Full Text of HB4193 97th General Assembly
HB4193ham001 97TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 5/21/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4193
| 2 | | AMENDMENT NO. ______. Amend House Bill 4193 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "ARTICLE 10. | 5 | | Section 10-1. Short title. This Article may be cited as the | 6 | | Off-highway Vehicle Registration Law, and references in this | 7 | | Article to "this Law" mean this Article. | 8 | | Section 10-5. Definitions. As used in this Law: | 9 | | "Dealer" means any person who engages in the business of | 10 | | manufacturing, selling, or dealing in, on consignment or | 11 | | otherwise, any number of new off-highway vehicles, or 5 or more | 12 | | used off-highway vehicles of any make during the year, | 13 | | including any watercraft or snowmobile dealer or a person | 14 | | licensed as a new or used vehicle dealer who also sells or | 15 | | deals in, on consignment or otherwise, any number of |
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| 1 | | off-highway vehicles as defined in this Law. | 2 | | "Department" means the Department of Natural Resources. | 3 | | "Off-highway vehicle" means a motor-driven recreational | 4 | | vehicle capable of cross-country travel on natural terrain | 5 | | without benefit of a road or trail, including an all-terrain | 6 | | vehicle and off-highway motorcycle as defined in the Illinois | 7 | | Vehicle Code. "Off-highway vehicle" does not include a | 8 | | snowmobile; a motorcycle; a watercraft; snow-grooming | 9 | | equipment when used for its intended purpose; or an aircraft.
| 10 | | Section 10-10. Operation of unregistered off-highway | 11 | | vehicles. Except as provided in this Law, a person may not | 12 | | operate any off-highway vehicle on or after June 30, 2013 | 13 | | unless the off-highway vehicle has been issued a registration | 14 | | under this Law and the registration is in effect at the time | 15 | | the off-highway vehicle is operated. | 16 | | Section 10-15. Identification number application. The | 17 | | owner of each off-highway vehicle shall apply for registration | 18 | | in a form prescribed by the Department. The application shall | 19 | | be signed by the owner of the off-highway vehicle and shall be | 20 | | accompanied by a fee of $45. When an off-highway vehicle dealer | 21 | | sells an off-highway vehicle, the dealer shall at the time of | 22 | | sale require the buyer to complete an application for the | 23 | | registration certificate, collect the required fee, and mail | 24 | | the application and fee to the Department no later than 15 days |
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| 1 | | after the date of sale. Combination application-receipt forms | 2 | | shall be provided by the Department and the dealer shall | 3 | | furnish the buyer with the completed receipt showing that | 4 | | application for registration has been made. This completed | 5 | | receipt shall be in the possession of the user of the | 6 | | off-highway vehicle until the registration certificate is | 7 | | received. No off-highway vehicle dealer may charge an | 8 | | additional fee to the buyer for performing this service | 9 | | required under this subsection. However, no purchaser exempted | 10 | | under Section 45 of this Law shall be charged any fee or be | 11 | | subject to the other requirements of this Section. The | 12 | | application form shall so state in clear language the | 13 | | requirements of this Section and the penalty for violation near | 14 | | the place on the application form provided for indicating the | 15 | | intention to register in another jurisdiction. Each dealer | 16 | | shall maintain, for one year, a record in a form prescribed by | 17 | | the Department for each off-highway vehicle sold. These records | 18 | | shall be open to inspection by the Department. Upon receipt of | 19 | | the application in approved form, the Department shall enter | 20 | | the application into the records of its office and issue to the | 21 | | applicant a certificate of registration stating the number | 22 | | awarded to the off-highway vehicle and the name and address of | 23 | | the owner. | 24 | | Section 10-20. Identification number display. The | 25 | | Department shall issue to the off-highway vehicle owner 2 |
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| 1 | | registration expiration decals with the number awarded to that | 2 | | off-highway vehicle imprinted upon the decals. The owner shall | 3 | | prominently display these decals on each side of the forward | 4 | | half of the off-highway vehicle. | 5 | | Section 10-25. Destruction, sale, transfer, or | 6 | | abandonment. The owner of any off-highway vehicle shall within | 7 | | 15 days notify the Department if the off-highway vehicle is | 8 | | destroyed or abandoned, or is sold or transferred either wholly | 9 | | or in part to another person or persons. The notice shall be | 10 | | accompanied by a surrender of the certificate of registration. | 11 | | When the surrender of the certificate is by reason of the | 12 | | off-highway vehicle being destroyed or abandoned, the | 13 | | Department shall cancel the certificate and note the | 14 | | destruction or abandonment in its records. The Department shall | 15 | | be notified in writing of any change of address. If the owner | 16 | | desires a new certificate of registration showing the new | 17 | | address, the owner shall surrender his or her old certificate | 18 | | and notify the Department of the new address, remitting $5 to | 19 | | cover the issuance of a new certificate of registration. If the | 20 | | surrender is by reason of a sale or transfer either wholly or | 21 | | in part to another person or persons, the owner surrendering | 22 | | the certificate shall state to the Department, under oath, the | 23 | | name of the purchaser or transferee. | 24 | | Section 10-30. Transfer of identification number. The |
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| 1 | | purchaser of an off-highway vehicle shall, within 15 days after | 2 | | acquiring the off-highway vehicle, make application to the | 3 | | Department for the transfer to the purchaser of the | 4 | | registration issued to the off-highway vehicle. The purchaser | 5 | | shall provide the Department with the identification number of | 6 | | the off-highway vehicle and the purchaser's name and address. | 7 | | The purchaser shall apply for a transfer-renewal for a fee of | 8 | | $45 for approximately 3 years. All transfers will bear June 30 | 9 | | expiration dates in the calendar year of expiration. Upon | 10 | | receipt of the application and fee, the Department shall | 11 | | transfer the registration issued to the off-highway vehicle to | 12 | | the new owner. If no application and fee required by this | 13 | | section is received by the Department within 30 days of the | 14 | | transfer of ownership of the off-highway vehicle, the | 15 | | off-highway vehicle shall be deemed to be without registration | 16 | | and it shall be unlawful for any person to operate the | 17 | | off-highway vehicle until the registration is issued. | 18 | | Section 10-35. Loss of certificate. Should a registration | 19 | | expiration decal become lost, destroyed, or mutilated beyond | 20 | | legibility, the owner of the off-highway vehicle shall make | 21 | | application to the Department for the replacement of the | 22 | | certificate or decal, giving the owner's name, address, the | 23 | | number of the off-highway vehicle, and a fee of $5. | 24 | | Section 10-40. Registration. |
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| 1 | | (a) Every registration awarded under this Law shall | 2 | | continue in full force and effect for approximately 3 years, | 3 | | unless sooner terminated or discontinued in accordance with | 4 | | this Law. All new registrations issued will bear March 31 | 5 | | expiration dates in the calendar year 3 years after the issuing | 6 | | date. The Department may, for purposes of implementing this | 7 | | Section, adopt rules for phasing in the issuance of new | 8 | | certificates and provide for one-year, 2-year, or 3-year | 9 | | expiration dates and pro-rated payments or charges for each | 10 | | registration. | 11 | | (b) All certificates shall be renewed for 3 years from the | 12 | | nearest March 31 for a fee of $45. All certificates will be | 13 | | considered invalid after April 15 of the year of expiration. | 14 | | The Department shall issue "registration expiration decals" | 15 | | with all new registrations, all registrations transferred and | 16 | | renewed, and all registrations renewed. The decals issued for | 17 | | each year shall be of a different and distinct color from the | 18 | | decals of each year currently displayed. The owner shall | 19 | | prominently display these decals on each side of the forward | 20 | | half of such off-highway vehicle. The Department shall fix a | 21 | | day and month of the year on which registrations due to expire | 22 | | shall lapse and no longer be of any force and effect unless | 23 | | renewed under this Law. | 24 | | (c) No number or registration expiration decal, except a | 25 | | sticker or number which may be required by a political | 26 | | subdivision, municipality, or state, other than the |
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| 1 | | registration expiration decal issued to an off-highway vehicle | 2 | | or granted reciprocity under this Law, shall be painted, | 3 | | attached, or otherwise displayed on either side of such | 4 | | off-highway vehicle. | 5 | | (d) A dealer engaged in the manufacture, sale, or leasing | 6 | | of off-highway vehicles required to be numbered under this Law, | 7 | | upon application to the Department upon forms prescribed by it, | 8 | | may obtain registrations for use in the testing or | 9 | | demonstrating of off-highway vehicles upon payment of $45 for | 10 | | each registration. Registrations issued under this Section may | 11 | | be used by the applicant in the testing or demonstrating of | 12 | | off-highway vehicles by temporary placement of the | 13 | | registration expiration decals assigned by the certificates on | 14 | | the off-highway vehicle tested or demonstrated. | 15 | | (e) The Department shall deposit $10 from each registration | 16 | | into the Conservation Police Operations Assistance Fund.
| 17 | | Section 10-45. Exception from registration. An | 18 | | off-highway vehicle is not required to be registered under this | 19 | | Law if it is: | 20 | | (1) owned and used by the United States, another state, or | 21 | | a political subdivision thereof, but such off-highway vehicles | 22 | | shall prominently display the name of the owner on the | 23 | | off-highway vehicle; | 24 | | (2) covered by a valid registration or license of another | 25 | | state, province, or country which is the domicile of the owner |
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| 1 | | of the off-highway vehicle and is not operated within this | 2 | | State on more than 30 consecutive days in any calendar year; | 3 | | (3) operated on lands where the owner permanently resides, | 4 | | except this exception does not apply to clubs, associations, or | 5 | | to off-highway vehicles being used by outfitters as defined in | 6 | | the Illinois Wildlife Code as part of their outfitting | 7 | | business; | 8 | | (4) used only on international or national competition | 9 | | circuits in events for which written permission has been | 10 | | obtained by the sponsoring or sanctioning body from the | 11 | | governmental unit having jurisdiction over the location of any | 12 | | event held in this State; or | 13 | | (5) being used for activities associated with farming or | 14 | | livestock production operations.
| 15 | | Section 10-50. Falsification. A person may not at any time | 16 | | loan, transfer, falsely alter, or change in any manner the | 17 | | certificate of registration issued under this Law or falsify | 18 | | any record required by this Law or counterfeit any form of | 19 | | license provided for by this Law. Any person found guilty of | 20 | | this Section shall be guilty of a Class A misdemeanor. | 21 | | Section 10-55. Penalties. Except as provided in Section 50 | 22 | | of this Law, any person who violates any of the provisions of | 23 | | this Law, including administrative rules, shall be guilty of a | 24 | | petty offense. |
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| 1 | | ARTICLE 90. | 2 | | Section 90-5. The Department of Natural Resources Act is | 3 | | amended by adding Section 20-15 as follows: | 4 | | (20 ILCS 801/20-15 new) | 5 | | Sec. 20-15. Entrance fee. The Department may set by | 6 | | administrative rule an entrance fee for visitors to the | 7 | | Illinois State Museum. The fee assessed by this Section shall | 8 | | be deposited into the Illinois State Museum Fund for the | 9 | | Department to use to support the Illinois State Museum. | 10 | | Section 90-10. The Department of Natural Resources | 11 | | (Conservation) Law of the
Civil Administrative Code of Illinois | 12 | | is amended by changing Sections 805-70, 805-335, 805-420, and | 13 | | 805-435 and by adding Sections 805-555 and 805-560 as follows:
| 14 | | (20 ILCS 805/805-70) (was 20 ILCS 805/63b2.9)
| 15 | | Sec. 805-70. Grants and contracts.
| 16 | | (a) The Department has the power to accept, receive, | 17 | | expend, and
administer, including by grant, agreement, or | 18 | | contract, those funds that are
made available to the Department | 19 | | from the federal government and other public
and private | 20 | | sources in the exercise of its statutory powers and duties.
| 21 | | (b) The Department may make grants to other State agencies,
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| 1 | | universities, not-for-profit organizations, and local | 2 | | governments, pursuant
to
an appropriation in the exercise of | 3 | | its statutory powers and duties.
| 4 | | (c) With the exception of Open Space Lands Acquisition and | 5 | | Development and Land and Water Conservation Fund grants, the | 6 | | Department may assess review and processing fees for grant | 7 | | program applications under the jurisdiction of the Department. | 8 | | The Department may, by rule, regulate the fees, methods, and | 9 | | programs to be charged. The income collected shall be deposited | 10 | | into the Park and Conservation Fund for the furtherance of the | 11 | | Department grant programs or for use by the Department for the | 12 | | ordinary and contingent expenses of the Department. | 13 | | Except as otherwise provided, all revenue collected from | 14 | | the application fee for the State Migratory Waterfowl Stamp | 15 | | Fund shall be deposited into the State Migratory Waterfowl | 16 | | Stamp Fund. | 17 | | Except as otherwise provided, all revenue collected from | 18 | | the application fee for the State Pheasant Fund shall be | 19 | | deposited into the State Pheasant Fund. | 20 | | Except as otherwise provided, all revenue collected from | 21 | | the application fee for the Illinois Habitat Fund shall be | 22 | | deposited into the Illinois Habitat Fund. | 23 | | Except as otherwise provided, all revenue collected from | 24 | | the application fee for the State Furbearer Fund shall be | 25 | | deposited into the State Furbearer Fund. | 26 | | (Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
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| 1 | | (20 ILCS 805/805-335)
| 2 | | Sec. 805-335. Fees. The Department has the power to
assess | 3 | | appropriate and reasonable fees for the
use of concession type | 4 | | facilities as well as other facilities and sites under
the | 5 | | jurisdiction of the Department , including, but not limited to, | 6 | | beaches, bike trails, equestrian trails, and other types of | 7 | | trails . The Department
may
regulate, by rule, the fees to be | 8 | | charged. The income collected shall be
deposited into the State | 9 | | Parks Fund or Wildlife and Fish Fund
depending on the | 10 | | classification of the State managed facility involved.
| 11 | | (Source P.A.: 90-655, eff. 7-30-98; 91-239, eff. 1-1-00.)
| 12 | | (20 ILCS 805/805-420) (was 20 ILCS 805/63a36)
| 13 | | Sec. 805-420. Appropriations from Park and Conservation | 14 | | Fund. The
Department has the power to expend monies | 15 | | appropriated to the
Department from the Park and Conservation | 16 | | Fund in the State
treasury for conservation and park purposes.
| 17 | | All revenue derived from fees paid for certificates of | 18 | | title, duplicate
certificates of title and corrected | 19 | | certificates of title and deposited in
the Park and | 20 | | Conservation Fund, as provided for in Section 2-119 of the
| 21 | | Illinois Vehicle Code, shall be expended solely by the | 22 | | Department pursuant to
an appropriation for acquisition,
| 23 | | development, and maintenance of bike paths, including grants | 24 | | for the
acquisition and development of bike paths and for the |
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| 1 | | operations of the Division of Fisheries within the Department .
| 2 | | Revenue derived from fees paid for the registration of | 3 | | motor vehicles of the first division and deposited in the Park | 4 | | and Conservation Fund, as provided for in Section 3-806 of the | 5 | | Illinois Vehicle Code, shall be expended by the Department for | 6 | | the following purposes: | 7 | | (A) Fifty percent of funds derived from the vehicle | 8 | | registration fee shall be used by the Department for normal | 9 | | operations. | 10 | | (B) Fifty percent of funds derived from the vehicle | 11 | | registration fee shall be used by the Department for | 12 | | construction and maintenance of State owned, leased, and | 13 | | managed sites. | 14 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 15 | | (20 ILCS 805/805-435) (was 20 ILCS 805/63b2.5)
| 16 | | Sec. 805-435. Office of Conservation Resource Marketing.
| 17 | | The Department shall maintain an Office of Conservation | 18 | | Resource Marketing.
The Office shall conduct a program for | 19 | | marketing and promoting the use of
conservation resources in | 20 | | Illinois with emphasis on recreation and tourism
facilities. | 21 | | The Office shall coordinate its tourism promotion
efforts with | 22 | | local community events and shall include a field staff
which | 23 | | shall work with the Department of Commerce and Economic | 24 | | Opportunity and
local officials to coordinate State and local | 25 | | activities for the
purpose of expanding tourism and local |
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| 1 | | economies. The Office shall
develop, review, and coordinate | 2 | | brochures and information pamphlets for
promoting the use of | 3 | | conservation resources. The Office may charge shipping fees on | 4 | | the distribution of all items from the Department's | 5 | | Clearinghouse. The Office shall
conduct marketing research to | 6 | | identify organizations and target populations
that can be | 7 | | encouraged to use Illinois recreation facilities for group
| 8 | | events and the many tourist sites.
| 9 | | The Director shall submit an annual report to the Governor | 10 | | and the General
Assembly summarizing the Office's activities | 11 | | and including its recommendations
for improving the | 12 | | Department's tourism promotion and marketing programs for
| 13 | | conservation resources.
| 14 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 15 | | (20 ILCS 805/805-555 new) | 16 | | Sec. 805-555. Consultation fees. | 17 | | (a) For the purposes of this Section, "agency" shall have | 18 | | the meaning assigned in Section 1-20 of the Illinois | 19 | | Administrative Procedure Act. | 20 | | (b) The Department shall assess a $500 fee for | 21 | | consultations conducted under subsection (b) of Section 11 of | 22 | | the Illinois Endangered Species Protection Act and Section 17 | 23 | | of the Illinois Natural Areas Preservation Act. The Department | 24 | | shall not assess any fee for consultations requested by a State | 25 | | agency or federal agency. Any fee assessed under this Section |
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| 1 | | shall be deposited into the Illinois Wildlife Preservation | 2 | | Fund. | 3 | | (c) The Department may adopt rules to implement this | 4 | | Section. | 5 | | (20 ILCS 805/805-560 new) | 6 | | Sec. 805-560. Entrance fees for site visitors from other | 7 | | states. | 8 | | (a) The General Assembly finds that a dedicated funding | 9 | | stream shall be established for the operation and maintenance | 10 | | of sites owned, managed, or leased by the Department to help | 11 | | ensure that these State treasures will be properly maintained | 12 | | and remain accessible to the public for generations to come. | 13 | | (b) The Department may charge an annual vehicle access fee | 14 | | for access by site visitors from other states to properties | 15 | | owned, managed, or leased by the Department. | 16 | | (c) The Department may charge a daily vehicle access fee to | 17 | | site visitors from other states who have not paid the current | 18 | | annual vehicle access fee. | 19 | | (d) The Department may establish a fine for site visitors | 20 | | from other states who enter a site in a vehicle without paying | 21 | | the annual vehicle access fee or daily vehicle access fee. | 22 | | (e) Revenue generated by the fees and fine assessed | 23 | | pursuant to this Section shall be deposited into the State | 24 | | Parks Fund or the Wildlife and Fish Fund, special funds in the | 25 | | State treasury. |
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| 1 | | (f) The Department shall adopt any and all rules necessary | 2 | | to implement this Section. | 3 | | Section 90-15. The Recreational Trails of Illinois Act is | 4 | | amended by changing Section 15 as follows:
| 5 | | (20 ILCS 862/15)
| 6 | | Sec. 15. Off-Highway Vehicle Trails Fund.
| 7 | | (a) The Off-Highway Vehicle Trails Fund is created as a | 8 | | special fund in the
State treasury.
Money from federal, State, | 9 | | and private sources may be
deposited into the Fund.
Fines | 10 | | assessed by the Department of Natural Resources for citations | 11 | | issued to
off-highway vehicle operators shall be deposited into | 12 | | the
Fund. All interest accrued on the Fund shall be deposited | 13 | | into the Fund.
| 14 | | (b) All money in the Fund shall be used, subject to | 15 | | appropriation, by the
Department for the following
purposes:
| 16 | | (1) Grants for construction of off-highway vehicle | 17 | | recreational trails on
county, municipal, other units of | 18 | | local government, or private lands where a
recreational | 19 | | need for
the construction is shown.
| 20 | | (2) Grants for maintenance and construction of | 21 | | off-highway vehicle
recreational
trails on federal
lands, | 22 | | where permitted by law.
| 23 | | (3) Grants for development of off-highway vehicle | 24 | | trail-side facilities in
accordance
with criteria
approved |
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| 1 | | by the National Recreational Trails Advisory Committee.
| 2 | | (4) Grants for acquisition of property from willing | 3 | | sellers for
off-highway vehicle
recreational
trails when | 4 | | the objective of a trail cannot be accomplished by other | 5 | | means.
| 6 | | (5) Grants for development of urban off-highway | 7 | | vehicle trail linkages
near homes and
workplaces.
| 8 | | (6) Grants for maintenance of existing off-highway | 9 | | vehicle recreational
trails,
including the
grooming and | 10 | | maintenance of trails across snow.
| 11 | | (7) Grants for restoration of areas damaged by usage of | 12 | | off-highway
vehicle
recreational trails and
back country | 13 | | terrain.
| 14 | | (8) Grants for provision of features that facilitate | 15 | | the access and use of
off-highway vehicle trails
by persons | 16 | | with disabilities.
| 17 | | (9) Grants for acquisition of easements for | 18 | | off-highway vehicle trails or
for trail
corridors.
| 19 | | (10) Grants for a rider education and safety program.
| 20 | | (11) Administration, enforcement, planning, and | 21 | | implementation of this Act
and
all Sections Section 11-1427 | 22 | | of the Illinois Vehicle Code which regulate the operation | 23 | | of off-highway vehicles as defined in this Act .
| 24 | | Of the money used from the Fund for the purposes set forth | 25 | | in this
subsection, at least 92% shall be allocated for | 26 | | motorized recreation and not more than 8% shall be used by the |
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| 1 | | Department for administration, enforcement, planning, and | 2 | | implementation of this Act or diverted from the Fund, | 3 | | notwithstanding any other law to the contrary adopted after the | 4 | | effective date of this amendatory Act of the 95th General | 5 | | Assembly. The
Department
shall establish, by rule, measures to | 6 | | verify that recipients of money from
the Fund comply with the | 7 | | specified conditions for the use of the money.
| 8 | | (c) The Department may not use the money from the Fund for | 9 | | the
following purposes:
| 10 | | (1) Condemnation of any kind of interest in property.
| 11 | | (2) Construction of any recreational trail on National | 12 | | Forest System
land for motorized uses unless those lands
| 13 | | have been allocated for uses other than wilderness by an | 14 | | approved
forest land and resource management plan or have | 15 | | been released to uses
other than wilderness by an Act of | 16 | | Congress, and
the construction is otherwise consistent | 17 | | with the management
direction in the approved land and | 18 | | resource management plan.
| 19 | | (3) Construction of motorized recreational trails on | 20 | | Department owned or
managed land.
| 21 | | (d) The Department shall establish a program to administer | 22 | | grants from the
Fund to units of local government, | 23 | | not-for-profit organizations, and
other groups to operate, | 24 | | maintain, and acquire land for off-highway vehicle
parks that | 25 | | are open and accessible to the public.
| 26 | | (Source: P.A. 95-670, eff. 10-11-07; 96-279, eff. 1-1-10.)
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| 1 | | Section 90-20. The State Finance Act is amended by changing | 2 | | Section 6z-36 and by adding Section 5.811 as follows: | 3 | | (30 ILCS 105/5.811 new) | 4 | | Sec. 5.811. The Illinois State Museum Fund.
| 5 | | (30 ILCS 105/6z-36)
| 6 | | Sec. 6z-36. Coal Mining Regulatory Fund; uses. All moneys | 7 | | collected as fees
and civil penalties under the Surface Coal | 8 | | Mining Land Conservation and
Reclamation Act , collected as fees | 9 | | under the Coal Mining Act, and collected as fees submitted to | 10 | | the Department of Natural
Resources' analytical laboratory | 11 | | shall be deposited
into the Coal Mining Regulatory Fund, a | 12 | | special fund in the State Treasury that
is hereby created. All | 13 | | earnings on moneys in the Fund shall be deposited into
the | 14 | | Fund. Moneys in the Fund shall be annually appropriated to the | 15 | | Department
of Natural Resources for the enforcement of coal
| 16 | | mining regulatory laws and rules adopted by the Department | 17 | | under those laws.
| 18 | | (Source: P.A. 88-599; 89-445, eff. 2-7-96.)
| 19 | | Section 90-25. The Illinois Non-Game Wildlife Protection | 20 | | Act is amended by changing Section 4 as follows:
| 21 | | (30 ILCS 155/4) (from Ch. 61, par. 404)
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| 1 | | Sec. 4. (a) There is created the Illinois Wildlife | 2 | | Preservation Fund, a
special fund in the State Treasury. The | 3 | | Department of Revenue shall determine
annually the total amount | 4 | | contributed to such fund pursuant to this Act and
shall notify | 5 | | the State Comptroller and the State Treasurer of such amount to | 6 | | be
transferred to the Illinois Wildlife Preservation Fund, and | 7 | | upon receipt of
such notification the State Comptroller shall | 8 | | transfer such amount.
| 9 | | (b) The Department of Natural Resources shall deposit
any | 10 | | donations including federal reimbursements received for the | 11 | | purposes in the
Illinois Wildlife Preservation Fund.
| 12 | | (c) The General Assembly may appropriate annually from the | 13 | | Illinois Wildlife
Preservation Fund such monies credited to | 14 | | such fund from the check-off
contribution system provided in | 15 | | this Act and from other funds received for the
purposes of this | 16 | | Act, to the Department of Natural Resources to be used for the
| 17 | | purposes of preserving, protecting,
perpetuating and enhancing | 18 | | non-game wildlife in this State. Beginning with fiscal year | 19 | | 2006, 5% of the Illinois Wildlife Preservation Fund must be | 20 | | committed to or expended on grants by the Department of Natural | 21 | | Resources for the maintenance of wildlife rehabilitation | 22 | | facilities that take care of threatened or endangered species. | 23 | | For purposes of calculating the 5%, the amount in the Fund is | 24 | | exclusive of any federal funds deposited in or credited to the | 25 | | Fund or any amount deposited in the Fund under subsection (b) | 26 | | of Section 805-555 of the Department of Natural Resources |
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| 1 | | (Conservation) Law . The Department shall establish criteria | 2 | | for the grants by rules adopted in accordance with the Illinois | 3 | | Administrative Procedure Act before January 1, 2006. However, | 4 | | no amount
appropriated from the Illinois Wildlife Preservation | 5 | | Fund may be used by the
Department of Natural Resources to | 6 | | exercise its power of
eminent domain.
| 7 | | (Source: P.A. 94-516, eff. 8-10-05.)
| 8 | | Section 90-30. The Property Tax Code is amended by changing | 9 | | the heading of Article 10 Div. 16 and Sections 10-400, 10-405, | 10 | | 10-415, and 10-430 and by adding Section 10-418 as follows: | 11 | | (35 ILCS 200/Art. 10 Div. 16 heading) | 12 | | DIVISION 16. CONSERVATION STEWARDSHIP PROGRAM LAW
| 13 | | (Source: P.A. 95-633, eff. 10-1-07.) | 14 | | (35 ILCS 200/10-400) | 15 | | Sec. 10-400. Short title; findings and policy. | 16 | | (a) This Division may be cited as the Conservation | 17 | | Stewardship Program Law.
| 18 | | (b) The General Assembly finds that it is in the best | 19 | | interest of this State to maintain, preserve, conserve, and | 20 | | manage unimproved land to assure the protection of these | 21 | | limited and unique environmental resources for the economic and | 22 | | social well-being of the State and its citizens. | 23 | | The General Assembly further finds that, to maximize |
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| 1 | | voluntary taxpayer participation in conservation programs, | 2 | | conservation should be recognized as a legitimate land use and | 3 | | taxpayers should have a full range of incentive programs from | 4 | | which to choose. | 5 | | Therefore, the General Assembly declares that it is in the | 6 | | public interest to prevent the forced conversion of unimproved | 7 | | land to more intensive uses as a result of economic pressures | 8 | | caused by the property tax system at values incompatible with | 9 | | their preservation and management as unimproved land, and that | 10 | | a program should be designed to permit the continued | 11 | | availability of this land for these purposes. | 12 | | The General Assembly further declares that the following | 13 | | provisions are intended to allow for the conservation, | 14 | | management, and assessment of unimproved land generally | 15 | | suitable for the perpetual growth and preservation of such land | 16 | | in this State.
| 17 | | (Source: P.A. 95-633, eff. 10-1-07.) | 18 | | (35 ILCS 200/10-405) | 19 | | Sec. 10-405. Definitions. As used in this Division: | 20 | | "Unimproved land" means woodlands, prairie, wetlands, or | 21 | | other vacant and undeveloped land that is not used for any | 22 | | residential or commercial purpose that materially disturbs the | 23 | | land. | 24 | | "Conservation management plan" means a plan approved by the | 25 | | Department of Natural Resources that specifies conservation |
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| 1 | | and management practices, including uses that will be conducted | 2 | | to preserve and restore unimproved land. | 3 | | "Managed land" means unimproved land of 5 contiguous acres | 4 | | or more that is subject to a conservation management plan.
| 5 | | "Contiguous" means not separated by anything other than | 6 | | rivers, streams, roads, or right-of-way easements. | 7 | | (Source: P.A. 95-633, eff. 10-1-07.) | 8 | | (35 ILCS 200/10-415) | 9 | | Sec. 10-415. Plan submission and review; approval. | 10 | | (a)
A taxpayer requesting special valuation of unimproved | 11 | | land under this Division must first submit a conservation | 12 | | management plan for that land to the Department of Natural | 13 | | Resources for review. The Department of Natural Resources shall | 14 | | review each submitted plan for compliance with the standards | 15 | | and criteria set forth in its rules. | 16 | | (b) Upon approval, the Department of Natural Resources | 17 | | shall issue to the taxpayer a written declaration that the land | 18 | | is subject to a conservation management plan approved by the | 19 | | Department of Natural Resources. | 20 | | (c) (Blank). The Department of Natural Resources shall | 21 | | reapprove the plan every 10 years and revise it when necessary | 22 | | or appropriate. | 23 | | (d) If a plan is not approved, then the Department of | 24 | | Natural Resources shall state the reasons for the denial and | 25 | | provide the taxpayer an opportunity to amend the plan to |
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| 1 | | conform to the requirements of this Division. If the | 2 | | application is denied a second time, the taxpayer may appeal | 3 | | the decision to an independent 3-member panel to be established | 4 | | within the Department of Natural Resources.
| 5 | | (e) (Blank). The submission of an application for a | 6 | | conservation management plan under this Section or of a | 7 | | forestry management plan under Section 10-150 shall be treated | 8 | | as compliance with the requirements of that plan until the | 9 | | Department of Natural Resources can review the application. The | 10 | | Department of Natural Resources shall certify, to the | 11 | | Department, these applications as being approved plans for the | 12 | | purpose of this Division.
| 13 | | (Source: P.A. 95-633, eff. 10-1-07.) | 14 | | (35 ILCS 200/10-418 new) | 15 | | Sec. 10-418. Application fee. In addition to the submission | 16 | | of an application for a conservation management plan, a | 17 | | taxpayer applicant must remit an application fee payment to the | 18 | | Department of Natural Resources according to the following | 19 | | schedule of fees for each application: | 20 | | (1) for managed lands of 5 contiguous acres or more but | 21 | | less than 39.5 acres a non-refundable base fee of $250 | 22 | | shall be assessed plus an additional non-refundable fee | 23 | | payment of $10 for each acre subject to a conservation | 24 | | management plan; or | 25 | | (2) for managed lands of 39.5 contiguous acres or more |
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| 1 | | a non-refundable base fee of $500 shall be assessed plus an | 2 | | additional non-refundable fee payment of $10 per acre for | 3 | | each acre subject to a conservation management plan. All | 4 | | fees collected under this Section shall be deposited into | 5 | | the Natural Areas Acquisition Fund. | 6 | | (35 ILCS 200/10-430) | 7 | | Sec. 10-430. Withdrawal from special valuation. | 8 | | (a) If any of the following events occur, then the | 9 | | Department of Natural Resources shall withdraw all or a portion | 10 | | of the land from special valuation: | 11 | | (1) the Department of Natural Resources determines, | 12 | | based on field inspections or from any other reasonable | 13 | | evidence, that the land no longer meets the criteria under | 14 | | this Division or that the applicant submitted a false or | 15 | | fraudulent application for a conservation management plan ; | 16 | | or | 17 | | (2) the failure of the taxpayer to respond to a request | 18 | | from the Department of Natural Resources or the chief | 19 | | county assessment officer of each county in which the | 20 | | property is located for data regarding the use of the land | 21 | | or other similar information pertinent to the continued | 22 | | special valuation of the land. | 23 | | (b) A determination by the Department of Natural Resources | 24 | | to withdraw land from the special valuation under this Act is | 25 | | effective on the following January 1 of the assessment year in |
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| 1 | | which the withdrawal occurred. | 2 | | (c) The Department of Natural Resources shall notify the | 3 | | chief county assessment officer and the Department in writing | 4 | | of any land withdrawn from special valuation. Upon withdrawal, | 5 | | additional taxes must be calculated as provided in Section | 6 | | 10-445.
| 7 | | (Source: P.A. 95-633, eff. 10-1-07.) | 8 | | Section 90-35. The Coal Mining Act is amended by changing | 9 | | Sections 3.02, 3.04, and 8.07 and by adding Sections 2.16 and | 10 | | 3.08 as follows: | 11 | | (225 ILCS 705/2.16 new) | 12 | | Sec. 2.16. Rules; Illinois Administrative Procedure Act. | 13 | | The Mining Board may adopt rules necessary for or incidental to | 14 | | the performance of duties or execution of powers conferred | 15 | | under this Act in accordance with provisions of the Illinois | 16 | | Administrative Procedure Act.
| 17 | | (225 ILCS 705/3.02) (from Ch. 96 1/2, par. 352)
| 18 | | Sec. 3.02.
The Mining Board shall make a record of the | 19 | | names and addresses
of all persons to whom certificates | 20 | | provided for in this Act Article 2 are issued , except those | 21 | | issued as provided in Article 8 of this Act .
| 22 | | (Source: Laws 1957, p. 1558.)
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| 1 | | (225 ILCS 705/3.04) (from Ch. 96 1/2, par. 354)
| 2 | | Sec. 3.04.
An applicant for any certificate provided for in | 3 | | this Act Article 2 ,
except those issued as provided in Article | 4 | | 8, before being examined, shall register his or her name with | 5 | | the Mining Board and
file with the Board the credentials | 6 | | required by this Act, to-wit: an
affidavit as to all matters of | 7 | | fact establishing his or her right to receive the
examination, | 8 | | and a certificate of good character and temperate habits
signed | 9 | | by at least 10 residents of the community in which he or she | 10 | | resides. Each applicant shall also submit a reasonable fee as | 11 | | prescribed by rule, with such fee being deposited into the Coal | 12 | | Mining Regulatory Fund.
| 13 | | (Source: Laws 1953, p. 701.)
| 14 | | (225 ILCS 705/3.08 new) | 15 | | Sec. 3.08. Fees for renewal. The Mining Board may establish | 16 | | by rule a fee for the renewal of certificates with such fee | 17 | | being deposited into the Coal Mining Regulatory Fund.
| 18 | | (225 ILCS 705/8.07) (from Ch. 96 1/2, par. 807)
| 19 | | Sec. 8.07.
Each applicant who satisfies the requirements | 20 | | set forth in this Article
shall receive his or her certificate | 21 | | of competency upon satisfactorily passing
the examination and | 22 | | submitting a fee as prescribed by rule. All fees collected | 23 | | shall be deposited into the Coal Mining Regulatory Fund ,
| 24 | | without the payment of fees, except that a fee of $2 shall be |
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| 1 | | paid to the
Department for additional copies of certificates .
| 2 | | (Source: P.A. 85-1333.)
| 3 | | Section 90-40. The Surface-Mined Land Conservation and | 4 | | Reclamation Act is amended by changing Sections 5 and 10 as | 5 | | follows:
| 6 | | (225 ILCS 715/5) (from Ch. 96 1/2, par. 4506)
| 7 | | Sec. 5. Application for permit; bond; fee; permit.
| 8 | | (a) Application for a permit shall be made upon a form | 9 | | furnished by the
Department, which form shall contain a | 10 | | description of the tract or tracts of
land and the
estimated | 11 | | number of acres thereof to be affected by surface mining by the
| 12 | | applicant to the tenth succeeding June 30, which description
| 13 | | shall include
the section, township, range, and county in which | 14 | | the land is located and
shall otherwise describe the land with | 15 | | sufficient certainty so that it may
be located and | 16 | | distinguished from other lands, and a statement that the
| 17 | | applicant has the right and power by legal estate owned to mine | 18 | | by surface
mining and to reclaim the land so described. Such | 19 | | application shall be
accompanied by: (i) a bond or security | 20 | | meeting the requirements
of Section 8 of this Act; and (ii) a | 21 | | fee of $200 $100 for every acre
and fraction of an acre of land | 22 | | to be permitted.
| 23 | | (b) An operator desiring to have a permit amended to cover
| 24 | | additional
land may file an amended application with the |
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| 1 | | Department with such additional
fee and bond or security as may | 2 | | be required under the provisions of this
Act. Such amendment | 3 | | shall comply with all requirements of this Act.
| 4 | | (c) An operator may withdraw any land covered by a permit, | 5 | | excepting
affected
land, by notifying the Department thereof, | 6 | | in which case the penalty of
the bond or security filed by such | 7 | | operator pursuant to the provisions of
this Act shall be | 8 | | reduced proportionately.
| 9 | | (d) (Blank).
| 10 | | (e) Every application, and every amendment to an | 11 | | application, submitted
under this Act shall contain the | 12 | | following, except that the Director may
waive the requirements | 13 | | of this subsection (e) for amendments if the affected
acreage | 14 | | is similar in nature to the acreage stated in the permit to be | 15 | | amended:
| 16 | | 1. a statement of the ownership of the land and of the | 17 | | minerals to be
mined;
| 18 | | 2. the minerals to be mined;
| 19 | | 3. the character and composition of the vegetation and | 20 | | wildlife on lands
to be affected;
| 21 | | 4. the current and past uses to which the lands to be | 22 | | affected have been
put;
| 23 | | 5. the current assessed valuation of the lands to be | 24 | | affected and the
assessed valuation shown by the two | 25 | | quadrennial assessments next preceding
the currently | 26 | | effective assessment;
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| 1 | | 6. the nature, depth and proposed disposition of the | 2 | | overburden;
| 3 | | 7. the estimated depth to which the mineral deposit | 4 | | will be mined;
| 5 | | 8. the location of existing roads, and anticipated | 6 | | access and haulage
roads planned to be used or constructed | 7 | | in conducting surface mining;
| 8 | | 9. the technique to be used in surface mining;
| 9 | | 10. the location and names of all streams, creeks, | 10 | | bodies of water and
underground water resources within | 11 | | lands to be affected;
| 12 | | 11. drainage on and away from the lands to be affected | 13 | | including
directional flow of water, natural and | 14 | | artificial drainways and waterways,
and streams or | 15 | | tributaries receiving the discharge;
| 16 | | 12. the location of buildings and utility lines within | 17 | | lands to be
affected;
| 18 | | 13. the results of core drillings of consolidated | 19 | | materials in the
overburden
when required by the | 20 | | Department, provided that the Department may not require
| 21 | | core drillings at the applicant's expense in excess of one | 22 | | core drill for
every 25 acres of land to be affected;
| 23 | | 14. a conservation and reclamation plan and map | 24 | | acceptable to the
Department.
The operator shall designate | 25 | | which parts of the lands to be affected are
proposed to be | 26 | | reclaimed for forest, pasture, crop, horticultural,
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| 1 | | homesite,
recreational, industrial or other uses including | 2 | | food, shelter and ground
cover for wildlife and shall show | 3 | | the same by appropriate designation on
a reclamation map. | 4 | | The plan shall:
| 5 | | (i) provide for timely compliance with all | 6 | | operator duties set forth in
Section 6 of this Act by | 7 | | feasible and available means; and
| 8 | | (ii) provide for storage of all overburden and | 9 | | refuse.
| 10 | | Information respecting the minerals to be mined required by | 11 | | subparagraph (e)2
of this Section, respecting the estimated | 12 | | depth to which the mineral deposit
will be mined required by | 13 | | subparagraph (e)7 of this Section, and respecting the
results | 14 | | of core drillings required by subparagraph (e)13 of this | 15 | | Section shall
be held confidential by the Department upon | 16 | | written request of the applicant.
| 17 | | (f) All information required in subsection (e) of this | 18 | | Section, with the
exception of that information which is to be | 19 | | held in confidentiality by
the Department shall be made | 20 | | available by the operator for public inspection
at the county | 21 | | seat of each county containing land to be affected. The county
| 22 | | board of each county containing lands to be affected may | 23 | | propose the use
for which such lands within its county are to | 24 | | be reclaimed and such proposal
shall be considered by the | 25 | | Department, provided that any such proposal must
be consistent | 26 | | with all requirements of this Act.
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| 1 | | Such plan shall be deposited with the county board no less | 2 | | than 60 days
prior to any action on the plan by the Department. | 3 | | All actions by the county
board pursuant to this Section must | 4 | | be taken within 45 days of receiving the
plan.
| 5 | | If requested by a county board of a county to be affected | 6 | | under a proposed
permit, a public hearing to be conducted by | 7 | | the Department shall be held
in such county on the permit | 8 | | applicant's proposed reclamation plan. By
rules and | 9 | | regulations the Department shall establish hearing dates which
| 10 | | provide county boards reasonable time in which to have reviewed | 11 | | the proposed
plans and the procedural rules for the calling and | 12 | | conducting of the public
hearing. Such procedural rules shall | 13 | | include provisions for reasonable
notice to all parties, | 14 | | including the applicant, and reasonable opportunity
for all | 15 | | parties to respond by oral or written testimony, or both, to | 16 | | statements
and objections made at the public hearing. County | 17 | | boards and the public
shall present their recommendations at | 18 | | these hearings. A complete record
of the hearings and all | 19 | | testimony shall be made by the Department and recorded
| 20 | | stenographically.
| 21 | | (g) The Department shall approve a conservation and | 22 | | reclamation plan if the plan complies with this Act and | 23 | | completion of the plan
will in fact achieve every duty of the | 24 | | operator required by this Act. The
Department's approval of a | 25 | | plan shall be based upon the advice of technically
trained | 26 | | foresters, agronomists, economists, engineers, planners and |
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| 1 | | other
relevant experts having experience in reclaiming | 2 | | surface-mined lands, and
having scientific or technical | 3 | | knowledge based upon research into reclaiming
and utilizing | 4 | | surface-mined lands. The Department shall consider all | 5 | | testimony
presented at the public hearings as provided in | 6 | | subsection
(f) of this
Section. In cases where no public | 7 | | hearing is held on a proposed plan, the
Department shall | 8 | | consider written testimony from county boards when submitted
no | 9 | | later than 45 days following filing of the proposed plan with | 10 | | the county
board. The Department shall immediately serve copies | 11 | | of such written testimony
on the applicant and give the | 12 | | applicant a reasonable opportunity to respond
by written | 13 | | testimony. The Department shall consider the short and long
| 14 | | term impact of the proposed mining on vegetation, wildlife, | 15 | | fish, land use,
land values, local tax base, the economy of the | 16 | | region and the State,
employment
opportunities, air pollution, | 17 | | water pollution, soil contamination, noise
pollution and | 18 | | drainage. The Department may consider feasible
alternative
| 19 | | uses for which reclamation might prepare the land to be | 20 | | affected and may
analyze the relative costs and effects of such | 21 | | alternatives. Whenever the
Department does not approve the | 22 | | operator's plan, and whenever the plan approved
by the | 23 | | Department does not conform to the views of the county board | 24 | | expressed
in accordance with subsection (f) of this Section, | 25 | | the
Department shall
issue a statement of its reasons for its | 26 | | determination and shall make such
statement public. The |
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| 1 | | approved plan shall be filed by the applicant with
the clerk of | 2 | | each county containing lands to be affected and such plan shall
| 3 | | be available for public inspection at the office of the clerk | 4 | | until reclamation
is completed and the bond is released in | 5 | | accordance with the provisions of the
Act.
| 6 | | (h) Upon receipt of a bond or security, all fees due from | 7 | | the operator,
and approval of the conservation and reclamation | 8 | | plan by the Department,
the Department shall issue a permit to | 9 | | the applicant which shall entitle
him to engage thereafter in | 10 | | surface mining on the land therein described
until the tenth | 11 | | succeeding June 30, the period for which such
permits are
| 12 | | issued being hereafter referred to as the "permit period".
| 13 | | (i) The operator may transfer any existing permit to a | 14 | | second operator,
after first notifying the Department of the | 15 | | intent to transfer said permit.
The Department shall transfer | 16 | | any existing permit to a second party upon
written notification | 17 | | from both parties and the posting of an adequate
performance | 18 | | bond by the new permittee.
| 19 | | (Source: P.A. 91-357, eff. 7-29-99; 91-938, eff. 1-11-01.)
| 20 | | (225 ILCS 715/10) (from Ch. 96 1/2, par. 4511)
| 21 | | Sec. 10. Administration.
| 22 | | (a) In addition to the duties and powers of the Department | 23 | | prescribed by
the
Civil Administrative Code of Illinois, it | 24 | | shall have full power and
authority to carry out and administer | 25 | | the provisions of this Act.
These powers shall include, but are |
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| 1 | | not limited to, the imposition of the
following fees to enable | 2 | | the Department to carry out the requirements of this
Act:
| 3 | | (1) A registration fee of $475 $300 assessed on July 1 | 4 | | of each calendar year
that is due from each operator | 5 | | engaged in and controlling a permitted or
unpermitted | 6 | | surface mining operation. The registration fee shall be
| 7 | | accompanied by a registration form, provided by the | 8 | | Department, which shall
indicate the mailing address and | 9 | | telephone number of the operator, the location
of all | 10 | | mining operations controlled by the operator, the minerals | 11 | | being mined,
and other information deemed necessary by the | 12 | | Department.
A $475 $300 registration fee is the maximum | 13 | | registration fee due from a single
operator each calendar | 14 | | year regardless of the number of sites under the
operator's | 15 | | control.
| 16 | | (2) An additional fee of $175 $100 assessed on July 1 | 17 | | of each calendar year for
each site that was actively being | 18 | | surfaced mined during the preceding 12 months
that is due | 19 | | from the operator engaged in and controlling the permitted | 20 | | or
unpermitted surface mining operations.
| 21 | | (3) An additional fee of $375 $250 assessed on July 1 | 22 | | of each calendar year
that is due from each operator | 23 | | engaged in and controlling a permitted or
unpermitted | 24 | | surface mining operation where blasting operations | 25 | | occurred during
the preceding 12 months.
| 26 | | (b) Fees shall be assessed by the Department commencing |
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| 1 | | July 1, 1995 for
every surface mine operator, active mining | 2 | | site, and active aggregate blasting
operation of record as of | 3 | | that date and on July 1 of each year thereafter.
The fees | 4 | | assessed under this Section are in addition to any other fees | 5 | | required
by law.
| 6 | | (c) All fees assessed under this Section shall be submitted | 7 | | to the
Department no later than 30 days from the date listed on | 8 | | the Department's
annual fee assessment letter sent to the | 9 | | surface mine operator. If the
operator is delinquent in the | 10 | | payment of the fees assessed under this Section,
no further | 11 | | permits or certifications shall be issued to the operator until
| 12 | | the delinquent fees
have been paid. Moreover, if the operator | 13 | | is delinquent for more than 60 days
in the payment of fees | 14 | | assessed under this Section, the Department shall take
the | 15 | | action, in accordance with Section 13 of this Act, necessary to | 16 | | enjoin
further surface mining and aggregate blasting
| 17 | | operations until all delinquent fees are paid.
| 18 | | (Source: P.A. 89-26, eff. 6-23-95.)
| 19 | | Section 90-45. The Illinois Oil and Gas Act is amended by | 20 | | changing Sections 14, 19.7, 21.1, 22.2, and 23.3 as follows:
| 21 | | (225 ILCS 725/14) (from Ch. 96 1/2, par. 5420)
| 22 | | Sec. 14.
Each application for permit to drill, deepen, | 23 | | convert,
or amend shall be accompanied by the required fee, not | 24 | | to exceed $300 $100 , which
the Department shall establish by |
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| 1 | | rule. A fee of $50 $15 per well shall be paid by
the new owner | 2 | | for each transfer of well ownership , except when multiple
wells | 3 | | are acquired and transferred as a part of the same transaction, | 4 | | the
fee shall be calculated at the rate of $15 per well for the | 5 | | first 50 wells,
and $10 for each additional well in excess of | 6 | | 50 . Except for the
assessments required to be deposited in the | 7 | | Plugging and Restoration Fund
under Section 19.7 of this Act, | 8 | | all fees assessed and collected under this
Act shall be | 9 | | deposited in the Underground Resources Conservation | 10 | | Enforcement
Fund.
| 11 | | (Source: P.A. 89-243, eff. 8-4-95.)
| 12 | | (225 ILCS 725/19.7) (from Ch. 96 1/2, par. 5430.2)
| 13 | | Sec. 19.7.
The Department shall assess and collect annual | 14 | | well fees from each
permittee in the amount of $75 per well for | 15 | | which a permit is required under this Act. as follows:
| 16 | | (a) Permittees of permits for one well shall pay an annual | 17 | | fee of $150.
| 18 | | (b) Permittees of permits for 2 through 5 wells shall pay | 19 | | an annual fee
of $300.
| 20 | | (c) Permittees of permits for 6 through 25 wells shall pay | 21 | | an annual fee
of $750.
| 22 | | (d) Permittees of permits for 26 through 100 wells shall | 23 | | pay an annual
fee of $1,500.
| 24 | | (e) Permittees of permits for over 100 wells shall pay an | 25 | | annual fee of
$1,500 plus an additional $12.50 for each well in |
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| 1 | | excess of 100.
| 2 | | Fees shall be assessed for each calendar year commencing in | 3 | | 1991 for all
wells of record as of July 1, 1991 and July 1 of | 4 | | each year thereafter. The
fees assessed by the Department under | 5 | | this Section are in addition to any
other fees required by law. | 6 | | All fees assessed under this Section shall be
submitted to the | 7 | | Department no later than 30 days from the date listed on
the | 8 | | annual fee assessment letter sent to the permittee. Of the fees
| 9 | | assessed and collected by the Department each year under this | 10 | | Section, 50%
shall be deposited into the Underground Resources | 11 | | Conservation Enforcement
Fund, and 50% shall be deposited into | 12 | | the Plugging and Restoration Fund
unless, total fees assessed | 13 | | and collected for any calendar year exceed
$1,500,000; then, | 14 | | $750,000 shall be deposited into the Underground
Resources | 15 | | Conservation Enforcement Fund and the balance of the fees
| 16 | | assessed and collected shall be deposited into the Plugging and | 17 | | Restoration
Fund. Upon request of the Department to the | 18 | | Comptroller and Treasurer, the
Comptroller and Treasurer shall | 19 | | make any interfund transfers necessary to
effect the | 20 | | allocations required by this Section.
| 21 | | (Source: P.A. 87-744.)
| 22 | | (225 ILCS 725/21.1) (from Ch. 96 1/2, par. 5433)
| 23 | | Sec. 21.1.
(a) The Department is authorized to issue | 24 | | permits for the
drilling of wells and to regulate the spacing | 25 | | of wells for oil and gas
purposes. For the prevention of waste, |
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| 1 | | to protect and enforce the
correlative rights of owners in the | 2 | | pool, and to prevent the drilling of
unnecessary wells, the | 3 | | Department shall, upon application of any
interested person and | 4 | | after notice and hearing, establish a drilling unit
or units | 5 | | for the production of oil and gas or either of them for each | 6 | | pool,
provided that no spacing regulation shall be adopted nor | 7 | | drilling unit
established which requires the allocation of more | 8 | | than 40 acres of surface
area nor less than 10 acres of surface | 9 | | area to an individual well for
production of oil from a pool | 10 | | the top of which lies less than 4,000 feet
beneath the surface | 11 | | (as determined by the original or discovery well in the
pool), | 12 | | provided, however, that the Department may
permit the | 13 | | allocation
of greater acreage to an individual well than that | 14 | | above specified, and
provided further that the spacing of wells | 15 | | in any pool the top of which
lies less than 4,000 feet beneath | 16 | | the surface (as determined by the
original or discovery well in | 17 | | the pool) shall not include the fixing of a
pattern except with | 18 | | respect to the 2 nearest external boundary lines of
each | 19 | | drilling unit, and provided further that no acreage allocation | 20 | | shall
be required for input or injection wells nor for | 21 | | producing wells lying
within a secondary recovery unit as now | 22 | | or hereafter established.
| 23 | | (b) Drilling units shall be of approximately uniform size | 24 | | and shape for
each entire pool, except that where circumstances | 25 | | reasonably require, the
Department may grant exceptions to the | 26 | | size or shape
of any drilling unit
or units. Each order |
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| 1 | | establishing drilling units shall specify the size and
shape of | 2 | | the unit, which shall be such as will result in the efficient | 3 | | and
economical development of the pool as a whole, and subject | 4 | | to the
provisions of subsection (a) hereof the size of no | 5 | | drilling unit shall be
smaller than the maximum area that can | 6 | | be efficiently and economically
drained by one well. Each order | 7 | | establishing drilling units for a pool
shall cover all lands | 8 | | determined or believed to be underlaid by such pool,
and may be | 9 | | modified by the Department from time to time to include
| 10 | | additional lands determined to be underlaid by such pool. Each | 11 | | order
establishing drilling units may be modified by the | 12 | | Department to change
the size thereof, or to permit the | 13 | | drilling of additional wells.
| 14 | | (b-2) Any petition requesting a drilling unit exception | 15 | | shall be accompanied by a non-refundable application fee in the | 16 | | amount of $1,500 for a Modified Drilling unit or Special | 17 | | Drilling Unit or a non-refundable application fee in the amount | 18 | | of $2,500 for a Pool-Wide Drilling Unit. | 19 | | (c) Each order establishing drilling units shall prohibit | 20 | | the drilling
of more than one well on any drilling unit for the | 21 | | production of oil or gas
from the particular pool with respect | 22 | | to which the drilling unit is
established and subject to the | 23 | | provisions of subsection (a) hereof shall
specify the location | 24 | | for the drilling of such well thereon, in accordance
with a | 25 | | reasonably uniform spacing pattern, with necessary exceptions | 26 | | for
wells drilled or drilling at the time of the application. |
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| 1 | | If the Department
finds, after notice and hearing, that surface | 2 | | conditions would
substantially add to the burden or hazard of | 3 | | drilling such well at the
specified location, or for some other | 4 | | reason it would be inequitable or
unreasonable to require a | 5 | | well to be drilled at the specified location, the
Department | 6 | | may issue an order permitting the well to be drilled at a
| 7 | | location other than that specified in the order establishing | 8 | | drilling
units.
| 9 | | (d) After the date of the notice for a hearing called to | 10 | | establish
drilling units, no additional well shall be commenced | 11 | | for production from
the pool until the order establishing | 12 | | drilling units has been issued,
unless the commencement of the | 13 | | well is authorized by order of the Department.
| 14 | | (e) After an order establishing a drilling unit or units | 15 | | has been issued
by the Department, the commencement of drilling | 16 | | of any
well or wells into
the pool with regard to which such | 17 | | unit was established for the purpose of
producing oil or gas | 18 | | therefrom, at a location other than that authorized by
the | 19 | | order, or by order granting exception to the original spacing | 20 | | order, is
hereby prohibited. The operation of any well drilled | 21 | | in violation of an
order establishing drilling units is hereby | 22 | | prohibited.
| 23 | | (Source: P.A. 85-1334.)
| 24 | | (225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436)
| 25 | | Sec. 22.2. Integration of interests in drilling unit.
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| 1 | | (a) As used in
this Section, "owner" means any person
| 2 | | having an interest in the right to drill into and produce oil | 3 | | or gas from
any pool, and to appropriate the production for | 4 | | such owner or others.
| 5 | | (b) Except as provided in subsection (b-5), when 2 or more | 6 | | separately
owned tracts of land are embraced
within an | 7 | | established drilling unit, or when there are separately owned
| 8 | | interests in all or a part of such units, the owners of all oil | 9 | | and gas
interests therein may validly agree to integrate their | 10 | | interests and to
develop their lands as a drilling unit.
Where, | 11 | | however, such owners have
not agreed to integrate their | 12 | | interests and where no action has been
commenced seeking | 13 | | permission to drill pursuant to the provisions of "An Act
in | 14 | | relation to oil and gas interests in land", approved July 1, | 15 | | 1939, and
where at least one of the owners has drilled or has | 16 | | proposed to drill a
well on an established drilling unit the | 17 | | Department on the application of
an owner shall, for the | 18 | | prevention of waste or to avoid the drilling of
unnecessary | 19 | | wells, require such owners to do so and to develop their lands
| 20 | | as a drilling unit. The Department, as a part of the order | 21 | | integrating
interests, may prescribe the terms and conditions | 22 | | upon which the royalty
interests in the unit or units shall, in | 23 | | the absence of voluntary
agreement, be determined to be | 24 | | integrated without the necessity of a
subsequent separate order | 25 | | integrating the royalty interests. Each such
integration order | 26 | | shall be upon terms and conditions that are just and
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| 1 | | reasonable.
| 2 | | (b-5) When 2 or more separately owned tracts of land are | 3 | | embraced within
an established drilling unit, or when there are | 4 | | separately owned interests in
all or a part of the unit, and | 5 | | one of the owners is the Department of
Natural Resources, | 6 | | integration of the separate tracts shall be allowed only
if, | 7 | | following a comprehensive environmental impact review | 8 | | performed by the
Department, the Department determines that no | 9 | | substantial or irreversible
detrimental harm will occur on | 10 | | Department lands as a result of any proposed
activities | 11 | | relating to mineral extraction. The environmental impact | 12 | | review
shall include but shall not be
limited to an assessment | 13 | | of the potential destruction or depletion of flora and
fauna, | 14 | | wildlife and its supporting habitat, surface and subsurface | 15 | | water
supplies, aquatic life, and recreational activities | 16 | | located on the land
proposed to be integrated. The Department | 17 | | shall adopt rules necessary to
implement this subsection.
| 18 | | (b-6) All proceeds, bonuses, rentals, royalties, and other | 19 | | inducements and
considerations received from the integration | 20 | | of Department of Natural Resources
lands that have not been | 21 | | purchased by the Department of Natural Resources with
moneys | 22 | | appropriated from the Wildlife and Fish Fund shall be deposited | 23 | | as
follows: at least 50% of the amounts received shall be | 24 | | deposited into the
State Parks Fund and not more than 50% shall | 25 | | be deposited into the Plugging and
Restoration Fund.
| 26 | | (c) All orders requiring such integration shall be made |
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| 1 | | after notice and
hearing and shall be upon terms and conditions | 2 | | that are just and reasonable
and will afford to the owners of | 3 | | all oil and gas interests in each tract in
the drilling unit | 4 | | the opportunity to recover or receive their just and
equitable | 5 | | share of oil or gas from the drilling unit without unreasonable
| 6 | | expense and will prevent or minimize reasonably avoidable | 7 | | drainage from
each integrated drilling unit which is not | 8 | | equalized by counter drainage,
but the Department may not limit | 9 | | the production from any well under this
provision. The request | 10 | | shall be made by petition accompanied by a non-refundable | 11 | | application fee of $1,500. The fee shall be deposited into the | 12 | | Underground Resources Conservation Enforcement Fund.
| 13 | | (d) All operations, including, but not limited to, the | 14 | | commencement,
drilling, or operation of a well upon any portion | 15 | | of a drilling unit shall
be deemed for all purposes the conduct | 16 | | of such operations upon each
separately owned tract in the | 17 | | drilling unit by the several owners thereof.
That portion of | 18 | | the production allocated to a separately owned tract
included | 19 | | in a drilling unit shall, when produced, be deemed, for all
| 20 | | purposes, to have been actually produced from such tract by a | 21 | | well drilled
thereon.
| 22 | | (e) In making the determination of integrating separately | 23 | | owned
interests, and determining to whom the permit should be | 24 | | issued, the
Department may consider:
| 25 | | (1) the reasons requiring the integration of separate | 26 | | interests;
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| 1 | | (2) the respective interests of the parties in the | 2 | | drilling unit
sought to be established, and the pool or | 3 | | pools in the field where the
proposed drilling unit is | 4 | | located;
| 5 | | (3) any parties' prior or present compliance with the | 6 | | Act and the
Department's rules; and
| 7 | | (4) any other information relevant to protect the | 8 | | correlative rights
of the parties sought to be affected by | 9 | | the integration order.
| 10 | | (f) Each such integration order shall authorize the | 11 | | drilling, testing,
completing, equipping, and operation of a | 12 | | well on the drilling unit;
provide who may drill and operate | 13 | | the well; prescribe the time and manner
in which all the owners | 14 | | in the drilling unit may elect to participate
therein; and make | 15 | | provision for the payment by all those who elect to
participate | 16 | | therein of the reasonable actual cost thereof, plus a
| 17 | | reasonable charge for supervision and interest. Should an owner | 18 | | not elect
to voluntarily participate in the risk and costs of | 19 | | the drilling, testing,
completing and operation of a well as | 20 | | determined by the Department, the
integration order shall | 21 | | provide either that:
| 22 | | (1) the nonparticipating owner shall surrender a | 23 | | leasehold interest to
the participating owners on a basis | 24 | | and for such terms and consideration
the Department finds | 25 | | fair and reasonable; or
| 26 | | (2) the nonparticipating owner shall share in a |
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| 1 | | proportionate part of
the production of oil and gas from | 2 | | the drilling unit determined by the
Department, and pay a | 3 | | proportionate part of operation cost after the
| 4 | | participating owners have recovered from the production of | 5 | | oil or gas from
a well all actual costs in the drilling, | 6 | | testing, completing and operation
of the well plus a | 7 | | penalty to be determined by the Department of not less
than | 8 | | 100% nor more than 300% of such actual costs.
| 9 | | (g) For the purpose of this Section, the owner or owners of | 10 | | oil and gas
rights in and under an unleased tract of land shall | 11 | | be regarded as a lessee
to the extent of a 7/8 interest in and | 12 | | to said rights and a lessor to the
extent of the remaining 1/8 | 13 | | interest therein.
| 14 | | (h) In the event of any dispute relative to costs and | 15 | | expenses of
drilling, testing, equipping, completing and | 16 | | operating a well, the
Department shall determine the proper | 17 | | costs after due notice to interested
parties and a hearing | 18 | | thereon. The operator of such unit, in addition to
any other | 19 | | right provided by the integration order of the Department, | 20 | | shall
have a lien on the mineral leasehold estate or rights | 21 | | owned by the other
owners therein and upon their shares of the | 22 | | production from such unit to
the extent that costs incurred in | 23 | | the development and operation upon said
unit are a charge | 24 | | against such interest by order of the Department or by
| 25 | | operation of law. Such liens shall be separable as to each | 26 | | separate owner
within such unit, and shall remain liens until |
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| 1 | | the owner or owners drilling
or operating the well have been | 2 | | paid the amount due under the terms of the
integration order. | 3 | | The Department is specifically authorized to provide
that the | 4 | | owner or owners drilling, or paying for the drilling, or for | 5 | | the
operation of a well for the benefit of all shall be | 6 | | entitled to production
from such well which would be received | 7 | | by the owner or owners for whose
benefit the well was drilled | 8 | | or operated, after payment of royalty, until
the owner or | 9 | | owners drilling or operating the well have been paid the
amount | 10 | | due under the terms of the integration order settling such | 11 | | dispute.
| 12 | | (Source: P.A. 90-490, eff. 8-17-97.)
| 13 | | (225 ILCS 725/23.3) (from Ch. 96 1/2, par. 5440)
| 14 | | Sec. 23.3.
The Department, upon the petition of any
| 15 | | interested person,
shall hold a public hearing to consider the | 16 | | need for operating a pool, pools,
or any portion thereof, as a | 17 | | unit to enable, authorize and require operations
which will | 18 | | increase the ultimate recovery of oil and gas, prevent the | 19 | | waste
of oil and gas, and protect correlative rights of the | 20 | | owners of
the oil and gas.
| 21 | | (1) Such petition shall contain the following:
| 22 | | (a) A description of the land and pool, pools, or parts | 23 | | thereof, within
the proposed unit area.
| 24 | | (b) The names of all persons owning or having an | 25 | | interest in the oil and
gas rights in the proposed unit |
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| 1 | | area as of the date of filing the petition,
as disclosed by | 2 | | the records in the office of the recorder for
the county or | 3 | | counties in which the unit area is situated, and their | 4 | | addresses,
if known. If the address of any person is | 5 | | unknown, the petition shall so
indicate.
| 6 | | (c) A statement of the type of operations contemplated | 7 | | for the unit area.
| 8 | | (d) A copy of a proposed plan of unitization signed by | 9 | | persons owning
not less than 51% of the working interest | 10 | | underlying the surface
within the area proposed to be | 11 | | unitized, which the petitioner considers fair,
reasonable
| 12 | | and equitable; said plan of unitization shall include (or | 13 | | provide in a separate
unit operating agreement, if there be | 14 | | more than one working interest owner,
a copy of which shall | 15 | | accompany the petition) the following:
| 16 | | (i) A plan for allocating to each separately owned | 17 | | tract in the unit
area
its share of the oil and gas | 18 | | produced from the unit area and not required
or | 19 | | consumed in the conduct of the operation of the unit | 20 | | area or unavoidably
lost.
| 21 | | (ii) A provision indicating how unit expense shall | 22 | | be determined and
charged
to the several owners, | 23 | | including a provision for carrying or otherwise
| 24 | | financing
any working interest owner who has not | 25 | | executed the proposed plan of
unitization
and who | 26 | | elects to be carried or otherwise financed, and |
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| 1 | | allowing the unit
operator, for the benefit of those | 2 | | working interest owners who have paid
the development | 3 | | and operating costs, the recovery of not more than 150%
| 4 | | of such person's actual share of development costs of | 5 | | the unit plus operating
costs, with interest. Recovery | 6 | | of the money advanced to owners wishing to
be financed, | 7 | | for development and operating costs of the unit, | 8 | | together with
such other sums provided for herein, | 9 | | shall only be recoverable from such
owner's share of | 10 | | unit production from the unit area.
| 11 | | (iii) A procedure and basis upon which wells, | 12 | | equipment, and other
properties
of the several working | 13 | | interest owners within the unit area are to be taken
| 14 | | over and used for unit operations, including the method | 15 | | of arriving at the
compensation therefor.
| 16 | | (iv) A plan for maintaining effective supervision | 17 | | and conduct of unit
operations, in respect to which | 18 | | each working interest owner shall have a
vote with a | 19 | | value corresponding to the percentage of unit expense | 20 | | chargeable
against the interest of such owner.
| 21 | | (e) A non-refundable application fee in the amount of | 22 | | $2,500. | 23 | | (2) Concurrently with the filing of the petition with the
| 24 | | Department,
the petitioner may file or cause to be filed, in | 25 | | the office of the recorder
for the county or counties in which | 26 | | the affected lands sought to be unitized
are located, a notice |
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| 1 | | setting forth:
| 2 | | (a) The type of proceedings before the Department
and a | 3 | | general statement
of the purpose of such proceedings.
| 4 | | (b) A legal description of the lands, oil and gas lease | 5 | | or leases, and
other oil and gas property interests, which | 6 | | may be affected by the proposed
unitization.
| 7 | | (3) Upon the filing of such notice:
| 8 | | (a) All transfers of title to oil and gas rights shall | 9 | | thereafter be
subject
to the final order of the Department | 10 | | in such proceedings, and
| 11 | | (b) Such notice shall be constructive notification to | 12 | | every person
subsequently
acquiring an interest in or a | 13 | | lien on any of the property affected thereby,
and every | 14 | | person whose interest or lien is not shown of record at the | 15 | | time
of filing such notice shall, for the purpose of this | 16 | | Act, be deemed a
subsequent
purchaser and shall be bound by | 17 | | the proceedings before the Department
to the same extent | 18 | | and in the same manner as if he were a party thereto.
| 19 | | (Source: P.A. 89-243, eff. 8-4-95.)
| 20 | | Section 90-50. The Fish and Aquatic Life Code is amended by | 21 | | changing Sections 20-45 and 20-55 as follows:
| 22 | | (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
| 23 | | (Text of Section before amendment by P.A. 97-498 )
| 24 | | Sec. 20-45. License fees for residents. Fees for licenses |
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| 1 | | for residents
of the State of Illinois shall be as follows:
| 2 | | (a) Except as otherwise provided in this Section, for | 3 | | sport fishing
devices as defined in Section 10-95 or | 4 | | spearing devices as defined in
Section 10-110 the fee is | 5 | | $14.50 for individuals 16 to 64 years old, and
one-half of | 6 | | the current fishing license fee for individuals age 65 or | 7 | | older,
commencing with the 1994 license year.
| 8 | | (b) All residents before using any commercial fishing | 9 | | device shall
obtain a commercial fishing license, the fee | 10 | | for which shall be $60 and a resident fishing license, the | 11 | | fee for which is $14.50 $35 .
Each and every commercial | 12 | | device used shall be licensed by a resident
commercial | 13 | | fisherman as follows:
| 14 | | (1) For each 100 lineal yards, or fraction thereof, | 15 | | of seine
the fee is $18. For each minnow seine, minnow | 16 | | trap, or net for commercial
purposes the fee is $20.
| 17 | | (2) For each device to fish with a 100 hook trot | 18 | | line
device,
basket trap, hoop net, or dip net the fee | 19 | | is $3.
| 20 | | (3) When used in the waters of Lake Michigan, for | 21 | | the first 2000
lineal feet, or fraction thereof, of | 22 | | gill net the fee is $10; and
for each 1000 additional | 23 | | lineal feet, or fraction thereof, the fee is $10.
These | 24 | | fees shall apply to all gill nets in use in the water | 25 | | or on drying
reels on the shore.
| 26 | | (4) For each 100 lineal yards, or fraction thereof, |
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| 1 | | of gill net
or trammel net the fee is $18.
| 2 | | (c) Residents of the State of Illinois may obtain a | 3 | | sportsmen's
combination license that shall entitle the | 4 | | holder to the same
non-commercial fishing privileges as | 5 | | residents holding a license as
described in subsection (a) | 6 | | of this Section and to the same hunting
privileges as | 7 | | residents holding a license to hunt all species as
| 8 | | described in Section 3.1 of the Wildlife Code. No | 9 | | sportsmen's combination
license shall be issued to any | 10 | | individual who would be ineligible for
either the fishing | 11 | | or hunting license separately. The sportsmen's
combination | 12 | | license fee shall be $25.50.
For residents age 65 or older, | 13 | | the fee is one-half of the fee charged for a
sportsmen's | 14 | | combination license.
| 15 | | (d) For 24 hours of fishing
by sport fishing devices
as | 16 | | defined in Section 10-95 or by spearing devices as defined | 17 | | in Section
10-110 the fee is $5. This license exempts the | 18 | | licensee from the
requirement for a salmon or inland trout | 19 | | stamp. The licenses provided for
by this subsection
are not | 20 | | required for residents of the State of Illinois who have | 21 | | obtained the
license provided for in subsection (a) of this | 22 | | Section.
| 23 | | (e) All residents before using any commercial mussel | 24 | | device shall
obtain a commercial mussel license, the fee | 25 | | for which shall be $50.
| 26 | | (f) Residents of this State, upon establishing |
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| 1 | | residency as required
by the Department, may obtain a | 2 | | lifetime hunting or fishing license or
lifetime | 3 | | sportsmen's combination license which shall entitle the | 4 | | holder to
the same non-commercial fishing privileges as | 5 | | residents holding a license
as described in paragraph (a) | 6 | | of this Section and to the same hunting
privileges as | 7 | | residents holding a license to hunt all species as | 8 | | described
in Section 3.1 of the Wildlife Code. No lifetime | 9 | | sportsmen's combination
license shall be issued to or | 10 | | retained by any individual
who would be ineligible for | 11 | | either the fishing or hunting license
separately, either | 12 | | upon issuance, or in any year a violation would
subject an | 13 | | individual to have either or both fishing or hunting | 14 | | privileges
rescinded. The lifetime hunting and fishing | 15 | | license fees shall be as follows:
| 16 | | (1) Lifetime fishing: 30 x the current fishing | 17 | | license fee.
| 18 | | (2) Lifetime hunting: 30 x the current hunting | 19 | | license fee.
| 20 | | (3) Lifetime sportsmen's combination license: 30 x | 21 | | the current
sportsmen's combination license fee.
| 22 | | Lifetime licenses shall not be refundable. A $10 fee shall | 23 | | be charged
for reissuing any lifetime license. The Department | 24 | | may establish rules and
regulations for the issuance and use of | 25 | | lifetime licenses and may suspend
or revoke any lifetime | 26 | | license issued under this Section for violations of
those rules |
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| 1 | | or regulations or other provisions under this Code or the
| 2 | | Wildlife Code. Individuals under 16 years of age who possess a | 3 | | lifetime
hunting or sportsmen's combination license shall have | 4 | | in their possession,
while in the field, a certificate of | 5 | | competency as required under Section
3.2 of the Wildlife Code. | 6 | | Any lifetime license issued under this Section
shall not exempt | 7 | | individuals from obtaining additional stamps or permits
| 8 | | required under the provisions of this Code or the Wildlife | 9 | | Code.
Individuals required to purchase additional stamps shall | 10 | | sign the stamps
and have them in their possession while fishing | 11 | | or hunting with a lifetime
license. All fees received from the | 12 | | issuance
of lifetime licenses shall be deposited in the Fish | 13 | | and Wildlife Endowment
Fund.
| 14 | | Except for licenses issued under subsection (e) of this | 15 | | Section, all
licenses provided for in this Section shall expire | 16 | | on March 31 of
each year, except that the license provided for | 17 | | in subsection (d) of
this Section shall expire 24 hours after | 18 | | the effective date and time listed
on the face of the license.
| 19 | | All individuals required to have and failing to have the | 20 | | license provided
for in subsection (a) or (d) of this Section | 21 | | shall be fined according to the
provisions of Section 20-35 of | 22 | | this Code.
| 23 | | All individuals required to have and failing to have the | 24 | | licenses
provided for in subsections (b) and (e) of this | 25 | | Section shall be guilty of a
Class B misdemeanor.
| 26 | | (Source: P.A. 96-831, eff. 1-1-10.)
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| 1 | | (Text of Section after amendment by P.A. 97-498 )
| 2 | | Sec. 20-45. License fees for residents. Fees for licenses | 3 | | for residents
of the State of Illinois shall be as follows:
| 4 | | (a) Except as otherwise provided in this Section, for | 5 | | sport fishing
devices as defined in Section 10-95 or | 6 | | spearing devices as defined in
Section 10-110, the fee is | 7 | | $14.50 for individuals 16 to 64 years old,
one-half of the | 8 | | current fishing license fee for individuals age 65 or | 9 | | older,
and, commencing with the 2012 license year, one-half | 10 | | of the current fishing license fee for resident veterans of | 11 | | the United States Armed Forces after returning from service | 12 | | abroad or mobilization by the President of the United | 13 | | States. Veterans must provide, to the Department at one of | 14 | | the Department's 5 regional offices, verification of their | 15 | | service. The Department shall establish what constitutes | 16 | | suitable verification of service for the purpose of issuing | 17 | | fishing licenses to resident veterans at a reduced fee.
| 18 | | (b) All residents before using any commercial fishing | 19 | | device shall
obtain a commercial fishing license, the fee | 20 | | for which shall be $60 and a resident fishing license, the | 21 | | fee for which is $14.50 $35 .
Each and every commercial | 22 | | device used shall be licensed by a resident
commercial | 23 | | fisherman as follows:
| 24 | | (1) For each 100 lineal yards, or fraction thereof, | 25 | | of seine
the fee is $18. For each minnow seine, minnow |
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| 1 | | trap, or net for commercial
purposes the fee is $20.
| 2 | | (2) For each device to fish with a 100 hook trot | 3 | | line
device,
basket trap, hoop net, or dip net the fee | 4 | | is $3.
| 5 | | (3) When used in the waters of Lake Michigan, for | 6 | | the first 2000
lineal feet, or fraction thereof, of | 7 | | gill net the fee is $10; and
for each 1000 additional | 8 | | lineal feet, or fraction thereof, the fee is $10.
These | 9 | | fees shall apply to all gill nets in use in the water | 10 | | or on drying
reels on the shore.
| 11 | | (4) For each 100 lineal yards, or fraction thereof, | 12 | | of gill net
or trammel net the fee is $18.
| 13 | | (c) Residents of the State of Illinois may obtain a | 14 | | sportsmen's
combination license that shall entitle the | 15 | | holder to the same
non-commercial fishing privileges as | 16 | | residents holding a license as
described in subsection (a) | 17 | | of this Section and to the same hunting
privileges as | 18 | | residents holding a license to hunt all species as
| 19 | | described in Section 3.1 of the Wildlife Code. No | 20 | | sportsmen's combination
license shall be issued to any | 21 | | individual who would be ineligible for
either the fishing | 22 | | or hunting license separately. The sportsmen's
combination | 23 | | license fee shall be $25.50.
For residents age 65 or older, | 24 | | the fee is one-half of the fee charged for a
sportsmen's | 25 | | combination license. For resident veterans of the United | 26 | | States Armed Forces after returning from service abroad or |
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| 1 | | mobilization by the President of the United States, the | 2 | | fee, commencing with the 2012 license year, is one-half of | 3 | | the fee charged for a
sportsmen's combination license. | 4 | | Veterans must provide to the Department, at one of the | 5 | | Department's 5 regional offices, verification of their | 6 | | service. The Department shall establish what constitutes | 7 | | suitable verification of service for the purpose of issuing | 8 | | sportsmen's
combination licenses to resident veterans at a | 9 | | reduced fee.
| 10 | | (d) For 24 hours of fishing
by sport fishing devices
as | 11 | | defined in Section 10-95 or by spearing devices as defined | 12 | | in Section
10-110 the fee is $5. This license does not | 13 | | exempt exempts the licensee from the
requirement for a | 14 | | salmon or inland trout stamp. The licenses provided for
by | 15 | | this subsection
are not required for residents of the State | 16 | | of Illinois who have obtained the
license provided for in | 17 | | subsection (a) of this Section.
| 18 | | (e) All residents before using any commercial mussel | 19 | | device shall
obtain a commercial mussel license, the fee | 20 | | for which shall be $50.
| 21 | | (f) Residents of this State, upon establishing | 22 | | residency as required
by the Department, may obtain a | 23 | | lifetime hunting or fishing license or
lifetime | 24 | | sportsmen's combination license which shall entitle the | 25 | | holder to
the same non-commercial fishing privileges as | 26 | | residents holding a license
as described in paragraph (a) |
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| 1 | | of this Section and to the same hunting
privileges as | 2 | | residents holding a license to hunt all species as | 3 | | described
in Section 3.1 of the Wildlife Code. No lifetime | 4 | | sportsmen's combination
license shall be issued to or | 5 | | retained by any individual
who would be ineligible for | 6 | | either the fishing or hunting license
separately, either | 7 | | upon issuance, or in any year a violation would
subject an | 8 | | individual to have either or both fishing or hunting | 9 | | privileges
rescinded. The lifetime hunting and fishing | 10 | | license fees shall be as follows:
| 11 | | (1) Lifetime fishing: 30 x the current fishing | 12 | | license fee.
| 13 | | (2) Lifetime hunting: 30 x the current hunting | 14 | | license fee.
| 15 | | (3) Lifetime sportsmen's combination license: 30 x | 16 | | the current
sportsmen's combination license fee.
| 17 | | Lifetime licenses shall not be refundable. A $10 fee shall | 18 | | be charged
for reissuing any lifetime license. The Department | 19 | | may establish rules and
regulations for the issuance and use of | 20 | | lifetime licenses and may suspend
or revoke any lifetime | 21 | | license issued under this Section for violations of
those rules | 22 | | or regulations or other provisions under this Code or the
| 23 | | Wildlife Code. Individuals under 16 years of age who possess a | 24 | | lifetime
hunting or sportsmen's combination license shall have | 25 | | in their possession,
while in the field, a certificate of | 26 | | competency as required under Section
3.2 of the Wildlife Code. |
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| 1 | | Any lifetime license issued under this Section
shall not exempt | 2 | | individuals from obtaining additional stamps or permits
| 3 | | required under the provisions of this Code or the Wildlife | 4 | | Code.
Individuals required to purchase additional stamps shall | 5 | | sign the stamps
and have them in their possession while fishing | 6 | | or hunting with a lifetime
license. All fees received from the | 7 | | issuance
of lifetime licenses shall be deposited in the Fish | 8 | | and Wildlife Endowment
Fund.
| 9 | | Except for licenses issued under subsection (e) of this | 10 | | Section, all
licenses provided for in this Section shall expire | 11 | | on March 31 of
each year, except that the license provided for | 12 | | in subsection (d) of
this Section shall expire 24 hours after | 13 | | the effective date and time listed
on the face of the license.
| 14 | | All individuals required to have and failing to have the | 15 | | license provided
for in subsection (a) or (d) of this Section | 16 | | shall be fined according to the
provisions of Section 20-35 of | 17 | | this Code.
| 18 | | All individuals required to have and failing to have the | 19 | | licenses
provided for in subsections (b) and (e) of this | 20 | | Section shall be guilty of a
Class B misdemeanor.
| 21 | | (Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
| 22 | | (515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
| 23 | | Sec. 20-55. License fees for non-residents. Fees for | 24 | | licenses for
non-residents of the State of Illinois are as | 25 | | follows:
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| 1 | | (a) For sport fishing devices as defined by Section
10-95, | 2 | | or spearing
devices as defined in Section 10-110, non-residents | 3 | | age 16 or older shall be
charged $31 for a fishing license to | 4 | | fish. For sport fishing devices as defined
by Section 10-95, or | 5 | | spearing devices as defined in Section 10-110, for a
period not | 6 | | to exceed 3 10 consecutive days fishing in the State of | 7 | | Illinois the
fee is $15.00 $19.50 .
| 8 | | For sport fishing devices as defined in Section 10-95,
or | 9 | | spearing
devices as defined in Section 10-110, for 24 hours of | 10 | | fishing the fee is $10 $5 . This license does not exempt exempts | 11 | | the licensee from
the salmon or inland trout stamp requirement.
| 12 | | (b) All non-residents before using any commercial fishing | 13 | | device
shall obtain a non-resident commercial fishing license, | 14 | | the fee for
which shall be $300 and a non-resident fishing | 15 | | licensing $150 . Each and every commercial device shall be
| 16 | | licensed by a non-resident commercial fisherman as follows:
| 17 | | (1) For each 100 lineal yards, or fraction thereof, of | 18 | | seine
(excluding minnow seines) the fee is $36.
| 19 | | (2) For each device to fish with a 100 hook trot line
| 20 | | device,
basket trap, hoop net, or dip net the fee is $6.
| 21 | | (3) For each 100 lineal yards, or fraction thereof, of | 22 | | trammel net
the fee is $36.
| 23 | | (4) For each 100 lineal yards, or fraction thereof, of | 24 | | gill net
the fee is $36.
| 25 | | All persons required to have and failing to have the | 26 | | license provided
for in subsection (a) of this Section shall be |
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| 1 | | fined under Section 20-35
of this Code. Each person required to | 2 | | have and failing to have the
licenses required under subsection | 3 | | (b) of this Section shall be guilty of a
Class B misdemeanor.
| 4 | | All licenses provided for in this Section shall expire on | 5 | | March 31 of
each year; except that the 24-hour license for | 6 | | sport fishing devices or
spearing devices shall
expire 24 hours | 7 | | after the effective date and time listed on the face of the
| 8 | | license and licenses for sport fishing devices
or spearing
| 9 | | devices for a period not to exceed 10 consecutive days fishing | 10 | | in the
State of Illinois as provided in subsection (a) of this | 11 | | Section shall
expire at midnight on the tenth day after issued, | 12 | | not counting the day
issued.
| 13 | | (Source: P.A. 96-831, eff. 1-1-10.)
| 14 | | Section 90-55. The Wildlife Code is amended by changing | 15 | | Sections 2.4 and 3.22 as follows:
| 16 | | (520 ILCS 5/2.4) (from Ch. 61, par. 2.4)
| 17 | | Sec. 2.4.
The term birds of prey shall include all species | 18 | | of owls,
falcons, hawks, kites, harriers, ospreys and eagles. | 19 | | It shall be unlawful
for any person, organization or | 20 | | institution to take or possess a bird of
prey (raptor) without | 21 | | first obtaining a license or appropriate permit from
the | 22 | | Department. All applicants must be at least 14 years of age.
| 23 | | Regulations for the capture, use, possession and | 24 | | transportation of birds of
prey for falconry or captive |
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| 1 | | propagation purposes are provided by
administrative rule. The | 2 | | fee for a falconry license is $200 $75 for 5 3 years and
must be | 3 | | renewed every 5 3 years. The fee for a captive propagation | 4 | | permit is
$200 $75 for 5 3 years and must be renewed every 5 3 | 5 | | years. The fee for a raptor
capture permit for a resident of | 6 | | the State of Illinois is $50 $30 per year.
The fee for a | 7 | | non-resident raptor capture permit is $100 $50 per year. A
| 8 | | Scientific Collectors Permit, available at no charge to | 9 | | qualified
individuals as provided in Section 3.22 of this Act, | 10 | | may be obtained from
the Department for scientific, educational | 11 | | or zoological purposes. No
person may have in their possession | 12 | | Bald Eagle, Haliaeetus leucocephalus;
Osprey, Pandion | 13 | | haliaeetus; or Barn Owl, Tyto alba. All captive-held birds
of | 14 | | prey must be permanently marked as provided by administrative | 15 | | rule. The
use of birds of prey for the hunting of game birds, | 16 | | migratory birds, game
mammals, and furbearing mammals shall be | 17 | | lawful during falconry seasons,
which shall be set by | 18 | | administrative rule.
| 19 | | (Source: P.A. 86-1046; 87-298.)
| 20 | | (520 ILCS 5/3.22) (from Ch. 61, par. 3.22)
| 21 | | Sec. 3.22. Issuance of scientific and special purpose | 22 | | permits. Scientific permits may be granted by the Department to | 23 | | any properly accredited
person at least 18 years of age, | 24 | | permitting the capture, marking, handling, banding, or | 25 | | collecting
(including fur, hide, skin, teeth, feathers, claws, |
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| 1 | | nests, eggs, or young),
for strictly scientific purposes, of | 2 | | any of the fauna now protected
under this Code. A special | 3 | | purpose permit may be granted to qualified
individuals for the | 4 | | purpose of salvaging dead, sick, orphaned, or
crippled wildlife | 5 | | species protected by this Act for permanent donation to
bona | 6 | | fide public or state scientific, educational or zoological
| 7 | | institutions or, for the purpose of rehabilitation and | 8 | | subsequent release
to the wild, or other
disposal as directed | 9 | | by the Department.
Private educational organizations may be | 10 | | granted a special purpose permit to possess wildlife or parts | 11 | | thereof for educational purposes. A special purpose permit is | 12 | | required prior to treatment, administration, or both of any | 13 | | wild fauna protected by this Code that is captured, handled, or | 14 | | both in the wild or will be released to the wild with any type | 15 | | of chemical or other compound (including but not limited to | 16 | | vaccines, inhalants, medicinal agents requiring oral or dermal | 17 | | application) regardless of means of delivery, except that | 18 | | individuals and organizations removing or destroying wild | 19 | | birds and wild mammals under Section 2.37 of this Code or | 20 | | releasing game birds under Section 3.23 of this Code are not | 21 | | required to obtain those special purpose permits. Treatment | 22 | | under this special purpose permit means to effect a cure or | 23 | | physiological change within the animal. The criteria, | 24 | | definitions, application process, fees, and standards for a | 25 | | scientific or special purpose permit shall be provided by | 26 | | administrative rule. The annual fee for a scientific or special |
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| 1 | | purpose permit shall not exceed $100. The Department shall set | 2 | | forth applicable regulations in an administrative rule | 3 | | covering qualifications and facilities needed to obtain both a | 4 | | scientific and a special purpose permit. The application for | 5 | | these permits shall be approved by the Department to determine | 6 | | if a permit should be issued. Disposition of fauna taken under | 7 | | the authority of this Section shall be specified by the | 8 | | Department.
| 9 | | The holder of each such scientific or special purpose | 10 | | permit shall make to the Department a report in writing
upon | 11 | | blanks furnished by the Department. Such reports shall be made | 12 | | (i) annually if the permit is granted for a period of more than | 13 | | one year or (ii) within 30 days after the expiration of the | 14 | | permit if the permit is granted for a period of one year or | 15 | | less. Such reports shall include information
which the | 16 | | Department may consider necessary.
| 17 | | (Source: P.A. 96-979, eff. 7-2-10.)
| 18 | | Section 90-57. The Illinois Natural Areas Preservation Act | 19 | | is amended by changing Section 6.01 as follows:
| 20 | | (525 ILCS 30/6.01) (from Ch. 105, par. 706.01)
| 21 | | Sec. 6.01.
To compile and maintain inventories, registers | 22 | | and records
of nature preserves, other natural areas and | 23 | | features, and species of plants
and animals and their habitats | 24 | | and establish a fee, by rule, to be collected to recover the |
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| 1 | | actual cost of collecting, storing, managing, compiling, and | 2 | | providing access to such inventories, registers, and records. | 3 | | All fees collected under this Section shall be deposited into | 4 | | the Natural Areas Acquisition Fund .
| 5 | | (Source: P.A. 82-445.)
| 6 | | Section 90-60. The Rivers, Lakes, and Streams Act is | 7 | | amended by adding Section 35 as follows: | 8 | | (615 ILCS 5/35 new) | 9 | | Sec. 35. Permit fees. The Department of Natural Resources | 10 | | shall collect a fee of up to $5,000 per application for permits | 11 | | issued under this Act. The Department of Natural Resources | 12 | | shall set the specific fee applicable to different permits | 13 | | issued under this Act by administrative rule, provided that no | 14 | | fee exceeds $5,000. All fees collected pursuant to this Section | 15 | | shall be deposited in the State Boating Act Fund for use by the | 16 | | Department of Natural Resources for the ordinary and contingent | 17 | | expenses of the Department of the Natural Resources. No permit | 18 | | application shall be processed until the application fee is | 19 | | paid to the Department of Natural Resources. | 20 | | Section 90-70. The Fox Waterway Agency Act is amended by | 21 | | adding Section 7.13 as follows: | 22 | | (615 ILCS 90/7.13 new) |
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| 1 | | Sec. 7.13. Collection of McHenry County Dam fees for the | 2 | | Department of Natural Resources. The Agency shall collect | 3 | | McHenry County Dam fees on behalf of the Department of Natural | 4 | | Resources pursuant to the user fee system in Section 7.2 of | 5 | | this Act. McHenry County Dam fees shall be established by the | 6 | | Department of Natural Resources pursuant to administrative | 7 | | rule. The Agency shall transfer collected McHenry County Dam | 8 | | fees to the Department of Natural Resources on a monthly basis. | 9 | | McHenry County Dam fees collected by the Agency under this | 10 | | Section shall not be considered as part of the gross income | 11 | | from fees collected under Section 7.2 of this Act. | 12 | | Section 90-75. The McHenry County Dam Act is amended by | 13 | | changing Section 4 as follows:
| 14 | | (615 ILCS 100/4) (from Ch. 19, par. 1354)
| 15 | | Sec. 4. The Department of Natural Resources shall have | 16 | | authority:
| 17 | | (1) To prescribe reasonable rules and regulations in | 18 | | respect to all matters
connected with the navigation and use of | 19 | | the said dam, lock and fishway,
and transportation on or | 20 | | through said lock. Whoever shall
wilfully or negligently refuse | 21 | | or neglect to comply with such rules may be
fined in any sum | 22 | | not exceeding fifty dollars ($50) for each offense,
to be | 23 | | recovered in the name of the People of the State of Illinois, | 24 | | before
any justice of the peace in the county, and paid over to |
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| 1 | | the Department for
credit to a fund for the operation and | 2 | | maintenance of said lock and dam at
McHenry. The Department of | 3 | | Natural Resources may prohibit all persons who
wilfully refuse | 4 | | or neglect to comply with such rules from using said dam and
| 5 | | lock. Printed copies of such rules and of this article shall be | 6 | | posted for
public inspection at the lock. The power granted in | 7 | | this
article shall apply as well to that part of the Fox River | 8 | | above and
below the dam and lock within one thousand feet | 9 | | thereof.
| 10 | | (2) To do all work in the Fox River north of said dam and | 11 | | lock necessary
to remove obstructions and maintain a navigable | 12 | | depth which otherwise would
necessitate a further raising of | 13 | | the dam in order to comply with Section 2,
paragraph 2, of this | 14 | | Act.
| 15 | | (3) To establish , pursuant to administrative rule, and | 16 | | collect reasonable McHenry County Dam fees rates of toll for | 17 | | the passage
and use of the said lock and the river and lakes | 18 | | north of said lock, but
such lock, river and lakes shall be | 19 | | free for the transportation of any
property of the United | 20 | | States or persons in the service thereof passing
through the | 21 | | same. The McHenry County Dam Fees shall be collected on behalf | 22 | | of the Department of Natural Resources by the Fox Waterway | 23 | | Agency under the user fee system in the Fox Water Agency Act. | 24 | | McHenry County Dam fees received by the Department of Natural | 25 | | Resources from the Fox Waterway Agency shall be deposited in | 26 | | the State Boating Act Fund for use by the Department of Natural |
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| 1 | | Resources for the ordinary and contingent expenses of the | 2 | | Department.
| 3 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 4 | | Section 90-80. The Illinois Vehicle Code is amended by | 5 | | changing Sections 2-119 and 3-806 as follows:
| 6 | | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
| 7 | | Sec. 2-119. Disposition of fees and taxes.
| 8 | | (a) All moneys received from Salvage Certificates shall be | 9 | | deposited in
the Common School Fund in the State Treasury.
| 10 | | (b) Beginning January 1, 1990 and concluding December 31, | 11 | | 1994, of the
money collected for each certificate of title, | 12 | | duplicate certificate of
title and corrected certificate of | 13 | | title, $0.50 shall be deposited into the
Used Tire Management | 14 | | Fund. Beginning January 1, 1990 and concluding
December 31, | 15 | | 1994, of the money collected for each certificate of title,
| 16 | | duplicate certificate of title and corrected certificate of | 17 | | title, $1.50
shall be deposited in the Park and Conservation | 18 | | Fund.
| 19 | | Beginning January 1, 1995, of the money collected for each | 20 | | certificate of
title, duplicate certificate of title and | 21 | | corrected certificate of title, $3.25 $2
shall be deposited in | 22 | | the Park and Conservation Fund. The moneys deposited in
the | 23 | | Park and Conservation Fund pursuant to this Section shall be | 24 | | used for the
acquisition and development of bike paths as |
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| 1 | | provided for in Section 805-420 of
the Department of Natural | 2 | | Resources (Conservation) Law (20 ILCS 805/805-420).
| 3 | | Beginning January 1, 2000, of
the
moneys collected for each | 4 | | certificate of title, duplicate certificate of title,
and | 5 | | corrected certificate of title, $48 shall be deposited into the | 6 | | Road Fund
and $4 shall be deposited into the Motor Vehicle | 7 | | License Plate Fund, except
that if the balance in the Motor | 8 | | Vehicle License Plate Fund exceeds $40,000,000
on the last day | 9 | | of a calendar month, then during the next calendar month the $4
| 10 | | shall instead be deposited into the Road Fund.
| 11 | | Beginning January 1, 2005, of the moneys collected for each | 12 | | delinquent vehicle registration renewal fee, $20 shall be | 13 | | deposited into the General Revenue Fund. | 14 | | Except as otherwise provided in this Code, all remaining | 15 | | moneys collected
for certificates of title, and all moneys | 16 | | collected for filing of security
interests, shall be placed in | 17 | | the General Revenue Fund in the State Treasury.
| 18 | | (c) All moneys collected for that portion of a driver's | 19 | | license fee
designated for driver education under Section 6-118 | 20 | | shall be placed in
the Driver Education Fund in the State | 21 | | Treasury.
| 22 | | (d) Beginning January 1, 1999, of the monies collected as a | 23 | | registration
fee for each motorcycle, motor driven cycle and | 24 | | moped, 27%
of each annual registration fee for such vehicle and | 25 | | 27% of each semiannual
registration fee for such vehicle is | 26 | | deposited in the Cycle Rider Safety
Training Fund.
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| 1 | | (e) Of the monies received by the Secretary of State as | 2 | | registration
fees or taxes or as payment of any other fee, as | 3 | | provided in this Act, except
fees received by the Secretary | 4 | | under paragraph (7) of subsection (b) of Section
5-101 and | 5 | | Section 5-109 of this Code, 37% shall be deposited into the | 6 | | State
Construction Fund.
| 7 | | (f) Of the total money collected for a CDL instruction | 8 | | permit or
original or renewal issuance of a commercial driver's | 9 | | license (CDL)
pursuant to the Uniform Commercial Driver's | 10 | | License Act (UCDLA): (i) $6 of the
total fee for an original or | 11 | | renewal CDL, and $6 of the total CDL
instruction permit fee | 12 | | when such permit is issued to any person holding a
valid | 13 | | Illinois driver's license, shall be paid into the | 14 | | CDLIS/AAMVAnet
Trust Fund (Commercial Driver's License | 15 | | Information System/American
Association of Motor Vehicle | 16 | | Administrators network Trust Fund) and shall
be used for the | 17 | | purposes provided in Section 6z-23 of the State Finance Act
and | 18 | | (ii) $20 of the total fee for an original or renewal CDL or | 19 | | commercial
driver instruction permit shall be paid
into the | 20 | | Motor Carrier Safety Inspection Fund, which is hereby created | 21 | | as a
special fund in the State Treasury, to be used by
the | 22 | | Department
of State Police, subject to appropriation, to hire | 23 | | additional officers to
conduct motor carrier safety
| 24 | | inspections
pursuant to Chapter 18b of this Code.
| 25 | | (g) All remaining moneys received by the Secretary of State | 26 | | as
registration fees or taxes or as payment of any other fee, |
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| 1 | | as provided in
this Act, except fees received by the Secretary | 2 | | under paragraph (7)(A) of
subsection (b) of Section 5-101 and | 3 | | Section 5-109 of this Code,
shall be deposited in the Road Fund | 4 | | in the State Treasury. Moneys
in the Road Fund shall be used | 5 | | for the purposes provided in
Section 8.3 of the State Finance | 6 | | Act.
| 7 | | (h) (Blank).
| 8 | | (i) (Blank).
| 9 | | (j) (Blank).
| 10 | | (k) There is created in the State Treasury a special fund | 11 | | to be known as
the Secretary of State Special License Plate | 12 | | Fund. Money deposited into the
Fund shall, subject to | 13 | | appropriation, be used by the Office of the Secretary
of State | 14 | | (i) to help defray plate manufacturing and plate processing | 15 | | costs
for the issuance and, when applicable, renewal of any new | 16 | | or existing
registration plates authorized under this Code and | 17 | | (ii) for grants made by the
Secretary of State to benefit | 18 | | Illinois Veterans Home libraries.
| 19 | | On or before October 1, 1995, the Secretary of State shall | 20 | | direct the
State Comptroller and State Treasurer to transfer | 21 | | any unexpended balance in
the Special Environmental License | 22 | | Plate Fund, the Special Korean War Veteran
License Plate Fund, | 23 | | and the Retired Congressional License Plate Fund to the
| 24 | | Secretary of State Special License Plate Fund.
| 25 | | (l) The Motor Vehicle Review Board Fund is created as a | 26 | | special fund in
the State Treasury. Moneys deposited into the |
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| 1 | | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | 2 | | Section 5-109 shall,
subject to appropriation, be used by the | 3 | | Office of the Secretary of State to
administer the Motor | 4 | | Vehicle Review Board, including without
limitation payment of | 5 | | compensation and all necessary expenses incurred in
| 6 | | administering the Motor Vehicle Review Board under the Motor | 7 | | Vehicle Franchise
Act.
| 8 | | (m) Effective July 1, 1996, there is created in the State
| 9 | | Treasury a special fund to be known as the Family | 10 | | Responsibility Fund. Moneys
deposited into the Fund shall, | 11 | | subject to appropriation, be used by the Office
of the | 12 | | Secretary of State for the purpose of enforcing the Family | 13 | | Financial
Responsibility Law.
| 14 | | (n) The Illinois Fire Fighters' Memorial Fund is created as | 15 | | a special
fund in the State Treasury. Moneys deposited into the | 16 | | Fund shall, subject
to appropriation, be used by the Office of | 17 | | the State Fire Marshal for
construction of the Illinois Fire | 18 | | Fighters' Memorial to be located at the
State Capitol grounds | 19 | | in Springfield, Illinois. Upon the completion of the
Memorial, | 20 | | moneys in the Fund shall be used in accordance with Section | 21 | | 3-634.
| 22 | | (o) Of the money collected for each certificate of title | 23 | | for all-terrain
vehicles and off-highway motorcycles, $17 | 24 | | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| 25 | | (p) For audits conducted on or after July 1, 2003 pursuant | 26 | | to Section
2-124(d) of this Code, 50% of the money collected as |
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| 1 | | audit fees shall be
deposited
into the General Revenue Fund.
| 2 | | (Source: P.A. 96-554, eff. 1-1-10.)
| 3 | | (625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
| 4 | | Sec. 3-806. Registration Fees; Motor Vehicles of the First
| 5 | | Division. Every owner of any other motor vehicle of the first
| 6 | | division, except as provided in Sections 3-804, 3-804.01, | 7 | | 3-805, 3-806.3, 3-806.7, and 3-808,
and every second division | 8 | | vehicle weighing 8,000 pounds or less,
shall pay the Secretary | 9 | | of State an annual registration fee
at the following rates:
|
|
10 | | SCHEDULE OF REGISTRATION FEES |
|
11 | | REQUIRED BY LAW |
|
12 | | Beginning with the 2010 registration year |
|
13 | | |
Annual |
|
|
14 | | |
Fee |
|
|
15 | | Motor vehicles of the first |
| |
|
16 | | division other than |
| |
|
17 | | Motorcycles, Motor Driven |
| |
|
18 | | Cycles and Pedalcycles |
$98 |
|
|
19 | | Motorcycles, Motor Driven |
| |
|
20 | | Cycles and Pedalcycles |
38 |
|
|
21 | | Beginning with the 2010 registration year a $1 surcharge | 22 | | shall be collected in addition to the above fees for motor | 23 | | vehicles of the first division, motorcycles, motor driven | 24 | | cycles, and pedalcycles to be deposited into the State Police |
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| 1 | | Vehicle Fund.
| 2 | | All of the proceeds of the additional fees imposed by | 3 | | Public Act 96-34 shall be deposited into the Capital Projects | 4 | | Fund. | 5 | | Beginning with the 2014 registration year, a $2 surcharge | 6 | | shall be collected in addition to the above fees for motor | 7 | | vehicles of the first division, motorcycles, motor driven | 8 | | cycles, and pedalcycles to be deposited into the Park and | 9 | | Conservation Fund for the Department of Natural Resources to | 10 | | use for conservation efforts. | 11 | | (Source: P.A. 96-34, eff. 7-13-09; 96-747, eff. 1-1-10; | 12 | | 96-1000, eff. 7-2-10; 97-412, eff. 1-1-12.)
| 13 | | Section 90-85. The Snowmobile Registration and Safety Act | 14 | | is amended by changing Sections 1-2.02, 3-2, and 3-6 as | 15 | | follows:
| 16 | | (625 ILCS 40/1-2.02) (from Ch. 95 1/2, par. 601-2.02)
| 17 | | Sec. 1-2.02.
| 18 | | "Dealer" means any person who engages in the business of | 19 | | manufacturing, selling, or dealing in, on consignment or | 20 | | otherwise, any number of new snowmobiles, or 5 or more used | 21 | | snowmobiles of any make during the year, including any | 22 | | watercraft or off-highway vehicle dealer or a person licensed | 23 | | as a new or used vehicle dealer who also sells or deals in, on | 24 | | consignment or otherwise, any number of snowmobiles as defined |
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| 1 | | by this Act a person, partnership, or corporation engaged in | 2 | | the
business of manufacturing, selling, or leasing snowmobiles | 3 | | at wholesale or
retail .
| 4 | | (Source: P.A. 78-856.)
| 5 | | (625 ILCS 40/3-2) (from Ch. 95 1/2, par. 603-2)
| 6 | | Sec. 3-2. Identification Number Application. The owner of | 7 | | each snowmobile requiring numbering by this State shall
file an | 8 | | application for number with the Department on forms approved by
| 9 | | it. The application shall be signed by the owner of the | 10 | | snowmobile and
shall be accompanied by a fee of $30. When a | 11 | | snowmobile dealer
sells a snowmobile the dealer shall, at the | 12 | | time of sale, require the buyer
to complete an application for | 13 | | the registration certificate, collect the
required fee and mail | 14 | | the application and fee to the Department no later
than 15 14 | 15 | | days after the date of sale. Combination application-receipt | 16 | | forms
shall be provided by the Department and the dealer shall | 17 | | furnish the buyer
with the completed receipt showing that | 18 | | application for registration has
been made. This completed | 19 | | receipt shall be in the possession of the user
of the | 20 | | snowmobile until the registration certificate is received. No
| 21 | | snowmobile dealer may charge an additional fee to the buyer for | 22 | | performing
this service required under this subsection. | 23 | | However, no purchaser
exempted under Section 3-11 of this Act | 24 | | shall be charged any fee or be
subject to the other | 25 | | requirements of this Section. The application form
shall so |
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| 1 | | state in clear language the requirements of this Section and | 2 | | the
penalty for violation near the place on the application | 3 | | form provided for
indicating the intention to register in | 4 | | another jurisdiction. Each dealer
shall maintain, for one year, | 5 | | a record in a form prescribed by the
Department for each | 6 | | snowmobile sold. These records shall be open to
inspection by | 7 | | the Department. Upon receipt of the application in
approved | 8 | | form the Department shall enter the same upon the records of
| 9 | | its office and issue to the applicant a certificate of number | 10 | | stating
the number awarded to the snowmobile and the name and | 11 | | address of the owner.
| 12 | | For the registration years beginning on or after January 1, | 13 | | 2017, the application shall be signed by the owner of the | 14 | | snowmobile and
shall be accompanied by a fee of $45. | 15 | | (Source: P.A. 96-1291, eff. 4-1-11 .)
| 16 | | (625 ILCS 40/3-6) (from Ch. 95 1/2, par. 603-6)
| 17 | | Sec. 3-6. Loss of certificate.
| 18 | | Should a certificate of number or registration expiration | 19 | | decal become
lost, destroyed, or mutilated beyond legibility, | 20 | | the owner of the
snowmobile shall make application to the | 21 | | Department for the replacement of
the certificate or decal, | 22 | | giving his name, address, and the number of his
snowmobile and | 23 | | shall at the same time pay to the Department a fee of $5 $1 .
| 24 | | (Source: P.A. 77-1312.)
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| 1 | | Section 90-90. The Boat Registration and Safety Act is | 2 | | amended by changing Sections 1-2, 3-1, 3-2, 3-3, 3-4, 3-5, 3-9, | 3 | | 3-11, 3-12, and 3A-16 and by adding Sections 3-1.5 and 3-7.5 as | 4 | | follows:
| 5 | | (625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2)
| 6 | | Sec. 1-2. Definitions. As used in this Act, unless the | 7 | | context clearly
requires a different meaning:
| 8 | | "Vessel" or "Watercraft" means every description of | 9 | | watercraft used or
capable of being used as a means of | 10 | | transportation on water, except a
seaplane on the water, | 11 | | innertube, air mattress or similar device, and boats
used for | 12 | | concession rides in artificial bodies of water designed and | 13 | | used
exclusively for such concessions.
| 14 | | "Motorboat" means any vessel propelled by machinery, | 15 | | whether or not such
machinery is the principal source of | 16 | | propulsion, but does not include a
vessel which has a valid | 17 | | marine document issued by the Bureau of Customs of
the United | 18 | | States Government or any Federal agency successor thereto.
| 19 | | "Non-powered watercraft" means any canoe, kayak, | 20 | | kiteboard, paddleboard, float tube, or watercraft not | 21 | | propelled by sail, canvas, or machinery of any sort. | 22 | | "Sailboat" means any watercraft propelled by sail or | 23 | | canvas, including
sailboards. For the purposes of this Act, any | 24 | | watercraft propelled by both
sail or canvas and machinery of | 25 | | any sort shall be deemed a motorboat when
being so propelled.
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| 1 | | "Airboat" means any boat (but not including airplanes or | 2 | | hydroplanes)
propelled by machinery applying force against the | 3 | | air rather than the water
as a means of propulsion.
| 4 | | "Dealer" means any person who engages in the business of | 5 | | manufacturing, selling, or dealing in, on consignment or | 6 | | otherwise, any number of new watercraft, or 5 or more used | 7 | | watercraft of any make during the year, including any | 8 | | off-highway vehicle dealer or snowmobile dealer or a person | 9 | | licensed as a new or used vehicle dealer who also sells or | 10 | | deals in, on consignment or otherwise, any number of watercraft | 11 | | as defined in this Act. | 12 | | "Lifeboat" means a small boat kept on board a larger boat | 13 | | for use in
emergency.
| 14 | | "Owner" means a person, other than lien holder, having | 15 | | title to a
motorboat. The term includes a person entitled to | 16 | | the use or possession of
a motorboat subject to an interest in | 17 | | another person, reserved or created
by agreement and securing | 18 | | payment of performance of an obligation, but the
term excludes | 19 | | a lessee under a lease not intended as security.
| 20 | | "Waters of this State" means any water within the | 21 | | jurisdiction of this
State.
| 22 | | "Person" means an individual, partnership, firm, | 23 | | corporation,
association, or other entity.
| 24 | | "Operate" means to navigate or otherwise use a motorboat or | 25 | | vessel.
| 26 | | "Department" means the Department of Natural Resources.
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| 1 | | "Competent" means capable of assisting a skier in case of | 2 | | injury or
accident.
| 3 | | "Personal flotation device" or "PFD" means a device that is | 4 | | approved by
the Commandant, U.S. Coast Guard, under Part 160 of | 5 | | Title 46 of the Code
of Federal Regulations.
| 6 | | "Recreational boat" means any vessel manufactured or used | 7 | | primarily for
noncommercial use; or leased, rented or chartered | 8 | | to another for
noncommercial use.
| 9 | | "Personal watercraft" means a vessel that uses an inboard | 10 | | motor powering
a water jet pump as its primary source of motor | 11 | | power and that is designed
to be operated by a person sitting, | 12 | | standing, or kneeling on the vessel,
rather than the | 13 | | conventional manner of sitting or standing inside the
vessel, | 14 | | and includes vessels that are similar in appearance and | 15 | | operation
but are powered by an outboard or propeller drive | 16 | | motor.
| 17 | | "Specialty prop-craft" means a vessel that is similar in | 18 | | appearance and
operation to a personal watercraft but that is | 19 | | powered by an outboard or
propeller driven motor.
| 20 | | "Underway" applies to a vessel or watercraft at all times | 21 | | except when it
is moored at a dock or anchorage area.
| 22 | | "Use" applies to all vessels on the waters of this State, | 23 | | whether moored
or underway.
| 24 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 25 | | (625 ILCS 45/3-1) (from Ch. 95 1/2, par. 313-1)
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| 1 | | Sec. 3-1. Unlawful operation of unnumbered watercraft. | 2 | | Every watercraft other than non-powered watercraft sailboards, | 3 | | on waters within
the jurisdiction of this State shall be | 4 | | numbered. No person may operate or
give permission for the | 5 | | operation of any such watercraft on such
waters unless the | 6 | | watercraft is numbered in accordance with this
Act, or in | 7 | | accordance with applicable Federal law, or in accordance with a
| 8 | | Federally-approved numbering system of another State, and | 9 | | unless (1) the
certificate of number awarded to such watercraft | 10 | | is in full
force and effect, and (2) the identifying number set | 11 | | forth in the
certificate of number is displayed on each side of | 12 | | the bow of such
watercraft.
| 13 | | (Source: P.A. 85-149.)
| 14 | | (625 ILCS 45/3-1.5 new) | 15 | | Sec. 3-1.5. Water usage stamp. Any person using a | 16 | | non-powered watercraft on the waters of this State shall have a | 17 | | valid water usage stamp affixed to an area easily visible | 18 | | either on the exterior or interior of the device. The | 19 | | Department shall establish rules and regulations for the | 20 | | purchase of water usage stamps. Each water usage stamp shall | 21 | | bear the calendar year the stamp is in effect. The fee for a | 22 | | water usage stamp is $6 per stamp for the first 3 stamps. Any | 23 | | person who purchases more than 3 water usage stamps receives | 24 | | each subsequent stamp for $3 each.
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| 1 | | (625 ILCS 45/3-2) (from Ch. 95 1/2, par. 313-2)
| 2 | | Sec. 3-2. Identification number application. The owner of | 3 | | each watercraft
requiring numbering by this State shall file an | 4 | | application for number with
the Department on forms approved by | 5 | | it. The application shall be signed by
the owner of the | 6 | | watercraft and shall be accompanied by a fee as follows:
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7 | | A. (Blank). Class A (all canoes, kayaks, and | 8 | | non-motorized paddle boats) |
$6 |
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9 | | B. Class 1 (all watercraft less |
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10 | | than 16 feet in length, except |
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11 | | non-powered watercraft. | |
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12 | | canoes, kayaks, and non-motorized paddle boats ) ... |
$18 $15 |
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13 | | C. Class 2 (all watercraft 16 |
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14 | | feet or more but less than 26 feet in length |
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15 | | except canoes, kayaks, and non-motorized paddle | 16 | | boats) . |
$50 $45 |
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17 | | D. Class 3 (all watercraft 26 feet or more |
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18 | | but less than 40 feet in length) .................. |
$150 $75 |
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19 | | E. Class 4 (all watercraft 40 feet in length |
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20 | | or more) .......................................... |
$200 $100 |
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21 | | Upon receipt of the application in approved form, and when | 22 | | satisfied
that no tax imposed pursuant to the "Municipal Use | 23 | | Tax Act" or the "County
Use Tax Act" is owed, or that such tax | 24 | | has been paid, the Department shall
enter the same upon the | 25 | | records of its office and issue to the applicant a
certificate | 26 | | of number stating the number awarded to the watercraft and
the |
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| 1 | | name and address of the owner.
| 2 | | The Department shall deposit 20% of all money collected | 3 | | from watercraft registrations into the Conservation Police | 4 | | Operations Assistance Fund. | 5 | | (Source: P.A. 93-32, eff. 7-1-03; 94-45, eff. 1-1-06.)
| 6 | | (625 ILCS 45/3-3) (from Ch. 95 1/2, par. 313-3)
| 7 | | Sec. 3-3. Identification number display.
| 8 | | A. The owner shall paint on or attach to both sides of the | 9 | | bow (front) of a
watercraft the identification number, which | 10 | | shall be of block characters at
least 3 inches in height. The | 11 | | figures shall read from left to right, be of
contrasting color | 12 | | to their background, and be maintained in a legible
condition. | 13 | | No other number shall be displayed on the bow of the boat. In
| 14 | | affixing the number to the boat, a space or a hyphen shall be | 15 | | provided
between the IL and the number and another space or | 16 | | hyphen between the
number and the letters which follow. On | 17 | | vessels of
unconventional design or constructed so that it is | 18 | | impractical or
impossible to display identification numbers in | 19 | | a prominent position on the
forward half of their hulls or | 20 | | permanent substructures, numbers may be
displayed in brackets | 21 | | or fixtures firmly attached to the vessel. Exact
positioning of | 22 | | the numbers in brackets or protruding fixtures shall be
| 23 | | discretionary with vessel owners, providing the numbers are | 24 | | placed on the
forward half of the vessel and meet the standard | 25 | | requirements for
legibility, size, style and contrast with the |
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| 1 | | background.
| 2 | | B. A watercraft already covered by a number in full force | 3 | | and effect which
has been awarded to it pursuant to Federal law | 4 | | is exempt from number
display as prescribed by this Section.
| 5 | | C. All non-powered watercraft canoes and kayaks are exempt | 6 | | from number display as
prescribed by this Section.
| 7 | | (Source: P.A. 87-391.)
| 8 | | (625 ILCS 45/3-4) (from Ch. 95 1/2, par. 313-4)
| 9 | | Sec. 3-4. Destruction, sale, transfer or abandonment. The | 10 | | owner of any watercraft shall
within 15 days notify the | 11 | | Department if the watercraft is
destroyed or abandoned, or is | 12 | | sold or transferred either wholly or in part
to another person | 13 | | or persons. In sale or transfer cases, the notice shall be
| 14 | | accompanied by a surrender of the certificate of number. In | 15 | | destruction or
abandonment cases, the notice shall be | 16 | | accompanied by a surrender of the
certificate of title. When | 17 | | the surrender
of the certificate is by reason of the watercraft | 18 | | being
destroyed or abandoned, the Department shall cancel the | 19 | | certificate and
enter such fact in its records. The Department | 20 | | shall be notified in writing
of any change of address. Should | 21 | | the owner desire a new certificate of
number, showing the new | 22 | | address, he shall surrender his old certificate and
notify the | 23 | | Department of the new address, remitting $1 to cover the
| 24 | | issuance of a new certificate of number. If the surrender is by | 25 | | reason of a
sale or transfer either wholly or in part to |
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| 1 | | another person or persons, the
owner surrendering the | 2 | | certificate shall state to the Department, under
oath, the name | 3 | | of the purchaser or transferee.
| 4 | | Non-powered watercraft are exempt from this Section. | 5 | | (Source: P.A. 85-149.)
| 6 | | (625 ILCS 45/3-5) (from Ch. 95 1/2, par. 313-5)
| 7 | | Sec. 3-5. Transfer of Identification Number. The purchaser | 8 | | of a watercraft
shall, within 15 days after acquiring same, | 9 | | make application to the Department
for transfer to him of the | 10 | | certificate of number issued to the watercraft
giving his name, | 11 | | address and the number of the boat. The purchaser shall apply
| 12 | | for a transfer-renewal for a fee as prescribed under Section | 13 | | 3-2 of this Act
for approximately 3 years. All transfers will | 14 | | bear June 30 expiration dates in
the calendar year of | 15 | | expiration. Upon receipt of the application and fee,
together | 16 | | with proof that any tax imposed under the Municipal Use Tax Act
| 17 | | or County Use Tax Act has been paid or that no such tax is owed, | 18 | | the Department
shall transfer the certificate of number issued | 19 | | to the watercraft to the new
owner.
| 20 | | Unless the application is made and fee paid, and proof of | 21 | | payment of
municipal use tax or county use tax or nonliability | 22 | | therefor is made,
within 30 days, the watercraft shall be | 23 | | deemed to be without certificate of
number and it shall be | 24 | | unlawful for any person to operate the watercraft until
the | 25 | | certificate is issued.
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| 1 | | Non-powered watercraft are exempt from this Section. | 2 | | (Source: P.A. 87-1109.)
| 3 | | (625 ILCS 45/3-7.5 new) | 4 | | Sec. 3-7.5. Replacement water usage sticker. If a water | 5 | | usage sticker is lost, destroyed, or mutilated beyond | 6 | | legibility, a new water usage sticker shall be required before | 7 | | the non-powered watercraft is used on the waters of this State.
| 8 | | (625 ILCS 45/3-9) (from Ch. 95 1/2, par. 313-9)
| 9 | | Sec. 3-9. Certificate of Number. Every certificate of | 10 | | number awarded
pursuant to this Act shall continue in full | 11 | | force and effect for
approximately 3 years unless sooner | 12 | | terminated or discontinued in
accordance with this Act. All new | 13 | | certificates issued will bear June 30
expiration dates in the | 14 | | calendar year 3 years after the issuing date.
Provided however, | 15 | | that the Department may, for purposes of implementing
this | 16 | | Section, adopt rules for phasing in the issuance of new | 17 | | certificates
and provide for 1, 2 or 3 year expiration dates | 18 | | and pro-rated payments or
charges for each registration.
| 19 | | All certificates shall be renewed for 3 years from the | 20 | | nearest June 30
for a fee as prescribed in Section 3-2 of this | 21 | | Act. All certificates
will be invalid after July 15 of the year | 22 | | of expiration. All certificates
expiring in a given year shall | 23 | | be renewed between January 1 and June 30 of
that year, in order | 24 | | to allow sufficient time for processing.
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| 1 | | The Department shall issue "registration expiration | 2 | | decals" with all new
certificates of number, all certificates | 3 | | of number transferred and renewed
and all certificates of | 4 | | number renewed. The decals issued for each year
shall be of a | 5 | | different and distinct color from the decals of each other
year | 6 | | currently displayed. The decals shall be affixed to each side | 7 | | of the
bow of the watercraft, except for federally documented | 8 | | vessels, in the
manner prescribed by the rules and regulations | 9 | | of the Department.
Federally documented vessels shall have | 10 | | decals affixed to the watercraft on
each side of the federally | 11 | | documented name of the vessel in the manner
prescribed by the | 12 | | rules and regulations of the Department.
| 13 | | The Department shall fix a day and month of the year on | 14 | | which
certificates of number due to expire shall lapse and no | 15 | | longer be of any
force and effect unless renewed pursuant to | 16 | | this Act.
| 17 | | No number or registration expiration decal other than the | 18 | | number awarded
or the registration expiration decal issued to a | 19 | | watercraft or
granted reciprocity pursuant to this Act shall be | 20 | | painted, attached, or
otherwise displayed on either side of the | 21 | | bow of such watercraft.
A person engaged in the operation of a | 22 | | licensed boat livery shall pay a
fee as prescribed under | 23 | | Section 3-2 of this Act for each watercraft used in
the livery | 24 | | operation.
| 25 | | A person engaged in the manufacture or sale of watercraft | 26 | | of
a type otherwise required to be numbered hereunder, upon |
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| 1 | | application to the
Department upon forms prescribed by it, may | 2 | | obtain certificates of number
for use in the testing or | 3 | | demonstrating of such watercraft upon
payment of $10 for each | 4 | | registration. Certificates of number so issued may
be used by | 5 | | the applicant in the testing or demonstrating of watercraft
by | 6 | | temporary placement of the numbers assigned by such
| 7 | | certificates on the watercraft so tested or demonstrated.
| 8 | | Non-powered watercraft are exempt from this Section. | 9 | | (Source: P.A. 87-798.)
| 10 | | (625 ILCS 45/3-11) (from Ch. 95 1/2, par. 313-11)
| 11 | | Sec. 3-11. Penalty. No person
shall at any time falsely | 12 | | alter or change in any manner a
certificate of number or water | 13 | | usage stamp issued under the provisions hereof, or falsify any
| 14 | | record required by this Act, or counterfeit any form of license | 15 | | provided
for by this Act.
| 16 | | (Source: P.A. 82-783.)
| 17 | | (625 ILCS 45/3-12) (from Ch. 95 1/2, par. 313-12)
| 18 | | Sec. 3-12. Exemption from numbering provisions of this Act. | 19 | | A watercraft
shall not be required to be numbered under this | 20 | | Act if it is:
| 21 | | A. A watercraft which has a valid marine document issued by | 22 | | the United
States Coast Guard, provided the owner of any such | 23 | | vessel used upon the
waters of this State for more than 60 days | 24 | | in any calendar year shall be
required to comply with the |
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| 1 | | registration requirements of Section 3-9 of this
Act.
| 2 | | B. Already covered by a number in full force and effect | 3 | | which has been
awarded to it pursuant to Federal law or a | 4 | | Federally-approved numbering
system of another State, if such | 5 | | boat will not be within this State for a
period in excess of 60 | 6 | | consecutive days.
| 7 | | C. A watercraft from a country other than the United States | 8 | | temporarily
using the waters of this State.
| 9 | | D. A watercraft whose owner is the United States, a State | 10 | | or a subdivision
thereof, and used solely for official purposes | 11 | | and clearly identifiable.
| 12 | | E. A vessel used exclusively as a ship's lifeboat.
| 13 | | F. A watercraft belonging to a class of boats which has | 14 | | been exempted from
numbering by the Department after such | 15 | | agency has found that an agency of the
Federal Government has a | 16 | | numbering system applicable to the class of watercraft
to which | 17 | | the watercraft in question belongs and would be exempt from | 18 | | numbering
if it were subject to the Federal law.
| 19 | | G. Watercraft while competing in any race approved by the | 20 | | Department under
the provisions of Section 5-15 of this Act or | 21 | | if the watercraft is designed and
intended solely for racing | 22 | | while engaged in navigation that is incidental to
preparation | 23 | | of the watercraft for the race. Preparation of the watercraft | 24 | | for
the race may be accomplished only after obtaining the | 25 | | written authorization of
the Department.
| 26 | | H. Non-powered, owned and operated on water completely |
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| 1 | | impounded on land
belonging to the owner of the watercraft. | 2 | | This Section does not apply to water
controlled by a club or | 3 | | association.
| 4 | | I. A non-powered watercraft. A canoe or kayak which is | 5 | | owned by an organization which is organized and
conducted on a | 6 | | not-for-profit basis with no personal profit inuring to anyone
| 7 | | as a result of the operation.
| 8 | | (Source: P.A. 88-524.)
| 9 | | (625 ILCS 45/3A-16) (from Ch. 95 1/2, par. 313A-16)
| 10 | | Sec. 3A-16. Fees. Fees shall be paid according to the
| 11 | | following schedule:
|
|
12 | | Certificate of title .................... |
$10 $ 7 |
|
13 | | Duplicate certificate of title .......... |
7 5 |
|
14 | | Corrected certificate of title .......... |
7 5 |
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15 | | Search .................................. |
7 5 |
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16 | | (Source: P.A. 85-149.)
| 17 | | ARTICLE 95-95. | 18 | | Section 95-95. No acceleration or delay. Where this Act | 19 | | makes changes in a statute that is represented in this Act by | 20 | | text that is not yet or no longer in effect (for example, a | 21 | | Section represented by multiple versions), the use of that text | 22 | | does not accelerate or delay the taking effect of (i) the | 23 | | changes made by this Act or (ii) provisions derived from any |
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| 1 | | other Public Act. | 2 | | Section 95-97. Severability. The provisions of this Act are | 3 | | severable under Section 1.31 of the Statute on Statutes. | 4 | | ARTICLE 99.
| 5 | | Section 99-99. Effective date. This Act takes effect | 6 | | January 1, 2013.".
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