Rep. Katherine Cloonen

Filed: 4/8/2014

 

 


 

 


 
09800HB0738ham003LRB098 03569 MGM 58101 a

1
AMENDMENT TO HOUSE BILL 738

2    AMENDMENT NO. ______. Amend House Bill 738 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Oil and Gas Wells on Public Lands Act is
5amended by changing Section 10 as follows:
 
6    (5 ILCS 615/10)  (from Ch. 96 1/2, par. 5010)
7    Sec. 10. Proceeds. Except as hereinafter provided, the
8proceeds derived and bonuses, rentals and royalties from and
9other inducements and considerations for the execution and
10operation of the oil and gas leases provided for in this Act
11shall be disposed of as provided for by the State Officers and
12Employees Money Disposition Act. However, all bonuses, rentals
13and royalties received from the permitting or leasing of lands
14which have been purchased by the Department of Natural
15Resources (formerly designated the Department of Conservation)
16from moneys appropriated from the Wildlife and Fish Fund or the

 

 

09800HB0738ham003- 2 -LRB098 03569 MGM 58101 a

1Illinois Fisheries Management Fund and which at the time of
2permitting or leasing are under the control of the Department
3of Natural Resources (formerly designated the Department of
4Conservation), shall be paid equally into the Wildlife and Fish
5Fund and the Illinois Fisheries Management Fund of the State
6Treasury. All proceeds, bonuses, rentals, royalties, and other
7inducements and considerations received from the permitting or
8leasing of Department of Natural Resources lands that have not
9been purchased by the Department of Natural Resources with
10moneys appropriated from the Wildlife and Fish Fund and the
11Illinois Fisheries Management Fund shall be deposited as
12follows: at least 50% of the amounts received shall be
13deposited into the State Parks Fund and not more than 50% shall
14be deposited into the Plugging and Restoration Fund.
15(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
 
16    Section 10. The Department of Natural Resources
17(Conservation) Law of the Civil Administrative Code of Illinois
18is amended by changing Sections 805-235, 805-275, 805-335,
19805-420, 805-430, 805-550, and 805-560 as follows:
 
20    (20 ILCS 805/805-235)  (was 20 ILCS 805/63a6)
21    Sec. 805-235. Lease of lands acquired by the Department;
22disposition of obsolete buildings. The Department has the power
23to do and perform each and every act or thing considered by the
24Director to be necessary or desirable to fulfill and carry out

 

 

09800HB0738ham003- 3 -LRB098 03569 MGM 58101 a

1the intent and purpose of all laws pertaining to the
2Department, including the right to rehabilitate or sell at
3public auction buildings or structures affixed to lands over
4which the Department has acquired jurisdiction when in the
5judgment of the Director those buildings or structures are
6obsolete, inadequate, or unusable for the purposes of the
7Department and to lease those lands with or without
8appurtenances for a consideration in money or in kind for a
9period of time not in excess of 5 years for the purposes and
10upon the terms and conditions that the Director considers to be
11in the best interests of the State when those lands are not
12immediately to be used or developed by the State. All those
13sales shall be made subject to the written approval of the
14Governor. The funds derived from those sales and from those
15leases shall be deposited in the State Parks Fund, except that
16funds derived from those sales and from those leases on lands
17managed and operated principally as wildlife or fisheries areas
18by the Department shall be deposited in the Wildlife and Fish
19Fund or the Illinois Fisheries Management Fund, respectively.
20(Source: P.A. 91-239, eff. 1-1-00.)
 
21    (20 ILCS 805/805-275)  (was 20 ILCS 805/63a27)
22    Sec. 805-275. Sale of gravel and other materials. The
23Department has the power to sell gravel, sand, earth, or other
24material from any State of Illinois owned lands or waters under
25the jurisdiction of the Department at a fair market price.

 

 

09800HB0738ham003- 4 -LRB098 03569 MGM 58101 a

1Fifty percent of the The proceeds from the sales shall be
2deposited into the Wildlife and Fish Fund and 50% of the
3proceeds from the sales shall be deposited into the Illinois
4Fisheries Management Fund in the State treasury.
5(Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
 
6    (20 ILCS 805/805-335)
7    Sec. 805-335. Fees. The Department has the power to assess
8appropriate and reasonable fees for the use of concession type
9facilities as well as other facilities and sites under the
10jurisdiction of the Department, including, but not limited to,
11beaches, bike trails, equestrian trails, and other types of
12trails. The Department may regulate, by rule, the fees to be
13charged. The income collected shall be deposited into the State
14Parks Fund, the or Wildlife and Fish Fund, or the Illinois
15Fisheries Management Fund depending on the classification of
16the State managed facility involved. The monies deposited into
17the State Parks Fund, or the Wildlife and Fish Fund, and the
18Illinois Fisheries Management Fund under this Section shall not
19be subject to administrative charges or chargebacks unless
20otherwise authorized by this Act.
21(Source: P.A. 97-1136, eff. 1-1-13.)
 
22    (20 ILCS 805/805-420)  (was 20 ILCS 805/63a36)
23    Sec. 805-420. Appropriations from Park and Conservation
24Fund. The Department has the power to expend monies

 

 

09800HB0738ham003- 5 -LRB098 03569 MGM 58101 a

1appropriated to the Department from the Park and Conservation
2Fund in the State treasury for conservation and park purposes.
3    Eighty percent of the revenue derived from fees paid for
4certificates of title, duplicate certificates of title and
5corrected certificates of title and deposited in the Park and
6Conservation Fund, as provided for in Section 2-119 of the
7Illinois Vehicle Code, shall be expended solely by the
8Department pursuant to an appropriation for acquisition,
9development, and maintenance of bike paths, including grants
10for the acquisition and development of bike paths and 20% of
11the revenue derived from fees may only be used for operation of
12the Division of Fisheries within the Department, and shall be
13deposited into the Illinois Fisheries Management Fund, a
14special fund created in the State Treasury to be used for the
15operation of the Division of Fisheries within the Department.
16    Revenue derived from fees paid for the registration of
17motor vehicles of the first division and deposited in the Park
18and Conservation Fund, as provided for in Section 3-806 of the
19Illinois Vehicle Code, shall be expended by the Department for
20the 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

 

 

09800HB0738ham003- 6 -LRB098 03569 MGM 58101 a

1    managed sites.
2    The monies deposited into the Park and Conservation Fund
3and the Illinois Fisheries Management Fund under this Section
4shall not be subject to administrative charges or chargebacks
5unless otherwise authorized by this Act.
6(Source: P.A. 97-1136, eff. 1-1-13.)
 
7    (20 ILCS 805/805-430)  (was 20 ILCS 805/63b2.4)
8    Sec. 805-430. Sale of advertising. The Department has the
9power and authority to sell or exchange advertising rights in
10its publications and printed materials. The sale of advertising
11shall be subject to the rules and regulations promulgated by
12the Department. All income received from the sale of
13advertising shall be deposited equally in the Wildlife and Fish
14Fund and the Illinois Fisheries Management Fund, except that
15income received from advertising in State Park brochures shall
16be deposited into the State Parks Fund and income received from
17advertising in boating or snowmobile program literature shall
18be deposited in the State Boating Act Fund.
19(Source: P.A. 91-239, eff. 1-1-00.)
 
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
23reinstatement of revoked or suspended licenses, permits,
24registrations, and other privileges that it administers in the

 

 

09800HB0738ham003- 7 -LRB098 03569 MGM 58101 a

1exercise of its powers and duties under Illinois law.
2    (b) Revenues generated from the reinstatement of State park
3privileges shall be deposited into the State Parks Fund.
4Revenues generated from the reinstatement of hunting, fishing,
5trapping, ginseng, falconry, wildlife rehabilitation, and
6outfitter licenses or privileges shall be deposited into the
7Wildlife and Fish Fund or the Illinois Fisheries Management
8Fund, respectively. Revenues generated from the reinstatement
9of boating and snowmobile privileges shall be deposited into
10the State Boating Act Fund. Revenues generated from the
11reinstatement of forestry purchasing privileges shall be
12deposited into the Illinois Forestry Development Fund. Other
13revenues generated from the reinstatement of a license, permit,
14registration, or other privilege shall be deposited into the
15State fund in which the fee for that privilege is deposited.
16The Comptroller shall maintain a separate accounting of the
17moneys deposited under this subsection.
18    (c) Moneys deposited under subsection (b) shall be used by
19the Department, subject to appropriation, for the following
20purposes:
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.

 

 

09800HB0738ham003- 8 -LRB098 03569 MGM 58101 a

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
4states.
5    (a) The General Assembly finds that a dedicated funding
6stream shall be established for the operation and maintenance
7of sites owned, managed, or leased by the Department to help
8ensure that these State treasures will be properly maintained
9and remain accessible to the public for generations to come.
10    (b) The Department may charge an annual vehicle access fee
11for access by site visitors from other states to properties
12owned, managed, or leased by the Department.
13    (c) The Department may charge a daily vehicle access fee to
14site visitors from other states who have not paid the current
15annual vehicle access fee.
16    (d) The Department may establish a fine for site visitors
17from other states who enter a site in a vehicle without paying
18the annual vehicle access fee or daily vehicle access fee.
19    (e) Revenue generated by the fees and fine assessed
20pursuant to this Section shall be deposited into the State
21Parks Fund, or the Wildlife and Fish Fund, or the Illinois
22Fisheries Management Fund, special funds in the State treasury,
23depending on the classification of the State managed facility
24involved.
25    (f) The Department shall adopt any and all rules necessary

 

 

09800HB0738ham003- 9 -LRB098 03569 MGM 58101 a

1to implement this Section.
2    (g) The monies deposited into the State Parks Fund, or the
3Wildlife and Fish Fund, and the Illinois Fisheries Management
4Fund under this Section shall not be subject to administrative
5charges or chargebacks unless otherwise authorized by this Act.
6(Source: P.A. 97-1136, eff. 1-1-13.)
 
7    Section 15. The State Parks Act is amended by changing
8Section 4c as follows:
 
9    (20 ILCS 835/4c)  (from Ch. 105, par. 468.3)
10    Sec. 4c. All income realized from properties under the
11jurisdiction of the Department of Natural Resources shall be
12paid into the State Parks Fund, except that income realized
13from properties managed and operated principally as wildlife,
14forestry or fisheries areas shall be paid into the Wildlife and
15Fish Fund or the Illinois Fisheries Management Fund,
16respectively. All income realized from violations of this Act,
17other State laws and related regulations, or local laws within
18such properties, except violations of the Fish and Aquatic Life
19Code or the Wildlife Code, when such income is derived from
20fines, penalties and other actions of county or municipal law
21enforcement personnel, may be retained by the county or
22municipality where the violations occurred.
23    The Department of Natural Resources may, upon written
24authorization of the Director of the Department, establish

 

 

09800HB0738ham003- 10 -LRB098 03569 MGM 58101 a

1local bank or savings and loan association accounts to
2temporarily hold this income. All local bank or savings and
3loan association accounts established pursuant to this Section
4shall be in the name of the Department of Natural Resources and
5shall be subject to regular audits. The balance in a local bank
6or savings and loan association account shall be forwarded to
7the Department of Natural Resources for deposit with the State
8Treasurer on Monday of each week if the amount to be deposited
9in a fund exceeds $500 or within 30 days after deposit.
10    No bank or savings and loan association shall receive
11public funds as permitted by this Section, unless it has
12complied with the requirements established pursuant to Section
136 of the Public Funds Investment Act.
14(Source: P.A. 89-445, eff. 2-7-96.)
 
15    Section 20. The Firearms Training Act is amended by
16changing Sections 2 and 3 as follows:
 
17    (20 ILCS 875/2)  (from Ch. 127, par. 63b62)
18    Sec. 2. The Department of Natural Resources shall establish
19procedures for administering the programs. The Department may
20charge fees to recover expenses and shall deposit any fees
21collected into the Wildlife and Fish Fund.
22(Source: P.A. 89-75, eff. 1-1-96; 89-445, eff. 2-7-96.)
 
23    (20 ILCS 875/3)  (from Ch. 127, par. 63b63)

 

 

09800HB0738ham003- 11 -LRB098 03569 MGM 58101 a

1    Sec. 3. Every program coordinator authorized by the
2Director to supervise a training program organized under this
3Act shall be covered by a liability insurance policy which
4protects him from liability for damages arising during any time
5he is engaged in the operation of his official duties. The cost
6of such a program coordinator's liability insurance policy
7shall be paid by the State of Illinois and shall be a charge on
8the Wildlife Fund wildlife and fish fund.
9(Source: P.A. 81-358.)
 
10    Section 25. The State Finance Act is amended by changing
11Sections 5.21 and 8.30 as follows:
 
12    (30 ILCS 105/5.21)  (from Ch. 127, par. 141.21)
13    Sec. 5.21. The Wildlife and Fish Fund.
14(Source: P.A. 81-358.)
 
15    (30 ILCS 105/8.30)  (from Ch. 127, par. 144.30)
16    Sec. 8.30. All moneys received from the issuance of
17Lifetime Hunting, Fishing or Sportsmen's Combination Licenses
18under Section 20-45 of the Fish and Aquatic Life Code shall be
19deposited into the Fish and Wildlife Endowment Fund. All
20interest earned and accrued from monies deposited in the Fish
21and Wildlife Endowment Fund shall be deposited monthly by the
22State Treasurer in the Fish and Wildlife Endowment Fund. The
23Treasurer upon request of the Director of the Department of

 

 

09800HB0738ham003- 12 -LRB098 03569 MGM 58101 a

1Natural Resources from time to time may transfer amounts from
2the Fish and Wildlife Endowment Fund to the Wildlife and Fish
3Fund and the Illinois Fisheries Management Fund, but the annual
4transfers shall not exceed the annual interest accrued to the
5Fish and Wildlife Endowment Fund.
6(Source: P.A. 89-445, eff. 2-7-96.)
 
7    Section 30. The Illinois Oil and Gas Act is amended by
8changing Section 22.2 as follows:
 
9    (225 ILCS 725/22.2)  (from Ch. 96 1/2, par. 5436)
10    Sec. 22.2. Integration of interests in drilling unit.
11    (a) As used in this Section, "owner" means any person
12having an interest in the right to drill into and produce oil
13or gas from any pool, and to appropriate the production for
14such owner or others.
15    (b) Except as provided in subsection (b-5), when 2 or more
16separately owned tracts of land are embraced within an
17established drilling unit, or when there are separately owned
18interests in all or a part of such units, the owners of all oil
19and gas interests therein may validly agree to integrate their
20interests and to develop their lands as a drilling unit. Where,
21however, such owners have not agreed to integrate their
22interests and where no action has been commenced seeking
23permission to drill pursuant to the provisions of "An Act in
24relation to oil and gas interests in land", approved July 1,

 

 

09800HB0738ham003- 13 -LRB098 03569 MGM 58101 a

11939, and where at least one of the owners has drilled or has
2proposed to drill a well on an established drilling unit the
3Department on the application of an owner shall, for the
4prevention of waste or to avoid the drilling of unnecessary
5wells, require such owners to do so and to develop their lands
6as a drilling unit. The Department, as a part of the order
7integrating interests, may prescribe the terms and conditions
8upon which the royalty interests in the unit or units shall, in
9the absence of voluntary agreement, be determined to be
10integrated without the necessity of a subsequent separate order
11integrating the royalty interests. Each such integration order
12shall be upon terms and conditions that are just and
13reasonable.
14    (b-5) When 2 or more separately owned tracts of land are
15embraced within an established drilling unit, or when there are
16separately owned interests in all or a part of the unit, and
17one of the owners is the Department of Natural Resources,
18integration of the separate tracts shall be allowed only if,
19following a comprehensive environmental impact review
20performed by the Department, the Department determines that no
21substantial or irreversible detrimental harm will occur on
22Department lands as a result of any proposed activities
23relating to mineral extraction. The environmental impact
24review shall include but shall not be limited to an assessment
25of the potential destruction or depletion of flora and fauna,
26wildlife and its supporting habitat, surface and subsurface

 

 

09800HB0738ham003- 14 -LRB098 03569 MGM 58101 a

1water supplies, aquatic life, and recreational activities
2located on the land proposed to be integrated. The Department
3shall adopt rules necessary to implement this subsection.
4    (b-6) All proceeds, bonuses, rentals, royalties, and other
5inducements and considerations received from the integration
6of Department of Natural Resources lands that have not been
7purchased by the Department of Natural Resources with moneys
8appropriated from the Wildlife and Fish Fund and the Illinois
9Fisheries Management Fund shall be deposited as follows: at
10least 50% of the amounts received shall be deposited into the
11State Parks Fund and not more than 50% shall be deposited into
12the Plugging and Restoration Fund.
13    (c) All orders requiring such integration shall be made
14after notice and hearing and shall be upon terms and conditions
15that are just and reasonable and will afford to the owners of
16all oil and gas interests in each tract in the drilling unit
17the opportunity to recover or receive their just and equitable
18share of oil or gas from the drilling unit without unreasonable
19expense and will prevent or minimize reasonably avoidable
20drainage from each integrated drilling unit which is not
21equalized by counter drainage, but the Department may not limit
22the production from any well under this provision. The request
23shall be made by petition accompanied by a non-refundable
24application fee of $1,500. The fee shall be deposited into the
25Underground Resources Conservation Enforcement Fund. The
26monies deposited into the Underground Resources Conservation

 

 

09800HB0738ham003- 15 -LRB098 03569 MGM 58101 a

1Enforcement Fund under this subsection shall not be subject to
2administrative charges or chargebacks unless otherwise
3authorized by this Act.
4    (d) All operations, including, but not limited to, the
5commencement, drilling, or operation of a well upon any portion
6of a drilling unit shall be deemed for all purposes the conduct
7of such operations upon each separately owned tract in the
8drilling unit by the several owners thereof. That portion of
9the production allocated to a separately owned tract included
10in a drilling unit shall, when produced, be deemed, for all
11purposes, to have been actually produced from such tract by a
12well drilled thereon.
13    (e) In making the determination of integrating separately
14owned interests, and determining to whom the permit should be
15issued, the Department may consider:
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
24        (4) any other information relevant to protect the
25    correlative rights of the parties sought to be affected by
26    the integration order.

 

 

09800HB0738ham003- 16 -LRB098 03569 MGM 58101 a

1    (f) Each such integration order shall authorize the
2drilling, testing, completing, equipping, and operation of a
3well on the drilling unit; provide who may drill and operate
4the well; prescribe the time and manner in which all the owners
5in the drilling unit may elect to participate therein; and make
6provision for the payment by all those who elect to participate
7therein of the reasonable actual cost thereof, plus a
8reasonable charge for supervision and interest. Should an owner
9not elect to voluntarily participate in the risk and costs of
10the drilling, testing, completing and operation of a well as
11determined by the Department, the integration order shall
12provide 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
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

 

 

09800HB0738ham003- 17 -LRB098 03569 MGM 58101 a

1oil and gas rights in and under an unleased tract of land shall
2be regarded as a lessee to the extent of a 7/8 interest in and
3to said rights and a lessor to the extent of the remaining 1/8
4interest therein.
5    (h) In the event of any dispute relative to costs and
6expenses of drilling, testing, equipping, completing and
7operating a well, the Department shall determine the proper
8costs after due notice to interested parties and a hearing
9thereon. The operator of such unit, in addition to any other
10right provided by the integration order of the Department,
11shall have a lien on the mineral leasehold estate or rights
12owned by the other owners therein and upon their shares of the
13production from such unit to the extent that costs incurred in
14the development and operation upon said unit are a charge
15against such interest by order of the Department or by
16operation of law. Such liens shall be separable as to each
17separate owner within such unit, and shall remain liens until
18the owner or owners drilling or operating the well have been
19paid the amount due under the terms of the integration order.
20The Department is specifically authorized to provide that the
21owner or owners drilling, or paying for the drilling, or for
22the operation of a well for the benefit of all shall be
23entitled to production from such well which would be received
24by the owner or owners for whose benefit the well was drilled
25or operated, after payment of royalty, until the owner or
26owners drilling or operating the well have been paid the amount

 

 

09800HB0738ham003- 18 -LRB098 03569 MGM 58101 a

1due under the terms of the integration order settling such
2dispute.
3(Source: P.A. 97-1136, eff. 1-1-13.)
 
4    Section 35. The Environmental Protection Act is amended by
5changing 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
9violates any provision of this Act or any regulation adopted by
10the Board, or any permit or term or condition thereof, or that
11violates any order of the Board pursuant to this Act, shall be
12liable for a civil penalty of not to exceed $50,000 for the
13violation and an additional civil penalty of not to exceed
14$10,000 for each day during which the violation continues; such
15penalties may, upon order of the Board or a court of competent
16jurisdiction, be made payable to the Environmental Protection
17Trust Fund, to be used in accordance with the provisions of the
18Environmental Protection Trust Fund Act.
19    (b) Notwithstanding the provisions of subsection (a) of
20this 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

 

 

09800HB0738ham003- 19 -LRB098 03569 MGM 58101 a

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

 

 

09800HB0738ham003- 20 -LRB098 03569 MGM 58101 a

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

 

 

09800HB0738ham003- 21 -LRB098 03569 MGM 58101 a

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)
12and (b) of this Section, any person who fails to file, in a
13timely manner, toxic chemical release forms with the Agency
14pursuant to Section 25b-2 of this Act shall be liable for a
15civil penalty of $100 per day for each day the forms are late,
16not to exceed a maximum total penalty of $6,000. This daily
17penalty shall begin accruing on the thirty-first day after the
18date that the person receives the warning notice issued by the
19Agency pursuant to Section 25b-6 of this Act; and the penalty
20shall be paid to the Agency. The daily accrual of penalties
21shall cease as of January 1 of the following year. All
22penalties collected by the Agency pursuant to this subsection
23shall be deposited into the Environmental Protection Permit and
24Inspection Fund.
25    (c) Any person that violates this Act, any rule or
26regulation adopted under this Act, any permit or term or

 

 

09800HB0738ham003- 22 -LRB098 03569 MGM 58101 a

1condition of a permit, or any Board order and causes the death
2of fish or aquatic life shall, in addition to the other
3penalties provided by this Act, be liable to pay to the State
4an additional sum for the reasonable value of the fish or
5aquatic life destroyed. Any money so recovered shall be placed
6in the Illinois Fisheries Management Fund Wildlife and Fish
7Fund in the State Treasury.
8    (d) The penalties provided for in this Section may be
9recovered in a civil action.
10    (e) The State's Attorney of the county in which the
11violation occurred, or the Attorney General, may, at the
12request of the Agency or on his own motion, institute a civil
13action for an injunction, prohibitory or mandatory, to restrain
14violations of this Act, any rule or regulation adopted under
15this Act, any permit or term or condition of a permit, or any
16Board order, or to require such other actions as may be
17necessary to address violations of this Act, any rule or
18regulation adopted under this Act, any permit or term or
19condition of a permit, or any Board order.
20    (f) The State's Attorney of the county in which the
21violation occurred, or the Attorney General, shall bring such
22actions in the name of the people of the State of Illinois.
23Without limiting any other authority which may exist for the
24awarding of attorney's fees and costs, the Board or a court of
25competent jurisdiction may award costs and reasonable
26attorney's fees, including the reasonable costs of expert

 

 

09800HB0738ham003- 23 -LRB098 03569 MGM 58101 a

1witnesses and consultants, to the State's Attorney or the
2Attorney General in a case where he has prevailed against a
3person who has committed a wilful, knowing or repeated
4violation of this Act, any rule or regulation adopted under
5this Act, any permit or term or condition of a permit, or any
6Board order.
7    Any funds collected under this subsection (f) in which the
8Attorney General has prevailed shall be deposited in the
9Hazardous Waste Fund created in Section 22.2 of this Act. Any
10funds collected under this subsection (f) in which a State's
11Attorney has prevailed shall be retained by the county in which
12he serves.
13    (g) All final orders imposing civil penalties pursuant to
14this Section shall prescribe the time for payment of such
15penalties. If any such penalty is not paid within the time
16prescribed, interest on such penalty at the rate set forth in
17subsection (a) of Section 1003 of the Illinois Income Tax Act,
18shall be paid for the period from the date payment is due until
19the date payment is received. However, if the time for payment
20is stayed during the pendency of an appeal, interest shall not
21accrue during such stay.
22    (h) In determining the appropriate civil penalty to be
23imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
24(b)(5) of this Section, the Board is authorized to consider any
25matters of record in mitigation or aggravation of penalty,
26including but not limited to the following factors:

 

 

09800HB0738ham003- 24 -LRB098 03569 MGM 58101 a

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

 

 

09800HB0738ham003- 25 -LRB098 03569 MGM 58101 a

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
5under subsection (a) or paragraph (1), (2), (3), or (5) of
6subsection (b) of this Section, the Board shall ensure, in all
7cases, that the penalty is at least as great as the economic
8benefits, if any, accrued by the respondent as a result of the
9violation, unless the Board finds that imposition of such
10penalty would result in an arbitrary or unreasonable financial
11hardship. However, such civil penalty may be off-set in whole
12or in part pursuant to a supplemental environmental project
13agreed to by the complainant and the respondent.
14    (i) A person who voluntarily self-discloses non-compliance
15to the Agency, of which the Agency had been unaware, is
16entitled to a 100% reduction in the portion of the penalty that
17is not based on the economic benefit of non-compliance if the
18person 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;

 

 

09800HB0738ham003- 26 -LRB098 03569 MGM 58101 a

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;

 

 

09800HB0738ham003- 27 -LRB098 03569 MGM 58101 a

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
8subsection except the element set forth in paragraph (1) of
9this subsection, the person is entitled to a 75% reduction in
10the portion of the penalty that is not based upon the economic
11benefit of non-compliance.
12    (j) In addition to any other remedy or penalty that may
13apply, whether civil or criminal, any person who violates
14Section 22.52 of this Act shall be liable for an additional
15civil penalty of up to 3 times the gross amount of any
16pecuniary gain resulting from the violation.
17    (k) In addition to any other remedy or penalty that may
18apply, whether civil or criminal, any person who violates
19subdivision (a)(7.6) of Section 31 of this Act shall be liable
20for an additional civil penalty of $2,000.
21(Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09;
2296-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff.
238-23-11.)
 
24    Section 40. The Firearm Owners Identification Card Act is
25amended by changing Section 5 as follows:
 

 

 

09800HB0738ham003- 28 -LRB098 03569 MGM 58101 a

1    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
2    Sec. 5. The Department of State Police shall either approve
3or deny all applications within 30 days from the date they are
4received, and every applicant found qualified under Section 8
5of this Act by the Department shall be entitled to a Firearm
6Owner's Identification Card upon the payment of a $10 fee. Any
7applicant who is an active duty member of the Armed Forces of
8the United States, a member of the Illinois National Guard, or
9a member of the Reserve Forces of the United States is exempt
10from the application fee. $6 of each fee derived from the
11issuance of Firearm Owner's Identification Cards, or renewals
12thereof, shall be deposited in the Wildlife and Fish Fund in
13the State Treasury; $1 of the fee shall be deposited in the
14State Police Services Fund and $3 of the fee shall be deposited
15in 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
18changing Sections 1-155, 1-215, 1-230, 5-5, 20-45, 20-85, and
1930-15 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
22Chief" means the top Administrator in the Division of Fisheries
23in the Department of Natural Resources.
 

 

 

09800HB0738ham003- 29 -LRB098 03569 MGM 58101 a

1    (515 ILCS 5/1-155)  (from Ch. 56, par. 1-155)
2    Sec. 1-155. Conservation training schools; public
3education. The Department may establish Conservation Training
4Schools and employ technicians and other help necessary for the
5purpose of teaching conservation methods to employees of the
6Department and other interested groups as the Department deems
7necessary or desirable to carry out the provisions and purposes
8of this Code.
9    In order to educate the citizens of this State in the
10modern trends of conservation, the Department shall
11disseminate conservation information and the provisions of
12this Code through lectures, motion pictures, photographs,
13exhibits, radio, news items, pamphlets, and other media the
14Department may deem suitable for this purpose.
15    The Department may publish, periodically, a bulletin or
16magazine containing information concerning the work of the
17Department, the conservation and propagation of wildlife,
18hunting and fishing, and any other information as the
19Department deems to be of general or special interest to
20sportsmen and others affected by any law administered by the
21Department. A reasonable charge may be made for each copy of
22the publication. All funds derived from the sale of that
23publication shall be deposited equally into the Wildlife and
24Fish Fund and the Illinois Fisheries Management Fund in the
25State Treasury.

 

 

09800HB0738ham003- 30 -LRB098 03569 MGM 58101 a

1    The Department shall provide and maintain management and
2habitat development on State controlled lands or waters used in
3propagating or breeding aquatic life as the Department deems
4necessary to conform with the most modern conservation methods.
5The Department may also cooperate in management and habitat
6development with any person propagating or breeding aquatic
7life 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.
11Every fishing device, including seines, nets, or traps, or any
12electrical device or any other devices, including vehicles,
13watercraft, or aircraft, used or operated illegally or
14attempted to be used or operated illegally by any person in
15taking, transporting, holding, or conveying any aquatic life
16contrary to this Code, including administrative rules, shall be
17deemed a public nuisance and therefore illegal and subject to
18seizure and confiscation by any authorized employee of the
19Department. Upon the seizure of such an item the Department
20shall take and hold the item until disposed of as provided in
21this Code.
22    Upon the seizure of any device because of its illegal use,
23the officer or authorized employee of the Department making the
24seizure shall, as soon as reasonably possible, cause a
25complaint to be filed before the Circuit Court and a summons to

 

 

09800HB0738ham003- 31 -LRB098 03569 MGM 58101 a

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

 

 

09800HB0738ham003- 32 -LRB098 03569 MGM 58101 a

1possession and reimburses the Department for all reasonable
2expenses of custody. If the identity or location of the owner
3or other person entitled to possession of the property has not
4been ascertained within 6 months after the Department obtains
5possession, the Department shall effectuate the sale of the
6property for cash to the highest bidder at a public auction.
7The owner or other person entitled to possession of the
8property may claim and recover possession of the property at
9any time before its sale at public auction upon providing
10reasonable and satisfactory proof of ownership or right of
11possession and reimbursing the Department for all reasonable
12expenses of custody.
13    Any property forfeited to the State by court order under
14this Section may be disposed of by public auction, except that
15any property that is the subject of a court order shall not be
16disposed of pending appeal of the order. The proceeds of the
17sales at auction shall be deposited in the Illinois Fisheries
18Management Wildlife and Fish Fund.
19    The Department shall pay all costs of posting or
20publication 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
24received. All fees, fines, income of whatever kind or nature
25derived from hunting and fishing activities on lands, waters,

 

 

09800HB0738ham003- 33 -LRB098 03569 MGM 58101 a

1or both under the jurisdiction or control of the Department,
2and all penalties collected under this Code shall be deposited
3into the State Treasury and shall be set apart in a special
4fund to be known as the Wildlife and Fish Fund; except that all
5fees and revenues from commercial fishing licenses, sport
6fishing licenses, inland trout stamps, reimbursements from
7sport fish restoration grants and Asian Carp and aquatic
8invasive species grants and other grants from the federal
9government, fines collected for fish kills and violations of
10the Fish and Aquatic Life Code, stamps issued for fish habitat,
11management, or angling events after January 1, 2015 shall be
12deposited into the Illinois Fisheries Management Fund to be
13used as specified under Section 1-231 of this Code; except that
14fees derived solely from the sale of salmon stamps, income from
15art contests for the salmon stamp, including income from the
16sale of reprints, and gifts, donations, grants, and bequests of
17money for the conservation and propagation of salmon shall be
18deposited into the State Treasury and set apart in the special
19fund to be known as the Salmon Fund; and except that fees
20derived solely from the sale of state migratory waterfowl
21stamps, and gifts, donations, grants and bequests of money for
22the conservation and propagation of waterfowl, shall be
23deposited into the State Treasury and set apart in the special
24fund to be known as the State Migratory Waterfowl Stamp Fund.
25All interest that accrues from moneys in the Wildlife and Fish
26Fund, the Illinois Fisheries Management Fund, the Salmon Fund,

 

 

09800HB0738ham003- 34 -LRB098 03569 MGM 58101 a

1and the State Migratory Waterfowl Stamp Fund shall be retained
2in those funds respectively. Except for the additional moneys
3deposited under Section 805-550 of the Department of Natural
4Resources (Conservation) Law of the Civil Administrative Code
5of Illinois, appropriations from the Wildlife and Fish Fund and
6the Illinois Fisheries Management Fund shall be made only to
7the Department for the carrying out of the powers and functions
8vested by law in the Department for the administration and
9management of fish and wildlife resources of this State for
10such activities as (i) the purchase of land for fish
11hatcheries, wildlife refuges, preserves, and public shooting
12and fishing grounds; (ii) the purchase and distribution of wild
13birds, the eggs of wild birds, and wild mammals; (iii) the
14rescuing, restoring and distributing of fish; (iv) the
15maintenance of wildlife refuges or preserves, public shooting
16grounds, public fishing grounds, and fish hatcheries; and (v)
17the feeding and care of wild birds, wild mammals, and fish.
18Appropriations from the Salmon Fund shall be made only to the
19Department to be used solely for the conservation and
20propagation of salmon, including construction, operation, and
21maintenance of a cold water hatchery, and for payment of the
22costs of printing salmon stamps, the expenses incurred in
23acquiring salmon stamp designs, and the expenses of producing
24reprints.
25(Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11;
2696-1518, eff. 2-4-11.)
 

 

 

09800HB0738ham003- 35 -LRB098 03569 MGM 58101 a

1    (515 ILCS 5/1-231 new)
2    Sec. 1-231. Illinois Fisheries Management Fund;
3disposition of money received. Beginning January 1, 2015, all
4fees or revenue collected from any resident or non-resident
5commercial licenses; any resident or non-resident sport
6fishing licenses; inland trout stamps; all reimbursements from
7sport fish restoration grants, Asian Carp and aquatic invasive
8species grants, and other grants from the federal government;
9fines collected from fish kills and violations of this Code;
10and any new revenues created from stamps issued for fish
11habitat, management, or angling events shall be deposited into
12the Illinois Fisheries Management Fund to be used for the
13direct benefit and operation of the Division of Fisheries
14within the Department. The Fund may be used only for fish
15propagation, fish management, fish conservation, fisheries
16research, commercial fish evaluation and management, aquatic
17education projects and programs, enforcement of this Code,
18expenses of operating the Division of Fisheries within the
19Department of Natural Resources, maintenance of public fishing
20grounds, sale of fishing licenses, and land acquisition for the
21purposes of fish propagation and research and providing access
22to sport fishing. All expenditures must be approved by the
23Fisheries Division Chief.
 
24    (515 ILCS 5/5-5)  (from Ch. 56, par. 5-5)

 

 

09800HB0738ham003- 36 -LRB098 03569 MGM 58101 a

1    Sec. 5-5. Ownership and title; violations; penalties. The
2ownership of and title to all aquatic life within the
3boundaries of the State, are hereby declared to be in the
4State, and no aquatic life shall be taken or killed, in any
5manner or at any time, unless the person or persons so taking
6or killing the aquatic life shall consent that the title to the
7aquatic life shall be and remain in the State for the purpose
8of regulating the taking, killing, possession, use, sale, and
9transportation of aquatic life after taking or killing, as set
10forth in this Code.
11    Aquatic products, as defined in the Aquaculture
12Development Act, bred, hatched, propagated, or raised by the
13owner of a body of water, with the consent of the Department of
14Natural Resources through the issuance of an aquaculture permit
15and consistent with this Section, in permitted aquaculture
16facilities in or on that body of water are the property of the
17person who bred, hatched, propagated, or raised them or that
18person's successor in interest. Ownership of aquatic products
19reverts to the State upon revocation or expiration of an
20aquaculture permit as prescribed by administrative rule.
21    If any person causes any waste, sewage, thermal effluent,
22or any other pollutant to enter into, or causes or allows
23pollution of, any waters of this State so as to kill aquatic
24life, the Department, through the Attorney General, may bring
25an action against that person and recover the value of and the
26related costs in determining the value of the aquatic life

 

 

09800HB0738ham003- 37 -LRB098 03569 MGM 58101 a

1destroyed by the waste, sewage, thermal effluent, or pollution.
2Any money so recovered shall be placed into the Illinois
3Fisheries Management Wildlife and Fish Fund in the State
4Treasury.
5    If any person shall abandon, deposit, or otherwise place
6any wire, can, bottle, glass, paper, trash, rubbish, cardboard,
7wood cartons, boxes, trees, parts of trees, brush, or other
8insoluble material, including animal or vegetable material,
9into the waters or upon the ice of any waters of this State, or
10in any place on the bank of waters of this State where it shall
11be liable to be washed into the waters either by storms,
12floods, or other causes, the person shall be in violation of
13the offense of polluting. Employees of the Department, however,
14may place or direct the placement, in the waters of the State,
15of insoluble materials deemed suitable for the purposes of
16enhancing aquatic habitat. Any person who shall be found guilty
17under this Section shall be guilty of a petty offense, and the
18Court shall further order that the guilty person shall employ
19every practical means of removing the debris within a time
20specified by the Court. Failure to comply with an order under
21this 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
25for residents of the State of Illinois shall be as follows:

 

 

09800HB0738ham003- 38 -LRB098 03569 MGM 58101 a

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.

 

 

09800HB0738ham003- 39 -LRB098 03569 MGM 58101 a

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

 

 

09800HB0738ham003- 40 -LRB098 03569 MGM 58101 a

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

 

 

09800HB0738ham003- 41 -LRB098 03569 MGM 58101 a

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
19be charged for reissuing any lifetime license. The Department
20may establish rules and regulations for the issuance and use of
21lifetime licenses and may suspend or revoke any lifetime
22license issued under this Section for violations of those rules
23or regulations or other provisions under this Code or the
24Wildlife Code. Individuals under 16 years of age who possess a
25lifetime hunting or sportsmen's combination license shall have
26in their possession, while in the field, a certificate of

 

 

09800HB0738ham003- 42 -LRB098 03569 MGM 58101 a

1competency as required under Section 3.2 of the Wildlife Code.
2Any lifetime license issued under this Section shall not exempt
3individuals from obtaining additional stamps or permits
4required under the provisions of this Code or the Wildlife
5Code. Individuals required to purchase additional stamps shall
6sign the stamps and have them in their possession while fishing
7or hunting with a lifetime license. All fees received from the
8issuance of lifetime licenses shall be deposited in the Fish
9and Wildlife Endowment Fund.
10    Except for licenses issued under subsection (e) of this
11Section, all licenses provided for in this Section shall expire
12on March 31 of each year, except that the license provided for
13in subsection (d) of this Section shall expire 24 hours after
14the effective date and time listed on the face of the license.
15    All individuals required to have and failing to have the
16license provided for in subsection (a) or (d) of this Section
17shall be fined according to the provisions of Section 20-35 of
18this Code.
19    All individuals required to have and failing to have the
20licenses provided for in subsections (b) and (e) of this
21Section shall be guilty of a Class B misdemeanor.
22(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12;
2397-1136, eff. 1-1-13.)
 
24    (515 ILCS 5/20-85)  (from Ch. 56, par. 20-85)
25    Sec. 20-85. Taxidermist license.

 

 

09800HB0738ham003- 43 -LRB098 03569 MGM 58101 a

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

 

 

09800HB0738ham003- 44 -LRB098 03569 MGM 58101 a

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
13been received, preserved, mounted, or possessed by a
14taxidermist are required to bear a coded origin tag or label.
15The coded origin tag or label shall correspond with written
16records containing more complete information as required by the
17Department.
18    (d) Taxidermy records shall be open for inspection by any
19peace officer at any reasonable hour. Taxidermists shall
20maintain records for a period of 2 years from the date of
21receipt of the aquatic life or for as long as the specimen or
22mount remains in the taxidermist's possession, whichever is
23longer.
24    The Department may require the taxidermist to submit to it
25any information it deems necessary.
26    (e) No taxidermist shall have in his or her possession any

 

 

09800HB0738ham003- 45 -LRB098 03569 MGM 58101 a

1aquatic life that is not listed in his or her written records
2and properly tagged or labeled.
3    (f) All persons licensed as taxidermists under this Code
4who shall ship any aquatic life or parts of aquatic life that
5have been received, preserved, or mounted shall tag or label
6the shipment and the tag or label shall state the name of the
7taxidermist and the number and date of his or her license.
8    (g) Nothing in this Section removes taxidermists from
9responsibility for the observance of any federal laws, rules,
10or 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
14State of Illinois from license fees paid by fishermen shall be
15diverted for any other purpose than the administration of the
16Department of Natural Resources for the management of fish and
17wildlife resources of the State.
18(Source: P.A. 95-853, eff. 8-18-08.)
 
19    Section 50. The Wildlife Code is amended by changing
20Sections 1.11, 1.25, 1.28, 1.30, 3.1-3, 3.21, and 3.39 as
21follows:
 
22    (520 ILCS 5/1.11)  (from Ch. 61, par. 1.11)
23    Sec. 1.11. The Department may establish Conservation

 

 

09800HB0738ham003- 46 -LRB098 03569 MGM 58101 a

1Training Schools and employ technicians and such other help as
2may be necessary for the purpose of teaching conservation
3methods to employees of the Department, and such other
4interested groups as the Department shall deem necessary or
5desirable to carry out the provisions and purposes of this Act.
6    The Department shall, in order to educate the citizens of
7this State in the modern trends of conservation, disseminate
8conservation information and the provisions of this Act through
9the mediums of lectures, motion pictures, photographs,
10pictures, exhibits, radio, news items, pamphlets and other
11media the Department may deem suitable for this purpose.
12    The Department may publish, periodically, a bulletin or
13magazine containing information concerning the work of the
14Department, the conservation and propagation of wildlife,
15hunting and fishing, and any such other information as the
16Department deems to be of general or special interest to
17sportsmen and others affected by any law administered by the
18Department. A reasonable charge may be made for each copy of
19such publication. All funds derived from the sale of such
20publication shall be deposited equally in the Wildlife Fund and
21the Illinois Fisheries Management Fund and Fish fund in the
22State 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

 

 

09800HB0738ham003- 47 -LRB098 03569 MGM 58101 a

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

 

 

09800HB0738ham003- 48 -LRB098 03569 MGM 58101 a

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

 

 

09800HB0738ham003- 49 -LRB098 03569 MGM 58101 a

1    Any property, including guns, forfeited to the State by
2court order pursuant to this Section, may be disposed of by
3public auction, except that any property which is the subject
4of such a court order shall not be disposed of pending appeal
5of the order. The proceeds of the sales at auction shall be
6deposited in the Wildlife and Fish Fund.
7    The Department shall pay all costs of notices required by
8this 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,
12fines, including bond forfeitures, income of whatsoever kind or
13nature derived from hunting and fishing activities on lands or
14waters or both under the jurisdiction or control of the
15Department, and all penalties collected under this Act shall be
16deposited in the State Treasury and shall be set apart in a
17special fund to be known as the "Wildlife and Fish Fund";
18except that all fees and revenues from commercial fishing
19licenses, sport fishing licenses, inland trout stamps,
20reimbursements from sport fish restoration grants and Asian
21Carp and aquatic invasive species grants and other grants from
22the federal government, fines collected for fish kills and
23violations of the Fish and Aquatic Life Code, stamps issued for
24fish habitat, management, or angling events after January 1,
252015 shall be deposited into the Illinois Fisheries Management

 

 

09800HB0738ham003- 50 -LRB098 03569 MGM 58101 a

1Fund to be used as specified in Section 1-231 of the Fish and
2Aquatic Life Code; except that fees derived solely from the
3sale of salmon stamps, income from art contests for the salmon
4stamp, including income from the sale of reprints, and gifts,
5donations, grants and bequests of money for the conservation
6and propagation of salmon shall be deposited in the State
7Treasury and set apart in the special fund to be known as the
8"Salmon Fund"; and except that fees derived solely from the
9sale of state migratory waterfowl stamps, and gifts, donations,
10grants and bequests of money for the conservation and
11propagation of waterfowl shall be deposited in the special fund
12to be known as the "State Migratory Waterfowl Stamp Fund"; and
13except that, of fees derived solely from the sale of State
14Habitat Stamps, 64% shall be deposited into the Illinois
15Habitat Fund, 30% into the State Pheasant Fund, and 6% into the
16State Furbearer Fund. Income generated from the sale of artwork
17associated with the State Habitat Stamps shall be deposited
18into the Illinois Habitat Fund. All interest that accrues from
19monies deposited into the Wildlife and Fish Fund, the Illinois
20Fisheries Management Fund, the Salmon Fund, the State Migratory
21Waterfowl Stamp Fund, the State Furbearer Fund, the State
22Pheasant Fund, and the Illinois Habitat Fund shall be deposited
23into those funds, respectively. Appropriations from the
24"Wildlife and Fish Fund" shall be made only to the Department
25for the carrying out of the powers and functions vested by law
26in the Department for the administration and management of fish

 

 

09800HB0738ham003- 51 -LRB098 03569 MGM 58101 a

1and wildlife resources of this State for such activities as the
2purchase of land for fish hatcheries, wildlife refuges,
3preserves and public shooting and fishing grounds; the purchase
4and distribution of wild birds, the eggs of wild birds, and
5wild mammals for rescuing, restoring and distributing fish; the
6maintenance of wildlife refuges, or preserves, public shooting
7grounds, public fishing grounds and fish hatcheries; and the
8feeding 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
12Migratory Bird Hunting and Conservation Stamps. The Department
13may consign, issue or otherwise make available such stamps for
14sale by designated agents as authorized in Section 3.37 of this
15Act. The income received from the sale of Federal Migratory
16Bird Hunting and Conservation Stamps shall be deposited in the
17Wildlife and Fish Fund. Proceeds collected, less
18administrative fees so authorized, shall be remitted to the
19United 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;
23application and fees. Before any person provides or offers to
24provide, for compensation, outfitting services for deer or wild

 

 

09800HB0738ham003- 52 -LRB098 03569 MGM 58101 a

1turkey hunting, that person must apply for and receive a permit
2from the Department. The annual fee for resident outfitter
3permits shall not exceed $1,000. The annual fee for nonresident
4outfitter permits shall not exceed $2,500. All outfitter permit
5fees shall be deposited into the Wildlife and Fish Fund. The
6criteria, definitions, application process, fees, and
7standards of outfitting services shall be provided by
8administrative 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
12of taxidermy of wildlife shall obtain a license for such
13purpose from the Department. Application for such license shall
14be filed with the Department and shall set forth the name of
15the applicant; its principal officers, if the applicant is a
16corporation, or the partners, if the applicant is a
17partnership; the location of the place of business and such
18additional information as the Department may require. The
19annual fee for each taxidermist license shall be $25.00. All
20licenses issued to taxidermists are valid only at the location
21described and designated on the application for such license.
22All taxidermist permits shall expire on January 31 of each
23year. Persons employed by a licensed taxidermist shall not be
24required to possess a taxidermist license while working for and
25at the place of business of the license holder.

 

 

09800HB0738ham003- 53 -LRB098 03569 MGM 58101 a

1    Licensed taxidermists shall submit to the Department a list
2naming all individuals who will be working at the place of
3business specified on the license. Only those individuals whose
4names are on file with the Department shall be authorized to
5work under the scope of the taxidermist's license.
6    (b) Taxidermists shall keep written records of all birds or
7mammals, or parts thereof, received or returned by them.
8Records 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
24received, preserved or mounted or possessed by a taxidermist
25are required to bear a coded origin tag or label. The origin
26tag or label shall correspond with written records containing

 

 

09800HB0738ham003- 54 -LRB098 03569 MGM 58101 a

1more complete information as required by the Department.
2    (d) Taxidermy records shall be open for inspection by any
3peace officer at any reasonable hour. Taxidermists shall
4maintain records for a period of 2 years from the date of
5receipt of the bird or mammal or for as long as the specimen or
6mount remains in the taxidermist's possession, whichever is
7longer. The Department may require the taxidermist to submit to
8it such information as it deems necessary.
9    (e) A licensed taxidermist may possess the green hides of
10furbearers and other game mammals the year round as long as
11such hides are tagged as and remain the property of the
12individual who legally took them and for whom the taxidermist
13is performing services.
14    (f) A licensed taxidermist may without a fur tanners permit
15tan the green hides of furbearers and other game mammals as
16long as such hides are tagged as and remain the property of the
17individual who legally took them and for whom the taxidermist
18is performing services.
19    (f.5) A licensed taxidermist may, without a fur buyer's
20permit, buy, sell, transport and possess the green or tanned
21hides of any legally obtained furbearer or game mammal the year
22round as long as the hides in the taxidermist's possession are
23used for taxidermy purposes only and bear a coded origin tag or
24label. The origin tag or label shall correspond with written
25records containing more complete information as required by the
26Department.

 

 

09800HB0738ham003- 55 -LRB098 03569 MGM 58101 a

1    (g) No taxidermist shall have in his or her possession any
2bird or mammal that is not listed in his written records and
3properly tagged or labeled.
4    (h) All persons licensed as taxidermists under this Act who
5shall ship any birds or mammals or parts thereof that have been
6received, preserved or mounted, shall tag or label such
7shipment and such tag or label shall state the name of the
8taxidermist and the number and date of his or her license.
9    (i) Nothing in this Section removes taxidermists from
10responsibility for the observance of any federal laws, rules,
11or 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
15Sportsmen's Combination License which shall entitle the holder
16to the same non-commercial fishing privileges as residents
17holding a fishing license described in subparagraph (a) of
18Section 20-45 of the Fish and Aquatic Life Code, and to the
19same hunting privileges as residents holding a license to hunt
20all species, as described in Section 3.1 of this Act. The
21portion of the sportsmen's combination license attributable to
22the fishing license shall be deposited into the Illinois
23Fisheries Management Fund, and the portion of the sportsmen's
24combination license attributable to the hunting license shall
25be deposited into the Wildlife Fund. However, no Sportsmen's

 

 

09800HB0738ham003- 56 -LRB098 03569 MGM 58101 a

1Combination License shall be issued to any person who would be
2ineligible for either the fishing or hunting license
3separately. The Sportsmen's Combination License fee shall be
4$25.50. For residents age 65 or older, the fee is one-half of
5the 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
9Section 1.28a.
 
10    Section 58. The Wildlife Restoration Cooperation Act is
11amended 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
14license fees paid by hunters shall be diverted for any other
15purpose than the administration of the Department of Natural
16Resources for the management of fish and wildlife resources of
17the State.
18(Source: P.A. 95-853, eff. 8-18-08.)
 
19    Section 60. The Ginseng Harvesting Act is amended by
20changing Section 2g as follows:
 
21    (525 ILCS 20/2g)  (from Ch. 61, par. 514)

 

 

09800HB0738ham003- 57 -LRB098 03569 MGM 58101 a

1    Sec. 2g. All fees, fines, and other income of whatsoever
2kind or nature derived from this Act shall be deposited in the
3Wildlife and Fish Fund in the State treasury.
4(Source: P.A. 83-680.)".