Full Text of SB1846 96th General Assembly
SB1846ham002 96TH GENERAL ASSEMBLY
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Rep. Elaine Nekritz
Filed: 6/24/2009
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LRB096 10971 HLH 28014 a |
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| AMENDMENT TO SENATE BILL 1846
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| AMENDMENT NO. ______. Amend Senate Bill 1846, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| FY2010 Budget Implementation (Revenue) Act. | 7 |
| Section 5. Purpose. It is the purpose of this Act to make | 8 |
| changes in State programs that are necessary to implement the | 9 |
| Governor's Fiscal Year 2010 budget recommendations concerning | 10 |
| revenue. | 11 |
| ARTICLE 5. AGRICULTURE | 12 |
| Section 5-5. The Weights and Measures Act is amended by | 13 |
| changing Section 8.1 as follows:
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| (225 ILCS 470/8.1) (from Ch. 147, par. 108.1)
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| Sec. 8.1.
Registration of servicepersons, service agents, | 3 |
| and
special sealers. No person,
firm, or corporation shall | 4 |
| sell, install, service, recondition or repair a
weighing or | 5 |
| measuring device used in trade or commerce without first | 6 |
| obtaining
a certificate of registration. Applications by | 7 |
| individuals for a certificate
of registration shall be made to | 8 |
| the Department, shall be in writing on forms
prescribed by the | 9 |
| Department, and shall be accompanied by the required fee.
| 10 |
| Each application shall provide such information that will | 11 |
| enable the
Department to pass on the qualifications of the | 12 |
| applicant for the
certificate of registration. The information | 13 |
| requests shall
include
present residence, location of the | 14 |
| business to be licensed under this Act,
whether the applicant | 15 |
| has had any previous registration under this Act or
any | 16 |
| federal, state, county, or local law, ordinance, or regulation
| 17 |
| relating
to servicepersons and service Agencies, whether the | 18 |
| applicant has
ever had
a registration suspended or revoked, | 19 |
| whether the applicant has been
convicted of a felony, and such | 20 |
| other information as the Department deems
necessary to | 21 |
| determine if the applicant is qualified to receive a
| 22 |
| certificate of registration.
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| Before any certificate of registration is issued, the | 24 |
| Department shall
require the registrant to meet the following | 25 |
| qualifications:
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| (1) Has possession of or available for use weights and
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| measures, standards,
and testing equipment appropriate in | 2 |
| design and adequate in amount to provide
the services for | 3 |
| which the person is requesting registration.
| 4 |
| (2) Passes a qualifying examination for each type of | 5 |
| weighing
or measuring
device he intends to install, | 6 |
| service, recondition, or repair.
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| (3) Demonstrates a working knowledge of weighing and | 8 |
| measuring
devices
for which he intends to be registered.
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| (4) Has a working knowledge of all appropriate weights | 10 |
| and
measures laws
and their rules and regulations.
| 11 |
| (5) Has available a current copy of National Institute | 12 |
| of Standards and
Technology Handbook 44.
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| (6) Pays the prescribed registration fee for the type | 14 |
| of
registration:
| 15 |
| (A) The annual fee for a Serviceperson Certificate | 16 |
| of
Registration shall be
$50 $25 .
| 17 |
| (B) The annual fee for a Special Sealer Certificate | 18 |
| of
Registration shall
be
$100 $50 .
| 19 |
| (C) The annual fee for a Service Agency Certificate | 20 |
| of
Registration shall
be
$100 $50 .
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| "Registrant" means any individual, partnership, | 22 |
| corporation, agency, firm,
or company registered by the | 23 |
| Department who installs, services, repairs,
or reconditions, | 24 |
| for hire, award, commission, or any other payment of
any
kind, | 25 |
| any commercial weighing or measuring device.
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| "Commercial weighing and measuring device" means any |
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| weight or measure
or weighing or measuring device commercially | 2 |
| used or employed (i) in
establishing
size, quantity, extent, | 3 |
| area, or measurement of quantities, things, produce,
or | 4 |
| articles for distribution or consumption which are purchased, | 5 |
| offered,
or submitted for sale, hire, or award, or (ii) in | 6 |
| computing any basic
charge
or payment for services rendered, | 7 |
| except as otherwise excluded by Section
2 of this Act, and | 8 |
| shall also include any accessory attached to or used
in | 9 |
| connection with a commercial weighing or measuring device when | 10 |
| the
accessory is so designed or installed that its operation | 11 |
| affects, or may
affect, the accuracy of the device.
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| "Serviceperson" means any individual who sells, installs, | 13 |
| services,
repairs, or
reconditions, for hire, award, | 14 |
| commission, or any other payment of
kind,
a commercial weighing | 15 |
| or measuring device.
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| "Service agency" means any individual, agency, firm, | 17 |
| company, or corporation
that, for hire, award, commission, or | 18 |
| any other payment of
any kind, sells, installs,
services, | 19 |
| repairs, or reconditions a commercial weighing or measuring | 20 |
| device.
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| "Special sealer" means any serviceperson who is allowed to | 22 |
| service only one
service agency's liquid petroleum meters or | 23 |
| liquid petroleum measuring
devices.
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| Each registered service agency and serviceperson shall | 25 |
| have report forms,
known as "Placed in Service Reports". These | 26 |
| forms shall be
executed in
triplicate, shall include the |
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| assigned registration number (in the case
where a registered | 2 |
| serviceperson is representing a registered service
agency both | 3 |
| assigned registration numbers shall be included), and shall be
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| signed by a registered serviceperson or by a registered | 5 |
| serviceperson
representing a registered service agency for | 6 |
| each rejected or repaired
device restored to service and for | 7 |
| each newly installed device placed in
service.
Whenever a | 8 |
| registered serviceperson or special sealer places into service | 9 |
| a
weighing or
measuring device, there shall be affixed to the | 10 |
| device indicator a decal
provided by the Department that | 11 |
| indicates the device accuracy.
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| Within 5 days after a device is restored to service or | 13 |
| placed in service,
the original of a properly executed "Placed | 14 |
| in Service Report", together
with any official rejection tag or | 15 |
| seal removed from the device, shall be
mailed to the | 16 |
| Department. The duplicate copy of the report shall be handed
to | 17 |
| the owner or operator of the device and the triplicate copy of | 18 |
| the report
shall be retained by the service agency or | 19 |
| serviceperson.
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| A registered service agency and a registered serviceperson | 21 |
| shall submit,
at least once every 2 years to the Department for | 22 |
| examination
and
certification, any standards and testing | 23 |
| equipment that are used, or are to
be used, in the performance | 24 |
| of the service and testing functions with
respect to weighing | 25 |
| and measuring devices for which competence is
registered. A | 26 |
| registered serviceperson or agency shall not use in
servicing |
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| commercial weighing and measuring devices any standards or
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| testing equipment that have not been certified by the | 3 |
| Department.
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| When a serviceperson's or service agency's weights and | 5 |
| measures are carried
to a National Institute of Standards and | 6 |
| Technology approved
out-of-state weights and measures
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| laboratory for inspection and testing, the serviceperson
or | 8 |
| service agency
shall be responsible for providing the | 9 |
| Department a copy of the current
certification of all weights | 10 |
| and measures used in the repair, service, or
testing of | 11 |
| weighing or measuring devices within the State of Illinois.
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| All registered servicepersons placing into service
scales | 13 |
| in excess of
30,000 pounds shall have a minimum of 10,000 | 14 |
| pounds of State approved
certified test weights to accurately | 15 |
| test a scale.
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| Persons working as apprentices are not subject to | 17 |
| registration if they
work with and under the supervision of a | 18 |
| registered serviceperson.
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| The Director is authorized to promulgate, after public | 20 |
| hearing, rules
and regulations necessary to enforce the | 21 |
| provisions of this Section.
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| For good cause and after a hearing upon reasonable notice, | 23 |
| the Director
may deny any application for registration or any | 24 |
| application for renewal
of registration, or may revoke or | 25 |
| suspend the registration of any registrant.
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| The Director may publish from time to time as he deems |
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| appropriate, and
may supply upon request, lists of registered | 2 |
| servicepersons and registered
service agencies.
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| All final administrative decisions of the Director under | 4 |
| this Section shall
be subject to judicial review under the | 5 |
| Administrative
Review Law. The term "administrative
decision"
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| is defined as in Section 1 of the Administrative Review Law.
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| (Source: P.A. 93-32, eff. 7-1-03.)
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| Section 5-10. The Illinois Pesticide Act is amended by | 9 |
| changing Sections 6, 11, 11.1, and 12 and by adding Section | 10 |
| 13.3 as follows:
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| (415 ILCS 60/6) (from Ch. 5, par. 806)
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| Sec. 6. Registration.
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| 1. Every pesticide which is distributed, sold,
offered for | 14 |
| sale within this State, delivered for transportation or
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| transported in interstate commerce or between points within the | 16 |
| State
through any point outside the State, shall be registered | 17 |
| with the Director
or his designated agent, subject to | 18 |
| provisions of this Act. Such
registration shall be renewed | 19 |
| annually with registrations expiring December
31 each year. | 20 |
| Registration is not required if a pesticide is shipped from
one | 21 |
| plant or warehouse to another plant or warehouse by the same | 22 |
| person and
is used solely at such plant or warehouse as a | 23 |
| constituent part to make a
pesticide which is registered under | 24 |
| provisions of this Act and FIFRA.
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| 2. Registration applicant shall file a statement with the | 2 |
| Director which
shall include:
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| A. The name and address of the applicant and the name | 4 |
| and address of the
person whose name will appear on the | 5 |
| label if different from the applicant's.
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| B. The name of the pesticide.
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| C. A copy of the labeling accompanying the pesticide | 8 |
| under customary conditions
of distribution, sale and use, | 9 |
| including ingredient statement, direction
for use, use | 10 |
| classification, and precautionary or warning statements.
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| 3. The Director may require the submission of complete | 12 |
| formula data.
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| 4. The Director may require a full description of tests | 14 |
| made and the results
thereof, upon which the claims are based, | 15 |
| for any pesticide not registered
pursuant to FIFRA, or on any | 16 |
| pesticide under consideration
to be classified for restricted | 17 |
| use.
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| A. The Director will not consider data he required of | 19 |
| the initial
registrant of a pesticide in support of another | 20 |
| applicants' registration
unless the subsequent applicant | 21 |
| has obtained written permission to use such data.
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| B. In the case of renewal registration, the Director | 23 |
| may accept a
statement only with respect to information | 24 |
| which is different from that
furnished previously.
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| 5. The Director may prescribe other requirements to support | 26 |
| a pesticide
registration by regulation.
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| 6. For the years preceding the year 2004, any registrant | 2 |
| desiring to
register a pesticide product at any
time during one | 3 |
| year shall pay the annual registration fee of
$100 per product | 4 |
| registered for that applicant.
For the years 2004 through 2009 | 5 |
| and thereafter , the annual product registration
fee is $200 per | 6 |
| product. For the years 2010 and thereafter, the annual product | 7 |
| registration fee is $300 per product.
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| In addition, for the years preceding the year 2004 any | 9 |
| business
registering a pesticide product at any time
during one | 10 |
| year shall pay the annual business registration
fee of $250. | 11 |
| For the years 2004 and thereafter, the annual business
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| registration fee shall be $400. Each legal entity of the | 13 |
| business
shall pay
the
annual business registration fee.
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| For the years preceding the year 2004, any applicant | 15 |
| requesting an
experimental use permit shall pay the annual
fee | 16 |
| of $100 per permit and all special local need
pesticide
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| registration
applicants shall pay an annual fee of $100 per | 18 |
| product. For the
years 2004 through 2009 and thereafter , the | 19 |
| annual
experimental use permit fee and special local need | 20 |
| pesticide registration fee
is $200 per permit. For the years | 21 |
| 2010 and thereafter, the annual experimental use permit fee and | 22 |
| special local need pesticide registration fee is $300 per | 23 |
| permit. Subsequent
SLN
registrations for a pesticide already | 24 |
| registered shall be exempted from the
registration fee.
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| A. All registration accepted and approved by the | 26 |
| Director shall expire
on the 31st day of December in any |
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| one year unless cancelled.
Registration for a special local | 2 |
| need may be granted for a specific
period of time with the | 3 |
| approval date and expiration date specified.
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| B. If a registration for special local need granted by | 5 |
| the Director does
not receive approval of the Administrator | 6 |
| of USEPA, the registration shall
expire on the date of the | 7 |
| Administrator's disapproval.
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| 7. Registrations approved and accepted by the Director and | 9 |
| in effect on
the 31st day of December, for which renewal | 10 |
| application is made, shall continue
in full force and effect | 11 |
| until the Director notifies the registrant that
the renewal has | 12 |
| been approved and accepted or the registration is denied
under | 13 |
| this Act. Renewal registration forms will be provided to | 14 |
| applicants
by the Director.
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| 8. If the renewal of a pesticide registration is not filed | 16 |
| within 30
days of the date of expiration, a penalty late | 17 |
| registration assessment of $400
$300 per product shall apply in | 18 |
| lieu of the normal annual product
registration fee. The late | 19 |
| registration assessment shall not
apply if the applicant | 20 |
| furnishes an affidavit certifying that no
unregulated | 21 |
| pesticide was distributed or sold during the period of
| 22 |
| registration. The late assessment is not a bar to prosecution | 23 |
| for doing
business without proper registry.
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| 9. The Director may prescribe by regulation to allow | 25 |
| pesticide use for
a special local need, pursuant to FIFRA.
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| 10. The Director may prescribe by regulation the provisions |
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| for and
requirements of registering a pesticide intended for | 2 |
| experimental use.
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| 11. The Director shall not make any lack of essentiality a | 4 |
| criterion for
denial of registration of any pesticide. Where 2 | 5 |
| pesticides meet the
requirements, one should not be registered | 6 |
| in preference to the other.
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| 12. It shall be the duty of the pesticide registrant to | 8 |
| properly
dispose of any pesticide the registration of which has | 9 |
| been suspended,
revoked or cancelled or which is otherwise not | 10 |
| properly registered
in the State.
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| (Source: P.A. 93-32, eff. 7-1-03.)
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| (415 ILCS 60/11) (from Ch. 5, par. 811)
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| Sec. 11. Certified Pesticide Applicators. No person shall | 14 |
| use or supervise
the use of pesticides classified for | 15 |
| restricted use without a license
issued by the Director. | 16 |
| Persons licensed or desiring to be licensed as
certified | 17 |
| pesticide applicators shall comply with the certification
| 18 |
| requirements as set forth in Section 9 of this Act in order to | 19 |
| protect
public health and the environment, including injury to | 20 |
| the applicator or
other persons using these pesticides.
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| An applicant for certification as a private pesticide | 22 |
| applicator shall
meet qualification requirements prescribed by | 23 |
| regulation. The application
for certification shall be made in | 24 |
| writing to the Director, on forms available
from the Director | 25 |
| or the local county agricultural extension adviser's
office and |
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| be accompanied by payment of a $10 license fee in the years
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| preceding the year 2001. During the years
2001, 2002, 2003, | 3 |
| 2004, 2005, and 2006, the private pesticide applicator
license | 4 |
| fee shall be $15. During the years 2007 through 2009 and | 5 |
| thereafter , the private
pesticide applicator license fee shall | 6 |
| be $20. During the years 2010 and thereafter, the private | 7 |
| pesticide applicator license fee shall be $30. A
private
| 8 |
| pesticide applicator shall be assessed a fee of $5 for a | 9 |
| duplicate license.
Such application shall include:
| 10 |
| A. The full name of the applicant.
| 11 |
| B. The mailing address of the applicant.
| 12 |
| C. The documents required as evidence
of competence and | 13 |
| knowledge regarding the use of pesticides.
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| Certification, as a private pesticide applicator, issued | 15 |
| by the
Director shall be valid for a period prescribed by | 16 |
| regulation. The Director
shall develop regulatory standards to | 17 |
| ensure that certified private pesticide
applicators continue | 18 |
| to meet the requirements of a changing technology and
assure a | 19 |
| continued level of competence and ability.
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| (Source: P.A. 90-205, eff. 1-1-98.)
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| (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
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| Sec. 11.1. Public and Commercial Not-for-Hire License. No | 23 |
| public or
commercial not-for-hire applicator shall use or | 24 |
| supervise the use of any
pesticide without a license issued by | 25 |
| the Director. For the years 2010 and thereafter, the public or |
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| commercial not-for-hire applicator license fee shall be $20.
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| The late application fee for a public or commercial | 3 |
| not-for-hire applicator license
shall be $20 in addition to the | 4 |
| normal license fee . A public or commercial not-for-hire | 5 |
| applicator shall be assessed
a fee of $5 for a duplicate | 6 |
| license.
| 7 |
| 1. Application for certification as a commercial | 8 |
| not-for-hire pesticide
applicator shall be made in writing on | 9 |
| designated forms available from the
Director. Each application | 10 |
| shall contain information regarding the
qualifications
of the | 11 |
| applicant, classification of certification being sought, and | 12 |
| shall
include the following:
| 13 |
| A. The full name of the applicant.
| 14 |
| B. The name of the applicant's employer.
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| C. The address at the applicant's place of employment.
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| D. Any other information prescribed by the Director on | 17 |
| the designated
form.
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| 2. The Director shall not issue a certification to a | 19 |
| commercial not-for-hire
pesticide applicator until the | 20 |
| individual identified has demonstrated his
competence and | 21 |
| knowledge regarding pesticide use in accordance with
Section 9 | 22 |
| of this Act.
| 23 |
| 3. The Director shall not renew a certification as a | 24 |
| commercial not-for-hire
pesticide applicator until the | 25 |
| applicant
reestablishes his qualifications in accordance
with | 26 |
| Section 9 of this Act
or has met other requirements imposed by |
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| regulation in order to ensure that
the applicant meets the | 2 |
| requirements of changing technology and to assure
a continued | 3 |
| level of competence and ability.
| 4 |
| 4. Application for certification as a public pesticide | 5 |
| applicator shall
be made in writing on designated forms | 6 |
| available from the Director. Each
application shall contain | 7 |
| information regarding qualifications of applicant,
| 8 |
| classification of certification being sought, and shall | 9 |
| include the following:
| 10 |
| A. The full name of the applicant.
| 11 |
| B. The name of the applicant's employer.
| 12 |
| C. Any other information prescribed by the Director on | 13 |
| the designated
form.
| 14 |
| 5. The Director shall not issue a certificate to a public | 15 |
| pesticide
applicator
until the individual identified has | 16 |
| demonstrated his competence and knowledge
regarding pesticide | 17 |
| use in accordance with Section 9 of this Act.
| 18 |
| 6. The Director shall not renew a certification as a public
| 19 |
| pesticide applicator
until the applicant reestablishes his
| 20 |
| qualifications in accordance with Section 9 of this Act or has | 21 |
| met other
requirements imposed by regulation in order to ensure | 22 |
| that the applicant
meets the requirements of changing | 23 |
| technology and to assure a continued
level of competence and | 24 |
| ability.
| 25 |
| 7. Persons applying general use pesticides, approved by the
| 26 |
| Inter-Agency Committee on the Use of Pesticides, to scrap tires |
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| for the
control of mosquitoes shall be exempt from the license | 2 |
| requirements of this
Section.
| 3 |
| (Source: P.A. 90-205, eff. 1-1-98.)
| 4 |
| (415 ILCS 60/12) (from Ch. 5, par. 812)
| 5 |
| Sec. 12. Licensed Operator. No pesticide operator shall use | 6 |
| any pesticides
without a pesticide operator license issued by | 7 |
| the Director.
| 8 |
| 1. Application for an operator license shall be made in | 9 |
| writing on
designated
forms available from the Director. Each | 10 |
| application shall contain information
regarding the nature of | 11 |
| applicants pesticide use, his qualifications, and
such other | 12 |
| facts as prescribed on the form. The application shall also
| 13 |
| include the following:
| 14 |
| A. The full name of applicant.
| 15 |
| B. The address of the applicant.
| 16 |
| C. The name of and license/certification number of the | 17 |
| pesticide
applicator
under whom the applicant will work.
| 18 |
| 2. The Director shall not issue a pesticide operator | 19 |
| license until the
individual identified has demonstrated his | 20 |
| competence and knowledge regarding
pesticide use in accordance | 21 |
| with Section 9 of this Act.
| 22 |
| 3. The Director shall not issue an operator license to any | 23 |
| person who
is unable to provide the name and | 24 |
| license/certification number of an applicator
under whom the | 25 |
| operator will work.
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| 4. For the years preceding the year 2001, a licensed | 2 |
| commercial operator working
for or under the supervision of a | 3 |
| certified
licensed commercial pesticide applicator shall pay | 4 |
| an annual fee of $25.
For the years 2001, 2002, and 2003, the | 5 |
| annual fee for a commercial operator
license is $30. For the | 6 |
| years 2004, 2005, and 2006, the annual fee for a
commercial | 7 |
| operator license is $35. For the years 2007 and thereafter, the
| 8 |
| annual fee for a commercial operator license is $40.
The late | 9 |
| application fee for an operator license shall be $20 in
| 10 |
| addition to the normal license fee. A licensed operator shall | 11 |
| be assessed a
fee of $5 for a duplicate license.
| 12 |
| 5. For the years 2010 and thereafter, the public or | 13 |
| commercial not-for-hire pesticide operator license fee shall | 14 |
| be $15. The late application fee for a public or commercial | 15 |
| not-for-hire applicator license shall be $20 in addition to the | 16 |
| normal license fee. A public or commercial not-for-hire | 17 |
| operator shall be assessed a fee of $5 for a duplicate license. | 18 |
| (Source: P.A. 89-94, eff. 7-6-95; 90-205, eff. 1-1-98.)
| 19 |
| (415 ILCS 60/13.3 new) | 20 |
| Sec. 13.3. Agrichemical facility containment permits. An | 21 |
| Agrichemical Containment Permit issued by the Department shall | 22 |
| be obtained for each existing and new agrichemical facility and | 23 |
| non-commercial agrichemical facility as defined by rules | 24 |
| promulgated by the Department. A permit fee of $100 shall be | 25 |
| submitted to the Department with each permit application or |
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| permit renewal application. All moneys collected pursuant to | 2 |
| this Section shall be deposited in the Pesticide Control Fund. | 3 |
| Section 5-15. The Lawn Care Products Application and Notice | 4 |
| Act is amended by changing Section 5 as follows:
| 5 |
| (415 ILCS 65/5) (from Ch. 5, par. 855)
| 6 |
| Sec. 5. Containment of spills, wash water, and rinsate | 7 |
| collection.
| 8 |
| (a) No loading of lawn care products for distribution to a | 9 |
| customer or
washing or rinsing of pesticide residues from | 10 |
| vehicles,
application equipment, mixing equipment, floors or | 11 |
| other items used for the
storage, handling, preparation for | 12 |
| use, transport, or application of
pesticides to lawns shall be | 13 |
| performed at a facility except in designated
containment areas | 14 |
| in accordance with the requirements of this
Section.
A lawn | 15 |
| care containment permit, issued by the Department, shall be
| 16 |
| obtained prior to the operation of the containment area. The
| 17 |
| Department shall issue a lawn care containment permit when the | 18 |
| containment
area or facility complies with the provisions of | 19 |
| this Section and the rules
and regulations adopted under | 20 |
| Sections 5 and 6. A permit fee of $100 shall be submitted to | 21 |
| the Department with each permit application or permit renewal | 22 |
| application. All moneys collected pursuant to this Section | 23 |
| shall be deposited in the Pesticide Control Fund.
| 24 |
| (b) No later than January 1, 1993, containment areas
shall |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| be
in use in any facility as defined in this Act and no wash | 2 |
| water or rinsates
may be released into the environment except | 3 |
| in accordance with applicable
law. Containment areas shall | 4 |
| include the following
requirements:
| 5 |
| (1) The containment area shall be constructed of | 6 |
| concrete,
asphalt or
other impervious materials which | 7 |
| include, but are not limited to,
polyethylene containment | 8 |
| pans and synthetic membrane liners. All containment
area | 9 |
| materials shall be compatible with the lawncare products to | 10 |
| be
contained.
| 11 |
| (2) The containment area shall be designed to capture | 12 |
| spills,
washwaters,
and rinsates generated in the loading | 13 |
| of application devices, the lawncare
product-related | 14 |
| servicing
of vehicles, and the triple rinsing of pesticide
| 15 |
| containers and to prevent the release of such spills, | 16 |
| washwaters, or
rinsates
to the environment other than as | 17 |
| described in paragraph (3) of this subsection
(b).
| 18 |
| (3) Spills, washwaters, and rinsates captured in the
| 19 |
| containment area may
be used in accordance with the label | 20 |
| rates of the lawncare products,
reused as makeup water for | 21 |
| dilution of pesticides in preparation of
application, or | 22 |
| disposed in accordance with applicable local, State and
| 23 |
| federal regulations.
| 24 |
| (c) The requirements of this Section shall not apply to | 25 |
| situations
constituting an emergency where washing or rinsing | 26 |
| of pesticide residues
from equipment or other items is |
|
|
|
09600SB1846ham002 |
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|
| 1 |
| necessary to prevent imminent harm to human
health or the | 2 |
| environment.
| 3 |
| (d) The requirements of this Section shall not apply to | 4 |
| persons subject
to the containment requirements of the Illinois | 5 |
| Pesticide Act or the
Illinois Fertilizer Act of 1961
and any | 6 |
| rules or regulations adopted thereunder.
| 7 |
| (Source: P.A. 92-113, eff. 7-20-01.)
| 8 |
| Section 5-20. The Illinois Commercial Feed Act of 1961 is | 9 |
| amended by changing Sections 4 and 6 as follows:
| 10 |
| (505 ILCS 30/4) (from Ch. 56 1/2, par. 66.4)
| 11 |
| Sec. 4. Product Registration and Firm License.
| 12 |
| (a) No person who manufactures feed in this State or whose | 13 |
| name appears
on the label shall distribute a commercial feed | 14 |
| unless the person has
secured a license under this Act on forms | 15 |
| provided by the Department which
identify the name and address | 16 |
| of the firm and the location of each
manufacturing facility of | 17 |
| that firm within this State. An
application for the license | 18 |
| shall be accompanied by a fee of $30 $25 for each
year or any | 19 |
| portion thereof. All firm licenses shall expire December
31 of | 20 |
| each year. Each commercial feed shall be registered before | 21 |
| being
distributed in this State, provided, however, that | 22 |
| customer-formula feeds
are exempt from registration. The | 23 |
| application for registration shall be
submitted to the Director | 24 |
| on forms furnished or acceptable to the Director.
The |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| registration shall be accompanied by a label and such other | 2 |
| information
as the Director may require describing the product. | 3 |
| All registrations are
permanent unless amended or cancelled by | 4 |
| the registrant.
| 5 |
| (b) A distributor shall not be required to register any
| 6 |
| product which is already registered under this Act by another
| 7 |
| person, unless the product has been repackaged or relabelled.
| 8 |
| (c) Changes in the guarantee of either chemical or | 9 |
| ingredient
composition of a registered product may be permitted | 10 |
| provided that such
changes would not result in a lowering of | 11 |
| the feeding value of the product
for the purpose for which | 12 |
| designed.
| 13 |
| (d) The Director is empowered to refuse a product
| 14 |
| registration or a firm license not in compliance with the | 15 |
| provisions of
this Act and to suspend or revoke any product | 16 |
| registration or firm license
subsequently found not to be in | 17 |
| compliance with any provision of this Act;
provided, however, | 18 |
| that no product registration or firm license shall be
refused | 19 |
| or revoked until an opportunity has been afforded the | 20 |
| respondent to
be heard before the Director.
| 21 |
| (Source: P.A. 87-664.)
| 22 |
| (505 ILCS 30/6) (from Ch. 56 1/2, par. 66.6)
| 23 |
| Sec. 6. Inspection fees and reports.
| 24 |
| (a) An inspection fee at the rate of 30 20 cents per ton | 25 |
| shall be
paid to
the Director on commercial feed distributed in |
|
|
|
09600SB1846ham002 |
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|
| 1 |
| this State by the person who
first distributes the commercial | 2 |
| feed subject to the following:
| 3 |
| (1) The inspection fee is not required on the first | 4 |
| distribution, if
made to an Exempt Buyer, who with approval | 5 |
| from the Director, will become
responsible for the fee.
| 6 |
| (2) Customer-formula feeds are hereby exempted if the | 7 |
| inspection fee is
paid on the commercial feeds which they | 8 |
| contain.
| 9 |
| (3) A fee shall not be paid on a commercial feed if the | 10 |
| payment has been
made by a previous distributor.
| 11 |
| (4) In the case of pet food and specialty pet food | 12 |
| which are distributed
in the State in packages of 10 pounds | 13 |
| or less, an annual fee of $90 $75
shall be paid in lieu of | 14 |
| an inspection fee. The inspection fee required by
| 15 |
| subsection (a) shall apply to pet food and specialty pet | 16 |
| food distribution
in packages exceeding 10 pounds. All fees | 17 |
| collected pursuant to this
Section shall be paid into the | 18 |
| Feed Control Fund in the State Treasury.
| 19 |
| (b) The minimum inspection fee shall be $25 every 6 months.
| 20 |
| (c) Each person who is liable for the payment of the | 21 |
| inspection fee shall:
| 22 |
| (1) File, not later than the last day of January and | 23 |
| July of each year,
a statement setting forth the number of | 24 |
| net tons of
commercial feeds distributed in this State | 25 |
| during the preceding calendar
6 months period; and upon | 26 |
| filing such statement shall pay the inspection
fee at the |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| rate stated in paragraph (a) of this Section. This report
| 2 |
| shall be made on a summary form provided by the Director or | 3 |
| on other forms
as approved by the Director. If the tonnage | 4 |
| report is not filed and the
inspection fee is not paid | 5 |
| within 15 days after the end of the filing date
a | 6 |
| collection fee amounting to 10% of the inspection fee that | 7 |
| is due
or $50 whichever is greater, shall be assessed | 8 |
| against the person who is
liable for the payment of the | 9 |
| inspection fee in addition to the
inspection fee that is | 10 |
| due.
| 11 |
| (2) Keep such records as may be necessary or required | 12 |
| by the Director to
indicate accurately the tonnage of | 13 |
| commercial feed distributed in this
State, and the Director | 14 |
| shall have the right to examine such records to
verify | 15 |
| statements of tonnage. Failure to make an accurate | 16 |
| statement of
tonnage or to pay the inspection fee or comply | 17 |
| as provided herein shall
constitute sufficient cause for | 18 |
| the cancellation of all registrations
or firm licenses on | 19 |
| file for the manufacturer or distributor.
| 20 |
| (Source: P.A. 93-32, eff. 7-1-03.)
| 21 |
| Section 5-25. The Livestock Management Facilities Act is | 22 |
| amended by changing Section 30 as follows:
| 23 |
| (510 ILCS 77/30)
| 24 |
| Sec. 30. Certified Livestock Manager. The Department shall |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| establish a Certified Livestock Manager program in
conjunction | 2 |
| with the livestock industry that will enhance management skills | 3 |
| in
critical areas, such as environmental awareness, safety | 4 |
| concerns, odor control
techniques and technology, neighbor | 5 |
| awareness, current best management
practices, and the | 6 |
| developing and implementing of manure management plans.
| 7 |
| (a) Applicability.
A livestock waste handling facility | 8 |
| serving 300 or greater animal
units shall be operated only | 9 |
| under the supervision of a certified livestock
manager. Not | 10 |
| withstanding the before-stated provision, a livestock waste
| 11 |
| handling facility may be operated on an interim basis,
but not | 12 |
| to exceed 6 months, to allow for the owner or operator of the | 13 |
| facility
to become certified.
| 14 |
| (b) A certification program shall include the following:
| 15 |
| (1) A general working knowledge of best management | 16 |
| practices.
| 17 |
| (2) A general working knowledge of livestock waste | 18 |
| handling
practices and procedures.
| 19 |
| (3) A general working knowledge of livestock | 20 |
| management
operations and related safety issues.
| 21 |
| (4) An awareness and understanding of the | 22 |
| responsibility of the
owner or operator for all employees | 23 |
| who may be involved with waste handling.
| 24 |
| (c) Any certification issued shall be valid for 3 years and | 25 |
| thereafter
be subject to renewal. A renewal shall be valid for | 26 |
| a 3 year period and the
procedures set forth in this Section |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| shall be followed. The Department may
require anyone who is | 2 |
| certified to be
recertified in less than 3 years for just cause | 3 |
| including but not limited to
repeated complaints where | 4 |
| investigations reveal the need to improve management
| 5 |
| practices.
| 6 |
| (d) Methods for obtaining certified livestock manager | 7 |
| status.
| 8 |
| (1) The owner or operator of a livestock waste handling | 9 |
| facility
serving 300 or greater animal units but less than | 10 |
| 1,000 animal units shall
become a certified livestock | 11 |
| manager by:
| 12 |
| (A) attending a training session conducted by the
| 13 |
| Department of Agriculture, Cooperative Extension | 14 |
| Service, or any agriculture
association, which has | 15 |
| been approved by or is in cooperation with the
| 16 |
| Department; or
| 17 |
| (B) in lieu of attendance at a training session,
| 18 |
| successfully completing a written competency | 19 |
| examination.
| 20 |
| (2) The owner or operator of a livestock waste handling | 21 |
| facility
serving 1,000 or greater animal units shall become | 22 |
| a certified livestock
manager by attending a training | 23 |
| session conducted by the Department of
Agriculture, | 24 |
| Cooperative Extension Service, or any agriculture | 25 |
| association,
which has been approved by or is in | 26 |
| cooperation with the Department and
successfully |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| completing a written competency examination.
| 2 |
| (e) The certified livestock manager certificate shall be | 3 |
| issued by the
Department and shall indicate that the person | 4 |
| named on the certificate is
certified as a livestock management | 5 |
| facility manager, the dates of
certification, and when renewal | 6 |
| is due.
| 7 |
| (f) For the years prior to 2010, the The Department shall | 8 |
| charge $10 for the issuance or renewal of a
certified
livestock | 9 |
| manager certificate. For the years 2010 and thereafter, the | 10 |
| Department shall charge $30 for the issuance or renewal of a | 11 |
| certified livestock manager certificate.
The Department may, | 12 |
| by rule, establish fees to cover the costs of materials and
| 13 |
| training for training sessions given by the Department.
| 14 |
| (g) The owner or operator of a livestock waste handling | 15 |
| facility operating
in violation of the provisions of subsection
| 16 |
| (a) of this Section shall be issued a warning letter for the | 17 |
| first violation
and
shall be required to have a certified | 18 |
| manager for the livestock waste handling
facility within 30 | 19 |
| working days. For failure to comply with the warning
letter | 20 |
| within the 30 day period, the person shall
be fined an | 21 |
| administrative penalty of up to
$1,000 by the Department and | 22 |
| shall be required to enter into an
agreement to have
a | 23 |
| certified manager for the livestock waste handling facility | 24 |
| within 30 working
days. For continued failure to comply, the | 25 |
| Department may issue an
operational
cease and desist order | 26 |
| until compliance is attained.
|
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
| 2 |
| ARTICLE 10. NATURAL RESOURCES | 3 |
| Section 10-5. The Department of Natural Resources | 4 |
| (Conservation) Law of the
Civil Administrative Code of Illinois | 5 |
| is amended by adding Section 805-550 as follows: | 6 |
| (20 ILCS 805/805-550 new) | 7 |
| Sec. 805-550. Consultation fees. | 8 |
| (a) The Department shall assess a $500 fee for | 9 |
| consultations conducted pursuant to subsection (b) of Section | 10 |
| 11 of the Illinois Endangered Species Protection Act or Section | 11 |
| 17 of the Illinois Natural Areas Preservation Act. The | 12 |
| Department shall not assess any fee for consultations requested | 13 |
| by any State or federal agency. Any fee assessed pursuant to | 14 |
| this Section shall be deposited into the Illinois Wildlife | 15 |
| Preservation Fund. | 16 |
| (b) For purposes of this Section, "State agency" is defined | 17 |
| as provided in Section 1-20 of the Illinois Administrative | 18 |
| Procedure Act. | 19 |
| (c) The Department may promulgate rules to implement this | 20 |
| Section. | 21 |
| Section 10-10. The Illinois Non-Game Wildlife Protection | 22 |
| Act is amended by changing Section 4 as follows:
|
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| (30 ILCS 155/4) (from Ch. 61, par. 404)
| 2 |
| Sec. 4. (a) There is created the Illinois Wildlife | 3 |
| Preservation Fund, a
special fund in the State Treasury. The | 4 |
| Department of Revenue shall determine
annually the total amount | 5 |
| contributed to such fund pursuant to this Act and
shall notify | 6 |
| the State Comptroller and the State Treasurer of such amount to | 7 |
| be
transferred to the Illinois Wildlife Preservation Fund, and | 8 |
| upon receipt of
such notification the State Comptroller shall | 9 |
| transfer such amount.
| 10 |
| (b) The Department of Natural Resources shall deposit
any | 11 |
| donations including federal reimbursements received for the | 12 |
| purposes in the
Illinois Wildlife Preservation Fund.
| 13 |
| (c) The General Assembly may appropriate annually from the | 14 |
| Illinois Wildlife
Preservation Fund such monies credited to | 15 |
| such fund from the check-off
contribution system provided in | 16 |
| this Act and from other funds received for the
purposes of this | 17 |
| Act, to the Department of Natural Resources to be used for the
| 18 |
| purposes of preserving, protecting,
perpetuating and enhancing | 19 |
| non-game wildlife in this State. Beginning with fiscal year | 20 |
| 2006, 5% of the Illinois Wildlife Preservation Fund must be | 21 |
| committed to or expended on grants by the Department of Natural | 22 |
| Resources for the maintenance of wildlife rehabilitation | 23 |
| facilities that take care of threatened or endangered species. | 24 |
| For purposes of calculating the 5%, the amount in the Fund is | 25 |
| exclusive of any federal funds deposited in or credited to the |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| Fund or any amounts deposited in the Fund pursuant to Section | 2 |
| 805-550 of the Department of Natural Resources (Conservation) | 3 |
| Law of the Civil Administrative Code of Illinois . The | 4 |
| Department shall establish criteria for the grants by rules | 5 |
| adopted in accordance with the Illinois Administrative | 6 |
| Procedure Act before January 1, 2006. However, no amount
| 7 |
| appropriated from the Illinois Wildlife Preservation Fund may | 8 |
| be used by the
Department of Natural Resources to exercise its | 9 |
| power of
eminent domain.
| 10 |
| (Source: P.A. 94-516, eff. 8-10-05.)
| 11 |
| Section 10-15. The Fish and Aquatic Life Code is amended by | 12 |
| changing Sections 20-45 and 20-55 as follows:
| 13 |
| (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
| 14 |
| Sec. 20-45. License fees for residents. Fees for licenses | 15 |
| for residents
of the State of Illinois shall be as follows:
| 16 |
| (a) Except as otherwise provided in this Section, for | 17 |
| sport fishing
devices as defined in Section 10-95 or | 18 |
| spearing devices as defined in
Section 10-110 the fee is | 19 |
| $14.50 $12.50 for individuals 16 to 64 years old, and
| 20 |
| one-half of the current fishing license fee for individuals | 21 |
| age 65 or older,
commencing with the 1994 license year.
| 22 |
| (b) All residents before using any commercial fishing | 23 |
| device shall
obtain a commercial fishing license, the fee | 24 |
| for which shall be $35.
Each and every commercial device |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| used shall be licensed by a resident
commercial fisherman | 2 |
| as follows:
| 3 |
| (1) For each 100 lineal yards, or fraction thereof, | 4 |
| of seine
the fee is $18. For each minnow seine, minnow | 5 |
| trap, or net for commercial
purposes the fee is $20.
| 6 |
| (2) For each device to fish with a 100 hook trot | 7 |
| line
device,
basket trap, hoop net, or dip net the fee | 8 |
| is $3.
| 9 |
| (3) When used in the waters of Lake Michigan, for | 10 |
| the first 2000
lineal feet, or fraction thereof, of | 11 |
| gill net the fee is $10; and
for each 1000 additional | 12 |
| lineal feet, or fraction thereof, the fee is $10.
These | 13 |
| fees shall apply to all gill nets in use in the water | 14 |
| or on drying
reels on the shore.
| 15 |
| (4) For each 100 lineal yards, or fraction thereof, | 16 |
| of gill net
or trammel net the fee is $18.
| 17 |
| (c) Residents of the State of Illinois may obtain a | 18 |
| sportsmen's
combination license that shall entitle the | 19 |
| holder to the same
non-commercial fishing privileges as | 20 |
| residents holding a license as
described in subsection (a) | 21 |
| of this Section and to the same hunting
privileges as | 22 |
| residents holding a license to hunt all species as
| 23 |
| described in Section 3.1 of the Wildlife Code. No | 24 |
| sportsmen's combination
license shall be issued to any | 25 |
| individual who would be ineligible for
either the fishing | 26 |
| or hunting license separately. The sportsmen's
combination |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| license fee shall be $25.50 $18.50 .
For residents age 65 or | 2 |
| older, the fee is one-half of the fee charged for a
| 3 |
| sportsmen's combination license.
| 4 |
| (d) For 24 hours of fishing
by sport fishing devices
as | 5 |
| defined in Section 10-95 or by spearing devices as defined | 6 |
| in Section
10-110 the fee is $5. This license exempts the | 7 |
| licensee from the
requirement for a salmon or inland trout | 8 |
| stamp. The licenses provided for
by this subsection
are not | 9 |
| required for residents of the State of Illinois who have | 10 |
| obtained the
license provided for in subsection (a) of this | 11 |
| Section.
| 12 |
| (e) All residents before using any commercial mussel | 13 |
| device shall
obtain a commercial mussel license, the fee | 14 |
| for which shall be $50.
| 15 |
| (f) Residents of this State, upon establishing | 16 |
| residency as required
by the Department, may obtain a | 17 |
| lifetime hunting or fishing license or
lifetime | 18 |
| sportsmen's combination license which shall entitle the | 19 |
| holder to
the same non-commercial fishing privileges as | 20 |
| residents holding a license
as described in paragraph (a) | 21 |
| of this Section and to the same hunting
privileges as | 22 |
| residents holding a license to hunt all species as | 23 |
| described
in Section 3.1 of the Wildlife Code. No lifetime | 24 |
| sportsmen's combination
license shall be issued to or | 25 |
| retained by any individual
who would be ineligible for | 26 |
| either the fishing or hunting license
separately, either |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| upon issuance, or in any year a violation would
subject an | 2 |
| individual to have either or both fishing or hunting | 3 |
| privileges
rescinded. The lifetime hunting and fishing | 4 |
| license fees shall be as follows:
| 5 |
| (1) Lifetime fishing: 30 x the current fishing | 6 |
| license fee.
| 7 |
| (2) Lifetime hunting: 30 x the current hunting | 8 |
| license fee.
| 9 |
| (3) Lifetime sportsmen's combination license: 30 x | 10 |
| the current
sportsmen's combination license fee.
| 11 |
| Lifetime licenses shall not be refundable. A $10 fee shall | 12 |
| be charged
for reissuing any lifetime license. The Department | 13 |
| may establish rules and
regulations for the issuance and use of | 14 |
| lifetime licenses and may suspend
or revoke any lifetime | 15 |
| license issued under this Section for violations of
those rules | 16 |
| or regulations or other provisions under this Code or the
| 17 |
| Wildlife Code. Individuals under 16 years of age who possess a | 18 |
| lifetime
hunting or sportsmen's combination license shall have | 19 |
| in their possession,
while in the field, a certificate of | 20 |
| competency as required under Section
3.2 of the Wildlife Code. | 21 |
| Any lifetime license issued under this Section
shall not exempt | 22 |
| individuals from obtaining additional stamps or permits
| 23 |
| required under the provisions of this Code or the Wildlife | 24 |
| Code.
Individuals required to purchase additional stamps shall | 25 |
| sign the stamps
and have them in their possession while fishing | 26 |
| or hunting with a lifetime
license. All fees received from the |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| issuance
of lifetime licenses shall be deposited in the Fish | 2 |
| and Wildlife Endowment
Fund.
| 3 |
| Except for licenses issued under subsection (e) of this | 4 |
| Section, all
licenses provided for in this Section shall expire | 5 |
| on March 31 of
each year, except that the license provided for | 6 |
| in subsection (d) of
this Section shall expire 24 hours after | 7 |
| the effective date and time listed
on the face of the license.
| 8 |
| All individuals required to have and failing to have the | 9 |
| license provided
for in subsection (a) or (d) of this Section | 10 |
| shall be fined according to the
provisions of Section 20-35 of | 11 |
| this Code.
| 12 |
| All individuals required to have and failing to have the | 13 |
| licenses
provided for in subsections (b) and (e) of this | 14 |
| Section shall be guilty of a
Class B misdemeanor.
| 15 |
| (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743, | 16 |
| eff.
1-1-99.)
| 17 |
| (515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
| 18 |
| Sec. 20-55. License fees for non-residents. Fees for | 19 |
| licenses for
non-residents of the State of Illinois are as | 20 |
| follows:
| 21 |
| (a) For sport fishing devices as defined by Section
10-95, | 22 |
| or spearing
devices as defined in Section 10-110, non-residents | 23 |
| age 16 or older shall be
charged $31 $24 for a fishing license | 24 |
| to fish. For sport fishing devices as defined
by Section 10-95, | 25 |
| or spearing devices as defined in Section 10-110, for a
period |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| not to exceed 10 consecutive days fishing in the State of | 2 |
| Illinois the
fee is $19.50 $12.50 .
| 3 |
| For sport fishing devices as defined in Section 10-95,
or | 4 |
| spearing
devices as defined in Section 10-110, for 24 hours of | 5 |
| fishing the fee is $5. This license exempts the licensee from
| 6 |
| the salmon or inland trout stamp requirement.
| 7 |
| (b) All non-residents before using any commercial fishing | 8 |
| device
shall obtain a non-resident commercial fishing license, | 9 |
| the fee for
which shall be $150. Each and every commercial | 10 |
| device shall be
licensed by a non-resident commercial fisherman | 11 |
| as follows:
| 12 |
| (1) For each 100 lineal yards, or fraction thereof, of | 13 |
| seine
(excluding minnow seines) the fee is $36.
| 14 |
| (2) For each device to fish with a 100 hook trot line
| 15 |
| device,
basket trap, hoop net, or dip net the fee is $6.
| 16 |
| (3) For each 100 lineal yards, or fraction thereof, of | 17 |
| trammel net
the fee is $36.
| 18 |
| (4) For each 100 lineal yards, or fraction thereof, of | 19 |
| gill net
the fee is $36.
| 20 |
| All persons required to have and failing to have the | 21 |
| license provided
for in subsection (a) of this Section shall be | 22 |
| fined under Section 20-35
of this Code. Each person required to | 23 |
| have and failing to have the
licenses required under subsection | 24 |
| (b) of this Section shall be guilty of a
Class B misdemeanor.
| 25 |
| All licenses provided for in this Section shall expire on | 26 |
| March 31 of
each year; except that the 24-hour license for |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| sport fishing devices or
spearing devices shall
expire 24 hours | 2 |
| after the effective date and time listed on the face of the
| 3 |
| license and licenses for sport fishing devices
or spearing
| 4 |
| devices for a period not to exceed 10 consecutive days fishing | 5 |
| in the
State of Illinois as provided in subsection (a) of this | 6 |
| Section shall
expire at midnight on the tenth day after issued, | 7 |
| not counting the day
issued.
| 8 |
| (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743, | 9 |
| eff. 1-1-99.)
| 10 |
| Section 10-20. The Wildlife Code is amended by changing | 11 |
| Sections 1.29, 2.26, 3.2, and 3.39 as follows:
| 12 |
| (520 ILCS 5/1.29) (from Ch. 61, par. 1.29)
| 13 |
| Sec. 1.29. Migratory Waterfowl Stamp Fund.
| 14 |
| (a) There is hereby created in the State Treasury the State
| 15 |
| Migratory Waterfowl Stamp Fund. All fees collected from the | 16 |
| sale of
State Migratory Waterfowl Stamps shall be deposited | 17 |
| into this Fund. These
moneys shall be appropriated to the | 18 |
| Department for the following purposes:
| 19 |
| (1) 25% 50% of funds derived from the sale of State | 20 |
| migratory waterfowl
stamps and 100% of all gifts, | 21 |
| donations, grants and bequests of money for
the | 22 |
| conservation and propagation of waterfowl, for projects | 23 |
| approved by
the Department for the purpose of attracting | 24 |
| waterfowl and improving public
migratory waterfowl areas |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| within the State, and for payment of the costs
of printing | 2 |
| State migratory waterfowl stamps, the expenses incurred in | 3 |
| acquiring
State waterfowl stamp designs and the expenses of | 4 |
| producing reprints.
These projects may include the
repair, | 5 |
| maintenance and operation of public migratory waterfowl | 6 |
| areas
only in emergencies as
determined by the State Duck | 7 |
| Stamp Committee ; but none of the monies spent
within the | 8 |
| State shall be used for administrative expenses .
| 9 |
| (2) 25% of funds derived from the sale of State | 10 |
| migratory waterfowl
stamps will be turned over by the | 11 |
| Department to appropriate
non-profit organizations for the | 12 |
| development of waterfowl propagation
areas within the | 13 |
| Dominion of Canada or the United States that
specifically | 14 |
| provide waterfowl for the Mississippi Flyway.
| 15 |
| (3) 25% of funds derived from the sale of State | 16 |
| migratory waterfowl
stamps shall be turned over by the | 17 |
| Department to appropriate non-profit
organizations to be | 18 |
| used for the implementation of the North American
Waterfowl | 19 |
| Management Plan. These funds shall be used for the | 20 |
| development of
waterfowl areas within the Dominion of | 21 |
| Canada or the United States that
specifically provide | 22 |
| waterfowl for the Mississippi Flyway. | 23 |
| (4) 25% of funds derived from the sale of State | 24 |
| migratory waterfowl stamps shall be available for use by | 25 |
| the Department for internal administrative costs of the | 26 |
| Department and for the maintenance of waterfowl habitat, |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| including the replacement, repair, operation, and | 2 |
| maintenance of pumps and levees used for water management | 3 |
| on public migratory waterfowl areas within the State.
| 4 |
| (b) Before turning over any funds under the provisions of
| 5 |
| paragraphs (2) and (3) of subsection (a)
the Department shall | 6 |
| obtain evidence that the project is
acceptable to the | 7 |
| appropriate governmental agency of the Dominion of
Canada or | 8 |
| the United States or of one of its Provinces or States having
| 9 |
| jurisdiction over the lands and waters affected by the project, | 10 |
| and shall
consult those agencies and the State Duck Stamp | 11 |
| Committee for approval
before allocating funds.
| 12 |
| (c) The State Duck Stamp Committee shall consist of: (1) | 13 |
| The State
Waterfowl Biologist, (2) The Chief of the Wildlife
| 14 |
| Resources Division or his designee, (3) The Chief of the Land | 15 |
| Management
Division or his designee, (4) The Chief of the | 16 |
| Engineering Technical Services Division
or his designee, and | 17 |
| (5) Two or more at large representatives from
statewide | 18 |
| waterfowl organizations appointed by the Director. The
| 19 |
| Committee's duties shall be to review and recommend all Duck | 20 |
| Stamp Projects
and review and recommend all expenditures from | 21 |
| the State Migratory
Waterfowl Stamp Fund. The committee shall | 22 |
| give due consideration to
waterfowl projects that are readily | 23 |
| available to holders of the State
Migratory Waterfowl Stamp, | 24 |
| wherever they may live in Illinois.
| 25 |
| (Source: P.A. 86-155; 87-135.)
|
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 2 |
| Sec. 2.26. Deer hunting permits. In this Section,
"bona | 3 |
| fide equity shareholder" means an individual who (1) purchased, | 4 |
| for
market price, publicly sold stock shares in a corporation,
| 5 |
| purchased shares of a privately-held corporation for a value
| 6 |
| equal to the percentage of the appraised value of the corporate | 7 |
| assets
represented by the ownership in the corporation, or is a | 8 |
| member of a
closely-held family-owned corporation and has | 9 |
| purchased or been gifted with
shares of stock in the | 10 |
| corporation accurately reflecting his or her
percentage of | 11 |
| ownership and (2) intends to retain the ownership of the
shares | 12 |
| of stock for at least 5 years.
| 13 |
| In this Section, "bona fide equity member" means an | 14 |
| individual who (1) (i)
became a member
upon
the formation of | 15 |
| the limited liability company or (ii) has purchased a
| 16 |
| distributional interest in a limited liability company for a | 17 |
| value equal to the
percentage of the appraised value of the LLC | 18 |
| assets represented by the
distributional interest in the LLC | 19 |
| and subsequently becomes a member of the
company
pursuant to | 20 |
| Article 30 of the Limited Liability Company Act and who (2)
| 21 |
| intends to retain the membership for at least 5 years.
| 22 |
| In this Section, "bona fide equity partner" means an | 23 |
| individual who (1) (i) became a partner, either general or | 24 |
| limited, upon the formation of a partnership or limited | 25 |
| partnership, or (ii) has purchased, acquired, or been gifted a | 26 |
| partnership interest accurately representing his or her |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| percentage distributional interest in the profits, losses, and | 2 |
| assets of a partnership or limited partnership, (2) intends to | 3 |
| retain ownership of the partnership interest for at least 5 | 4 |
| years, and (3) is a resident of Illinois.
| 5 |
| Any person attempting to take deer shall first obtain a | 6 |
| "Deer
Hunting Permit" in accordance with prescribed | 7 |
| regulations set forth in an
Administrative Rule. Deer Hunting | 8 |
| Permits shall be issued by the Department.
The fee for a Deer | 9 |
| Hunting Permit to take deer with either bow and arrow or gun
| 10 |
| shall not exceed $25.00 $15.00 for residents of the State. The | 11 |
| Department may by
administrative rule provide for non-resident | 12 |
| deer hunting permits for which the
fee will not exceed $300 in | 13 |
| 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 14 |
| provided below for non-resident landowners
and non-resident | 15 |
| archery hunters. The Department may by
administrative rule | 16 |
| provide for a non-resident archery deer permit consisting
of | 17 |
| not more than 2 harvest tags at a total cost not to exceed $325 | 18 |
| in 2005, $375 in 2006, and $425 in 2007 and thereafter.
Permits | 19 |
| shall be issued without charge to:
| 20 |
| (a) Illinois landowners residing in Illinois who own at | 21 |
| least 40 acres of
Illinois land and wish to hunt their land | 22 |
| only,
| 23 |
| (b) resident tenants of at least 40 acres of commercial | 24 |
| agricultural land
where they will hunt, and
| 25 |
| (c) Bona fide equity shareholders of a corporation,
| 26 |
| bona fide
equity
members of a limited liability
company, or |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| bona fide equity partners of a general or limited | 2 |
| partnership
which owns at least 40 acres of land
in a | 3 |
| county in Illinois who wish to hunt on the corporation's, | 4 |
| company's, or partnership's land only.
One permit shall be | 5 |
| issued without charge to one bona fide equity
shareholder, | 6 |
| one bona fide equity member, or one bona fide equity | 7 |
| partner for each 40
acres of land owned by the corporation, | 8 |
| company, or partnership in
a county; however, the number of
| 9 |
| permits issued without charge to bona fide equity | 10 |
| shareholders of any
corporation or bona fide equity members
| 11 |
| of a limited
liability company in any
county shall not | 12 |
| exceed 15, and shall not exceed 3 in the case of bona fide | 13 |
| equity partners of a partnership.
| 14 |
| Bona fide landowners or tenants who do not wish to hunt | 15 |
| only on the land
they own, rent, or lease or bona fide equity | 16 |
| shareholders, bona fide
equity
members, or bona fide equity | 17 |
| partners who do not wish to hunt
only on the
land owned by the | 18 |
| corporation, limited liability company, or partnership
shall | 19 |
| be
charged the same fee as the
applicant who is not a | 20 |
| landowner, tenant, bona fide equity
shareholder,
bona fide | 21 |
| equity member, or bona fide equity partner. Nonresidents
of
| 22 |
| Illinois who own at least 40 acres of land and wish to hunt on | 23 |
| their land only
shall be charged a fee set by administrative | 24 |
| rule. The method for
obtaining these permits shall be | 25 |
| prescribed by administrative rule.
| 26 |
| The deer hunting permit issued without fee shall be valid |
|
|
|
09600SB1846ham002 |
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LRB096 10971 HLH 28014 a |
|
| 1 |
| on
all farm lands which the person to whom it is issued owns, | 2 |
| leases or rents,
except that in the case of a permit issued to | 3 |
| a bona fide equity
shareholder, bona fide equity member, or | 4 |
| bona fide equity partner, the
permit shall
be valid on all | 5 |
| lands owned by the corporation, limited liability
company, or | 6 |
| partnership in the county.
| 7 |
| The standards and specifications for use of guns and bow | 8 |
| and arrow for
deer hunting shall be established by | 9 |
| administrative rule.
| 10 |
| No person may have in his possession any firearm not | 11 |
| authorized by
administrative rule for a specific hunting season | 12 |
| when taking deer.
| 13 |
| Persons having a firearm deer hunting permit shall be | 14 |
| permitted to
take deer only during the period from 1/2 hour | 15 |
| before sunrise to
1/2 hour after sunset, and only during those | 16 |
| days for which an open season is
established for the taking of | 17 |
| deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 18 |
| Persons having an archery deer hunting permit shall be | 19 |
| permitted to
take deer only during the period from 1/2 hour | 20 |
| before sunrise to 1/2 hour
after sunset, and only during those | 21 |
| days for which an open season is
established for the taking of | 22 |
| deer by use of bow and arrow.
| 23 |
| It shall be unlawful for any person to take deer by use of | 24 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 25 |
| the use of salt
or bait of any kind. An area is considered as | 26 |
| baited during the presence
of and for 10 consecutive days |
|
|
|
09600SB1846ham002 |
- 41 - |
LRB096 10971 HLH 28014 a |
|
| 1 |
| following the removal of bait. Nothing in this Section shall | 2 |
| prohibit the use of a dog to track wounded deer. Any person | 3 |
| using a dog for tracking wounded deer must maintain physical | 4 |
| control of the dog at all times by means of a maximum 50 foot | 5 |
| lead attached to the dog's collar or harness. Tracking wounded | 6 |
| deer is permissible at night, but at no time outside of legal | 7 |
| deer hunting hours or seasons shall any person handling or | 8 |
| accompanying a dog being used for tracking wounded deer be in | 9 |
| possession of any firearm or archery device. Persons tracking | 10 |
| wounded deer with a dog during the firearm deer seasons shall | 11 |
| wear blaze orange as required. Dog handlers tracking wounded | 12 |
| deer with a dog are exempt from hunting license and deer permit | 13 |
| requirements so long as they are accompanied by the licensed | 14 |
| deer hunter who wounded the deer.
| 15 |
| It shall be unlawful to possess or transport any wild deer | 16 |
| which has
been injured or killed in any manner upon a public | 17 |
| highway or public
right-of-way of this State unless exempted by | 18 |
| administrative rule.
| 19 |
| Persons hunting deer must have gun unloaded and no bow and | 20 |
| arrow
device shall be carried with the arrow in the nocked | 21 |
| position during
hours when deer hunting is unlawful.
| 22 |
| It shall be unlawful for any person, having taken the legal | 23 |
| limit of
deer by gun, to further participate with gun in any | 24 |
| deer hunting party.
| 25 |
| It shall be unlawful for any person, having taken the legal | 26 |
| limit
of deer by bow and arrow, to further participate with bow |
|
|
|
09600SB1846ham002 |
- 42 - |
LRB096 10971 HLH 28014 a |
|
| 1 |
| and arrow in any
deer hunting party.
| 2 |
| The Department may prohibit upland game hunting during the | 3 |
| gun deer
season by administrative rule.
| 4 |
| The Department shall not limit the number of non-resident | 5 |
| either sex archery deer hunting permits to less than 20,000.
| 6 |
| It shall be legal for handicapped persons, as defined in | 7 |
| Section 2.33, and persons age 62 or older to
utilize a crossbow | 8 |
| device, as defined in Department rules, to take deer.
| 9 |
| Any person who violates any of the provisions of this | 10 |
| Section,
including administrative rules, shall be guilty of a | 11 |
| Class B misdemeanor.
| 12 |
| (Source: P.A. 94-10, eff. 6-7-05; 95-289, eff. 8-20-07; 95-329, | 13 |
| eff. 8-21-07; 95-876, eff. 8-21-08.)
| 14 |
| (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
| 15 |
| Sec. 3.2. Hunting license; application; instruction. | 16 |
| Before the
Department or any county, city, village, township, | 17 |
| incorporated town clerk
or his duly designated agent or any | 18 |
| other person authorized or designated
by the Department to | 19 |
| issue hunting licenses shall issue a hunting license
to any | 20 |
| person, the person shall file his application with the | 21 |
| Department or
other party authorized to issue licenses on a | 22 |
| form provided by the
Department and further give definite proof | 23 |
| of identity and place of legal
residence. Each clerk | 24 |
| designating agents to issue licenses and stamps
shall furnish | 25 |
| the Department, within 10 days following the appointment, the
|
|
|
|
09600SB1846ham002 |
- 43 - |
LRB096 10971 HLH 28014 a |
|
| 1 |
| names and mailing addresses of the agents. Each clerk or his | 2 |
| duly
designated agent shall be authorized to sell licenses and | 3 |
| stamps only
within the territorial area for which he was | 4 |
| elected or appointed. No duly
designated agent is authorized to | 5 |
| furnish licenses or stamps for
issuance by any other business | 6 |
| establishment. Each
application shall be executed and sworn to | 7 |
| and shall set forth the name
and description of the applicant | 8 |
| and place of residence.
| 9 |
| No hunting license shall be issued to any person born on or | 10 |
| after January
1,
1980
unless he presents the person authorized | 11 |
| to issue the license
evidence that he has held a hunting | 12 |
| license issued by the State of Illinois
or another state in a | 13 |
| prior year, or a certificate of competency as
provided in this | 14 |
| Section. Persons under 16 years of age may be issued a
Lifetime | 15 |
| Hunting or Sportsmen's Combination License as provided under | 16 |
| Section
20-45 of the Fish and Aquatic Life Code but shall not | 17 |
| be entitled to hunt
unless they have a certificate of | 18 |
| competency as provided in this Section and
they shall have the | 19 |
| certificate in their possession while hunting.
| 20 |
| The Department of Natural Resources shall authorize
| 21 |
| personnel of the
Department or certified volunteer instructors | 22 |
| to conduct courses, of not
less than 10 hours in length, in | 23 |
| firearms and hunter safety, which may include
training in bow | 24 |
| and arrow safety, at regularly specified intervals throughout
| 25 |
| the State. Persons successfully completing the course shall | 26 |
| receive a
certificate of competency. The Department of Natural |
|
|
|
09600SB1846ham002 |
- 44 - |
LRB096 10971 HLH 28014 a |
|
| 1 |
| Resources may further
cooperate with any reputable association | 2 |
| or organization in establishing
courses if the organization has | 3 |
| as one of its objectives the promotion of
safety in the | 4 |
| handling of firearms or bow and arrow.
| 5 |
| The Department of Natural Resources shall designate any
| 6 |
| person found by it
to be competent to give instruction in the | 7 |
| handling of firearms, hunter
safety, and bow and arrow. The | 8 |
| persons so appointed shall give the
course of instruction and | 9 |
| upon the successful completion shall
issue to the person | 10 |
| instructed a certificate of competency in the safe
handling of | 11 |
| firearms, hunter safety, and bow and arrow. No charge shall
be | 12 |
| made for any course of instruction except for materials or | 13 |
| ammunition
consumed. The Department of Natural Resources shall
| 14 |
| furnish information on
the requirements of hunter safety | 15 |
| education programs to be distributed
free of charge to | 16 |
| applicants for hunting licenses by the persons
appointed and | 17 |
| authorized to issue licenses. Funds for the conducting of
| 18 |
| firearms and hunter safety courses shall be taken from the fee | 19 |
| charged
for the Firearm Owners Identification Card.
| 20 |
| The fee for a hunting license to hunt all species for a | 21 |
| resident of
Illinois is $12 $7 . For residents age 65 or older, | 22 |
| the fee is one-half of the
fee charged for a hunting license to | 23 |
| hunt all species for a resident of
Illinois. Nonresidents shall | 24 |
| be charged $57 $50 for a hunting license.
| 25 |
| Nonresidents may be issued a nonresident hunting license | 26 |
| for a
period not to exceed 10 consecutive days' hunting in the |
|
|
|
09600SB1846ham002 |
- 45 - |
LRB096 10971 HLH 28014 a |
|
| 1 |
| State and shall
be charged a fee of $35 $28 .
| 2 |
| A special nonresident hunting license authorizing a | 3 |
| nonresident to
take game birds by hunting on a game breeding | 4 |
| and hunting preserve
area only, established under Section 3.27, | 5 |
| shall be issued upon proper
application being made and payment | 6 |
| of a fee equal to that for a resident
hunting license. The | 7 |
| expiration date of this license shall be on the same
date each | 8 |
| year that game breeding and hunting preserve
area licenses | 9 |
| expire.
| 10 |
| Each applicant for a State Migratory Waterfowl Stamp, | 11 |
| regardless of
his residence or other condition, shall pay a fee | 12 |
| of $15 $10 and
shall receive a stamp. Except as provided under
| 13 |
| Section 20-45 of the Fish and Aquatic Life Code,
the stamp | 14 |
| shall be signed by the person or affixed to his license
or | 15 |
| permit in a space designated by the Department for that | 16 |
| purpose.
| 17 |
| Each applicant for a State Habitat Stamp, regardless of his | 18 |
| residence
or other condition, shall pay a fee of $5 and shall | 19 |
| receive a
stamp. Except as provided under Section 20-45 of the | 20 |
| Fish and Aquatic Life
Code, the stamp shall be signed by the | 21 |
| person or affixed to his license or
permit in a space | 22 |
| designated by the Department for that purpose.
| 23 |
| Nothing in this Section shall be construed as to require | 24 |
| the purchase
of more than one State Habitat Stamp by any person | 25 |
| in any one license year.
| 26 |
| The Department shall furnish the holders of hunting |
|
|
|
09600SB1846ham002 |
- 46 - |
LRB096 10971 HLH 28014 a |
|
| 1 |
| licenses and stamps
with an insignia as evidence of possession | 2 |
| of license, or license and
stamp, as the Department may | 3 |
| consider advisable. The insignia shall be
exhibited and used as | 4 |
| the Department may order.
| 5 |
| All other hunting licenses and all State stamps shall | 6 |
| expire upon
March 31 of each year.
| 7 |
| Every person holding any license, permit, or stamp issued | 8 |
| under the
provisions of this Act shall have it in his | 9 |
| possession for immediate
presentation for inspection to the | 10 |
| officers and authorized employees of
the Department, any | 11 |
| sheriff, deputy sheriff, or any other peace officer making
a | 12 |
| demand for it. This provision shall not apply to Department | 13 |
| owned or
managed sites where it is required that all hunters | 14 |
| deposit their license,
permit, or Firearm Owner's | 15 |
| Identification Card at the check station upon
entering the | 16 |
| hunting areas.
| 17 |
| (Source: P.A. 93-554, eff. 8-20-03.)
| 18 |
| (520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
| 19 |
| Sec. 3.39.
Residents of the State of Illinois may obtain a | 20 |
| Sportsmen's
Combination License which shall entitle the holder | 21 |
| to the same
non-commercial fishing privileges as residents | 22 |
| holding a fishing license
described in subparagraph (a) of | 23 |
| Section 20-45 of the Fish and Aquatic Life
Code, and to the | 24 |
| same hunting privileges as residents holding a license to
hunt | 25 |
| all species, as described in Section 3.1 of this Act. However, |
|
|
|
09600SB1846ham002 |
- 47 - |
LRB096 10971 HLH 28014 a |
|
| 1 |
| no
Sportsmen's Combination License shall be issued to any | 2 |
| person who would be
ineligible for either the fishing or | 3 |
| hunting license separately. The
Sportsmen's Combination | 4 |
| License fee shall be $25.50 $18.50 .
For residents age 65 or | 5 |
| older, the fee is one-half of the fee charged for a
Sportsmen's | 6 |
| Combination License.
| 7 |
| (Source: P.A. 90-743, eff. 1-1-99.)
| 8 |
| Section 10-25. The Rivers, Lakes, and Streams Act is | 9 |
| amended by adding Section 29.5 as follows: | 10 |
| (615 ILCS 5/29.5 new) | 11 |
| Sec. 29.5. Permit fees. The Department of Natural Resources | 12 |
| may collect a fee of up to $5,000 per application for permit | 13 |
| issued pursuant to this Act. The Department of Natural | 14 |
| Resources shall set the specific fee applicable to different | 15 |
| permits issued pursuant to this Act by administrative rule, | 16 |
| provided that no such fee exceeds $5,000. All fees collected | 17 |
| pursuant to this Section shall be deposited in the State | 18 |
| Boating Act Fund for use by the Department of Natural Resources | 19 |
| for the ordinary and contingent expenses of the Department. No | 20 |
| permit application shall be processed until the applicable fee | 21 |
| is paid to the Department of Natural Resources. | 22 |
| Section 10-30. The Level of Lake Michigan Act is amended by | 23 |
| changing Section 13 as follows:
|
|
|
|
09600SB1846ham002 |
- 48 - |
LRB096 10971 HLH 28014 a |
|
| 1 |
| (615 ILCS 50/13) (from Ch. 19, par. 120.11)
| 2 |
| Sec. 13.
| 3 |
| The Department is directed to request funds and to charge | 4 |
| an annual Lake Michigan Water Allocation Fee to all holders of | 5 |
| an allocation permit pursuant to this Act for continuing
| 6 |
| implementation of this Act during the 2010 1971 fiscal year and | 7 |
| for each fiscal
year thereafter as a part of the ordinary and | 8 |
| contingent expense of the
Department. The Lake Michigan Water | 9 |
| Allocation Fee shall be determined at an annual rate of $3,000 | 10 |
| for each holder of a Lake Michigan Water Allocation per year. | 11 |
| The Lake Michigan Water Allocation Fee shall be due to the | 12 |
| Department on December 31 of each year starting in 2009. | 13 |
| Non-payment of the Lake Michigan Water Allocation Fee shall | 14 |
| result in the withdrawal of the applicable allocation permit | 15 |
| after giving due and reasonable notice to persons affected and | 16 |
| after a hearing in relation thereto. All fees collected | 17 |
| pursuant to this Section shall be deposited in the State | 18 |
| Boating Act Fund for use by the Department for the ordinary and | 19 |
| contingent expenses of the Department.
| 20 |
| (Source: P.A. 77-163.)
| 21 |
| Section 10-35. The Fox Waterway Agency Act is amended by | 22 |
| adding Section 7.13 as follows: | 23 |
| (615 ILCS 90/7.13 new) |
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| Sec. 7.13. McHenry County Dam Fees. The Agency shall | 2 |
| collect McHenry County Dam Fees on behalf of the Department of | 3 |
| Natural Resources pursuant to the user fee system in Section | 4 |
| 7.2. Such McHenry County Dam Fees shall be established by the | 5 |
| Department of Natural Resources pursuant to administrative | 6 |
| rule. The Agency shall transfer collected McHenry County Dam | 7 |
| Fees to the Department of Natural Resources on a monthly basis. | 8 |
| McHenry County Dam Fees collected by the Agency pursuant to | 9 |
| this Section shall not be considered as part of the gross | 10 |
| income from fees collected under Section 7.2. | 11 |
| Section 10-40. The McHenry County Dam Act is amended by | 12 |
| changing Section 4 as follows:
| 13 |
| (615 ILCS 100/4) (from Ch. 19, par. 1354)
| 14 |
| Sec. 4. The Department of Natural Resources shall have | 15 |
| authority:
| 16 |
| (1) To prescribe reasonable rules and regulations in | 17 |
| respect to all matters
connected with the navigation and use of | 18 |
| the said dam, lock and fishway,
and transportation on or | 19 |
| through said lock. Whoever shall
wilfully or negligently refuse | 20 |
| or neglect to comply with such rules may be
fined in any sum | 21 |
| not exceeding fifty dollars ($50) for each offense,
to be | 22 |
| recovered in the name of the People of the State of Illinois, | 23 |
| before
any justice of the peace in the county, and paid over to | 24 |
| the Department for
credit to a fund for the operation and |
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| maintenance of said lock and dam at
McHenry. The Department of | 2 |
| Natural Resources may prohibit all persons who
wilfully refuse | 3 |
| or neglect to comply with such rules from using said dam and
| 4 |
| lock. Printed copies of such rules and of this article shall be | 5 |
| posted for
public inspection at the lock. The power granted in | 6 |
| this
article shall apply as well to that part of the Fox River | 7 |
| above and
below the dam and lock within one thousand feet | 8 |
| thereof.
| 9 |
| (2) To do all work in the Fox River north of said dam and | 10 |
| lock necessary
to remove obstructions and maintain a navigable | 11 |
| depth which otherwise would
necessitate a further raising of | 12 |
| the dam in order to comply with Section 2,
paragraph 2, of this | 13 |
| Act.
| 14 |
| (3) To establish , pursuant to administrative rule, and | 15 |
| collect reasonable McHenry County Dam Fees rates of toll for | 16 |
| the passage
and use of the said lock and the river and lakes | 17 |
| north of said lock, but
such lock, river and lakes shall be | 18 |
| free for the transportation of any
property of the United | 19 |
| States or persons in the service thereof passing
through the | 20 |
| same. McHenry County Dam Fees shall be collected on behalf of | 21 |
| the Department by the Fox Waterway Agency pursuant to the user | 22 |
| fee system set forth in the Fox Waterway Agency Act. McHenry | 23 |
| County Dam Fees received by the Department from the Fox | 24 |
| Waterway Agency shall be deposited in the State Boating Act | 25 |
| Fund for use by the Department for the ordinary and contingent | 26 |
| expenses of the Department.
|
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| (Source: P.A. 89-445, eff. 2-7-96.)
| 2 |
| Section 10-45. The Boat Registration and Safety Act is | 3 |
| amended by changing Section 10-1 as follows:
| 4 |
| (625 ILCS 45/10-1) (from Ch. 95 1/2, par. 320-1)
| 5 |
| Sec. 10-1. Special fund. All revenue received under the | 6 |
| provisions of this
Act ; the Rivers, Lakes, and Streams Act; the | 7 |
| Level of Lake Michigan Act; and the McHenry County Dam Act , | 8 |
| including registration fees, fines, or other income of any kind | 9 |
| or nature,
shall be deposited in the State Treasury and shall | 10 |
| be set apart in a special
fund to be known as the State Boating | 11 |
| Act Fund, except that revenue from fines
resulting from | 12 |
| citations written by a county sheriff or his deputy shall be
| 13 |
| deposited in a county fund in the county where the citation was | 14 |
| written.
Appropriations from the State Boating Act Fund, | 15 |
| excepting those revenues
received as a result of the Snowmobile | 16 |
| Registration and Safety Act, shall be
made to the Department, | 17 |
| and shall be used for the ordinary and contingent expenses of | 18 |
| the Department in
administering the registration, boat safety, | 19 |
| boat safety education, and
enforcement provisions of this Act | 20 |
| or for any purpose related or incident
thereto and connected | 21 |
| therewith, including the construction and improvement of
| 22 |
| boating facilities, such as access areas, launching sites, | 23 |
| harbor facilities,
lakes, and marinas, including plans and | 24 |
| specifications, engineering surveys,
and supervision and land |
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| acquisition where necessary. In addition to the
foregoing, | 2 |
| appropriations from the State Boating Act Fund, other than | 3 |
| revenues
received as a result of the Snowmobile Registration | 4 |
| and Safety Act, may be made
to the Department of Natural | 5 |
| Resources to pay
operational expenses for recreational boating | 6 |
| facilities at McHenry Lock and
Dam in McHenry County and | 7 |
| Sinnissippi Dam in Whiteside County .
| 8 |
| (Source: P.A. 89-445, eff. 2-7-96.)
| 9 |
| Section 10-50. The Recreational Use of Land and Water Areas | 10 |
| Act is amended by changing Section 2 as follows:
| 11 |
| (745 ILCS 65/2) (from Ch. 70, par. 32)
| 12 |
| Sec. 2. As used in this Act, unless the context otherwise | 13 |
| requires:
| 14 |
| (a) "Land" includes roads, water, watercourses, private | 15 |
| ways and
buildings, structures, and machinery or equipment when | 16 |
| attached to the
realty, but does not include residential | 17 |
| buildings or residential property.
| 18 |
| (b) "Owner" includes the possessor of any interest in land, | 19 |
| whether it be a
tenant, lessee, occupant, the State of Illinois | 20 |
| and its political
subdivisions, or person in control of the | 21 |
| premises.
| 22 |
| (c) "Recreational or conservation purpose" means entry | 23 |
| onto the land of another to conduct hunting or recreational | 24 |
| shooting or a combination thereof or any activity solely |
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| related to the aforesaid hunting or recreational shooting.
| 2 |
| (d) "Charge" means an admission fee for permission to go | 3 |
| upon the
land, but does not include: any fees charged by the | 4 |
| Illinois Department of Natural Resources; the sharing of game, | 5 |
| fish or other products of
recreational use; or benefits to or | 6 |
| arising from the recreational use; or
contributions in kind, | 7 |
| services or cash made for the purpose of properly
conserving | 8 |
| the land.
| 9 |
| (e) "Person" includes any person, regardless of age, | 10 |
| maturity, or
experience, who enters upon or uses land for | 11 |
| recreational purposes.
| 12 |
| (Source: P.A. 94-625, eff. 8-18-05.)
| 13 |
| ARTICLE 99. EFFECTIVE DATE
| 14 |
| Section 99-99. Effective date. This Act takes effect July | 15 |
| 1, 2009, except that Sections 10-15 and 10-20 take effect on | 16 |
| January 1, 2010.".
|
|