|
Rep. Katherine Cloonen
Filed: 4/12/2013
| | 09800HB0738ham001 | | LRB098 03569 CEL 44328 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 738
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 738 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Department of Natural Resources |
| 5 | | (Conservation) Law of the
Civil Administrative Code of Illinois |
| 6 | | is amended by changing Sections 805-275 and 805-335 as follows:
|
| 7 | | (20 ILCS 805/805-275) (was 20 ILCS 805/63a27)
|
| 8 | | Sec. 805-275. Sale of gravel and other materials. The |
| 9 | | Department has the power to sell gravel,
sand, earth, or other |
| 10 | | material from any State of Illinois owned lands or
waters
under |
| 11 | | the jurisdiction of the Department at a fair market price. The |
| 12 | | proceeds
from the sales shall be deposited into the Wildlife |
| 13 | | and
Fish Fund or the Illinois Fisheries Management Fund in the |
| 14 | | State
treasury.
|
| 15 | | (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
|
|
| | 09800HB0738ham001 | - 2 - | LRB098 03569 CEL 44328 a |
|
|
|
| 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, the or Wildlife and Fish Fund, or the Illinois |
| 10 | | Fisheries Management Fund
depending on the classification of |
| 11 | | the State managed facility involved. The monies deposited into |
| 12 | | the State Parks Fund, or the Wildlife and Fish Fund, and the |
| 13 | | Illinois Fisheries Management Fund under this Section shall not |
| 14 | | be subject to administrative charges or chargebacks unless |
| 15 | | otherwise authorized by this Act.
|
| 16 | | (Source: P.A. 97-1136, eff. 1-1-13.)
|
| 17 | | Section 10. The State Finance Act is amended by changing |
| 18 | | Section 5.21 and by adding Section 5.826 as follows:
|
| 19 | | (30 ILCS 105/5.21) (from Ch. 127, par. 141.21)
|
| 20 | | Sec. 5.21. The Wildlife and Fish Fund. |
| 21 | | (Source: P.A. 81-358.)
|
| 22 | | (30 ILCS 105/5.826 new) |
| 23 | | Sec. 5.826. The Illinois Fisheries Management Fund.
|
|
| | 09800HB0738ham001 | - 3 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | Section 15. The Fish and Aquatic Life Code is amended by |
| 2 | | changing Sections 1-215, 1-230, 20-45, 20-85, and 30-15 and by |
| 3 | | adding Sections 1-43 and 1-231 as follows:
|
| 4 | | (515 ILCS 5/1-43 new) |
| 5 | | Sec. 1-43. Fisheries Division Chief. "Fisheries Division |
| 6 | | Chief" means the top Administrator in the Division of Fisheries |
| 7 | | in the Department of Natural Resources.
|
| 8 | | (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
|
| 9 | | Sec. 1-215. Illegal fishing devices; public nuisance. |
| 10 | | Every fishing
device, including seines, nets, or traps, or any |
| 11 | | electrical device or any
other devices, including vehicles, |
| 12 | | watercraft, or aircraft, used or
operated illegally or |
| 13 | | attempted to be used or operated illegally by any
person in |
| 14 | | taking, transporting, holding, or conveying any aquatic life
|
| 15 | | contrary to this Code, including administrative rules, shall be |
| 16 | | deemed a
public nuisance and therefore illegal and subject to |
| 17 | | seizure and
confiscation by any authorized employee of the |
| 18 | | Department. Upon the
seizure of such an item the Department |
| 19 | | shall take and hold the item until
disposed of as provided in |
| 20 | | this Code.
|
| 21 | | Upon the seizure of any device because of its illegal use, |
| 22 | | the officer
or authorized employee of the Department making the |
| 23 | | seizure shall, as soon
as reasonably possible, cause a |
|
| | 09800HB0738ham001 | - 4 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | complaint to be filed before the Circuit
Court and a summons to |
| 2 | | be issued requiring the owner or person in
possession of the |
| 3 | | property to appear in court and show cause why the
device |
| 4 | | seized should not be forfeited to the State. Upon the return of
|
| 5 | | the summons duly served or upon posting or publication of |
| 6 | | notice as provided
in this Code, the court shall proceed to |
| 7 | | determine the question of the
illegality of the use of the |
| 8 | | seized property. Upon judgment being entered
to the effect that |
| 9 | | the property was illegally used, an order shall be
entered |
| 10 | | providing for the forfeiture of the seized property to the |
| 11 | | State.
The owner of the property, however, may have a jury |
| 12 | | determine the
illegality of its use, and shall have the right |
| 13 | | of an appeal as in other
civil cases. Confiscation or |
| 14 | | forfeiture shall not preclude or mitigate
against prosecution |
| 15 | | and assessment of penalties provided in Section 20-35
of this |
| 16 | | Code.
|
| 17 | | Upon seizure of any property under circumstances |
| 18 | | supporting a
reasonable belief that the property was abandoned, |
| 19 | | lost, stolen, or
otherwise illegally possessed or used contrary |
| 20 | | to this
Code, except property seized during a search or arrest, |
| 21 | | and ultimately
returned, destroyed, or otherwise disposed of |
| 22 | | under order of a court
in accordance with this Code, the |
| 23 | | authorized employee of the Department
shall make reasonable |
| 24 | | inquiry and efforts to identify and notify the owner
or other |
| 25 | | person entitled to possession of the property and shall return |
| 26 | | the
property after the person provides reasonable and |
|
| | 09800HB0738ham001 | - 5 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | satisfactory proof of
his or her ownership or right to |
| 2 | | possession and reimburses the Department
for all reasonable |
| 3 | | expenses of custody. If the identity or location of the
owner |
| 4 | | or other person entitled to possession of the property has not |
| 5 | | been
ascertained within 6 months after the Department obtains |
| 6 | | possession, the
Department shall effectuate the sale of the |
| 7 | | property for cash to the
highest bidder at a public auction. |
| 8 | | The owner or other person entitled to
possession of the |
| 9 | | property may claim and recover possession of the
property at |
| 10 | | any time before its sale at public auction upon providing
|
| 11 | | reasonable and satisfactory proof of ownership or right of |
| 12 | | possession and
reimbursing the Department for all reasonable |
| 13 | | expenses of custody.
|
| 14 | | Any property forfeited to the State by court order under |
| 15 | | this Section
may be disposed of by public auction, except that |
| 16 | | any property that is
the subject of a court order shall not be |
| 17 | | disposed of pending appeal
of the order. The proceeds of the |
| 18 | | sales at auction shall be deposited in
the Illinois Fisheries |
| 19 | | Management Wildlife and Fish Fund.
|
| 20 | | The Department shall pay all costs of posting or |
| 21 | | publication of
notices required by this Section.
|
| 22 | | (Source: P.A. 87-833.)
|
| 23 | | (515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
|
| 24 | | Sec. 1-230. Wildlife and Fish Fund; disposition of money
|
| 25 | | received. All fees, fines, income of whatever kind or nature |
|
| | 09800HB0738ham001 | - 6 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | derived
from hunting and fishing activities on lands, waters, |
| 2 | | or both under the
jurisdiction or control of the Department, |
| 3 | | and all penalties collected under
this Code shall be deposited |
| 4 | | into the State Treasury and
shall be set apart in a special |
| 5 | | fund to be known as the Wildlife and Fish
Fund; except that all |
| 6 | | fees and revenues from commercial fishing licenses, sport |
| 7 | | fishing licenses, inland trout stamps, reimbursements from |
| 8 | | sport fish restoration grants and Asian Carp and aquatic |
| 9 | | invasive species grants and other grants from the federal |
| 10 | | government, fines collected for fish kills and violations of |
| 11 | | the Fish and Aquatic Life Code, stamps issued for fish habitat, |
| 12 | | management, or angling events after January 1, 2013 shall be |
| 13 | | deposited into the Illinois Fisheries Management Fund, a |
| 14 | | special fund created in the State Treasury to be used for the |
| 15 | | operation of the Division of Fisheries within the Department; |
| 16 | | except that fees derived solely from the sale of salmon stamps, |
| 17 | | income
from art contests for the salmon stamp, including income |
| 18 | | from the sale
of reprints, and gifts, donations, grants, and |
| 19 | | bequests of money for the
conservation and propagation of |
| 20 | | salmon shall be deposited into the State
Treasury and set apart |
| 21 | | in the special fund to be known as the Salmon
Fund; and except |
| 22 | | that fees derived solely from the sale of state
migratory |
| 23 | | waterfowl stamps, and gifts, donations, grants and bequests of
|
| 24 | | money for the conservation and propagation of waterfowl, shall |
| 25 | | be deposited
into the State Treasury and set apart in the |
| 26 | | special fund to be known as the
State Migratory Waterfowl Stamp |
|
| | 09800HB0738ham001 | - 7 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | Fund. All interest that accrues from moneys
in the Wildlife and |
| 2 | | Fish Fund, the Illinois Fisheries Management Fund, the Salmon |
| 3 | | Fund, and the State Migratory
Waterfowl Stamp Fund shall be |
| 4 | | retained in those funds respectively.
Except for the additional |
| 5 | | moneys deposited under Section 805-550 of the Department of |
| 6 | | Natural Resources (Conservation) Law of the
Civil |
| 7 | | Administrative Code of Illinois, appropriations from the |
| 8 | | Wildlife and Fish Fund and the Illinois Fisheries Management |
| 9 | | Fund shall be made only to the
Department for the carrying out |
| 10 | | of the powers and functions vested by law
in the Department
for |
| 11 | | the administration and management of fish and wildlife |
| 12 | | resources of this State for such activities as (i) the purchase |
| 13 | | of land for fish hatcheries,
wildlife refuges, preserves, and |
| 14 | | public shooting and fishing grounds; (ii)
the purchase and |
| 15 | | distribution of wild birds, the eggs of wild birds, and
wild |
| 16 | | mammals; (iii) the rescuing, restoring and distributing of |
| 17 | | fish; (iv)
the maintenance of wildlife refuges or preserves, |
| 18 | | public shooting grounds,
public fishing grounds, and fish |
| 19 | | hatcheries; and (v) the feeding and care
of wild birds, wild |
| 20 | | mammals, and fish. Appropriations from the Salmon Fund
shall be |
| 21 | | made only to the Department to be used solely for the |
| 22 | | conservation
and propagation of salmon, including |
| 23 | | construction, operation, and
maintenance of a cold water |
| 24 | | hatchery, and for payment of the costs of
printing salmon |
| 25 | | stamps, the expenses incurred in acquiring salmon stamp
|
| 26 | | designs, and the expenses of producing reprints.
|
|
| | 09800HB0738ham001 | - 8 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | (Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11; |
| 2 | | 96-1518, eff. 2-4-11.)
|
| 3 | | (515 ILCS 5/1-231 new) |
| 4 | | Sec. 1-231. Illinois Fisheries Management Fund; |
| 5 | | disposition of money received. Beginning January 1, 2013, all |
| 6 | | fees or revenue collected from any resident or non-resident |
| 7 | | commercial license; any resident or non-resident sport fishing |
| 8 | | licenses; inland trout stamps; all reimbursements from sport |
| 9 | | fish restoration grants, Asian Carp and aquatic invasive |
| 10 | | species grants, and other grants from the federal government; |
| 11 | | fines collected from fish kills and violations of the Fish and |
| 12 | | Aquatic Life Code; and any new revenues created from stamps |
| 13 | | issued for fish habitat, management, or angling events shall be |
| 14 | | deposited into the Illinois Fisheries Management Fund, a |
| 15 | | special fund created in the State Treasury to be used for the |
| 16 | | operation of the Division of Fisheries within the Department. |
| 17 | | The Fund can be used only for fish propagation, management, |
| 18 | | conservation, commercial fish evaluation and management, |
| 19 | | aquatic education projects and programs, law enforcement, |
| 20 | | expenses of operating the Division of Fisheries within the |
| 21 | | Department of Natural Resources, and land acquisition that |
| 22 | | provides access to sport fishing that have been approved by the |
| 23 | | Fisheries Division Chief.
|
| 24 | | (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
|
|
| | 09800HB0738ham001 | - 9 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | Sec. 20-45. License fees for residents. Fees for licenses |
| 2 | | for residents
of the State of Illinois shall be as follows:
|
| 3 | | (a) Except as otherwise provided in this Section, for |
| 4 | | sport fishing
devices as defined in Section 10-95 or |
| 5 | | spearing devices as defined in
Section 10-110, the fee is |
| 6 | | $14.50 for individuals 16 to 64 years old,
one-half of the |
| 7 | | current fishing license fee for individuals age 65 or |
| 8 | | older,
and, commencing with the 2012 license year, one-half |
| 9 | | of the current fishing license fee for resident veterans of |
| 10 | | the United States Armed Forces after returning from service |
| 11 | | abroad or mobilization by the President of the United |
| 12 | | States. Veterans must provide, to the Department at one of |
| 13 | | the Department's 5 regional offices, verification of their |
| 14 | | service. The Department shall establish what constitutes |
| 15 | | suitable verification of service for the purpose of issuing |
| 16 | | fishing licenses to resident veterans at a reduced fee.
|
| 17 | | (b) All residents before using any commercial fishing |
| 18 | | device shall
obtain a commercial fishing license, the fee |
| 19 | | for which shall be $60 and a resident fishing license, the |
| 20 | | fee for which is $14.50.
Each and every commercial device |
| 21 | | used shall be licensed by a resident
commercial fisherman |
| 22 | | as follows:
|
| 23 | | (1) For each 100 lineal yards, or fraction thereof, |
| 24 | | of seine
the fee is $18. For each minnow seine, minnow |
| 25 | | trap, or net for commercial
purposes the fee is $20.
|
| 26 | | (2) For each device to fish with a 100 hook trot |
|
| | 09800HB0738ham001 | - 10 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | line
device,
basket trap, hoop net, or dip net the fee |
| 2 | | is $3.
|
| 3 | | (3) When used in the waters of Lake Michigan, for |
| 4 | | the first 2000
lineal feet, or fraction thereof, of |
| 5 | | gill net the fee is $10; and
for each 1000 additional |
| 6 | | lineal feet, or fraction thereof, the fee is $10.
These |
| 7 | | fees shall apply to all gill nets in use in the water |
| 8 | | or on drying
reels on the shore.
|
| 9 | | (4) For each 100 lineal yards, or fraction thereof, |
| 10 | | of gill net
or trammel net the fee is $18.
|
| 11 | | (c) Residents of the State of Illinois may obtain a |
| 12 | | sportsmen's
combination license that shall entitle the |
| 13 | | holder to the same
non-commercial fishing privileges as |
| 14 | | residents holding a license as
described in subsection (a) |
| 15 | | of this Section and to the same hunting
privileges as |
| 16 | | residents holding a license to hunt all species as
|
| 17 | | described in Section 3.1 of the Wildlife Code. No |
| 18 | | sportsmen's combination
license shall be issued to any |
| 19 | | individual who would be ineligible for
either the fishing |
| 20 | | or hunting license separately. The sportsmen's
combination |
| 21 | | license fee shall be $25.50.
For residents age 65 or older, |
| 22 | | the fee is one-half of the fee charged for a
sportsmen's |
| 23 | | combination license. The portion of the sportsmen's |
| 24 | | combination license attributable to the fishing license |
| 25 | | shall be deposited in the Illinois Fisheries Management |
| 26 | | Fund, and the portion of the sportsmen's combination |
|
| | 09800HB0738ham001 | - 11 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | license attributable to the hunting license shall be |
| 2 | | deposited in the Wildlife Fund. For resident veterans of |
| 3 | | the United States Armed Forces after returning from service |
| 4 | | abroad or mobilization by the President of the United |
| 5 | | States, the fee, commencing with the 2012 license year, is |
| 6 | | one-half of the fee charged for a
sportsmen's combination |
| 7 | | license. Veterans must provide to the Department, at one of |
| 8 | | the Department's 5 regional offices, verification of their |
| 9 | | service. The Department shall establish what constitutes |
| 10 | | suitable verification of service for the purpose of issuing |
| 11 | | sportsmen's
combination licenses to resident veterans at a |
| 12 | | reduced fee.
|
| 13 | | (d) For 24 hours of fishing
by sport fishing devices
as |
| 14 | | defined in Section 10-95 or by spearing devices as defined |
| 15 | | in Section
10-110 the fee is $5. This license does not |
| 16 | | exempt the licensee from the
requirement for a salmon or |
| 17 | | inland trout stamp. The licenses provided for
by this |
| 18 | | subsection
are not required for residents of the State of |
| 19 | | Illinois who have obtained the
license provided for in |
| 20 | | subsection (a) of this Section.
|
| 21 | | (e) All residents before using any commercial mussel |
| 22 | | device shall
obtain a commercial mussel license, the fee |
| 23 | | for which shall be $50.
|
| 24 | | (f) Residents of this State, upon establishing |
| 25 | | residency as required
by the Department, may obtain a |
| 26 | | lifetime hunting or fishing license or
lifetime |
|
| | 09800HB0738ham001 | - 12 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | sportsmen's combination license which shall entitle the |
| 2 | | holder to
the same non-commercial fishing privileges as |
| 3 | | residents holding a license
as described in paragraph (a) |
| 4 | | of this Section and to the same hunting
privileges as |
| 5 | | residents holding a license to hunt all species as |
| 6 | | described
in Section 3.1 of the Wildlife Code. No lifetime |
| 7 | | sportsmen's combination
license shall be issued to or |
| 8 | | retained by any individual
who would be ineligible for |
| 9 | | either the fishing or hunting license
separately, either |
| 10 | | upon issuance, or in any year a violation would
subject an |
| 11 | | individual to have either or both fishing or hunting |
| 12 | | privileges
rescinded. The lifetime hunting and fishing |
| 13 | | license fees shall be as follows:
|
| 14 | | (1) Lifetime fishing: 30 x the current fishing |
| 15 | | license fee.
|
| 16 | | (2) Lifetime hunting: 30 x the current hunting |
| 17 | | license fee.
|
| 18 | | (3) Lifetime sportsmen's combination license: 30 x |
| 19 | | the current
sportsmen's combination license fee.
|
| 20 | | Lifetime licenses shall not be refundable. A $10 fee shall |
| 21 | | be charged
for reissuing any lifetime license. The Department |
| 22 | | may establish rules and
regulations for the issuance and use of |
| 23 | | lifetime licenses and may suspend
or revoke any lifetime |
| 24 | | license issued under this Section for violations of
those rules |
| 25 | | or regulations or other provisions under this Code or the
|
| 26 | | Wildlife Code. Individuals under 16 years of age who possess a |
|
| | 09800HB0738ham001 | - 13 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | lifetime
hunting or sportsmen's combination license shall have |
| 2 | | in their possession,
while in the field, a certificate of |
| 3 | | competency as required under Section
3.2 of the Wildlife Code. |
| 4 | | Any lifetime license issued under this Section
shall not exempt |
| 5 | | individuals from obtaining additional stamps or permits
|
| 6 | | required under the provisions of this Code or the Wildlife |
| 7 | | Code.
Individuals required to purchase additional stamps shall |
| 8 | | sign the stamps
and have them in their possession while fishing |
| 9 | | or hunting with a lifetime
license. All fees received from the |
| 10 | | issuance
of lifetime licenses shall be deposited in the Fish |
| 11 | | and Wildlife Endowment
Fund.
|
| 12 | | Except for licenses issued under subsection (e) of this |
| 13 | | Section, all
licenses provided for in this Section shall expire |
| 14 | | on March 31 of
each year, except that the license provided for |
| 15 | | in subsection (d) of
this Section shall expire 24 hours after |
| 16 | | the effective date and time listed
on the face of the license.
|
| 17 | | All individuals required to have and failing to have the |
| 18 | | license provided
for in subsection (a) or (d) of this Section |
| 19 | | shall be fined according to the
provisions of Section 20-35 of |
| 20 | | this Code.
|
| 21 | | All individuals required to have and failing to have the |
| 22 | | licenses
provided for in subsections (b) and (e) of this |
| 23 | | Section shall be guilty of a
Class B misdemeanor.
|
| 24 | | (Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12; |
| 25 | | 97-1136, eff. 1-1-13.)
|
|
| | 09800HB0738ham001 | - 14 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | (515 ILCS 5/20-85) (from Ch. 56, par. 20-85)
|
| 2 | | Sec. 20-85. Taxidermist license.
|
| 3 | | (a) Before engaging in the business of taxidermy of aquatic |
| 4 | | life, every person shall
obtain a license for that purpose from |
| 5 | | the Department. Application for a
license shall be filed with |
| 6 | | the Department and shall set forth the name of
the applicant; |
| 7 | | its principal officers, if the applicant is a corporation,
or |
| 8 | | the partners, if the applicant is a partnership; the location |
| 9 | | of the
place of business; and any additional information the |
| 10 | | Department may
require. The annual fee for each taxidermist |
| 11 | | license shall be $25. All
licenses issued to taxidermists are |
| 12 | | valid only at the location described
and designated on the |
| 13 | | application for the license. All taxidermist licenses
shall |
| 14 | | expire on January 31 of each year. Individuals employed
by a
|
| 15 | | licensed taxidermist shall not be required to possess a |
| 16 | | taxidermist license
while working for and at the place of |
| 17 | | business of the license holder.
|
| 18 | | Licensed taxidermists shall submit to the Department a list |
| 19 | | naming all
individuals who will be working at the place of |
| 20 | | business specified on the
permit. Only those individuals whose |
| 21 | | names are on file with the Department
shall be authorized to |
| 22 | | work under the scope of the taxidermist's license.
|
| 23 | | (b) Taxidermists shall keep written records of all aquatic |
| 24 | | life or parts of
aquatic life received or returned by them. |
| 25 | | Records shall include the following
information:
|
| 26 | | (1) The date the aquatic life was received.
|
|
| | 09800HB0738ham001 | - 15 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | (2) The name and address of the person from whom the |
| 2 | | aquatic life was
received.
|
| 3 | | (3) The number and species of all aquatic life |
| 4 | | received.
|
| 5 | | (4) The number and state of issuance of the fishing |
| 6 | | license, or
special Department permit, of the person from |
| 7 | | whom the aquatic life was
received. In the absence of a |
| 8 | | license or permit number, the taxidermist may
rely on the |
| 9 | | written certification of the person from whom the aquatic |
| 10 | | life was
received that the specimen was legally taken or |
| 11 | | obtained, or, in the event the
person is exempt from the |
| 12 | | apposite license requirements, an indication of the
|
| 13 | | exemption.
|
| 14 | | (c) All aquatic life or parts of aquatic life that have |
| 15 | | been
received, preserved, mounted, or possessed by a |
| 16 | | taxidermist are required to
bear a coded origin tag or label. |
| 17 | | The coded origin tag or label shall
correspond with written |
| 18 | | records containing more complete information as
required by the |
| 19 | | Department.
|
| 20 | | (d) Taxidermy records shall be open for inspection by any |
| 21 | | peace officer
at any reasonable hour. Taxidermists shall |
| 22 | | maintain records for a period
of 2 years from the date of |
| 23 | | receipt of the aquatic life or for as long as
the specimen or |
| 24 | | mount remains in the taxidermist's possession, whichever is
|
| 25 | | longer.
|
| 26 | | The Department may require the taxidermist to submit to it |
|
| | 09800HB0738ham001 | - 16 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | any information
it deems necessary.
|
| 2 | | (e) No taxidermist shall have in his or her possession any |
| 3 | | aquatic
life that is not listed in his or her written records |
| 4 | | and properly
tagged or labeled.
|
| 5 | | (f) All persons licensed as taxidermists under this Code |
| 6 | | who shall ship any
aquatic life or parts of aquatic life that |
| 7 | | have been received, preserved, or
mounted shall tag or label |
| 8 | | the shipment and the tag or label shall state the
name of the |
| 9 | | taxidermist and the number and date of his or her license.
|
| 10 | | (g) Nothing in this Section removes taxidermists from |
| 11 | | responsibility for
the observance of any federal laws, rules, |
| 12 | | or regulations that may apply to the
taxidermy business.
|
| 13 | | (Source: P.A. 88-416; 89-66, eff. 1-1-96.)
|
| 14 | | (515 ILCS 5/30-15) (from Ch. 56, par. 30-15)
|
| 15 | | Sec. 30-15. Use of license fees. No funds accruing to the |
| 16 | | State of
Illinois from license fees paid by fishermen shall be |
| 17 | | diverted for any
other purpose than the administration of the |
| 18 | | Department of Natural
Resources for the management of fish and |
| 19 | | wildlife resources of the State.
|
| 20 | | (Source: P.A. 95-853, eff. 8-18-08.)
|
| 21 | | Section 20. The Wildlife Code is amended by changing |
| 22 | | Sections 1.25, 1.28, and 3.39 as follows:
|
| 23 | | (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
|
|
| | 09800HB0738ham001 | - 17 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | Sec. 1.25.
Every hunting or trapping device, vehicle or |
| 2 | | conveyance, when
used or operated illegally, or attempted to be |
| 3 | | used or operated illegally
by any person in taking, |
| 4 | | transporting, holding, or conveying any wild bird
or wild |
| 5 | | mammal, contrary to the provisions of this Act, including |
| 6 | | administrative
rules, is a public nuisance and subject to |
| 7 | | seizure and confiscation by
any authorized employee of the |
| 8 | | Department; upon the seizure of such item
the Department shall |
| 9 | | take and hold the same until disposed of as hereinafter |
| 10 | | provided.
|
| 11 | | Upon the seizure of any property as herein provided, the |
| 12 | | authorized employee
of the Department making such seizure shall |
| 13 | | forthwith cause a complaint
to be filed before the Circuit |
| 14 | | Court and a summons to be issued requiring
the person who |
| 15 | | illegally used or operated or attempted to use or operate
such |
| 16 | | property and the owner and person in possession of such |
| 17 | | property to
appear in court and show cause why the property |
| 18 | | seized should not be forfeited
to the State.
Upon the return of |
| 19 | | the summons duly served or other notice as herein provided,
the |
| 20 | | court shall proceed to determine the question of the illegality |
| 21 | | of the
use of the seized property and upon judgment being |
| 22 | | entered to the effect
that such property was illegally used, an |
| 23 | | order may be entered providing
for the forfeiture of such |
| 24 | | seized property to the Department and shall thereupon
become |
| 25 | | the property of the Department; but the owner of such property |
| 26 | | may
have a jury determine the illegality of its use, and shall |
|
| | 09800HB0738ham001 | - 18 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | have the right
of an appeal, as in other cases. Such |
| 2 | | confiscation or forfeiture
shall not preclude or mitigate |
| 3 | | against prosecution and assessment of penalties
otherwise |
| 4 | | provided in this Act.
|
| 5 | | Upon seizure of any property under circumstances |
| 6 | | supporting a
reasonable belief that such property was |
| 7 | | abandoned, lost or stolen or
otherwise illegally possessed or |
| 8 | | used contrary to the provisions of this
Act, except property |
| 9 | | seized during a search or arrest, and ultimately
returned, |
| 10 | | destroyed, or otherwise disposed of pursuant to order of a |
| 11 | | court
in accordance with this Act, the authorized employee of |
| 12 | | the Department
shall make reasonable inquiry and efforts to |
| 13 | | identify and notify the owner
or other person entitled to |
| 14 | | possession thereof, and shall return the
property after such |
| 15 | | person provides reasonable and satisfactory proof of
his |
| 16 | | ownership or right to possession and reimburses the Department |
| 17 | | for all
reasonable expenses of such custody. If the identity or |
| 18 | | location of the
owner or other person entitled to possession of |
| 19 | | the property has not been
ascertained within 6 months after the |
| 20 | | Department obtains such possession,
the Department shall |
| 21 | | effectuate the sale of the property for cash to the
highest |
| 22 | | bidder at a public auction. The owner or other person entitled |
| 23 | | to
possession of such property may claim and recover possession |
| 24 | | of the
property at any time before its sale at public auction, |
| 25 | | upon providing
reasonable and satisfactory proof of ownership |
| 26 | | or right of possession and
reimbursing the Department for all |
|
| | 09800HB0738ham001 | - 19 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | reasonable expenses of custody thereof.
|
| 2 | | Any property, including guns, forfeited to the State by |
| 3 | | court order pursuant
to this Section, may be disposed of by |
| 4 | | public auction, except
that any property which is the subject |
| 5 | | of such a court order shall not be
disposed of pending appeal |
| 6 | | of the order. The proceeds of the sales at auction
shall be |
| 7 | | deposited in the Wildlife and Fish Fund.
|
| 8 | | The Department shall pay all costs of notices required by |
| 9 | | this Section.
|
| 10 | | (Source: P.A. 85-152.)
|
| 11 | | (520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
|
| 12 | | Sec. 1.28. Fees and fines; deposit in funds. All fees, |
| 13 | | fines,
including bond forfeitures, income of whatsoever
kind or |
| 14 | | nature derived from hunting and fishing activities on lands or |
| 15 | | waters
or both under the jurisdiction or control of the |
| 16 | | Department, and all penalties
collected under this Act shall be |
| 17 | | deposited in the State Treasury and
shall be set apart in a |
| 18 | | special fund to be known as the "Wildlife and Fish
Fund"; |
| 19 | | except that all fees and revenues from commercial fishing |
| 20 | | licenses, sport fishing licenses, inland trout stamps, |
| 21 | | reimbursements from sport fish restoration grants and Asian |
| 22 | | Carp and aquatic invasive species grants and other grants from |
| 23 | | the federal government, fines collected for fish kills and |
| 24 | | violations of the Fish and Aquatic Life Code, stamps issued for |
| 25 | | fish habitat, management, or angling events after January 1, |
|
| | 09800HB0738ham001 | - 20 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | 2013 shall be deposited into the Illinois Fisheries Management |
| 2 | | Fund, a special fund created in the State Treasury to be used |
| 3 | | for the operation of the Division of Fisheries within the |
| 4 | | Department; except that fees derived solely from the sale of |
| 5 | | salmon stamps,
income from art contests for the salmon stamp, |
| 6 | | including income from the
sale of reprints, and gifts, |
| 7 | | donations, grants and bequests of money for
the conservation |
| 8 | | and propagation of salmon shall be deposited in the State
|
| 9 | | Treasury and set apart in the special fund to be known as the |
| 10 | | "Salmon
Fund"; and except that fees derived solely from the |
| 11 | | sale of state migratory
waterfowl stamps, and gifts, donations, |
| 12 | | grants and bequests of money for
the conservation and |
| 13 | | propagation of waterfowl shall be deposited in the
special fund |
| 14 | | to be known as the "State Migratory Waterfowl Stamp Fund";
and |
| 15 | | except that, of fees derived
solely from the sale of State |
| 16 | | Habitat Stamps, 64% shall be deposited into the Illinois |
| 17 | | Habitat Fund, 30% into the State Pheasant Fund,
and 6% into the |
| 18 | | State Furbearer Fund. Income generated from the sale of
artwork |
| 19 | | associated with the State Habitat Stamps shall be deposited |
| 20 | | into
the Illinois Habitat Fund.
All interest that accrues from |
| 21 | | monies deposited into the Wildlife and
Fish Fund, the Illinois |
| 22 | | Fisheries Management Fund, the Salmon Fund, the State Migratory |
| 23 | | Waterfowl Stamp Fund, the
State Furbearer Fund, the State |
| 24 | | Pheasant Fund, and the
Illinois Habitat Fund shall be deposited |
| 25 | | into those funds, respectively.
Appropriations from the |
| 26 | | "Wildlife and
Fish Fund" shall be made only to the Department |
|
| | 09800HB0738ham001 | - 21 - | LRB098 03569 CEL 44328 a |
|
|
|
| 1 | | for the carrying out of
the powers and functions vested by law |
| 2 | | in the Department
for the administration and management of fish |
| 3 | | and wildlife resources of this State for such activities as the |
| 4 | | purchase of land for fish hatcheries, wildlife refuges,
|
| 5 | | preserves and public shooting and fishing grounds; the purchase |
| 6 | | and
distribution of wild birds, the eggs of wild birds, and |
| 7 | | wild mammals for
rescuing, restoring and distributing fish; the |
| 8 | | maintenance of wildlife
refuges, or preserves, public shooting |
| 9 | | grounds, public fishing grounds and
fish hatcheries; and the |
| 10 | | feeding and care of wild birds, wild
animals and fish.
|
| 11 | | (Source: P.A. 95-853, eff. 8-18-08.)
|
| 12 | | (520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
|
| 13 | | Sec. 3.39.
Residents of the State of Illinois may obtain a |
| 14 | | Sportsmen's
Combination License which shall entitle the holder |
| 15 | | to the same
non-commercial fishing privileges as residents |
| 16 | | holding a fishing license
described in subparagraph (a) of |
| 17 | | Section 20-45 of the Fish and Aquatic Life
Code, and to the |
| 18 | | same hunting privileges as residents holding a license to
hunt |
| 19 | | all species, as described in Section 3.1 of this Act. The |
| 20 | | portion of the sportsmen's combination license attributable to |
| 21 | | the fishing license shall be deposited in the Illinois |
| 22 | | Fisheries Management Fund, and the portion of the sportsmen's |
| 23 | | combination license attributable to the hunting license shall |
| 24 | | be deposited in the Wildlife Fund. However, no
Sportsmen's |
| 25 | | Combination License shall be issued to any person who would be
|