Rep. Katherine Cloonen
Filed: 2/21/2014
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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 Oil and Gas Wells on Public Lands Act is | ||||||
5 | amended by changing Section 10 as follows:
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6 | (5 ILCS 615/10) (from Ch. 96 1/2, par. 5010)
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7 | Sec. 10. Proceeds. Except as hereinafter provided, the | ||||||
8 | proceeds derived
and bonuses, rentals and royalties from and | ||||||
9 | other inducements and
considerations for the execution and | ||||||
10 | operation of the oil and gas leases
provided for
in this Act | ||||||
11 | shall be disposed of as provided for by the State
Officers and | ||||||
12 | Employees Money Disposition Act. However, all
bonuses, rentals | ||||||
13 | and royalties received from the permitting or leasing
of lands | ||||||
14 | which have been purchased by the Department of Natural | ||||||
15 | Resources
(formerly designated the Department of Conservation) | ||||||
16 | from
moneys appropriated from the Wildlife and Fish Fund and |
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1 | which at the time of
permitting or leasing are under the | ||||||
2 | control of the Department of Natural
Resources (formerly | ||||||
3 | designated the Department of Conservation),
shall be paid into | ||||||
4 | the Wildlife and Fish Fund of the State
Treasury.
All proceeds, | ||||||
5 | bonuses, rentals, royalties, and other inducements and
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6 | considerations received from the permitting or leasing of | ||||||
7 | Department of Natural
Resources lands that have not been | ||||||
8 | purchased by the Department of Natural
Resources with moneys | ||||||
9 | appropriated from the Wildlife and Fish Fund shall be
deposited | ||||||
10 | as follows: at least 50% of the amounts received shall be | ||||||
11 | deposited
into the State Parks Fund and not more than 50% shall | ||||||
12 | be deposited into the
Plugging and Restoration Fund.
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13 | (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
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14 | Section 10. The Department of Natural Resources | ||||||
15 | (Conservation) Law of the
Civil Administrative Code of Illinois | ||||||
16 | is amended by changing Sections 805-235, 805-275, 805-335, | ||||||
17 | 805-420, 805-430, 805-550, and 805-560 as follows:
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18 | (20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
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19 | Sec. 805-235.
Lease of lands acquired by the Department; | ||||||
20 | disposition of
obsolete buildings. The Department has the power | ||||||
21 | to do and perform
each and every act or thing considered
by the | ||||||
22 | Director to be necessary or desirable to fulfill and carry out
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23 | the intent and purpose of all laws pertaining to the | ||||||
24 | Department, including the right to rehabilitate or sell at
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1 | public auction buildings or structures affixed to lands over | ||||||
2 | which the
Department has acquired jurisdiction when in the | ||||||
3 | judgment of the Director
those
buildings or structures are | ||||||
4 | obsolete, inadequate, or unusable for the
purposes
of the | ||||||
5 | Department and to lease those lands with
or without | ||||||
6 | appurtenances for a consideration in money or in kind for a
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7 | period of time not in excess of 5 years for the purposes and | ||||||
8 | upon
the terms and conditions that the Director considers to
be | ||||||
9 | in the best interests of
the State when those lands are not | ||||||
10 | immediately to be used or
developed by the
State. All those | ||||||
11 | sales shall be made subject to the written
approval of the
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12 | Governor. The funds derived from those sales and from those | ||||||
13 | leases shall be
deposited in the State Parks Fund, except that | ||||||
14 | funds derived from
those sales and from
those leases on lands | ||||||
15 | managed and operated principally as wildlife
or fisheries
areas | ||||||
16 | by the Department shall be
deposited in the Wildlife and Fish | ||||||
17 | Fund.
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18 | (Source: P.A. 91-239, eff. 1-1-00.)
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19 | (20 ILCS 805/805-275) (was 20 ILCS 805/63a27)
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20 | Sec. 805-275. Sale of gravel and other materials. The | ||||||
21 | Department has the power to sell gravel,
sand, earth, or other | ||||||
22 | material from any State of Illinois owned lands or
waters
under | ||||||
23 | the jurisdiction of the Department at a fair market price. | ||||||
24 | Fifty percent of the The proceeds
from the sales shall be | ||||||
25 | deposited into the Wildlife and
Fish Fund and 50% of the |
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1 | proceeds from the sales shall be deposited into the Illinois | ||||||
2 | Fisheries Management Fund in the State
treasury.
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3 | (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
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4 | (20 ILCS 805/805-335)
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5 | Sec. 805-335. Fees. The Department has the power to
assess | ||||||
6 | appropriate and reasonable fees for the
use of concession type | ||||||
7 | facilities as well as other facilities and sites under
the | ||||||
8 | jurisdiction of the Department, including, but not limited to, | ||||||
9 | beaches, bike trails, equestrian trails, and other types of | ||||||
10 | trails. The Department
may
regulate, by rule, the fees to be | ||||||
11 | charged. The income collected shall be
deposited into the State | ||||||
12 | Parks Fund , the or Wildlife and Fish Fund , or the Illinois | ||||||
13 | Fisheries Management Fund
depending on the classification of | ||||||
14 | the State managed facility involved. The monies deposited into | ||||||
15 | the State Parks Fund , or the Wildlife and Fish Fund , and the | ||||||
16 | Illinois Fisheries Management Fund under this Section shall not | ||||||
17 | be subject to administrative charges or chargebacks unless | ||||||
18 | otherwise authorized by this Act.
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19 | (Source: P.A. 97-1136, eff. 1-1-13.)
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20 | (20 ILCS 805/805-420) (was 20 ILCS 805/63a36)
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21 | Sec. 805-420. Appropriations from Park and Conservation | ||||||
22 | Fund. The
Department has the power to expend monies | ||||||
23 | appropriated to the
Department from the Park and Conservation | ||||||
24 | Fund in the State
treasury for conservation and park purposes.
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1 | Eighty percent of the revenue derived from fees paid for | ||||||
2 | certificates of title, duplicate
certificates of title and | ||||||
3 | corrected certificates of title and deposited in
the Park and | ||||||
4 | Conservation Fund, as provided for in Section 2-119 of the
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5 | Illinois Vehicle Code, shall be expended solely by the | ||||||
6 | Department pursuant to
an appropriation for acquisition,
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7 | development, and maintenance of bike paths, including grants | ||||||
8 | for the
acquisition and development of bike paths and 20% of | ||||||
9 | the revenue derived from fees shall be deposited into the | ||||||
10 | Illinois Fisheries Management Fund, a special fund created in | ||||||
11 | the State Treasury to be used solely for the operation of the | ||||||
12 | Division of Fisheries within the Department.
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13 | Revenue derived from fees paid for the registration of | ||||||
14 | motor vehicles of the first division and deposited in the Park | ||||||
15 | and Conservation Fund, as provided for in Section 3-806 of the | ||||||
16 | Illinois Vehicle Code, shall be expended by the Department for | ||||||
17 | the following purposes: | ||||||
18 | (A) Fifty percent of funds derived from the vehicle | ||||||
19 | registration fee shall be used by the Department for normal | ||||||
20 | operations. | ||||||
21 | (B) Fifty percent of funds derived from the vehicle | ||||||
22 | registration fee shall be used by the Department for | ||||||
23 | construction and maintenance of State owned, leased, and | ||||||
24 | managed sites. | ||||||
25 | The monies deposited into the Park and Conservation Fund | ||||||
26 | and the Illinois Fisheries Management Fund under this Section |
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1 | shall not be subject to administrative charges or chargebacks | ||||||
2 | unless otherwise authorized by this Act. | ||||||
3 | (Source: P.A. 97-1136, eff. 1-1-13.)
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4 | (20 ILCS 805/805-430) (was 20 ILCS 805/63b2.4)
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5 | Sec. 805-430. Sale of advertising. The Department has
the | ||||||
6 | power and authority to sell or exchange advertising rights in | ||||||
7 | its
publications and printed materials.
The sale of advertising | ||||||
8 | shall be subject to the rules and regulations
promulgated by | ||||||
9 | the Department. All income received from the sale of
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10 | advertising shall be deposited in the Wildlife and Fish Fund, | ||||||
11 | except that
income
received from advertising in State Park | ||||||
12 | brochures shall be deposited into
the State Parks Fund and | ||||||
13 | income received from advertising in boating or
snowmobile | ||||||
14 | program literature shall be deposited in the State Boating Act
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15 | Fund.
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16 | (Source: P.A. 91-239, eff. 1-1-00.)
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17 | (20 ILCS 805/805-550) | ||||||
18 | Sec. 805-550. Reinstatement fee. | ||||||
19 | (a) The Department may assess a fee of up to $1,000 for the | ||||||
20 | reinstatement of revoked or suspended licenses, permits, | ||||||
21 | registrations, and other privileges that it administers in the | ||||||
22 | exercise of its powers and duties under Illinois law. | ||||||
23 | (b) Revenues generated from the reinstatement of State park | ||||||
24 | privileges shall be deposited into the State Parks Fund. |
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1 | Revenues generated from the reinstatement of hunting, fishing, | ||||||
2 | trapping, ginseng, falconry, wildlife rehabilitation, and | ||||||
3 | outfitter licenses or privileges shall be deposited into the | ||||||
4 | Wildlife and Fish Fund. Revenues generated from the | ||||||
5 | reinstatement of boating and snowmobile privileges shall be | ||||||
6 | deposited into the State Boating Act Fund. Revenues generated | ||||||
7 | from the reinstatement of forestry purchasing privileges shall | ||||||
8 | be deposited into the Illinois Forestry Development Fund. Other | ||||||
9 | revenues generated from the reinstatement of a license, permit, | ||||||
10 | registration, or other privilege shall be deposited into the | ||||||
11 | State fund in which the fee for that privilege is deposited. | ||||||
12 | The Comptroller shall maintain a separate accounting of the | ||||||
13 | moneys deposited under this subsection. | ||||||
14 | (c) Moneys deposited under subsection (b) shall be used by | ||||||
15 | the Department, subject to appropriation, for the following | ||||||
16 | purposes: | ||||||
17 | (1) 85% of the moneys shall be used for the purchase of | ||||||
18 | law enforcement vehicles for use by the Department's Office | ||||||
19 | of Law Enforcement. | ||||||
20 | (2) 15% of the moneys shall be used for the promotion | ||||||
21 | of safety education by the Department's Office of Strategic | ||||||
22 | Services.
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23 | (Source: P.A. 96-1160, eff. 1-1-11; 97-1011, eff. 8-17-12.) | ||||||
24 | (20 ILCS 805/805-560) | ||||||
25 | Sec. 805-560. Entrance fees for site visitors from other |
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1 | states. | ||||||
2 | (a) The General Assembly finds that a dedicated funding | ||||||
3 | stream shall be established for the operation and maintenance | ||||||
4 | of sites owned, managed, or leased by the Department to help | ||||||
5 | ensure that these State treasures will be properly maintained | ||||||
6 | and remain accessible to the public for generations to come. | ||||||
7 | (b) The Department may charge an annual vehicle access fee | ||||||
8 | for access by site visitors from other states to properties | ||||||
9 | owned, managed, or leased by the Department. | ||||||
10 | (c) The Department may charge a daily vehicle access fee to | ||||||
11 | site visitors from other states who have not paid the current | ||||||
12 | annual vehicle access fee. | ||||||
13 | (d) The Department may establish a fine for site visitors | ||||||
14 | from other states who enter a site in a vehicle without paying | ||||||
15 | the annual vehicle access fee or daily vehicle access fee. | ||||||
16 | (e) Revenue generated by the fees and fine assessed | ||||||
17 | pursuant to this Section shall be deposited into the State | ||||||
18 | Parks Fund or the Wildlife and Fish Fund, special funds in the | ||||||
19 | State treasury. | ||||||
20 | (f) The Department shall adopt any and all rules necessary | ||||||
21 | to implement this Section. | ||||||
22 | (g) The monies deposited into the State Parks Fund or the | ||||||
23 | Wildlife and Fish Fund under this Section shall not be subject | ||||||
24 | to administrative charges or chargebacks unless otherwise | ||||||
25 | authorized by this Act.
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26 | (Source: P.A. 97-1136, eff. 1-1-13.) |
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1 | Section 15. The State Parks Act is amended by changing | ||||||
2 | Section 4c as follows:
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3 | (20 ILCS 835/4c) (from Ch. 105, par. 468.3)
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4 | Sec. 4c.
All income realized from properties under the | ||||||
5 | jurisdiction
of the Department of Natural Resources shall be | ||||||
6 | paid into
the State Parks Fund, except that income realized | ||||||
7 | from properties managed and
operated principally as wildlife, | ||||||
8 | forestry or fisheries areas shall be paid
into the Wildlife and | ||||||
9 | Fish Fund. All income realized
from violations of this Act, | ||||||
10 | other State laws and related regulations,
or local laws within | ||||||
11 | such properties, except violations of the
Fish and Aquatic Life | ||||||
12 | Code or the Wildlife Code, when such income is
derived from | ||||||
13 | fines, penalties and other actions of county or municipal law
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14 | enforcement personnel, may be retained by the county or | ||||||
15 | municipality where
the violations occurred.
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16 | The Department of Natural Resources may, upon written
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17 | authorization of the Director of the Department, establish | ||||||
18 | local
bank or savings and loan association accounts to | ||||||
19 | temporarily hold this income.
All local bank or savings and | ||||||
20 | loan association accounts established pursuant to
this Section | ||||||
21 | shall be in the name of the Department of Natural Resources and
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22 | shall be subject to regular audits. The balance in a
local bank | ||||||
23 | or savings and loan association account shall be forwarded to | ||||||
24 | the
Department of Natural Resources for deposit with the State
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1 | Treasurer on Monday of each week if the amount to be deposited | ||||||
2 | in a fund
exceeds $500 or within 30 days after deposit.
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3 | No bank or savings and loan association shall receive | ||||||
4 | public funds as
permitted by this Section, unless it has | ||||||
5 | complied with the requirements
established pursuant to Section | ||||||
6 | 6 of the Public Funds Investment Act.
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7 | (Source: P.A. 89-445, eff. 2-7-96.)
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8 | Section 20. The Firearms Training Act is amended by | ||||||
9 | changing Sections 2 and 3 as follows:
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10 | (20 ILCS 875/2) (from Ch. 127, par. 63b62)
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11 | Sec. 2.
The Department of Natural Resources shall establish | ||||||
12 | procedures
for administering the
programs. The Department may | ||||||
13 | charge fees to recover expenses and shall deposit
any fees | ||||||
14 | collected into the Wildlife and Fish Fund.
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15 | (Source: P.A. 89-75, eff. 1-1-96; 89-445, eff. 2-7-96.)
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16 | (20 ILCS 875/3) (from Ch. 127, par. 63b63)
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17 | Sec. 3.
Every program coordinator authorized by the | ||||||
18 | Director to
supervise a training program organized under this | ||||||
19 | Act shall be covered
by a liability insurance policy which | ||||||
20 | protects him from liability for
damages arising during any time | ||||||
21 | he is engaged in the operation of his
official duties. The cost | ||||||
22 | of such a program coordinator's liability
insurance policy | ||||||
23 | shall be paid by the State of Illinois and shall be a
charge on |
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1 | the wildlife and fish fund.
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2 | (Source: P.A. 81-358.)
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3 | Section 25. The State Finance Act is amended by changing | ||||||
4 | Sections 5.21 and 8.30 as follows:
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5 | (30 ILCS 105/5.21) (from Ch. 127, par. 141.21)
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6 | Sec. 5.21. The Wildlife and Fish Fund. | ||||||
7 | (Source: P.A. 81-358.)
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8 | (30 ILCS 105/8.30) (from Ch. 127, par. 144.30)
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9 | Sec. 8.30.
All moneys received from the issuance of | ||||||
10 | Lifetime
Hunting, Fishing or Sportsmen's Combination Licenses | ||||||
11 | under Section
20-45 of the Fish and Aquatic Life Code shall be | ||||||
12 | deposited
into the Fish and Wildlife Endowment Fund. All | ||||||
13 | interest earned and accrued
from monies deposited in the Fish | ||||||
14 | and Wildlife Endowment Fund shall be
deposited monthly by the | ||||||
15 | State Treasurer in the Fish and Wildlife Endowment
Fund. The | ||||||
16 | Treasurer upon request of the Director of the Department of
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17 | Natural Resources from time to time may transfer amounts
from | ||||||
18 | the Fish and
Wildlife Endowment Fund to the Wildlife and Fish | ||||||
19 | Fund, but
the annual transfers shall not exceed the annual | ||||||
20 | interest accrued to the
Fish and Wildlife Endowment Fund.
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21 | (Source: P.A. 89-445, eff. 2-7-96.)
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22 | Section 30. The Illinois Oil and Gas Act is amended by |
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1 | changing Section 22.2 as follows:
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2 | (225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436)
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3 | Sec. 22.2. Integration of interests in drilling unit.
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4 | (a) As used in
this Section, "owner" means any person
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5 | having an interest in the right to drill into and produce oil | ||||||
6 | or gas from
any pool, and to appropriate the production for | ||||||
7 | such owner or others.
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8 | (b) Except as provided in subsection (b-5), when 2 or more | ||||||
9 | separately
owned tracts of land are embraced
within an | ||||||
10 | established drilling unit, or when there are separately owned
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11 | interests in all or a part of such units, the owners of all oil | ||||||
12 | and gas
interests therein may validly agree to integrate their | ||||||
13 | interests and to
develop their lands as a drilling unit.
Where, | ||||||
14 | however, such owners have
not agreed to integrate their | ||||||
15 | interests and where no action has been
commenced seeking | ||||||
16 | permission to drill pursuant to the provisions of "An Act
in | ||||||
17 | relation to oil and gas interests in land", approved July 1, | ||||||
18 | 1939, and
where at least one of the owners has drilled or has | ||||||
19 | proposed to drill a
well on an established drilling unit the | ||||||
20 | Department on the application of
an owner shall, for the | ||||||
21 | prevention of waste or to avoid the drilling of
unnecessary | ||||||
22 | wells, require such owners to do so and to develop their lands
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23 | as a drilling unit. The Department, as a part of the order | ||||||
24 | integrating
interests, may prescribe the terms and conditions | ||||||
25 | upon which the royalty
interests in the unit or units shall, in |
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1 | the absence of voluntary
agreement, be determined to be | ||||||
2 | integrated without the necessity of a
subsequent separate order | ||||||
3 | integrating the royalty interests. Each such
integration order | ||||||
4 | shall be upon terms and conditions that are just and
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5 | reasonable.
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6 | (b-5) When 2 or more separately owned tracts of land are | ||||||
7 | embraced within
an established drilling unit, or when there are | ||||||
8 | separately owned interests in
all or a part of the unit, and | ||||||
9 | one of the owners is the Department of
Natural Resources, | ||||||
10 | integration of the separate tracts shall be allowed only
if, | ||||||
11 | following a comprehensive environmental impact review | ||||||
12 | performed by the
Department, the Department determines that no | ||||||
13 | substantial or irreversible
detrimental harm will occur on | ||||||
14 | Department lands as a result of any proposed
activities | ||||||
15 | relating to mineral extraction. The environmental impact | ||||||
16 | review
shall include but shall not be
limited to an assessment | ||||||
17 | of the potential destruction or depletion of flora and
fauna, | ||||||
18 | wildlife and its supporting habitat, surface and subsurface | ||||||
19 | water
supplies, aquatic life, and recreational activities | ||||||
20 | located on the land
proposed to be integrated. The Department | ||||||
21 | shall adopt rules necessary to
implement this subsection.
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22 | (b-6) All proceeds, bonuses, rentals, royalties, and other | ||||||
23 | inducements and
considerations received from the integration | ||||||
24 | of Department of Natural Resources
lands that have not been | ||||||
25 | purchased by the Department of Natural Resources with
moneys | ||||||
26 | appropriated from the Wildlife and Fish Fund shall be deposited |
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1 | as
follows: at least 50% of the amounts received shall be | ||||||
2 | deposited into the
State Parks Fund and not more than 50% shall | ||||||
3 | be deposited into the Plugging and
Restoration Fund.
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4 | (c) All orders requiring such integration shall be made | ||||||
5 | after notice and
hearing and shall be upon terms and conditions | ||||||
6 | that are just and reasonable
and will afford to the owners of | ||||||
7 | all oil and gas interests in each tract in
the drilling unit | ||||||
8 | the opportunity to recover or receive their just and
equitable | ||||||
9 | share of oil or gas from the drilling unit without unreasonable
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10 | expense and will prevent or minimize reasonably avoidable | ||||||
11 | drainage from
each integrated drilling unit which is not | ||||||
12 | equalized by counter drainage,
but the Department may not limit | ||||||
13 | the production from any well under this
provision. The request | ||||||
14 | shall be made by petition accompanied by a non-refundable | ||||||
15 | application fee of $1,500. The fee shall be deposited into the | ||||||
16 | Underground Resources Conservation Enforcement Fund. The | ||||||
17 | monies deposited into the Underground Resources Conservation | ||||||
18 | Enforcement Fund under this subsection shall not be subject to | ||||||
19 | administrative charges or chargebacks unless otherwise | ||||||
20 | authorized by this Act.
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21 | (d) All operations, including, but not limited to, the | ||||||
22 | commencement,
drilling, or operation of a well upon any portion | ||||||
23 | of a drilling unit shall
be deemed for all purposes the conduct | ||||||
24 | of such operations upon each
separately owned tract in the | ||||||
25 | drilling unit by the several owners thereof.
That portion of | ||||||
26 | the production allocated to a separately owned tract
included |
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1 | in a drilling unit shall, when produced, be deemed, for all
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2 | purposes, to have been actually produced from such tract by a | ||||||
3 | well drilled
thereon.
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4 | (e) In making the determination of integrating separately | ||||||
5 | owned
interests, and determining to whom the permit should be | ||||||
6 | issued, the
Department may consider:
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7 | (1) the reasons requiring the integration of separate | ||||||
8 | interests;
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9 | (2) the respective interests of the parties in the | ||||||
10 | drilling unit
sought to be established, and the pool or | ||||||
11 | pools in the field where the
proposed drilling unit is | ||||||
12 | located;
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13 | (3) any parties' prior or present compliance with the | ||||||
14 | Act and the
Department's rules; and
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15 | (4) any other information relevant to protect the | ||||||
16 | correlative rights
of the parties sought to be affected by | ||||||
17 | the integration order.
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18 | (f) Each such integration order shall authorize the | ||||||
19 | drilling, testing,
completing, equipping, and operation of a | ||||||
20 | well on the drilling unit;
provide who may drill and operate | ||||||
21 | the well; prescribe the time and manner
in which all the owners | ||||||
22 | in the drilling unit may elect to participate
therein; and make | ||||||
23 | provision for the payment by all those who elect to
participate | ||||||
24 | therein of the reasonable actual cost thereof, plus a
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25 | reasonable charge for supervision and interest. Should an owner | ||||||
26 | not elect
to voluntarily participate in the risk and costs of |
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1 | the drilling, testing,
completing and operation of a well as | ||||||
2 | determined by the Department, the
integration order shall | ||||||
3 | provide either that:
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4 | (1) the nonparticipating owner shall surrender a | ||||||
5 | leasehold interest to
the participating owners on a basis | ||||||
6 | and for such terms and consideration
the Department finds | ||||||
7 | fair and reasonable; or
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8 | (2) the nonparticipating owner shall share in a | ||||||
9 | proportionate part of
the production of oil and gas from | ||||||
10 | the drilling unit determined by the
Department, and pay a | ||||||
11 | proportionate part of operation cost after the
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12 | participating owners have recovered from the production of | ||||||
13 | oil or gas from
a well all actual costs in the drilling, | ||||||
14 | testing, completing and operation
of the well plus a | ||||||
15 | penalty to be determined by the Department of not less
than | ||||||
16 | 100% nor more than 300% of such actual costs.
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17 | (g) For the purpose of this Section, the owner or owners of | ||||||
18 | oil and gas
rights in and under an unleased tract of land shall | ||||||
19 | be regarded as a lessee
to the extent of a 7/8 interest in and | ||||||
20 | to said rights and a lessor to the
extent of the remaining 1/8 | ||||||
21 | interest therein.
| ||||||
22 | (h) In the event of any dispute relative to costs and | ||||||
23 | expenses of
drilling, testing, equipping, completing and | ||||||
24 | operating a well, the
Department shall determine the proper | ||||||
25 | costs after due notice to interested
parties and a hearing | ||||||
26 | thereon. The operator of such unit, in addition to
any other |
| |||||||
| |||||||
1 | right provided by the integration order of the Department, | ||||||
2 | shall
have a lien on the mineral leasehold estate or rights | ||||||
3 | owned by the other
owners therein and upon their shares of the | ||||||
4 | production from such unit to
the extent that costs incurred in | ||||||
5 | the development and operation upon said
unit are a charge | ||||||
6 | against such interest by order of the Department or by
| ||||||
7 | operation of law. Such liens shall be separable as to each | ||||||
8 | separate owner
within such unit, and shall remain liens until | ||||||
9 | the owner or owners drilling
or operating the well have been | ||||||
10 | paid the amount due under the terms of the
integration order. | ||||||
11 | The Department is specifically authorized to provide
that the | ||||||
12 | owner or owners drilling, or paying for the drilling, or for | ||||||
13 | the
operation of a well for the benefit of all shall be | ||||||
14 | entitled to production
from such well which would be received | ||||||
15 | by the owner or owners for whose
benefit the well was drilled | ||||||
16 | or operated, after payment of royalty, until
the owner or | ||||||
17 | owners drilling or operating the well have been paid the
amount | ||||||
18 | due under the terms of the integration order settling such | ||||||
19 | dispute.
| ||||||
20 | (Source: P.A. 97-1136, eff. 1-1-13.)
| ||||||
21 | Section 35. The Environmental Protection Act is amended by | ||||||
22 | changing Section 42 as follows: | ||||||
23 | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | ||||||
24 | Sec. 42. Civil penalties. |
| |||||||
| |||||||
1 | (a) Except as provided in this Section, any person that | ||||||
2 | violates any
provision of this Act or any regulation adopted by | ||||||
3 | the Board, or any permit
or term or condition thereof, or that | ||||||
4 | violates any order of the Board pursuant
to this Act, shall be | ||||||
5 | liable for a civil penalty of not to exceed
$50,000 for the | ||||||
6 | violation and an additional civil penalty of not to exceed
| ||||||
7 | $10,000 for each day during which the violation continues; such | ||||||
8 | penalties may,
upon order of the Board or a court of competent | ||||||
9 | jurisdiction, be made payable
to the Environmental Protection | ||||||
10 | Trust Fund, to be used in accordance with the
provisions of the | ||||||
11 | Environmental Protection Trust Fund Act. | ||||||
12 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
13 | this Section: | ||||||
14 | (1) Any person that violates Section 12(f) of this Act | ||||||
15 | or any
NPDES permit or term or condition thereof, or any | ||||||
16 | filing requirement,
regulation or order relating to the | ||||||
17 | NPDES permit program, shall be liable
to a civil penalty of | ||||||
18 | not to exceed $10,000 per day of violation. | ||||||
19 | (2) Any person that violates Section 12(g) of this Act | ||||||
20 | or any UIC permit
or term or condition thereof, or any | ||||||
21 | filing requirement, regulation or order
relating to the | ||||||
22 | State UIC program for all wells, except Class II wells as
| ||||||
23 | defined by the Board under this Act, shall be liable to a | ||||||
24 | civil penalty
not to exceed $2,500 per day of violation; | ||||||
25 | provided, however, that any person
who commits such | ||||||
26 | violations relating to the State UIC program for Class
II |
| |||||||
| |||||||
1 | wells, as defined by the Board under this Act, shall be | ||||||
2 | liable to a civil
penalty of not to exceed $10,000 for the | ||||||
3 | violation and an additional civil
penalty of not to exceed | ||||||
4 | $1,000 for each day during which the violation
continues. | ||||||
5 | (3) Any person that violates Sections 21(f), 21(g), | ||||||
6 | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||||||
7 | condition thereof, or any filing
requirement, regulation | ||||||
8 | or order relating to the State RCRA program, shall
be | ||||||
9 | liable to a civil penalty of not to exceed $25,000 per day | ||||||
10 | of violation. | ||||||
11 | (4)
In an administrative citation action under Section | ||||||
12 | 31.1 of this Act,
any person found to have violated any | ||||||
13 | provision of subsection (o) of
Section 21 of this Act shall | ||||||
14 | pay a civil penalty of $500 for each
violation of each such | ||||||
15 | provision, plus any hearing costs incurred by the Board
and | ||||||
16 | the Agency. Such penalties shall be made payable to the | ||||||
17 | Environmental
Protection Trust Fund, to be used in | ||||||
18 | accordance with the provisions of the
Environmental | ||||||
19 | Protection Trust Fund Act; except that if a unit of local
| ||||||
20 | government issued the administrative citation, 50% of the | ||||||
21 | civil penalty shall
be payable to the unit of local | ||||||
22 | government. | ||||||
23 | (4-5) In an administrative citation action under | ||||||
24 | Section 31.1 of this
Act, any person found to have violated | ||||||
25 | any
provision of subsection (p) of
Section 21, Section | ||||||
26 | 22.51, Section 22.51a, or subsection (k) of Section 55 of |
| |||||||
| |||||||
1 | this Act shall pay a civil penalty of $1,500 for each | ||||||
2 | violation
of
each such provision, plus any hearing costs | ||||||
3 | incurred by the Board and the
Agency, except that the civil | ||||||
4 | penalty amount shall be $3,000 for
each violation of any | ||||||
5 | provision of subsection (p) of Section 21, Section 22.51, | ||||||
6 | Section 22.51a, or subsection (k) of Section 55 that is the
| ||||||
7 | person's second or subsequent adjudication violation of | ||||||
8 | that
provision. The penalties shall be deposited into the
| ||||||
9 | Environmental Protection Trust Fund, to be used in | ||||||
10 | accordance with the
provisions of the Environmental | ||||||
11 | Protection Trust Fund Act; except that if a
unit of local | ||||||
12 | government issued the administrative citation, 50% of the | ||||||
13 | civil
penalty shall be payable to the unit of local | ||||||
14 | government. | ||||||
15 | (5) Any person who violates subsection 6 of Section | ||||||
16 | 39.5 of this Act
or any CAAPP permit, or term or condition | ||||||
17 | thereof, or any fee or filing
requirement, or any duty to | ||||||
18 | allow or carry out inspection, entry or
monitoring | ||||||
19 | activities, or any regulation or order relating to the | ||||||
20 | CAAPP
shall be liable for a civil penalty not to exceed | ||||||
21 | $10,000 per day of violation. | ||||||
22 | (6) Any owner or operator of a community water system | ||||||
23 | that violates subsection (b) of Section 18.1 or subsection | ||||||
24 | (a) of Section 25d-3 of this Act shall, for each day of | ||||||
25 | violation, be liable for a civil penalty not to exceed $5 | ||||||
26 | for each of the premises connected to the affected |
| |||||||
| |||||||
1 | community water system. | ||||||
2 | (b.5) In lieu of the penalties set forth in subsections (a) | ||||||
3 | and (b) of
this Section, any person who fails to file, in a | ||||||
4 | timely manner, toxic
chemical release forms with the Agency | ||||||
5 | pursuant to Section 25b-2
of this Act
shall be liable for a | ||||||
6 | civil penalty of $100 per day for
each day the forms are
late, | ||||||
7 | not to exceed a maximum total penalty of $6,000. This daily | ||||||
8 | penalty
shall begin accruing on the thirty-first day after the
| ||||||
9 | date that the person receives the warning notice issued by the | ||||||
10 | Agency pursuant
to Section 25b-6 of this Act; and the penalty | ||||||
11 | shall be paid to the Agency. The
daily accrual of penalties | ||||||
12 | shall cease as of January 1 of the following year.
All | ||||||
13 | penalties collected by the Agency pursuant to this subsection | ||||||
14 | shall be
deposited into the Environmental Protection Permit and | ||||||
15 | Inspection Fund. | ||||||
16 | (c) Any person that violates this Act, any rule or | ||||||
17 | regulation adopted under
this Act, any permit or term or | ||||||
18 | condition of a permit, or any Board order and
causes the death | ||||||
19 | of fish
or aquatic life shall, in addition to the other | ||||||
20 | penalties provided by
this Act, be liable to pay to the State | ||||||
21 | an additional sum for the
reasonable value of the fish or | ||||||
22 | aquatic life destroyed. Any money so
recovered shall be placed | ||||||
23 | in the Wildlife and Fish Fund in the State
Treasury. | ||||||
24 | (d) The penalties provided for in this Section may be | ||||||
25 | recovered in a
civil action. | ||||||
26 | (e) The State's Attorney of the county in which the |
| |||||||
| |||||||
1 | violation
occurred, or the Attorney General, may, at the | ||||||
2 | request of the Agency or
on his own motion, institute a civil | ||||||
3 | action for an injunction, prohibitory or mandatory, to
restrain | ||||||
4 | violations of this Act, any rule or regulation adopted under | ||||||
5 | this Act,
any permit or term or condition of a permit, or any | ||||||
6 | Board order, or to require such other actions as may be | ||||||
7 | necessary to address violations of this Act, any rule or | ||||||
8 | regulation adopted under this Act, any permit or term or | ||||||
9 | condition of a permit, or any Board order. | ||||||
10 | (f) The State's Attorney of the county in which the | ||||||
11 | violation
occurred, or the Attorney General, shall bring such | ||||||
12 | actions in the name
of the people of the State of Illinois.
| ||||||
13 | Without limiting any other authority which may exist for the | ||||||
14 | awarding
of attorney's fees and costs, the Board or a court of | ||||||
15 | competent
jurisdiction may award costs and reasonable | ||||||
16 | attorney's fees, including the
reasonable costs of expert | ||||||
17 | witnesses and consultants, to the State's
Attorney or the | ||||||
18 | Attorney General in a case where he has prevailed against a
| ||||||
19 | person who has committed a wilful, knowing or repeated | ||||||
20 | violation of this Act,
any rule or regulation adopted under | ||||||
21 | this Act, any permit or term or condition
of a permit, or any | ||||||
22 | Board order. | ||||||
23 | Any funds collected under this subsection (f) in which the | ||||||
24 | Attorney
General has prevailed shall be deposited in the
| ||||||
25 | Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||||||
26 | funds
collected under this subsection (f) in which a State's |
| |||||||
| |||||||
1 | Attorney has
prevailed shall be retained by the county in which | ||||||
2 | he serves. | ||||||
3 | (g) All final orders imposing civil penalties pursuant to | ||||||
4 | this Section
shall prescribe the time for payment of such | ||||||
5 | penalties. If any such
penalty is not paid within the time | ||||||
6 | prescribed, interest on such penalty
at the rate set forth in | ||||||
7 | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||||||
8 | shall be paid for the period from the date payment is due until | ||||||
9 | the
date payment is received. However, if the time for payment | ||||||
10 | is stayed during
the pendency of an appeal, interest shall not | ||||||
11 | accrue during such stay. | ||||||
12 | (h) In determining the appropriate civil penalty to be | ||||||
13 | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | ||||||
14 | (b)(5) of this
Section, the Board is authorized to consider any | ||||||
15 | matters of record in
mitigation or aggravation of penalty, | ||||||
16 | including but not limited to the
following factors: | ||||||
17 | (1) the duration and gravity of the violation; | ||||||
18 | (2) the presence or absence of due diligence on the | ||||||
19 | part of the
respondent in attempting to comply with | ||||||
20 | requirements of this
Act and regulations thereunder or to | ||||||
21 | secure relief therefrom as provided by
this Act; | ||||||
22 | (3) any economic benefits accrued by the respondent
| ||||||
23 | because of delay in compliance with requirements, in which | ||||||
24 | case the economic
benefits shall be determined by the | ||||||
25 | lowest cost alternative for achieving
compliance; | ||||||
26 | (4) the amount of monetary penalty which will serve to |
| |||||||
| |||||||
1 | deter further
violations by the respondent and to otherwise | ||||||
2 | aid in enhancing
voluntary
compliance with this Act by the | ||||||
3 | respondent and other persons
similarly
subject to the Act; | ||||||
4 | (5) the number, proximity in time, and gravity of | ||||||
5 | previously
adjudicated violations of this Act by the | ||||||
6 | respondent; | ||||||
7 | (6) whether the respondent voluntarily self-disclosed, | ||||||
8 | in accordance
with subsection (i) of this Section, the | ||||||
9 | non-compliance to the Agency; | ||||||
10 | (7) whether the respondent has agreed to undertake a | ||||||
11 | "supplemental
environmental project," which means an | ||||||
12 | environmentally beneficial project that
a respondent | ||||||
13 | agrees to undertake in settlement of an enforcement action | ||||||
14 | brought
under this Act, but which the respondent is not | ||||||
15 | otherwise legally required to
perform; and | ||||||
16 | (8) whether the respondent has successfully completed | ||||||
17 | a Compliance Commitment Agreement under subsection (a) of | ||||||
18 | Section 31 of this Act to remedy the violations that are | ||||||
19 | the subject of the complaint. | ||||||
20 | In determining the appropriate civil penalty to be imposed | ||||||
21 | under subsection
(a) or paragraph (1), (2), (3), or (5) of | ||||||
22 | subsection (b) of this Section, the
Board shall ensure, in all | ||||||
23 | cases, that the penalty is at least as great as the
economic | ||||||
24 | benefits, if any, accrued by the respondent as a result of the
| ||||||
25 | violation, unless the Board finds that imposition of such | ||||||
26 | penalty would result
in an arbitrary or unreasonable financial |
| |||||||
| |||||||
1 | hardship. However, such civil
penalty
may be off-set in whole | ||||||
2 | or in part pursuant to a supplemental
environmental project | ||||||
3 | agreed to by the complainant and the respondent. | ||||||
4 | (i) A person who voluntarily self-discloses non-compliance | ||||||
5 | to the Agency,
of which the Agency had been unaware, is | ||||||
6 | entitled to a 100% reduction in the
portion of the penalty that | ||||||
7 | is not based on the economic benefit of
non-compliance if the | ||||||
8 | person can
establish the following: | ||||||
9 | (1) that the non-compliance was discovered through an | ||||||
10 | environmental
audit or a compliance management system | ||||||
11 | documented by the regulated entity as
reflecting the | ||||||
12 | regulated entity's due diligence in preventing, detecting, | ||||||
13 | and
correcting violations; | ||||||
14 | (2) that the non-compliance was disclosed in writing | ||||||
15 | within 30 days of
the date on which the person discovered | ||||||
16 | it; | ||||||
17 | (3) that the non-compliance was discovered and | ||||||
18 | disclosed prior to: | ||||||
19 | (i) the commencement of an Agency inspection, | ||||||
20 | investigation, or request
for information; | ||||||
21 | (ii) notice of a citizen suit; | ||||||
22 | (iii) the filing of a complaint by a citizen, the | ||||||
23 | Illinois Attorney
General, or the State's Attorney of | ||||||
24 | the county in which the violation occurred; | ||||||
25 | (iv) the reporting of the non-compliance by an | ||||||
26 | employee of the person
without that person's |
| |||||||
| |||||||
1 | knowledge; or | ||||||
2 | (v) imminent discovery of the non-compliance by | ||||||
3 | the Agency; | ||||||
4 | (4) that the non-compliance is being corrected and any | ||||||
5 | environmental
harm is being remediated in a timely fashion; | ||||||
6 | (5) that the person agrees to prevent a recurrence of | ||||||
7 | the non-compliance; | ||||||
8 | (6) that no related non-compliance events have | ||||||
9 | occurred in the
past 3 years at the same facility or in the | ||||||
10 | past 5 years as part of a
pattern at multiple facilities | ||||||
11 | owned or operated by the person; | ||||||
12 | (7) that the non-compliance did not result in serious | ||||||
13 | actual
harm or present an imminent and substantial | ||||||
14 | endangerment to human
health or the environment or violate | ||||||
15 | the specific terms of any judicial or
administrative order | ||||||
16 | or consent agreement; | ||||||
17 | (8) that the person cooperates as reasonably requested | ||||||
18 | by the Agency
after the disclosure; and | ||||||
19 | (9) that the non-compliance was identified voluntarily | ||||||
20 | and not through a
monitoring, sampling, or auditing | ||||||
21 | procedure that is required by statute, rule,
permit, | ||||||
22 | judicial or administrative order, or consent agreement. | ||||||
23 | If a person can establish all of the elements under this | ||||||
24 | subsection except
the element set forth in paragraph (1) of | ||||||
25 | this subsection, the person is
entitled to a 75% reduction in | ||||||
26 | the portion of the penalty that is not based
upon the economic |
| |||||||
| |||||||
1 | benefit of non-compliance. | ||||||
2 | (j) In addition to any other remedy or penalty that may
| ||||||
3 | apply, whether civil or criminal, any person who violates | ||||||
4 | Section 22.52 of this Act shall be liable for an additional | ||||||
5 | civil penalty of up to 3 times the gross amount of any | ||||||
6 | pecuniary gain resulting from the violation.
| ||||||
7 | (k) In addition to any other remedy or penalty that may | ||||||
8 | apply, whether civil or criminal, any person who violates | ||||||
9 | subdivision (a)(7.6) of Section 31 of this Act shall be liable | ||||||
10 | for an additional civil penalty of $2,000. | ||||||
11 | (Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09; | ||||||
12 | 96-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff. | ||||||
13 | 8-23-11.) | ||||||
14 | Section 40. The Firearm Owners Identification Card Act is | ||||||
15 | amended by changing Section 5 as follows:
| ||||||
16 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
17 | Sec. 5. The Department of State Police shall either approve | ||||||
18 | or
deny all applications within 30 days from the date they are | ||||||
19 | received,
and every applicant found qualified under Section 8 | ||||||
20 | of this Act by
the Department shall be entitled to a Firearm | ||||||
21 | Owner's Identification
Card upon the payment of a $10 fee. Any | ||||||
22 | applicant who is an active duty member of the Armed Forces of | ||||||
23 | the United States, a member of the Illinois National Guard, or | ||||||
24 | a member of the Reserve Forces of the United States is exempt |
| |||||||
| |||||||
1 | from the application fee. $6 of each fee derived from the
| ||||||
2 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||
3 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||
4 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||
5 | State Police Services Fund and $3 of the fee shall be deposited | ||||||
6 | in the
State Police Firearm Services Fund.
| ||||||
7 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
8 | Section 45. The Fish and Aquatic Life Code is amended by | ||||||
9 | changing Sections 1-155, 1-215, 1-230, 5-5, 20-45, 20-85, and | ||||||
10 | 30-15 and by adding Sections 1-43 and 1-231 as follows: | ||||||
11 | (515 ILCS 5/1-43 new) | ||||||
12 | Sec. 1-43. Fisheries Division Chief. "Fisheries Division | ||||||
13 | Chief" means the top Administrator in the Division of Fisheries | ||||||
14 | in the Department of Natural Resources.
| ||||||
15 | (515 ILCS 5/1-155) (from Ch. 56, par. 1-155)
| ||||||
16 | Sec. 1-155. Conservation training schools; public | ||||||
17 | education. The
Department may establish Conservation Training | ||||||
18 | Schools and employ
technicians and other help necessary for the | ||||||
19 | purpose of
teaching conservation methods to employees of the | ||||||
20 | Department and
other interested groups as the Department deems | ||||||
21 | necessary or desirable
to carry out the provisions and purposes | ||||||
22 | of this Code.
| ||||||
23 | In order to educate the citizens of this State in the |
| |||||||
| |||||||
1 | modern trends of
conservation, the Department shall | ||||||
2 | disseminate conservation information and
the provisions of | ||||||
3 | this Code through lectures, motion pictures, photographs,
| ||||||
4 | exhibits, radio, news items, pamphlets, and other media the | ||||||
5 | Department may
deem suitable for this purpose.
| ||||||
6 | The Department may publish, periodically, a bulletin or | ||||||
7 | magazine
containing information concerning the work of the | ||||||
8 | Department, the
conservation and propagation of wildlife, | ||||||
9 | hunting and fishing, and any other
information as the | ||||||
10 | Department deems to be of general or special interest to
| ||||||
11 | sportsmen and others affected by any law administered by the | ||||||
12 | Department. A
reasonable charge may be made for each copy of | ||||||
13 | the publication. All funds
derived from the sale of that | ||||||
14 | publication shall be deposited into the
Wildlife and Fish Fund | ||||||
15 | in the State Treasury.
| ||||||
16 | The Department shall provide and maintain management and | ||||||
17 | habitat
development on State controlled lands or waters used in | ||||||
18 | propagating or
breeding aquatic life as the Department deems | ||||||
19 | necessary to conform with the
most modern conservation methods. | ||||||
20 | The Department may also cooperate in
management and habitat | ||||||
21 | development with any person propagating or breeding
aquatic | ||||||
22 | life on privately-owned lands or waters.
| ||||||
23 | (Source: P.A. 87-833.)
| ||||||
24 | (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
| ||||||
25 | Sec. 1-215. Illegal fishing devices; public nuisance. |
| |||||||
| |||||||
1 | Every fishing
device, including seines, nets, or traps, or any | ||||||
2 | electrical device or any
other devices, including vehicles, | ||||||
3 | watercraft, or aircraft, used or
operated illegally or | ||||||
4 | attempted to be used or operated illegally by any
person in | ||||||
5 | taking, transporting, holding, or conveying any aquatic life
| ||||||
6 | contrary to this Code, including administrative rules, shall be | ||||||
7 | deemed a
public nuisance and therefore illegal and subject to | ||||||
8 | seizure and
confiscation by any authorized employee of the | ||||||
9 | Department. Upon the
seizure of such an item the Department | ||||||
10 | shall take and hold the item until
disposed of as provided in | ||||||
11 | this Code.
| ||||||
12 | Upon the seizure of any device because of its illegal use, | ||||||
13 | the officer
or authorized employee of the Department making the | ||||||
14 | seizure shall, as soon
as reasonably possible, cause a | ||||||
15 | complaint to be filed before the Circuit
Court and a summons to | ||||||
16 | be issued requiring the owner or person in
possession of the | ||||||
17 | property to appear in court and show cause why the
device | ||||||
18 | seized should not be forfeited to the State. Upon the return of
| ||||||
19 | the summons duly served or upon posting or publication of | ||||||
20 | notice as provided
in this Code, the court shall proceed to | ||||||
21 | determine the question of the
illegality of the use of the | ||||||
22 | seized property. Upon judgment being entered
to the effect that | ||||||
23 | the property was illegally used, an order shall be
entered | ||||||
24 | providing for the forfeiture of the seized property to the | ||||||
25 | State.
The owner of the property, however, may have a jury | ||||||
26 | determine the
illegality of its use, and shall have the right |
| |||||||
| |||||||
1 | of an appeal as in other
civil cases. Confiscation or | ||||||
2 | forfeiture shall not preclude or mitigate
against prosecution | ||||||
3 | and assessment of penalties provided in Section 20-35
of this | ||||||
4 | Code.
| ||||||
5 | Upon seizure of any property under circumstances | ||||||
6 | supporting a
reasonable belief that the property was abandoned, | ||||||
7 | lost, stolen, or
otherwise illegally possessed or used contrary | ||||||
8 | to this
Code, except property seized during a search or arrest, | ||||||
9 | and ultimately
returned, destroyed, or otherwise disposed of | ||||||
10 | under order of a court
in accordance with this Code, the | ||||||
11 | authorized employee of the Department
shall make reasonable | ||||||
12 | inquiry and efforts to identify and notify the owner
or other | ||||||
13 | person entitled to possession of the property and shall return | ||||||
14 | the
property after the person provides reasonable and | ||||||
15 | satisfactory proof of
his or her ownership or right to | ||||||
16 | possession and reimburses the Department
for all reasonable | ||||||
17 | expenses of custody. If the identity or location of the
owner | ||||||
18 | or other person entitled to possession of the property has not | ||||||
19 | been
ascertained within 6 months after the Department obtains | ||||||
20 | possession, the
Department shall effectuate the sale of the | ||||||
21 | property for cash to the
highest bidder at a public auction. | ||||||
22 | The owner or other person entitled to
possession of the | ||||||
23 | property may claim and recover possession of the
property at | ||||||
24 | any time before its sale at public auction upon providing
| ||||||
25 | reasonable and satisfactory proof of ownership or right of | ||||||
26 | possession and
reimbursing the Department for all reasonable |
| |||||||
| |||||||
1 | expenses of custody.
| ||||||
2 | Any property forfeited to the State by court order under | ||||||
3 | this Section
may be disposed of by public auction, except that | ||||||
4 | any property that is
the subject of a court order shall not be | ||||||
5 | disposed of pending appeal
of the order. The proceeds of the | ||||||
6 | sales at auction shall be deposited in
the Illinois Fisheries | ||||||
7 | Management Wildlife and Fish Fund.
| ||||||
8 | The Department shall pay all costs of posting or | ||||||
9 | publication of
notices required by this Section.
| ||||||
10 | (Source: P.A. 87-833.)
| ||||||
11 | (515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
| ||||||
12 | Sec. 1-230. Wildlife and Fish Fund; disposition of money
| ||||||
13 | received. All fees, fines, income of whatever kind or nature | ||||||
14 | derived
from hunting and fishing activities on lands, waters, | ||||||
15 | or both under the
jurisdiction or control of the Department, | ||||||
16 | and all penalties collected under
this Code shall be deposited | ||||||
17 | into the State Treasury and
shall be set apart in a special | ||||||
18 | fund to be known as the Wildlife and Fish
Fund; except that all | ||||||
19 | fees and revenues from commercial fishing licenses, sport | ||||||
20 | fishing licenses, inland trout stamps, reimbursements from | ||||||
21 | sport fish restoration grants and Asian Carp and aquatic | ||||||
22 | invasive species grants and other grants from the federal | ||||||
23 | government, fines collected for fish kills and violations of | ||||||
24 | the Fish and Aquatic Life Code, stamps issued for fish habitat, | ||||||
25 | management, or angling events after January 1, 2015 shall be |
| |||||||
| |||||||
1 | deposited into the Illinois Fisheries Management Fund to be | ||||||
2 | used as specified under Section 1-231 of this Code; except that | ||||||
3 | fees derived solely from the sale of salmon stamps, income
from | ||||||
4 | art contests for the salmon stamp, including income from the | ||||||
5 | sale
of reprints, and gifts, donations, grants, and bequests of | ||||||
6 | money for the
conservation and propagation of salmon shall be | ||||||
7 | deposited into the State
Treasury and set apart in the special | ||||||
8 | fund to be known as the Salmon
Fund; and except that fees | ||||||
9 | derived solely from the sale of state
migratory waterfowl | ||||||
10 | stamps, and gifts, donations, grants and bequests of
money for | ||||||
11 | the conservation and propagation of waterfowl, shall be | ||||||
12 | deposited
into the State Treasury and set apart in the special | ||||||
13 | fund to be known as the
State Migratory Waterfowl Stamp Fund. | ||||||
14 | All interest that accrues from moneys
in the Wildlife and Fish | ||||||
15 | Fund, the Illinois Fisheries Management Fund, the Salmon Fund, | ||||||
16 | and the State Migratory
Waterfowl Stamp Fund shall be retained | ||||||
17 | in those funds respectively.
Except for the additional moneys | ||||||
18 | deposited under Section 805-550 of the Department of Natural | ||||||
19 | Resources (Conservation) Law of the
Civil Administrative Code | ||||||
20 | of Illinois, appropriations from the Wildlife and Fish Fund and | ||||||
21 | the Illinois Fisheries Management Fund shall be made only to | ||||||
22 | the
Department for the carrying out of the powers and functions | ||||||
23 | vested by law
in the Department
for the administration and | ||||||
24 | management of fish and wildlife resources of this State for | ||||||
25 | such activities as (i) the purchase of land for fish | ||||||
26 | hatcheries,
wildlife refuges, preserves, and public shooting |
| |||||||
| |||||||
1 | and fishing grounds; (ii)
the purchase and distribution of wild | ||||||
2 | birds, the eggs of wild birds, and
wild mammals; (iii) the | ||||||
3 | rescuing, restoring and distributing of fish; (iv)
the | ||||||
4 | maintenance of wildlife refuges or preserves, public shooting | ||||||
5 | grounds,
public fishing grounds, and fish hatcheries; and (v) | ||||||
6 | the feeding and care
of wild birds, wild mammals, and fish. | ||||||
7 | Appropriations from the Salmon Fund
shall be made only to the | ||||||
8 | Department to be used solely for the conservation
and | ||||||
9 | propagation of salmon, including construction, operation, and
| ||||||
10 | maintenance of a cold water hatchery, and for payment of the | ||||||
11 | costs of
printing salmon stamps, the expenses incurred in | ||||||
12 | acquiring salmon stamp
designs, and the expenses of producing | ||||||
13 | reprints.
| ||||||
14 | (Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11; | ||||||
15 | 96-1518, eff. 2-4-11.)
| ||||||
16 | (515 ILCS 5/1-231 new) | ||||||
17 | Sec. 1-231. Illinois Fisheries Management Fund; | ||||||
18 | disposition of money received. Beginning January 1, 2015, all | ||||||
19 | fees or revenue collected from any resident or non-resident | ||||||
20 | commercial licenses; any resident or non-resident sport | ||||||
21 | fishing licenses; inland trout stamps; all reimbursements from | ||||||
22 | sport fish restoration grants, Asian Carp and aquatic invasive | ||||||
23 | species grants, and other grants from the federal government; | ||||||
24 | fines collected from fish kills and violations of this Code; | ||||||
25 | and any new revenues created from stamps issued for fish |
| |||||||
| |||||||
1 | habitat, management, or angling events shall be deposited into | ||||||
2 | the Illinois Fisheries Management Fund to be used for the | ||||||
3 | operation of the Division of Fisheries within the Department. | ||||||
4 | The Fund may be used only for fish propagation, fish | ||||||
5 | management, fish conservation, commercial fish evaluation and | ||||||
6 | management, aquatic education projects and programs, | ||||||
7 | enforcement of this Code, expenses of operating the Division of | ||||||
8 | Fisheries within the Department of Natural Resources, | ||||||
9 | maintenance of public fishing grounds, sale of fishing | ||||||
10 | licenses, and land acquisition for the purposes of fish | ||||||
11 | propagation and providing access to sport fishing. All | ||||||
12 | expenditures must be approved by the Fisheries Division Chief.
| ||||||
13 | (515 ILCS 5/5-5) (from Ch. 56, par. 5-5)
| ||||||
14 | Sec. 5-5. Ownership and title; violations; penalties. The | ||||||
15 | ownership of
and title to all aquatic life within the | ||||||
16 | boundaries of the State, are
hereby declared to be in the | ||||||
17 | State, and no aquatic life shall be taken or
killed, in any | ||||||
18 | manner or at any time, unless the person or persons so
taking | ||||||
19 | or killing the aquatic life shall consent that the title to the
| ||||||
20 | aquatic life shall be and remain in the State for the purpose | ||||||
21 | of regulating
the taking, killing, possession, use, sale, and | ||||||
22 | transportation of aquatic
life after taking or killing, as set | ||||||
23 | forth in this Code.
| ||||||
24 | Aquatic products, as defined in the Aquaculture | ||||||
25 | Development Act, bred,
hatched, propagated, or raised by the |
| |||||||
| |||||||
1 | owner of a body of water, with the
consent of the Department of | ||||||
2 | Natural Resources through the
issuance of an
aquaculture permit | ||||||
3 | and consistent with this Section, in permitted
aquaculture | ||||||
4 | facilities in or on that body of water are the property of the
| ||||||
5 | person who bred, hatched, propagated, or raised them or that | ||||||
6 | person's
successor in interest. Ownership of aquatic products | ||||||
7 | reverts to the State
upon revocation or expiration of an | ||||||
8 | aquaculture permit as prescribed by
administrative rule.
| ||||||
9 | If any person causes any waste, sewage, thermal effluent, | ||||||
10 | or any other
pollutant to enter into, or causes or allows | ||||||
11 | pollution of, any waters of
this State so as to kill aquatic | ||||||
12 | life, the Department, through the Attorney
General, may bring | ||||||
13 | an action against that person and recover the value of
and the | ||||||
14 | related costs in determining the value of the aquatic life
| ||||||
15 | destroyed by the waste, sewage, thermal effluent, or pollution. | ||||||
16 | Any money
so recovered shall be placed into the Wildlife and | ||||||
17 | Fish Fund in the State
Treasury.
| ||||||
18 | If any person shall abandon, deposit, or otherwise place | ||||||
19 | any wire,
can, bottle, glass, paper, trash, rubbish, cardboard, | ||||||
20 | wood cartons,
boxes, trees, parts of trees, brush, or other | ||||||
21 | insoluble material,
including animal or vegetable material, | ||||||
22 | into the waters or upon the ice
of any waters of this State, or | ||||||
23 | in any place on the bank of waters of
this State where it shall | ||||||
24 | be liable to be washed into the waters either
by storms, | ||||||
25 | floods, or other causes, the person shall be in violation of | ||||||
26 | the
offense of polluting. Employees of the Department, however, |
| |||||||
| |||||||
1 | may place or
direct the placement, in the waters of the State, | ||||||
2 | of insoluble materials
deemed suitable for the purposes of | ||||||
3 | enhancing aquatic habitat. Any person
who shall be found guilty | ||||||
4 | under this Section shall be guilty of a petty
offense, and the | ||||||
5 | Court shall further order that the guilty person shall
employ | ||||||
6 | every practical means of removing the debris within a time | ||||||
7 | specified
by the Court. Failure to comply with an order under | ||||||
8 | this Section shall
constitute a Class B misdemeanor.
| ||||||
9 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
10 | (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
| ||||||
11 | Sec. 20-45. License fees for residents. Fees for licenses | ||||||
12 | for residents
of the State of Illinois shall be as follows:
| ||||||
13 | (a) Except as otherwise provided in this Section, for | ||||||
14 | sport fishing
devices as defined in Section 10-95 or | ||||||
15 | spearing devices as defined in
Section 10-110, the fee is | ||||||
16 | $14.50 for individuals 16 to 64 years old,
one-half of the | ||||||
17 | current fishing license fee for individuals age 65 or | ||||||
18 | older,
and, commencing with the 2012 license year, one-half | ||||||
19 | of the current fishing license fee for resident veterans of | ||||||
20 | the United States Armed Forces after returning from service | ||||||
21 | abroad or mobilization by the President of the United | ||||||
22 | States. Veterans must provide, to the Department at one of | ||||||
23 | the Department's 5 regional offices, verification of their | ||||||
24 | service. The Department shall establish what constitutes | ||||||
25 | suitable verification of service for the purpose of issuing |
| |||||||
| |||||||
1 | fishing licenses to resident veterans at a reduced fee.
| ||||||
2 | (b) All residents before using any commercial fishing | ||||||
3 | device shall
obtain a commercial fishing license, the fee | ||||||
4 | for which shall be $60 and a resident fishing license, the | ||||||
5 | fee for which is $14.50.
Each and every commercial device | ||||||
6 | used shall be licensed by a resident
commercial fisherman | ||||||
7 | as follows:
| ||||||
8 | (1) For each 100 lineal yards, or fraction thereof, | ||||||
9 | of seine
the fee is $18. For each minnow seine, minnow | ||||||
10 | trap, or net for commercial
purposes the fee is $20.
| ||||||
11 | (2) For each device to fish with a 100 hook trot | ||||||
12 | line
device,
basket trap, hoop net, or dip net the fee | ||||||
13 | is $3.
| ||||||
14 | (3) When used in the waters of Lake Michigan, for | ||||||
15 | the first 2000
lineal feet, or fraction thereof, of | ||||||
16 | gill net the fee is $10; and
for each 1000 additional | ||||||
17 | lineal feet, or fraction thereof, the fee is $10.
These | ||||||
18 | fees shall apply to all gill nets in use in the water | ||||||
19 | or on drying
reels on the shore.
| ||||||
20 | (4) For each 100 lineal yards, or fraction thereof, | ||||||
21 | of gill net
or trammel net the fee is $18.
| ||||||
22 | (c) Residents of the State of Illinois may obtain a | ||||||
23 | sportsmen's
combination license that shall entitle the | ||||||
24 | holder to the same
non-commercial fishing privileges as | ||||||
25 | residents holding a license as
described in subsection (a) | ||||||
26 | of this Section and to the same hunting
privileges as |
| |||||||
| |||||||
1 | residents holding a license to hunt all species as
| ||||||
2 | described in Section 3.1 of the Wildlife Code. No | ||||||
3 | sportsmen's combination
license shall be issued to any | ||||||
4 | individual who would be ineligible for
either the fishing | ||||||
5 | or hunting license separately. The sportsmen's
combination | ||||||
6 | license fee shall be $25.50.
For residents age 65 or older, | ||||||
7 | the fee is one-half of the fee charged for a
sportsmen's | ||||||
8 | combination license. The portion of the sportsmen's | ||||||
9 | combination license attributable to the fishing license | ||||||
10 | shall be deposited into the Illinois Fisheries Management | ||||||
11 | Fund, and the portion of the sportsmen's combination | ||||||
12 | license attributable to the hunting license shall be | ||||||
13 | deposited into the Wildlife Fund. For resident veterans of | ||||||
14 | the United States Armed Forces after returning from service | ||||||
15 | abroad or mobilization by the President of the United | ||||||
16 | States, the fee, commencing with the 2012 license year, is | ||||||
17 | one-half of the fee charged for a
sportsmen's combination | ||||||
18 | license. Veterans must provide to the Department, at one of | ||||||
19 | the Department's 5 regional offices, verification of their | ||||||
20 | service. The Department shall establish what constitutes | ||||||
21 | suitable verification of service for the purpose of issuing | ||||||
22 | sportsmen's
combination licenses to resident veterans at a | ||||||
23 | reduced fee.
| ||||||
24 | (d) For 24 hours of fishing
by sport fishing devices
as | ||||||
25 | defined in Section 10-95 or by spearing devices as defined | ||||||
26 | in Section
10-110 the fee is $5. This license does not |
| |||||||
| |||||||
1 | exempt the licensee from the
requirement for a salmon or | ||||||
2 | inland trout stamp. The licenses provided for
by this | ||||||
3 | subsection
are not required for residents of the State of | ||||||
4 | Illinois who have obtained the
license provided for in | ||||||
5 | subsection (a) of this Section.
| ||||||
6 | (e) All residents before using any commercial mussel | ||||||
7 | device shall
obtain a commercial mussel license, the fee | ||||||
8 | for which shall be $50.
| ||||||
9 | (f) Residents of this State, upon establishing | ||||||
10 | residency as required
by the Department, may obtain a | ||||||
11 | lifetime hunting or fishing license or
lifetime | ||||||
12 | sportsmen's combination license which shall entitle the | ||||||
13 | holder to
the same non-commercial fishing privileges as | ||||||
14 | residents holding a license
as described in paragraph (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 lifetime | ||||||
18 | sportsmen's combination
license shall be issued to or | ||||||
19 | retained by any individual
who would be ineligible for | ||||||
20 | either the fishing or hunting license
separately, either | ||||||
21 | upon issuance, or in any year a violation would
subject an | ||||||
22 | individual to have either or both fishing or hunting | ||||||
23 | privileges
rescinded. The lifetime hunting and fishing | ||||||
24 | license fees shall be as follows:
| ||||||
25 | (1) Lifetime fishing: 30 x the current fishing | ||||||
26 | license fee.
|
| |||||||
| |||||||
1 | (2) Lifetime hunting: 30 x the current hunting | ||||||
2 | license fee.
| ||||||
3 | (3) Lifetime sportsmen's combination license: 30 x | ||||||
4 | the current
sportsmen's combination license fee.
| ||||||
5 | Lifetime licenses shall not be refundable. A $10 fee shall | ||||||
6 | be charged
for reissuing any lifetime license. The Department | ||||||
7 | may establish rules and
regulations for the issuance and use of | ||||||
8 | lifetime licenses and may suspend
or revoke any lifetime | ||||||
9 | license issued under this Section for violations of
those rules | ||||||
10 | or regulations or other provisions under this Code or the
| ||||||
11 | Wildlife Code. Individuals under 16 years of age who possess a | ||||||
12 | lifetime
hunting or sportsmen's combination license shall have | ||||||
13 | in their possession,
while in the field, a certificate of | ||||||
14 | competency as required under Section
3.2 of the Wildlife Code. | ||||||
15 | Any lifetime license issued under this Section
shall not exempt | ||||||
16 | individuals from obtaining additional stamps or permits
| ||||||
17 | required under the provisions of this Code or the Wildlife | ||||||
18 | Code.
Individuals required to purchase additional stamps shall | ||||||
19 | sign the stamps
and have them in their possession while fishing | ||||||
20 | or hunting with a lifetime
license. All fees received from the | ||||||
21 | issuance
of lifetime licenses shall be deposited in the Fish | ||||||
22 | and Wildlife Endowment
Fund.
| ||||||
23 | Except for licenses issued under subsection (e) of this | ||||||
24 | Section, all
licenses provided for in this Section shall expire | ||||||
25 | on March 31 of
each year, except that the license provided for | ||||||
26 | in subsection (d) of
this Section shall expire 24 hours after |
| |||||||
| |||||||
1 | the effective date and time listed
on the face of the license.
| ||||||
2 | All individuals required to have and failing to have the | ||||||
3 | license provided
for in subsection (a) or (d) of this Section | ||||||
4 | shall be fined according to the
provisions of Section 20-35 of | ||||||
5 | this Code.
| ||||||
6 | All individuals required to have and failing to have the | ||||||
7 | licenses
provided for in subsections (b) and (e) of this | ||||||
8 | Section shall be guilty of a
Class B misdemeanor.
| ||||||
9 | (Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12; | ||||||
10 | 97-1136, eff. 1-1-13.)
| ||||||
11 | (515 ILCS 5/20-85) (from Ch. 56, par. 20-85)
| ||||||
12 | Sec. 20-85. Taxidermist license.
| ||||||
13 | (a) Before engaging in the business of taxidermy of aquatic | ||||||
14 | life , every person shall
obtain a license for that purpose from | ||||||
15 | the Department. Application for a
license shall be filed with | ||||||
16 | the Department and shall set forth the name of
the applicant; | ||||||
17 | its principal officers, if the applicant is a corporation,
or | ||||||
18 | the partners, if the applicant is a partnership; the location | ||||||
19 | of the
place of business; and any additional information the | ||||||
20 | Department may
require. The annual fee for each taxidermist | ||||||
21 | license shall be $25. All
licenses issued to taxidermists are | ||||||
22 | valid only at the location described
and designated on the | ||||||
23 | application for the license. All taxidermist licenses
shall | ||||||
24 | expire on January 31 of each year. Individuals employed
by a
| ||||||
25 | licensed taxidermist shall not be required to possess a |
| |||||||
| |||||||
1 | taxidermist license
while working for and at the place of | ||||||
2 | business of the license holder.
| ||||||
3 | Licensed taxidermists shall submit to the Department a list | ||||||
4 | naming all
individuals who will be working at the place of | ||||||
5 | business specified on the
permit. Only those individuals whose | ||||||
6 | names are on file with the Department
shall be authorized to | ||||||
7 | work under the scope of the taxidermist's license.
| ||||||
8 | (b) Taxidermists shall keep written records of all aquatic | ||||||
9 | life or parts of
aquatic life received or returned by them. | ||||||
10 | Records shall include the following
information:
| ||||||
11 | (1) The date the aquatic life was received.
| ||||||
12 | (2) The name and address of the person from whom the | ||||||
13 | aquatic life was
received.
| ||||||
14 | (3) The number and species of all aquatic life | ||||||
15 | received.
| ||||||
16 | (4) The number and state of issuance of the fishing | ||||||
17 | license, or
special Department permit, of the person from | ||||||
18 | whom the aquatic life was
received. In the absence of a | ||||||
19 | license or permit number, the taxidermist may
rely on the | ||||||
20 | written certification of the person from whom the aquatic | ||||||
21 | life was
received that the specimen was legally taken or | ||||||
22 | obtained, or, in the event the
person is exempt from the | ||||||
23 | apposite license requirements, an indication of the
| ||||||
24 | exemption.
| ||||||
25 | (c) All aquatic life or parts of aquatic life that have | ||||||
26 | been
received, preserved, mounted, or possessed by a |
| |||||||
| |||||||
1 | taxidermist are required to
bear a coded origin tag or label. | ||||||
2 | The coded origin tag or label shall
correspond with written | ||||||
3 | records containing more complete information as
required by the | ||||||
4 | Department.
| ||||||
5 | (d) Taxidermy records shall be open for inspection by any | ||||||
6 | peace officer
at any reasonable hour. Taxidermists shall | ||||||
7 | maintain records for a period
of 2 years from the date of | ||||||
8 | receipt of the aquatic life or for as long as
the specimen or | ||||||
9 | mount remains in the taxidermist's possession, whichever is
| ||||||
10 | longer.
| ||||||
11 | The Department may require the taxidermist to submit to it | ||||||
12 | any information
it deems necessary.
| ||||||
13 | (e) No taxidermist shall have in his or her possession any | ||||||
14 | aquatic
life that is not listed in his or her written records | ||||||
15 | and properly
tagged or labeled.
| ||||||
16 | (f) All persons licensed as taxidermists under this Code | ||||||
17 | who shall ship any
aquatic life or parts of aquatic life that | ||||||
18 | have been received, preserved, or
mounted shall tag or label | ||||||
19 | the shipment and the tag or label shall state the
name of the | ||||||
20 | taxidermist and the number and date of his or her license.
| ||||||
21 | (g) Nothing in this Section removes taxidermists from | ||||||
22 | responsibility for
the observance of any federal laws, rules, | ||||||
23 | or regulations that may apply to the
taxidermy business.
| ||||||
24 | (Source: P.A. 88-416; 89-66, eff. 1-1-96.)
| ||||||
25 | (515 ILCS 5/30-15) (from Ch. 56, par. 30-15)
|
| |||||||
| |||||||
1 | Sec. 30-15. Use of license fees. No funds accruing to the | ||||||
2 | State of
Illinois from license fees paid by fishermen shall be | ||||||
3 | diverted for any
other purpose than the administration of the | ||||||
4 | Department of Natural
Resources for the management of fish and | ||||||
5 | wildlife resources of the State.
| ||||||
6 | (Source: P.A. 95-853, eff. 8-18-08.)
| ||||||
7 | Section 50. The Wildlife Code is amended by changing | ||||||
8 | Sections 1.11, 1.25, 1.28, 1.30, 3.1-3, and 3.39 as follows:
| ||||||
9 | (520 ILCS 5/1.11) (from Ch. 61, par. 1.11)
| ||||||
10 | Sec. 1.11.
The Department may establish Conservation | ||||||
11 | Training Schools and employ
technicians and such other help as | ||||||
12 | may be necessary for the purpose of
teaching conservation | ||||||
13 | methods to employees of the
Department, and such other | ||||||
14 | interested groups as the Department shall
deem necessary or | ||||||
15 | desirable to carry out the provisions and purposes of
this Act.
| ||||||
16 | The Department shall, in order to educate the citizens of | ||||||
17 | this State
in the modern trends of conservation, disseminate
| ||||||
18 | conservation information and the provisions of this Act
through | ||||||
19 | the mediums of lectures, motion pictures, photographs, | ||||||
20 | pictures,
exhibits, radio, news items, pamphlets and other | ||||||
21 | media the Department
may deem suitable for this purpose.
| ||||||
22 | The Department may publish, periodically, a bulletin or | ||||||
23 | magazine
containing information concerning the work of the | ||||||
24 | Department, the
conservation and propagation of wildlife, |
| |||||||
| |||||||
1 | hunting and fishing, and any
such other information as the | ||||||
2 | Department deems to be of general or
special interest to | ||||||
3 | sportsmen and others affected by any law
administered by the | ||||||
4 | Department. A reasonable charge may be made for each
copy of | ||||||
5 | such publication. All funds derived from the sale of such
| ||||||
6 | publication shall be deposited in the Wildlife Fund and Fish | ||||||
7 | fund in the State
Treasury.
| ||||||
8 | (Source: P.A. 81-382.)
| ||||||
9 | (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
| ||||||
10 | Sec. 1.25.
Every hunting or trapping device, vehicle or | ||||||
11 | conveyance, when
used or operated illegally, or attempted to be | ||||||
12 | used or operated illegally
by any person in taking, | ||||||
13 | transporting, holding, or conveying any wild bird
or wild | ||||||
14 | mammal, contrary to the provisions of this Act, including | ||||||
15 | administrative
rules, is a public nuisance and subject to | ||||||
16 | seizure and confiscation by
any authorized employee of the | ||||||
17 | Department; upon the seizure of such item
the Department shall | ||||||
18 | take and hold the same until disposed of as hereinafter | ||||||
19 | provided.
| ||||||
20 | Upon the seizure of any property as herein provided, the | ||||||
21 | authorized employee
of the Department making such seizure shall | ||||||
22 | forthwith cause a complaint
to be filed before the Circuit | ||||||
23 | Court and a summons to be issued requiring
the person who | ||||||
24 | illegally used or operated or attempted to use or operate
such | ||||||
25 | property and the owner and person in possession of such |
| |||||||
| |||||||
1 | property to
appear in court and show cause why the property | ||||||
2 | seized should not be forfeited
to the State.
Upon the return of | ||||||
3 | the summons duly served or other notice as herein provided,
the | ||||||
4 | court shall proceed to determine the question of the illegality | ||||||
5 | of the
use of the seized property and upon judgment being | ||||||
6 | entered to the effect
that such property was illegally used, an | ||||||
7 | order may be entered providing
for the forfeiture of such | ||||||
8 | seized property to the Department and shall thereupon
become | ||||||
9 | the property of the Department; but the owner of such property | ||||||
10 | may
have a jury determine the illegality of its use, and shall | ||||||
11 | have the right
of an appeal, as in other cases. Such | ||||||
12 | confiscation or forfeiture
shall not preclude or mitigate | ||||||
13 | against prosecution and assessment of penalties
otherwise | ||||||
14 | provided in this Act.
| ||||||
15 | Upon seizure of any property under circumstances | ||||||
16 | supporting a
reasonable belief that such property was | ||||||
17 | abandoned, lost or stolen or
otherwise illegally possessed or | ||||||
18 | used contrary to the provisions of this
Act, except property | ||||||
19 | seized during a search or arrest, and ultimately
returned, | ||||||
20 | destroyed, or otherwise disposed of pursuant to order of a | ||||||
21 | court
in accordance with this Act, the authorized employee of | ||||||
22 | the Department
shall make reasonable inquiry and efforts to | ||||||
23 | identify and notify the owner
or other person entitled to | ||||||
24 | possession thereof, and shall return the
property after such | ||||||
25 | person provides reasonable and satisfactory proof of
his | ||||||
26 | ownership or right to possession and reimburses the Department |
| |||||||
| |||||||
1 | for all
reasonable expenses of such custody. If the identity or | ||||||
2 | location of the
owner or other person entitled to possession of | ||||||
3 | the property has not been
ascertained within 6 months after the | ||||||
4 | Department obtains such possession,
the Department shall | ||||||
5 | effectuate the sale of the property for cash to the
highest | ||||||
6 | bidder at a public auction. The owner or other person entitled | ||||||
7 | to
possession of such property may claim and recover possession | ||||||
8 | of the
property at any time before its sale at public auction, | ||||||
9 | upon providing
reasonable and satisfactory proof of ownership | ||||||
10 | or right of possession and
reimbursing the Department for all | ||||||
11 | reasonable expenses of custody thereof.
| ||||||
12 | Any property, including guns, forfeited to the State by | ||||||
13 | court order pursuant
to this Section, may be disposed of by | ||||||
14 | public auction, except
that any property which is the subject | ||||||
15 | of such a court order shall not be
disposed of pending appeal | ||||||
16 | of the order. The proceeds of the sales at auction
shall be | ||||||
17 | deposited in the Wildlife and Fish Fund.
| ||||||
18 | The Department shall pay all costs of notices required by | ||||||
19 | this Section.
| ||||||
20 | (Source: P.A. 85-152.)
| ||||||
21 | (520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
| ||||||
22 | Sec. 1.28. Fees and fines; deposit in funds. All fees, | ||||||
23 | fines,
including bond forfeitures, income of whatsoever
kind or | ||||||
24 | nature derived from hunting and fishing activities on lands or | ||||||
25 | waters
or both under the jurisdiction or control of the |
| |||||||
| |||||||
1 | Department, and all penalties
collected under this Act shall be | ||||||
2 | deposited in the State Treasury and
shall be set apart in a | ||||||
3 | special fund to be known as the "Wildlife and Fish
Fund"; | ||||||
4 | except that all fees and revenues from commercial fishing | ||||||
5 | licenses, sport fishing licenses, inland trout stamps, | ||||||
6 | reimbursements from sport fish restoration grants and Asian | ||||||
7 | Carp and aquatic invasive species grants and other grants from | ||||||
8 | the federal government, fines collected for fish kills and | ||||||
9 | violations of the Fish and Aquatic Life Code, stamps issued for | ||||||
10 | fish habitat, management, or angling events after January 1, | ||||||
11 | 2015 shall be deposited into the Illinois Fisheries Management | ||||||
12 | Fund to be used as specified in Section 1-231 of the Fish and | ||||||
13 | Aquatic Life Code; except that fees derived solely from the | ||||||
14 | sale of salmon stamps,
income from art contests for the salmon | ||||||
15 | stamp, including income from the
sale of reprints, and gifts, | ||||||
16 | donations, grants and bequests of money for
the conservation | ||||||
17 | and propagation of salmon shall be deposited in the State
| ||||||
18 | Treasury and set apart in the special fund to be known as the | ||||||
19 | "Salmon
Fund"; and except that fees derived solely from the | ||||||
20 | sale of state migratory
waterfowl stamps, and gifts, donations, | ||||||
21 | grants and bequests of money for
the conservation and | ||||||
22 | propagation of waterfowl shall be deposited in the
special fund | ||||||
23 | to be known as the "State Migratory Waterfowl Stamp Fund";
and | ||||||
24 | except that, of fees derived
solely from the sale of State | ||||||
25 | Habitat Stamps, 64% shall be deposited into the Illinois | ||||||
26 | Habitat Fund, 30% into the State Pheasant Fund,
and 6% into the |
| |||||||
| |||||||
1 | State Furbearer Fund. Income generated from the sale of
artwork | ||||||
2 | associated with the State Habitat Stamps shall be deposited | ||||||
3 | into
the Illinois Habitat Fund.
All interest that accrues from | ||||||
4 | monies deposited into the Wildlife and
Fish Fund, the Illinois | ||||||
5 | Fisheries Management Fund, the Salmon Fund, the State Migratory | ||||||
6 | Waterfowl Stamp Fund, the
State Furbearer Fund, the State | ||||||
7 | Pheasant Fund, and the
Illinois Habitat Fund shall be deposited | ||||||
8 | into those funds, respectively.
Appropriations from the | ||||||
9 | "Wildlife and
Fish Fund" shall be made only to the Department | ||||||
10 | for the carrying out of
the powers and functions vested by law | ||||||
11 | in the Department
for the administration and management of fish | ||||||
12 | and wildlife resources of this State for such activities as the | ||||||
13 | purchase of land for fish hatcheries, wildlife refuges,
| ||||||
14 | preserves and public shooting and fishing grounds; the purchase | ||||||
15 | and
distribution of wild birds, the eggs of wild birds, and | ||||||
16 | wild mammals for
rescuing, restoring and distributing fish ; the | ||||||
17 | maintenance of wildlife
refuges, or preserves, public shooting | ||||||
18 | grounds , public fishing grounds and
fish hatcheries ; and the | ||||||
19 | feeding and care of wild birds and , wild
animals and fish .
| ||||||
20 | (Source: P.A. 95-853, eff. 8-18-08.)
| ||||||
21 | (520 ILCS 5/1.30) (from Ch. 61, par. 1.30)
| ||||||
22 | Sec. 1.30.
The Department has the authority to sell
Federal | ||||||
23 | Migratory Bird Hunting and Conservation Stamps.
The Department | ||||||
24 | may consign, issue or otherwise make
available such stamps for | ||||||
25 | sale by designated agents as
authorized in Section 3.37 of this |
| |||||||
| |||||||
1 | Act. The income
received from the sale of Federal Migratory | ||||||
2 | Bird Hunting
and Conservation Stamps shall be deposited in the | ||||||
3 | Wildlife
and Fish Fund. Proceeds collected, less | ||||||
4 | administrative fees
so authorized, shall be remitted to the | ||||||
5 | United States Fish
and Wildlife Services.
| ||||||
6 | (Source: P.A. 85-966.)
| ||||||
7 | (520 ILCS 5/3.1-3)
| ||||||
8 | Sec. 3.1-3. Deer and wild turkey outfitter permit; | ||||||
9 | application and fees. Before
any person provides or offers to | ||||||
10 | provide, for compensation, outfitting services
for deer or
wild | ||||||
11 | turkey hunting, that person must apply for and receive a permit | ||||||
12 | from the
Department. The
annual fee for resident outfitter | ||||||
13 | permits shall not exceed $1,000. The annual
fee for
nonresident | ||||||
14 | outfitter permits shall not exceed $2,500. All outfitter permit
| ||||||
15 | fees shall be
deposited into the Wildlife and Fish Fund. The | ||||||
16 | criteria, definitions,
application process,
fees, and | ||||||
17 | standards of outfitting services shall be provided by
| ||||||
18 | administrative rule.
| ||||||
19 | (Source: P.A. 92-177, eff. 7-27-01.)
| ||||||
20 | (520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
| ||||||
21 | Sec. 3.39.
Residents of the State of Illinois may obtain a | ||||||
22 | Sportsmen's
Combination License which shall entitle the holder | ||||||
23 | to the same
non-commercial fishing privileges as residents | ||||||
24 | holding a fishing license
described in subparagraph (a) of |
| |||||||
| |||||||
1 | Section 20-45 of the Fish and Aquatic Life
Code, and to the | ||||||
2 | same hunting privileges as residents holding a license to
hunt | ||||||
3 | all species, as described in Section 3.1 of this Act. The | ||||||
4 | portion of the sportsmen's combination license attributable to | ||||||
5 | the fishing license shall be deposited into the Illinois | ||||||
6 | Fisheries Management Fund, and the portion of the sportsmen's | ||||||
7 | combination license attributable to the hunting license shall | ||||||
8 | be deposited into the Wildlife Fund. However, no
Sportsmen's | ||||||
9 | Combination License shall be issued to any person who would be
| ||||||
10 | ineligible for either the fishing or hunting license | ||||||
11 | separately. The
Sportsmen's Combination License fee shall be | ||||||
12 | $25.50.
For residents age 65 or older, the fee is one-half of | ||||||
13 | the fee charged for a
Sportsmen's Combination License.
| ||||||
14 | (Source: P.A. 96-831, eff. 1-1-10.)
| ||||||
15 | (520 ILCS 5/1.28a rep.)
| ||||||
16 | Section 55. The Wildlife Code is amended by repealing | ||||||
17 | Section 1.28a.
| ||||||
18 | Section 60. The Ginseng Harvesting Act is amended by | ||||||
19 | changing Section 2g as follows:
| ||||||
20 | (525 ILCS 20/2g) (from Ch. 61, par. 514)
| ||||||
21 | Sec. 2g.
All fees, fines, and other income of whatsoever | ||||||
22 | kind or nature
derived from this Act shall be deposited in the | ||||||
23 | Wildlife and Fish Fund in
the State treasury.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-680.)".
|