Full Text of SB1817 102nd General Assembly
SB1817sam001 102ND GENERAL ASSEMBLY | Sen. Rachelle Crowe Filed: 3/16/2021
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| 1 | | AMENDMENT TO SENATE BILL 1817
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1817 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Fish and Aquatic Life Code is amended by | 5 | | changing Section 20-120 as follows:
| 6 | | (515 ILCS 5/20-120) (from Ch. 56, par. 20-120)
| 7 | | Sec. 20-120. Designation of agents; liability; bond. The | 8 | | Department of
Natural Resources has the authority to designate | 9 | | agents to
sell licenses, stamps, and permits on behalf of the | 10 | | Department. Any person
receiving licenses from the Department | 11 | | for sale as provided in this Section (i)
shall execute and | 12 | | deliver receipts for the licenses; (ii) shall, on dates
| 13 | | specified by the Department, report in writing to the | 14 | | Department the number and
kinds of licenses sold; and (iii) | 15 | | shall, with the report, make remittance to
the Department | 16 | | covering the amounts due it from the sales. Failure on the part
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| 1 | | of any clerk or agent to fully comply with the provisions of | 2 | | this Code,
including administrative rules, shall be | 3 | | justification for the Department to
cancel or withdraw the | 4 | | issuance of licenses through that clerk or agent. A
salmon | 5 | | stamp shall be deemed a license for the purposes of this | 6 | | Section.
| 7 | | (a) Any person appointed or designated by the Department | 8 | | including any
county, city, village, township, or incorporated | 9 | | town clerk issuing licenses
provided for in this Code may add | 10 | | the fees provided in paragraph (b) as the
fee for issuing the | 11 | | licenses. These clerks, however, shall remit to the
treasurer | 12 | | of the political subdivision of which he or she is an officer | 13 | | or
employee, the added fees or any portion of the added fees he | 14 | | or she
collects provided in paragraph (b). Issuing fees may be | 15 | | divided between the
clerks and their appointed subagents other | 16 | | than employees of the clerk's
office, but in no case may any | 17 | | clerk or subagent charge an issuing fee or
fees totaling more | 18 | | than the issuing fee set out in this Section.
| 19 | | (b) Any person authorized to issue licenses under | 20 | | subsection (a) may add
to the license fee a fee of $.75 in the | 21 | | case of Sportsmen's Combination
Licenses or nonresident | 22 | | hunting licenses, and $.50 in the case of all other
licenses, | 23 | | permits, and stamps.
| 24 | | (c) No person or subagent of any county, city, village, | 25 | | township, or
incorporated town clerk may charge a service fee | 26 | | for issuing licenses
provided for in this Code, and the |
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| 1 | | charging of fees for issuing licenses in
excess of the fees | 2 | | authorized is a petty offense.
Any person authorized to issue | 3 | | licenses by telephone and electronic
transmission or incurring | 4 | | costs for customer convenience may charge in addition
to the | 5 | | "issuing fee" authorized by this Section a fee not to exceed an | 6 | | amount
set by the Department, by administrative rule, to cover | 7 | | the transaction cost.
| 8 | | (d) Except as provided in subsection (d-5), all All fees, | 9 | | less issuing fees, collected from the sale of licenses and
| 10 | | permits and not
remitted to the Department as provided in this | 11 | | Section shall be deemed
to have been embezzled and the person | 12 | | or officer responsible for the
remittance is subject to | 13 | | prosecution. No person handling or selling
licenses is | 14 | | required to remit for any license now or hereafter stolen,
by | 15 | | means of forcible entry, or destroyed by a fire in the premises | 16 | | where
the licenses are kept, if he or she submits an affidavit | 17 | | to the Department
describing the circumstances of the theft or | 18 | | cause of the destruction
and listing in the affidavit the type | 19 | | and numbers of the licenses so stolen
or destroyed. | 20 | | (d-5) Any person authorized to issue licenses under | 21 | | subsection (a) who operates a business with only one location | 22 | | in the state may withhold the following amounts from the fees | 23 | | to be remitted to the Department: $0.75 in the case of | 24 | | Sportsmen's Combination Licenses or nonresident hunting | 25 | | licenses, and $0.50 in the case of all other licenses, | 26 | | permits, and stamps.
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| 1 | | (e) Within 30 days after the expiration of the time in | 2 | | which any
class of license is usable, payment for licenses | 3 | | sold shall be made in
full to the Department and persons | 4 | | possessing unused
license forms shall return them to the | 5 | | Department prepaid.
| 6 | | (f) No person is permitted to make deductions from | 7 | | remittances sent
to the Department for postage or for the cost | 8 | | of, or fees for, drafts
or money orders.
| 9 | | (g) Any county, city, village, township, or incorporated | 10 | | town clerk
handling or selling licenses as provided in this | 11 | | Section is liable to
the State personally. All other persons | 12 | | designated or appointed by the
Department to handle or sell | 13 | | licenses as provided in this Section shall,
before receiving | 14 | | any licenses for sale, file with the Department a bond
in an | 15 | | amount specified by the Department on a form to be approved by | 16 | | and
with a surety or sureties satisfactory to the Department | 17 | | conditioned
upon the person or persons paying to the State of | 18 | | Illinois all monies
becoming due by reason of the sale of the | 19 | | licenses.
| 20 | | (h) No person shall falsify, alter, or change in any | 21 | | manner, or loan
or transfer to another, any license, permit, | 22 | | or tag issued under this
Section or falsify any records | 23 | | required by this Code or counterfeit or
duplicate any form of | 24 | | license, permit, or tag provided for by this Code.
Any person | 25 | | who violates this subsection shall be subject to the penalty
| 26 | | provisions of Section 20-35 of this Code.
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| 1 | | (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97; | 2 | | 90-743, eff.
1-1-99.)".
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