Illinois General Assembly - Full Text of SB1817
Illinois General Assembly

Previous General Assemblies

Full Text of SB1817  102nd General Assembly

SB1817sam001 102ND GENERAL ASSEMBLY

Sen. Rachelle Crowe

Filed: 3/16/2021

 

 


 

 


 
10200SB1817sam001LRB102 16388 KMF 23665 a

1
AMENDMENT TO SENATE BILL 1817

2    AMENDMENT NO. ______. Amend Senate Bill 1817 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Fish and Aquatic Life Code is amended by
5changing 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
8Department of Natural Resources has the authority to designate
9agents to sell licenses, stamps, and permits on behalf of the
10Department. Any person receiving licenses from the Department
11for sale as provided in this Section (i) shall execute and
12deliver receipts for the licenses; (ii) shall, on dates
13specified by the Department, report in writing to the
14Department the number and kinds of licenses sold; and (iii)
15shall, with the report, make remittance to the Department
16covering the amounts due it from the sales. Failure on the part

 

 

10200SB1817sam001- 2 -LRB102 16388 KMF 23665 a

1of any clerk or agent to fully comply with the provisions of
2this Code, including administrative rules, shall be
3justification for the Department to cancel or withdraw the
4issuance of licenses through that clerk or agent. A salmon
5stamp shall be deemed a license for the purposes of this
6Section.
7    (a) Any person appointed or designated by the Department
8including any county, city, village, township, or incorporated
9town clerk issuing licenses provided for in this Code may add
10the fees provided in paragraph (b) as the fee for issuing the
11licenses. These clerks, however, shall remit to the treasurer
12of the political subdivision of which he or she is an officer
13or employee, the added fees or any portion of the added fees he
14or she collects provided in paragraph (b). Issuing fees may be
15divided between the clerks and their appointed subagents other
16than employees of the clerk's office, but in no case may any
17clerk or subagent charge an issuing fee or fees totaling more
18than the issuing fee set out in this Section.
19    (b) Any person authorized to issue licenses under
20subsection (a) may add to the license fee a fee of $.75 in the
21case of Sportsmen's Combination Licenses or nonresident
22hunting licenses, and $.50 in the case of all other licenses,
23permits, and stamps.
24    (c) No person or subagent of any county, city, village,
25township, or incorporated town clerk may charge a service fee
26for issuing licenses provided for in this Code, and the

 

 

10200SB1817sam001- 3 -LRB102 16388 KMF 23665 a

1charging of fees for issuing licenses in excess of the fees
2authorized is a petty offense. Any person authorized to issue
3licenses by telephone and electronic transmission or incurring
4costs for customer convenience may charge in addition to the
5"issuing fee" authorized by this Section a fee not to exceed an
6amount set by the Department, by administrative rule, to cover
7the transaction cost.
8    (d) Except as provided in subsection (d-5), all All fees,
9less issuing fees, collected from the sale of licenses and
10permits and not remitted to the Department as provided in this
11Section shall be deemed to have been embezzled and the person
12or officer responsible for the remittance is subject to
13prosecution. No person handling or selling licenses is
14required to remit for any license now or hereafter stolen, by
15means of forcible entry, or destroyed by a fire in the premises
16where the licenses are kept, if he or she submits an affidavit
17to the Department describing the circumstances of the theft or
18cause of the destruction and listing in the affidavit the type
19and numbers of the licenses so stolen or destroyed.
20    (d-5) Any person authorized to issue licenses under
21subsection (a) who operates a business with only one location
22in the state may withhold the following amounts from the fees
23to be remitted to the Department: $0.75 in the case of
24Sportsmen's Combination Licenses or nonresident hunting
25licenses, and $0.50 in the case of all other licenses,
26permits, and stamps.

 

 

10200SB1817sam001- 4 -LRB102 16388 KMF 23665 a

1    (e) Within 30 days after the expiration of the time in
2which any class of license is usable, payment for licenses
3sold shall be made in full to the Department and persons
4possessing unused license forms shall return them to the
5Department prepaid.
6    (f) No person is permitted to make deductions from
7remittances sent to the Department for postage or for the cost
8of, or fees for, drafts or money orders.
9    (g) Any county, city, village, township, or incorporated
10town clerk handling or selling licenses as provided in this
11Section is liable to the State personally. All other persons
12designated or appointed by the Department to handle or sell
13licenses as provided in this Section shall, before receiving
14any licenses for sale, file with the Department a bond in an
15amount specified by the Department on a form to be approved by
16and with a surety or sureties satisfactory to the Department
17conditioned upon the person or persons paying to the State of
18Illinois all monies becoming due by reason of the sale of the
19licenses.
20    (h) No person shall falsify, alter, or change in any
21manner, or loan or transfer to another, any license, permit,
22or tag issued under this Section or falsify any records
23required by this Code or counterfeit or duplicate any form of
24license, permit, or tag provided for by this Code. Any person
25who violates this subsection shall be subject to the penalty
26provisions of Section 20-35 of this Code.

 

 

10200SB1817sam001- 5 -LRB102 16388 KMF 23665 a

1(Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97;
290-743, eff. 1-1-99.)".