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90_SB1195ham002 LRB9007301PTmbam01 1 AMENDMENT TO SENATE BILL 1195 2 AMENDMENT NO. . Amend Senate Bill 1195 on page 1, by 3 replacing lines 1 and 2 with the following: 4 "AN ACT concerning wildlife."; and 5 on page 1, by inserting below line 4 the following: 6 "Section 3. The Fish and Aquatic Life Code is amended by 7 changing Sections 1-230, 20-5, 20-45, and 20-55 as follows: 8 (515 ILCS 5/1-230) (from Ch. 56, par. 1-230) 9 Sec. 1-230. Wildlife and Fish Fund; disposition of money 10 received. All fees, fines, income of whatever kind or nature 11 derived from hunting and fishing activities on lands, waters, 12 or both under the jurisdiction or control of the Department, 13 and all penalties collected under this Code shall be 14 deposited into the State Treasury and shall be set apart in a 15 special fund to be known as the Wildlife and Fish Fund; 16 except that fees derived solely from the sale of
one day Lake17 Michigan sport fishing licenses,salmon stamps, income from 18 art contests for the salmon stamp, including income from the 19 sale of reprints, and gifts, donations, grants, and bequests 20 of money for the conservation and propagation of salmon shall 21 be deposited into the State Treasury and set apart in the -2- LRB9007301PTmbam01 1 special fund to be known as the Salmon Fund; and except that 2 fees derived solely from the sale of state migratory 3 waterfowl stamps, and gifts, donations, grants and bequests 4 of money for the conservation and propagation of waterfowl, 5 shall be deposited into the State Treasury and set apart in 6 the special fund to be known as the State Migratory Waterfowl 7 Stamp Fund. All interest that accrues from moneys in the 8 Wildlife and Fish Fund, the Salmon Fund, and the State 9 Migratory Waterfowl Stamp Fund shall be retained in those 10 funds respectively. Appropriations from the Wildlife and Fish 11 Fund shall be made only to the Department for the carrying 12 out of the powers and functions vested by law in the 13 Department, including (i) the purchase of land for fish 14 hatcheries, wildlife refuges, preserves, and public shooting 15 and fishing grounds; (ii) the purchase and distribution of 16 wild birds, the eggs of wild birds, and wild mammals; (iii) 17 the rescuing, restoring and distributing of fish; (iv) the 18 maintenance of wildlife refuges or preserves, public shooting 19 grounds, public fishing grounds, and fish hatcheries; and (v) 20 the feeding and care of wild birds, wild mammals, and fish. 21 Appropriations from the Salmon Fund shall be made only to the 22 Department to be used solely for the conservation and 23 propagation of salmon, including construction, operation, and 24 maintenance of a cold water hatchery, and for payment of the 25 costs of printing salmon stamps, the expenses incurred in 26 acquiring salmon stamp designs, and the expenses of producing 27 reprints. 28 Appropriations from the State Migratory Waterfowl Stamp 29 Fund shall be made only to the Department to be used solely 30 for the following purposes: 31 (a) 50% of funds derived from the sale of State 32 migratory waterfowl stamps and 100% of all gifts, 33 donations, grants, and bequests of money for the 34 conservation and propagation of waterfowl for projects -3- LRB9007301PTmbam01 1 approved by the Department shall be used for the purpose 2 of attracting waterfowl and improving public migratory 3 waterfowl areas within the State. These projects may 4 include the repair, maintenance, and operation of these 5 areas only in emergencies as determined by the State Duck 6 Stamp Committee; but none of the moneys spent within the 7 State shall be used for administrative expenses. 8 (b) 50% of funds derived from the sale of State 9 migratory waterfowl stamps shall be turned over by the 10 Department to appropriate non-profit organizations for 11 the development of waterfowl propagation areas within the 12 Dominion of Canada or the United States that specifically 13 provide waterfowl for the Mississippi Flyway. Before 14 turning over any moneys from the State Migratory 15 Waterfowl Stamp Fund, the Department shall obtain 16 evidence that the project is acceptable to the 17 appropriate governmental agency of the Dominion of Canada 18 or the United States or of one of its Provinces or States 19 having jurisdiction over the lands and waters affected by 20 the project and shall consult those agencies and the 21 State Duck Stamp Committee for approval before allocating 22 funds. 23 (Source: P.A. 87-833; 88-91.) 24 (515 ILCS 5/20-5) (from Ch. 56, par. 20-5) 25 Sec. 20-5. Necessity of license; exemptions. 26 (a) Any person taking or attempting to take any fish, 27 including minnows for commercial purposes, turtles, mussels, 28 crayfish, or frogs by any means whatever in any waters or 29 lands wholly or in part within the jurisdiction of the State, 30 including that part of Lake Michigan under the jurisdiction 31 of this State, shall first obtain a license to do so, and 32 shall do so only during the respective periods of the year 33 when it shall be lawful as provided in this Code. Individuals -4- LRB9007301PTmbam01 1 under 16, blind or disabled residents, or individuals fishing 2 at fee fishing areas licensed by the Department, however, may 3 fish with sport fishing devices without being required to 4 have a license. For the purpose of this Section an 5 individual is blind or disabled if that individual has a 6 Class 2 disability as defined in Section 4A of the Illinois 7 Identification Card Act. For purposes of this Section an 8 Illinois Disabled Person Identification Card issued under the 9 Illinois Identification Card Act indicating that the 10 individual named on the card has a Class 2 disability shall 11 be adequate documentation of a disability. 12 (b) A courtesy non-resident sport fishing license or 13 stamp may be issued at the discretion of the Director, 14 without fee, to (i) any individual officially employed in the 15 wildlife and fish or conservation department of another state 16 or of the United States who is within the State to assist or 17 consult or cooperate with the Director or (ii) the officials 18 of other states, the United States, foreign countries, or 19 officers or representatives of conservation organizations or 20 publications while in the State as guests of the Governor or 21 Director. 22 (c) The Director may issue special fishing permits 23 without cost to groups of hospital patients or handicapped 24 individuals for use on specified dates in connection with 25 supervised fishing for therapy. 26 (d) Veterans who, according to the determination of the 27 Veterans' Administration as certified by the Department of 28 Veterans' Affairs, are at least 10% disabled with 29 service-related disabilities or in receipt of total 30 disability pensions may fish with sport fishing devices 31 during those periods of the year it is lawful to do so 32 without being required to have a license, on the condition 33 that their respective disabilities do not prevent them from 34 fishing in a manner which is safe to themselves and others. -5- LRB9007301PTmbam01 1 (e) Each year the Director may designate a period, not 2 to exceed 4 days in duration, when sport fishermen may fish 3 waters wholly or in part within the jurisdiction of the 4 State, including that part of Lake Michigan under the 5 jurisdiction of the State, and not be required to obtain the 6 license or stamp required by subsection (a) of this Section, 7 Section 20-10 or subsection (a) of Section 20-55. The term of 8 any such period shall be established by administrative rule. 9 This subsection shall not apply to commercial fishing. 10 (f) The Director may issue special fishing permits 11 without cost for a group event, restricted to specific dates 12 and locations if it is determined by the Department that the 13 event is beneficial in promoting sport fishing in Illinois. 14 (Source: P.A. 88-91; 89-66, eff. 1-1-96.) 15 (515 ILCS 5/20-45) (from Ch. 56, par. 20-45) 16 Sec. 20-45. License fees for residents. Fees for 17 licenses for residents of the State of Illinois shall be as 18 follows: 19 (a) Except as otherwise provided in this Section, 20 for sport fishing devices as defined in Section 10-95 or 21 spearing devices as defined in Section 10-110 the fee is 22 $12.50 for individuals 16 to 64 years old, and one-half 23 of the current fishing license fee for individuals age 65 24 or older, commencing with the 1994 license year. 25 (b) All residents before using any commercial 26 fishing device shall obtain a commercial fishing license, 27 the fee for which shall be $35. Each and every commercial 28 device used shall be licensed by a resident commercial 29 fisherman as follows: 30 (1) For each 100 lineal yards, or fraction 31 thereof, of seine the fee is $18. For each minnow 32 seine, minnow trap, or net for commercial purposes 33 the fee is $20. -6- LRB9007301PTmbam01 1 (2) For each device to fish with a 100 hook 2 trot line device, basket trap, hoop net, or dip net 3 the fee is $3. 4 (3) When used in the waters of Lake Michigan, 5 for the first 2000 lineal feet, or fraction thereof, 6 of gill net the fee is $10; and for each 1000 7 additional lineal feet, or fraction thereof, the fee 8 is $10. These fees shall apply to all gill nets in 9 use in the water or on drying reels on the shore. 10 (4) For each 100 lineal yards, or fraction 11 thereof, of gill net or trammel net the fee is $18. 12 (c) Residents of the State of Illinois may obtain a 13 sportsmen's combination license that shall entitle the 14 holder to the same non-commercial fishing privileges as 15 residents holding a license as described in subsection 16 (a) of this Section and to the same hunting privileges as 17 residents holding a license to hunt all species as 18 described in Section 3.1 of the Wildlife Code. No 19 sportsmen's combination license shall be issued to any 20 individual who would be ineligible for either the fishing 21 or hunting license separately. The sportsmen's 22 combination license fee shall be $18.50. For residents 23 age 65 or older, the fee is one-half of the fee charged 24 for a sportsmen's combination license. 25 (d) For 24 hours of fishing one day for fishing in26 Lake Michiganby sport fishing devices as defined in 27 Section 10-95 or by spearing devices as defined in 28 Section 10-110 the fee is $5. This license exempts the 29 licensee from the requirement for a salmon or inland 30 trout stamp. The licenses provided for by this subsection 31 are not required for residents of the State of Illinois 32 who have obtained the license provided for in subsection 33 (a) of this Section. 34 (e) All residents before using any commercial -7- LRB9007301PTmbam01 1 mussel device shall obtain a commercial mussel license, 2 the fee for which shall be $50. 3 (f) Residents of this State, upon establishing 4 residency as required by the Department, may obtain a 5 lifetime hunting or fishing license or lifetime 6 sportsmen's combination license which shall entitle the 7 holder to the same non-commercial fishing privileges as 8 residents holding a license as described in paragraph (a) 9 of this Section and to the same hunting privileges as 10 residents holding a license to hunt all species as 11 described in Section 3.1 of the Wildlife Code. No 12 lifetime sportsmen's combination license shall be issued 13 to or retained by any individual who would be ineligible 14 for either the fishing or hunting license separately, 15 either upon issuance, or in any year a violation would 16 subject an individual to have either or both fishing or 17 hunting privileges rescinded. The lifetime hunting and 18 fishing license fees shall be as follows: 19 (1) Lifetime fishing: 30 x the current 20 fishing license fee. 21 (2) Lifetime hunting: 30 x the current 22 hunting license fee. 23 (3) Lifetime sportsmen's combination license: 24 30 x the current sportsmen's combination license 25 fee. 26 Lifetime licenses shall not be refundable. A $10 fee 27 shall be charged for reissuing any lifetime license. The 28 Department may establish rules and regulations for the 29 issuance and use of lifetime licenses and may suspend or 30 revoke any lifetime license issued under this Section for 31 violations of those rules or regulations or other provisions 32 under this Code or the Wildlife Code. Individuals under 16 33 years of age who possess a lifetime hunting or sportsmen's 34 combination license shall have in their possession, while in -8- LRB9007301PTmbam01 1 the field, a certificate of competency as required under 2 Section 3.2 of the Wildlife Code. Any lifetime license 3 issued under this Section shall not exempt individuals from 4 obtaining additional stamps or permits required under the 5 provisions of this Code or the Wildlife Code. Individuals 6 required to purchase additional stamps shall sign the stamps 7 and have them in their possession while fishing or hunting 8 with a lifetime license. All fees received from the issuance 9 of lifetime licenses shall be deposited in the Fish and 10 Wildlife Endowment Fund. 11 Except for licenses issued under subsection (e) of this 12 Section, all licenses provided for in this Section shall 13 expire on March 31 of each year, except that the license 14 provided for in subsection (d) of this Section shall expire 15 24 hours after the effective date and time listed on the face 16 of the license at midnight on the day for which the license17 was issued. 18 All individuals required to have and failing to have the 19 license provided for in subsection (a) or (d) of this Section 20 shall be fined according to the provisions of Section 20-35 21 of this Code. 22 All individuals required to have and failing to have the 23 licenses provided for in subsections (b) and (e) of this 24 Section shall be guilty of a Class B misdemeanor. 25 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.) 26 (515 ILCS 5/20-55) (from Ch. 56, par. 20-55) 27 Sec. 20-55. License fees for non-residents. Fees for 28 licenses for non-residents of the State of Illinois are as 29 follows: 30 (a) For sport fishing devices as defined by Section 31 10-95, or spearing devices as defined in Section 10-110, 32 non-residents age 16 or older shall be charged $24 for a 33 fishing license to fish. For sport fishing devices as defined -9- LRB9007301PTmbam01 1 by Section 10-95, or spearing devices as defined in Section 2 10-110, for a period not to exceed 10 consecutive days 3 fishing in the State of Illinois the fee is $12.50. 4 For sport fishing devices as defined in Section 10-95, or 5 spearing devices as defined in Section 10-110, for 24 hours 6 of fishing one day for fishing in Lake Michiganthe fee is 7 $5. This license exempts the licensee from the salmon or 8 inland trout stamp requirement. 9 (b) All non-residents before using any commercial 10 fishing device shall obtain a non-resident commercial fishing 11 license, the fee for which shall be $150. Each and every 12 commercial device shall be licensed by a non-resident 13 commercial fisherman as follows: 14 (1) For each 100 lineal yards, or fraction thereof, 15 of seine (excluding minnow seines) the fee is $36. 16 (2) For each device to fish with a 100 hook trot 17 line device, basket trap, hoop net, or dip net the fee is 18 $6. 19 (3) For each 100 lineal yards, or fraction thereof, 20 of trammel net the fee is $36. 21 (4) For each 100 lineal yards, or fraction thereof, 22 of gill net the fee is $36. 23 All persons required to have and failing to have the 24 license provided for in subsection (a) of this Section shall 25 be fined under Section 20-35 of this Code. Each person 26 required to have and failing to have the licenses required 27 under subsection (b) of this Section shall be guilty of a 28 Class B misdemeanor. 29 All licenses provided for in this Section shall expire on 30 March 31 of each year; except that the 24-hour license for 31 sport fishing devices or spearing devices shall expire 24 32 hours after the effective date and time listed on the face of 33 the license and licenses for sport fishing devices or 34 spearing devices for a period not to exceed 10 consecutive -10- LRB9007301PTmbam01 1 days fishing in the State of Illinois as provided in 2 subsection (a) of this Section shall expire at midnight on 3 the tenth day after issued, not counting the day issued. 4 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.) 5 (515 ILCS 5/20-120) (from Ch. 56, par. 20-120) 6 Sec. 20-120. Designation of agents; liability; bond. The 7 Department of Natural Resources has the authority to 8 designate agents to sell licenses, stamps, and permits on 9 behalf of the Department. Any person receiving licenses from 10 the Department for sale as provided in this Section (i) shall 11 execute and deliver receipts for the licenses; (ii) shall, on 12 dates specified by the Department, report in writing to the 13 Department the number and kinds of licenses sold; and (iii) 14 shall, with the report, make remittance to the Department 15 covering the amounts due it from the sales. Failure on the 16 part of any clerk or agent to fully comply with the 17 provisions of this Code, including administrative rules, 18 shall be justification for the Department to cancel or 19 withdraw the issuance of licenses through that clerk or 20 agent. A salmon stamp shall be deemed a license for the 21 purposes of this Section. 22 (a) Any person appointed or designated by the Department 23 including any county, city, village, township, or 24 incorporated town clerk issuing licenses provided for in this 25 Code may add the fees provided in paragraph (b) as the fee 26 for issuing the licenses. These clerks, however, shall remit 27 to the treasurer of the political subdivision of which he or 28 she is an officer or employee, the added fees or any portion 29 of the added fees he or she collects provided in paragraph 30 (b). Issuing fees may be divided between the clerks and their 31 appointed subagents other than employees of the clerk's 32 office, but in no case may any clerk or subagent charge an 33 issuing fee or fees totaling more than the issuing fee set -11- LRB9007301PTmbam01 1 out in this Section. 2 (b) Any person authorized to issue licenses under 3 subsection (a) may add to the license fee a fee of $.75 in 4 the case of Sportsmen's Combination Licenses or nonresident 5 hunting licenses, and $.50 in the case of all other licenses, 6 permits, and stamps. 7 (c) No person or subagent of any county, city, village, 8 township, or incorporated town clerk may charge a service fee 9 for issuing licenses provided for in this Code, and the 10 charging of fees for issuing licenses in excess of the fees 11 authorized is a petty offense. Any person authorized to issue 12 licenses by telephone and electronic transmission or 13 incurring costs for customer convenience may charge in 14 addition to the "issuing fee" authorized by this Section a 15 fee not to exceed an amount set by the Department, by 16 administrative rule, to cover the transaction cost. 17 (d) All fees, less issuing fees, collected from the sale 18 of licenses and permits and not remitted to the Department as 19 provided in this Section shall be deemed to have been 20 embezzled and the person or officer responsible for the 21 remittance is subject to prosecution. No person handling or 22 selling licenses is required to remit for any license now or 23 hereafter stolen, by means of forcible entry, or destroyed by 24 a fire in the premises where the licenses are kept, if he or 25 she submits an affidavit to the Department describing the 26 circumstances of the theft or cause of the destruction and 27 listing in the affidavit the type and numbers of the licenses 28 so stolen or destroyed. 29 (e) Within 30 days after the expiration of the time in 30 which any class of license is usable, payment for licenses 31 sold shall be made in full to the Department and persons 32 possessing unused license forms shall return them to the 33 Department prepaid. 34 (f) No person is permitted to make deductions from -12- LRB9007301PTmbam01 1 remittances sent to the Department for postage or for the 2 cost of, or fees for, drafts or money orders. 3 (g) Any county, city, village, township, or incorporated 4 town clerk handling or selling licenses as provided in this 5 Section is liable to the State personally. All other persons 6 designated or appointed by the Department to handle or sell 7 licenses as provided in this Section shall, before receiving 8 any licenses for sale, file with the Department a bond in an 9 amount specified by the Department on a form to be approved 10 by and with a surety or sureties satisfactory to the 11 Department conditioned upon the person or persons paying to 12 the State of Illinois all monies becoming due by reason of 13 the sale of the licenses. 14 (h) No person shall falsify, alter, or change in any 15 manner, or loan or transfer to another, any license, permit, 16 or tag issued under this Section or falsify any records 17 required by this Code or counterfeit or duplicate any form of 18 license, permit, or tag provided for by this Code. Any person 19 who violates this subsection shall be subject to the penalty 20 provisions of Section 20-35 of this Code. 21 (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97.)"; 22 and 23 on page 1, line 6, by replacing "Section 2.33" with "Sections 24 2.33, 3.1, 3.37, and 3.39"; and 25 on page 7, below line 26, by inserting the following: 26 "(520 ILCS 5/3.1) (from Ch. 61, par. 3.1) 27 Sec. 3.1. License and stamps required. 28 (a) Before any person shall take or attempt to take any 29 of the species protected by Section 2.2 for which an open 30 season is established under this Act, he shall first have 31 procured and possess a valid hunting license. 32 Before any person 16 years of age or older shall take or -13- LRB9007301PTmbam01 1 attempt to take any bird of the species defined as migratory 2 waterfowl by Section 2.2, including coots, he shall first 3 have procured a State Migratory Waterfowl Stamp. 4 Before any person 16 years of age or older takes, 5 attempts to take, or pursues any species of wildlife 6 protected by this Code, except migratory waterfowl, coots, 7 and hand-reared birds on licensed game breeding and hunting 8 preserve areas and state controlled pheasant hunting areas, 9 he or she shall first obtain a State Habitat Stamp. Disabled 10 veterans and former prisoners of war shall not be required to 11 obtain State Habitat Stamps. Any person who obtained a 12 lifetime license before January 1, 1993, shall not be 13 required to obtain State Habitat Stamps. Income from the sale 14 of State Furbearer Stamps and State Pheasant Stamps received 15 after the effective date of this amendatory Act of 1992 shall 16 be deposited into the State Furbearer Fund and State Pheasant 17 Fund, respectively. 18 Before any person 16 years of age or older shall take, 19 attempt to take, or sell the green hide of any mammal of the 20 species defined as fur-bearing mammals by Section 2.2 for 21 which an open season is established under this Act, he shall 22 first have procured a State Habitat Stamp. 23 (b) Before any person who is a non-resident of the State 24 of Illinois shall take or attempt to take any of the species 25 protected by Section 2.2, except white-tailed deer or wild 26 turkey, for which an open season is established under this 27 Act, he shall, unless specifically exempted by law, first 28 procure a non-resident license as provided by this Act for 29 the taking of any wild game. 30 Before a nonresident shall take or attempt to take 31 white-tailed deer, he shall first have procured a Deer 32 Hunting Permit as defined in Section 2.26 of this Code. 33 Before a nonresident shall take or attempt to take wild 34 turkeys, he shall have procured a Wild Turkey Hunting Permit -14- LRB9007301PTmbam01 1 as defined in Section 2.11 of this Code. 2 (c) The owners residing on, or bona fide tenants of, 3 farm lands and their children, parents, brothers, and sisters 4 actually permanently residing on their lands shall have the 5 right to hunt any of the species protected by Section 2.2 6 upon their lands and waters without procuring hunting 7 licenses; but the hunting shall be done only during periods 8 of time and with devices and by methods as are permitted by 9 this Act. Any person on active duty with the Armed Forces of 10 the United States who is now and who was at the time of 11 entering the Armed Forces a resident of Illinois and who 12 entered the Armed Forces from this State, and who is 13 presently on ordinary leave from the Armed Forces, and any 14 resident of Illinois who is disabled may hunt any of the 15 species protected by Section 2.2 without procuring a hunting 16 license, but the hunting shall be done only during such 17 periods of time and with devices and by methods as are 18 permitted by this Act. For the purpose of this Section a 19 person is disabled when that person has a Type 1 or Type 4, 20 Class 2 disability as defined in Section 4A of the Illinois 21 Identification Card Act. For purposes of this Section, an 22 Illinois Disabled Person Identification Card issued pursuant 23 to the Illinois Identification Card Act indicating that the 24 person named has a Type 1 or Type 4, Class 2 disability shall 25 be adequate documentation of the disability. 26 (d) A courtesy non-resident license, permit, or stamp 27 for taking game may be issued at the discretion of the 28 Director, without fee, to any person officially employed in 29 the game and fish or conservation department of another state 30 or of the United States who is within the State to assist or 31 consult or cooperate with the Director; or to the officials 32 of other states, the United States, foreign countries, or 33 officers or representatives of conservation organizations or 34 publications while in the State as guests of the Governor or -15- LRB9007301PTmbam01 1 Director. The Director may provide to nonresident 2 participants and official gunners at field trials an 3 exemption from licensure while participating in a field 4 trial. 5 (e) State Migratory Waterfowl Stamps shall be required 6 for those persons qualifying under subsections (c) and (d) 7 who intend to hunt migratory waterfowl, including coots, to 8 the extent that hunting licenses of the various types are 9 authorized and required by this Section for those persons. 10 (f) Registration in the U.S. Fish and Wildlife Migratory 11 Bird Harvest Information Program shall be required for those 12 persons who are required to have a hunting license before 13 taking or attempting to take any bird of the species defined 14 as migratory game birds by Section 2.2, except that this 15 subsection shall not apply to crows in this State or 16 hand-reared birds on licensed game breeding and hunting 17 preserve areas, for which an open season is established by 18 this Act. Persons registering with the Program must carry 19 proof of registration with them while migratory bird hunting. 20 The Department shall publish suitable prescribed 21 regulations pertaining to registration by the migratory bird 22 hunter in the U.S. Fish and Wildlife Service Migratory Bird 23 Harvest Information Program. 24 (Source: P.A. 88-45; 88-91; 89-341, eff. 8-17-95.) 25 (520 ILCS 5/3.37) (from Ch. 61, par. 3.37) 26 Sec. 3.37. The Department of Natural Resources has the 27 authority to designate agents to sell licenses, stamps and 28 permits on behalf of the Department. Any person receiving 29 licenses from the Department for sale as provided for in this 30 Section, shall execute and deliver receipts therefor; and 31 shall on dates specified by the Department report in writing 32 to the Department the number and kind of licenses sold, and 33 shall, with such reports, make remittances to the Department -16- LRB9007301PTmbam01 1 covering the amounts received from such sales. Failure on the 2 part of any clerk or agent to fully comply with this Act, 3 including administrative rules, shall be justification for 4 the Department to cancel or withdraw the issuance of licenses 5 through such clerks or agents. A Federal Migratory Bird 6 Hunting and Conservation Stamp shall be deemed a license for 7 the purpose of this Section. Any person authorized by the 8 Department including any county, city, village, township, or 9 incorporated town clerk issuing licenses, permits or stamps 10 provided for in this Act, may add the following as the fees 11 for issuing such licenses: 75 cents in the case of 12 Sportsmen's Combination Licenses or nonresident hunting 13 licenses, and 50 cents in the case of all other licenses, 14 permits and stamps. However, such clerks shall remit to the 15 treasurer of the political subdivision of which he is an 16 officer or employee, the added fees or any portion thereof he 17 or she collects provided in this Section. Issuing fees may 18 be divided between such clerks and their appointed subagents 19 other than employees of the clerk's office, but in no case 20 may any clerk or subagent charge an issuing fee or fees 21 totaling more than the issuing fee set out in this Section. 22 No person, or subagent of any county, city, village, township 23 or incorporated town clerk may charge a service fee for 24 issuing licenses provided for in this Act, and the charging 25 of fees for issuing such licenses in excess of the fees 26 authorized is a petty offense. All fees, less issuing fees, 27 collected from the sale of licenses and permits and not 28 remitted to the Department as provided in this Section, shall 29 be deemed to have been embezzled and the person or officer 30 responsible for such remittance is subject to prosecution. 31 Any person authorized to issue licenses by telephone and 32 electronic transmission or incurring costs for customer 33 convenience may charge in addition to the "issuing fee" 34 authorized by this Section a fee not to exceed an amount set -17- LRB9007301PTmbam01 1 by the Department, by administrative rule, to cover the 2 transaction cost. 3 (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97.) 4 (520 ILCS 5/3.39) (from Ch. 61, par. 3.39) 5 Sec. 3.39. Residents of the State of Illinois may obtain 6 a Sportsmen's Combination License which shall entitle the 7 holder to the same non-commercial fishing privileges as 8 residents holding a fishing license described in subparagraph 9 (a) of Section 20-45 of the Fish and Aquatic Life Code, and 10 to the same hunting privileges as residents holding a license 11 to hunt all species, as described in Section 3.1 of this Act. 12 However, no Sportsmen's Combination License shall be issued 13 to any person who would be ineligible for either the fishing 14 or hunting license separately. The Sportsmen's Combination 15 License fee shall be $18.50. For residents age 65 or older, 16 the fee is one-half of the fee charged for a Sportsmen's 17 Combination License. 18 (Source: P.A. 87-895; 88-91.)".
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