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Rep. Katherine Cloonen
Filed: 4/8/2014
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| 1 | | AMENDMENT TO HOUSE BILL 738
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| 2 | | AMENDMENT NO. ______. Amend House Bill 738 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Oil and Gas Wells on Public Lands Act is |
| 5 | | amended by changing Section 10 as follows:
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| 6 | | (5 ILCS 615/10) (from Ch. 96 1/2, par. 5010)
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| 7 | | Sec. 10. Proceeds. Except as hereinafter provided, the |
| 8 | | proceeds derived
and bonuses, rentals and royalties from and |
| 9 | | other inducements and
considerations for the execution and |
| 10 | | operation of the oil and gas leases
provided for
in this Act |
| 11 | | shall be disposed of as provided for by the State
Officers and |
| 12 | | Employees Money Disposition Act. However, all
bonuses, rentals |
| 13 | | and royalties received from the permitting or leasing
of lands |
| 14 | | which have been purchased by the Department of Natural |
| 15 | | Resources
(formerly designated the Department of Conservation) |
| 16 | | from
moneys appropriated from the Wildlife and Fish Fund or the |
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| 1 | | Illinois Fisheries Management Fund and which at the time of
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| 2 | | permitting or leasing are under the control of the Department |
| 3 | | of Natural
Resources (formerly designated the Department of |
| 4 | | Conservation),
shall be paid equally into the Wildlife and Fish |
| 5 | | Fund and the Illinois Fisheries Management Fund of the State
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| 6 | | Treasury.
All proceeds, bonuses, rentals, royalties, and other |
| 7 | | inducements and
considerations received from the permitting or |
| 8 | | leasing of Department of Natural
Resources lands that have not |
| 9 | | been purchased by the Department of Natural
Resources with |
| 10 | | moneys appropriated from the Wildlife and Fish Fund and the |
| 11 | | Illinois Fisheries Management Fund shall be
deposited as |
| 12 | | follows: at least 50% of the amounts received shall be |
| 13 | | deposited
into the State Parks Fund and not more than 50% shall |
| 14 | | be deposited into the
Plugging and Restoration Fund.
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| 15 | | (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
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| 16 | | Section 10. The Department of Natural Resources |
| 17 | | (Conservation) Law of the
Civil Administrative Code of Illinois |
| 18 | | is amended by changing Sections 805-235, 805-275, 805-335, |
| 19 | | 805-420, 805-430, 805-550, and 805-560 as follows:
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| 20 | | (20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
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| 21 | | Sec. 805-235.
Lease of lands acquired by the Department; |
| 22 | | disposition of
obsolete buildings. The Department has the power |
| 23 | | to do and perform
each and every act or thing considered
by the |
| 24 | | Director to be necessary or desirable to fulfill and carry out
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| 1 | | the intent and purpose of all laws pertaining to the |
| 2 | | Department, including the right to rehabilitate or sell at
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| 3 | | public auction buildings or structures affixed to lands over |
| 4 | | which the
Department has acquired jurisdiction when in the |
| 5 | | judgment of the Director
those
buildings or structures are |
| 6 | | obsolete, inadequate, or unusable for the
purposes
of the |
| 7 | | Department and to lease those lands with
or without |
| 8 | | appurtenances for a consideration in money or in kind for a
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| 9 | | period of time not in excess of 5 years for the purposes and |
| 10 | | upon
the terms and conditions that the Director considers to
be |
| 11 | | in the best interests of
the State when those lands are not |
| 12 | | immediately to be used or
developed by the
State. All those |
| 13 | | sales shall be made subject to the written
approval of the
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| 14 | | Governor. The funds derived from those sales and from those |
| 15 | | leases shall be
deposited in the State Parks Fund, except that |
| 16 | | funds derived from
those sales and from
those leases on lands |
| 17 | | managed and operated principally as wildlife
or fisheries
areas |
| 18 | | by the Department shall be
deposited in the Wildlife and Fish |
| 19 | | Fund or the Illinois Fisheries Management Fund, respectively.
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| 20 | | (Source: P.A. 91-239, eff. 1-1-00.)
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| 21 | | (20 ILCS 805/805-275) (was 20 ILCS 805/63a27)
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| 22 | | Sec. 805-275. Sale of gravel and other materials. The |
| 23 | | Department has the power to sell gravel,
sand, earth, or other |
| 24 | | material from any State of Illinois owned lands or
waters
under |
| 25 | | the jurisdiction of the Department at a fair market price. |
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| 1 | | Fifty percent of the The proceeds
from the sales shall be |
| 2 | | deposited into the Wildlife and
Fish Fund and 50% of the |
| 3 | | proceeds from the sales shall be deposited into the Illinois |
| 4 | | Fisheries Management Fund in the State
treasury.
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| 5 | | (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
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| 6 | | (20 ILCS 805/805-335)
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| 7 | | Sec. 805-335. Fees. The Department has the power to
assess |
| 8 | | appropriate and reasonable fees for the
use of concession type |
| 9 | | facilities as well as other facilities and sites under
the |
| 10 | | jurisdiction of the Department, including, but not limited to, |
| 11 | | beaches, bike trails, equestrian trails, and other types of |
| 12 | | trails. The Department
may
regulate, by rule, the fees to be |
| 13 | | charged. The income collected shall be
deposited into the State |
| 14 | | Parks Fund, the or Wildlife and Fish Fund, or the Illinois |
| 15 | | Fisheries Management Fund
depending on the classification of |
| 16 | | the State managed facility involved. The monies deposited into |
| 17 | | the State Parks Fund, or the Wildlife and Fish Fund, and the |
| 18 | | Illinois Fisheries Management Fund under this Section shall not |
| 19 | | be subject to administrative charges or chargebacks unless |
| 20 | | otherwise authorized by this Act.
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| 21 | | (Source: P.A. 97-1136, eff. 1-1-13.)
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| 22 | | (20 ILCS 805/805-420) (was 20 ILCS 805/63a36)
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| 23 | | Sec. 805-420. Appropriations from Park and Conservation |
| 24 | | Fund. The
Department has the power to expend monies |
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| 1 | | appropriated to the
Department from the Park and Conservation |
| 2 | | Fund in the State
treasury for conservation and park purposes.
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| 3 | | Eighty percent of the revenue derived from fees paid for |
| 4 | | certificates of title, duplicate
certificates of title and |
| 5 | | corrected certificates of title and deposited in
the Park and |
| 6 | | Conservation Fund, as provided for in Section 2-119 of the
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| 7 | | Illinois Vehicle Code, shall be expended solely by the |
| 8 | | Department pursuant to
an appropriation for acquisition,
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| 9 | | development, and maintenance of bike paths, including grants |
| 10 | | for the
acquisition and development of bike paths and 20% of |
| 11 | | the revenue derived from fees may only be used for operation of |
| 12 | | the Division of Fisheries within the Department, and 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.
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| 16 | | Revenue derived from fees paid for the registration of |
| 17 | | motor vehicles of the first division and deposited in the Park |
| 18 | | and Conservation Fund, as provided for in Section 3-806 of the |
| 19 | | Illinois Vehicle Code, shall be expended by the Department for |
| 20 | | the following purposes: |
| 21 | | (A) Fifty percent of funds derived from the vehicle |
| 22 | | registration fee shall be used by the Department for normal |
| 23 | | operations. |
| 24 | | (B) Fifty percent of funds derived from the vehicle |
| 25 | | registration fee shall be used by the Department for |
| 26 | | construction and maintenance of State owned, leased, and |
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| 1 | | managed sites. |
| 2 | | The monies deposited into the Park and Conservation Fund |
| 3 | | and the Illinois Fisheries Management Fund under this Section |
| 4 | | shall not be subject to administrative charges or chargebacks |
| 5 | | unless otherwise authorized by this Act. |
| 6 | | (Source: P.A. 97-1136, eff. 1-1-13.)
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| 7 | | (20 ILCS 805/805-430) (was 20 ILCS 805/63b2.4)
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| 8 | | Sec. 805-430. Sale of advertising. The Department has
the |
| 9 | | power and authority to sell or exchange advertising rights in |
| 10 | | its
publications and printed materials.
The sale of advertising |
| 11 | | shall be subject to the rules and regulations
promulgated by |
| 12 | | the Department. All income received from the sale of
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| 13 | | advertising shall be deposited equally in the Wildlife and Fish |
| 14 | | Fund and the Illinois Fisheries Management Fund, except that
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| 15 | | income
received from advertising in State Park brochures shall |
| 16 | | be deposited into
the State Parks Fund and income received from |
| 17 | | advertising in boating or
snowmobile program literature shall |
| 18 | | be deposited in the State Boating Act
Fund.
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| 19 | | (Source: P.A. 91-239, eff. 1-1-00.)
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| 20 | | (20 ILCS 805/805-550) |
| 21 | | Sec. 805-550. Reinstatement fee. |
| 22 | | (a) The Department may assess a fee of up to $1,000 for the |
| 23 | | reinstatement of revoked or suspended licenses, permits, |
| 24 | | registrations, and other privileges that it administers in the |
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| 1 | | exercise of its powers and duties under Illinois law. |
| 2 | | (b) Revenues generated from the reinstatement of State park |
| 3 | | privileges shall be deposited into the State Parks Fund. |
| 4 | | Revenues generated from the reinstatement of hunting, fishing, |
| 5 | | trapping, ginseng, falconry, wildlife rehabilitation, and |
| 6 | | outfitter licenses or privileges shall be deposited into the |
| 7 | | Wildlife and Fish Fund or the Illinois Fisheries Management |
| 8 | | Fund, respectively. Revenues generated from the reinstatement |
| 9 | | of boating and snowmobile privileges shall be deposited into |
| 10 | | the State Boating Act Fund. Revenues generated from the |
| 11 | | reinstatement of forestry purchasing privileges shall be |
| 12 | | deposited into the Illinois Forestry Development Fund. Other |
| 13 | | revenues generated from the reinstatement of a license, permit, |
| 14 | | registration, or other privilege shall be deposited into the |
| 15 | | State fund in which the fee for that privilege is deposited. |
| 16 | | The Comptroller shall maintain a separate accounting of the |
| 17 | | moneys deposited under this subsection. |
| 18 | | (c) Moneys deposited under subsection (b) shall be used by |
| 19 | | the Department, subject to appropriation, for the following |
| 20 | | purposes: |
| 21 | | (1) 85% of the moneys shall be used for the purchase of |
| 22 | | law enforcement vehicles for use by the Department's Office |
| 23 | | of Law Enforcement. |
| 24 | | (2) 15% of the moneys shall be used for the promotion |
| 25 | | of safety education by the Department's Office of Strategic |
| 26 | | Services.
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| 1 | | (Source: P.A. 96-1160, eff. 1-1-11; 97-1011, eff. 8-17-12.)
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| 2 | | (20 ILCS 805/805-560) |
| 3 | | Sec. 805-560. Entrance fees for site visitors from other |
| 4 | | states. |
| 5 | | (a) The General Assembly finds that a dedicated funding |
| 6 | | stream shall be established for the operation and maintenance |
| 7 | | of sites owned, managed, or leased by the Department to help |
| 8 | | ensure that these State treasures will be properly maintained |
| 9 | | and remain accessible to the public for generations to come. |
| 10 | | (b) The Department may charge an annual vehicle access fee |
| 11 | | for access by site visitors from other states to properties |
| 12 | | owned, managed, or leased by the Department. |
| 13 | | (c) The Department may charge a daily vehicle access fee to |
| 14 | | site visitors from other states who have not paid the current |
| 15 | | annual vehicle access fee. |
| 16 | | (d) The Department may establish a fine for site visitors |
| 17 | | from other states who enter a site in a vehicle without paying |
| 18 | | the annual vehicle access fee or daily vehicle access fee. |
| 19 | | (e) Revenue generated by the fees and fine assessed |
| 20 | | pursuant to this Section shall be deposited into the State |
| 21 | | Parks Fund, or the Wildlife and Fish Fund, or the Illinois |
| 22 | | Fisheries Management Fund, special funds in the State treasury, |
| 23 | | depending on the classification of the State managed facility |
| 24 | | involved. |
| 25 | | (f) The Department shall adopt any and all rules necessary |
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| 1 | | to implement this Section. |
| 2 | | (g) The monies deposited into the State Parks Fund, or the |
| 3 | | Wildlife and Fish Fund, and the Illinois Fisheries Management |
| 4 | | Fund under this Section shall not be subject to administrative |
| 5 | | charges or chargebacks unless otherwise authorized by this Act.
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| 6 | | (Source: P.A. 97-1136, eff. 1-1-13.)
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| 7 | | Section 15. The State Parks Act is amended by changing |
| 8 | | Section 4c as follows:
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| 9 | | (20 ILCS 835/4c) (from Ch. 105, par. 468.3)
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| 10 | | Sec. 4c.
All income realized from properties under the |
| 11 | | jurisdiction
of the Department of Natural Resources shall be |
| 12 | | paid into
the State Parks Fund, except that income realized |
| 13 | | from properties managed and
operated principally as wildlife, |
| 14 | | forestry or fisheries areas shall be paid
into the Wildlife and |
| 15 | | Fish Fund or the Illinois Fisheries Management Fund, |
| 16 | | respectively. All income realized
from violations of this Act, |
| 17 | | other State laws and related regulations,
or local laws within |
| 18 | | such properties, except violations of the
Fish and Aquatic Life |
| 19 | | Code or the Wildlife Code, when such income is
derived from |
| 20 | | fines, penalties and other actions of county or municipal law
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| 21 | | enforcement personnel, may be retained by the county or |
| 22 | | municipality where
the violations occurred.
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| 23 | | The Department of Natural Resources may, upon written
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| 24 | | authorization of the Director of the Department, establish |
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| 1 | | local
bank or savings and loan association accounts to |
| 2 | | temporarily hold this income.
All local bank or savings and |
| 3 | | loan association accounts established pursuant to
this Section |
| 4 | | shall be in the name of the Department of Natural Resources and
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| 5 | | shall be subject to regular audits. The balance in a
local bank |
| 6 | | or savings and loan association account shall be forwarded to |
| 7 | | the
Department of Natural Resources for deposit with the State
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| 8 | | Treasurer on Monday of each week if the amount to be deposited |
| 9 | | in a fund
exceeds $500 or within 30 days after deposit.
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| 10 | | No bank or savings and loan association shall receive |
| 11 | | public funds as
permitted by this Section, unless it has |
| 12 | | complied with the requirements
established pursuant to Section |
| 13 | | 6 of the Public Funds Investment Act.
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| 14 | | (Source: P.A. 89-445, eff. 2-7-96.)
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| 15 | | Section 20. The Firearms Training Act is amended by |
| 16 | | changing Sections 2 and 3 as follows:
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| 17 | | (20 ILCS 875/2) (from Ch. 127, par. 63b62)
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| 18 | | Sec. 2.
The Department of Natural Resources shall establish |
| 19 | | procedures
for administering the
programs. The Department may |
| 20 | | charge fees to recover expenses and shall deposit
any fees |
| 21 | | collected into the Wildlife and Fish Fund.
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| 22 | | (Source: P.A. 89-75, eff. 1-1-96; 89-445, eff. 2-7-96.)
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| 23 | | (20 ILCS 875/3) (from Ch. 127, par. 63b63)
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| 1 | | Sec. 3.
Every program coordinator authorized by the |
| 2 | | Director to
supervise a training program organized under this |
| 3 | | Act shall be covered
by a liability insurance policy which |
| 4 | | protects him from liability for
damages arising during any time |
| 5 | | he is engaged in the operation of his
official duties. The cost |
| 6 | | of such a program coordinator's liability
insurance policy |
| 7 | | shall be paid by the State of Illinois and shall be a
charge on |
| 8 | | the Wildlife Fund wildlife and fish fund.
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| 9 | | (Source: P.A. 81-358.)
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| 10 | | Section 25. The State Finance Act is amended by changing |
| 11 | | Sections 5.21 and 8.30 as follows:
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| 12 | | (30 ILCS 105/5.21) (from Ch. 127, par. 141.21)
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| 13 | | Sec. 5.21. The Wildlife and Fish Fund. |
| 14 | | (Source: P.A. 81-358.)
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| 15 | | (30 ILCS 105/8.30) (from Ch. 127, par. 144.30)
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| 16 | | Sec. 8.30.
All moneys received from the issuance of |
| 17 | | Lifetime
Hunting, Fishing or Sportsmen's Combination Licenses |
| 18 | | under Section
20-45 of the Fish and Aquatic Life Code shall be |
| 19 | | deposited
into the Fish and Wildlife Endowment Fund. All |
| 20 | | interest earned and accrued
from monies deposited in the Fish |
| 21 | | and Wildlife Endowment Fund shall be
deposited monthly by the |
| 22 | | State Treasurer in the Fish and Wildlife Endowment
Fund. The |
| 23 | | Treasurer upon request of the Director of the Department of
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| 1 | | Natural Resources from time to time may transfer amounts
from |
| 2 | | the Fish and
Wildlife Endowment Fund to the Wildlife and Fish |
| 3 | | Fund and the Illinois Fisheries Management Fund, but
the annual |
| 4 | | transfers shall not exceed the annual interest accrued to the
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| 5 | | Fish and Wildlife Endowment Fund.
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| 6 | | (Source: P.A. 89-445, eff. 2-7-96.)
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| 7 | | Section 30. The Illinois Oil and Gas Act is amended by |
| 8 | | changing Section 22.2 as follows:
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| 9 | | (225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436)
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| 10 | | Sec. 22.2. Integration of interests in drilling unit.
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| 11 | | (a) As used in
this Section, "owner" means any person
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| 12 | | having an interest in the right to drill into and produce oil |
| 13 | | or gas from
any pool, and to appropriate the production for |
| 14 | | such owner or others.
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| 15 | | (b) Except as provided in subsection (b-5), when 2 or more |
| 16 | | separately
owned tracts of land are embraced
within an |
| 17 | | established drilling unit, or when there are separately owned
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| 18 | | interests in all or a part of such units, the owners of all oil |
| 19 | | and gas
interests therein may validly agree to integrate their |
| 20 | | interests and to
develop their lands as a drilling unit.
Where, |
| 21 | | however, such owners have
not agreed to integrate their |
| 22 | | interests and where no action has been
commenced seeking |
| 23 | | permission to drill pursuant to the provisions of "An Act
in |
| 24 | | relation to oil and gas interests in land", approved July 1, |
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| 1 | | 1939, and
where at least one of the owners has drilled or has |
| 2 | | proposed to drill a
well on an established drilling unit the |
| 3 | | Department on the application of
an owner shall, for the |
| 4 | | prevention of waste or to avoid the drilling of
unnecessary |
| 5 | | wells, require such owners to do so and to develop their lands
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| 6 | | as a drilling unit. The Department, as a part of the order |
| 7 | | integrating
interests, may prescribe the terms and conditions |
| 8 | | upon which the royalty
interests in the unit or units shall, in |
| 9 | | the absence of voluntary
agreement, be determined to be |
| 10 | | integrated without the necessity of a
subsequent separate order |
| 11 | | integrating the royalty interests. Each such
integration order |
| 12 | | shall be upon terms and conditions that are just and
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| 13 | | reasonable.
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| 14 | | (b-5) When 2 or more separately owned tracts of land are |
| 15 | | embraced within
an established drilling unit, or when there are |
| 16 | | separately owned interests in
all or a part of the unit, and |
| 17 | | one of the owners is the Department of
Natural Resources, |
| 18 | | integration of the separate tracts shall be allowed only
if, |
| 19 | | following a comprehensive environmental impact review |
| 20 | | performed by the
Department, the Department determines that no |
| 21 | | substantial or irreversible
detrimental harm will occur on |
| 22 | | Department lands as a result of any proposed
activities |
| 23 | | relating to mineral extraction. The environmental impact |
| 24 | | review
shall include but shall not be
limited to an assessment |
| 25 | | of the potential destruction or depletion of flora and
fauna, |
| 26 | | wildlife and its supporting habitat, surface and subsurface |
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| 1 | | water
supplies, aquatic life, and recreational activities |
| 2 | | located on the land
proposed to be integrated. The Department |
| 3 | | shall adopt rules necessary to
implement this subsection.
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| 4 | | (b-6) All proceeds, bonuses, rentals, royalties, and other |
| 5 | | inducements and
considerations received from the integration |
| 6 | | of Department of Natural Resources
lands that have not been |
| 7 | | purchased by the Department of Natural Resources with
moneys |
| 8 | | appropriated from the Wildlife and Fish Fund and the Illinois |
| 9 | | Fisheries Management Fund shall be deposited as
follows: at |
| 10 | | least 50% of the amounts received shall be deposited into the
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| 11 | | State Parks Fund and not more than 50% shall be deposited into |
| 12 | | the Plugging and
Restoration Fund.
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| 13 | | (c) All orders requiring such integration shall be made |
| 14 | | after notice and
hearing and shall be upon terms and conditions |
| 15 | | that are just and reasonable
and will afford to the owners of |
| 16 | | all oil and gas interests in each tract in
the drilling unit |
| 17 | | the opportunity to recover or receive their just and
equitable |
| 18 | | share of oil or gas from the drilling unit without unreasonable
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| 19 | | expense and will prevent or minimize reasonably avoidable |
| 20 | | drainage from
each integrated drilling unit which is not |
| 21 | | equalized by counter drainage,
but the Department may not limit |
| 22 | | the production from any well under this
provision. The request |
| 23 | | shall be made by petition accompanied by a non-refundable |
| 24 | | application fee of $1,500. The fee shall be deposited into the |
| 25 | | Underground Resources Conservation Enforcement Fund. The |
| 26 | | monies deposited into the Underground Resources Conservation |
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| 1 | | Enforcement Fund under this subsection shall not be subject to |
| 2 | | administrative charges or chargebacks unless otherwise |
| 3 | | authorized by this Act.
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| 4 | | (d) All operations, including, but not limited to, the |
| 5 | | commencement,
drilling, or operation of a well upon any portion |
| 6 | | of a drilling unit shall
be deemed for all purposes the conduct |
| 7 | | of such operations upon each
separately owned tract in the |
| 8 | | drilling unit by the several owners thereof.
That portion of |
| 9 | | the production allocated to a separately owned tract
included |
| 10 | | in a drilling unit shall, when produced, be deemed, for all
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| 11 | | purposes, to have been actually produced from such tract by a |
| 12 | | well drilled
thereon.
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| 13 | | (e) In making the determination of integrating separately |
| 14 | | owned
interests, and determining to whom the permit should be |
| 15 | | issued, the
Department may consider:
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| 16 | | (1) the reasons requiring the integration of separate |
| 17 | | interests;
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| 18 | | (2) the respective interests of the parties in the |
| 19 | | drilling unit
sought to be established, and the pool or |
| 20 | | pools in the field where the
proposed drilling unit is |
| 21 | | located;
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| 22 | | (3) any parties' prior or present compliance with the |
| 23 | | Act and the
Department's rules; and
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| 24 | | (4) any other information relevant to protect the |
| 25 | | correlative rights
of the parties sought to be affected by |
| 26 | | the integration order.
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| 1 | | (f) Each such integration order shall authorize the |
| 2 | | drilling, testing,
completing, equipping, and operation of a |
| 3 | | well on the drilling unit;
provide who may drill and operate |
| 4 | | the well; prescribe the time and manner
in which all the owners |
| 5 | | in the drilling unit may elect to participate
therein; and make |
| 6 | | provision for the payment by all those who elect to
participate |
| 7 | | therein of the reasonable actual cost thereof, plus a
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| 8 | | reasonable charge for supervision and interest. Should an owner |
| 9 | | not elect
to voluntarily participate in the risk and costs of |
| 10 | | the drilling, testing,
completing and operation of a well as |
| 11 | | determined by the Department, the
integration order shall |
| 12 | | provide either that:
|
| 13 | | (1) the nonparticipating owner shall surrender a |
| 14 | | leasehold interest to
the participating owners on a basis |
| 15 | | and for such terms and consideration
the Department finds |
| 16 | | fair and reasonable; or
|
| 17 | | (2) the nonparticipating owner shall share in a |
| 18 | | proportionate part of
the production of oil and gas from |
| 19 | | the drilling unit determined by the
Department, and pay a |
| 20 | | proportionate part of operation cost after the
|
| 21 | | participating owners have recovered from the production of |
| 22 | | oil or gas from
a well all actual costs in the drilling, |
| 23 | | testing, completing and operation
of the well plus a |
| 24 | | penalty to be determined by the Department of not less
than |
| 25 | | 100% nor more than 300% of such actual costs.
|
| 26 | | (g) For the purpose of this Section, the owner or owners of |
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| 1 | | oil and gas
rights in and under an unleased tract of land shall |
| 2 | | be regarded as a lessee
to the extent of a 7/8 interest in and |
| 3 | | to said rights and a lessor to the
extent of the remaining 1/8 |
| 4 | | interest therein.
|
| 5 | | (h) In the event of any dispute relative to costs and |
| 6 | | expenses of
drilling, testing, equipping, completing and |
| 7 | | operating a well, the
Department shall determine the proper |
| 8 | | costs after due notice to interested
parties and a hearing |
| 9 | | thereon. The operator of such unit, in addition to
any other |
| 10 | | right provided by the integration order of the Department, |
| 11 | | shall
have a lien on the mineral leasehold estate or rights |
| 12 | | owned by the other
owners therein and upon their shares of the |
| 13 | | production from such unit to
the extent that costs incurred in |
| 14 | | the development and operation upon said
unit are a charge |
| 15 | | against such interest by order of the Department or by
|
| 16 | | operation of law. Such liens shall be separable as to each |
| 17 | | separate owner
within such unit, and shall remain liens until |
| 18 | | the owner or owners drilling
or operating the well have been |
| 19 | | paid the amount due under the terms of the
integration order. |
| 20 | | The Department is specifically authorized to provide
that the |
| 21 | | owner or owners drilling, or paying for the drilling, or for |
| 22 | | the
operation of a well for the benefit of all shall be |
| 23 | | entitled to production
from such well which would be received |
| 24 | | by the owner or owners for whose
benefit the well was drilled |
| 25 | | or operated, after payment of royalty, until
the owner or |
| 26 | | owners drilling or operating the well have been paid the
amount |
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| 1 | | due under the terms of the integration order settling such |
| 2 | | dispute.
|
| 3 | | (Source: P.A. 97-1136, eff. 1-1-13.)
|
| 4 | | Section 35. The Environmental Protection Act is amended by |
| 5 | | changing Section 42 as follows:
|
| 6 | | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) |
| 7 | | Sec. 42. Civil penalties. |
| 8 | | (a) Except as provided in this Section, any person that |
| 9 | | violates any
provision of this Act or any regulation adopted by |
| 10 | | the Board, or any permit
or term or condition thereof, or that |
| 11 | | violates any order of the Board pursuant
to this Act, shall be |
| 12 | | liable for a civil penalty of not to exceed
$50,000 for the |
| 13 | | violation and an additional civil penalty of not to exceed
|
| 14 | | $10,000 for each day during which the violation continues; such |
| 15 | | penalties may,
upon order of the Board or a court of competent |
| 16 | | jurisdiction, be made payable
to the Environmental Protection |
| 17 | | Trust Fund, to be used in accordance with the
provisions of the |
| 18 | | Environmental Protection Trust Fund Act. |
| 19 | | (b) Notwithstanding the provisions of subsection (a) of |
| 20 | | this Section: |
| 21 | | (1) Any person that violates Section 12(f) of this Act |
| 22 | | or any
NPDES permit or term or condition thereof, or any |
| 23 | | filing requirement,
regulation or order relating to the |
| 24 | | NPDES permit program, shall be liable
to a civil penalty of |
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| 1 | | not to exceed $10,000 per day of violation. |
| 2 | | (2) Any person that violates Section 12(g) of this Act |
| 3 | | or any UIC permit
or term or condition thereof, or any |
| 4 | | filing requirement, regulation or order
relating to the |
| 5 | | State UIC program for all wells, except Class II wells as
|
| 6 | | defined by the Board under this Act, shall be liable to a |
| 7 | | civil penalty
not to exceed $2,500 per day of violation; |
| 8 | | provided, however, that any person
who commits such |
| 9 | | violations relating to the State UIC program for Class
II |
| 10 | | wells, as defined by the Board under this Act, shall be |
| 11 | | liable to a civil
penalty of not to exceed $10,000 for the |
| 12 | | violation and an additional civil
penalty of not to exceed |
| 13 | | $1,000 for each day during which the violation
continues. |
| 14 | | (3) Any person that violates Sections 21(f), 21(g), |
| 15 | | 21(h) or 21(i) of
this Act, or any RCRA permit or term or |
| 16 | | condition thereof, or any filing
requirement, regulation |
| 17 | | or order relating to the State RCRA program, shall
be |
| 18 | | liable to a civil penalty of not to exceed $25,000 per day |
| 19 | | of violation. |
| 20 | | (4)
In an administrative citation action under Section |
| 21 | | 31.1 of this Act,
any person found to have violated any |
| 22 | | provision of subsection (o) of
Section 21 of this Act shall |
| 23 | | pay a civil penalty of $500 for each
violation of each such |
| 24 | | provision, plus any hearing costs incurred by the Board
and |
| 25 | | the Agency. Such penalties shall be made payable to the |
| 26 | | Environmental
Protection Trust Fund, to be used in |
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| 1 | | accordance with the provisions of the
Environmental |
| 2 | | Protection Trust Fund Act; except that if a unit of local
|
| 3 | | government issued the administrative citation, 50% of the |
| 4 | | civil penalty shall
be payable to the unit of local |
| 5 | | government. |
| 6 | | (4-5) In an administrative citation action under |
| 7 | | Section 31.1 of this
Act, any person found to have violated |
| 8 | | any
provision of subsection (p) of
Section 21, Section |
| 9 | | 22.51, Section 22.51a, or subsection (k) of Section 55 of |
| 10 | | this Act shall pay a civil penalty of $1,500 for each |
| 11 | | violation
of
each such provision, plus any hearing costs |
| 12 | | incurred by the Board and the
Agency, except that the civil |
| 13 | | penalty amount shall be $3,000 for
each violation of any |
| 14 | | provision of subsection (p) of Section 21, Section 22.51, |
| 15 | | Section 22.51a, or subsection (k) of Section 55 that is the
|
| 16 | | person's second or subsequent adjudication violation of |
| 17 | | that
provision. The penalties shall be deposited into the
|
| 18 | | Environmental Protection Trust Fund, to be used in |
| 19 | | accordance with the
provisions of the Environmental |
| 20 | | Protection Trust Fund Act; except that if a
unit of local |
| 21 | | government issued the administrative citation, 50% of the |
| 22 | | civil
penalty shall be payable to the unit of local |
| 23 | | government. |
| 24 | | (5) Any person who violates subsection 6 of Section |
| 25 | | 39.5 of this Act
or any CAAPP permit, or term or condition |
| 26 | | thereof, or any fee or filing
requirement, or any duty to |
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| 1 | | allow or carry out inspection, entry or
monitoring |
| 2 | | activities, or any regulation or order relating to the |
| 3 | | CAAPP
shall be liable for a civil penalty not to exceed |
| 4 | | $10,000 per day of violation. |
| 5 | | (6) Any owner or operator of a community water system |
| 6 | | that violates subsection (b) of Section 18.1 or subsection |
| 7 | | (a) of Section 25d-3 of this Act shall, for each day of |
| 8 | | violation, be liable for a civil penalty not to exceed $5 |
| 9 | | for each of the premises connected to the affected |
| 10 | | community water system. |
| 11 | | (b.5) In lieu of the penalties set forth in subsections (a) |
| 12 | | and (b) of
this Section, any person who fails to file, in a |
| 13 | | timely manner, toxic
chemical release forms with the Agency |
| 14 | | pursuant to Section 25b-2
of this Act
shall be liable for a |
| 15 | | civil penalty of $100 per day for
each day the forms are
late, |
| 16 | | not to exceed a maximum total penalty of $6,000. This daily |
| 17 | | penalty
shall begin accruing on the thirty-first day after the
|
| 18 | | date that the person receives the warning notice issued by the |
| 19 | | Agency pursuant
to Section 25b-6 of this Act; and the penalty |
| 20 | | shall be paid to the Agency. The
daily accrual of penalties |
| 21 | | shall cease as of January 1 of the following year.
All |
| 22 | | penalties collected by the Agency pursuant to this subsection |
| 23 | | shall be
deposited into the Environmental Protection Permit and |
| 24 | | Inspection Fund. |
| 25 | | (c) Any person that violates this Act, any rule or |
| 26 | | regulation adopted under
this Act, any permit or term or |
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| 1 | | condition of a permit, or any Board order and
causes the death |
| 2 | | of fish
or aquatic life shall, in addition to the other |
| 3 | | penalties provided by
this Act, be liable to pay to the State |
| 4 | | an additional sum for the
reasonable value of the fish or |
| 5 | | aquatic life destroyed. Any money so
recovered shall be placed |
| 6 | | in the Illinois Fisheries Management Fund Wildlife and Fish |
| 7 | | Fund in the State
Treasury. |
| 8 | | (d) The penalties provided for in this Section may be |
| 9 | | recovered in a
civil action. |
| 10 | | (e) The State's Attorney of the county in which the |
| 11 | | violation
occurred, or the Attorney General, may, at the |
| 12 | | request of the Agency or
on his own motion, institute a civil |
| 13 | | action for an injunction, prohibitory or mandatory, to
restrain |
| 14 | | violations of this Act, any rule or regulation adopted under |
| 15 | | this Act,
any permit or term or condition of a permit, or any |
| 16 | | Board order, or to require such other actions as may be |
| 17 | | necessary to address violations of this Act, any rule or |
| 18 | | regulation adopted under this Act, any permit or term or |
| 19 | | condition of a permit, or any Board order. |
| 20 | | (f) The State's Attorney of the county in which the |
| 21 | | violation
occurred, or the Attorney General, shall bring such |
| 22 | | actions in the name
of the people of the State of Illinois.
|
| 23 | | Without limiting any other authority which may exist for the |
| 24 | | awarding
of attorney's fees and costs, the Board or a court of |
| 25 | | competent
jurisdiction may award costs and reasonable |
| 26 | | attorney's fees, including the
reasonable costs of expert |
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| 1 | | witnesses and consultants, to the State's
Attorney or the |
| 2 | | Attorney General in a case where he has prevailed against a
|
| 3 | | person who has committed a wilful, knowing or repeated |
| 4 | | violation of this Act,
any rule or regulation adopted under |
| 5 | | this Act, any permit or term or condition
of a permit, or any |
| 6 | | Board order. |
| 7 | | Any funds collected under this subsection (f) in which the |
| 8 | | Attorney
General has prevailed shall be deposited in the
|
| 9 | | Hazardous Waste Fund created in Section 22.2 of this Act. Any |
| 10 | | funds
collected under this subsection (f) in which a State's |
| 11 | | Attorney has
prevailed shall be retained by the county in which |
| 12 | | he serves. |
| 13 | | (g) All final orders imposing civil penalties pursuant to |
| 14 | | this Section
shall prescribe the time for payment of such |
| 15 | | penalties. If any such
penalty is not paid within the time |
| 16 | | prescribed, interest on such penalty
at the rate set forth in |
| 17 | | subsection (a) of Section 1003 of the Illinois Income
Tax Act, |
| 18 | | shall be paid for the period from the date payment is due until |
| 19 | | the
date payment is received. However, if the time for payment |
| 20 | | is stayed during
the pendency of an appeal, interest shall not |
| 21 | | accrue during such stay. |
| 22 | | (h) In determining the appropriate civil penalty to be |
| 23 | | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), or |
| 24 | | (b)(5) of this
Section, the Board is authorized to consider any |
| 25 | | matters of record in
mitigation or aggravation of penalty, |
| 26 | | including but not limited to the
following factors: |
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| 1 | | (1) the duration and gravity of the violation; |
| 2 | | (2) the presence or absence of due diligence on the |
| 3 | | part of the
respondent in attempting to comply with |
| 4 | | requirements of this
Act and regulations thereunder or to |
| 5 | | secure relief therefrom as provided by
this Act; |
| 6 | | (3) any economic benefits accrued by the respondent
|
| 7 | | because of delay in compliance with requirements, in which |
| 8 | | case the economic
benefits shall be determined by the |
| 9 | | lowest cost alternative for achieving
compliance; |
| 10 | | (4) the amount of monetary penalty which will serve to |
| 11 | | deter further
violations by the respondent and to otherwise |
| 12 | | aid in enhancing
voluntary
compliance with this Act by the |
| 13 | | respondent and other persons
similarly
subject to the Act; |
| 14 | | (5) the number, proximity in time, and gravity of |
| 15 | | previously
adjudicated violations of this Act by the |
| 16 | | respondent; |
| 17 | | (6) whether the respondent voluntarily self-disclosed, |
| 18 | | in accordance
with subsection (i) of this Section, the |
| 19 | | non-compliance to the Agency; |
| 20 | | (7) whether the respondent has agreed to undertake a |
| 21 | | "supplemental
environmental project," which means an |
| 22 | | environmentally beneficial project that
a respondent |
| 23 | | agrees to undertake in settlement of an enforcement action |
| 24 | | brought
under this Act, but which the respondent is not |
| 25 | | otherwise legally required to
perform; and |
| 26 | | (8) whether the respondent has successfully completed |
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| 1 | | a Compliance Commitment Agreement under subsection (a) of |
| 2 | | Section 31 of this Act to remedy the violations that are |
| 3 | | the subject of the complaint. |
| 4 | | In determining the appropriate civil penalty to be imposed |
| 5 | | under subsection
(a) or paragraph (1), (2), (3), or (5) of |
| 6 | | subsection (b) of this Section, the
Board shall ensure, in all |
| 7 | | cases, that the penalty is at least as great as the
economic |
| 8 | | benefits, if any, accrued by the respondent as a result of the
|
| 9 | | violation, unless the Board finds that imposition of such |
| 10 | | penalty would result
in an arbitrary or unreasonable financial |
| 11 | | hardship. However, such civil
penalty
may be off-set in whole |
| 12 | | or in part pursuant to a supplemental
environmental project |
| 13 | | agreed to by the complainant and the respondent. |
| 14 | | (i) A person who voluntarily self-discloses non-compliance |
| 15 | | to the Agency,
of which the Agency had been unaware, is |
| 16 | | entitled to a 100% reduction in the
portion of the penalty that |
| 17 | | is not based on the economic benefit of
non-compliance if the |
| 18 | | person can
establish the following: |
| 19 | | (1) that the non-compliance was discovered through an |
| 20 | | environmental
audit or a compliance management system |
| 21 | | documented by the regulated entity as
reflecting the |
| 22 | | regulated entity's due diligence in preventing, detecting, |
| 23 | | and
correcting violations; |
| 24 | | (2) that the non-compliance was disclosed in writing |
| 25 | | within 30 days of
the date on which the person discovered |
| 26 | | it; |
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| 1 | | (3) that the non-compliance was discovered and |
| 2 | | disclosed prior to: |
| 3 | | (i) the commencement of an Agency inspection, |
| 4 | | investigation, or request
for information; |
| 5 | | (ii) notice of a citizen suit; |
| 6 | | (iii) the filing of a complaint by a citizen, the |
| 7 | | Illinois Attorney
General, or the State's Attorney of |
| 8 | | the county in which the violation occurred; |
| 9 | | (iv) the reporting of the non-compliance by an |
| 10 | | employee of the person
without that person's |
| 11 | | knowledge; or |
| 12 | | (v) imminent discovery of the non-compliance by |
| 13 | | the Agency; |
| 14 | | (4) that the non-compliance is being corrected and any |
| 15 | | environmental
harm is being remediated in a timely fashion; |
| 16 | | (5) that the person agrees to prevent a recurrence of |
| 17 | | the non-compliance; |
| 18 | | (6) that no related non-compliance events have |
| 19 | | occurred in the
past 3 years at the same facility or in the |
| 20 | | past 5 years as part of a
pattern at multiple facilities |
| 21 | | owned or operated by the person; |
| 22 | | (7) that the non-compliance did not result in serious |
| 23 | | actual
harm or present an imminent and substantial |
| 24 | | endangerment to human
health or the environment or violate |
| 25 | | the specific terms of any judicial or
administrative order |
| 26 | | or consent agreement; |
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| 1 | | (8) that the person cooperates as reasonably requested |
| 2 | | by the Agency
after the disclosure; and |
| 3 | | (9) that the non-compliance was identified voluntarily |
| 4 | | and not through a
monitoring, sampling, or auditing |
| 5 | | procedure that is required by statute, rule,
permit, |
| 6 | | judicial or administrative order, or consent agreement. |
| 7 | | If a person can establish all of the elements under this |
| 8 | | subsection except
the element set forth in paragraph (1) of |
| 9 | | this subsection, the person is
entitled to a 75% reduction in |
| 10 | | the portion of the penalty that is not based
upon the economic |
| 11 | | benefit of non-compliance. |
| 12 | | (j) In addition to any other remedy or penalty that may
|
| 13 | | apply, whether civil or criminal, any person who violates |
| 14 | | Section 22.52 of this Act shall be liable for an additional |
| 15 | | civil penalty of up to 3 times the gross amount of any |
| 16 | | pecuniary gain resulting from the violation.
|
| 17 | | (k) In addition to any other remedy or penalty that may |
| 18 | | apply, whether civil or criminal, any person who violates |
| 19 | | subdivision (a)(7.6) of Section 31 of this Act shall be liable |
| 20 | | for an additional civil penalty of $2,000. |
| 21 | | (Source: P.A. 96-603, eff. 8-24-09; 96-737, eff. 8-25-09; |
| 22 | | 96-1000, eff. 7-2-10; 96-1416, eff. 7-30-10; 97-519, eff. |
| 23 | | 8-23-11.)
|
| 24 | | Section 40. The Firearm Owners Identification Card Act is |
| 25 | | amended by changing Section 5 as follows:
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| 1 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
|
| 2 | | Sec. 5. The Department of State Police shall either approve |
| 3 | | or
deny all applications within 30 days from the date they are |
| 4 | | received,
and every applicant found qualified under Section 8 |
| 5 | | of this Act by
the Department shall be entitled to a Firearm |
| 6 | | Owner's Identification
Card upon the payment of a $10 fee. Any |
| 7 | | applicant who is an active duty member of the Armed Forces of |
| 8 | | the United States, a member of the Illinois National Guard, or |
| 9 | | a member of the Reserve Forces of the United States is exempt |
| 10 | | from the application fee. $6 of each fee derived from the
|
| 11 | | issuance of Firearm Owner's Identification Cards, or renewals |
| 12 | | thereof,
shall be deposited in the Wildlife and Fish Fund in |
| 13 | | the State Treasury;
$1 of the fee shall be deposited in the |
| 14 | | State Police Services Fund and $3 of the fee shall be deposited |
| 15 | | in the
State Police Firearm Services Fund.
|
| 16 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
| 17 | | Section 45. The Fish and Aquatic Life Code is amended by |
| 18 | | changing Sections 1-155, 1-215, 1-230, 5-5, 20-45, 20-85, and |
| 19 | | 30-15 and by adding Sections 1-43 and 1-231 as follows:
|
| 20 | | (515 ILCS 5/1-43 new) |
| 21 | | Sec. 1-43. Fisheries Division Chief. "Fisheries Division |
| 22 | | Chief" means the top Administrator in the Division of Fisheries |
| 23 | | in the Department of Natural Resources.
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| 1 | | (515 ILCS 5/1-155) (from Ch. 56, par. 1-155)
|
| 2 | | Sec. 1-155. Conservation training schools; public |
| 3 | | education. The
Department may establish Conservation Training |
| 4 | | Schools and employ
technicians and other help necessary for the |
| 5 | | purpose of
teaching conservation methods to employees of the |
| 6 | | Department and
other interested groups as the Department deems |
| 7 | | necessary or desirable
to carry out the provisions and purposes |
| 8 | | of this Code.
|
| 9 | | In order to educate the citizens of this State in the |
| 10 | | modern trends of
conservation, the Department shall |
| 11 | | disseminate conservation information and
the provisions of |
| 12 | | this Code through lectures, motion pictures, photographs,
|
| 13 | | exhibits, radio, news items, pamphlets, and other media the |
| 14 | | Department may
deem suitable for this purpose.
|
| 15 | | The Department may publish, periodically, a bulletin or |
| 16 | | magazine
containing information concerning the work of the |
| 17 | | Department, the
conservation and propagation of wildlife, |
| 18 | | hunting and fishing, and any other
information as the |
| 19 | | Department deems to be of general or special interest to
|
| 20 | | sportsmen and others affected by any law administered by the |
| 21 | | Department. A
reasonable charge may be made for each copy of |
| 22 | | the publication. All funds
derived from the sale of that |
| 23 | | publication shall be deposited equally into the
Wildlife and |
| 24 | | Fish Fund and the Illinois Fisheries Management Fund in the |
| 25 | | State Treasury.
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| 1 | | The Department shall provide and maintain management and |
| 2 | | habitat
development on State controlled lands or waters used in |
| 3 | | propagating or
breeding aquatic life as the Department deems |
| 4 | | necessary to conform with the
most modern conservation methods. |
| 5 | | The Department may also cooperate in
management and habitat |
| 6 | | development with any person propagating or breeding
aquatic |
| 7 | | life on privately-owned lands or waters.
|
| 8 | | (Source: P.A. 87-833.)
|
| 9 | | (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
|
| 10 | | Sec. 1-215. Illegal fishing devices; public nuisance. |
| 11 | | Every fishing
device, including seines, nets, or traps, or any |
| 12 | | electrical device or any
other devices, including vehicles, |
| 13 | | watercraft, or aircraft, used or
operated illegally or |
| 14 | | attempted to be used or operated illegally by any
person in |
| 15 | | taking, transporting, holding, or conveying any aquatic life
|
| 16 | | contrary to this Code, including administrative rules, shall be |
| 17 | | deemed a
public nuisance and therefore illegal and subject to |
| 18 | | seizure and
confiscation by any authorized employee of the |
| 19 | | Department. Upon the
seizure of such an item the Department |
| 20 | | shall take and hold the item until
disposed of as provided in |
| 21 | | this Code.
|
| 22 | | Upon the seizure of any device because of its illegal use, |
| 23 | | the officer
or authorized employee of the Department making the |
| 24 | | seizure shall, as soon
as reasonably possible, cause a |
| 25 | | complaint to be filed before the Circuit
Court and a summons to |
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| 1 | | be issued requiring the owner or person in
possession of the |
| 2 | | property to appear in court and show cause why the
device |
| 3 | | seized should not be forfeited to the State. Upon the return of
|
| 4 | | the summons duly served or upon posting or publication of |
| 5 | | notice as provided
in this Code, the court shall proceed to |
| 6 | | determine the question of the
illegality of the use of the |
| 7 | | seized property. Upon judgment being entered
to the effect that |
| 8 | | the property was illegally used, an order shall be
entered |
| 9 | | providing for the forfeiture of the seized property to the |
| 10 | | State.
The owner of the property, however, may have a jury |
| 11 | | determine the
illegality of its use, and shall have the right |
| 12 | | of an appeal as in other
civil cases. Confiscation or |
| 13 | | forfeiture shall not preclude or mitigate
against prosecution |
| 14 | | and assessment of penalties provided in Section 20-35
of this |
| 15 | | Code.
|
| 16 | | Upon seizure of any property under circumstances |
| 17 | | supporting a
reasonable belief that the property was abandoned, |
| 18 | | lost, stolen, or
otherwise illegally possessed or used contrary |
| 19 | | to this
Code, except property seized during a search or arrest, |
| 20 | | and ultimately
returned, destroyed, or otherwise disposed of |
| 21 | | under order of a court
in accordance with this Code, the |
| 22 | | authorized employee of the Department
shall make reasonable |
| 23 | | inquiry and efforts to identify and notify the owner
or other |
| 24 | | person entitled to possession of the property and shall return |
| 25 | | the
property after the person provides reasonable and |
| 26 | | satisfactory proof of
his or her ownership or right to |
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| 1 | | possession and reimburses the Department
for all reasonable |
| 2 | | expenses of custody. If the identity or location of the
owner |
| 3 | | or other person entitled to possession of the property has not |
| 4 | | been
ascertained within 6 months after the Department obtains |
| 5 | | possession, the
Department shall effectuate the sale of the |
| 6 | | property for cash to the
highest bidder at a public auction. |
| 7 | | The owner or other person entitled to
possession of the |
| 8 | | property may claim and recover possession of the
property at |
| 9 | | any time before its sale at public auction upon providing
|
| 10 | | reasonable and satisfactory proof of ownership or right of |
| 11 | | possession and
reimbursing the Department for all reasonable |
| 12 | | expenses of custody.
|
| 13 | | Any property forfeited to the State by court order under |
| 14 | | this Section
may be disposed of by public auction, except that |
| 15 | | any property that is
the subject of a court order shall not be |
| 16 | | disposed of pending appeal
of the order. The proceeds of the |
| 17 | | sales at auction shall be deposited in
the Illinois Fisheries |
| 18 | | Management Wildlife and Fish Fund.
|
| 19 | | The Department shall pay all costs of posting or |
| 20 | | publication of
notices required by this Section.
|
| 21 | | (Source: P.A. 87-833.)
|
| 22 | | (515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
|
| 23 | | Sec. 1-230. Wildlife and Fish Fund; disposition of money
|
| 24 | | received. All fees, fines, income of whatever kind or nature |
| 25 | | derived
from hunting and fishing activities on lands, waters, |
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| 1 | | or both under the
jurisdiction or control of the Department, |
| 2 | | and all penalties collected under
this Code shall be deposited |
| 3 | | into the State Treasury and
shall be set apart in a special |
| 4 | | fund to be known as the Wildlife and Fish
Fund; except that all |
| 5 | | fees and revenues from commercial fishing licenses, sport |
| 6 | | fishing licenses, inland trout stamps, reimbursements from |
| 7 | | sport fish restoration grants and Asian Carp and aquatic |
| 8 | | invasive species grants and other grants from the federal |
| 9 | | government, fines collected for fish kills and violations of |
| 10 | | the Fish and Aquatic Life Code, stamps issued for fish habitat, |
| 11 | | management, or angling events after January 1, 2015 shall be |
| 12 | | deposited into the Illinois Fisheries Management Fund to be |
| 13 | | used as specified under Section 1-231 of this Code; except that |
| 14 | | fees derived solely from the sale of salmon stamps, income
from |
| 15 | | art contests for the salmon stamp, including income from the |
| 16 | | sale
of reprints, and gifts, donations, grants, and bequests of |
| 17 | | money for the
conservation and propagation of salmon shall be |
| 18 | | deposited into the State
Treasury and set apart in the special |
| 19 | | fund to be known as the Salmon
Fund; and except that fees |
| 20 | | derived solely from the sale of state
migratory waterfowl |
| 21 | | stamps, and gifts, donations, grants and bequests of
money for |
| 22 | | the conservation and propagation of waterfowl, shall be |
| 23 | | deposited
into the State Treasury and set apart in the special |
| 24 | | fund to be known as the
State Migratory Waterfowl Stamp Fund. |
| 25 | | All interest that accrues from moneys
in the Wildlife and Fish |
| 26 | | Fund, the Illinois Fisheries Management Fund, the Salmon Fund, |
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| 1 | | and the State Migratory
Waterfowl Stamp Fund shall be retained |
| 2 | | in those funds respectively.
Except for the additional moneys |
| 3 | | deposited under Section 805-550 of the Department of Natural |
| 4 | | Resources (Conservation) Law of the
Civil Administrative Code |
| 5 | | of Illinois, appropriations from the Wildlife and Fish Fund and |
| 6 | | the Illinois Fisheries Management Fund shall be made only to |
| 7 | | the
Department for the carrying out of the powers and functions |
| 8 | | vested by law
in the Department
for the administration and |
| 9 | | management of fish and wildlife resources of this State for |
| 10 | | such activities as (i) the purchase of land for fish |
| 11 | | hatcheries,
wildlife refuges, preserves, and public shooting |
| 12 | | and fishing grounds; (ii)
the purchase and distribution of wild |
| 13 | | birds, the eggs of wild birds, and
wild mammals; (iii) the |
| 14 | | rescuing, restoring and distributing of fish; (iv)
the |
| 15 | | maintenance of wildlife refuges or preserves, public shooting |
| 16 | | grounds,
public fishing grounds, and fish hatcheries; and (v) |
| 17 | | the feeding and care
of wild birds, wild mammals, and fish. |
| 18 | | Appropriations from the Salmon Fund
shall be made only to the |
| 19 | | Department to be used solely for the conservation
and |
| 20 | | propagation of salmon, including construction, operation, and
|
| 21 | | maintenance of a cold water hatchery, and for payment of the |
| 22 | | costs of
printing salmon stamps, the expenses incurred in |
| 23 | | acquiring salmon stamp
designs, and the expenses of producing |
| 24 | | reprints.
|
| 25 | | (Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11; |
| 26 | | 96-1518, eff. 2-4-11.)
|
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| 1 | | (515 ILCS 5/1-231 new) |
| 2 | | Sec. 1-231. Illinois Fisheries Management Fund; |
| 3 | | disposition of money received. Beginning January 1, 2015, all |
| 4 | | fees or revenue collected from any resident or non-resident |
| 5 | | commercial licenses; any resident or non-resident sport |
| 6 | | fishing licenses; inland trout stamps; all reimbursements from |
| 7 | | sport fish restoration grants, Asian Carp and aquatic invasive |
| 8 | | species grants, and other grants from the federal government; |
| 9 | | fines collected from fish kills and violations of this Code; |
| 10 | | and any new revenues created from stamps issued for fish |
| 11 | | habitat, management, or angling events shall be deposited into |
| 12 | | the Illinois Fisheries Management Fund to be used for the |
| 13 | | direct benefit and operation of the Division of Fisheries |
| 14 | | within the Department. The Fund may be used only for fish |
| 15 | | propagation, fish management, fish conservation, fisheries |
| 16 | | research, commercial fish evaluation and management, aquatic |
| 17 | | education projects and programs, enforcement of this Code, |
| 18 | | expenses of operating the Division of Fisheries within the |
| 19 | | Department of Natural Resources, maintenance of public fishing |
| 20 | | grounds, sale of fishing licenses, and land acquisition for the |
| 21 | | purposes of fish propagation and research and providing access |
| 22 | | to sport fishing. All expenditures must be approved by the |
| 23 | | Fisheries Division Chief.
|
| 24 | | (515 ILCS 5/5-5) (from Ch. 56, par. 5-5)
|
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| 1 | | Sec. 5-5. Ownership and title; violations; penalties. The |
| 2 | | ownership of
and title to all aquatic life within the |
| 3 | | boundaries of the State, are
hereby declared to be in the |
| 4 | | State, and no aquatic life shall be taken or
killed, in any |
| 5 | | manner or at any time, unless the person or persons so
taking |
| 6 | | or killing the aquatic life shall consent that the title to the
|
| 7 | | aquatic life shall be and remain in the State for the purpose |
| 8 | | of regulating
the taking, killing, possession, use, sale, and |
| 9 | | transportation of aquatic
life after taking or killing, as set |
| 10 | | forth in this Code.
|
| 11 | | Aquatic products, as defined in the Aquaculture |
| 12 | | Development Act, bred,
hatched, propagated, or raised by the |
| 13 | | owner of a body of water, with the
consent of the Department of |
| 14 | | Natural Resources through the
issuance of an
aquaculture permit |
| 15 | | and consistent with this Section, in permitted
aquaculture |
| 16 | | facilities in or on that body of water are the property of the
|
| 17 | | person who bred, hatched, propagated, or raised them or that |
| 18 | | person's
successor in interest. Ownership of aquatic products |
| 19 | | reverts to the State
upon revocation or expiration of an |
| 20 | | aquaculture permit as prescribed by
administrative rule.
|
| 21 | | If any person causes any waste, sewage, thermal effluent, |
| 22 | | or any other
pollutant to enter into, or causes or allows |
| 23 | | pollution of, any waters of
this State so as to kill aquatic |
| 24 | | life, the Department, through the Attorney
General, may bring |
| 25 | | an action against that person and recover the value of
and the |
| 26 | | related costs in determining the value of the aquatic life
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| 1 | | destroyed by the waste, sewage, thermal effluent, or pollution. |
| 2 | | Any money
so recovered shall be placed into the Illinois |
| 3 | | Fisheries Management Wildlife and Fish Fund in the State
|
| 4 | | Treasury.
|
| 5 | | If any person shall abandon, deposit, or otherwise place |
| 6 | | any wire,
can, bottle, glass, paper, trash, rubbish, cardboard, |
| 7 | | wood cartons,
boxes, trees, parts of trees, brush, or other |
| 8 | | insoluble material,
including animal or vegetable material, |
| 9 | | into the waters or upon the ice
of any waters of this State, or |
| 10 | | in any place on the bank of waters of
this State where it shall |
| 11 | | be liable to be washed into the waters either
by storms, |
| 12 | | floods, or other causes, the person shall be in violation of |
| 13 | | the
offense of polluting. Employees of the Department, however, |
| 14 | | may place or
direct the placement, in the waters of the State, |
| 15 | | of insoluble materials
deemed suitable for the purposes of |
| 16 | | enhancing aquatic habitat. Any person
who shall be found guilty |
| 17 | | under this Section shall be guilty of a petty
offense, and the |
| 18 | | Court shall further order that the guilty person shall
employ |
| 19 | | every practical means of removing the debris within a time |
| 20 | | specified
by the Court. Failure to comply with an order under |
| 21 | | this Section shall
constitute a Class B misdemeanor.
|
| 22 | | (Source: P.A. 89-445, eff. 2-7-96.)
|
| 23 | | (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
|
| 24 | | Sec. 20-45. License fees for residents. Fees for licenses |
| 25 | | for residents
of the State of Illinois shall be as follows:
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| 1 | | (a) Except as otherwise provided in this Section, for |
| 2 | | sport fishing
devices as defined in Section 10-95 or |
| 3 | | spearing devices as defined in
Section 10-110, the fee is |
| 4 | | $14.50 for individuals 16 to 64 years old,
one-half of the |
| 5 | | current fishing license fee for individuals age 65 or |
| 6 | | older,
and, commencing with the 2012 license year, one-half |
| 7 | | of the current fishing license fee for resident veterans of |
| 8 | | the United States Armed Forces after returning from service |
| 9 | | abroad or mobilization by the President of the United |
| 10 | | States. Veterans must provide, to the Department at one of |
| 11 | | the Department's 5 regional offices, verification of their |
| 12 | | service. The Department shall establish what constitutes |
| 13 | | suitable verification of service for the purpose of issuing |
| 14 | | fishing licenses to resident veterans at a reduced fee.
|
| 15 | | (b) All residents before using any commercial fishing |
| 16 | | device shall
obtain a commercial fishing license, the fee |
| 17 | | for which shall be $60 and a resident fishing license, the |
| 18 | | fee for which is $14.50.
Each and every commercial device |
| 19 | | used shall be licensed by a resident
commercial fisherman |
| 20 | | as follows:
|
| 21 | | (1) For each 100 lineal yards, or fraction thereof, |
| 22 | | of seine
the fee is $18. For each minnow seine, minnow |
| 23 | | trap, or net for commercial
purposes the fee is $20.
|
| 24 | | (2) For each device to fish with a 100 hook trot |
| 25 | | line
device,
basket trap, hoop net, or dip net the fee |
| 26 | | is $3.
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| 1 | | (3) When used in the waters of Lake Michigan, for |
| 2 | | the first 2000
lineal feet, or fraction thereof, of |
| 3 | | gill net the fee is $10; and
for each 1000 additional |
| 4 | | lineal feet, or fraction thereof, the fee is $10.
These |
| 5 | | fees shall apply to all gill nets in use in the water |
| 6 | | or on drying
reels on the shore.
|
| 7 | | (4) For each 100 lineal yards, or fraction thereof, |
| 8 | | of gill net
or trammel net the fee is $18.
|
| 9 | | (c) Residents of the State of Illinois may obtain a |
| 10 | | sportsmen's
combination license that shall entitle the |
| 11 | | holder to the same
non-commercial fishing privileges as |
| 12 | | residents holding a license as
described in subsection (a) |
| 13 | | of this Section and to the same hunting
privileges as |
| 14 | | residents holding a license to hunt all species as
|
| 15 | | described in Section 3.1 of the Wildlife Code. No |
| 16 | | sportsmen's combination
license shall be issued to any |
| 17 | | individual who would be ineligible for
either the fishing |
| 18 | | or hunting license separately. The sportsmen's
combination |
| 19 | | license fee shall be $25.50.
For residents age 65 or older, |
| 20 | | the fee is one-half of the fee charged for a
sportsmen's |
| 21 | | combination license. The portion of the sportsmen's |
| 22 | | combination license attributable to the fishing license |
| 23 | | shall be deposited into the Illinois Fisheries Management |
| 24 | | Fund, and the portion of the sportsmen's combination |
| 25 | | license attributable to the hunting license shall be |
| 26 | | deposited into the Wildlife Fund. For resident veterans of |
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| 1 | | the United States Armed Forces after returning from service |
| 2 | | abroad or mobilization by the President of the United |
| 3 | | States, the fee, commencing with the 2012 license year, is |
| 4 | | one-half of the fee charged for a
sportsmen's combination |
| 5 | | license. Veterans must provide to the Department, at one of |
| 6 | | the Department's 5 regional offices, verification of their |
| 7 | | service. The Department shall establish what constitutes |
| 8 | | suitable verification of service for the purpose of issuing |
| 9 | | sportsmen's
combination licenses to resident veterans at a |
| 10 | | reduced fee.
|
| 11 | | (d) For 24 hours of fishing
by sport fishing devices
as |
| 12 | | defined in Section 10-95 or by spearing devices as defined |
| 13 | | in Section
10-110 the fee is $5. This license does not |
| 14 | | exempt the licensee from the
requirement for a salmon or |
| 15 | | inland trout stamp. The licenses provided for
by this |
| 16 | | subsection
are not required for residents of the State of |
| 17 | | Illinois who have obtained the
license provided for in |
| 18 | | subsection (a) of this Section.
|
| 19 | | (e) All residents before using any commercial mussel |
| 20 | | device shall
obtain a commercial mussel license, the fee |
| 21 | | for which shall be $50.
|
| 22 | | (f) Residents of this State, upon establishing |
| 23 | | residency as required
by the Department, may obtain a |
| 24 | | lifetime hunting or fishing license or
lifetime |
| 25 | | sportsmen's combination license which shall entitle the |
| 26 | | holder to
the same non-commercial fishing privileges as |
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| 1 | | residents holding a license
as described in paragraph (a) |
| 2 | | of this Section and to the same hunting
privileges as |
| 3 | | residents holding a license to hunt all species as |
| 4 | | described
in Section 3.1 of the Wildlife Code. No lifetime |
| 5 | | sportsmen's combination
license shall be issued to or |
| 6 | | retained by any individual
who would be ineligible for |
| 7 | | either the fishing or hunting license
separately, either |
| 8 | | upon issuance, or in any year a violation would
subject an |
| 9 | | individual to have either or both fishing or hunting |
| 10 | | privileges
rescinded. The lifetime hunting and fishing |
| 11 | | license fees shall be as follows:
|
| 12 | | (1) Lifetime fishing: 30 x the current fishing |
| 13 | | license fee.
|
| 14 | | (2) Lifetime hunting: 30 x the current hunting |
| 15 | | license fee.
|
| 16 | | (3) Lifetime sportsmen's combination license: 30 x |
| 17 | | the current
sportsmen's combination license fee.
|
| 18 | | Lifetime licenses shall not be refundable. A $10 fee shall |
| 19 | | be charged
for reissuing any lifetime license. The Department |
| 20 | | may establish rules and
regulations for the issuance and use of |
| 21 | | lifetime licenses and may suspend
or revoke any lifetime |
| 22 | | license issued under this Section for violations of
those rules |
| 23 | | or regulations or other provisions under this Code or the
|
| 24 | | Wildlife Code. Individuals under 16 years of age who possess a |
| 25 | | lifetime
hunting or sportsmen's combination license shall have |
| 26 | | in their possession,
while in the field, a certificate of |
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| 1 | | competency as required under Section
3.2 of the Wildlife Code. |
| 2 | | Any lifetime license issued under this Section
shall not exempt |
| 3 | | individuals from obtaining additional stamps or permits
|
| 4 | | required under the provisions of this Code or the Wildlife |
| 5 | | Code.
Individuals required to purchase additional stamps shall |
| 6 | | sign the stamps
and have them in their possession while fishing |
| 7 | | or hunting with a lifetime
license. All fees received from the |
| 8 | | issuance
of lifetime licenses shall be deposited in the Fish |
| 9 | | and Wildlife Endowment
Fund.
|
| 10 | | Except for licenses issued under subsection (e) of this |
| 11 | | Section, all
licenses provided for in this Section shall expire |
| 12 | | on March 31 of
each year, except that the license provided for |
| 13 | | in subsection (d) of
this Section shall expire 24 hours after |
| 14 | | the effective date and time listed
on the face of the license.
|
| 15 | | All individuals required to have and failing to have the |
| 16 | | license provided
for in subsection (a) or (d) of this Section |
| 17 | | shall be fined according to the
provisions of Section 20-35 of |
| 18 | | this Code.
|
| 19 | | All individuals required to have and failing to have the |
| 20 | | licenses
provided for in subsections (b) and (e) of this |
| 21 | | Section shall be guilty of a
Class B misdemeanor.
|
| 22 | | (Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12; |
| 23 | | 97-1136, eff. 1-1-13.)
|
| 24 | | (515 ILCS 5/20-85) (from Ch. 56, par. 20-85)
|
| 25 | | Sec. 20-85. Taxidermist license.
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| 1 | | (a) Before engaging in the business of taxidermy of aquatic |
| 2 | | life, every person shall
obtain a license for that purpose from |
| 3 | | the Department. Application for a
license shall be filed with |
| 4 | | the Department and shall set forth the name of
the applicant; |
| 5 | | its principal officers, if the applicant is a corporation,
or |
| 6 | | the partners, if the applicant is a partnership; the location |
| 7 | | of the
place of business; and any additional information the |
| 8 | | Department may
require. The annual fee for each taxidermist |
| 9 | | license shall be $25. All
licenses issued to taxidermists are |
| 10 | | valid only at the location described
and designated on the |
| 11 | | application for the license. All taxidermist licenses
shall |
| 12 | | expire on January 31 of each year. Individuals employed
by a
|
| 13 | | licensed taxidermist shall not be required to possess a |
| 14 | | taxidermist license
while working for and at the place of |
| 15 | | business of the license holder.
|
| 16 | | Licensed taxidermists shall submit to the Department a list |
| 17 | | naming all
individuals who will be working at the place of |
| 18 | | business specified on the
permit. Only those individuals whose |
| 19 | | names are on file with the Department
shall be authorized to |
| 20 | | work under the scope of the taxidermist's license.
|
| 21 | | (b) Taxidermists shall keep written records of all aquatic |
| 22 | | life or parts of
aquatic life received or returned by them. |
| 23 | | Records shall include the following
information:
|
| 24 | | (1) The date the aquatic life was received.
|
| 25 | | (2) The name and address of the person from whom the |
| 26 | | aquatic life was
received.
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| 1 | | (3) The number and species of all aquatic life |
| 2 | | received.
|
| 3 | | (4) The number and state of issuance of the fishing |
| 4 | | license, or
special Department permit, of the person from |
| 5 | | whom the aquatic life was
received. In the absence of a |
| 6 | | license or permit number, the taxidermist may
rely on the |
| 7 | | written certification of the person from whom the aquatic |
| 8 | | life was
received that the specimen was legally taken or |
| 9 | | obtained, or, in the event the
person is exempt from the |
| 10 | | apposite license requirements, an indication of the
|
| 11 | | exemption.
|
| 12 | | (c) All aquatic life or parts of aquatic life that have |
| 13 | | been
received, preserved, mounted, or possessed by a |
| 14 | | taxidermist are required to
bear a coded origin tag or label. |
| 15 | | The coded origin tag or label shall
correspond with written |
| 16 | | records containing more complete information as
required by the |
| 17 | | Department.
|
| 18 | | (d) Taxidermy records shall be open for inspection by any |
| 19 | | peace officer
at any reasonable hour. Taxidermists shall |
| 20 | | maintain records for a period
of 2 years from the date of |
| 21 | | receipt of the aquatic life or for as long as
the specimen or |
| 22 | | mount remains in the taxidermist's possession, whichever is
|
| 23 | | longer.
|
| 24 | | The Department may require the taxidermist to submit to it |
| 25 | | any information
it deems necessary.
|
| 26 | | (e) No taxidermist shall have in his or her possession any |
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| 1 | | aquatic
life that is not listed in his or her written records |
| 2 | | and properly
tagged or labeled.
|
| 3 | | (f) All persons licensed as taxidermists under this Code |
| 4 | | who shall ship any
aquatic life or parts of aquatic life that |
| 5 | | have been received, preserved, or
mounted shall tag or label |
| 6 | | the shipment and the tag or label shall state the
name of the |
| 7 | | taxidermist and the number and date of his or her license.
|
| 8 | | (g) Nothing in this Section removes taxidermists from |
| 9 | | responsibility for
the observance of any federal laws, rules, |
| 10 | | or regulations that may apply to the
taxidermy business.
|
| 11 | | (Source: P.A. 88-416; 89-66, eff. 1-1-96.)
|
| 12 | | (515 ILCS 5/30-15) (from Ch. 56, par. 30-15)
|
| 13 | | Sec. 30-15. Use of license fees. No funds accruing to the |
| 14 | | State of
Illinois from license fees paid by fishermen shall be |
| 15 | | diverted for any
other purpose than the administration of the |
| 16 | | Department of Natural
Resources for the management of fish and |
| 17 | | wildlife resources of the State.
|
| 18 | | (Source: P.A. 95-853, eff. 8-18-08.)
|
| 19 | | Section 50. The Wildlife Code is amended by changing |
| 20 | | Sections 1.11, 1.25, 1.28, 1.30, 3.1-3, 3.21, and 3.39 as |
| 21 | | follows:
|
| 22 | | (520 ILCS 5/1.11) (from Ch. 61, par. 1.11)
|
| 23 | | Sec. 1.11.
The Department may establish Conservation |
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| 1 | | Training Schools and employ
technicians and such other help as |
| 2 | | may be necessary for the purpose of
teaching conservation |
| 3 | | methods to employees of the
Department, and such other |
| 4 | | interested groups as the Department shall
deem necessary or |
| 5 | | desirable to carry out the provisions and purposes of
this Act.
|
| 6 | | The Department shall, in order to educate the citizens of |
| 7 | | this State
in the modern trends of conservation, disseminate
|
| 8 | | conservation information and the provisions of this Act
through |
| 9 | | the mediums of lectures, motion pictures, photographs, |
| 10 | | pictures,
exhibits, radio, news items, pamphlets and other |
| 11 | | media the Department
may deem suitable for this purpose.
|
| 12 | | The Department may publish, periodically, a bulletin or |
| 13 | | magazine
containing information concerning the work of the |
| 14 | | Department, the
conservation and propagation of wildlife, |
| 15 | | hunting and fishing, and any
such other information as the |
| 16 | | Department deems to be of general or
special interest to |
| 17 | | sportsmen and others affected by any law
administered by the |
| 18 | | Department. A reasonable charge may be made for each
copy of |
| 19 | | such publication. All funds derived from the sale of such
|
| 20 | | publication shall be deposited equally in the Wildlife Fund and |
| 21 | | the Illinois Fisheries Management Fund and Fish fund in the |
| 22 | | State
Treasury.
|
| 23 | | (Source: P.A. 81-382.)
|
| 24 | | (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
|
| 25 | | Sec. 1.25.
Every hunting or trapping device, vehicle or |
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| 1 | | conveyance, when
used or operated illegally, or attempted to be |
| 2 | | used or operated illegally
by any person in taking, |
| 3 | | transporting, holding, or conveying any wild bird
or wild |
| 4 | | mammal, contrary to the provisions of this Act, including |
| 5 | | administrative
rules, is a public nuisance and subject to |
| 6 | | seizure and confiscation by
any authorized employee of the |
| 7 | | Department; upon the seizure of such item
the Department shall |
| 8 | | take and hold the same until disposed of as hereinafter |
| 9 | | provided.
|
| 10 | | Upon the seizure of any property as herein provided, the |
| 11 | | authorized employee
of the Department making such seizure shall |
| 12 | | forthwith cause a complaint
to be filed before the Circuit |
| 13 | | Court and a summons to be issued requiring
the person who |
| 14 | | illegally used or operated or attempted to use or operate
such |
| 15 | | property and the owner and person in possession of such |
| 16 | | property to
appear in court and show cause why the property |
| 17 | | seized should not be forfeited
to the State.
Upon the return of |
| 18 | | the summons duly served or other notice as herein provided,
the |
| 19 | | court shall proceed to determine the question of the illegality |
| 20 | | of the
use of the seized property and upon judgment being |
| 21 | | entered to the effect
that such property was illegally used, an |
| 22 | | order may be entered providing
for the forfeiture of such |
| 23 | | seized property to the Department and shall thereupon
become |
| 24 | | the property of the Department; but the owner of such property |
| 25 | | may
have a jury determine the illegality of its use, and shall |
| 26 | | have the right
of an appeal, as in other cases. Such |
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| 1 | | confiscation or forfeiture
shall not preclude or mitigate |
| 2 | | against prosecution and assessment of penalties
otherwise |
| 3 | | provided in this Act.
|
| 4 | | Upon seizure of any property under circumstances |
| 5 | | supporting a
reasonable belief that such property was |
| 6 | | abandoned, lost or stolen or
otherwise illegally possessed or |
| 7 | | used contrary to the provisions of this
Act, except property |
| 8 | | seized during a search or arrest, and ultimately
returned, |
| 9 | | destroyed, or otherwise disposed of pursuant to order of a |
| 10 | | court
in accordance with this Act, the authorized employee of |
| 11 | | the Department
shall make reasonable inquiry and efforts to |
| 12 | | identify and notify the owner
or other person entitled to |
| 13 | | possession thereof, and shall return the
property after such |
| 14 | | person provides reasonable and satisfactory proof of
his |
| 15 | | ownership or right to possession and reimburses the Department |
| 16 | | for all
reasonable expenses of such custody. If the identity or |
| 17 | | location of the
owner or other person entitled to possession of |
| 18 | | the property has not been
ascertained within 6 months after the |
| 19 | | Department obtains such possession,
the Department shall |
| 20 | | effectuate the sale of the property for cash to the
highest |
| 21 | | bidder at a public auction. The owner or other person entitled |
| 22 | | to
possession of such property may claim and recover possession |
| 23 | | of the
property at any time before its sale at public auction, |
| 24 | | upon providing
reasonable and satisfactory proof of ownership |
| 25 | | or right of possession and
reimbursing the Department for all |
| 26 | | reasonable expenses of custody thereof.
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| 1 | | Any property, including guns, forfeited to the State by |
| 2 | | court order pursuant
to this Section, may be disposed of by |
| 3 | | public auction, except
that any property which is the subject |
| 4 | | of such a court order shall not be
disposed of pending appeal |
| 5 | | of the order. The proceeds of the sales at auction
shall be |
| 6 | | deposited in the Wildlife and Fish Fund.
|
| 7 | | The Department shall pay all costs of notices required by |
| 8 | | this Section.
|
| 9 | | (Source: P.A. 85-152.)
|
| 10 | | (520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
|
| 11 | | Sec. 1.28. Fees and fines; deposit in funds. All fees, |
| 12 | | fines,
including bond forfeitures, income of whatsoever
kind or |
| 13 | | nature derived from hunting and fishing activities on lands or |
| 14 | | waters
or both under the jurisdiction or control of the |
| 15 | | Department, and all penalties
collected under this Act shall be |
| 16 | | deposited in the State Treasury and
shall be set apart in a |
| 17 | | special fund to be known as the "Wildlife and Fish
Fund"; |
| 18 | | except that all fees and revenues from commercial fishing |
| 19 | | licenses, sport fishing licenses, inland trout stamps, |
| 20 | | reimbursements from sport fish restoration grants and Asian |
| 21 | | Carp and aquatic invasive species grants and other grants from |
| 22 | | the federal government, fines collected for fish kills and |
| 23 | | violations of the Fish and Aquatic Life Code, stamps issued for |
| 24 | | fish habitat, management, or angling events after January 1, |
| 25 | | 2015 shall be deposited into the Illinois Fisheries Management |
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| 1 | | Fund to be used as specified in Section 1-231 of the Fish and |
| 2 | | Aquatic Life Code; except that fees derived solely from the |
| 3 | | sale of salmon stamps,
income from art contests for the salmon |
| 4 | | stamp, including income from the
sale of reprints, and gifts, |
| 5 | | donations, grants and bequests of money for
the conservation |
| 6 | | and propagation of salmon shall be deposited in the State
|
| 7 | | Treasury and set apart in the special fund to be known as the |
| 8 | | "Salmon
Fund"; and except that fees derived solely from the |
| 9 | | sale of state migratory
waterfowl stamps, and gifts, donations, |
| 10 | | grants and bequests of money for
the conservation and |
| 11 | | propagation of waterfowl shall be deposited in the
special fund |
| 12 | | to be known as the "State Migratory Waterfowl Stamp Fund";
and |
| 13 | | except that, of fees derived
solely from the sale of State |
| 14 | | Habitat Stamps, 64% shall be deposited into the Illinois |
| 15 | | Habitat Fund, 30% into the State Pheasant Fund,
and 6% into the |
| 16 | | State Furbearer Fund. Income generated from the sale of
artwork |
| 17 | | associated with the State Habitat Stamps shall be deposited |
| 18 | | into
the Illinois Habitat Fund.
All interest that accrues from |
| 19 | | monies deposited into the Wildlife and
Fish Fund, the Illinois |
| 20 | | Fisheries Management Fund, the Salmon Fund, the State Migratory |
| 21 | | Waterfowl Stamp Fund, the
State Furbearer Fund, the State |
| 22 | | Pheasant Fund, and the
Illinois Habitat Fund shall be deposited |
| 23 | | into those funds, respectively.
Appropriations from the |
| 24 | | "Wildlife and
Fish Fund" shall be made only to the Department |
| 25 | | for the carrying out of
the powers and functions vested by law |
| 26 | | in the Department
for the administration and management of fish |
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| 1 | | and wildlife resources of this State for such activities as the |
| 2 | | purchase of land for fish hatcheries, wildlife refuges,
|
| 3 | | preserves and public shooting and fishing grounds; the purchase |
| 4 | | and
distribution of wild birds, the eggs of wild birds, and |
| 5 | | wild mammals for
rescuing, restoring and distributing fish; the |
| 6 | | maintenance of wildlife
refuges, or preserves, public shooting |
| 7 | | grounds, public fishing grounds and
fish hatcheries; and the |
| 8 | | feeding and care of wild birds and , wild
animals and fish.
|
| 9 | | (Source: P.A. 95-853, eff. 8-18-08.)
|
| 10 | | (520 ILCS 5/1.30) (from Ch. 61, par. 1.30)
|
| 11 | | Sec. 1.30.
The Department has the authority to sell
Federal |
| 12 | | Migratory Bird Hunting and Conservation Stamps.
The Department |
| 13 | | may consign, issue or otherwise make
available such stamps for |
| 14 | | sale by designated agents as
authorized in Section 3.37 of this |
| 15 | | Act. The income
received from the sale of Federal Migratory |
| 16 | | Bird Hunting
and Conservation Stamps shall be deposited in the |
| 17 | | Wildlife
and Fish Fund. Proceeds collected, less |
| 18 | | administrative fees
so authorized, shall be remitted to the |
| 19 | | United States Fish
and Wildlife Services.
|
| 20 | | (Source: P.A. 85-966.)
|
| 21 | | (520 ILCS 5/3.1-3)
|
| 22 | | Sec. 3.1-3. Deer and wild turkey outfitter permit; |
| 23 | | application and fees. Before
any person provides or offers to |
| 24 | | provide, for compensation, outfitting services
for deer or
wild |
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| 1 | | turkey hunting, that person must apply for and receive a permit |
| 2 | | from the
Department. The
annual fee for resident outfitter |
| 3 | | permits shall not exceed $1,000. The annual
fee for
nonresident |
| 4 | | outfitter permits shall not exceed $2,500. All outfitter permit
|
| 5 | | fees shall be
deposited into the Wildlife and Fish Fund. The |
| 6 | | criteria, definitions,
application process,
fees, and |
| 7 | | standards of outfitting services shall be provided by
|
| 8 | | administrative rule.
|
| 9 | | (Source: P.A. 92-177, eff. 7-27-01.)
|
| 10 | | (520 ILCS 5/3.21) (from Ch. 61, par. 3.21)
|
| 11 | | Sec. 3.21.
(a) Every person before engaging in the business |
| 12 | | of
taxidermy of wildlife shall obtain a license for such |
| 13 | | purpose from the Department.
Application for such license shall |
| 14 | | be filed with the Department and shall
set forth the name of |
| 15 | | the applicant; its principal officers, if the
applicant is a |
| 16 | | corporation, or the partners, if the applicant is a
|
| 17 | | partnership; the location of the place of business and such |
| 18 | | additional
information as the Department may require. The |
| 19 | | annual fee for each
taxidermist license shall be $25.00. All |
| 20 | | licenses issued to taxidermists
are valid only at the location |
| 21 | | described and designated on the application
for such license. |
| 22 | | All taxidermist permits shall expire on January 31 of
each |
| 23 | | year. Persons employed by a licensed taxidermist shall not be
|
| 24 | | required to possess a taxidermist license while working for and |
| 25 | | at the
place of business of the license holder.
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| 1 | | Licensed taxidermists shall submit to the Department a list |
| 2 | | naming all
individuals who will be working at the place of |
| 3 | | business specified on
the license. Only those individuals whose |
| 4 | | names are on file with the
Department shall be authorized to |
| 5 | | work under the scope of the taxidermist's
license.
|
| 6 | | (b) Taxidermists shall keep written records of all birds or |
| 7 | | mammals,
or parts thereof, received or returned by them. |
| 8 | | Records shall include the
following information:
|
| 9 | | (1) The date the bird or mammal was received.
|
| 10 | | (2) The name and address of the person from whom the |
| 11 | | bird or mammal was
received.
|
| 12 | | (3) The number and species of each bird or mammal |
| 13 | | received.
|
| 14 | | (4) The number and state of issuance of the hunting or |
| 15 | | trapping license,
or special Department permit, of the |
| 16 | | individual from whom the bird or mammal
was received. In |
| 17 | | the absence of a license or permit number, the
taxidermist |
| 18 | | may rely on the written certification of the person from |
| 19 | | whom the
bird or mammal was received that the specimen was |
| 20 | | legally taken or obtained,
or, in the event the individual |
| 21 | | is exempt from the apposite license
requirements, an |
| 22 | | indication of such exemption.
|
| 23 | | (c) All birds or mammals or parts thereof that have been |
| 24 | | received,
preserved
or mounted or possessed by a taxidermist |
| 25 | | are required to bear a coded origin
tag or label. The origin |
| 26 | | tag or label shall correspond with written
records containing |
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| 1 | | more complete information as required by the Department.
|
| 2 | | (d) Taxidermy records shall be open for inspection by any |
| 3 | | peace officer
at any reasonable hour. Taxidermists shall |
| 4 | | maintain records for a period
of 2 years from the date of |
| 5 | | receipt of the bird or mammal or for as long
as the specimen or |
| 6 | | mount remains in the taxidermist's possession, whichever
is |
| 7 | | longer. The Department may require the taxidermist to submit to |
| 8 | | it such
information as it deems necessary.
|
| 9 | | (e) A licensed taxidermist may possess the green hides of |
| 10 | | furbearers and
other game mammals the year round as long as |
| 11 | | such hides are tagged as and
remain the property of the |
| 12 | | individual who legally took them and for whom the
taxidermist |
| 13 | | is performing services.
|
| 14 | | (f) A licensed taxidermist may without a fur tanners permit |
| 15 | | tan the
green hides of furbearers and other game mammals as |
| 16 | | long as such hides are
tagged as and remain the property of the |
| 17 | | individual who legally took them
and for whom the taxidermist |
| 18 | | is performing services.
|
| 19 | | (f.5) A licensed taxidermist may, without a fur buyer's |
| 20 | | permit, buy, sell,
transport and possess the green or tanned |
| 21 | | hides of any legally obtained
furbearer or game mammal the year |
| 22 | | round as long as the hides in the
taxidermist's possession are |
| 23 | | used for taxidermy purposes only and bear a coded
origin tag or |
| 24 | | label. The origin tag or label shall correspond with written
|
| 25 | | records containing more complete information as required by the |
| 26 | | Department.
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| 1 | | (g) No taxidermist shall have in his or her possession any |
| 2 | | bird or
mammal that is not listed in his written records and |
| 3 | | properly tagged or
labeled.
|
| 4 | | (h) All persons licensed as taxidermists under this Act who |
| 5 | | shall ship
any birds or mammals or parts thereof that have been |
| 6 | | received, preserved or
mounted, shall tag or label such |
| 7 | | shipment and such tag or label shall
state the name of the |
| 8 | | taxidermist and the number and date of his or her
license.
|
| 9 | | (i) Nothing in this Section removes taxidermists from |
| 10 | | responsibility for
the observance of any federal laws, rules, |
| 11 | | or regulations that may apply to the
taxidermy business.
|
| 12 | | (Source: P.A. 88-416.)
|
| 13 | | (520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
|
| 14 | | Sec. 3.39.
Residents of the State of Illinois may obtain a |
| 15 | | Sportsmen's
Combination License which shall entitle the holder |
| 16 | | to the same
non-commercial fishing privileges as residents |
| 17 | | holding a fishing license
described in subparagraph (a) of |
| 18 | | Section 20-45 of the Fish and Aquatic Life
Code, and to the |
| 19 | | same hunting privileges as residents holding a license to
hunt |
| 20 | | all species, as described in Section 3.1 of this Act. The |
| 21 | | portion of the sportsmen's combination license attributable to |
| 22 | | the fishing license shall be deposited into the Illinois |
| 23 | | Fisheries Management Fund, and the portion of the sportsmen's |
| 24 | | combination license attributable to the hunting license shall |
| 25 | | be deposited into the Wildlife Fund. However, no
Sportsmen's |
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| 1 | | Combination License shall be issued to any person who would be
|
| 2 | | ineligible for either the fishing or hunting license |
| 3 | | separately. The
Sportsmen's Combination License fee shall be |
| 4 | | $25.50.
For residents age 65 or older, the fee is one-half of |
| 5 | | the fee charged for a
Sportsmen's Combination License.
|
| 6 | | (Source: P.A. 96-831, eff. 1-1-10.)
|
| 7 | | (520 ILCS 5/1.28a rep.)
|
| 8 | | Section 55. The Wildlife Code is amended by repealing |
| 9 | | Section 1.28a.
|
| 10 | | Section 58. The Wildlife Restoration Cooperation Act is |
| 11 | | amended by changing Section 2 as follows:
|
| 12 | | (520 ILCS 15/2) (from Ch. 61, par. 134)
|
| 13 | | Sec. 2. No funds accruing to the State of Illinois from |
| 14 | | license fees paid by
hunters shall be diverted for any other |
| 15 | | purpose than the administration
of the Department of Natural |
| 16 | | Resources for the management of fish and wildlife resources of |
| 17 | | the State.
|
| 18 | | (Source: P.A. 95-853, eff. 8-18-08.)
|
| 19 | | Section 60. The Ginseng Harvesting Act is amended by |
| 20 | | changing Section 2g as follows:
|
| 21 | | (525 ILCS 20/2g) (from Ch. 61, par. 514)
|