Sen. William E. Brady
Filed: 5/12/2015
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| 1 | AMENDMENT TO HOUSE BILL 3240
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| 2 | AMENDMENT NO. ______. Amend House Bill 3240 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Rivers, Lakes, and Streams Act is amended | ||||||
| 5 | by changing Section 26a as follows:
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| 6 | (615 ILCS 5/26a) (from Ch. 19, par. 74)
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| 7 | Sec. 26a.
The Department of Natural Resources may issue | ||||||
| 8 | orders requiring all necessary remedial actions to correct | ||||||
| 9 | violations of this Act and impose the civil penalties provided | ||||||
| 10 | in this Section. All orders entered by the Department of | ||||||
| 11 | Natural Resources shall be
made only upon giving reasonable | ||||||
| 12 | notice to persons to be affected by such
orders; or having any | ||||||
| 13 | interest in the subject matter of such orders and
after a | ||||||
| 14 | hearing in relation thereto. Any person who violates any | ||||||
| 15 | provision of this Act; any rule or regulation adopted by the | ||||||
| 16 | Department under this Act; any permit, term, or condition of | ||||||
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| 1 | this Act; or any order of the Department under this Act, shall | ||||||
| 2 | be liable for a civil penalty of up to 2 times the applicable | ||||||
| 3 | permit fee, but not to exceed $10,000 for a violation. The | ||||||
| 4 | penalty fee may, upon order of the Department of Natural | ||||||
| 5 | Resources or a court of competent jurisdiction, be made payable | ||||||
| 6 | to the Department and deposited into the State Boating Act Fund | ||||||
| 7 | for use by the Department for ordinary and contingent expenses | ||||||
| 8 | neglects, refuses or
fails to obey any lawful order made by the | ||||||
| 9 | Department of Natural Resources and
to carry the same into | ||||||
| 10 | effect in accordance with such order is liable for a
fine of | ||||||
| 11 | not less than $100 nor more than $1000 to be recovered in a | ||||||
| 12 | civil
action in the name of the People of the State of Illinois | ||||||
| 13 | in any circuit
court.
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| 14 | (Source: P.A. 89-445, eff. 2-7-96.)".
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