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91_SB0474
LRB9103265DHmg
1 AN ACT concerning the sale of hunting and fishing
2 licenses.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Fish and Aquatic Life Code is amended by
6 changing Section 20-120 as follows:
7 (515 ILCS 5/20-120) (from Ch. 56, par. 20-120)
8 Sec. 20-120. Designation of agents; liability; bond. The
9 Department of Natural Resources has the authority to
10 designate agents to sell licenses, stamps, and permits on
11 behalf of the Department. Any person receiving licenses from
12 the Department for sale as provided in this Section (i) shall
13 execute and deliver receipts for the licenses; (ii) shall, on
14 dates specified by the Department, report in writing to the
15 Department the number and kinds of licenses sold; and (iii)
16 shall, with the report, make remittance to the Department
17 covering the amounts due it from the sales. Failure on the
18 part of any clerk or agent to fully comply with the
19 provisions of this Code, including administrative rules,
20 shall be justification for the Department to cancel or
21 withdraw the issuance of licenses through that clerk or
22 agent. A salmon stamp shall be deemed a license for the
23 purposes of this Section.
24 (a) Any person appointed or designated by the Department
25 including any county, city, village, township, or
26 incorporated town clerk issuing licenses provided for in this
27 Code may add the fees provided in paragraph (b) as the fee
28 for issuing the licenses. These clerks, however, shall remit
29 to the treasurer of the political subdivision of which he or
30 she is an officer or employee, the added fees or any portion
31 of the added fees he or she collects provided in paragraph
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1 (b). Issuing fees may be divided between the clerks and their
2 appointed subagents other than employees of the clerk's
3 office, but in no case may any clerk or subagent charge an
4 issuing fee or fees totaling more than the issuing fee set
5 out in this Section.
6 (b) Any person authorized to issue licenses under
7 subsection (a) may add to the license, permit, or stamp fee a
8 fee of $1 $.75 in the case of Sportsmen's Combination
9 Licenses or nonresident hunting licenses, and $.50 in the
10 case of all other licenses, permits, and stamps.
11 (c) No person or subagent of any county, city, village,
12 township, or incorporated town clerk may charge a service fee
13 for issuing licenses provided for in this Code, and the
14 charging of fees for issuing licenses in excess of the fees
15 authorized is a petty offense. Any person authorized to issue
16 licenses by telephone and electronic transmission or
17 incurring costs for customer convenience may charge in
18 addition to the "issuing fee" authorized by this Section a
19 fee not to exceed an amount set by the Department, by
20 administrative rule, to cover the transaction cost.
21 (d) All fees, less issuing fees, collected from the sale
22 of licenses and permits and not remitted to the Department as
23 provided in this Section shall be deemed to have been
24 embezzled and the person or officer responsible for the
25 remittance is subject to prosecution. No person handling or
26 selling licenses is required to remit for any license now or
27 hereafter stolen, by means of forcible entry, or destroyed by
28 a fire in the premises where the licenses are kept, if he or
29 she submits an affidavit to the Department describing the
30 circumstances of the theft or cause of the destruction and
31 listing in the affidavit the type and numbers of the licenses
32 so stolen or destroyed.
33 (e) Within 30 days after the expiration of the time in
34 which any class of license is usable, payment for licenses
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1 sold shall be made in full to the Department and persons
2 possessing unused license forms shall return them to the
3 Department prepaid.
4 (f) No person is permitted to make deductions from
5 remittances sent to the Department for postage or for the
6 cost of, or fees for, drafts or money orders.
7 (g) Any county, city, village, township, or incorporated
8 town clerk handling or selling licenses as provided in this
9 Section is liable to the State personally. All other persons
10 designated or appointed by the Department to handle or sell
11 licenses as provided in this Section shall, before receiving
12 any licenses for sale, file with the Department a bond in an
13 amount specified by the Department on a form to be approved
14 by and with a surety or sureties satisfactory to the
15 Department conditioned upon the person or persons paying to
16 the State of Illinois all monies becoming due by reason of
17 the sale of the licenses.
18 (h) No person shall falsify, alter, or change in any
19 manner, or loan or transfer to another, any license, permit,
20 or tag issued under this Section or falsify any records
21 required by this Code or counterfeit or duplicate any form of
22 license, permit, or tag provided for by this Code. Any person
23 who violates this subsection shall be subject to the penalty
24 provisions of Section 20-35 of this Code.
25 (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97;
26 90-743, eff. 1-1-99.)
27 Section 10. The Wildlife Code is amended by changing
28 Section 3.37 as follows:
29 (520 ILCS 5/3.37) (from Ch. 61, par. 3.37)
30 Sec. 3.37. Designation of agents to sell licenses,
31 stamps, and permits. The Department of Natural Resources has
32 the authority to designate agents to sell licenses, stamps
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1 and permits on behalf of the Department. Any person
2 receiving licenses from the Department for sale as provided
3 for in this Section, shall execute and deliver receipts
4 therefor; and shall on dates specified by the Department
5 report in writing to the Department the number and kind of
6 licenses sold, and shall, with such reports, make remittances
7 to the Department covering the amounts received from such
8 sales. Failure on the part of any clerk or agent to fully
9 comply with this Act, including administrative rules, shall
10 be justification for the Department to cancel or withdraw the
11 issuance of licenses through such clerks or agents. A
12 Federal Migratory Bird Hunting and Conservation Stamp shall
13 be deemed a license for the purpose of this Section. Any
14 person authorized by the Department including any county,
15 city, village, township, or incorporated town clerk issuing
16 licenses, permits or stamps provided for in this Act, may add
17 $1 the following as the fee fees for issuing such licenses:
18 75 cents in the case of Sportsmen's Combination Licenses or
19 nonresident hunting licenses, and 50 cents in the case of all
20 other licenses, permits, and stamps. However, the such
21 clerks shall remit to the treasurer of the political
22 subdivision of which he is an officer or employee, the added
23 fees or any portion thereof he or she collects provided in
24 this Section. Issuing fees may be divided between such
25 clerks and their appointed subagents other than employees of
26 the clerk's office, but in no case may any clerk or subagent
27 charge an issuing fee or fees totaling more than the issuing
28 fee set out in this Section. No person, or subagent of any
29 county, city, village, township or incorporated town clerk
30 may charge a service fee for issuing licenses provided for in
31 this Act, and the charging of fees for issuing such licenses
32 in excess of the fees authorized is a petty offense. All
33 fees, less issuing fees, collected from the sale of licenses
34 and permits and not remitted to the Department as provided in
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1 this Section, shall be deemed to have been embezzled and the
2 person or officer responsible for such remittance is subject
3 to prosecution. Any person authorized to issue licenses by
4 telephone and electronic transmission or incurring costs for
5 customer convenience may charge in addition to the "issuing
6 fee" authorized by this Section a fee not to exceed an amount
7 set by the Department, by administrative rule, to cover the
8 transaction cost.
9 (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97;
10 90-743, eff. 1-1-99.)