. A $10 fee shall
21be charged for reissuing any lifetime license. The Department
22may establish rules and regulations for the issuance and use of
23lifetime licenses and may suspend or revoke any lifetime
24license issued under this Section for violations of those rules
25or regulations or other provisions under this Code or the
26Wildlife Code. Individuals under 16 years of age who possess a

 

 

09800HB0738ham001- 13 -LRB098 03569 CEL 44328 a

1lifetime hunting or sportsmen's combination license shall have
2in their possession, while in the field, a certificate of
3competency as required under Section 3.2 of the Wildlife Code.
4Any lifetime license issued under this Section shall not exempt
5individuals from obtaining additional stamps or permits
6required under the provisions of this Code or the Wildlife
7Code. Individuals required to purchase additional stamps shall
8sign the stamps and have them in their possession while fishing
9or hunting with a lifetime license. All fees received from the
10issuance of lifetime licenses shall be deposited in the Fish
11and Wildlife Endowment Fund.
12    Except for licenses issued under subsection (e) of this
13Section, all licenses provided for in this Section shall expire
14on March 31 of each year, except that the license provided for
15in subsection (d) of this Section shall expire 24 hours after
16the effective date and time listed on the face of the license.
17    All individuals required to have and failing to have the
18license provided for in subsection (a) or (d) of this Section
19shall be fined according to the provisions of Section 20-35 of
20this Code.
21    All individuals required to have and failing to have the
22licenses provided for in subsections (b) and (e) of this
23Section shall be guilty of a Class B misdemeanor.
24(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12;
2597-1136, eff. 1-1-13.)
 

 

 

09800HB0738ham001- 14 -LRB098 03569 CEL 44328 a

1    (515 ILCS 5/20-85)  (from Ch. 56, par. 20-85)
2    Sec. 20-85. Taxidermist license.
3    (a) Before engaging in the business of taxidermy of aquatic
4life, every person shall obtain a license for that purpose from
5the Department. Application for a license shall be filed with
6the Department and shall set forth the name of the applicant;
7its principal officers, if the applicant is a corporation, or
8the partners, if the applicant is a partnership; the location
9of the place of business; and any additional information the
10Department may require. The annual fee for each taxidermist
11license shall be $25. All licenses issued to taxidermists are
12valid only at the location described and designated on the
13application for the license. All taxidermist licenses shall
14expire on January 31 of each year. Individuals employed by a
15licensed taxidermist shall not be required to possess a
16taxidermist license while working for and at the place of
17business of the license holder.
18    Licensed taxidermists shall submit to the Department a list
19naming all individuals who will be working at the place of
20business specified on the permit. Only those individuals whose
21names are on file with the Department shall be authorized to
22work under the scope of the taxidermist's license.
23    (b) Taxidermists shall keep written records of all aquatic
24life or parts of aquatic life received or returned by them.
25Records shall include the following information:
26        (1) The date the aquatic life was received.

 

 

09800HB0738ham001- 15 -LRB098 03569 CEL 44328 a

1        (2) The name and address of the person from whom the
2    aquatic life was received.
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
13    exemption.
14    (c) All aquatic life or parts of aquatic life that have
15been received, preserved, mounted, or possessed by a
16taxidermist are required to bear a coded origin tag or label.
17The coded origin tag or label shall correspond with written
18records containing more complete information as required by the
19Department.
20    (d) Taxidermy records shall be open for inspection by any
21peace officer at any reasonable hour. Taxidermists shall
22maintain records for a period of 2 years from the date of
23receipt of the aquatic life or for as long as the specimen or
24mount remains in the taxidermist's possession, whichever is
25longer.
26    The Department may require the taxidermist to submit to it

 

 

09800HB0738ham001- 16 -LRB098 03569 CEL 44328 a

1any information it deems necessary.
2    (e) No taxidermist shall have in his or her possession any
3aquatic life that is not listed in his or her written records
4and properly tagged or labeled.
5    (f) All persons licensed as taxidermists under this Code
6who shall ship any aquatic life or parts of aquatic life that
7have been received, preserved, or mounted shall tag or label
8the shipment and the tag or label shall state the name of the
9taxidermist and the number and date of his or her license.
10    (g) Nothing in this Section removes taxidermists from
11responsibility for the observance of any federal laws, rules,
12or 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
16State of Illinois from license fees paid by fishermen shall be
17diverted for any other purpose than the administration of the
18Department of Natural Resources for the management of fish and
19wildlife resources of the State.
20(Source: P.A. 95-853, eff. 8-18-08.)
 
21    Section 20. The Wildlife Code is amended by changing
22Sections 1.25, 1.28, and 3.39 as follows:
 
23    (520 ILCS 5/1.25)  (from Ch. 61, par. 1.25)

 

 

09800HB0738ham001- 17 -LRB098 03569 CEL 44328 a

1    Sec. 1.25. Every hunting or trapping device, vehicle or
2conveyance, when used or operated illegally, or attempted to be
3used or operated illegally by any person in taking,
4transporting, holding, or conveying any wild bird or wild
5mammal, contrary to the provisions of this Act, including
6administrative rules, is a public nuisance and subject to
7seizure and confiscation by any authorized employee of the
8Department; upon the seizure of such item the Department shall
9take and hold the same until disposed of as hereinafter
10provided.
11    Upon the seizure of any property as herein provided, the
12authorized employee of the Department making such seizure shall
13forthwith cause a complaint to be filed before the Circuit
14Court and a summons to be issued requiring the person who
15illegally used or operated or attempted to use or operate such
16property and the owner and person in possession of such
17property to appear in court and show cause why the property
18seized should not be forfeited to the State. Upon the return of
19the summons duly served or other notice as herein provided, the
20court shall proceed to determine the question of the illegality
21of the use of the seized property and upon judgment being
22entered to the effect that such property was illegally used, an
23order may be entered providing for the forfeiture of such
24seized property to the Department and shall thereupon become
25the property of the Department; but the owner of such property
26may have a jury determine the illegality of its use, and shall

 

 

09800HB0738ham001- 18 -LRB098 03569 CEL 44328 a

1have the right of an appeal, as in other cases. Such
2confiscation or forfeiture shall not preclude or mitigate
3against prosecution and assessment of penalties otherwise
4provided in this Act.
5    Upon seizure of any property under circumstances
6supporting a reasonable belief that such property was
7abandoned, lost or stolen or otherwise illegally possessed or
8used contrary to the provisions of this Act, except property
9seized during a search or arrest, and ultimately returned,
10destroyed, or otherwise disposed of pursuant to order of a
11court in accordance with this Act, the authorized employee of
12the Department shall make reasonable inquiry and efforts to
13identify and notify the owner or other person entitled to
14possession thereof, and shall return the property after such
15person provides reasonable and satisfactory proof of his
16ownership or right to possession and reimburses the Department
17for all reasonable expenses of such custody. If the identity or
18location of the owner or other person entitled to possession of
19the property has not been ascertained within 6 months after the
20Department obtains such possession, the Department shall
21effectuate the sale of the property for cash to the highest
22bidder at a public auction. The owner or other person entitled
23to possession of such property may claim and recover possession
24of the property at any time before its sale at public auction,
25upon providing reasonable and satisfactory proof of ownership
26or right of possession and reimbursing the Department for all

 

 

09800HB0738ham001- 19 -LRB098 03569 CEL 44328 a

1reasonable expenses of custody thereof.
2    Any property, including guns, forfeited to the State by
3court order pursuant to this Section, may be disposed of by
4public auction, except that any property which is the subject
5of such a court order shall not be disposed of pending appeal
6of the order. The proceeds of the sales at auction shall be
7deposited in the Wildlife and Fish Fund.
8    The Department shall pay all costs of notices required by
9this 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,
13fines, including bond forfeitures, income of whatsoever kind or
14nature derived from hunting and fishing activities on lands or
15waters or both under the jurisdiction or control of the
16Department, and all penalties collected under this Act shall be
17deposited in the State Treasury and shall be set apart in a
18special fund to be known as the "Wildlife and Fish Fund";
19except that all fees and revenues from commercial fishing
20licenses, sport fishing licenses, inland trout stamps,
21reimbursements from sport fish restoration grants and Asian
22Carp and aquatic invasive species grants and other grants from
23the federal government, fines collected for fish kills and
24violations of the Fish and Aquatic Life Code, stamps issued for
25fish habitat, management, or angling events after January 1,

 

 

09800HB0738ham001- 20 -LRB098 03569 CEL 44328 a

12013 shall be deposited into the Illinois Fisheries Management
2Fund, a special fund created in the State Treasury to be used
3for the operation of the Division of Fisheries within the
4Department; except that fees derived solely from the sale of
5salmon stamps, income from art contests for the salmon stamp,
6including income from the sale of reprints, and gifts,
7donations, grants and bequests of money for the conservation
8and propagation of salmon shall be deposited in the State
9Treasury and set apart in the special fund to be known as the
10"Salmon Fund"; and except that fees derived solely from the
11sale of state migratory waterfowl stamps, and gifts, donations,
12grants and bequests of money for the conservation and
13propagation of waterfowl shall be deposited in the special fund
14to be known as the "State Migratory Waterfowl Stamp Fund"; and
15except that, of fees derived solely from the sale of State
16Habitat Stamps, 64% shall be deposited into the Illinois
17Habitat Fund, 30% into the State Pheasant Fund, and 6% into the
18State Furbearer Fund. Income generated from the sale of artwork
19associated with the State Habitat Stamps shall be deposited
20into the Illinois Habitat Fund. All interest that accrues from
21monies deposited into the Wildlife and Fish Fund, the Illinois
22Fisheries Management Fund, the Salmon Fund, the State Migratory
23Waterfowl Stamp Fund, the State Furbearer Fund, the State
24Pheasant Fund, and the Illinois Habitat Fund shall be deposited
25into those funds, respectively. Appropriations from the
26"Wildlife and Fish Fund" shall be made only to the Department

 

 

09800HB0738ham001- 21 -LRB098 03569 CEL 44328 a

1for the carrying out of the powers and functions vested by law
2in the Department for the administration and management of fish
3and wildlife resources of this State for such activities as the
4purchase of land for fish hatcheries, wildlife refuges,
5preserves and public shooting and fishing grounds; the purchase
6and distribution of wild birds, the eggs of wild birds, and
7wild mammals for rescuing, restoring and distributing fish; the
8maintenance of wildlife refuges, or preserves, public shooting
9grounds, public fishing grounds and fish hatcheries; and the
10feeding 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
14Sportsmen's Combination License which shall entitle the holder
15to the same non-commercial fishing privileges as residents
16holding a fishing license described in subparagraph (a) of
17Section 20-45 of the Fish and Aquatic Life Code, and to the
18same hunting privileges as residents holding a license to hunt
19all species, as described in Section 3.1 of this Act. The
20portion of the sportsmen's combination license attributable to
21the fishing license shall be deposited in the Illinois
22Fisheries Management Fund, and the portion of the sportsmen's
23combination license attributable to the hunting license shall
24be deposited in the Wildlife Fund. However, no Sportsmen's
25Combination License shall be issued to any person who would be

 

 

09800HB0738ham001- 22 -LRB098 03569 CEL 44328 a

1ineligible for either the fishing or hunting license
2separately. The Sportsmen's Combination License fee shall be
3$25.50. For residents age 65 or older, the fee is one-half of
4the 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
8Section 1.28a.".