[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0385
HB1915 Enrolled LRB9204987TApr
AN ACT concerning natural resources.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois is amended by adding Section 805-545 as follows:
(20 ILCS 805/805-545 new)
Sec. 805-545. The Department of Natural Resources may
enter into one or more interstate compacts concerning
conservation law violators with one or more other states.
The Department may adopt administrative rules necessary to
implement these compacts.
Section 10. The Fish and Aquatic Life Code is amended by
changing Sections 20-35, 20-75, and 20-80 as follows:
(515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
Sec. 20-35. Offenses. Except as prescribed in Section
5-25 and unless otherwise provided in this Code, any person
who is found guilty of violating any of the provisions of
this Code, including administrative rules, is shall be guilty
of a petty offense.
Any person who violates any of the provisions of Section
5-20, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50,
10-60, 10-70, 10-75, 10-95, 10-115, 10-135, 15-5, 15-10,
15-15, 15-20, 15-30, 15-32, 15-40, 15-45, 15-55, 15-60,
15-65, 15-75, 15-80, 15-85, 15-90, 15-95, 15-100, 15-105,
15-110, 15-115, 15-120, 15-130, 15-140, 20-70, 20-75, 20-80,
20-85, 25-10, 25-15, or 25-20 of this Code Section 10-80,
including administrative rules relating to those Sections, is
that Section, shall be guilty of a Class B misdemeanor.
Any person who violates any of the provisions of Section
1-200, 1-205, or 10-55, 10-80, 15-35, or 20-120 of this Code,
including administrative rules relating to those Sections, is
shall be guilty of a Class A misdemeanor.
Any person who violates any of the provisions of this
Code, including administrative rules, during the 5 years
following the revocation of his or her license, permit, or
privileges under Section 20-105 is shall be guilty of a Class
A misdemeanor.
Any person who violates Section 5-25 of this Code,
including administrative rules, is shall be guilty of a Class
3 felony.
Offenses committed by minors under the direct control or
with the consent of a parent or guardian may subject the
parent or guardian to the penalties prescribed in this
Section or as otherwise provided in this Code.
In addition to any fines imposed under this Section, or
as otherwise provided in this Code, any person found guilty
of unlawfully taking or possessing any aquatic life protected
by this Code shall be assessed a civil penalty for that
aquatic life in accordance with the values prescribed in
Section 5-25 of this Code. This civil penalty shall be
imposed at the time of the conviction by the Circuit Court
for the county where the offense was committed. All
penalties provided for in this Section shall be remitted to
the Department in accordance with the provisions of Section
1-180 of this Code.
(Source: P.A. 87-798; 87-833; 87-895.)
(515 ILCS 5/20-75) (from Ch. 56, par. 20-75)
Sec. 20-75. Mussel dealer permits; fees; violations.
Any person, before receiving, buying, or offering to do so,
or acting as an agent or broker in receipt or purchase of
mussels, within the State of Illinois, shall first obtain a
permit from the Department to do so.
The fee for a permit for residents of the State of
Illinois shall be $300 a year, and for non-residents of the
State of Illinois the fee shall be $2,500 a year. These
permits shall expire on the 31st day of January of each year.
A report of each year's activities of each person holding a
permit shall be required as directed by the Department.
Any person who violates any provision of this Section,
including administrative rules relating to this Section,
shall be guilty of a business offense and fined not less than
$1,000 and no more than $5,000.
(Source: P.A. 87-833.)
(515 ILCS 5/20-80) (from Ch. 56, par. 20-80)
Sec. 20-80. Minnow dealers license; penalties. Any
resident who, within the State of Illinois, sells or offers
for sale, to any other wholesaler or retailer or for
consumption, live minnows, whether from waters within or
without the State is an intrastate wholesale minnow dealer
for purposes of this Code. Any person selling live minnows
for stocking only or selling live minnows legally caught or
taken by that person to a licensed wholesale minnow dealer,
however, is exempt from the provisions of this Section.
(a) Before any resident commences activities as an
intrastate wholesale minnow dealer, he or she shall first
procure a license from the Department to do so. The fee for
the license shall be $25 and these licenses shall expire upon
the 31st day of January of each year.
Before any resident commences activities as an intrastate
retail minnow dealer, he or she shall first obtain a license
from the Department to do so. The fee for the license shall
be $5 and these licenses shall expire upon the 31st day of
January of each year.
(b) Only persons who are actual residents of the State
of Illinois shall be permitted to transport live minnows
obtained in the State of Illinois across any of the borders
of the State of Illinois. These persons shall be interstate
minnow dealers for purposes of this Code. Before any resident
of the State of Illinois shall commence activities as an
interstate minnow dealer, he or she shall first obtain a
license from the Department to do so. The fee for the license
shall be $500 and these licenses shall expire on the 31st day
of January of each year. This Section shall not apply to a
resident of the State of Illinois possessing a valid sport
fishing license. An individual possessing a valid sport
fishing license shall be permitted to transport not more than
6 dozen live minnows obtained in Illinois across the borders
of the State of Illinois.
(c) The Department is authorized to establish
regulations as may be deemed necessary in the handling of
minnows in order to protect the resource as well as the
public's interest.
(d) Any person violating subsection (b) or
administrative rules established under subsection (c) of this
Section shall be guilty of a business offense and fined not
less than $1000 nor more than $5000. Persons violating
subsection (a) of this Section shall be subject to the
penalty provisions of Section 20-35 of this Code.
(Source: P.A. 89-66, eff. 1-1-96.)
Section 15. The Ginseng Harvesting Act is amended by
changing Section 5 and adding Section 6 as follows:
(525 ILCS 20/5) (from Ch. 61, par. 517)
Sec. 5. Penalties. Any Person who knowingly violates any
provision of this Act or rules promulgated under the
authority of this Act is shall, for each offense, be guilty
of a class B misdemeanor and may have any license issued
under this Act revoked and future license applications denied
for a period not to exceed 3 years.
Ginseng possessed, harvested, cut, rooted up, gathered,
propagated, sold, purchased, traded, or given away in
violation of the provisions of this Act is contraband.
Contraband ginseng is subject to seizure and confiscation and
shall be disposed of as directed by the Department.
(Source: P.A. 85-152.)
(525 ILCS 20/6 new)
Sec. 6. Additional license revocation and denial
provisions.
(a) If a license has been issued to any person under
this Act and that person is found guilty of any
misrepresentation in obtaining that license or a violation of
any of the provisions of this Act or its rules, the license
may be revoked by the Department. The Department may also
refuse to issue any license to that person and may suspend
that person from engaging in any activity requiring the
license for a period of time not to exceed 5 years following
the revocation.
(b) If a person who has not been issued a license under
this Act is found guilty of a violation of any of the
provisions of this Act or its rules, the Department may
refuse to issue any license to that person and may suspend
that person from engaging in any activity requiring the
license for a period of time not to exceed 5 years.
(c) The Department's license revocation procedures must
be established by administrative rule.
(d) Any person who violates any of the provisions of
this Act or its rules during any period when his or her
license is revoked or denied by virtue of this Section, or
during the time he or she is suspended under subsection (b),
is guilty of a Class A misdemeanor.
(e) A person whose license to engage in any activity
regulated under this Act has been suspended or revoked may
not, during the period of the suspension or revocation or
until obtaining the proper license, (i) be in the company of
any person engaging in the activity covered by the license or
(ii) serve as a guide or facilitator for a person who is
engaged or prepared to engage in the activity covered by the
license.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 22, 2001.
Approved August 16, 2001.
[ Top ]