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92_HB1915enr
HB1915 Enrolled 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, is shall be guilty
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, 15-40, 15-45, 15-55, 15-60,
25 15-65, 15-75, 15-80, 15-85, 15-90, 15-95, 15-100, 15-105,
26 15-110, 15-115, 15-120, 15-130, 15-140, 20-70, 20-75, 20-80,
27 20-85, 25-10, 25-15, or 25-20 of this Code Section 10-80,
28 including administrative rules relating to those Sections, is
29 that Section, shall be guilty of a Class B misdemeanor.
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1 Any person who violates any of the provisions of Section
2 1-200, 1-205, or 10-55, 10-80, 15-35, or 20-120 of this Code,
3 including administrative rules relating to those Sections, is
4 shall be guilty of a Class A misdemeanor.
5 Any person who violates any of the provisions of this
6 Code, including administrative rules, during the 5 years
7 following the revocation of his or her license, permit, or
8 privileges under Section 20-105 is shall be guilty of a Class
9 A misdemeanor.
10 Any person who violates Section 5-25 of this Code,
11 including administrative rules, is shall be guilty of a Class
12 3 felony.
13 Offenses committed by minors under the direct control or
14 with the consent of a parent or guardian may subject the
15 parent or guardian to the penalties prescribed in this
16 Section or as otherwise provided in this Code.
17 In addition to any fines imposed under this Section, or
18 as otherwise provided in this Code, any person found guilty
19 of unlawfully taking or possessing any aquatic life protected
20 by this Code shall be assessed a civil penalty for that
21 aquatic life in accordance with the values prescribed in
22 Section 5-25 of this Code. This civil penalty shall be
23 imposed at the time of the conviction by the Circuit Court
24 for the county where the offense was committed. All
25 penalties provided for in this Section shall be remitted to
26 the Department in accordance with the provisions of Section
27 1-180 of this Code.
28 (Source: P.A. 87-798; 87-833; 87-895.)
29 (515 ILCS 5/20-75) (from Ch. 56, par. 20-75)
30 Sec. 20-75. Mussel dealer permits; fees; violations.
31 Any person, before receiving, buying, or offering to do so,
32 or acting as an agent or broker in receipt or purchase of
33 mussels, within the State of Illinois, shall first obtain a
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1 permit from the Department to do so.
2 The fee for a permit for residents of the State of
3 Illinois shall be $300 a year, and for non-residents of the
4 State of Illinois the fee shall be $2,500 a year. These
5 permits shall expire on the 31st day of January of each year.
6 A report of each year's activities of each person holding a
7 permit shall be required as directed by the Department.
8 Any person who violates any provision of this Section,
9 including administrative rules relating to this Section,
10 shall be guilty of a business offense and fined not less than
11 $1,000 and no more than $5,000.
12 (Source: P.A. 87-833.)
13 (515 ILCS 5/20-80) (from Ch. 56, par. 20-80)
14 Sec. 20-80. Minnow dealers license; penalties. Any
15 resident who, within the State of Illinois, sells or offers
16 for sale, to any other wholesaler or retailer or for
17 consumption, live minnows, whether from waters within or
18 without the State is an intrastate wholesale minnow dealer
19 for purposes of this Code. Any person selling live minnows
20 for stocking only or selling live minnows legally caught or
21 taken by that person to a licensed wholesale minnow dealer,
22 however, is exempt from the provisions of this Section.
23 (a) Before any resident commences activities as an
24 intrastate wholesale minnow dealer, he or she shall first
25 procure a license from the Department to do so. The fee for
26 the license shall be $25 and these licenses shall expire upon
27 the 31st day of January of each year.
28 Before any resident commences activities as an intrastate
29 retail minnow dealer, he or she shall first obtain a license
30 from the Department to do so. The fee for the license shall
31 be $5 and these licenses shall expire upon the 31st day of
32 January of each year.
33 (b) Only persons who are actual residents of the State
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1 of Illinois shall be permitted to transport live minnows
2 obtained in the State of Illinois across any of the borders
3 of the State of Illinois. These persons shall be interstate
4 minnow dealers for purposes of this Code. Before any resident
5 of the State of Illinois shall commence activities as an
6 interstate minnow dealer, he or she shall first obtain a
7 license from the Department to do so. The fee for the license
8 shall be $500 and these licenses shall expire on the 31st day
9 of January of each year. This Section shall not apply to a
10 resident of the State of Illinois possessing a valid sport
11 fishing license. An individual possessing a valid sport
12 fishing license shall be permitted to transport not more than
13 6 dozen live minnows obtained in Illinois across the borders
14 of the State of Illinois.
15 (c) The Department is authorized to establish
16 regulations as may be deemed necessary in the handling of
17 minnows in order to protect the resource as well as the
18 public's interest.
19 (d) Any person violating subsection (b) or
20 administrative rules established under subsection (c) of this
21 Section shall be guilty of a business offense and fined not
22 less than $1000 nor more than $5000. Persons violating
23 subsection (a) of this Section shall be subject to the
24 penalty provisions of Section 20-35 of this Code.
25 (Source: P.A. 89-66, eff. 1-1-96.)
26 Section 15. The Ginseng Harvesting Act is amended by
27 changing Section 5 and adding Section 6 as follows:
28 (525 ILCS 20/5) (from Ch. 61, par. 517)
29 Sec. 5. Penalties. Any Person who knowingly violates any
30 provision of this Act or rules promulgated under the
31 authority of this Act is shall, for each offense, be guilty
32 of a class B misdemeanor and may have any license issued
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1 under this Act revoked and future license applications denied
2 for a period not to exceed 3 years.
3 Ginseng possessed, harvested, cut, rooted up, gathered,
4 propagated, sold, purchased, traded, or given away in
5 violation of the provisions of this Act is contraband.
6 Contraband ginseng is subject to seizure and confiscation and
7 shall be disposed of as directed by the Department.
8 (Source: P.A. 85-152.)
9 (525 ILCS 20/6 new)
10 Sec. 6. Additional license revocation and denial
11 provisions.
12 (a) If a license has been issued to any person under
13 this Act and that person is found guilty of any
14 misrepresentation in obtaining that license or a violation of
15 any of the provisions of this Act or its rules, the license
16 may be revoked by the Department. The Department may also
17 refuse to issue any license to that person and may suspend
18 that person from engaging in any activity requiring the
19 license for a period of time not to exceed 5 years following
20 the revocation.
21 (b) If a person who has not been issued a license under
22 this Act is found guilty of a violation of any of the
23 provisions of this Act or its rules, the Department may
24 refuse to issue any license to that person and may suspend
25 that person from engaging in any activity requiring the
26 license for a period of time not to exceed 5 years.
27 (c) The Department's license revocation procedures must
28 be established by administrative rule.
29 (d) Any person who violates any of the provisions of
30 this Act or its rules during any period when his or her
31 license is revoked or denied by virtue of this Section, or
32 during the time he or she is suspended under subsection (b),
33 is guilty of a Class A misdemeanor.
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1 (e) A person whose license to engage in any activity
2 regulated under this Act has been suspended or revoked may
3 not, during the period of the suspension or revocation or
4 until obtaining the proper license, (i) be in the company of
5 any person engaging in the activity covered by the license or
6 (ii) serve as a guide or facilitator for a person who is
7 engaged or prepared to engage in the activity covered by the
8 license.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.
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