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91_SB0474eng SB474 Engrossed 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 SB474 Engrossed -2- LRB9103265DHmg 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 Combination9Licenses or nonresident hunting licenses, and $.50 in the10case 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 SB474 Engrossed -3- LRB9103265DHmg 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 SB474 Engrossed -4- LRB9103265DHmg 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 $1the followingas the feefeesfor issuingsuchlicenses:1875 cents in the case of Sportsmen's Combination Licenses or19nonresident hunting licenses, and 50 cents in the case of all20other licenses, permits, and stamps. However, thesuch21 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 SB474 Engrossed -5- LRB9103265DHmg 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.)