Rep. Katherine Cloonen
Filed: 4/8/2014
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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 or the |
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1 | Illinois Fisheries Management Fund and which at the time of
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2 | permitting or leasing are under the control of the Department | ||||||
3 | of Natural
Resources (formerly designated the Department of | ||||||
4 | Conservation),
shall be paid equally into the Wildlife and Fish | ||||||
5 | Fund and the Illinois Fisheries Management Fund of the State
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6 | Treasury.
All proceeds, bonuses, rentals, royalties, and other | ||||||
7 | inducements and
considerations received from the permitting or | ||||||
8 | leasing of Department of Natural
Resources lands that have not | ||||||
9 | been purchased by the Department of Natural
Resources with | ||||||
10 | moneys appropriated from the Wildlife and Fish Fund and the | ||||||
11 | Illinois Fisheries Management Fund shall be
deposited as | ||||||
12 | follows: at least 50% of the amounts received shall be | ||||||
13 | deposited
into the State Parks Fund and not more than 50% shall | ||||||
14 | be deposited into the
Plugging and Restoration Fund.
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15 | (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
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16 | Section 10. The Department of Natural Resources | ||||||
17 | (Conservation) Law of the
Civil Administrative Code of Illinois | ||||||
18 | is amended by changing Sections 805-235, 805-275, 805-335, | ||||||
19 | 805-420, 805-430, 805-550, and 805-560 as follows:
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20 | (20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
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21 | Sec. 805-235.
Lease of lands acquired by the Department; | ||||||
22 | disposition of
obsolete buildings. The Department has the power | ||||||
23 | to do and perform
each and every act or thing considered
by the | ||||||
24 | Director to be necessary or desirable to fulfill and carry out
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1 | the intent and purpose of all laws pertaining to the | ||||||
2 | Department, including the right to rehabilitate or sell at
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3 | public auction buildings or structures affixed to lands over | ||||||
4 | which the
Department has acquired jurisdiction when in the | ||||||
5 | judgment of the Director
those
buildings or structures are | ||||||
6 | obsolete, inadequate, or unusable for the
purposes
of the | ||||||
7 | Department and to lease those lands with
or without | ||||||
8 | appurtenances for a consideration in money or in kind for a
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9 | period of time not in excess of 5 years for the purposes and | ||||||
10 | upon
the terms and conditions that the Director considers to
be | ||||||
11 | in the best interests of
the State when those lands are not | ||||||
12 | immediately to be used or
developed by the
State. All those | ||||||
13 | sales shall be made subject to the written
approval of the
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14 | Governor. The funds derived from those sales and from those | ||||||
15 | leases shall be
deposited in the State Parks Fund, except that | ||||||
16 | funds derived from
those sales and from
those leases on lands | ||||||
17 | managed and operated principally as wildlife
or fisheries
areas | ||||||
18 | by the Department shall be
deposited in the Wildlife and Fish | ||||||
19 | Fund or the Illinois Fisheries Management Fund, respectively .
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20 | (Source: P.A. 91-239, eff. 1-1-00.)
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21 | (20 ILCS 805/805-275) (was 20 ILCS 805/63a27)
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22 | Sec. 805-275. Sale of gravel and other materials. The | ||||||
23 | Department has the power to sell gravel,
sand, earth, or other | ||||||
24 | material from any State of Illinois owned lands or
waters
under | ||||||
25 | the jurisdiction of the Department at a fair market price. |
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1 | Fifty percent of the The proceeds
from the sales shall be | ||||||
2 | deposited into the Wildlife and
Fish Fund and 50% of the | ||||||
3 | proceeds from the sales shall be deposited into the Illinois | ||||||
4 | Fisheries Management Fund in the State
treasury.
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5 | (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
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6 | (20 ILCS 805/805-335)
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7 | Sec. 805-335. Fees. The Department has the power to
assess | ||||||
8 | appropriate and reasonable fees for the
use of concession type | ||||||
9 | facilities as well as other facilities and sites under
the | ||||||
10 | jurisdiction of the Department, including, but not limited to, | ||||||
11 | beaches, bike trails, equestrian trails, and other types of | ||||||
12 | trails. The Department
may
regulate, by rule, the fees to be | ||||||
13 | charged. The income collected shall be
deposited into the State | ||||||
14 | Parks Fund , the or Wildlife and Fish Fund , or the Illinois | ||||||
15 | Fisheries Management Fund
depending on the classification of | ||||||
16 | the State managed facility involved. The monies deposited into | ||||||
17 | the State Parks Fund , or the Wildlife and Fish Fund , and the | ||||||
18 | Illinois Fisheries Management Fund under this Section shall not | ||||||
19 | be subject to administrative charges or chargebacks unless | ||||||
20 | otherwise authorized by this Act.
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21 | (Source: P.A. 97-1136, eff. 1-1-13.)
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22 | (20 ILCS 805/805-420) (was 20 ILCS 805/63a36)
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23 | Sec. 805-420. Appropriations from Park and Conservation | ||||||
24 | Fund. The
Department has the power to expend monies |
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1 | appropriated to the
Department from the Park and Conservation | ||||||
2 | Fund in the State
treasury for conservation and park purposes.
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3 | Eighty percent of the revenue derived from fees paid for | ||||||
4 | certificates of title, duplicate
certificates of title and | ||||||
5 | corrected certificates of title and deposited in
the Park and | ||||||
6 | Conservation Fund, as provided for in Section 2-119 of the
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7 | Illinois Vehicle Code, shall be expended solely by the | ||||||
8 | Department pursuant to
an appropriation for acquisition,
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9 | development, and maintenance of bike paths, including grants | ||||||
10 | for the
acquisition and development of bike paths and 20% of | ||||||
11 | the revenue derived from fees may only be used for operation of | ||||||
12 | the Division of Fisheries within the Department, and shall be | ||||||
13 | deposited into the Illinois Fisheries Management Fund, a | ||||||
14 | special fund created in the State Treasury to be used for the | ||||||
15 | operation of the Division of Fisheries within the Department .
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16 | Revenue derived from fees paid for the registration of | ||||||
17 | motor vehicles of the first division and deposited in the Park | ||||||
18 | and Conservation Fund, as provided for in Section 3-806 of the | ||||||
19 | Illinois Vehicle Code, shall be expended by the Department for | ||||||
20 | the following purposes: | ||||||
21 | (A) Fifty percent of funds derived from the vehicle | ||||||
22 | registration fee shall be used by the Department for normal | ||||||
23 | operations. | ||||||
24 | (B) Fifty percent of funds derived from the vehicle | ||||||
25 | registration fee shall be used by the Department for | ||||||
26 | construction and maintenance of State owned, leased, and |
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1 | managed sites. | ||||||
2 | The monies deposited into the Park and Conservation Fund | ||||||
3 | and the Illinois Fisheries Management Fund under this Section | ||||||
4 | shall not be subject to administrative charges or chargebacks | ||||||
5 | unless otherwise authorized by this Act. | ||||||
6 | (Source: P.A. 97-1136, eff. 1-1-13.)
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7 | (20 ILCS 805/805-430) (was 20 ILCS 805/63b2.4)
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8 | Sec. 805-430. Sale of advertising. The Department has
the | ||||||
9 | power and authority to sell or exchange advertising rights in | ||||||
10 | its
publications and printed materials.
The sale of advertising | ||||||
11 | shall be subject to the rules and regulations
promulgated by | ||||||
12 | the Department. All income received from the sale of
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13 | advertising shall be deposited equally in the Wildlife and Fish | ||||||
14 | Fund and the Illinois Fisheries Management Fund , except that
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15 | income
received from advertising in State Park brochures shall | ||||||
16 | be deposited into
the State Parks Fund and income received from | ||||||
17 | advertising in boating or
snowmobile program literature shall | ||||||
18 | be deposited in the State Boating Act
Fund.
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19 | (Source: P.A. 91-239, eff. 1-1-00.)
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20 | (20 ILCS 805/805-550) | ||||||
21 | Sec. 805-550. Reinstatement fee. | ||||||
22 | (a) The Department may assess a fee of up to $1,000 for the | ||||||
23 | reinstatement of revoked or suspended licenses, permits, | ||||||
24 | registrations, and other privileges that it administers in the |
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1 | exercise of its powers and duties under Illinois law. | ||||||
2 | (b) Revenues generated from the reinstatement of State park | ||||||
3 | privileges shall be deposited into the State Parks Fund. | ||||||
4 | Revenues generated from the reinstatement of hunting, fishing, | ||||||
5 | trapping, ginseng, falconry, wildlife rehabilitation, and | ||||||
6 | outfitter licenses or privileges shall be deposited into the | ||||||
7 | Wildlife and Fish Fund or the Illinois Fisheries Management | ||||||
8 | Fund, respectively . Revenues generated from the reinstatement | ||||||
9 | of boating and snowmobile privileges shall be deposited into | ||||||
10 | the State Boating Act Fund. Revenues generated from the | ||||||
11 | reinstatement of forestry purchasing privileges shall be | ||||||
12 | deposited into the Illinois Forestry Development Fund. Other | ||||||
13 | revenues generated from the reinstatement of a license, permit, | ||||||
14 | registration, or other privilege shall be deposited into the | ||||||
15 | State fund in which the fee for that privilege is deposited. | ||||||
16 | The Comptroller shall maintain a separate accounting of the | ||||||
17 | moneys deposited under this subsection. | ||||||
18 | (c) Moneys deposited under subsection (b) shall be used by | ||||||
19 | the Department, subject to appropriation, for the following | ||||||
20 | purposes: | ||||||
21 | (1) 85% of the moneys shall be used for the purchase of | ||||||
22 | law enforcement vehicles for use by the Department's Office | ||||||
23 | of Law Enforcement. | ||||||
24 | (2) 15% of the moneys shall be used for the promotion | ||||||
25 | of safety education by the Department's Office of Strategic | ||||||
26 | Services.
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1 | (Source: P.A. 96-1160, eff. 1-1-11; 97-1011, eff. 8-17-12.) | ||||||
2 | (20 ILCS 805/805-560) | ||||||
3 | Sec. 805-560. Entrance fees for site visitors from other | ||||||
4 | states. | ||||||
5 | (a) The General Assembly finds that a dedicated funding | ||||||
6 | stream shall be established for the operation and maintenance | ||||||
7 | of sites owned, managed, or leased by the Department to help | ||||||
8 | ensure that these State treasures will be properly maintained | ||||||
9 | and remain accessible to the public for generations to come. | ||||||
10 | (b) The Department may charge an annual vehicle access fee | ||||||
11 | for access by site visitors from other states to properties | ||||||
12 | owned, managed, or leased by the Department. | ||||||
13 | (c) The Department may charge a daily vehicle access fee to | ||||||
14 | site visitors from other states who have not paid the current | ||||||
15 | annual vehicle access fee. | ||||||
16 | (d) The Department may establish a fine for site visitors | ||||||
17 | from other states who enter a site in a vehicle without paying | ||||||
18 | the annual vehicle access fee or daily vehicle access fee. | ||||||
19 | (e) Revenue generated by the fees and fine assessed | ||||||
20 | pursuant to this Section shall be deposited into the State | ||||||
21 | Parks Fund , or the Wildlife and Fish Fund , or the Illinois | ||||||
22 | Fisheries Management Fund , special funds in the State treasury , | ||||||
23 | depending on the classification of the State managed facility | ||||||
24 | involved . | ||||||
25 | (f) The Department shall adopt any and all rules necessary |
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1 | to implement this Section. | ||||||
2 | (g) The monies deposited into the State Parks Fund , or the | ||||||
3 | Wildlife and Fish Fund , and the Illinois Fisheries Management | ||||||
4 | Fund under this Section shall not be subject to administrative | ||||||
5 | charges or chargebacks unless otherwise authorized by this Act.
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6 | (Source: P.A. 97-1136, eff. 1-1-13.) | ||||||
7 | Section 15. The State Parks Act is amended by changing | ||||||
8 | Section 4c as follows:
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9 | (20 ILCS 835/4c) (from Ch. 105, par. 468.3)
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10 | Sec. 4c.
All income realized from properties under the | ||||||
11 | jurisdiction
of the Department of Natural Resources shall be | ||||||
12 | paid into
the State Parks Fund, except that income realized | ||||||
13 | from properties managed and
operated principally as wildlife, | ||||||
14 | forestry or fisheries areas shall be paid
into the Wildlife and | ||||||
15 | Fish Fund or the Illinois Fisheries Management Fund, | ||||||
16 | respectively . All income realized
from violations of this Act, | ||||||
17 | other State laws and related regulations,
or local laws within | ||||||
18 | such properties, except violations of the
Fish and Aquatic Life | ||||||
19 | Code or the Wildlife Code, when such income is
derived from | ||||||
20 | fines, penalties and other actions of county or municipal law
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21 | enforcement personnel, may be retained by the county or | ||||||
22 | municipality where
the violations occurred.
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23 | The Department of Natural Resources may, upon written
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24 | authorization of the Director of the Department, establish |
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1 | local
bank or savings and loan association accounts to | ||||||
2 | temporarily hold this income.
All local bank or savings and | ||||||
3 | loan association accounts established pursuant to
this Section | ||||||
4 | shall be in the name of the Department of Natural Resources and
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5 | shall be subject to regular audits. The balance in a
local bank | ||||||
6 | or savings and loan association account shall be forwarded to | ||||||
7 | the
Department of Natural Resources for deposit with the State
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8 | Treasurer on Monday of each week if the amount to be deposited | ||||||
9 | in a fund
exceeds $500 or within 30 days after deposit.
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10 | No bank or savings and loan association shall receive | ||||||
11 | public funds as
permitted by this Section, unless it has | ||||||
12 | complied with the requirements
established pursuant to Section | ||||||
13 | 6 of the Public Funds Investment Act.
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14 | (Source: P.A. 89-445, eff. 2-7-96.)
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15 | Section 20. The Firearms Training Act is amended by | ||||||
16 | changing Sections 2 and 3 as follows:
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17 | (20 ILCS 875/2) (from Ch. 127, par. 63b62)
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18 | Sec. 2.
The Department of Natural Resources shall establish | ||||||
19 | procedures
for administering the
programs. The Department may | ||||||
20 | charge fees to recover expenses and shall deposit
any fees | ||||||
21 | collected into the Wildlife and Fish Fund.
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22 | (Source: P.A. 89-75, eff. 1-1-96; 89-445, eff. 2-7-96.)
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23 | (20 ILCS 875/3) (from Ch. 127, par. 63b63)
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1 | Sec. 3.
Every program coordinator authorized by the | ||||||
2 | Director to
supervise a training program organized under this | ||||||
3 | Act shall be covered
by a liability insurance policy which | ||||||
4 | protects him from liability for
damages arising during any time | ||||||
5 | he is engaged in the operation of his
official duties. The cost | ||||||
6 | of such a program coordinator's liability
insurance policy | ||||||
7 | shall be paid by the State of Illinois and shall be a
charge on | ||||||
8 | the Wildlife Fund wildlife and fish fund .
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9 | (Source: P.A. 81-358.)
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10 | Section 25. The State Finance Act is amended by changing | ||||||
11 | Sections 5.21 and 8.30 as follows:
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12 | (30 ILCS 105/5.21) (from Ch. 127, par. 141.21)
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13 | Sec. 5.21. The Wildlife and Fish Fund. | ||||||
14 | (Source: P.A. 81-358.)
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15 | (30 ILCS 105/8.30) (from Ch. 127, par. 144.30)
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16 | Sec. 8.30.
All moneys received from the issuance of | ||||||
17 | Lifetime
Hunting, Fishing or Sportsmen's Combination Licenses | ||||||
18 | under Section
20-45 of the Fish and Aquatic Life Code shall be | ||||||
19 | deposited
into the Fish and Wildlife Endowment Fund. All | ||||||
20 | interest earned and accrued
from monies deposited in the Fish | ||||||
21 | and Wildlife Endowment Fund shall be
deposited monthly by the | ||||||
22 | State Treasurer in the Fish and Wildlife Endowment
Fund. The | ||||||
23 | Treasurer upon request of the Director of the Department of
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1 | Natural Resources from time to time may transfer amounts
from | ||||||
2 | the Fish and
Wildlife Endowment Fund to the Wildlife and Fish | ||||||
3 | Fund and the Illinois Fisheries Management Fund , but
the annual | ||||||
4 | transfers shall not exceed the annual interest accrued to the
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5 | Fish and Wildlife Endowment Fund.
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6 | (Source: P.A. 89-445, eff. 2-7-96.)
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7 | Section 30. The Illinois Oil and Gas Act is amended by | ||||||
8 | changing Section 22.2 as follows:
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9 | (225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436)
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10 | Sec. 22.2. Integration of interests in drilling unit.
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11 | (a) As used in
this Section, "owner" means any person
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12 | having an interest in the right to drill into and produce oil | ||||||
13 | or gas from
any pool, and to appropriate the production for | ||||||
14 | such owner or others.
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15 | (b) Except as provided in subsection (b-5), when 2 or more | ||||||
16 | separately
owned tracts of land are embraced
within an | ||||||
17 | established drilling unit, or when there are separately owned
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18 | interests in all or a part of such units, the owners of all oil | ||||||
19 | and gas
interests therein may validly agree to integrate their | ||||||
20 | interests and to
develop their lands as a drilling unit.
Where, | ||||||
21 | however, such owners have
not agreed to integrate their | ||||||
22 | interests and where no action has been
commenced seeking | ||||||
23 | permission to drill pursuant to the provisions of "An Act
in | ||||||
24 | relation to oil and gas interests in land", approved July 1, |
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1 | 1939, and
where at least one of the owners has drilled or has | ||||||
2 | proposed to drill a
well on an established drilling unit the | ||||||
3 | Department on the application of
an owner shall, for the | ||||||
4 | prevention of waste or to avoid the drilling of
unnecessary | ||||||
5 | wells, require such owners to do so and to develop their lands
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6 | as a drilling unit. The Department, as a part of the order | ||||||
7 | integrating
interests, may prescribe the terms and conditions | ||||||
8 | upon which the royalty
interests in the unit or units shall, in | ||||||
9 | the absence of voluntary
agreement, be determined to be | ||||||
10 | integrated without the necessity of a
subsequent separate order | ||||||
11 | integrating the royalty interests. Each such
integration order | ||||||
12 | shall be upon terms and conditions that are just and
| ||||||
13 | reasonable.
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14 | (b-5) When 2 or more separately owned tracts of land are | ||||||
15 | embraced within
an established drilling unit, or when there are | ||||||
16 | separately owned interests in
all or a part of the unit, and | ||||||
17 | one of the owners is the Department of
Natural Resources, | ||||||
18 | integration of the separate tracts shall be allowed only
if, | ||||||
19 | following a comprehensive environmental impact review | ||||||
20 | performed by the
Department, the Department determines that no | ||||||
21 | substantial or irreversible
detrimental harm will occur on | ||||||
22 | Department lands as a result of any proposed
activities | ||||||
23 | relating to mineral extraction. The environmental impact | ||||||
24 | review
shall include but shall not be
limited to an assessment | ||||||
25 | of the potential destruction or depletion of flora and
fauna, | ||||||
26 | wildlife and its supporting habitat, surface and subsurface |
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| |||||||
1 | water
supplies, aquatic life, and recreational activities | ||||||
2 | located on the land
proposed to be integrated. The Department | ||||||
3 | shall adopt rules necessary to
implement this subsection.
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4 | (b-6) All proceeds, bonuses, rentals, royalties, and other | ||||||
5 | inducements and
considerations received from the integration | ||||||
6 | of Department of Natural Resources
lands that have not been | ||||||
7 | purchased by the Department of Natural Resources with
moneys | ||||||
8 | appropriated from the Wildlife and Fish Fund and the Illinois | ||||||
9 | Fisheries Management Fund shall be deposited as
follows: at | ||||||
10 | least 50% of the amounts received shall be deposited into the
| ||||||
11 | State Parks Fund and not more than 50% shall be deposited into | ||||||
12 | the Plugging and
Restoration Fund.
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13 | (c) All orders requiring such integration shall be made | ||||||
14 | after notice and
hearing and shall be upon terms and conditions | ||||||
15 | that are just and reasonable
and will afford to the owners of | ||||||
16 | all oil and gas interests in each tract in
the drilling unit | ||||||
17 | the opportunity to recover or receive their just and
equitable | ||||||
18 | share of oil or gas from the drilling unit without unreasonable
| ||||||
19 | expense and will prevent or minimize reasonably avoidable | ||||||
20 | drainage from
each integrated drilling unit which is not | ||||||
21 | equalized by counter drainage,
but the Department may not limit | ||||||
22 | the production from any well under this
provision. The request | ||||||
23 | shall be made by petition accompanied by a non-refundable | ||||||
24 | application fee of $1,500. The fee shall be deposited into the | ||||||
25 | Underground Resources Conservation Enforcement Fund. The | ||||||
26 | monies deposited into the Underground Resources Conservation |
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1 | Enforcement Fund under this subsection shall not be subject to | ||||||
2 | administrative charges or chargebacks unless otherwise | ||||||
3 | authorized by this Act.
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4 | (d) All operations, including, but not limited to, the | ||||||
5 | commencement,
drilling, or operation of a well upon any portion | ||||||
6 | of a drilling unit shall
be deemed for all purposes the conduct | ||||||
7 | of such operations upon each
separately owned tract in the | ||||||
8 | drilling unit by the several owners thereof.
That portion of | ||||||
9 | the production allocated to a separately owned tract
included | ||||||
10 | in a drilling unit shall, when produced, be deemed, for all
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11 | purposes, to have been actually produced from such tract by a | ||||||
12 | well drilled
thereon.
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13 | (e) In making the determination of integrating separately | ||||||
14 | owned
interests, and determining to whom the permit should be | ||||||
15 | issued, the
Department may consider:
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16 | (1) the reasons requiring the integration of separate | ||||||
17 | interests;
| ||||||
18 | (2) the respective interests of the parties in the | ||||||
19 | drilling unit
sought to be established, and the pool or | ||||||
20 | pools in the field where the
proposed drilling unit is | ||||||
21 | located;
| ||||||
22 | (3) any parties' prior or present compliance with the | ||||||
23 | Act and the
Department's rules; and
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24 | (4) any other information relevant to protect the | ||||||
25 | correlative rights
of the parties sought to be affected by | ||||||
26 | the integration order.
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1 | (f) Each such integration order shall authorize the | ||||||
2 | drilling, testing,
completing, equipping, and operation of a | ||||||
3 | well on the drilling unit;
provide who may drill and operate | ||||||
4 | the well; prescribe the time and manner
in which all the owners | ||||||
5 | in the drilling unit may elect to participate
therein; and make | ||||||
6 | provision for the payment by all those who elect to
participate | ||||||
7 | therein of the reasonable actual cost thereof, plus a
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8 | reasonable charge for supervision and interest. Should an owner | ||||||
9 | not elect
to voluntarily participate in the risk and costs of | ||||||
10 | the drilling, testing,
completing and operation of a well as | ||||||
11 | determined by the Department, the
integration order shall | ||||||
12 | provide either that:
| ||||||
13 | (1) the nonparticipating owner shall surrender a | ||||||
14 | leasehold interest to
the participating owners on a basis | ||||||
15 | and for such terms and consideration
the Department finds | ||||||
16 | fair and reasonable; or
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17 | (2) the nonparticipating owner shall share in a | ||||||
18 | proportionate part of
the production of oil and gas from | ||||||
19 | the drilling unit determined by the
Department, and pay a | ||||||
20 | proportionate part of operation cost after the
| ||||||
21 | participating owners have recovered from the production of | ||||||
22 | oil or gas from
a well all actual costs in the drilling, | ||||||
23 | testing, completing and operation
of the well plus a | ||||||
24 | penalty to be determined by the Department of not less
than | ||||||
25 | 100% nor more than 300% of such actual costs.
| ||||||
26 | (g) For the purpose of this Section, the owner or owners of |
| |||||||
| |||||||
1 | oil and gas
rights in and under an unleased tract of land shall | ||||||
2 | be regarded as a lessee
to the extent of a 7/8 interest in and | ||||||
3 | to said rights and a lessor to the
extent of the remaining 1/8 | ||||||
4 | interest therein.
| ||||||
5 | (h) In the event of any dispute relative to costs and | ||||||
6 | expenses of
drilling, testing, equipping, completing and | ||||||
7 | operating a well, the
Department shall determine the proper | ||||||
8 | costs after due notice to interested
parties and a hearing | ||||||
9 | thereon. The operator of such unit, in addition to
any other | ||||||
10 | right provided by the integration order of the Department, | ||||||
11 | shall
have a lien on the mineral leasehold estate or rights | ||||||
12 | owned by the other
owners therein and upon their shares of the | ||||||
13 | production from such unit to
the extent that costs incurred in | ||||||
14 | the development and operation upon said
unit are a charge | ||||||
15 | against such interest by order of the Department or by
| ||||||
16 | operation of law. Such liens shall be separable as to each | ||||||
17 | separate owner
within such unit, and shall remain liens until | ||||||
18 | the owner or owners drilling
or operating the well have been | ||||||
19 | paid the amount due under the terms of the
integration order. | ||||||
20 | The Department is specifically authorized to provide
that the | ||||||
21 | owner or owners drilling, or paying for the drilling, or for | ||||||
22 | the
operation of a well for the benefit of all shall be | ||||||
23 | entitled to production
from such well which would be received | ||||||
24 | by the owner or owners for whose
benefit the well was drilled | ||||||
25 | or operated, after payment of royalty, until
the owner or | ||||||
26 | owners drilling or operating the well have been paid the
amount |
| |||||||
| |||||||
1 | due under the terms of the integration order settling such | ||||||
2 | dispute.
| ||||||
3 | (Source: P.A. 97-1136, eff. 1-1-13.)
| ||||||
4 | Section 35. The Environmental Protection Act is amended by | ||||||
5 | changing Section 42 as follows: | ||||||
6 | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | ||||||
7 | Sec. 42. Civil penalties. | ||||||
8 | (a) Except as provided in this Section, any person that | ||||||
9 | violates any
provision of this Act or any regulation adopted by | ||||||
10 | the Board, or any permit
or term or condition thereof, or that | ||||||
11 | violates any order of the Board pursuant
to this Act, shall be | ||||||
12 | liable for a civil penalty of not to exceed
$50,000 for the | ||||||
13 | violation and an additional civil penalty of not to exceed
| ||||||
14 | $10,000 for each day during which the violation continues; such | ||||||
15 | penalties may,
upon order of the Board or a court of competent | ||||||
16 | jurisdiction, be made payable
to the Environmental Protection | ||||||
17 | Trust Fund, to be used in accordance with the
provisions of the | ||||||
18 | Environmental Protection Trust Fund Act. | ||||||
19 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
20 | this Section: | ||||||
21 | (1) Any person that violates Section 12(f) of this Act | ||||||
22 | or any
NPDES permit or term or condition thereof, or any | ||||||
23 | filing requirement,
regulation or order relating to the | ||||||
24 | NPDES permit program, shall be liable
to a civil penalty of |
| |||||||
| |||||||
1 | not to exceed $10,000 per day of violation. | ||||||
2 | (2) Any person that violates Section 12(g) of this Act | ||||||
3 | or any UIC permit
or term or condition thereof, or any | ||||||
4 | filing requirement, regulation or order
relating to the | ||||||
5 | State UIC program for all wells, except Class II wells as
| ||||||
6 | defined by the Board under this Act, shall be liable to a | ||||||
7 | civil penalty
not to exceed $2,500 per day of violation; | ||||||
8 | provided, however, that any person
who commits such | ||||||
9 | violations relating to the State UIC program for Class
II | ||||||
10 | wells, as defined by the Board under this Act, shall be | ||||||
11 | liable to a civil
penalty of not to exceed $10,000 for the | ||||||
12 | violation and an additional civil
penalty of not to exceed | ||||||
13 | $1,000 for each day during which the violation
continues. | ||||||
14 | (3) Any person that violates Sections 21(f), 21(g), | ||||||
15 | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||||||
16 | condition thereof, or any filing
requirement, regulation | ||||||
17 | or order relating to the State RCRA program, shall
be | ||||||
18 | liable to a civil penalty of not to exceed $25,000 per day | ||||||
19 | of violation. | ||||||
20 | (4)
In an administrative citation action under Section | ||||||
21 | 31.1 of this Act,
any person found to have violated any | ||||||
22 | provision of subsection (o) of
Section 21 of this Act shall | ||||||
23 | pay a civil penalty of $500 for each
violation of each such | ||||||
24 | provision, plus any hearing costs incurred by the Board
and | ||||||
25 | the Agency. Such penalties shall be made payable to the | ||||||
26 | Environmental
Protection Trust Fund, to be used in |
| |||||||
| |||||||
1 | accordance with the provisions of the
Environmental | ||||||
2 | Protection Trust Fund Act; except that if a unit of local
| ||||||
3 | government issued the administrative citation, 50% of the | ||||||
4 | civil penalty shall
be payable to the unit of local | ||||||
5 | government. | ||||||
6 | (4-5) In an administrative citation action under | ||||||
7 | Section 31.1 of this
Act, any person found to have violated | ||||||
8 | any
provision of subsection (p) of
Section 21, Section | ||||||
9 | 22.51, Section 22.51a, or subsection (k) of Section 55 of | ||||||
10 | this Act shall pay a civil penalty of $1,500 for each | ||||||
11 | violation
of
each such provision, plus any hearing costs | ||||||
12 | incurred by the Board and the
Agency, except that the civil | ||||||
13 | penalty amount shall be $3,000 for
each violation of any | ||||||
14 | provision of subsection (p) of Section 21, Section 22.51, | ||||||
15 | Section 22.51a, or subsection (k) of Section 55 that is the
| ||||||
16 | person's second or subsequent adjudication violation of | ||||||
17 | that
provision. The penalties shall be deposited into the
| ||||||
18 | Environmental Protection Trust Fund, to be used in | ||||||
19 | accordance with the
provisions of the Environmental | ||||||
20 | Protection Trust Fund Act; except that if a
unit of local | ||||||
21 | government issued the administrative citation, 50% of the | ||||||
22 | civil
penalty shall be payable to the unit of local | ||||||
23 | government. | ||||||
24 | (5) Any person who violates subsection 6 of Section | ||||||
25 | 39.5 of this Act
or any CAAPP permit, or term or condition | ||||||
26 | thereof, or any fee or filing
requirement, or any duty to |
| |||||||
| |||||||
1 | allow or carry out inspection, entry or
monitoring | ||||||
2 | activities, or any regulation or order relating to the | ||||||
3 | CAAPP
shall be liable for a civil penalty not to exceed | ||||||
4 | $10,000 per day of violation. | ||||||
5 | (6) Any owner or operator of a community water system | ||||||
6 | that violates subsection (b) of Section 18.1 or subsection | ||||||
7 | (a) of Section 25d-3 of this Act shall, for each day of | ||||||
8 | violation, be liable for a civil penalty not to exceed $5 | ||||||
9 | for each of the premises connected to the affected | ||||||
10 | community water system. | ||||||
11 | (b.5) In lieu of the penalties set forth in subsections (a) | ||||||
12 | and (b) of
this Section, any person who fails to file, in a | ||||||
13 | timely manner, toxic
chemical release forms with the Agency | ||||||
14 | pursuant to Section 25b-2
of this Act
shall be liable for a | ||||||
15 | civil penalty of $100 per day for
each day the forms are
late, | ||||||
16 | not to exceed a maximum total penalty of $6,000. This daily | ||||||
17 | penalty
shall begin accruing on the thirty-first day after the
| ||||||
18 | date that the person receives the warning notice issued by the | ||||||
19 | Agency pursuant
to Section 25b-6 of this Act; and the penalty | ||||||
20 | shall be paid to the Agency. The
daily accrual of penalties | ||||||
21 | shall cease as of January 1 of the following year.
All | ||||||
22 | penalties collected by the Agency pursuant to this subsection | ||||||
23 | shall be
deposited into the Environmental Protection Permit and | ||||||
24 | Inspection Fund. | ||||||
25 | (c) Any person that violates this Act, any rule or | ||||||
26 | regulation adopted under
this Act, any permit or term or |
| |||||||
| |||||||
1 | condition of a permit, or any Board order and
causes the death | ||||||
2 | of fish
or aquatic life shall, in addition to the other | ||||||
3 | penalties provided by
this Act, be liable to pay to the State | ||||||
4 | an additional sum for the
reasonable value of the fish or | ||||||
5 | aquatic life destroyed. Any money so
recovered shall be placed | ||||||
6 | in the Illinois Fisheries Management Fund Wildlife and Fish | ||||||
7 | Fund in the State
Treasury. | ||||||
8 | (d) The penalties provided for in this Section may be | ||||||
9 | recovered in a
civil action. | ||||||
10 | (e) The State's Attorney of the county in which the | ||||||
11 | violation
occurred, or the Attorney General, may, at the | ||||||
12 | request of the Agency or
on his own motion, institute a civil | ||||||
13 | action for an injunction, prohibitory or mandatory, to
restrain | ||||||
14 | violations of this Act, any rule or regulation adopted under | ||||||
15 | this Act,
any permit or term or condition of a permit, or any | ||||||
16 | Board order, or to require such other actions as may be | ||||||
17 | necessary to address violations of this Act, any rule or | ||||||
18 | regulation adopted under this Act, any permit or term or | ||||||
19 | condition of a permit, or any Board order. | ||||||
20 | (f) The State's Attorney of the county in which the | ||||||
21 | violation
occurred, or the Attorney General, shall bring such | ||||||
22 | actions in the name
of the people of the State of Illinois.
| ||||||
23 | Without limiting any other authority which may exist for the | ||||||
24 | awarding
of attorney's fees and costs, the Board or a court of | ||||||
25 | competent
jurisdiction may award costs and reasonable | ||||||
26 | attorney's fees, including the
reasonable costs of expert |
| |||||||
| |||||||
1 | witnesses and consultants, to the State's
Attorney or the | ||||||
2 | Attorney General in a case where he has prevailed against a
| ||||||
3 | person who has committed a wilful, knowing or repeated | ||||||
4 | violation 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. | ||||||
7 | Any funds collected under this subsection (f) in which the | ||||||
8 | Attorney
General has prevailed shall be deposited in the
| ||||||
9 | Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||||||
10 | funds
collected under this subsection (f) in which a State's | ||||||
11 | Attorney has
prevailed shall be retained by the county in which | ||||||
12 | he serves. | ||||||
13 | (g) All final orders imposing civil penalties pursuant to | ||||||
14 | this Section
shall prescribe the time for payment of such | ||||||
15 | penalties. If any such
penalty is not paid within the time | ||||||
16 | prescribed, interest on such penalty
at the rate set forth in | ||||||
17 | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||||||
18 | shall be paid for the period from the date payment is due until | ||||||
19 | the
date payment is received. However, if the time for payment | ||||||
20 | is stayed during
the pendency of an appeal, interest shall not | ||||||
21 | accrue during such stay. | ||||||
22 | (h) In determining the appropriate civil penalty to be | ||||||
23 | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or | ||||||
24 | (b)(5) of this
Section, the Board is authorized to consider any | ||||||
25 | matters of record in
mitigation or aggravation of penalty, | ||||||
26 | including but not limited to the
following factors: |
| |||||||
| |||||||
1 | (1) the duration and gravity of the violation; | ||||||
2 | (2) the presence or absence of due diligence on the | ||||||
3 | part of the
respondent in attempting to comply with | ||||||
4 | requirements of this
Act and regulations thereunder or to | ||||||
5 | secure relief therefrom as provided by
this Act; | ||||||
6 | (3) any economic benefits accrued by the respondent
| ||||||
7 | because of delay in compliance with requirements, in which | ||||||
8 | case the economic
benefits shall be determined by the | ||||||
9 | lowest cost alternative for achieving
compliance; | ||||||
10 | (4) the amount of monetary penalty which will serve to | ||||||
11 | deter further
violations by the respondent and to otherwise | ||||||
12 | aid in enhancing
voluntary
compliance with this Act by the | ||||||
13 | respondent and other persons
similarly
subject to the Act; | ||||||
14 | (5) the number, proximity in time, and gravity of | ||||||
15 | previously
adjudicated violations of this Act by the | ||||||
16 | respondent; | ||||||
17 | (6) whether the respondent voluntarily self-disclosed, | ||||||
18 | in accordance
with subsection (i) of this Section, the | ||||||
19 | non-compliance to the Agency; | ||||||
20 | (7) whether the respondent has agreed to undertake a | ||||||
21 | "supplemental
environmental project," which means an | ||||||
22 | environmentally beneficial project that
a respondent | ||||||
23 | agrees to undertake in settlement of an enforcement action | ||||||
24 | brought
under this Act, but which the respondent is not | ||||||
25 | otherwise legally required to
perform; and | ||||||
26 | (8) whether the respondent has successfully completed |
| |||||||
| |||||||
1 | a Compliance Commitment Agreement under subsection (a) of | ||||||
2 | Section 31 of this Act to remedy the violations that are | ||||||
3 | the subject of the complaint. | ||||||
4 | In determining the appropriate civil penalty to be imposed | ||||||
5 | under subsection
(a) or paragraph (1), (2), (3), or (5) of | ||||||
6 | subsection (b) of this Section, the
Board shall ensure, in all | ||||||
7 | cases, that the penalty is at least as great as the
economic | ||||||
8 | benefits, if any, accrued by the respondent as a result of the
| ||||||
9 | violation, unless the Board finds that imposition of such | ||||||
10 | penalty would result
in an arbitrary or unreasonable financial | ||||||
11 | hardship. However, such civil
penalty
may be off-set in whole | ||||||
12 | or in part pursuant to a supplemental
environmental project | ||||||
13 | agreed to by the complainant and the respondent. | ||||||
14 | (i) A person who voluntarily self-discloses non-compliance | ||||||
15 | to the Agency,
of which the Agency had been unaware, is | ||||||
16 | entitled to a 100% reduction in the
portion of the penalty that | ||||||
17 | is not based on the economic benefit of
non-compliance if the | ||||||
18 | person can
establish the following: | ||||||
19 | (1) that the non-compliance was discovered through an | ||||||
20 | environmental
audit or a compliance management system | ||||||
21 | documented by the regulated entity as
reflecting the | ||||||
22 | regulated entity's due diligence in preventing, detecting, | ||||||
23 | and
correcting violations; | ||||||
24 | (2) that the non-compliance was disclosed in writing | ||||||
25 | within 30 days of
the date on which the person discovered | ||||||
26 | it; |
| |||||||
| |||||||
1 | (3) that the non-compliance was discovered and | ||||||
2 | disclosed prior to: | ||||||
3 | (i) the commencement of an Agency inspection, | ||||||
4 | investigation, or request
for information; | ||||||
5 | (ii) notice of a citizen suit; | ||||||
6 | (iii) the filing of a complaint by a citizen, the | ||||||
7 | Illinois Attorney
General, or the State's Attorney of | ||||||
8 | the county in which the violation occurred; | ||||||
9 | (iv) the reporting of the non-compliance by an | ||||||
10 | employee of the person
without that person's | ||||||
11 | knowledge; or | ||||||
12 | (v) imminent discovery of the non-compliance by | ||||||
13 | the Agency; | ||||||
14 | (4) that the non-compliance is being corrected and any | ||||||
15 | environmental
harm is being remediated in a timely fashion; | ||||||
16 | (5) that the person agrees to prevent a recurrence of | ||||||
17 | the non-compliance; | ||||||
18 | (6) that no related non-compliance events have | ||||||
19 | occurred in the
past 3 years at the same facility or in the | ||||||
20 | past 5 years as part of a
pattern at multiple facilities | ||||||
21 | owned or operated by the person; | ||||||
22 | (7) that the non-compliance did not result in serious | ||||||
23 | actual
harm or present an imminent and substantial | ||||||
24 | endangerment to human
health or the environment or violate | ||||||
25 | the specific terms of any judicial or
administrative order | ||||||
26 | or consent agreement; |
| |||||||
| |||||||
1 | (8) that the person cooperates as reasonably requested | ||||||
2 | by the Agency
after the disclosure; and | ||||||
3 | (9) that the non-compliance was identified voluntarily | ||||||
4 | and not through a
monitoring, sampling, or auditing | ||||||
5 | procedure that is required by statute, rule,
permit, | ||||||
6 | judicial or administrative order, or consent agreement. | ||||||
7 | If a person can establish all of the elements under this | ||||||
8 | subsection except
the element set forth in paragraph (1) of | ||||||
9 | this subsection, the person is
entitled to a 75% reduction in | ||||||
10 | the portion of the penalty that is not based
upon the economic | ||||||
11 | benefit of non-compliance. | ||||||
12 | (j) In addition to any other remedy or penalty that may
| ||||||
13 | apply, whether civil or criminal, any person who violates | ||||||
14 | Section 22.52 of this Act shall be liable for an additional | ||||||
15 | civil penalty of up to 3 times the gross amount of any | ||||||
16 | pecuniary gain resulting from the violation.
| ||||||
17 | (k) In addition to any other remedy or penalty that may | ||||||
18 | apply, whether civil or criminal, any person who violates | ||||||
19 | subdivision (a)(7.6) of Section 31 of this Act shall be liable | ||||||
20 | for an additional civil penalty of $2,000. | ||||||
21 | (Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09; | ||||||
22 | 96-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff. | ||||||
23 | 8-23-11.) | ||||||
24 | Section 40. The Firearm Owners Identification Card Act is | ||||||
25 | amended by changing Section 5 as follows:
|
| |||||||
| |||||||
1 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
2 | Sec. 5. The Department of State Police shall either approve | ||||||
3 | or
deny all applications within 30 days from the date they are | ||||||
4 | received,
and every applicant found qualified under Section 8 | ||||||
5 | of this Act by
the Department shall be entitled to a Firearm | ||||||
6 | Owner's Identification
Card upon the payment of a $10 fee. Any | ||||||
7 | applicant who is an active duty member of the Armed Forces of | ||||||
8 | the United States, a member of the Illinois National Guard, or | ||||||
9 | a member of the Reserve Forces of the United States is exempt | ||||||
10 | from the application fee. $6 of each fee derived from the
| ||||||
11 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||
12 | thereof,
shall be deposited in the Wildlife and Fish Fund in | ||||||
13 | the State Treasury;
$1 of the fee shall be deposited in the | ||||||
14 | State Police Services Fund and $3 of the fee shall be deposited | ||||||
15 | in the
State Police Firearm Services Fund.
| ||||||
16 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
17 | Section 45. The Fish and Aquatic Life Code is amended by | ||||||
18 | changing Sections 1-155, 1-215, 1-230, 5-5, 20-45, 20-85, and | ||||||
19 | 30-15 and by adding Sections 1-43 and 1-231 as follows: | ||||||
20 | (515 ILCS 5/1-43 new) | ||||||
21 | Sec. 1-43. Fisheries Division Chief. "Fisheries Division | ||||||
22 | Chief" means the top Administrator in the Division of Fisheries | ||||||
23 | in the Department of Natural Resources.
|
| |||||||
| |||||||
1 | (515 ILCS 5/1-155) (from Ch. 56, par. 1-155)
| ||||||
2 | Sec. 1-155. Conservation training schools; public | ||||||
3 | education. The
Department may establish Conservation Training | ||||||
4 | Schools and employ
technicians and other help necessary for the | ||||||
5 | purpose of
teaching conservation methods to employees of the | ||||||
6 | Department and
other interested groups as the Department deems | ||||||
7 | necessary or desirable
to carry out the provisions and purposes | ||||||
8 | of this Code.
| ||||||
9 | In order to educate the citizens of this State in the | ||||||
10 | modern trends of
conservation, the Department shall | ||||||
11 | disseminate conservation information and
the provisions of | ||||||
12 | this Code through lectures, motion pictures, photographs,
| ||||||
13 | exhibits, radio, news items, pamphlets, and other media the | ||||||
14 | Department may
deem suitable for this purpose.
| ||||||
15 | The Department may publish, periodically, a bulletin or | ||||||
16 | magazine
containing information concerning the work of the | ||||||
17 | Department, the
conservation and propagation of wildlife, | ||||||
18 | hunting and fishing, and any other
information as the | ||||||
19 | Department deems to be of general or special interest to
| ||||||
20 | sportsmen and others affected by any law administered by the | ||||||
21 | Department. A
reasonable charge may be made for each copy of | ||||||
22 | the publication. All funds
derived from the sale of that | ||||||
23 | publication shall be deposited equally into the
Wildlife and | ||||||
24 | Fish Fund and the Illinois Fisheries Management Fund in the | ||||||
25 | State Treasury.
|
| |||||||
| |||||||
1 | The Department shall provide and maintain management and | ||||||
2 | habitat
development on State controlled lands or waters used in | ||||||
3 | propagating or
breeding aquatic life as the Department deems | ||||||
4 | necessary to conform with the
most modern conservation methods. | ||||||
5 | The Department may also cooperate in
management and habitat | ||||||
6 | development with any person propagating or breeding
aquatic | ||||||
7 | life on privately-owned lands or waters.
| ||||||
8 | (Source: P.A. 87-833.)
| ||||||
9 | (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
| ||||||
10 | Sec. 1-215. Illegal fishing devices; public nuisance. | ||||||
11 | Every fishing
device, including seines, nets, or traps, or any | ||||||
12 | electrical device or any
other devices, including vehicles, | ||||||
13 | watercraft, or aircraft, used or
operated illegally or | ||||||
14 | attempted to be used or operated illegally by any
person in | ||||||
15 | taking, transporting, holding, or conveying any aquatic life
| ||||||
16 | contrary to this Code, including administrative rules, shall be | ||||||
17 | deemed a
public nuisance and therefore illegal and subject to | ||||||
18 | seizure and
confiscation by any authorized employee of the | ||||||
19 | Department. Upon the
seizure of such an item the Department | ||||||
20 | shall take and hold the item until
disposed of as provided in | ||||||
21 | this Code.
| ||||||
22 | Upon the seizure of any device because of its illegal use, | ||||||
23 | the officer
or authorized employee of the Department making the | ||||||
24 | seizure shall, as soon
as reasonably possible, cause a | ||||||
25 | complaint to be filed before the Circuit
Court and a summons to |
| |||||||
| |||||||
1 | be issued requiring the owner or person in
possession of the | ||||||
2 | property to appear in court and show cause why the
device | ||||||
3 | seized should not be forfeited to the State. Upon the return of
| ||||||
4 | the summons duly served or upon posting or publication of | ||||||
5 | notice as provided
in this Code, the court shall proceed to | ||||||
6 | determine the question of the
illegality of the use of the | ||||||
7 | seized property. Upon judgment being entered
to the effect that | ||||||
8 | the property was illegally used, an order shall be
entered | ||||||
9 | providing for the forfeiture of the seized property to the | ||||||
10 | State.
The owner of the property, however, may have a jury | ||||||
11 | determine the
illegality of its use, and shall have the right | ||||||
12 | of an appeal as in other
civil cases. Confiscation or | ||||||
13 | forfeiture shall not preclude or mitigate
against prosecution | ||||||
14 | and assessment of penalties provided in Section 20-35
of this | ||||||
15 | Code.
| ||||||
16 | Upon seizure of any property under circumstances | ||||||
17 | supporting a
reasonable belief that the property was abandoned, | ||||||
18 | lost, stolen, or
otherwise illegally possessed or used contrary | ||||||
19 | to this
Code, except property seized during a search or arrest, | ||||||
20 | and ultimately
returned, destroyed, or otherwise disposed of | ||||||
21 | under order of a court
in accordance with this Code, the | ||||||
22 | authorized employee of the Department
shall make reasonable | ||||||
23 | inquiry and efforts to identify and notify the owner
or other | ||||||
24 | person entitled to possession of the property and shall return | ||||||
25 | the
property after the person provides reasonable and | ||||||
26 | satisfactory proof of
his or her ownership or right to |
| |||||||
| |||||||
1 | possession and reimburses the Department
for all reasonable | ||||||
2 | expenses of custody. If the identity or location of the
owner | ||||||
3 | or other person entitled to possession of the property has not | ||||||
4 | been
ascertained within 6 months after the Department obtains | ||||||
5 | possession, the
Department shall effectuate the sale of the | ||||||
6 | property for cash to the
highest bidder at a public auction. | ||||||
7 | The owner or other person entitled to
possession of the | ||||||
8 | property may claim and recover possession of the
property at | ||||||
9 | any time before its sale at public auction upon providing
| ||||||
10 | reasonable and satisfactory proof of ownership or right of | ||||||
11 | possession and
reimbursing the Department for all reasonable | ||||||
12 | expenses of custody.
| ||||||
13 | Any property forfeited to the State by court order under | ||||||
14 | this Section
may be disposed of by public auction, except that | ||||||
15 | any property that is
the subject of a court order shall not be | ||||||
16 | disposed of pending appeal
of the order. The proceeds of the | ||||||
17 | sales at auction shall be deposited in
the Illinois Fisheries | ||||||
18 | Management Wildlife and Fish Fund.
| ||||||
19 | The Department shall pay all costs of posting or | ||||||
20 | publication of
notices required by this Section.
| ||||||
21 | (Source: P.A. 87-833.)
| ||||||
22 | (515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
| ||||||
23 | Sec. 1-230. Wildlife and Fish Fund; disposition of money
| ||||||
24 | received. All fees, fines, income of whatever kind or nature | ||||||
25 | derived
from hunting and fishing activities on lands, waters, |
| |||||||
| |||||||
1 | or both under the
jurisdiction or control of the Department, | ||||||
2 | and all penalties collected under
this Code shall be deposited | ||||||
3 | into the State Treasury and
shall be set apart in a special | ||||||
4 | fund to be known as the Wildlife and Fish
Fund; except that all | ||||||
5 | fees and revenues from commercial fishing licenses, sport | ||||||
6 | fishing licenses, inland trout stamps, reimbursements from | ||||||
7 | sport fish restoration grants and Asian Carp and aquatic | ||||||
8 | invasive species grants and other grants from the federal | ||||||
9 | government, fines collected for fish kills and violations of | ||||||
10 | the Fish and Aquatic Life Code, stamps issued for fish habitat, | ||||||
11 | management, or angling events after January 1, 2015 shall be | ||||||
12 | deposited into the Illinois Fisheries Management Fund to be | ||||||
13 | used as specified under Section 1-231 of this Code; except that | ||||||
14 | fees derived solely from the sale of salmon stamps, income
from | ||||||
15 | art contests for the salmon stamp, including income from the | ||||||
16 | sale
of reprints, and gifts, donations, grants, and bequests of | ||||||
17 | money for the
conservation and propagation of salmon shall be | ||||||
18 | deposited into the State
Treasury and set apart in the special | ||||||
19 | fund to be known as the Salmon
Fund; and except that fees | ||||||
20 | derived solely from the sale of state
migratory waterfowl | ||||||
21 | stamps, and gifts, donations, grants and bequests of
money for | ||||||
22 | the conservation and propagation of waterfowl, shall be | ||||||
23 | deposited
into the State Treasury and set apart in the special | ||||||
24 | fund to be known as the
State Migratory Waterfowl Stamp Fund. | ||||||
25 | All interest that accrues from moneys
in the Wildlife and Fish | ||||||
26 | Fund, the Illinois Fisheries Management Fund, the Salmon Fund, |
| |||||||
| |||||||
1 | and the State Migratory
Waterfowl Stamp Fund shall be retained | ||||||
2 | in those funds respectively.
Except for the additional moneys | ||||||
3 | deposited under Section 805-550 of the Department of Natural | ||||||
4 | Resources (Conservation) Law of the
Civil Administrative Code | ||||||
5 | of Illinois, appropriations from the Wildlife and Fish Fund and | ||||||
6 | the Illinois Fisheries Management Fund shall be made only to | ||||||
7 | the
Department for the carrying out of the powers and functions | ||||||
8 | vested by law
in the Department
for the administration and | ||||||
9 | management of fish and wildlife resources of this State for | ||||||
10 | such activities as (i) the purchase of land for fish | ||||||
11 | hatcheries,
wildlife refuges, preserves, and public shooting | ||||||
12 | and fishing grounds; (ii)
the purchase and distribution of wild | ||||||
13 | birds, the eggs of wild birds, and
wild mammals; (iii) the | ||||||
14 | rescuing, restoring and distributing of fish; (iv)
the | ||||||
15 | maintenance of wildlife refuges or preserves, public shooting | ||||||
16 | grounds,
public fishing grounds, and fish hatcheries; and (v) | ||||||
17 | the feeding and care
of wild birds, wild mammals, and fish. | ||||||
18 | Appropriations from the Salmon Fund
shall be made only to the | ||||||
19 | Department to be used solely for the conservation
and | ||||||
20 | propagation of salmon, including construction, operation, and
| ||||||
21 | maintenance of a cold water hatchery, and for payment of the | ||||||
22 | costs of
printing salmon stamps, the expenses incurred in | ||||||
23 | acquiring salmon stamp
designs, and the expenses of producing | ||||||
24 | reprints.
| ||||||
25 | (Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11; | ||||||
26 | 96-1518, eff. 2-4-11.)
|
| |||||||
| |||||||
1 | (515 ILCS 5/1-231 new) | ||||||
2 | Sec. 1-231. Illinois Fisheries Management Fund; | ||||||
3 | disposition of money received. Beginning January 1, 2015, all | ||||||
4 | fees or revenue collected from any resident or non-resident | ||||||
5 | commercial licenses; any resident or non-resident sport | ||||||
6 | fishing licenses; inland trout stamps; all reimbursements from | ||||||
7 | sport fish restoration grants, Asian Carp and aquatic invasive | ||||||
8 | species grants, and other grants from the federal government; | ||||||
9 | fines collected from fish kills and violations of this Code; | ||||||
10 | and any new revenues created from stamps issued for fish | ||||||
11 | habitat, management, or angling events shall be deposited into | ||||||
12 | the Illinois Fisheries Management Fund to be used for the | ||||||
13 | direct benefit and operation of the Division of Fisheries | ||||||
14 | within the Department. The Fund may be used only for fish | ||||||
15 | propagation, fish management, fish conservation, fisheries | ||||||
16 | research, commercial fish evaluation and management, aquatic | ||||||
17 | education projects and programs, enforcement of this Code, | ||||||
18 | expenses of operating the Division of Fisheries within the | ||||||
19 | Department of Natural Resources, maintenance of public fishing | ||||||
20 | grounds, sale of fishing licenses, and land acquisition for the | ||||||
21 | purposes of fish propagation and research and providing access | ||||||
22 | to sport fishing. All expenditures must be approved by the | ||||||
23 | Fisheries Division Chief.
| ||||||
24 | (515 ILCS 5/5-5) (from Ch. 56, par. 5-5)
|
| |||||||
| |||||||
1 | Sec. 5-5. Ownership and title; violations; penalties. The | ||||||
2 | ownership of
and title to all aquatic life within the | ||||||
3 | boundaries of the State, are
hereby declared to be in the | ||||||
4 | State, and no aquatic life shall be taken or
killed, in any | ||||||
5 | manner or at any time, unless the person or persons so
taking | ||||||
6 | or killing the aquatic life shall consent that the title to the
| ||||||
7 | aquatic life shall be and remain in the State for the purpose | ||||||
8 | of regulating
the taking, killing, possession, use, sale, and | ||||||
9 | transportation of aquatic
life after taking or killing, as set | ||||||
10 | forth in this Code.
| ||||||
11 | Aquatic products, as defined in the Aquaculture | ||||||
12 | Development Act, bred,
hatched, propagated, or raised by the | ||||||
13 | owner of a body of water, with the
consent of the Department of | ||||||
14 | Natural Resources through the
issuance of an
aquaculture permit | ||||||
15 | and consistent with this Section, in permitted
aquaculture | ||||||
16 | facilities in or on that body of water are the property of the
| ||||||
17 | person who bred, hatched, propagated, or raised them or that | ||||||
18 | person's
successor in interest. Ownership of aquatic products | ||||||
19 | reverts to the State
upon revocation or expiration of an | ||||||
20 | aquaculture permit as prescribed by
administrative rule.
| ||||||
21 | If any person causes any waste, sewage, thermal effluent, | ||||||
22 | or any other
pollutant to enter into, or causes or allows | ||||||
23 | pollution of, any waters of
this State so as to kill aquatic | ||||||
24 | life, the Department, through the Attorney
General, may bring | ||||||
25 | an action against that person and recover the value of
and the | ||||||
26 | related costs in determining the value of the aquatic life
|
| |||||||
| |||||||
1 | destroyed by the waste, sewage, thermal effluent, or pollution. | ||||||
2 | Any money
so recovered shall be placed into the Illinois | ||||||
3 | Fisheries Management Wildlife and Fish Fund in the State
| ||||||
4 | Treasury.
| ||||||
5 | If any person shall abandon, deposit, or otherwise place | ||||||
6 | any wire,
can, bottle, glass, paper, trash, rubbish, cardboard, | ||||||
7 | wood cartons,
boxes, trees, parts of trees, brush, or other | ||||||
8 | insoluble material,
including animal or vegetable material, | ||||||
9 | into the waters or upon the ice
of any waters of this State, or | ||||||
10 | in any place on the bank of waters of
this State where it shall | ||||||
11 | be liable to be washed into the waters either
by storms, | ||||||
12 | floods, or other causes, the person shall be in violation of | ||||||
13 | the
offense of polluting. Employees of the Department, however, | ||||||
14 | may place or
direct the placement, in the waters of the State, | ||||||
15 | of insoluble materials
deemed suitable for the purposes of | ||||||
16 | enhancing aquatic habitat. Any person
who shall be found guilty | ||||||
17 | under this Section shall be guilty of a petty
offense, and the | ||||||
18 | Court shall further order that the guilty person shall
employ | ||||||
19 | every practical means of removing the debris within a time | ||||||
20 | specified
by the Court. Failure to comply with an order under | ||||||
21 | this Section shall
constitute a Class B misdemeanor.
| ||||||
22 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
23 | (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
| ||||||
24 | Sec. 20-45. License fees for residents. Fees for licenses | ||||||
25 | for residents
of the State of Illinois shall be as follows:
|
| |||||||
| |||||||
1 | (a) Except as otherwise provided in this Section, for | ||||||
2 | sport fishing
devices as defined in Section 10-95 or | ||||||
3 | spearing devices as defined in
Section 10-110, the fee is | ||||||
4 | $14.50 for individuals 16 to 64 years old,
one-half of the | ||||||
5 | current fishing license fee for individuals age 65 or | ||||||
6 | older,
and, commencing with the 2012 license year, one-half | ||||||
7 | of the current fishing license fee for resident veterans of | ||||||
8 | the United States Armed Forces after returning from service | ||||||
9 | abroad or mobilization by the President of the United | ||||||
10 | States. Veterans must provide, to the Department at one of | ||||||
11 | the Department's 5 regional offices, verification of their | ||||||
12 | service. The Department shall establish what constitutes | ||||||
13 | suitable verification of service for the purpose of issuing | ||||||
14 | fishing licenses to resident veterans at a reduced fee.
| ||||||
15 | (b) All residents before using any commercial fishing | ||||||
16 | device shall
obtain a commercial fishing license, the fee | ||||||
17 | for which shall be $60 and a resident fishing license, the | ||||||
18 | fee for which is $14.50.
Each and every commercial device | ||||||
19 | used shall be licensed by a resident
commercial fisherman | ||||||
20 | as follows:
| ||||||
21 | (1) For each 100 lineal yards, or fraction thereof, | ||||||
22 | of seine
the fee is $18. For each minnow seine, minnow | ||||||
23 | trap, or net for commercial
purposes the fee is $20.
| ||||||
24 | (2) For each device to fish with a 100 hook trot | ||||||
25 | line
device,
basket trap, hoop net, or dip net the fee | ||||||
26 | is $3.
|
| |||||||
| |||||||
1 | (3) When used in the waters of Lake Michigan, for | ||||||
2 | the first 2000
lineal feet, or fraction thereof, of | ||||||
3 | gill net the fee is $10; and
for each 1000 additional | ||||||
4 | lineal feet, or fraction thereof, the fee is $10.
These | ||||||
5 | fees shall apply to all gill nets in use in the water | ||||||
6 | or on drying
reels on the shore.
| ||||||
7 | (4) For each 100 lineal yards, or fraction thereof, | ||||||
8 | of gill net
or trammel net the fee is $18.
| ||||||
9 | (c) Residents of the State of Illinois may obtain a | ||||||
10 | sportsmen's
combination license that shall entitle the | ||||||
11 | holder to the same
non-commercial fishing privileges as | ||||||
12 | residents holding a license as
described in subsection (a) | ||||||
13 | of this Section and to the same hunting
privileges as | ||||||
14 | residents holding a license to hunt all species as
| ||||||
15 | described in Section 3.1 of the Wildlife Code. No | ||||||
16 | sportsmen's combination
license shall be issued to any | ||||||
17 | individual who would be ineligible for
either the fishing | ||||||
18 | or hunting license separately. The sportsmen's
combination | ||||||
19 | license fee shall be $25.50.
For residents age 65 or older, | ||||||
20 | the fee is one-half of the fee charged for a
sportsmen's | ||||||
21 | combination license. The portion of the sportsmen's | ||||||
22 | combination license attributable to the fishing license | ||||||
23 | shall be deposited into the Illinois Fisheries Management | ||||||
24 | Fund, and the portion of the sportsmen's combination | ||||||
25 | license attributable to the hunting license shall be | ||||||
26 | deposited into the Wildlife Fund. For resident veterans of |
| |||||||
| |||||||
1 | the United States Armed Forces after returning from service | ||||||
2 | abroad or mobilization by the President of the United | ||||||
3 | States, the fee, commencing with the 2012 license year, is | ||||||
4 | one-half of the fee charged for a
sportsmen's combination | ||||||
5 | license. Veterans must provide to the Department, at one of | ||||||
6 | the Department's 5 regional offices, verification of their | ||||||
7 | service. The Department shall establish what constitutes | ||||||
8 | suitable verification of service for the purpose of issuing | ||||||
9 | sportsmen's
combination licenses to resident veterans at a | ||||||
10 | reduced fee.
| ||||||
11 | (d) For 24 hours of fishing
by sport fishing devices
as | ||||||
12 | defined in Section 10-95 or by spearing devices as defined | ||||||
13 | in Section
10-110 the fee is $5. This license does not | ||||||
14 | exempt the licensee from the
requirement for a salmon or | ||||||
15 | inland trout stamp. The licenses provided for
by this | ||||||
16 | subsection
are not required for residents of the State of | ||||||
17 | Illinois who have obtained the
license provided for in | ||||||
18 | subsection (a) of this Section.
| ||||||
19 | (e) All residents before using any commercial mussel | ||||||
20 | device shall
obtain a commercial mussel license, the fee | ||||||
21 | for which shall be $50.
| ||||||
22 | (f) Residents of this State, upon establishing | ||||||
23 | residency as required
by the Department, may obtain a | ||||||
24 | lifetime hunting or fishing license or
lifetime | ||||||
25 | sportsmen's combination license which shall entitle the | ||||||
26 | holder to
the same non-commercial fishing privileges as |
| |||||||
| |||||||
1 | residents holding a license
as described in paragraph (a) | ||||||
2 | of this Section and to the same hunting
privileges as | ||||||
3 | residents holding a license to hunt all species as | ||||||
4 | described
in Section 3.1 of the Wildlife Code. No lifetime | ||||||
5 | sportsmen's combination
license shall be issued to or | ||||||
6 | retained by any individual
who would be ineligible for | ||||||
7 | either the fishing or hunting license
separately, either | ||||||
8 | upon issuance, or in any year a violation would
subject an | ||||||
9 | individual to have either or both fishing or hunting | ||||||
10 | privileges
rescinded. The lifetime hunting and fishing | ||||||
11 | license fees shall be as follows:
| ||||||
12 | (1) Lifetime fishing: 30 x the current fishing | ||||||
13 | license fee.
| ||||||
14 | (2) Lifetime hunting: 30 x the current hunting | ||||||
15 | license fee.
| ||||||
16 | (3) Lifetime sportsmen's combination license: 30 x | ||||||
17 | the current
sportsmen's combination license fee.
| ||||||
18 | Lifetime licenses shall not be refundable. A $10 fee shall | ||||||
19 | be charged
for reissuing any lifetime license. The Department | ||||||
20 | may establish rules and
regulations for the issuance and use of | ||||||
21 | lifetime licenses and may suspend
or revoke any lifetime | ||||||
22 | license issued under this Section for violations of
those rules | ||||||
23 | or regulations or other provisions under this Code or the
| ||||||
24 | Wildlife Code. Individuals under 16 years of age who possess a | ||||||
25 | lifetime
hunting or sportsmen's combination license shall have | ||||||
26 | in their possession,
while in the field, a certificate of |
| |||||||
| |||||||
1 | competency as required under Section
3.2 of the Wildlife Code. | ||||||
2 | Any lifetime license issued under this Section
shall not exempt | ||||||
3 | individuals from obtaining additional stamps or permits
| ||||||
4 | required under the provisions of this Code or the Wildlife | ||||||
5 | Code.
Individuals required to purchase additional stamps shall | ||||||
6 | sign the stamps
and have them in their possession while fishing | ||||||
7 | or hunting with a lifetime
license. All fees received from the | ||||||
8 | issuance
of lifetime licenses shall be deposited in the Fish | ||||||
9 | and Wildlife Endowment
Fund.
| ||||||
10 | Except for licenses issued under subsection (e) of this | ||||||
11 | Section, all
licenses provided for in this Section shall expire | ||||||
12 | on March 31 of
each year, except that the license provided for | ||||||
13 | in subsection (d) of
this Section shall expire 24 hours after | ||||||
14 | the effective date and time listed
on the face of the license.
| ||||||
15 | All individuals required to have and failing to have the | ||||||
16 | license provided
for in subsection (a) or (d) of this Section | ||||||
17 | shall be fined according to the
provisions of Section 20-35 of | ||||||
18 | this Code.
| ||||||
19 | All individuals required to have and failing to have the | ||||||
20 | licenses
provided for in subsections (b) and (e) of this | ||||||
21 | Section shall be guilty of a
Class B misdemeanor.
| ||||||
22 | (Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12; | ||||||
23 | 97-1136, eff. 1-1-13.)
| ||||||
24 | (515 ILCS 5/20-85) (from Ch. 56, par. 20-85)
| ||||||
25 | Sec. 20-85. Taxidermist license.
|
| |||||||
| |||||||
1 | (a) Before engaging in the business of taxidermy of aquatic | ||||||
2 | life , every person shall
obtain a license for that purpose from | ||||||
3 | the Department. Application for a
license shall be filed with | ||||||
4 | the Department and shall set forth the name of
the applicant; | ||||||
5 | its principal officers, if the applicant is a corporation,
or | ||||||
6 | the partners, if the applicant is a partnership; the location | ||||||
7 | of the
place of business; and any additional information the | ||||||
8 | Department may
require. The annual fee for each taxidermist | ||||||
9 | license shall be $25. All
licenses issued to taxidermists are | ||||||
10 | valid only at the location described
and designated on the | ||||||
11 | application for the license. All taxidermist licenses
shall | ||||||
12 | expire on January 31 of each year. Individuals employed
by a
| ||||||
13 | licensed taxidermist shall not be required to possess a | ||||||
14 | taxidermist license
while working for and at the place of | ||||||
15 | business of the license holder.
| ||||||
16 | Licensed taxidermists shall submit to the Department a list | ||||||
17 | naming all
individuals who will be working at the place of | ||||||
18 | business specified on the
permit. Only those individuals whose | ||||||
19 | names are on file with the Department
shall be authorized to | ||||||
20 | work under the scope of the taxidermist's license.
| ||||||
21 | (b) Taxidermists shall keep written records of all aquatic | ||||||
22 | life or parts of
aquatic life received or returned by them. | ||||||
23 | Records shall include the following
information:
| ||||||
24 | (1) The date the aquatic life was received.
| ||||||
25 | (2) The name and address of the person from whom the | ||||||
26 | aquatic life was
received.
|
| |||||||
| |||||||
1 | (3) The number and species of all aquatic life | ||||||
2 | received.
| ||||||
3 | (4) The number and state of issuance of the fishing | ||||||
4 | license, or
special Department permit, of the person from | ||||||
5 | whom the aquatic life was
received. In the absence of a | ||||||
6 | license or permit number, the taxidermist may
rely on the | ||||||
7 | written certification of the person from whom the aquatic | ||||||
8 | life was
received that the specimen was legally taken or | ||||||
9 | obtained, or, in the event the
person is exempt from the | ||||||
10 | apposite license requirements, an indication of the
| ||||||
11 | exemption.
| ||||||
12 | (c) All aquatic life or parts of aquatic life that have | ||||||
13 | been
received, preserved, mounted, or possessed by a | ||||||
14 | taxidermist are required to
bear a coded origin tag or label. | ||||||
15 | The coded origin tag or label shall
correspond with written | ||||||
16 | records containing more complete information as
required by the | ||||||
17 | Department.
| ||||||
18 | (d) Taxidermy records shall be open for inspection by any | ||||||
19 | peace officer
at any reasonable hour. Taxidermists shall | ||||||
20 | maintain records for a period
of 2 years from the date of | ||||||
21 | receipt of the aquatic life or for as long as
the specimen or | ||||||
22 | mount remains in the taxidermist's possession, whichever is
| ||||||
23 | longer.
| ||||||
24 | The Department may require the taxidermist to submit to it | ||||||
25 | any information
it deems necessary.
| ||||||
26 | (e) No taxidermist shall have in his or her possession any |
| |||||||
| |||||||
1 | aquatic
life that is not listed in his or her written records | ||||||
2 | and properly
tagged or labeled.
| ||||||
3 | (f) All persons licensed as taxidermists under this Code | ||||||
4 | who shall ship any
aquatic life or parts of aquatic life that | ||||||
5 | have been received, preserved, or
mounted shall tag or label | ||||||
6 | the shipment and the tag or label shall state the
name of the | ||||||
7 | taxidermist and the number and date of his or her license.
| ||||||
8 | (g) Nothing in this Section removes taxidermists from | ||||||
9 | responsibility for
the observance of any federal laws, rules, | ||||||
10 | or regulations that may apply to the
taxidermy business.
| ||||||
11 | (Source: P.A. 88-416; 89-66, eff. 1-1-96.)
| ||||||
12 | (515 ILCS 5/30-15) (from Ch. 56, par. 30-15)
| ||||||
13 | Sec. 30-15. Use of license fees. No funds accruing to the | ||||||
14 | State of
Illinois from license fees paid by fishermen shall be | ||||||
15 | diverted for any
other purpose than the administration of the | ||||||
16 | Department of Natural
Resources for the management of fish and | ||||||
17 | wildlife resources of the State.
| ||||||
18 | (Source: P.A. 95-853, eff. 8-18-08.)
| ||||||
19 | Section 50. The Wildlife Code is amended by changing | ||||||
20 | Sections 1.11, 1.25, 1.28, 1.30, 3.1-3, 3.21, and 3.39 as | ||||||
21 | follows:
| ||||||
22 | (520 ILCS 5/1.11) (from Ch. 61, par. 1.11)
| ||||||
23 | Sec. 1.11.
The Department may establish Conservation |
| |||||||
| |||||||
1 | Training Schools and employ
technicians and such other help as | ||||||
2 | may be necessary for the purpose of
teaching conservation | ||||||
3 | methods to employees of the
Department, and such other | ||||||
4 | interested groups as the Department shall
deem necessary or | ||||||
5 | desirable to carry out the provisions and purposes of
this Act.
| ||||||
6 | The Department shall, in order to educate the citizens of | ||||||
7 | this State
in the modern trends of conservation, disseminate
| ||||||
8 | conservation information and the provisions of this Act
through | ||||||
9 | the mediums of lectures, motion pictures, photographs, | ||||||
10 | pictures,
exhibits, radio, news items, pamphlets and other | ||||||
11 | media the Department
may deem suitable for this purpose.
| ||||||
12 | The Department may publish, periodically, a bulletin or | ||||||
13 | magazine
containing information concerning the work of the | ||||||
14 | Department, the
conservation and propagation of wildlife, | ||||||
15 | hunting and fishing, and any
such other information as the | ||||||
16 | Department deems to be of general or
special interest to | ||||||
17 | sportsmen and others affected by any law
administered by the | ||||||
18 | Department. A reasonable charge may be made for each
copy of | ||||||
19 | such publication. All funds derived from the sale of such
| ||||||
20 | publication shall be deposited equally in the Wildlife Fund and | ||||||
21 | the Illinois Fisheries Management Fund and Fish fund in the | ||||||
22 | State
Treasury.
| ||||||
23 | (Source: P.A. 81-382.)
| ||||||
24 | (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
| ||||||
25 | Sec. 1.25.
Every hunting or trapping device, vehicle or |
| |||||||
| |||||||
1 | conveyance, when
used or operated illegally, or attempted to be | ||||||
2 | used or operated illegally
by any person in taking, | ||||||
3 | transporting, holding, or conveying any wild bird
or wild | ||||||
4 | mammal, contrary to the provisions of this Act, including | ||||||
5 | administrative
rules, is a public nuisance and subject to | ||||||
6 | seizure and confiscation by
any authorized employee of the | ||||||
7 | Department; upon the seizure of such item
the Department shall | ||||||
8 | take and hold the same until disposed of as hereinafter | ||||||
9 | provided.
| ||||||
10 | Upon the seizure of any property as herein provided, the | ||||||
11 | authorized employee
of the Department making such seizure shall | ||||||
12 | forthwith cause a complaint
to be filed before the Circuit | ||||||
13 | Court and a summons to be issued requiring
the person who | ||||||
14 | illegally used or operated or attempted to use or operate
such | ||||||
15 | property and the owner and person in possession of such | ||||||
16 | property to
appear in court and show cause why the property | ||||||
17 | seized should not be forfeited
to the State.
Upon the return of | ||||||
18 | the summons duly served or other notice as herein provided,
the | ||||||
19 | court shall proceed to determine the question of the illegality | ||||||
20 | of the
use of the seized property and upon judgment being | ||||||
21 | entered to the effect
that such property was illegally used, an | ||||||
22 | order may be entered providing
for the forfeiture of such | ||||||
23 | seized property to the Department and shall thereupon
become | ||||||
24 | the property of the Department; but the owner of such property | ||||||
25 | may
have a jury determine the illegality of its use, and shall | ||||||
26 | have the right
of an appeal, as in other cases. Such |
| |||||||
| |||||||
1 | confiscation or forfeiture
shall not preclude or mitigate | ||||||
2 | against prosecution and assessment of penalties
otherwise | ||||||
3 | provided in this Act.
| ||||||
4 | Upon seizure of any property under circumstances | ||||||
5 | supporting a
reasonable belief that such property was | ||||||
6 | abandoned, lost or stolen or
otherwise illegally possessed or | ||||||
7 | used contrary to the provisions of this
Act, except property | ||||||
8 | seized during a search or arrest, and ultimately
returned, | ||||||
9 | destroyed, or otherwise disposed of pursuant to order of a | ||||||
10 | court
in accordance with this Act, the authorized employee of | ||||||
11 | the Department
shall make reasonable inquiry and efforts to | ||||||
12 | identify and notify the owner
or other person entitled to | ||||||
13 | possession thereof, and shall return the
property after such | ||||||
14 | person provides reasonable and satisfactory proof of
his | ||||||
15 | ownership or right to possession and reimburses the Department | ||||||
16 | for all
reasonable expenses of such custody. If the identity or | ||||||
17 | location of the
owner or other person entitled to possession of | ||||||
18 | the property has not been
ascertained within 6 months after the | ||||||
19 | Department obtains such possession,
the Department shall | ||||||
20 | effectuate the sale of the property for cash to the
highest | ||||||
21 | bidder at a public auction. The owner or other person entitled | ||||||
22 | to
possession of such property may claim and recover possession | ||||||
23 | of the
property at any time before its sale at public auction, | ||||||
24 | upon providing
reasonable and satisfactory proof of ownership | ||||||
25 | or right of possession and
reimbursing the Department for all | ||||||
26 | reasonable expenses of custody thereof.
|
| |||||||
| |||||||
1 | Any property, including guns, forfeited to the State by | ||||||
2 | court order pursuant
to this Section, may be disposed of by | ||||||
3 | public auction, except
that any property which is the subject | ||||||
4 | of such a court order shall not be
disposed of pending appeal | ||||||
5 | of the order. The proceeds of the sales at auction
shall be | ||||||
6 | deposited in the Wildlife and Fish Fund.
| ||||||
7 | The Department shall pay all costs of notices required by | ||||||
8 | this Section.
| ||||||
9 | (Source: P.A. 85-152.)
| ||||||
10 | (520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
| ||||||
11 | Sec. 1.28. Fees and fines; deposit in funds. All fees, | ||||||
12 | fines,
including bond forfeitures, income of whatsoever
kind or | ||||||
13 | nature derived from hunting and fishing activities on lands or | ||||||
14 | waters
or both under the jurisdiction or control of the | ||||||
15 | Department, and all penalties
collected under this Act shall be | ||||||
16 | deposited in the State Treasury and
shall be set apart in a | ||||||
17 | special fund to be known as the "Wildlife and Fish
Fund"; | ||||||
18 | except that all fees and revenues from commercial fishing | ||||||
19 | licenses, sport fishing licenses, inland trout stamps, | ||||||
20 | reimbursements from sport fish restoration grants and Asian | ||||||
21 | Carp and aquatic invasive species grants and other grants from | ||||||
22 | the federal government, fines collected for fish kills and | ||||||
23 | violations of the Fish and Aquatic Life Code, stamps issued for | ||||||
24 | fish habitat, management, or angling events after January 1, | ||||||
25 | 2015 shall be deposited into the Illinois Fisheries Management |
| |||||||
| |||||||
1 | Fund to be used as specified in Section 1-231 of the Fish and | ||||||
2 | Aquatic Life Code; except that fees derived solely from the | ||||||
3 | sale of salmon stamps,
income from art contests for the salmon | ||||||
4 | stamp, including income from the
sale of reprints, and gifts, | ||||||
5 | donations, grants and bequests of money for
the conservation | ||||||
6 | and propagation of salmon shall be deposited in the State
| ||||||
7 | Treasury and set apart in the special fund to be known as the | ||||||
8 | "Salmon
Fund"; and except that fees derived solely from the | ||||||
9 | sale of state migratory
waterfowl stamps, and gifts, donations, | ||||||
10 | grants and bequests of money for
the conservation and | ||||||
11 | propagation of waterfowl shall be deposited in the
special fund | ||||||
12 | to be known as the "State Migratory Waterfowl Stamp Fund";
and | ||||||
13 | except that, of fees derived
solely from the sale of State | ||||||
14 | Habitat Stamps, 64% shall be deposited into the Illinois | ||||||
15 | Habitat Fund, 30% into the State Pheasant Fund,
and 6% into the | ||||||
16 | State Furbearer Fund. Income generated from the sale of
artwork | ||||||
17 | associated with the State Habitat Stamps shall be deposited | ||||||
18 | into
the Illinois Habitat Fund.
All interest that accrues from | ||||||
19 | monies deposited into the Wildlife and
Fish Fund, the Illinois | ||||||
20 | Fisheries Management Fund, the Salmon Fund, the State Migratory | ||||||
21 | Waterfowl Stamp Fund, the
State Furbearer Fund, the State | ||||||
22 | Pheasant Fund, and the
Illinois Habitat Fund shall be deposited | ||||||
23 | into those funds, respectively.
Appropriations from the | ||||||
24 | "Wildlife and
Fish Fund" shall be made only to the Department | ||||||
25 | for the carrying out of
the powers and functions vested by law | ||||||
26 | in the Department
for the administration and management of fish |
| |||||||
| |||||||
1 | and wildlife resources of this State for such activities as the | ||||||
2 | purchase of land for fish hatcheries, wildlife refuges,
| ||||||
3 | preserves and public shooting and fishing grounds; the purchase | ||||||
4 | and
distribution of wild birds, the eggs of wild birds, and | ||||||
5 | wild mammals for
rescuing, restoring and distributing fish ; the | ||||||
6 | maintenance of wildlife
refuges, or preserves, public shooting | ||||||
7 | grounds , public fishing grounds and
fish hatcheries ; and the | ||||||
8 | feeding and care of wild birds and , wild
animals and fish .
| ||||||
9 | (Source: P.A. 95-853, eff. 8-18-08.)
| ||||||
10 | (520 ILCS 5/1.30) (from Ch. 61, par. 1.30)
| ||||||
11 | Sec. 1.30.
The Department has the authority to sell
Federal | ||||||
12 | Migratory Bird Hunting and Conservation Stamps.
The Department | ||||||
13 | may consign, issue or otherwise make
available such stamps for | ||||||
14 | sale by designated agents as
authorized in Section 3.37 of this | ||||||
15 | Act. The income
received from the sale of Federal Migratory | ||||||
16 | Bird Hunting
and Conservation Stamps shall be deposited in the | ||||||
17 | Wildlife
and Fish Fund. Proceeds collected, less | ||||||
18 | administrative fees
so authorized, shall be remitted to the | ||||||
19 | United States Fish
and Wildlife Services.
| ||||||
20 | (Source: P.A. 85-966.)
| ||||||
21 | (520 ILCS 5/3.1-3)
| ||||||
22 | Sec. 3.1-3. Deer and wild turkey outfitter permit; | ||||||
23 | application and fees. Before
any person provides or offers to | ||||||
24 | provide, for compensation, outfitting services
for deer or
wild |
| |||||||
| |||||||
1 | turkey hunting, that person must apply for and receive a permit | ||||||
2 | from the
Department. The
annual fee for resident outfitter | ||||||
3 | permits shall not exceed $1,000. The annual
fee for
nonresident | ||||||
4 | outfitter permits shall not exceed $2,500. All outfitter permit
| ||||||
5 | fees shall be
deposited into the Wildlife and Fish Fund. The | ||||||
6 | criteria, definitions,
application process,
fees, and | ||||||
7 | standards of outfitting services shall be provided by
| ||||||
8 | administrative rule.
| ||||||
9 | (Source: P.A. 92-177, eff. 7-27-01.)
| ||||||
10 | (520 ILCS 5/3.21) (from Ch. 61, par. 3.21)
| ||||||
11 | Sec. 3.21.
(a) Every person before engaging in the business | ||||||
12 | of
taxidermy of wildlife shall obtain a license for such | ||||||
13 | purpose from the Department.
Application for such license shall | ||||||
14 | be filed with the Department and shall
set forth the name of | ||||||
15 | the applicant; its principal officers, if the
applicant is a | ||||||
16 | corporation, or the partners, if the applicant is a
| ||||||
17 | partnership; the location of the place of business and such | ||||||
18 | additional
information as the Department may require. The | ||||||
19 | annual fee for each
taxidermist license shall be $25.00. All | ||||||
20 | licenses issued to taxidermists
are valid only at the location | ||||||
21 | described and designated on the application
for such license. | ||||||
22 | All taxidermist permits shall expire on January 31 of
each | ||||||
23 | year. Persons employed by a licensed taxidermist shall not be
| ||||||
24 | required to possess a taxidermist license while working for and | ||||||
25 | at the
place of business of the license holder.
|
| |||||||
| |||||||
1 | Licensed taxidermists shall submit to the Department a list | ||||||
2 | naming all
individuals who will be working at the place of | ||||||
3 | business specified on
the license. Only those individuals whose | ||||||
4 | names are on file with the
Department shall be authorized to | ||||||
5 | work under the scope of the taxidermist's
license.
| ||||||
6 | (b) Taxidermists shall keep written records of all birds or | ||||||
7 | mammals,
or parts thereof, received or returned by them. | ||||||
8 | Records shall include the
following information:
| ||||||
9 | (1) The date the bird or mammal was received.
| ||||||
10 | (2) The name and address of the person from whom the | ||||||
11 | bird or mammal was
received.
| ||||||
12 | (3) The number and species of each bird or mammal | ||||||
13 | received.
| ||||||
14 | (4) The number and state of issuance of the hunting or | ||||||
15 | trapping license,
or special Department permit, of the | ||||||
16 | individual from whom the bird or mammal
was received. In | ||||||
17 | the absence of a license or permit number, the
taxidermist | ||||||
18 | may rely on the written certification of the person from | ||||||
19 | whom the
bird or mammal was received that the specimen was | ||||||
20 | legally taken or obtained,
or, in the event the individual | ||||||
21 | is exempt from the apposite license
requirements, an | ||||||
22 | indication of such exemption.
| ||||||
23 | (c) All birds or mammals or parts thereof that have been | ||||||
24 | received,
preserved
or mounted or possessed by a taxidermist | ||||||
25 | are required to bear a coded origin
tag or label. The origin | ||||||
26 | tag or label shall correspond with written
records containing |
| |||||||
| |||||||
1 | more complete information as required by the Department.
| ||||||
2 | (d) Taxidermy records shall be open for inspection by any | ||||||
3 | peace officer
at any reasonable hour. Taxidermists shall | ||||||
4 | maintain records for a period
of 2 years from the date of | ||||||
5 | receipt of the bird or mammal or for as long
as the specimen or | ||||||
6 | mount remains in the taxidermist's possession, whichever
is | ||||||
7 | longer. The Department may require the taxidermist to submit to | ||||||
8 | it such
information as it deems necessary.
| ||||||
9 | (e) A licensed taxidermist may possess the green hides of | ||||||
10 | furbearers and
other game mammals the year round as long as | ||||||
11 | such hides are tagged as and
remain the property of the | ||||||
12 | individual who legally took them and for whom the
taxidermist | ||||||
13 | is performing services.
| ||||||
14 | (f) A licensed taxidermist may without a fur tanners permit | ||||||
15 | tan the
green hides of furbearers and other game mammals as | ||||||
16 | long as such hides are
tagged as and remain the property of the | ||||||
17 | individual who legally took them
and for whom the taxidermist | ||||||
18 | is performing services.
| ||||||
19 | (f.5) A licensed taxidermist may, without a fur buyer's | ||||||
20 | permit, buy, sell,
transport and possess the green or tanned | ||||||
21 | hides of any legally obtained
furbearer or game mammal the year | ||||||
22 | round as long as the hides in the
taxidermist's possession are | ||||||
23 | used for taxidermy purposes only and bear a coded
origin tag or | ||||||
24 | label. The origin tag or label shall correspond with written
| ||||||
25 | records containing more complete information as required by the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | (g) No taxidermist shall have in his or her possession any | ||||||
2 | bird or
mammal that is not listed in his written records and | ||||||
3 | properly tagged or
labeled.
| ||||||
4 | (h) All persons licensed as taxidermists under this Act who | ||||||
5 | shall ship
any birds or mammals or parts thereof that have been | ||||||
6 | received, preserved or
mounted, shall tag or label such | ||||||
7 | shipment and such tag or label shall
state the name of the | ||||||
8 | taxidermist and the number and date of his or her
license.
| ||||||
9 | (i) Nothing in this Section removes taxidermists from | ||||||
10 | responsibility for
the observance of any federal laws, rules, | ||||||
11 | or regulations that may apply to the
taxidermy business.
| ||||||
12 | (Source: P.A. 88-416.)
| ||||||
13 | (520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
| ||||||
14 | Sec. 3.39.
Residents of the State of Illinois may obtain a | ||||||
15 | Sportsmen's
Combination License which shall entitle the holder | ||||||
16 | to the same
non-commercial fishing privileges as residents | ||||||
17 | holding a fishing license
described in subparagraph (a) of | ||||||
18 | Section 20-45 of the Fish and Aquatic Life
Code, and to the | ||||||
19 | same hunting privileges as residents holding a license to
hunt | ||||||
20 | all species, as described in Section 3.1 of this Act. The | ||||||
21 | portion of the sportsmen's combination license attributable to | ||||||
22 | the fishing license shall be deposited into the Illinois | ||||||
23 | Fisheries Management Fund, and the portion of the sportsmen's | ||||||
24 | combination license attributable to the hunting license shall | ||||||
25 | be deposited into the Wildlife Fund. However, no
Sportsmen's |
| |||||||
| |||||||
1 | Combination License shall be issued to any person who would be
| ||||||
2 | ineligible for either the fishing or hunting license | ||||||
3 | separately. The
Sportsmen's Combination License fee shall be | ||||||
4 | $25.50.
For residents age 65 or older, the fee is one-half of | ||||||
5 | the fee charged for a
Sportsmen's Combination License.
| ||||||
6 | (Source: P.A. 96-831, eff. 1-1-10.)
| ||||||
7 | (520 ILCS 5/1.28a rep.)
| ||||||
8 | Section 55. The Wildlife Code is amended by repealing | ||||||
9 | Section 1.28a.
| ||||||
10 | Section 58. The Wildlife Restoration Cooperation Act is | ||||||
11 | amended by changing Section 2 as follows:
| ||||||
12 | (520 ILCS 15/2) (from Ch. 61, par. 134)
| ||||||
13 | Sec. 2. No funds accruing to the State of Illinois from | ||||||
14 | license fees paid by
hunters shall be diverted for any other | ||||||
15 | purpose than the administration
of the Department of Natural | ||||||
16 | Resources for the management of fish and wildlife resources of | ||||||
17 | the State.
| ||||||
18 | (Source: P.A. 95-853, eff. 8-18-08.)
| ||||||
19 | Section 60. The Ginseng Harvesting Act is amended by | ||||||
20 | changing Section 2g as follows:
| ||||||
21 | (525 ILCS 20/2g) (from Ch. 61, par. 514)
|
| |||||||
| |||||||
1 | Sec. 2g.
All fees, fines, and other income of whatsoever | ||||||
2 | kind or nature
derived from this Act shall be deposited in the | ||||||
3 | Wildlife and Fish Fund in
the State treasury.
| ||||||
4 | (Source: P.A. 83-680.)".
|