Illinois General Assembly - Full Text of SB1566
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Full Text of SB1566  97th General Assembly

SB1566ham002 97TH GENERAL ASSEMBLY

Rep. Frank J. Mautino

Filed: 5/25/2012

 

 


 

 


 
09700SB1566ham002LRB097 05492 CEL 70137 a

1
AMENDMENT TO SENATE BILL 1566

2    AMENDMENT NO. ______. Amend Senate Bill 1566 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 90.

 
5    Section 90-5. The Department of Natural Resources Act is
6amended by adding Section 20-15 as follows:
 
7    (20 ILCS 801/20-15 new)
8    Sec. 20-15. Entrance fee. The Department may set by
9administrative rule an entrance fee for visitors to the
10Illinois State Museum. The fee assessed by this Section shall
11be deposited into the Illinois State Museum Fund for the
12Department to use to support the Illinois State Museum. The
13monies deposited into the Illinois State Museum Fund under this
14Section shall not be subject to administrative charges or
15chargebacks unless otherwise authorized by this Act.
 

 

 

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1    Section 90-10. The Department of Natural Resources
2(Conservation) Law of the Civil Administrative Code of Illinois
3is amended by changing Sections 805-70, 805-335, 805-420, and
4805-435 and by adding Sections 805-555 and 805-560 as follows:
 
5    (20 ILCS 805/805-70)  (was 20 ILCS 805/63b2.9)
6    Sec. 805-70. Grants and contracts.
7    (a) The Department has the power to accept, receive,
8expend, and administer, including by grant, agreement, or
9contract, those funds that are made available to the Department
10from the federal government and other public and private
11sources in the exercise of its statutory powers and duties.
12    (b) The Department may make grants to other State agencies,
13universities, not-for-profit organizations, and local
14governments, pursuant to an appropriation in the exercise of
15its statutory powers and duties.
16    (c) With the exception of Open Space Lands Acquisition and
17Development and Land and Water Conservation Fund grants, the
18Department may assess review and processing fees for grant
19program applications under the jurisdiction of the Department.
20The Department may, by rule, regulate the fees, methods, and
21programs to be charged. The income collected shall be deposited
22into the Park and Conservation Fund for the furtherance of the
23Department grant programs or for use by the Department for the
24ordinary and contingent expenses of the Department.

 

 

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1    Except as otherwise provided, all revenue collected from
2the application fee for the State Migratory Waterfowl Stamp
3Fund shall be deposited into the State Migratory Waterfowl
4Stamp Fund.
5    Except as otherwise provided, all revenue collected from
6the application fee for the State Pheasant Fund shall be
7deposited into the State Pheasant Fund.
8    Except as otherwise provided, all revenue collected from
9the application fee for the Illinois Habitat Fund shall be
10deposited into the Illinois Habitat Fund.
11    Except as otherwise provided, all revenue collected from
12the application fee for the State Furbearer Fund shall be
13deposited into the State Furbearer Fund.
14    The monies deposited into the Park and Conservation Fund,
15the State Migratory Waterfowl Stamp Fund, the State Pheasant
16Fund, the Illinois Habitat Fund, and the State Furbearer Fund
17under this Section shall not be subject to administrative
18charges or chargebacks unless otherwise authorized by this Act.
19(Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
 
20    (20 ILCS 805/805-335)
21    Sec. 805-335. Fees. The Department has the power to assess
22appropriate and reasonable fees for the use of concession type
23facilities as well as other facilities and sites under the
24jurisdiction of the Department, including, but not limited to,
25beaches, bike trails, equestrian trails, and other types of

 

 

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1trails. The Department may regulate, by rule, the fees to be
2charged. The income collected shall be deposited into the State
3Parks Fund or Wildlife and Fish Fund depending on the
4classification of the State managed facility involved. The
5monies deposited into the State Parks Fund or the Wildlife and
6Fish Fund under this Section shall not be subject to
7administrative charges or chargebacks unless otherwise
8authorized by this Act.
9(Source P.A.: 90-655, eff. 7-30-98; 91-239, eff. 1-1-00.)
 
10    (20 ILCS 805/805-420)  (was 20 ILCS 805/63a36)
11    Sec. 805-420. Appropriations from Park and Conservation
12Fund. The Department has the power to expend monies
13appropriated to the Department from the Park and Conservation
14Fund in the State treasury for conservation and park purposes.
15    Eighty percent of the All revenue derived from fees paid
16for certificates of title, duplicate certificates of title and
17corrected certificates of title and deposited in the Park and
18Conservation Fund, as provided for in Section 2-119 of the
19Illinois Vehicle Code, shall be expended solely by the
20Department pursuant to an appropriation for acquisition,
21development, and maintenance of bike paths, including grants
22for the acquisition and development of bike paths and 20% of
23the revenue derived from fees shall be deposited into the
24Illinois Fisheries Management Fund, a special fund created in
25the State Treasury to be used for the operation of the Division

 

 

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1of Fisheries within the Department.
2    Revenue derived from fees paid for the registration of
3motor vehicles of the first division and deposited in the Park
4and Conservation Fund, as provided for in Section 3-806 of the
5Illinois Vehicle Code, shall be expended by the Department for
6the following purposes:
7        (A) Fifty percent of funds derived from the vehicle
8    registration fee shall be used by the Department for normal
9    operations.
10        (B) Fifty percent of funds derived from the vehicle
11    registration fee shall be used by the Department for
12    construction and maintenance of State owned, leased, and
13    managed sites.
14    The monies deposited into the Park and Conservation Fund
15and the Illinois Fisheries Management Fund under this Section
16shall not be subject to administrative charges or chargebacks
17unless otherwise authorized by this Act.
18(Source: P.A. 91-239, eff. 1-1-00.)
 
19    (20 ILCS 805/805-435)  (was 20 ILCS 805/63b2.5)
20    Sec. 805-435. Office of Conservation Resource Marketing.
21The Department shall maintain an Office of Conservation
22Resource Marketing. The Office shall conduct a program for
23marketing and promoting the use of conservation resources in
24Illinois with emphasis on recreation and tourism facilities.
25The Office shall coordinate its tourism promotion efforts with

 

 

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1local community events and shall include a field staff which
2shall work with the Department of Commerce and Economic
3Opportunity and local officials to coordinate State and local
4activities for the purpose of expanding tourism and local
5economies. The Office shall develop, review, and coordinate
6brochures and information pamphlets for promoting the use of
7conservation resources. The Office may charge shipping fees on
8the distribution of all items from the Department's
9Clearinghouse. The Office shall conduct marketing research to
10identify organizations and target populations that can be
11encouraged to use Illinois recreation facilities for group
12events and the many tourist sites.
13    The Director shall submit an annual report to the Governor
14and the General Assembly summarizing the Office's activities
15and including its recommendations for improving the
16Department's tourism promotion and marketing programs for
17conservation resources.
18(Source: P.A. 94-793, eff. 5-19-06.)
 
19    (20 ILCS 805/805-555 new)
20    Sec. 805-555. Consultation fees.
21    (a) For the purposes of this Section, "agency" shall have
22the meaning assigned in Section 1-20 of the Illinois
23Administrative Procedure Act.
24    (b) The Department shall assess a $500 fee for
25consultations conducted under subsection (b) of Section 11 of

 

 

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1the Illinois Endangered Species Protection Act and Section 17
2of the Illinois Natural Areas Preservation Act. The Department
3shall not assess any fee for consultations requested by a State
4agency or federal agency. Any fee assessed under this Section
5shall be deposited into the Illinois Wildlife Preservation
6Fund.
7    (c) The Department may adopt rules to implement this
8Section.
9    (d) The monies deposited into the Illinois Wildlife
10Preservation Fund under this Section shall not be subject to
11administrative charges or chargebacks unless otherwise
12authorized by this Act.
 
13    (20 ILCS 805/805-560 new)
14    Sec. 805-560. Entrance fees for site visitors from other
15states.
16    (a) The General Assembly finds that a dedicated funding
17stream shall be established for the operation and maintenance
18of sites owned, managed, or leased by the Department to help
19ensure that these State treasures will be properly maintained
20and remain accessible to the public for generations to come.
21    (b) The Department may charge an annual vehicle access fee
22for access by site visitors from other states to properties
23owned, managed, or leased by the Department.
24    (c) The Department may charge a daily vehicle access fee to
25site visitors from other states who have not paid the current

 

 

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1annual vehicle access fee.
2    (d) The Department may establish a fine for site visitors
3from other states who enter a site in a vehicle without paying
4the annual vehicle access fee or daily vehicle access fee.
5    (e) Revenue generated by the fees and fine assessed
6pursuant to this Section shall be deposited into the State
7Parks Fund or the Wildlife and Fish Fund, special funds in the
8State treasury.
9    (f) The Department shall adopt any and all rules necessary
10to implement this Section.
11    (g) The monies deposited into the State Parks Fund or the
12Wildlife and Fish Fund under this Section shall not be subject
13to administrative charges or chargebacks unless otherwise
14authorized by this Act.
 
15    Section 90-15. The Recreational Trails of Illinois Act is
16amended by changing Sections 10 and 15 and by adding Sections
1726, 28, 30, 32, 34, 36, 38, and 40 as follows:
 
18    (20 ILCS 862/10)
19    Sec. 10. Definitions. As used in this Act:
20    "Board" means the State Off-Highway Vehicle Trails
21Advisory Board.
22    "Department" means the Department of Natural Resources.
23    "Director" means the Director of Natural Resources.
24    "Fund" means the Off-Highway Vehicle Trails Fund.

 

 

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1    "Off-highway vehicle" means a motor-driven recreational
2vehicle capable of cross-country travel on natural terrain
3without benefit of a road or trail, including an all-terrain
4vehicle and off-highway motorcycle as defined in the Illinois
5Vehicle Code. "Off-highway vehicle" does not include a
6snowmobile; a motorcycle; a watercraft; a farm vehicle being
7used for farming; a vehicle used for military, fire, emergency,
8or law enforcement purposes; a construction or logging vehicle
9used in the performance of its common function; a motor vehicle
10owned by or operated under contract with a utility, whether
11publicly or privately owned, when used for work on utilities; a
12commercial vehicle being used for its intended purpose;
13snow-grooming equipment when used for its intended purpose; or
14an aircraft.
15    "Recreational trail" means a thoroughfare or track across
16land or snow, used for recreational purposes such as bicycling,
17cross-country skiing, day hiking, equestrian activities,
18jogging or similar fitness activities, trail biking, overnight
19and long-distance backpacking, snowmobiling, aquatic or water
20activity, and vehicular travel by motorcycle or off-highway
21vehicles.
22(Source: P.A. 90-287, eff. 1-1-98.)
 
23    (20 ILCS 862/15)
24    Sec. 15. Off-Highway Vehicle Trails Fund.
25    (a) The Off-Highway Vehicle Trails Fund is created as a

 

 

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1special fund in the State treasury. Money from federal, State,
2and private sources may be deposited into the Fund. Fines
3assessed by the Department of Natural Resources for citations
4issued to off-highway vehicle operators shall be deposited into
5the Fund. All interest accrued on the Fund shall be deposited
6into the Fund.
7    (b) All money in the Fund shall be used, subject to
8appropriation, by the Department for the following purposes:
9        (1) Grants for construction of off-highway vehicle
10    recreational trails on county, municipal, other units of
11    local government, or private lands where a recreational
12    need for the construction is shown.
13        (2) Grants for maintenance and construction of
14    off-highway vehicle recreational trails on federal lands,
15    where permitted by law.
16        (3) Grants for development of off-highway vehicle
17    trail-side facilities in accordance with criteria approved
18    by the National Recreational Trails Advisory Committee.
19        (4) Grants for acquisition of property from willing
20    sellers for off-highway vehicle recreational trails when
21    the objective of a trail cannot be accomplished by other
22    means.
23        (5) Grants for development of urban off-highway
24    vehicle trail linkages near homes and workplaces.
25        (6) Grants for maintenance of existing off-highway
26    vehicle recreational trails, including the grooming and

 

 

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1    maintenance of trails across snow.
2        (7) Grants for restoration of areas damaged by usage of
3    off-highway vehicle recreational trails and back country
4    terrain.
5        (8) Grants for provision of features that facilitate
6    the access and use of off-highway vehicle trails by persons
7    with disabilities.
8        (9) Grants for acquisition of easements for
9    off-highway vehicle trails or for trail corridors.
10        (10) Grants for a rider education and safety program.
11        (11) Administration, enforcement, planning, and
12    implementation of this Act and all Sections Section 11-1427
13    of the Illinois Vehicle Code which regulate the operation
14    of off-highway vehicles as defined in this Act.
15    Of the money used from the Fund for the purposes set forth
16in this subsection, at least 92% shall be allocated for
17motorized recreation and not more than 8% shall be used by the
18Department for administration, enforcement, planning, and
19implementation of this Act or diverted from the Fund,
20notwithstanding any other law to the contrary adopted after the
21effective date of this amendatory Act of the 95th General
22Assembly. The Department shall establish, by rule, measures to
23verify that recipients of money from the Fund comply with the
24specified conditions for the use of the money.
25    (c) The Department may not use the money from the Fund for
26the following purposes:

 

 

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1        (1) Condemnation of any kind of interest in property.
2        (2) Construction of any recreational trail on National
3    Forest System land for motorized uses unless those lands
4    have been allocated for uses other than wilderness by an
5    approved forest land and resource management plan or have
6    been released to uses other than wilderness by an Act of
7    Congress, and the construction is otherwise consistent
8    with the management direction in the approved land and
9    resource management plan.
10        (3) Construction of motorized recreational trails on
11    Department owned or managed land.
12    (d) The Department shall establish a program to administer
13grants from the Fund to units of local government,
14not-for-profit organizations, and other groups to operate,
15maintain, and acquire land for off-highway vehicle parks that
16are open and accessible to the public.
17    (e) The monies deposited into the Off-Highway Vehicle
18Trails Fund under this Section shall not be subject to
19administrative charges or chargebacks unless otherwise
20authorized by this Act.
21(Source: P.A. 95-670, eff. 10-11-07; 96-279, eff. 1-1-10.)
 
22    (20 ILCS 862/26 new)
23    Sec. 26. Operation of off-highway vehicles without an
24Off-Highway Vehicle Usage Stamp. Except as hereinafter
25provided, no person shall, on or after July 1, 2013, operate

 

 

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1any off-highway vehicle within the State unless the off-highway
2vehicle has attached an Off-Highway Vehicle Usage Stamp
3purchased and displayed in accordance with the provisions of
4this Act. The Department shall adopt rules for the purchase of
5Off-Highway Vehicle Usage Stamps. The fee for an Off-Highway
6Vehicle Usage Stamp shall be $15 annually and shall expire the
7March 31st following the year displayed on the Off-Highway
8Vehicle Usage Stamp. The Department shall deposit $5 from the
9sale of each Off-Highway Vehicle Usage Stamp into the
10Conservation Police Operations Assistance Fund. The Department
11shall deposit $10 from the sale of each Off-Highway Vehicle
12Usage Stamp into the Park and Conservation Fund. The monies
13deposited into the Conservation Police Operations Assistance
14Fund or the Park and Conservation Fund under this Section shall
15not be subject to administrative charges or chargebacks unless
16otherwise authorized by this Act.
 
17    (20 ILCS 862/28 new)
18    Sec. 28. Off-Highway Vehicle Usage Stamp display. The
19Department shall issue to the off-highway vehicle operator an
20Off-Highway Vehicle Usage Stamp in accordance with Section 26
21of this Act. The owner shall prominently display the stamp on
22the forward half of the off-highway vehicle.
 
23    (20 ILCS 862/30 new)
24    Sec. 30. Owner responsibility. It shall be unlawful for the

 

 

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1owner of any off-highway vehicle to knowingly allow any minor
2child to operate his or her off-highway vehicle in violation of
3this Act.
 
4    (20 ILCS 862/32 new)
5    Sec. 32. Destruction, sale, or transfer of Off-Highway
6Vehicle Usage Stamps. The operator of any off-highway vehicle
7shall be required to purchase a new Off-Highway Vehicle Usage
8Stamp if a previous Off-Highway Vehicle Usage Stamp is
9destroyed, lost, stolen, or mutilated beyond legibility. A
10valid Off-Highway Vehicle Usage Stamp already displayed on an
11off-highway vehicle that is sold or transferred shall remain
12valid until such time the stamp is expired.
 
13    (20 ILCS 862/34 new)
14    Sec. 34. Exception from display of Off-Highway Vehicle
15Usage Stamps. The operator of an off-highway vehicle shall not
16be required to display an Off-Highway Vehicle Usage Stamp if
17the off-highway vehicle is:
18        (1) owned and used by the United States, the State of
19    Illinois, another state, or a political subdivision
20    thereof, but these off-highway vehicles shall prominently
21    display the name of the owner on the off-highway vehicle;
22        (2) operated on lands where the owner permanently
23    resides; this exception shall not apply to clubs,
24    associations, lands leased for hunting or recreational

 

 

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1    purposes, or to off-highway vehicles being used by
2    outfitters as defined in the Wildlife Code as part of their
3    outfitting business;
4        (3) used only on international or national competition
5    circuits in events for which written permission has been
6    obtained by the sponsoring or sanctioning body from the
7    governmental unit having jurisdiction over the location of
8    any event held in this State;
9        (4) while being used for activities associated with
10    farming or livestock production operations; or
11        (5) while being used on an off-highway vehicle grant
12    assisted site and the off-highway vehicle displays a
13    Off-Highway Vehicle Access decal.
 
14    (20 ILCS 862/36 new)
15    Sec. 36. Falsification. No person shall falsely, alter, or
16change in any manner the Off-Highway Vehicle Usage Stamp issued
17under the provisions of this Act, or falsify any record
18required by this Act, or counterfeit any form of license
19provided for by this Act. Any person found guilty of this
20Section shall be guilty of a Class A misdemeanor.
 
21    (20 ILCS 862/38 new)
22    Sec. 38. Penalties. Except as otherwise provided in Section
2336 of this Act, any person who violates any of the provisions
24of this Act, including administrative rules, shall be guilty of

 

 

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1a petty offense.
 
2    (20 ILCS 862/40 new)
3    Sec. 40. Inspection authority. Agents of the Department or
4other duly authorized police officers may stop and inspect any
5off-highway vehicle at any time for the purposes of determining
6if the provisions of this Act are being complied with. If the
7inspecting officer or agent discovers any violation of the
8provisions of this Act, he or she shall issue a summons to the
9operator of the off-highwawy vehicle requiring that the
10operator appear before the circuit court for the county within
11which the offense was committed.
 
12    Section 90-20. The State Finance Act is amended by changing
13Section 6z-36 and by adding Sections 5.811 and 5.812 as
14follows:
 
15    (30 ILCS 105/5.811 new)
16    Sec. 5.811. The Illinois State Museum Fund.
 
17    (30 ILCS 105/5.812 new)
18    Sec. 5.812. The Illinois Fisheries Management Fund.
 
19    (30 ILCS 105/6z-36)
20    Sec. 6z-36. Coal Mining Regulatory Fund; uses. All moneys
21collected as fees and civil penalties under the Surface Coal

 

 

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1Mining Land Conservation and Reclamation Act, collected as fees
2under the Coal Mining Act, and collected as fees submitted to
3the Department of Natural Resources' analytical laboratory
4shall be deposited into the Coal Mining Regulatory Fund, a
5special fund in the State Treasury that is hereby created. All
6earnings on moneys in the Fund shall be deposited into the
7Fund. Moneys in the Fund shall be annually appropriated to the
8Department of Natural Resources for the enforcement of coal
9mining regulatory laws and rules adopted by the Department
10under those laws. The monies deposited into the Coal Mining
11Regulatory Fund under this Section shall not be subject to
12administrative charges or chargebacks unless otherwise
13authorized by this Act.
14(Source: P.A. 88-599; 89-445, eff. 2-7-96.)
 
15    Section 90-25. The Illinois Non-Game Wildlife Protection
16Act is amended by changing Section 4 as follows:
 
17    (30 ILCS 155/4)  (from Ch. 61, par. 404)
18    Sec. 4. (a) There is created the Illinois Wildlife
19Preservation Fund, a special fund in the State Treasury. The
20Department of Revenue shall determine annually the total amount
21contributed to such fund pursuant to this Act and shall notify
22the State Comptroller and the State Treasurer of such amount to
23be transferred to the Illinois Wildlife Preservation Fund, and
24upon receipt of such notification the State Comptroller shall

 

 

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1transfer such amount.
2    (b) The Department of Natural Resources shall deposit any
3donations including federal reimbursements received for the
4purposes in the Illinois Wildlife Preservation Fund.
5    (c) The General Assembly may appropriate annually from the
6Illinois Wildlife Preservation Fund such monies credited to
7such fund from the check-off contribution system provided in
8this Act and from other funds received for the purposes of this
9Act, to the Department of Natural Resources to be used for the
10purposes of preserving, protecting, perpetuating and enhancing
11non-game wildlife in this State. Beginning with fiscal year
122006, 5% of the Illinois Wildlife Preservation Fund must be
13committed to or expended on grants by the Department of Natural
14Resources for the maintenance of wildlife rehabilitation
15facilities that take care of threatened or endangered species.
16For purposes of calculating the 5%, the amount in the Fund is
17exclusive of any federal funds deposited in or credited to the
18Fund or any amount deposited in the Fund under subsection (b)
19of Section 805-555 of the Department of Natural Resources
20(Conservation) Law. The Department shall establish criteria
21for the grants by rules adopted in accordance with the Illinois
22Administrative Procedure Act before January 1, 2006. However,
23no amount appropriated from the Illinois Wildlife Preservation
24Fund may be used by the Department of Natural Resources to
25exercise its power of eminent domain.
26(Source: P.A. 94-516, eff. 8-10-05.)
 

 

 

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1    Section 90-35. The Coal Mining Act is amended by changing
2Sections 3.02, 3.04, and 8.07 and by adding Sections 2.16 and
33.08 as follows:
 
4    (225 ILCS 705/2.16 new)
5    Sec. 2.16. Rules; Illinois Administrative Procedure Act.
6The Mining Board may adopt rules necessary for or incidental to
7the performance of duties or execution of powers conferred
8under this Act in accordance with provisions of the Illinois
9Administrative Procedure Act.
 
10    (225 ILCS 705/3.02)  (from Ch. 96 1/2, par. 352)
11    Sec. 3.02. The Mining Board shall make a record of the
12names and addresses of all persons to whom certificates
13provided for in this Act Article 2 are issued, except those
14issued as provided in Article 8 of this Act.
15(Source: Laws 1957, p. 1558.)
 
16    (225 ILCS 705/3.04)  (from Ch. 96 1/2, par. 354)
17    Sec. 3.04. An applicant for any certificate provided for in
18this Act Article 2, except those issued as provided in Article
198, before being examined, shall register his or her name with
20the Mining Board and file with the Board the credentials
21required by this Act, to-wit: an affidavit as to all matters of
22fact establishing his or her right to receive the examination,

 

 

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1and a certificate of good character and temperate habits signed
2by at least 10 residents of the community in which he or she
3resides. Each applicant shall also submit a reasonable fee as
4prescribed by rule, with such fee being deposited into the Coal
5Mining Regulatory Fund. The monies deposited into the Coal
6Mining Regulatory Fund under this Section shall not be subject
7to administrative charges or chargebacks unless otherwise
8authorized by this Act.
9(Source: Laws 1953, p. 701.)
 
10    (225 ILCS 705/3.08 new)
11    Sec. 3.08. Fees for renewal. The Mining Board may establish
12by rule a fee for the renewal of certificates with such fee
13being deposited into the Coal Mining Regulatory Fund. The
14monies deposited into the Coal Mining Regulatory Fund under
15this Section shall not be subject to administrative charges or
16chargebacks unless otherwise authorized by this Act.
 
17    (225 ILCS 705/8.07)  (from Ch. 96 1/2, par. 807)
18    Sec. 8.07. Each applicant who satisfies the requirements
19set forth in this Article shall receive his or her certificate
20of competency upon satisfactorily passing the examination and
21submitting a fee as prescribed by rule. All fees collected
22shall be deposited into the Coal Mining Regulatory Fund ,
23without the payment of fees, except that a fee of $2 shall be
24paid to the Department for additional copies of certificates.

 

 

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1The monies deposited into the Coal Mining Regulatory Fund under
2this Section shall not be subject to administrative charges or
3chargebacks unless otherwise authorized by this Act.
4(Source: P.A. 85-1333.)
 
5    Section 90-40. The Surface-Mined Land Conservation and
6Reclamation Act is amended by changing Sections 5 and 10 as
7follows:
 
8    (225 ILCS 715/5)  (from Ch. 96 1/2, par. 4506)
9    Sec. 5. Application for permit; bond; fee; permit.
10    (a) Application for a permit shall be made upon a form
11furnished by the Department, which form shall contain a
12description of the tract or tracts of land and the estimated
13number of acres thereof to be affected by surface mining by the
14applicant to the tenth succeeding June 30, which description
15shall include the section, township, range, and county in which
16the land is located and shall otherwise describe the land with
17sufficient certainty so that it may be located and
18distinguished from other lands, and a statement that the
19applicant has the right and power by legal estate owned to mine
20by surface mining and to reclaim the land so described. Such
21application shall be accompanied by: (i) a bond or security
22meeting the requirements of Section 8 of this Act; and (ii) a
23fee of $150 $100 for every acre and fraction of an acre of land
24to be permitted.

 

 

09700SB1566ham002- 22 -LRB097 05492 CEL 70137 a

1    (b) An operator desiring to have a permit amended to cover
2additional land may file an amended application with the
3Department with such additional fee and bond or security as may
4be required under the provisions of this Act. Such amendment
5shall comply with all requirements of this Act.
6    (c) An operator may withdraw any land covered by a permit,
7excepting affected land, by notifying the Department thereof,
8in which case the penalty of the bond or security filed by such
9operator pursuant to the provisions of this Act shall be
10reduced proportionately.
11    (d) (Blank).
12    (e) Every application, and every amendment to an
13application, submitted under this Act shall contain the
14following, except that the Director may waive the requirements
15of this subsection (e) for amendments if the affected acreage
16is similar in nature to the acreage stated in the permit to be
17amended:
18        1. a statement of the ownership of the land and of the
19    minerals to be mined;
20        2. the minerals to be mined;
21        3. the character and composition of the vegetation and
22    wildlife on lands to be affected;
23        4. the current and past uses to which the lands to be
24    affected have been put;
25        5. the current assessed valuation of the lands to be
26    affected and the assessed valuation shown by the two

 

 

09700SB1566ham002- 23 -LRB097 05492 CEL 70137 a

1    quadrennial assessments next preceding the currently
2    effective assessment;
3        6. the nature, depth and proposed disposition of the
4    overburden;
5        7. the estimated depth to which the mineral deposit
6    will be mined;
7        8. the location of existing roads, and anticipated
8    access and haulage roads planned to be used or constructed
9    in conducting surface mining;
10        9. the technique to be used in surface mining;
11        10. the location and names of all streams, creeks,
12    bodies of water and underground water resources within
13    lands to be affected;
14        11. drainage on and away from the lands to be affected
15    including directional flow of water, natural and
16    artificial drainways and waterways, and streams or
17    tributaries receiving the discharge;
18        12. the location of buildings and utility lines within
19    lands to be affected;
20        13. the results of core drillings of consolidated
21    materials in the overburden when required by the
22    Department, provided that the Department may not require
23    core drillings at the applicant's expense in excess of one
24    core drill for every 25 acres of land to be affected;
25        14. a conservation and reclamation plan and map
26    acceptable to the Department. The operator shall designate

 

 

09700SB1566ham002- 24 -LRB097 05492 CEL 70137 a

1    which parts of the lands to be affected are proposed to be
2    reclaimed for forest, pasture, crop, horticultural,
3    homesite, recreational, industrial or other uses including
4    food, shelter and ground cover for wildlife and shall show
5    the same by appropriate designation on a reclamation map.
6    The plan shall:
7            (i) provide for timely compliance with all
8        operator duties set forth in Section 6 of this Act by
9        feasible and available means; and
10            (ii) provide for storage of all overburden and
11        refuse.
12    Information respecting the minerals to be mined required by
13subparagraph (e)2 of this Section, respecting the estimated
14depth to which the mineral deposit will be mined required by
15subparagraph (e)7 of this Section, and respecting the results
16of core drillings required by subparagraph (e)13 of this
17Section shall be held confidential by the Department upon
18written request of the applicant.
19    (f) All information required in subsection (e) of this
20Section, with the exception of that information which is to be
21held in confidentiality by the Department shall be made
22available by the operator for public inspection at the county
23seat of each county containing land to be affected. The county
24board of each county containing lands to be affected may
25propose the use for which such lands within its county are to
26be reclaimed and such proposal shall be considered by the

 

 

09700SB1566ham002- 25 -LRB097 05492 CEL 70137 a

1Department, provided that any such proposal must be consistent
2with all requirements of this Act.
3    Such plan shall be deposited with the county board no less
4than 60 days prior to any action on the plan by the Department.
5All actions by the county board pursuant to this Section must
6be taken within 45 days of receiving the plan.
7    If requested by a county board of a county to be affected
8under a proposed permit, a public hearing to be conducted by
9the Department shall be held in such county on the permit
10applicant's proposed reclamation plan. By rules and
11regulations the Department shall establish hearing dates which
12provide county boards reasonable time in which to have reviewed
13the proposed plans and the procedural rules for the calling and
14conducting of the public hearing. Such procedural rules shall
15include provisions for reasonable notice to all parties,
16including the applicant, and reasonable opportunity for all
17parties to respond by oral or written testimony, or both, to
18statements and objections made at the public hearing. County
19boards and the public shall present their recommendations at
20these hearings. A complete record of the hearings and all
21testimony shall be made by the Department and recorded
22stenographically.
23    (g) The Department shall approve a conservation and
24reclamation plan if the plan complies with this Act and
25completion of the plan will in fact achieve every duty of the
26operator required by this Act. The Department's approval of a

 

 

09700SB1566ham002- 26 -LRB097 05492 CEL 70137 a

1plan shall be based upon the advice of technically trained
2foresters, agronomists, economists, engineers, planners and
3other relevant experts having experience in reclaiming
4surface-mined lands, and having scientific or technical
5knowledge based upon research into reclaiming and utilizing
6surface-mined lands. The Department shall consider all
7testimony presented at the public hearings as provided in
8subsection (f) of this Section. In cases where no public
9hearing is held on a proposed plan, the Department shall
10consider written testimony from county boards when submitted no
11later than 45 days following filing of the proposed plan with
12the county board. The Department shall immediately serve copies
13of such written testimony on the applicant and give the
14applicant a reasonable opportunity to respond by written
15testimony. The Department shall consider the short and long
16term impact of the proposed mining on vegetation, wildlife,
17fish, land use, land values, local tax base, the economy of the
18region and the State, employment opportunities, air pollution,
19water pollution, soil contamination, noise pollution and
20drainage. The Department may consider feasible alternative
21uses for which reclamation might prepare the land to be
22affected and may analyze the relative costs and effects of such
23alternatives. Whenever the Department does not approve the
24operator's plan, and whenever the plan approved by the
25Department does not conform to the views of the county board
26expressed in accordance with subsection (f) of this Section,

 

 

09700SB1566ham002- 27 -LRB097 05492 CEL 70137 a

1the Department shall issue a statement of its reasons for its
2determination and shall make such statement public. The
3approved plan shall be filed by the applicant with the clerk of
4each county containing lands to be affected and such plan shall
5be available for public inspection at the office of the clerk
6until reclamation is completed and the bond is released in
7accordance with the provisions of the Act.
8    (h) Upon receipt of a bond or security, all fees due from
9the operator, and approval of the conservation and reclamation
10plan by the Department, the Department shall issue a permit to
11the applicant which shall entitle him to engage thereafter in
12surface mining on the land therein described until the tenth
13succeeding June 30, the period for which such permits are
14issued being hereafter referred to as the "permit period".
15    (i) The operator may transfer any existing permit to a
16second operator, after first notifying the Department of the
17intent to transfer said permit. The Department shall transfer
18any existing permit to a second party upon written notification
19from both parties and the posting of an adequate performance
20bond by the new permittee.
21(Source: P.A. 91-357, eff. 7-29-99; 91-938, eff. 1-11-01.)
 
22    (225 ILCS 715/10)  (from Ch. 96 1/2, par. 4511)
23    Sec. 10. Administration.
24    (a) In addition to the duties and powers of the Department
25prescribed by the Civil Administrative Code of Illinois, it

 

 

09700SB1566ham002- 28 -LRB097 05492 CEL 70137 a

1shall have full power and authority to carry out and administer
2the provisions of this Act. These powers shall include, but are
3not limited to, the imposition of the following fees to enable
4the Department to carry out the requirements of this Act:
5        (1) A registration fee of $475 $300 assessed on July 1
6    of each calendar year that is due from each operator
7    engaged in and controlling a permitted or unpermitted
8    surface mining operation. The registration fee shall be
9    accompanied by a registration form, provided by the
10    Department, which shall indicate the mailing address and
11    telephone number of the operator, the location of all
12    mining operations controlled by the operator, the minerals
13    being mined, and other information deemed necessary by the
14    Department. A $475 $300 registration fee is the maximum
15    registration fee due from a single operator each calendar
16    year regardless of the number of sites under the operator's
17    control.
18        (2) An additional fee of $175 $100 assessed on July 1
19    of each calendar year for each site that was actively being
20    surfaced mined during the preceding 12 months that is due
21    from the operator engaged in and controlling the permitted
22    or unpermitted surface mining operations.
23        (3) An additional fee of $375 $250 assessed on July 1
24    of each calendar year that is due from each operator
25    engaged in and controlling a permitted or unpermitted
26    surface mining operation where blasting operations

 

 

09700SB1566ham002- 29 -LRB097 05492 CEL 70137 a

1    occurred during the preceding 12 months.
2    (b) Fees shall be assessed by the Department commencing
3July 1, 1995 for every surface mine operator, active mining
4site, and active aggregate blasting operation of record as of
5that date and on July 1 of each year thereafter. The fees
6assessed under this Section are in addition to any other fees
7required by law.
8    (c) All fees assessed under this Section shall be submitted
9to the Department no later than 30 days from the date listed on
10the Department's annual fee assessment letter sent to the
11surface mine operator. If the operator is delinquent in the
12payment of the fees assessed under this Section, no further
13permits or certifications shall be issued to the operator until
14the delinquent fees have been paid. Moreover, if the operator
15is delinquent for more than 60 days in the payment of fees
16assessed under this Section, the Department shall take the
17action, in accordance with Section 13 of this Act, necessary to
18enjoin further surface mining and aggregate blasting
19operations until all delinquent fees are paid.
20(Source: P.A. 89-26, eff. 6-23-95.)
 
21    Section 90-43. The Surface Coal Mining Land Conservation
22and Reclamation Act is amended by changing Section 2.05 as
23follows:
 
24    (225 ILCS 720/2.05)  (from Ch. 96 1/2, par. 7902.05)

 

 

09700SB1566ham002- 30 -LRB097 05492 CEL 70137 a

1    Sec. 2.05. Application Fee. At the time of submission to
2the Department, a A permit application shall be accompanied by
3a fee based on the number of surface acres of land to be
4affected by the proposed operation. Such fees shall be
5established by the Department by rule. An application for
6renewal of a permit under Section 2.07 may be filed without
7payment of an additional fee. The Department shall assess, by
8rule, a permit fee for a permit revision to an existing permit.
9(Source: P.A. 81-1015.)
 
10    Section 90-45. The Illinois Oil and Gas Act is amended by
11changing Sections 14, 19.7, 21.1, 22.2, and 23.3 as follows:
 
12    (225 ILCS 725/14)  (from Ch. 96 1/2, par. 5420)
13    Sec. 14. Each application for permit to drill, deepen,
14convert, or amend shall be accompanied by the required fee, not
15to exceed $300 $100, which the Department shall establish by
16rule. A fee of $50 $15 per well shall be paid by the new owner
17for each transfer of well ownership, except when multiple wells
18are acquired and transferred as a part of the same transaction,
19the fee shall be calculated at the rate of $15 per well for the
20first 50 wells, and $10 for each additional well in excess of
2150. Except for the assessments required to be deposited in the
22Plugging and Restoration Fund under Section 19.7 of this Act,
23all fees assessed and collected under this Act shall be
24deposited in the Underground Resources Conservation

 

 

09700SB1566ham002- 31 -LRB097 05492 CEL 70137 a

1Enforcement Fund. The monies deposited into the Plugging and
2Restoration Fund or the Underground Resources Conservation
3Enforcement Fund under this Section shall not be subject to
4administrative charges or chargebacks unless otherwise
5authorized by this Act.
6(Source: P.A. 89-243, eff. 8-4-95.)
 
7    (225 ILCS 725/19.7)  (from Ch. 96 1/2, par. 5430.2)
8    Sec. 19.7. The Department shall assess and collect annual
9well fees from each permittee in the amount of $75 per well for
10the first 100 wells and a $50 fee for each well in excess of 100
11for which a permit is required under this Act. as follows:
12    (a) Permittees of permits for one well shall pay an annual
13fee of $150.
14    (b) Permittees of permits for 2 through 5 wells shall pay
15an annual fee of $300.
16    (c) Permittees of permits for 6 through 25 wells shall pay
17an annual fee of $750.
18    (d) Permittees of permits for 26 through 100 wells shall
19pay an annual fee of $1,500.
20    (e) Permittees of permits for over 100 wells shall pay an
21annual fee of $1,500 plus an additional $12.50 for each well in
22excess of 100.
23    Fees shall be assessed for each calendar year commencing in
241991 for all wells of record as of July 1, 1991 and July 1 of
25each year thereafter. The fees assessed by the Department under

 

 

09700SB1566ham002- 32 -LRB097 05492 CEL 70137 a

1this Section are in addition to any other fees required by law.
2All fees assessed under this Section shall be submitted to the
3Department no later than 30 days from the date listed on the
4annual fee assessment letter sent to the permittee. Of the fees
5assessed and collected by the Department each year under this
6Section, 50% shall be deposited into the Underground Resources
7Conservation Enforcement Fund, and 50% shall be deposited into
8the Plugging and Restoration Fund unless, total fees assessed
9and collected for any calendar year exceed $1,500,000; then,
10$750,000 shall be deposited into the Underground Resources
11Conservation Enforcement Fund and the balance of the fees
12assessed and collected shall be deposited into the Plugging and
13Restoration Fund. Upon request of the Department to the
14Comptroller and Treasurer, the Comptroller and Treasurer shall
15make any interfund transfers necessary to effect the
16allocations required by this Section.
17    The monies deposited into the Plugging and Restoration Fund
18or the Underground Resources Conservation Enforcement Fund
19under this Section shall not be subject to administrative
20charges or chargebacks unless otherwise authorized by this Act.
21(Source: P.A. 87-744.)
 
22    (225 ILCS 725/21.1)  (from Ch. 96 1/2, par. 5433)
23    Sec. 21.1. (a) The Department is authorized to issue
24permits for the drilling of wells and to regulate the spacing
25of wells for oil and gas purposes. For the prevention of waste,

 

 

09700SB1566ham002- 33 -LRB097 05492 CEL 70137 a

1to protect and enforce the correlative rights of owners in the
2pool, and to prevent the drilling of unnecessary wells, the
3Department shall, upon application of any interested person and
4after notice and hearing, establish a drilling unit or units
5for the production of oil and gas or either of them for each
6pool, provided that no spacing regulation shall be adopted nor
7drilling unit established which requires the allocation of more
8than 40 acres of surface area nor less than 10 acres of surface
9area to an individual well for production of oil from a pool
10the top of which lies less than 4,000 feet beneath the surface
11(as determined by the original or discovery well in the pool),
12provided, however, that the Department may permit the
13allocation of greater acreage to an individual well than that
14above specified, and provided further that the spacing of wells
15in any pool the top of which lies less than 4,000 feet beneath
16the surface (as determined by the original or discovery well in
17the pool) shall not include the fixing of a pattern except with
18respect to the 2 nearest external boundary lines of each
19drilling unit, and provided further that no acreage allocation
20shall be required for input or injection wells nor for
21producing wells lying within a secondary recovery unit as now
22or hereafter established.
23    (b) Drilling units shall be of approximately uniform size
24and shape for each entire pool, except that where circumstances
25reasonably require, the Department may grant exceptions to the
26size or shape of any drilling unit or units. Each order

 

 

09700SB1566ham002- 34 -LRB097 05492 CEL 70137 a

1establishing drilling units shall specify the size and shape of
2the unit, which shall be such as will result in the efficient
3and economical development of the pool as a whole, and subject
4to the provisions of subsection (a) hereof the size of no
5drilling unit shall be smaller than the maximum area that can
6be efficiently and economically drained by one well. Each order
7establishing drilling units for a pool shall cover all lands
8determined or believed to be underlaid by such pool, and may be
9modified by the Department from time to time to include
10additional lands determined to be underlaid by such pool. Each
11order establishing drilling units may be modified by the
12Department to change the size thereof, or to permit the
13drilling of additional wells.
14    (b-2) Any petition requesting a drilling unit exception
15shall be accompanied by a non-refundable application fee in the
16amount of $1,500 for a Modified Drilling unit or Special
17Drilling Unit or a non-refundable application fee in the amount
18of $2,500 for a Pool-Wide Drilling Unit.
19    (c) Each order establishing drilling units shall prohibit
20the drilling of more than one well on any drilling unit for the
21production of oil or gas from the particular pool with respect
22to which the drilling unit is established and subject to the
23provisions of subsection (a) hereof shall specify the location
24for the drilling of such well thereon, in accordance with a
25reasonably uniform spacing pattern, with necessary exceptions
26for wells drilled or drilling at the time of the application.

 

 

09700SB1566ham002- 35 -LRB097 05492 CEL 70137 a

1If the Department finds, after notice and hearing, that surface
2conditions would substantially add to the burden or hazard of
3drilling such well at the specified location, or for some other
4reason it would be inequitable or unreasonable to require a
5well to be drilled at the specified location, the Department
6may issue an order permitting the well to be drilled at a
7location other than that specified in the order establishing
8drilling units.
9    (d) After the date of the notice for a hearing called to
10establish drilling units, no additional well shall be commenced
11for production from the pool until the order establishing
12drilling units has been issued, unless the commencement of the
13well is authorized by order of the Department.
14    (e) After an order establishing a drilling unit or units
15has been issued by the Department, the commencement of drilling
16of any well or wells into the pool with regard to which such
17unit was established for the purpose of producing oil or gas
18therefrom, at a location other than that authorized by the
19order, or by order granting exception to the original spacing
20order, is hereby prohibited. The operation of any well drilled
21in violation of an order establishing drilling units is hereby
22prohibited.
23(Source: P.A. 85-1334.)
 
24    (225 ILCS 725/22.2)  (from Ch. 96 1/2, par. 5436)
25    Sec. 22.2. Integration of interests in drilling unit.

 

 

09700SB1566ham002- 36 -LRB097 05492 CEL 70137 a

1    (a) As used in this Section, "owner" means any person
2having an interest in the right to drill into and produce oil
3or gas from any pool, and to appropriate the production for
4such owner or others.
5    (b) Except as provided in subsection (b-5), when 2 or more
6separately owned tracts of land are embraced within an
7established drilling unit, or when there are separately owned
8interests in all or a part of such units, the owners of all oil
9and gas interests therein may validly agree to integrate their
10interests and to develop their lands as a drilling unit. Where,
11however, such owners have not agreed to integrate their
12interests and where no action has been commenced seeking
13permission to drill pursuant to the provisions of "An Act in
14relation to oil and gas interests in land", approved July 1,
151939, and where at least one of the owners has drilled or has
16proposed to drill a well on an established drilling unit the
17Department on the application of an owner shall, for the
18prevention of waste or to avoid the drilling of unnecessary
19wells, require such owners to do so and to develop their lands
20as a drilling unit. The Department, as a part of the order
21integrating interests, may prescribe the terms and conditions
22upon which the royalty interests in the unit or units shall, in
23the absence of voluntary agreement, be determined to be
24integrated without the necessity of a subsequent separate order
25integrating the royalty interests. Each such integration order
26shall be upon terms and conditions that are just and

 

 

09700SB1566ham002- 37 -LRB097 05492 CEL 70137 a

1reasonable.
2    (b-5) When 2 or more separately owned tracts of land are
3embraced within an established drilling unit, or when there are
4separately owned interests in all or a part of the unit, and
5one of the owners is the Department of Natural Resources,
6integration of the separate tracts shall be allowed only if,
7following a comprehensive environmental impact review
8performed by the Department, the Department determines that no
9substantial or irreversible detrimental harm will occur on
10Department lands as a result of any proposed activities
11relating to mineral extraction. The environmental impact
12review shall include but shall not be limited to an assessment
13of the potential destruction or depletion of flora and fauna,
14wildlife and its supporting habitat, surface and subsurface
15water supplies, aquatic life, and recreational activities
16located on the land proposed to be integrated. The Department
17shall adopt rules necessary to implement this subsection.
18    (b-6) All proceeds, bonuses, rentals, royalties, and other
19inducements and considerations received from the integration
20of Department of Natural Resources lands that have not been
21purchased by the Department of Natural Resources with moneys
22appropriated from the Wildlife and Fish Fund shall be deposited
23as follows: at least 50% of the amounts received shall be
24deposited into the State Parks Fund and not more than 50% shall
25be deposited into the Plugging and Restoration Fund.
26    (c) All orders requiring such integration shall be made

 

 

09700SB1566ham002- 38 -LRB097 05492 CEL 70137 a

1after notice and hearing and shall be upon terms and conditions
2that are just and reasonable and will afford to the owners of
3all oil and gas interests in each tract in the drilling unit
4the opportunity to recover or receive their just and equitable
5share of oil or gas from the drilling unit without unreasonable
6expense and will prevent or minimize reasonably avoidable
7drainage from each integrated drilling unit which is not
8equalized by counter drainage, but the Department may not limit
9the production from any well under this provision. The request
10shall be made by petition accompanied by a non-refundable
11application fee of $1,500. The fee shall be deposited into the
12Underground Resources Conservation Enforcement Fund. The
13monies deposited into the Underground Resources Conservation
14Enforcement Fund under this subsection shall not be subject to
15administrative charges or chargebacks unless otherwise
16authorized by this Act.
17    (d) All operations, including, but not limited to, the
18commencement, drilling, or operation of a well upon any portion
19of a drilling unit shall be deemed for all purposes the conduct
20of such operations upon each separately owned tract in the
21drilling unit by the several owners thereof. That portion of
22the production allocated to a separately owned tract included
23in a drilling unit shall, when produced, be deemed, for all
24purposes, to have been actually produced from such tract by a
25well drilled thereon.
26    (e) In making the determination of integrating separately

 

 

09700SB1566ham002- 39 -LRB097 05492 CEL 70137 a

1owned interests, and determining to whom the permit should be
2issued, the Department may consider:
3        (1) the reasons requiring the integration of separate
4    interests;
5        (2) the respective interests of the parties in the
6    drilling unit sought to be established, and the pool or
7    pools in the field where the proposed drilling unit is
8    located;
9        (3) any parties' prior or present compliance with the
10    Act and the Department's rules; and
11        (4) any other information relevant to protect the
12    correlative rights of the parties sought to be affected by
13    the integration order.
14    (f) Each such integration order shall authorize the
15drilling, testing, completing, equipping, and operation of a
16well on the drilling unit; provide who may drill and operate
17the well; prescribe the time and manner in which all the owners
18in the drilling unit may elect to participate therein; and make
19provision for the payment by all those who elect to participate
20therein of the reasonable actual cost thereof, plus a
21reasonable charge for supervision and interest. Should an owner
22not elect to voluntarily participate in the risk and costs of
23the drilling, testing, completing and operation of a well as
24determined by the Department, the integration order shall
25provide either that:
26        (1) the nonparticipating owner shall surrender a

 

 

09700SB1566ham002- 40 -LRB097 05492 CEL 70137 a

1    leasehold interest to the participating owners on a basis
2    and for such terms and consideration the Department finds
3    fair and reasonable; or
4        (2) the nonparticipating owner shall share in a
5    proportionate part of the production of oil and gas from
6    the drilling unit determined by the Department, and pay a
7    proportionate part of operation cost after the
8    participating owners have recovered from the production of
9    oil or gas from a well all actual costs in the drilling,
10    testing, completing and operation of the well plus a
11    penalty to be determined by the Department of not less than
12    100% nor more than 300% of such actual costs.
13    (g) For the purpose of this Section, the owner or owners of
14oil and gas rights in and under an unleased tract of land shall
15be regarded as a lessee to the extent of a 7/8 interest in and
16to said rights and a lessor to the extent of the remaining 1/8
17interest therein.
18    (h) In the event of any dispute relative to costs and
19expenses of drilling, testing, equipping, completing and
20operating a well, the Department shall determine the proper
21costs after due notice to interested parties and a hearing
22thereon. The operator of such unit, in addition to any other
23right provided by the integration order of the Department,
24shall have a lien on the mineral leasehold estate or rights
25owned by the other owners therein and upon their shares of the
26production from such unit to the extent that costs incurred in

 

 

09700SB1566ham002- 41 -LRB097 05492 CEL 70137 a

1the development and operation upon said unit are a charge
2against such interest by order of the Department or by
3operation of law. Such liens shall be separable as to each
4separate owner within such unit, and shall remain liens until
5the owner or owners drilling or operating the well have been
6paid the amount due under the terms of the integration order.
7The Department is specifically authorized to provide that the
8owner or owners drilling, or paying for the drilling, or for
9the operation of a well for the benefit of all shall be
10entitled to production from such well which would be received
11by the owner or owners for whose benefit the well was drilled
12or operated, after payment of royalty, until the owner or
13owners drilling or operating the well have been paid the amount
14due under the terms of the integration order settling such
15dispute.
16(Source: P.A. 90-490, eff. 8-17-97.)
 
17    (225 ILCS 725/23.3)  (from Ch. 96 1/2, par. 5440)
18    Sec. 23.3. The Department, upon the petition of any
19interested person, shall hold a public hearing to consider the
20need for operating a pool, pools, or any portion thereof, as a
21unit to enable, authorize and require operations which will
22increase the ultimate recovery of oil and gas, prevent the
23waste of oil and gas, and protect correlative rights of the
24owners of the oil and gas.
25    (1) Such petition shall contain the following:

 

 

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1        (a) A description of the land and pool, pools, or parts
2    thereof, within the proposed unit area.
3        (b) The names of all persons owning or having an
4    interest in the oil and gas rights in the proposed unit
5    area as of the date of filing the petition, as disclosed by
6    the records in the office of the recorder for the county or
7    counties in which the unit area is situated, and their
8    addresses, if known. If the address of any person is
9    unknown, the petition shall so indicate.
10        (c) A statement of the type of operations contemplated
11    for the unit area.
12        (d) A copy of a proposed plan of unitization signed by
13    persons owning not less than 51% of the working interest
14    underlying the surface within the area proposed to be
15    unitized, which the petitioner considers fair, reasonable
16    and equitable; said plan of unitization shall include (or
17    provide in a separate unit operating agreement, if there be
18    more than one working interest owner, a copy of which shall
19    accompany the petition) the following:
20            (i) A plan for allocating to each separately owned
21        tract in the unit area its share of the oil and gas
22        produced from the unit area and not required or
23        consumed in the conduct of the operation of the unit
24        area or unavoidably lost.
25            (ii) A provision indicating how unit expense shall
26        be determined and charged to the several owners,

 

 

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1        including a provision for carrying or otherwise
2        financing any working interest owner who has not
3        executed the proposed plan of unitization and who
4        elects to be carried or otherwise financed, and
5        allowing the unit operator, for the benefit of those
6        working interest owners who have paid the development
7        and operating costs, the recovery of not more than 150%
8        of such person's actual share of development costs of
9        the unit plus operating costs, with interest. Recovery
10        of the money advanced to owners wishing to be financed,
11        for development and operating costs of the unit,
12        together with such other sums provided for herein,
13        shall only be recoverable from such owner's share of
14        unit production from the unit area.
15            (iii) A procedure and basis upon which wells,
16        equipment, and other properties of the several working
17        interest owners within the unit area are to be taken
18        over and used for unit operations, including the method
19        of arriving at the compensation therefor.
20            (iv) A plan for maintaining effective supervision
21        and conduct of unit operations, in respect to which
22        each working interest owner shall have a vote with a
23        value corresponding to the percentage of unit expense
24        chargeable against the interest of such owner.
25        (e) A non-refundable application fee in the amount of
26    $2,500.

 

 

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1    (2) Concurrently with the filing of the petition with the
2Department, the petitioner may file or cause to be filed, in
3the office of the recorder for the county or counties in which
4the affected lands sought to be unitized are located, a notice
5setting forth:
6        (a) The type of proceedings before the Department and a
7    general statement of the purpose of such proceedings.
8        (b) A legal description of the lands, oil and gas lease
9    or leases, and other oil and gas property interests, which
10    may be affected by the proposed unitization.
11    (3) Upon the filing of such notice:
12        (a) All transfers of title to oil and gas rights shall
13    thereafter be subject to the final order of the Department
14    in such proceedings, and
15        (b) Such notice shall be constructive notification to
16    every person subsequently acquiring an interest in or a
17    lien on any of the property affected thereby, and every
18    person whose interest or lien is not shown of record at the
19    time of filing such notice shall, for the purpose of this
20    Act, be deemed a subsequent purchaser and shall be bound by
21    the proceedings before the Department to the same extent
22    and in the same manner as if he were a party thereto.
23(Source: P.A. 89-243, eff. 8-4-95.)
 
24    Section 90-50. The Fish and Aquatic Life Code is amended by
25changing Sections 20-45 and 20-55 as follows:
 

 

 

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1    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
2    (Text of Section before amendment by P.A. 97-498)
3    Sec. 20-45. License fees for residents. Fees for licenses
4for residents of the State of Illinois shall be as follows:
5        (a) Except as otherwise provided in this Section, for
6    sport fishing devices as defined in Section 10-95 or
7    spearing devices as defined in Section 10-110 the fee is
8    $14.50 for individuals 16 to 64 years old, and one-half of
9    the current fishing license fee for individuals age 65 or
10    older, commencing with the 1994 license year.
11        (b) All residents before using any commercial fishing
12    device shall obtain a commercial fishing license, the fee
13    for which shall be $60 and a resident fishing license, the
14    fee for which is $14.50 $35. Each and every commercial
15    device used shall be licensed by a resident commercial
16    fisherman as follows:
17            (1) For each 100 lineal yards, or fraction thereof,
18        of seine the fee is $18. For each minnow seine, minnow
19        trap, or net for commercial purposes the fee is $20.
20            (2) For each device to fish with a 100 hook trot
21        line device, basket trap, hoop net, or dip net the fee
22        is $3.
23            (3) When used in the waters of Lake Michigan, for
24        the first 2000 lineal feet, or fraction thereof, of
25        gill net the fee is $10; and for each 1000 additional

 

 

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1        lineal feet, or fraction thereof, the fee is $10. These
2        fees shall apply to all gill nets in use in the water
3        or on drying reels on the shore.
4            (4) For each 100 lineal yards, or fraction thereof,
5        of gill net or trammel net the fee is $18.
6        (c) Residents of the State of Illinois may obtain a
7    sportsmen's combination license that shall entitle the
8    holder to the same non-commercial fishing privileges as
9    residents holding a license as described in subsection (a)
10    of this Section and to the same hunting privileges as
11    residents holding a license to hunt all species as
12    described in Section 3.1 of the Wildlife Code. No
13    sportsmen's combination license shall be issued to any
14    individual who would be ineligible for either the fishing
15    or hunting license separately. The sportsmen's combination
16    license fee shall be $25.50. For residents age 65 or older,
17    the fee is one-half of the fee charged for a sportsmen's
18    combination license.
19        (d) For 24 hours of fishing by sport fishing devices as
20    defined in Section 10-95 or by spearing devices as defined
21    in Section 10-110 the fee is $5. This license exempts the
22    licensee from the requirement for a salmon or inland trout
23    stamp. The licenses provided for by this subsection are not
24    required for residents of the State of Illinois who have
25    obtained the license provided for in subsection (a) of this
26    Section.

 

 

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1        (e) All residents before using any commercial mussel
2    device shall obtain a commercial mussel license, the fee
3    for which shall be $50.
4        (f) Residents of this State, upon establishing
5    residency as required by the Department, may obtain a
6    lifetime hunting or fishing license or lifetime
7    sportsmen's combination license which shall entitle the
8    holder to the same non-commercial fishing privileges as
9    residents holding a license as described in paragraph (a)
10    of this Section and to the same hunting privileges as
11    residents holding a license to hunt all species as
12    described in Section 3.1 of the Wildlife Code. No lifetime
13    sportsmen's combination license shall be issued to or
14    retained by any individual who would be ineligible for
15    either the fishing or hunting license separately, either
16    upon issuance, or in any year a violation would subject an
17    individual to have either or both fishing or hunting
18    privileges rescinded. The lifetime hunting and fishing
19    license fees shall be as follows:
20            (1) Lifetime fishing: 30 x the current fishing
21        license fee.
22            (2) Lifetime hunting: 30 x the current hunting
23        license fee.
24            (3) Lifetime sportsmen's combination license: 30 x
25        the current sportsmen's combination license fee.
26    Lifetime licenses shall not be refundable. A $10 fee shall

 

 

09700SB1566ham002- 48 -LRB097 05492 CEL 70137 a

1be charged for reissuing any lifetime license. The Department
2may establish rules and regulations for the issuance and use of
3lifetime licenses and may suspend or revoke any lifetime
4license issued under this Section for violations of those rules
5or regulations or other provisions under this Code or the
6Wildlife Code. Individuals under 16 years of age who possess a
7lifetime hunting or sportsmen's combination license shall have
8in their possession, while in the field, a certificate of
9competency as required under Section 3.2 of the Wildlife Code.
10Any lifetime license issued under this Section shall not exempt
11individuals from obtaining additional stamps or permits
12required under the provisions of this Code or the Wildlife
13Code. Individuals required to purchase additional stamps shall
14sign the stamps and have them in their possession while fishing
15or hunting with a lifetime license. All fees received from the
16issuance of lifetime licenses shall be deposited in the Fish
17and Wildlife Endowment Fund.
18    Except for licenses issued under subsection (e) of this
19Section, all licenses provided for in this Section shall expire
20on March 31 of each year, except that the license provided for
21in subsection (d) of this Section shall expire 24 hours after
22the effective date and time listed on the face of the license.
23    All individuals required to have and failing to have the
24license provided for in subsection (a) or (d) of this Section
25shall be fined according to the provisions of Section 20-35 of
26this Code.

 

 

09700SB1566ham002- 49 -LRB097 05492 CEL 70137 a

1    All individuals required to have and failing to have the
2licenses provided for in subsections (b) and (e) of this
3Section shall be guilty of a Class B misdemeanor.
4(Source: P.A. 96-831, eff. 1-1-10.)
 
5    (Text of Section after amendment by P.A. 97-498)
6    Sec. 20-45. License fees for residents. Fees for licenses
7for residents of the State of Illinois shall be as follows:
8        (a) Except as otherwise provided in this Section, for
9    sport fishing devices as defined in Section 10-95 or
10    spearing devices as defined in Section 10-110, the fee is
11    $14.50 for individuals 16 to 64 years old, one-half of the
12    current fishing license fee for individuals age 65 or
13    older, and, commencing with the 2012 license year, one-half
14    of the current fishing license fee for resident veterans of
15    the United States Armed Forces after returning from service
16    abroad or mobilization by the President of the United
17    States. Veterans must provide, to the Department at one of
18    the Department's 5 regional offices, verification of their
19    service. The Department shall establish what constitutes
20    suitable verification of service for the purpose of issuing
21    fishing licenses to resident veterans at a reduced fee.
22        (b) All residents before using any commercial fishing
23    device shall obtain a commercial fishing license, the fee
24    for which shall be $60 and a resident fishing license, the
25    fee for which is $14.50 $35. Each and every commercial

 

 

09700SB1566ham002- 50 -LRB097 05492 CEL 70137 a

1    device used shall be licensed by a resident commercial
2    fisherman as follows:
3            (1) For each 100 lineal yards, or fraction thereof,
4        of seine the fee is $18. For each minnow seine, minnow
5        trap, or net for commercial purposes the fee is $20.
6            (2) For each device to fish with a 100 hook trot
7        line device, basket trap, hoop net, or dip net the fee
8        is $3.
9            (3) When used in the waters of Lake Michigan, for
10        the first 2000 lineal feet, or fraction thereof, of
11        gill net the fee is $10; and for each 1000 additional
12        lineal feet, or fraction thereof, the fee is $10. These
13        fees shall apply to all gill nets in use in the water
14        or on drying reels on the shore.
15            (4) For each 100 lineal yards, or fraction thereof,
16        of gill net or trammel net the fee is $18.
17        (c) Residents of the State of Illinois may obtain a
18    sportsmen's combination license that shall entitle the
19    holder to the same non-commercial fishing privileges as
20    residents holding a license as described in subsection (a)
21    of this Section and to the same hunting privileges as
22    residents holding a license to hunt all species as
23    described in Section 3.1 of the Wildlife Code. No
24    sportsmen's combination license shall be issued to any
25    individual who would be ineligible for either the fishing
26    or hunting license separately. The sportsmen's combination

 

 

09700SB1566ham002- 51 -LRB097 05492 CEL 70137 a

1    license fee shall be $25.50. For residents age 65 or older,
2    the fee is one-half of the fee charged for a sportsmen's
3    combination license. For resident veterans of the United
4    States Armed Forces after returning from service abroad or
5    mobilization by the President of the United States, the
6    fee, commencing with the 2012 license year, is one-half of
7    the fee charged for a sportsmen's combination license.
8    Veterans must provide to the Department, at one of the
9    Department's 5 regional offices, verification of their
10    service. The Department shall establish what constitutes
11    suitable verification of service for the purpose of issuing
12    sportsmen's combination licenses to resident veterans at a
13    reduced fee.
14        (d) For 24 hours of fishing by sport fishing devices as
15    defined in Section 10-95 or by spearing devices as defined
16    in Section 10-110 the fee is $5. This license does not
17    exempt exempts the licensee from the requirement for a
18    salmon or inland trout stamp. The licenses provided for by
19    this subsection are not required for residents of the State
20    of Illinois who have obtained the license provided for in
21    subsection (a) of this Section.
22        (e) All residents before using any commercial mussel
23    device shall obtain a commercial mussel license, the fee
24    for which shall be $50.
25        (f) Residents of this State, upon establishing
26    residency as required by the Department, may obtain a

 

 

09700SB1566ham002- 52 -LRB097 05492 CEL 70137 a

1    lifetime hunting or fishing license or lifetime
2    sportsmen's combination license which shall entitle the
3    holder to the same non-commercial fishing privileges as
4    residents holding a license as described in paragraph (a)
5    of this Section and to the same hunting privileges as
6    residents holding a license to hunt all species as
7    described in Section 3.1 of the Wildlife Code. No lifetime
8    sportsmen's combination license shall be issued to or
9    retained by any individual who would be ineligible for
10    either the fishing or hunting license separately, either
11    upon issuance, or in any year a violation would subject an
12    individual to have either or both fishing or hunting
13    privileges rescinded. The lifetime hunting and fishing
14    license fees shall be as follows:
15            (1) Lifetime fishing: 30 x the current fishing
16        license fee.
17            (2) Lifetime hunting: 30 x the current hunting
18        license fee.
19            (3) Lifetime sportsmen's combination license: 30 x
20        the current sportsmen's combination license fee.
21    Lifetime licenses shall not be refundable. A $10 fee shall
22be charged for reissuing any lifetime license. The Department
23may establish rules and regulations for the issuance and use of
24lifetime licenses and may suspend or revoke any lifetime
25license issued under this Section for violations of those rules
26or regulations or other provisions under this Code or the

 

 

09700SB1566ham002- 53 -LRB097 05492 CEL 70137 a

1Wildlife Code. Individuals under 16 years of age who possess a
2lifetime hunting or sportsmen's combination license shall have
3in their possession, while in the field, a certificate of
4competency as required under Section 3.2 of the Wildlife Code.
5Any lifetime license issued under this Section shall not exempt
6individuals from obtaining additional stamps or permits
7required under the provisions of this Code or the Wildlife
8Code. Individuals required to purchase additional stamps shall
9sign the stamps and have them in their possession while fishing
10or hunting with a lifetime license. All fees received from the
11issuance of lifetime licenses shall be deposited in the Fish
12and Wildlife Endowment Fund.
13    Except for licenses issued under subsection (e) of this
14Section, all licenses provided for in this Section shall expire
15on March 31 of each year, except that the license provided for
16in subsection (d) of this Section shall expire 24 hours after
17the effective date and time listed on the face of the license.
18    All individuals required to have and failing to have the
19license provided for in subsection (a) or (d) of this Section
20shall be fined according to the provisions of Section 20-35 of
21this Code.
22    All individuals required to have and failing to have the
23licenses provided for in subsections (b) and (e) of this
24Section shall be guilty of a Class B misdemeanor.
25(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
 

 

 

09700SB1566ham002- 54 -LRB097 05492 CEL 70137 a

1    (515 ILCS 5/20-55)  (from Ch. 56, par. 20-55)
2    Sec. 20-55. License fees for non-residents. Fees for
3licenses for non-residents of the State of Illinois are as
4follows:
5    (a) For sport fishing devices as defined by Section 10-95,
6or spearing devices as defined in Section 10-110, non-residents
7age 16 or older shall be charged $31 for a fishing license to
8fish. For sport fishing devices as defined by Section 10-95, or
9spearing devices as defined in Section 10-110, for a period not
10to exceed 3 10 consecutive days fishing in the State of
11Illinois the fee is $15.00 $19.50.
12    For sport fishing devices as defined in Section 10-95, or
13spearing devices as defined in Section 10-110, for 24 hours of
14fishing the fee is $10 $5. This license does not exempt exempts
15the licensee from the salmon or inland trout stamp requirement.
16    (b) All non-residents before using any commercial fishing
17device shall obtain a non-resident commercial fishing license,
18the fee for which shall be $300 and a non-resident fishing
19licensing $150. Each and every commercial device shall be
20licensed by a non-resident commercial fisherman as follows:
21        (1) For each 100 lineal yards, or fraction thereof, of
22    seine (excluding minnow seines) the fee is $36.
23        (2) For each device to fish with a 100 hook trot line
24    device, basket trap, hoop net, or dip net the fee is $6.
25        (3) For each 100 lineal yards, or fraction thereof, of
26    trammel net the fee is $36.

 

 

09700SB1566ham002- 55 -LRB097 05492 CEL 70137 a

1        (4) For each 100 lineal yards, or fraction thereof, of
2    gill net the fee is $36.
3    All persons required to have and failing to have the
4license provided for in subsection (a) of this Section shall be
5fined under Section 20-35 of this Code. Each person required to
6have and failing to have the licenses required under subsection
7(b) of this Section shall be guilty of a Class B misdemeanor.
8    All licenses provided for in this Section shall expire on
9March 31 of each year; except that the 24-hour license for
10sport fishing devices or spearing devices shall expire 24 hours
11after the effective date and time listed on the face of the
12license and licenses for sport fishing devices or spearing
13devices for a period not to exceed 3 10 consecutive days
14fishing in the State of Illinois as provided in subsection (a)
15of this Section shall expire at midnight on the tenth day after
16issued, not counting the day issued.
17(Source: P.A. 96-831, eff. 1-1-10.)
 
18    Section 90-55. The Wildlife Code is amended by changing
19Sections 2.4 and 3.22 as follows:
 
20    (520 ILCS 5/2.4)  (from Ch. 61, par. 2.4)
21    Sec. 2.4. The term birds of prey shall include all species
22of owls, falcons, hawks, kites, harriers, ospreys and eagles.
23It shall be unlawful for any person, organization or
24institution to take or possess a bird of prey (raptor) without

 

 

09700SB1566ham002- 56 -LRB097 05492 CEL 70137 a

1first obtaining a license or appropriate permit from the
2Department. All applicants must be at least 14 years of age.
3Regulations for the capture, use, possession and
4transportation of birds of prey for falconry or captive
5propagation purposes are provided by administrative rule. The
6fee for a falconry license is $200 $75 for 5 3 years and must be
7renewed every 5 3 years. The fee for a captive propagation
8permit is $200 $75 for 5 3 years and must be renewed every 5 3
9years. The fee for a raptor capture permit for a resident of
10the State of Illinois is $50 $30 per year. The fee for a
11non-resident raptor capture permit is $100 $50 per year. A
12Scientific Collectors Permit, available at no charge to
13qualified individuals as provided in Section 3.22 of this Act,
14may be obtained from the Department for scientific, educational
15or zoological purposes. No person may have in their possession
16Bald Eagle, Haliaeetus leucocephalus; Osprey, Pandion
17haliaeetus; or Barn Owl, Tyto alba. All captive-held birds of
18prey must be permanently marked as provided by administrative
19rule. The use of birds of prey for the hunting of game birds,
20migratory birds, game mammals, and furbearing mammals shall be
21lawful during falconry seasons, which shall be set by
22administrative rule.
23(Source: P.A. 86-1046; 87-298.)
 
24    (520 ILCS 5/3.22)  (from Ch. 61, par. 3.22)
25    Sec. 3.22. Issuance of scientific and special purpose

 

 

09700SB1566ham002- 57 -LRB097 05492 CEL 70137 a

1permits. Scientific permits may be granted by the Department to
2any properly accredited person at least 18 years of age,
3permitting the capture, marking, handling, banding, or
4collecting (including fur, hide, skin, teeth, feathers, claws,
5nests, eggs, or young), for strictly scientific purposes, of
6any of the fauna now protected under this Code. A special
7purpose permit may be granted to qualified individuals for the
8purpose of salvaging dead, sick, orphaned, or crippled wildlife
9species protected by this Act for permanent donation to bona
10fide public or state scientific, educational or zoological
11institutions or, for the purpose of rehabilitation and
12subsequent release to the wild, or other disposal as directed
13by the Department. Private educational organizations may be
14granted a special purpose permit to possess wildlife or parts
15thereof for educational purposes. A special purpose permit is
16required prior to treatment, administration, or both of any
17wild fauna protected by this Code that is captured, handled, or
18both in the wild or will be released to the wild with any type
19of chemical or other compound (including but not limited to
20vaccines, inhalants, medicinal agents requiring oral or dermal
21application) regardless of means of delivery, except that
22individuals and organizations removing or destroying wild
23birds and wild mammals under Section 2.37 of this Code or
24releasing game birds under Section 3.23 of this Code are not
25required to obtain those special purpose permits. Treatment
26under this special purpose permit means to effect a cure or

 

 

09700SB1566ham002- 58 -LRB097 05492 CEL 70137 a

1physiological change within the animal. The criteria,
2definitions, application process, fees, and standards for a
3scientific or special purpose permit shall be provided by
4administrative rule. The annual fee for a scientific or special
5purpose permit shall not exceed $100. The Department shall set
6forth applicable regulations in an administrative rule
7covering qualifications and facilities needed to obtain both a
8scientific and a special purpose permit. The application for
9these permits shall be approved by the Department to determine
10if a permit should be issued. Disposition of fauna taken under
11the authority of this Section shall be specified by the
12Department.
13    The holder of each such scientific or special purpose
14permit shall make to the Department a report in writing upon
15blanks furnished by the Department. Such reports shall be made
16(i) annually if the permit is granted for a period of more than
17one year or (ii) within 30 days after the expiration of the
18permit if the permit is granted for a period of one year or
19less. Such reports shall include information which the
20Department may consider necessary.
21(Source: P.A. 96-979, eff. 7-2-10.)
 
22    Section 90-57. The Illinois Natural Areas Preservation Act
23is amended by changing Section 6.01 as follows:
 
24    (525 ILCS 30/6.01)  (from Ch. 105, par. 706.01)

 

 

09700SB1566ham002- 59 -LRB097 05492 CEL 70137 a

1    Sec. 6.01. To compile and maintain inventories, registers
2and records of nature preserves, other natural areas and
3features, and species of plants and animals and their habitats
4and establish a fee, by rule, to be collected to recover the
5actual cost of collecting, storing, managing, compiling, and
6providing access to such inventories, registers, and records.
7All fees collected under this Section shall be deposited into
8the Natural Areas Acquisition Fund. The monies deposited into
9the Natural Areas Acquisition Fund under this Section shall not
10be subject to administrative charges or chargebacks unless
11otherwise authorized by this Act.
12(Source: P.A. 82-445.)
 
13    Section 90-60. The Rivers, Lakes, and Streams Act is
14amended by adding Section 35 as follows:
 
15    (615 ILCS 5/35 new)
16    Sec. 35. Permit fees. The Department of Natural Resources
17shall collect a fee of up to $5,000 per application for permits
18issued under this Act. The Department of Natural Resources
19shall set the specific fee applicable to different permits
20issued under this Act by administrative rule, provided that no
21fee exceeds $5,000. All fees collected pursuant to this Section
22shall be deposited in the State Boating Act Fund for use by the
23Department of Natural Resources for the ordinary and contingent
24expenses of the Department of the Natural Resources. No permit

 

 

09700SB1566ham002- 60 -LRB097 05492 CEL 70137 a

1application shall be processed until the application fee is
2paid to the Department of Natural Resources. The monies
3deposited into the State Boating Act Fund under this Section
4shall not be subject to administrative charges or chargebacks
5unless otherwise authorized by this Act.
 
6    Section 90-80. The Illinois Vehicle Code is amended by
7changing Sections 2-119, 3-806, and 3-815 as follows:
 
8    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
9    Sec. 2-119. Disposition of fees and taxes.
10    (a) All moneys received from Salvage Certificates shall be
11deposited in the Common School Fund in the State Treasury.
12    (b) Beginning January 1, 1990 and concluding December 31,
131994, of the money collected for each certificate of title,
14duplicate certificate of title and corrected certificate of
15title, $0.50 shall be deposited into the Used Tire Management
16Fund. Beginning January 1, 1990 and concluding December 31,
171994, of the money collected for each certificate of title,
18duplicate certificate of title and corrected certificate of
19title, $1.50 shall be deposited in the Park and Conservation
20Fund.
21    Beginning January 1, 1995, of the money collected for each
22certificate of title, duplicate certificate of title and
23corrected certificate of title, $3.25 $2 shall be deposited in
24the Park and Conservation Fund. The moneys deposited in the

 

 

09700SB1566ham002- 61 -LRB097 05492 CEL 70137 a

1Park and Conservation Fund pursuant to this Section shall be
2used for the acquisition and development of bike paths as
3provided for in Section 805-420 of the Department of Natural
4Resources (Conservation) Law (20 ILCS 805/805-420). The monies
5deposited into the Park and Conservation Fund under this
6subsection shall not be subject to administrative charges or
7chargebacks unless otherwise authorized by this Act.
8    Beginning January 1, 2000, of the moneys collected for each
9certificate of title, duplicate certificate of title, and
10corrected certificate of title, $48 shall be deposited into the
11Road Fund and $4 shall be deposited into the Motor Vehicle
12License Plate Fund, except that if the balance in the Motor
13Vehicle License Plate Fund exceeds $40,000,000 on the last day
14of a calendar month, then during the next calendar month the $4
15shall instead be deposited into the Road Fund.
16    Beginning January 1, 2005, of the moneys collected for each
17delinquent vehicle registration renewal fee, $20 shall be
18deposited into the General Revenue Fund.
19    Except as otherwise provided in this Code, all remaining
20moneys collected for certificates of title, and all moneys
21collected for filing of security interests, shall be placed in
22the General Revenue Fund in the State Treasury.
23    (c) All moneys collected for that portion of a driver's
24license fee designated for driver education under Section 6-118
25shall be placed in the Driver Education Fund in the State
26Treasury.

 

 

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1    (d) Beginning January 1, 1999, of the monies collected as a
2registration fee for each motorcycle, motor driven cycle and
3moped, 27% of each annual registration fee for such vehicle and
427% of each semiannual registration fee for such vehicle is
5deposited in the Cycle Rider Safety Training Fund.
6    (e) Of the monies received by the Secretary of State as
7registration fees or taxes or as payment of any other fee, as
8provided in this Act, except fees received by the Secretary
9under paragraph (7) of subsection (b) of Section 5-101 and
10Section 5-109 of this Code, 37% shall be deposited into the
11State Construction Fund.
12    (f) Of the total money collected for a CDL instruction
13permit or original or renewal issuance of a commercial driver's
14license (CDL) pursuant to the Uniform Commercial Driver's
15License Act (UCDLA): (i) $6 of the total fee for an original or
16renewal CDL, and $6 of the total CDL instruction permit fee
17when such permit is issued to any person holding a valid
18Illinois driver's license, shall be paid into the
19CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
20Information System/American Association of Motor Vehicle
21Administrators network Trust Fund) and shall be used for the
22purposes provided in Section 6z-23 of the State Finance Act and
23(ii) $20 of the total fee for an original or renewal CDL or
24commercial driver instruction permit shall be paid into the
25Motor Carrier Safety Inspection Fund, which is hereby created
26as a special fund in the State Treasury, to be used by the

 

 

09700SB1566ham002- 63 -LRB097 05492 CEL 70137 a

1Department of State Police, subject to appropriation, to hire
2additional officers to conduct motor carrier safety
3inspections pursuant to Chapter 18b of this Code.
4    (g) All remaining moneys received by the Secretary of State
5as registration fees or taxes or as payment of any other fee,
6as provided in this Act, except fees received by the Secretary
7under paragraph (7)(A) of subsection (b) of Section 5-101 and
8Section 5-109 of this Code, shall be deposited in the Road Fund
9in the State Treasury. Moneys in the Road Fund shall be used
10for the purposes provided in Section 8.3 of the State Finance
11Act.
12    (h) (Blank).
13    (i) (Blank).
14    (j) (Blank).
15    (k) There is created in the State Treasury a special fund
16to be known as the Secretary of State Special License Plate
17Fund. Money deposited into the Fund shall, subject to
18appropriation, be used by the Office of the Secretary of State
19(i) to help defray plate manufacturing and plate processing
20costs for the issuance and, when applicable, renewal of any new
21or existing registration plates authorized under this Code and
22(ii) for grants made by the Secretary of State to benefit
23Illinois Veterans Home libraries.
24    On or before October 1, 1995, the Secretary of State shall
25direct the State Comptroller and State Treasurer to transfer
26any unexpended balance in the Special Environmental License

 

 

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1Plate Fund, the Special Korean War Veteran License Plate Fund,
2and the Retired Congressional License Plate Fund to the
3Secretary of State Special License Plate Fund.
4    (l) The Motor Vehicle Review Board Fund is created as a
5special fund in the State Treasury. Moneys deposited into the
6Fund under paragraph (7) of subsection (b) of Section 5-101 and
7Section 5-109 shall, subject to appropriation, be used by the
8Office of the Secretary of State to administer the Motor
9Vehicle Review Board, including without limitation payment of
10compensation and all necessary expenses incurred in
11administering the Motor Vehicle Review Board under the Motor
12Vehicle Franchise Act.
13    (m)  Effective July 1, 1996, there is created in the State
14Treasury a special fund to be known as the Family
15Responsibility Fund. Moneys deposited into the Fund shall,
16subject to appropriation, be used by the Office of the
17Secretary of State for the purpose of enforcing the Family
18Financial Responsibility Law.
19    (n) The Illinois Fire Fighters' Memorial Fund is created as
20a special fund in the State Treasury. Moneys deposited into the
21Fund shall, subject to appropriation, be used by the Office of
22the State Fire Marshal for construction of the Illinois Fire
23Fighters' Memorial to be located at the State Capitol grounds
24in Springfield, Illinois. Upon the completion of the Memorial,
25moneys in the Fund shall be used in accordance with Section
263-634.

 

 

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1    (o) Of the money collected for each certificate of title
2for all-terrain vehicles and off-highway motorcycles, $17
3shall be deposited into the Off-Highway Vehicle Trails Fund.
4    (p) For audits conducted on or after July 1, 2003 pursuant
5to Section 2-124(d) of this Code, 50% of the money collected as
6audit fees shall be deposited into the General Revenue Fund.
7(Source: P.A. 96-554, eff. 1-1-10.)
 
8    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
9    Sec. 3-806. Registration Fees; Motor Vehicles of the First
10Division. Every owner of any other motor vehicle of the first
11division, except as provided in Sections 3-804, 3-804.01,
123-805, 3-806.3, 3-806.7, and 3-808, and every second division
13vehicle weighing 8,000 pounds or less, shall pay the Secretary
14of State an annual registration fee at the following rates:
 
15SCHEDULE OF REGISTRATION FEES
16REQUIRED BY LAW
17Beginning with the 2010 registration year
18Annual
19Fee
20Motor vehicles of the first
21division other than
22Motorcycles, Motor Driven
23Cycles and Pedalcycles$98
24Motorcycles, Motor Driven

 

 

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1Cycles and Pedalcycles 38
2    Beginning with the 2010 registration year a $1 surcharge
3shall be collected in addition to the above fees for motor
4vehicles of the first division, motorcycles, motor driven
5cycles, and pedalcycles to be deposited into the State Police
6Vehicle Fund.
7    All of the proceeds of the additional fees imposed by
8Public Act 96-34 shall be deposited into the Capital Projects
9Fund.
10    Beginning with the 2014 registration year, a $2 surcharge
11shall be collected in addition to the above fees for motor
12vehicles of the first division, motorcycles, motor driven
13cycles, and pedalcycles to be deposited into the Park and
14Conservation Fund for the Department of Natural Resources to
15use for conservation efforts. The monies deposited into the
16Park and Conservation Fund under this Section shall not be
17subject to administrative charges or chargebacks unless
18otherwise authorized by this Act.
19(Source: P.A. 96-34, eff. 7-13-09; 96-747, eff. 1-1-10;
2096-1000, eff. 7-2-10; 97-412, eff. 1-1-12.)
 
21    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
22    Sec. 3-815. Flat weight tax; vehicles of the second
23division.
24    (a) Except as provided in Section 3-806.3, every owner of a
25vehicle of the second division registered under Section 3-813,

 

 

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1and not registered under the mileage weight tax under Section
23-818, shall pay to the Secretary of State, for each
3registration year, for the use of the public highways, a flat
4weight tax at the rates set forth in the following table, the
5rates including the $10 registration fee:
6
SCHEDULE OF FLAT WEIGHT TAX
7
REQUIRED BY LAW
8Gross Weight in Lbs.Total Fees
9Including Vehicle each Fiscal
10and Maximum year
11LoadClass
128,000 lbs. and lessB$98
138,001 lbs. to 12,000 lbs.D138
1412,001 lbs. to 16,000 lbs.F242
1516,001 lbs. to 26,000 lbs.H490
1626,001 lbs. to 28,000 lbs.J630
1728,001 lbs. to 32,000 lbs.K842
1832,001 lbs. to 36,000 lbs.L982
1936,001 lbs. to 40,000 lbs.N1,202
2040,001 lbs. to 45,000 lbs.P1,390
2145,001 lbs. to 50,000 lbs.Q1,538
2250,001 lbs. to 54,999 lbs.R1,698
2355,000 lbs. to 59,500 lbs.S1,830
2459,501 lbs. to 64,000 lbs.T1,970
2564,001 lbs. to 73,280 lbs.V2,294
2673,281 lbs. to 77,000 lbs.X2,622

 

 

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177,001 lbs. to 80,000 lbs.Z2,790
2    Beginning with the 2010 registration year a $1 surcharge
3shall be collected for vehicles registered in the 8,000 lbs.
4and less flat weight plate category above to be deposited into
5the State Police Vehicle Fund.
6    Beginning with the 2014 registration year, a $2 surcharge
7shall be collected in addition to the above fees for vehicles
8registered in the 8,000 lb. and less flat weight plate category
9as described in this subsection (a) to be deposited into the
10Park and Conservation Fund for the Department of Natural
11Resources to use for conservation efforts. The monies deposited
12into the Park and Conservation Fund under this Section shall
13not be subject to administrative charges or chargebacks unless
14otherwise authorized by this Act.
15    All of the proceeds of the additional fees imposed by this
16amendatory Act of the 96th General Assembly shall be deposited
17into the Capital Projects Fund.
18    (a-1) A Special Hauling Vehicle is a vehicle or combination
19of vehicles of the second division registered under Section
203-813 transporting asphalt or concrete in the plastic state or
21a vehicle or combination of vehicles that are subject to the
22gross weight limitations in subsection (a) of Section 15-111
23for which the owner of the vehicle or combination of vehicles
24has elected to pay, in addition to the registration fee in
25subsection (a), $125 to the Secretary of State for each
26registration year. The Secretary shall designate this class of

 

 

09700SB1566ham002- 69 -LRB097 05492 CEL 70137 a

1vehicle as a Special Hauling Vehicle.
2    (b) Except as provided in Section 3-806.3, every camping
3trailer, motor home, mini motor home, travel trailer, truck
4camper or van camper used primarily for recreational purposes,
5and not used commercially, nor for hire, nor owned by a
6commercial business, may be registered for each registration
7year upon the filing of a proper application and the payment of
8a registration fee and highway use tax, according to the
9following table of fees:
10
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
11Gross Weight in Lbs.Total Fees
12Including Vehicle andEach
13Maximum LoadCalendar Year
148,000 lbs and less$78
158,001 Lbs. to 10,000 Lbs90
1610,001 Lbs. and Over102
17
CAMPING TRAILER OR TRAVEL TRAILER
18Gross Weight in Lbs.Total Fees
19Including Vehicle andEach
20Maximum LoadCalendar Year
213,000 Lbs. and Less$18
223,001 Lbs. to 8,000 Lbs.30
238,001 Lbs. to 10,000 Lbs.38
2410,001 Lbs. and Over50
25    Every house trailer must be registered under Section 3-819.
26    (c) Farm Truck. Any truck used exclusively for the owner's

 

 

09700SB1566ham002- 70 -LRB097 05492 CEL 70137 a

1own agricultural, horticultural or livestock raising
2operations and not-for-hire only, or any truck used only in the
3transportation for-hire of seasonal, fresh, perishable fruit
4or vegetables from farm to the point of first processing, may
5be registered by the owner under this paragraph in lieu of
6registration under paragraph (a), upon filing of a proper
7application and the payment of the $10 registration fee and the
8highway use tax herein specified as follows:
9
SCHEDULE OF FEES AND TAXES
10Gross Weight in Lbs.Total Amount for
11Including Truck andeach
12Maximum LoadClassFiscal Year
1316,000 lbs. or lessVF$150
1416,001 to 20,000 lbs.VG226
1520,001 to 24,000 lbs.VH290
1624,001 to 28,000 lbs.VJ378
1728,001 to 32,000 lbs.VK506
1832,001 to 36,000 lbs.VL610
1936,001 to 45,000 lbs.VP810
2045,001 to 54,999 lbs.VR1,026
2155,000 to 64,000 lbs.VT1,202
2264,001 to 73,280 lbs.VV1,290
2373,281 to 77,000 lbs.VX1,350
2477,001 to 80,000 lbs.VZ1,490
25    In the event the Secretary of State revokes a farm truck
26registration as authorized by law, the owner shall pay the flat

 

 

09700SB1566ham002- 71 -LRB097 05492 CEL 70137 a

1weight tax due hereunder before operating such truck.
2    Any combination of vehicles having 5 axles, with a distance
3of 42 feet or less between extreme axles, that are subject to
4the weight limitations in subsection (a) of Section 15-111 for
5which the owner of the combination of vehicles has elected to
6pay, in addition to the registration fee in subsection (c),
7$125 to the Secretary of State for each registration year shall
8be designated by the Secretary as a Special Hauling Vehicle.
9    (d) The number of axles necessary to carry the maximum load
10provided shall be determined from Chapter 15 of this Code.
11    (e) An owner may only apply for and receive 5 farm truck
12registrations, and only 2 of those 5 vehicles shall exceed
1359,500 gross weight in pounds per vehicle.
14    (f) Every person convicted of violating this Section by
15failure to pay the appropriate flat weight tax to the Secretary
16of State as set forth in the above tables shall be punished as
17provided for in Section 3-401.
18(Source: P.A. 96-34, eff. 7-13-09; 97-201, eff. 1-1-12.)
 
19    Section 90-85. The Snowmobile Registration and Safety Act
20is amended by changing Sections 1-2.02, 3-2, and 3-6 as
21follows:
 
22    (625 ILCS 40/1-2.02)  (from Ch. 95 1/2, par. 601-2.02)
23    Sec. 1-2.02.
24    "Dealer" means any person who engages in the business of

 

 

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1manufacturing, selling, or dealing in, on consignment or
2otherwise, any number of new snowmobiles, or 5 or more used
3snowmobiles of any make during the year, including any
4watercraft or off-highway vehicle dealer or a person licensed
5as a new or used vehicle dealer who also sells or deals in, on
6consignment or otherwise, any number of snowmobiles as defined
7by this Act a person, partnership, or corporation engaged in
8the business of manufacturing, selling, or leasing snowmobiles
9at wholesale or retail.
10(Source: P.A. 78-856.)
 
11    (625 ILCS 40/3-2)  (from Ch. 95 1/2, par. 603-2)
12    Sec. 3-2. Identification Number Application. The owner of
13each snowmobile requiring numbering by this State shall file an
14application for number with the Department on forms approved by
15it. The application shall be signed by the owner of the
16snowmobile and shall be accompanied by a fee of $30. When a
17snowmobile dealer sells a snowmobile the dealer shall, at the
18time of sale, require the buyer to complete an application for
19the registration certificate, collect the required fee and mail
20the application and fee to the Department no later than 15 14
21days after the date of sale. Combination application-receipt
22forms shall be provided by the Department and the dealer shall
23furnish the buyer with the completed receipt showing that
24application for registration has been made. This completed
25receipt shall be in the possession of the user of the

 

 

09700SB1566ham002- 73 -LRB097 05492 CEL 70137 a

1snowmobile until the registration certificate is received. No
2snowmobile dealer may charge an additional fee to the buyer for
3performing this service required under this subsection.
4However, no purchaser exempted under Section 3-11 of this Act
5shall be charged any fee or be subject to the other
6requirements of this Section. The application form shall so
7state in clear language the requirements of this Section and
8the penalty for violation near the place on the application
9form provided for indicating the intention to register in
10another jurisdiction. Each dealer shall maintain, for one year,
11a record in a form prescribed by the Department for each
12snowmobile sold. These records shall be open to inspection by
13the Department. Upon receipt of the application in approved
14form the Department shall enter the same upon the records of
15its office and issue to the applicant a certificate of number
16stating the number awarded to the snowmobile and the name and
17address of the owner.
18    For the registration years beginning on or after January 1,
192017, the application shall be signed by the owner of the
20snowmobile and shall be accompanied by a fee of $45.
21(Source: P.A. 96-1291, eff. 4-1-11.)
 
22    (625 ILCS 40/3-6)  (from Ch. 95 1/2, par. 603-6)
23    Sec. 3-6. Loss of certificate.
24    Should a certificate of number or registration expiration
25decal become lost, destroyed, or mutilated beyond legibility,

 

 

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1the owner of the snowmobile shall make application to the
2Department for the replacement of the certificate or decal,
3giving his name, address, and the number of his snowmobile and
4shall at the same time pay to the Department a fee of $5 $1.
5(Source: P.A. 77-1312.)
 
6    Section 90-90. The Boat Registration and Safety Act is
7amended by changing Sections 1-2, 3-1, 3-2, 3-3, 3-4, 3-5, 3-9,
83-11, 3-12, and 3A-16 and by adding Sections 3-1.5 and 3-7.5 as
9follows:
 
10    (625 ILCS 45/1-2)  (from Ch. 95 1/2, par. 311-2)
11    Sec. 1-2. Definitions. As used in this Act, unless the
12context clearly requires a different meaning:
13    "Vessel" or "Watercraft" means every description of
14watercraft used or capable of being used as a means of
15transportation on water, except a seaplane on the water,
16innertube, air mattress or similar device, and boats used for
17concession rides in artificial bodies of water designed and
18used exclusively for such concessions.
19    "Motorboat" means any vessel propelled by machinery,
20whether or not such machinery is the principal source of
21propulsion, but does not include a vessel which has a valid
22marine document issued by the Bureau of Customs of the United
23States Government or any Federal agency successor thereto.
24    "Non-powered watercraft" means any canoe, kayak,

 

 

09700SB1566ham002- 75 -LRB097 05492 CEL 70137 a

1kiteboard, paddleboard, float tube, or watercraft not
2propelled by sail, canvas, or machinery of any sort.
3    "Sailboat" means any watercraft propelled by sail or
4canvas, including sailboards. For the purposes of this Act, any
5watercraft propelled by both sail or canvas and machinery of
6any sort shall be deemed a motorboat when being so propelled.
7    "Airboat" means any boat (but not including airplanes or
8hydroplanes) propelled by machinery applying force against the
9air rather than the water as a means of propulsion.
10    "Dealer" means any person who engages in the business of
11manufacturing, selling, or dealing in, on consignment or
12otherwise, any number of new watercraft, or 5 or more used
13watercraft of any make during the year, including any
14off-highway vehicle dealer or snowmobile dealer or a person
15licensed as a new or used vehicle dealer who also sells or
16deals in, on consignment or otherwise, any number of watercraft
17as defined in this Act.
18    "Lifeboat" means a small boat kept on board a larger boat
19for use in emergency.
20    "Owner" means a person, other than lien holder, having
21title to a motorboat. The term includes a person entitled to
22the use or possession of a motorboat subject to an interest in
23another person, reserved or created by agreement and securing
24payment of performance of an obligation, but the term excludes
25a lessee under a lease not intended as security.
26    "Waters of this State" means any water within the

 

 

09700SB1566ham002- 76 -LRB097 05492 CEL 70137 a

1jurisdiction of this State.
2    "Person" means an individual, partnership, firm,
3corporation, association, or other entity.
4    "Operate" means to navigate or otherwise use a motorboat or
5vessel.
6    "Department" means the Department of Natural Resources.
7    "Competent" means capable of assisting a skier in case of
8injury or accident.
9    "Personal flotation device" or "PFD" means a device that is
10approved by the Commandant, U.S. Coast Guard, under Part 160 of
11Title 46 of the Code of Federal Regulations.
12    "Recreational boat" means any vessel manufactured or used
13primarily for noncommercial use; or leased, rented or chartered
14to another for noncommercial use.
15    "Personal watercraft" means a vessel that uses an inboard
16motor powering a water jet pump as its primary source of motor
17power and that is designed to be operated by a person sitting,
18standing, or kneeling on the vessel, rather than the
19conventional manner of sitting or standing inside the vessel,
20and includes vessels that are similar in appearance and
21operation but are powered by an outboard or propeller drive
22motor.
23    "Specialty prop-craft" means a vessel that is similar in
24appearance and operation to a personal watercraft but that is
25powered by an outboard or propeller driven motor.
26    "Underway" applies to a vessel or watercraft at all times

 

 

09700SB1566ham002- 77 -LRB097 05492 CEL 70137 a

1except when it is moored at a dock or anchorage area.
2    "Use" applies to all vessels on the waters of this State,
3whether moored or underway.
4(Source: P.A. 89-445, eff. 2-7-96.)
 
5    (625 ILCS 45/3-1)  (from Ch. 95 1/2, par. 313-1)
6    Sec. 3-1. Unlawful operation of unnumbered watercraft.
7Every watercraft other than non-powered watercraft sailboards,
8on waters within the jurisdiction of this State shall be
9numbered. No person may operate or give permission for the
10operation of any such watercraft on such waters unless the
11watercraft is numbered in accordance with this Act, or in
12accordance with applicable Federal law, or in accordance with a
13Federally-approved numbering system of another State, and
14unless (1) the certificate of number awarded to such watercraft
15is in full force and effect, and (2) the identifying number set
16forth in the certificate of number is displayed on each side of
17the bow of such watercraft.
18(Source: P.A. 85-149.)
 
19    (625 ILCS 45/3-1.5 new)
20    Sec. 3-1.5. Water usage stamp. Any person using a
21non-powered watercraft on the waters of this State shall have a
22valid water usage stamp affixed to an area easily visible
23either on the exterior or interior of the device. The
24Department shall establish rules and regulations for the

 

 

09700SB1566ham002- 78 -LRB097 05492 CEL 70137 a

1purchase of water usage stamps. Each water usage stamp shall
2bear the calendar year the stamp is in effect. The fee for a
3water usage stamp is $6 per stamp for the first 3 stamps. Any
4person who purchases more than 3 water usage stamps receives
5each subsequent stamp for $3 each.
 
6    (625 ILCS 45/3-2)  (from Ch. 95 1/2, par. 313-2)
7    Sec. 3-2. Identification number application. The owner of
8each watercraft requiring numbering by this State shall file an
9application for number with the Department on forms approved by
10it. The application shall be signed by the owner of the
11watercraft and shall be accompanied by a fee as follows:
12     A. (Blank). Class A (all canoes, kayaks, and
13non-motorized paddle boats) $6
14    B. Class 1 (all watercraft less
15than 16 feet in length, except
16non-powered watercraft.
17canoes, kayaks, and non-motorized paddle boats)... $18 $15
18    C. Class 2 (all watercraft 16
19feet or more but less than 26 feet in length
20except canoes, kayaks, and non-motorized paddle
21boats). $50 $45
22    D. Class 3 (all watercraft 26 feet or more
23but less than 40 feet in length)..................$150 $75
24    E. Class 4 (all watercraft 40 feet in length
25or more)..........................................$200 $100

 

 

09700SB1566ham002- 79 -LRB097 05492 CEL 70137 a

1    Upon receipt of the application in approved form, and when
2satisfied that no tax imposed pursuant to the "Municipal Use
3Tax Act" or the "County Use Tax Act" is owed, or that such tax
4has been paid, the Department shall enter the same upon the
5records of its office and issue to the applicant a certificate
6of number stating the number awarded to the watercraft and the
7name and address of the owner.
8    The Department shall deposit 20% of all money collected
9from watercraft registrations into the Conservation Police
10Operations Assistance Fund. The monies deposited into the
11Conservation Police Operations Assistance Fund under this
12Section shall not be subject to administrative charges or
13chargebacks unless otherwise authorized by this Act.
14(Source: P.A. 93-32, eff. 7-1-03; 94-45, eff. 1-1-06.)
 
15    (625 ILCS 45/3-3)  (from Ch. 95 1/2, par. 313-3)
16    Sec. 3-3. Identification number display.
17    A. The owner shall paint on or attach to both sides of the
18bow (front) of a watercraft the identification number, which
19shall be of block characters at least 3 inches in height. The
20figures shall read from left to right, be of contrasting color
21to their background, and be maintained in a legible condition.
22No other number shall be displayed on the bow of the boat. In
23affixing the number to the boat, a space or a hyphen shall be
24provided between the IL and the number and another space or
25hyphen between the number and the letters which follow. On

 

 

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1vessels of unconventional design or constructed so that it is
2impractical or impossible to display identification numbers in
3a prominent position on the forward half of their hulls or
4permanent substructures, numbers may be displayed in brackets
5or fixtures firmly attached to the vessel. Exact positioning of
6the numbers in brackets or protruding fixtures shall be
7discretionary with vessel owners, providing the numbers are
8placed on the forward half of the vessel and meet the standard
9requirements for legibility, size, style and contrast with the
10background.
11    B. A watercraft already covered by a number in full force
12and effect which has been awarded to it pursuant to Federal law
13is exempt from number display as prescribed by this Section.
14    C. All non-powered watercraft canoes and kayaks are exempt
15from number display as prescribed by this Section.
16(Source: P.A. 87-391.)
 
17    (625 ILCS 45/3-4)  (from Ch. 95 1/2, par. 313-4)
18    Sec. 3-4. Destruction, sale, transfer or abandonment. The
19owner of any watercraft shall within 15 days notify the
20Department if the watercraft is destroyed or abandoned, or is
21sold or transferred either wholly or in part to another person
22or persons. In sale or transfer cases, the notice shall be
23accompanied by a surrender of the certificate of number. In
24destruction or abandonment cases, the notice shall be
25accompanied by a surrender of the certificate of title. When

 

 

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1the surrender of the certificate is by reason of the watercraft
2being destroyed or abandoned, the Department shall cancel the
3certificate and enter such fact in its records. The Department
4shall be notified in writing of any change of address. Should
5the owner desire a new certificate of number, showing the new
6address, he shall surrender his old certificate and notify the
7Department of the new address, remitting $1 to cover the
8issuance of a new certificate of number. If the surrender is by
9reason of a sale or transfer either wholly or in part to
10another person or persons, the owner surrendering the
11certificate shall state to the Department, under oath, the name
12of the purchaser or transferee.
13    Non-powered watercraft are exempt from this Section.
14(Source: P.A. 85-149.)
 
15    (625 ILCS 45/3-5)  (from Ch. 95 1/2, par. 313-5)
16    Sec. 3-5. Transfer of Identification Number. The purchaser
17of a watercraft shall, within 15 days after acquiring same,
18make application to the Department for transfer to him of the
19certificate of number issued to the watercraft giving his name,
20address and the number of the boat. The purchaser shall apply
21for a transfer-renewal for a fee as prescribed under Section
223-2 of this Act for approximately 3 years. All transfers will
23bear June 30 expiration dates in the calendar year of
24expiration. Upon receipt of the application and fee, together
25with proof that any tax imposed under the Municipal Use Tax Act

 

 

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1or County Use Tax Act has been paid or that no such tax is owed,
2the Department shall transfer the certificate of number issued
3to the watercraft to the new owner.
4    Unless the application is made and fee paid, and proof of
5payment of municipal use tax or county use tax or nonliability
6therefor is made, within 30 days, the watercraft shall be
7deemed to be without certificate of number and it shall be
8unlawful for any person to operate the watercraft until the
9certificate is issued.
10    Non-powered watercraft are exempt from this Section.
11(Source: P.A. 87-1109.)
 
12    (625 ILCS 45/3-7.5 new)
13    Sec. 3-7.5. Replacement water usage sticker. If a water
14usage sticker is lost, destroyed, or mutilated beyond
15legibility, a new water usage sticker shall be required before
16the non-powered watercraft is used on the waters of this State.
 
17    (625 ILCS 45/3-9)  (from Ch. 95 1/2, par. 313-9)
18    Sec. 3-9. Certificate of Number. Every certificate of
19number awarded pursuant to this Act shall continue in full
20force and effect for approximately 3 years unless sooner
21terminated or discontinued in accordance with this Act. All new
22certificates issued will bear June 30 expiration dates in the
23calendar year 3 years after the issuing date. Provided however,
24that the Department may, for purposes of implementing this

 

 

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1Section, adopt rules for phasing in the issuance of new
2certificates and provide for 1, 2 or 3 year expiration dates
3and pro-rated payments or charges for each registration.
4    All certificates shall be renewed for 3 years from the
5nearest June 30 for a fee as prescribed in Section 3-2 of this
6Act. All certificates will be invalid after July 15 of the year
7of expiration. All certificates expiring in a given year shall
8be renewed between January 1 and June 30 of that year, in order
9to allow sufficient time for processing.
10    The Department shall issue "registration expiration
11decals" with all new certificates of number, all certificates
12of number transferred and renewed and all certificates of
13number renewed. The decals issued for each year shall be of a
14different and distinct color from the decals of each other year
15currently displayed. The decals shall be affixed to each side
16of the bow of the watercraft, except for federally documented
17vessels, in the manner prescribed by the rules and regulations
18of the Department. Federally documented vessels shall have
19decals affixed to the watercraft on each side of the federally
20documented name of the vessel in the manner prescribed by the
21rules and regulations of the Department.
22    The Department shall fix a day and month of the year on
23which certificates of number due to expire shall lapse and no
24longer be of any force and effect unless renewed pursuant to
25this Act.
26    No number or registration expiration decal other than the

 

 

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1number awarded or the registration expiration decal issued to a
2watercraft or granted reciprocity pursuant to this Act shall be
3painted, attached, or otherwise displayed on either side of the
4bow of such watercraft. A person engaged in the operation of a
5licensed boat livery shall pay a fee as prescribed under
6Section 3-2 of this Act for each watercraft used in the livery
7operation.
8    A person engaged in the manufacture or sale of watercraft
9of a type otherwise required to be numbered hereunder, upon
10application to the Department upon forms prescribed by it, may
11obtain certificates of number for use in the testing or
12demonstrating of such watercraft upon payment of $10 for each
13registration. Certificates of number so issued may be used by
14the applicant in the testing or demonstrating of watercraft by
15temporary placement of the numbers assigned by such
16certificates on the watercraft so tested or demonstrated.
17    Non-powered watercraft are exempt from this Section.
18(Source: P.A. 87-798.)
 
19    (625 ILCS 45/3-11)  (from Ch. 95 1/2, par. 313-11)
20    Sec. 3-11. Penalty. No person shall at any time falsely
21alter or change in any manner a certificate of number or water
22usage stamp issued under the provisions hereof, or falsify any
23record required by this Act, or counterfeit any form of license
24provided for by this Act.
25(Source: P.A. 82-783.)
 

 

 

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1    (625 ILCS 45/3-12)  (from Ch. 95 1/2, par. 313-12)
2    Sec. 3-12. Exemption from numbering provisions of this Act.
3A watercraft shall not be required to be numbered under this
4Act if it is:
5    A. A watercraft which has a valid marine document issued by
6the United States Coast Guard, provided the owner of any such
7vessel used upon the waters of this State for more than 60 days
8in any calendar year shall be required to comply with the
9registration requirements of Section 3-9 of this Act.
10    B. Already covered by a number in full force and effect
11which has been awarded to it pursuant to Federal law or a
12Federally-approved numbering system of another State, if such
13boat will not be within this State for a period in excess of 60
14consecutive days.
15    C. A watercraft from a country other than the United States
16temporarily using the waters of this State.
17    D. A watercraft whose owner is the United States, a State
18or a subdivision thereof, and used solely for official purposes
19and clearly identifiable.
20    E. A vessel used exclusively as a ship's lifeboat.
21    F. A watercraft belonging to a class of boats which has
22been exempted from numbering by the Department after such
23agency has found that an agency of the Federal Government has a
24numbering system applicable to the class of watercraft to which
25the watercraft in question belongs and would be exempt from

 

 

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1numbering if it were subject to the Federal law.
2    G. Watercraft while competing in any race approved by the
3Department under the provisions of Section 5-15 of this Act or
4if the watercraft is designed and intended solely for racing
5while engaged in navigation that is incidental to preparation
6of the watercraft for the race. Preparation of the watercraft
7for the race may be accomplished only after obtaining the
8written authorization of the Department.
9    H. Non-powered, owned and operated on water completely
10impounded on land belonging to the owner of the watercraft.
11This Section does not apply to water controlled by a club or
12association.
13    I. A non-powered watercraft. A canoe or kayak which is
14owned by an organization which is organized and conducted on a
15not-for-profit basis with no personal profit inuring to anyone
16as a result of the operation.
17(Source: P.A. 88-524.)
 
18    (625 ILCS 45/3A-16)  (from Ch. 95 1/2, par. 313A-16)
19    Sec. 3A-16. Fees. Fees shall be paid according to the
20following schedule:
21    Certificate of title....................$10 $ 7
22    Duplicate certificate of title..........7 5
23    Corrected certificate of title..........7 5
24    Search..................................7 5
25(Source: P.A. 85-149.)
 

 

 

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1
ARTICLE 95-95.

 
2    Section 95-95. No acceleration or delay. Where this Act
3makes changes in a statute that is represented in this Act by
4text that is not yet or no longer in effect (for example, a
5Section represented by multiple versions), the use of that text
6does not accelerate or delay the taking effect of (i) the
7changes made by this Act or (ii) provisions derived from any
8other Public Act.
 
9    Section 95-97. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
 
11
ARTICLE 99.

 
12    Section 99-99. Effective date. This Act takes effect
13January 1, 2013.".