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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_HB1915eng HB1915 Engrossed LRB9204987TApr 1 AN ACT concerning natural resources. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Natural Resources 5 (Conservation) Law of the Civil Administrative Code of 6 Illinois is amended by adding Section 805-545 as follows: 7 (20 ILCS 805/805-545 new) 8 Sec. 805-545. The Department of Natural Resources may 9 enter into one or more interstate compacts concerning 10 conservation law violators with one or more other states. 11 The Department may adopt administrative rules necessary to 12 implement these compacts. 13 Section 10. The Fish and Aquatic Life Code is amended by 14 changing Sections 20-35, 20-75, and 20-80 as follows: 15 (515 ILCS 5/20-35) (from Ch. 56, par. 20-35) 16 Sec. 20-35. Offenses. Except as prescribed in Section 17 5-25 and unless otherwise provided in this Code, any person 18 who is found guilty of violating any of the provisions of 19 this Code, including administrative rules, isshall beguilty 20 of a petty offense. 21 Any person who violates any of the provisions of Section 22 5-20, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50, 23 10-60, 10-70, 10-75, 10-95, 10-115, 10-135, 15-5, 15-10, 24 15-15, 15-20, 15-30, 15-32, 15-35, 15-40, 15-45, 15-55, 25 15-60, 15-65, 15-75, 15-80, 15-85, 15-90, 15-95, 15-100, 26 15-105, 15-110, 15-115, 15-120, 15-130, 15-140, 20-70, 20-75, 27 20-80, 20-85, 25-10, 25-15, or 25-20 of this CodeSection2810-80, including administrative rules relating to those 29 Sections, isthat Section, shall beguilty of a Class B HB1915 Engrossed -2- LRB9204987TApr 1 misdemeanor. 2 Any person who violates any of the provisions of Section 3 1-200, 1-205,or10-55, 10-80, 15-35, or 20-120 of this Code, 4 including administrative rules relating to those Sections, is 5shall beguilty of a Class A misdemeanor. 6 Any person who violates any of the provisions of this 7 Code, including administrative rules, during the 5 years 8 following the revocation of his or her license, permit, or 9 privileges under Section 20-105 isshall beguilty of a Class 10 A misdemeanor. 11 Any person who violates Section 5-25 of this Code, 12 including administrative rules, isshall beguilty of a Class 13 3 felony. 14 Offenses committed by minors under the direct control or 15 with the consent of a parent or guardian may subject the 16 parent or guardian to the penalties prescribed in this 17 Section or as otherwise provided in this Code. 18 In addition to any fines imposed under this Section, or 19 as otherwise provided in this Code, any person found guilty 20 of unlawfully taking or possessing any aquatic life protected 21 by this Code shall be assessed a civil penalty for that 22 aquatic life in accordance with the values prescribed in 23 Section 5-25 of this Code. This civil penalty shall be 24 imposed at the time of the conviction by the Circuit Court 25 for the county where the offense was committed. All 26 penalties provided for in this Section shall be remitted to 27 the Department in accordance with the provisions of Section 28 1-180 of this Code. 29 (Source: P.A. 87-798; 87-833; 87-895.) 30 (515 ILCS 5/20-75) (from Ch. 56, par. 20-75) 31 Sec. 20-75. Mussel dealer permits; fees; violations. 32 Any person, before receiving, buying, or offering to do so, 33 or acting as an agent or broker in receipt or purchase of HB1915 Engrossed -3- LRB9204987TApr 1 mussels, within the State of Illinois, shall first obtain a 2 permit from the Department to do so. 3 The fee for a permit for residents of the State of 4 Illinois shall be $300 a year, and for non-residents of the 5 State of Illinois the fee shall be $2,500 a year. These 6 permits shall expire on the 31st day of January of each year. 7 A report of each year's activities of each person holding a 8 permit shall be required as directed by the Department. 9Any person who violates any provision of this Section,10including administrative rules relating to this Section,11shall be guilty of a business offense and fined not less than12$1,000 and no more than $5,000.13 (Source: P.A. 87-833.) 14 (515 ILCS 5/20-80) (from Ch. 56, par. 20-80) 15 Sec. 20-80. Minnow dealers license; penalties. Any 16 resident who, within the State of Illinois, sells or offers 17 for sale, to any other wholesaler or retailer or for 18 consumption, live minnows, whether from waters within or 19 without the State is an intrastate wholesale minnow dealer 20 for purposes of this Code. Any person selling live minnows 21 for stocking only or selling live minnows legally caught or 22 taken by that person to a licensed wholesale minnow dealer, 23 however, is exempt from the provisions of this Section. 24 (a) Before any resident commences activities as an 25 intrastate wholesale minnow dealer, he or she shall first 26 procure a license from the Department to do so. The fee for 27 the license shall be $25 and these licenses shall expire upon 28 the 31st day of January of each year. 29 Before any resident commences activities as an intrastate 30 retail minnow dealer, he or she shall first obtain a license 31 from the Department to do so. The fee for the license shall 32 be $5 and these licenses shall expire upon the 31st day of 33 January of each year. HB1915 Engrossed -4- LRB9204987TApr 1 (b) Only persons who are actual residents of the State 2 of Illinois shall be permitted to transport live minnows 3 obtained in the State of Illinois across any of the borders 4 of the State of Illinois. These persons shall be interstate 5 minnow dealers for purposes of this Code. Before any resident 6 of the State of Illinois shall commence activities as an 7 interstate minnow dealer, he or she shall first obtain a 8 license from the Department to do so. The fee for the license 9 shall be $500 and these licenses shall expire on the 31st day 10 of January of each year. This Section shall not apply to a 11 resident of the State of Illinois possessing a valid sport 12 fishing license. An individual possessing a valid sport 13 fishing license shall be permitted to transport not more than 14 6 dozen live minnows obtained in Illinois across the borders 15 of the State of Illinois. 16 (c) The Department is authorized to establish 17 regulations as may be deemed necessary in the handling of 18 minnows in order to protect the resource as well as the 19 public's interest. 20(d) Any person violating subsection (b) or21administrative rules established under subsection (c) of this22Section shall be guilty of a business offense and fined not23less than $1000 nor more than $5000. Persons violating24subsection (a) of this Section shall be subject to the25penalty provisions of Section 20-35 of this Code.26 (Source: P.A. 89-66, eff. 1-1-96.) 27 Section 15. The Ginseng Harvesting Act is amended by 28 changing Section 5 and adding Section 6 as follows: 29 (525 ILCS 20/5) (from Ch. 61, par. 517) 30 Sec. 5. Penalties. Any Person who knowingly violates any 31 provision of this Act or rules promulgated under the 32 authority of this Act isshall, for each offense,beguilty HB1915 Engrossed -5- LRB9204987TApr 1 of a class B misdemeanorand may have any license issued2under this Act revoked and future license applications denied3for a period not to exceed 3 years. 4 Ginseng possessed, harvested, cut, rooted up, gathered, 5 propagated, sold, purchased, traded, or given away in 6 violation of the provisions of this Act is contraband. 7 Contraband ginseng is subject to seizure and confiscation and 8 shall be disposed of as directed by the Department. 9 (Source: P.A. 85-152.) 10 (525 ILCS 20/6 new) 11 Sec. 6. Additional license revocation and denial 12 provisions. 13 (a) If a license has been issued to any person under 14 this Act and that person is found guilty of any 15 misrepresentation in obtaining that license or a violation of 16 any of the provisions of this Act or its rules, the license 17 may be revoked by the Department. The Department may also 18 refuse to issue any license to that person and may suspend 19 that person from engaging in any activity requiring the 20 license for a period of time not to exceed 5 years following 21 the revocation. 22 (b) If a person who has not been issued a license under 23 this Act is found guilty of a violation of any of the 24 provisions of this Act or its rules, the Department may 25 refuse to issue any license to that person and may suspend 26 that person from engaging in any activity requiring the 27 license for a period of time not to exceed 5 years. 28 (c) The Department's license revocation procedures must 29 be established by administrative rule. 30 (d) Any person who violates any of the provisions of 31 this Act or its rules during any period when his or her 32 license is revoked or denied by virtue of this Section, or 33 during the time he or she is suspended under subsection (b), HB1915 Engrossed -6- LRB9204987TApr 1 is guilty of a Class A misdemeanor. 2 (e) A person whose license to engage in any activity 3 regulated under this Act has been suspended or revoked may 4 not, during the period of the suspension or revocation or 5 until obtaining the proper license, (i) be in the company of 6 any person engaging in the activity covered by the license or 7 (ii) serve as a guide or facilitator for a person who is 8 engaged or prepared to engage in the activity covered by the 9 license. 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.