State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Amendatory Veto Motion 001 ][ Engrossed ]
[ Re-enrolled ][ Governor's Message ][ Senate Amendment 001 ]


92_HB2528enr

 
HB2528 Enrolled                                LRB9206863TAtm

 1        AN ACT to amend the Fish and Aquatic Life Code.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Fish and Aquatic Life Code is amended by
 5    changing Section 20-35 and adding Section 1-20.5 as follows:

 6        (515 ILCS 5/1-20.5 new)
 7        Sec. 1-20.5.  Aquatic life  farm.   "Aquatic  life  farm"
 8    means  property: (i) containing any or a combination of levee
 9    ponds, a strip mine lake, or other  type  of  lake  that  has
10    floating  cages,  raceways,  or  other  aquatic  life rearing
11    equipment and (ii) where the owner of the aquatic  life  farm
12    has  posted  a conspicuous written notice to that effect.  If
13    more than one person owns or has title to the lake,  "aquatic
14    life farm" means the area of the lake containing the floating
15    cages, raceways, or other aquatic life rearing equipment.

16        (515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
17        Sec. 20-35.  Offenses.
18        (a)  Except  as  prescribed  in  Section  5-25 and unless
19    otherwise provided in this Code,  any  person  who  is  found
20    guilty  of  violating  any  of  the  provisions of this Code,
21    including administrative rules, shall be guilty  of  a  petty
22    offense.
23        Any  person who violates any of the provisions of Section
24    10-80,  including  administrative  rules  relating  to   that
25    Section, shall be guilty of a Class B misdemeanor.
26        Any  person who violates any of the provisions of Section
27    1-200 or 10-55 of this Code, including  administrative  rules
28    relating  to  those  Sections,  shall  be guilty of a Class A
29    misdemeanor.
30        Any person who violates any of  the  provisions  of  this
 
HB2528 Enrolled            -2-                 LRB9206863TAtm
 1    Code,  including  administrative  rules,  during  the 5 years
 2    following the revocation of his or her  license,  permit,  or
 3    privileges  under Section 20-105 shall be guilty of a Class A
 4    misdemeanor.
 5        Any person  who  violates  Section  5-25  of  this  Code,
 6    including  administrative rules, shall be guilty of a Class 3
 7    felony.
 8        (b)(1)  It is unlawful for any person to take or  attempt
 9    to  take  aquatic life from any aquatic life farm except with
10    the consent of the owner  of  the  aquatic  life  farm.   Any
11    person  possessing  fishing  tackle  on  the  premises  of an
12    aquatic life farm is presumed to be fishing. The  presumption
13    may be rebutted by clear and convincing evidence. All fishing
14    tackle, apparatus, and vehicles used in the violation of this
15    subsection (b) shall be confiscated by the arresting officer.
16    If  the  confiscated  property  is  determined by the circuit
17    court to have been used in the violation of  this  subsection
18    (b), the confiscated property shall be sold at public auction
19    by  the  county  sheriff  of  the  county where the violation
20    occurred.  The proceeds of the sale shall be deposited in the
21    county general fund; provided that the auction may be  stayed
22    by an appropriate court order.
23        (2)  A  violation of paragraph (1) of this subsection (b)
24    is a Class A misdemeanor for a first offense and  a  Class  4
25    felony for a second or subsequent offense.
26        (c)(1)  It is unlawful for any person to trespass or fish
27    on an aquatic life farm located on a strip mine lake or other
28    body  of  water  used for aquatic life farming operations, or
29    within a 200 foot buffer zone surrounding  cages  or  netpens
30    that are clearly delineated by buoys of a posted aquatic life
31    farm, by swimming, scuba diving, or snorkeling in, around, or
32    under  the  aquatic  life  farm  or by operating a watercraft
33    over, around, or in the aquatic life farm without the consent
34    of the owner of the aquatic life farm.
 
HB2528 Enrolled            -3-                 LRB9206863TAtm
 1        (2)  A violation of paragraph (1) of this subsection  (c)
 2    is  a  Class  B misdemeanor for a first offense and a Class A
 3    misdemeanor for a second or subsequent offense.  All  fishing
 4    tackle,  apparatus,  and  watercraft  used  in  a  second  or
 5    subsequent   violation   of  this  subsection  (c)  shall  be
 6    confiscated by the arresting  officer.   If  the  confiscated
 7    property is determined by the circuit court to have been used
 8    in  a  violation  of  this  subsection  (c),  the confiscated
 9    property shall be  sold  at  public  auction  by  the  county
10    sheriff  of  the  county  where  the violation occurred.  The
11    proceeds of the sale shall be deposited in the county general
12    fund;  provided  that  the  auction  may  be  stayed  by   an
13    appropriate court order.
14        (d)  Offenses   committed  by  minors  under  the  direct
15    control or with the consent  of  a  parent  or  guardian  may
16    subject the parent or guardian to the penalties prescribed in
17    this Section or as otherwise provided in this Code.
18        (e)  In addition to any fines imposed under this Section,
19    or  as  otherwise  provided  in  this  Code, any person found
20    guilty of unlawfully taking or possessing  any  aquatic  life
21    protected  by this Code shall be assessed a civil penalty for
22    that aquatic life in accordance with the values prescribed in
23    Section 5-25 of  this  Code.  This  civil  penalty  shall  be
24    imposed  at  the  time of the conviction by the Circuit Court
25    for the county where the offense was committed.    Except  as
26    otherwise  provided  for  in  subsections (b) and (c) of this
27    Section, all penalties provided for in this Section shall  be
28    remitted  to the Department in accordance with the provisions
29    of Section 1-180 of this Code.
30    (Source: P.A. 87-798; 87-833; 87-895.)

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