Illinois General Assembly - Full Text of SB1566
Illinois General Assembly

Previous General Assemblies

Full Text of SB1566  97th General Assembly

SB1566enr 97TH GENERAL ASSEMBLY



 


 
SB1566 EnrolledLRB097 05492 HLH 45552 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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.
 
16    Section 90-10. The Department of Natural Resources
17(Conservation) Law of the Civil Administrative Code of Illinois
18is amended by changing Sections 805-70, 805-335, 805-420, and
19805-435 and by adding Sections 805-555 and 805-560 as follows:
 
20    (20 ILCS 805/805-70)  (was 20 ILCS 805/63b2.9)

 

 

SB1566 Enrolled- 2 -LRB097 05492 HLH 45552 b

1    Sec. 805-70. Grants and contracts.
2    (a) The Department has the power to accept, receive,
3expend, and administer, including by grant, agreement, or
4contract, those funds that are made available to the Department
5from the federal government and other public and private
6sources in the exercise of its statutory powers and duties.
7    (b) The Department may make grants to other State agencies,
8universities, not-for-profit organizations, and local
9governments, pursuant to an appropriation in the exercise of
10its statutory powers and duties.
11    (c) With the exception of Open Space Lands Acquisition and
12Development and Land and Water Conservation Fund grants, the
13Department may assess review and processing fees for grant
14program applications under the jurisdiction of the Department.
15The Department may, by rule, regulate the fees, methods, and
16programs to be charged. The income collected shall be deposited
17into the Park and Conservation Fund for the furtherance of the
18Department grant programs or for use by the Department for the
19ordinary and contingent expenses of the Department.
20    Except as otherwise provided, all revenue collected from
21the application fee for the State Migratory Waterfowl Stamp
22Fund shall be deposited into the State Migratory Waterfowl
23Stamp Fund.
24    Except as otherwise provided, all revenue collected from
25the application fee for the State Pheasant Fund shall be
26deposited into the State Pheasant Fund.

 

 

SB1566 Enrolled- 3 -LRB097 05492 HLH 45552 b

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

 

 

SB1566 Enrolled- 4 -LRB097 05492 HLH 45552 b

1authorized by this Act.
2(Source P.A.: 90-655, eff. 7-30-98; 91-239, eff. 1-1-00.)
 
3    (20 ILCS 805/805-420)  (was 20 ILCS 805/63a36)
4    Sec. 805-420. Appropriations from Park and Conservation
5Fund. The Department has the power to expend monies
6appropriated to the Department from the Park and Conservation
7Fund in the State treasury for conservation and park purposes.
8    Eighty percent of the All revenue derived from fees paid
9for certificates of title, duplicate certificates of title and
10corrected certificates of title and deposited in the Park and
11Conservation Fund, as provided for in Section 2-119 of the
12Illinois Vehicle Code, shall be expended solely by the
13Department pursuant to an appropriation for acquisition,
14development, and maintenance of bike paths, including grants
15for the acquisition and development of bike paths and 20% of
16the revenue derived from fees shall be deposited into the
17Illinois Fisheries Management Fund, a special fund created in
18the State Treasury to be used for the operation of the Division
19of Fisheries within the Department.
20    Revenue derived from fees paid for the registration of
21motor vehicles of the first division and deposited in the Park
22and Conservation Fund, as provided for in Section 3-806 of the
23Illinois Vehicle Code, shall be expended by the Department for
24the following purposes:
25        (A) Fifty percent of funds derived from the vehicle

 

 

SB1566 Enrolled- 5 -LRB097 05492 HLH 45552 b

1    registration fee shall be used by the Department for normal
2    operations.
3        (B) Fifty percent of funds derived from the vehicle
4    registration fee shall be used by the Department for
5    construction and maintenance of State owned, leased, and
6    managed sites.
7    The monies deposited into the Park and Conservation Fund
8and the Illinois Fisheries Management Fund under this Section
9shall not be subject to administrative charges or chargebacks
10unless otherwise authorized by this Act.
11(Source: P.A. 91-239, eff. 1-1-00.)
 
12    (20 ILCS 805/805-435)  (was 20 ILCS 805/63b2.5)
13    Sec. 805-435. Office of Conservation Resource Marketing.
14The Department shall maintain an Office of Conservation
15Resource Marketing. The Office shall conduct a program for
16marketing and promoting the use of conservation resources in
17Illinois with emphasis on recreation and tourism facilities.
18The Office shall coordinate its tourism promotion efforts with
19local community events and shall include a field staff which
20shall work with the Department of Commerce and Economic
21Opportunity and local officials to coordinate State and local
22activities for the purpose of expanding tourism and local
23economies. The Office shall develop, review, and coordinate
24brochures and information pamphlets for promoting the use of
25conservation resources. The Office may charge shipping fees on

 

 

SB1566 Enrolled- 6 -LRB097 05492 HLH 45552 b

1the distribution of all items from the Department's
2Clearinghouse. The Office shall conduct marketing research to
3identify organizations and target populations that can be
4encouraged to use Illinois recreation facilities for group
5events and the many tourist sites.
6    The Director shall submit an annual report to the Governor
7and the General Assembly summarizing the Office's activities
8and including its recommendations for improving the
9Department's tourism promotion and marketing programs for
10conservation resources.
11(Source: P.A. 94-793, eff. 5-19-06.)
 
12    (20 ILCS 805/805-555 new)
13    Sec. 805-555. Consultation fees.
14    (a) For the purposes of this Section, "agency" shall have
15the meaning assigned in Section 1-20 of the Illinois
16Administrative Procedure Act.
17    (b) The Department shall assess a $500 fee for
18consultations conducted under subsection (b) of Section 11 of
19the Illinois Endangered Species Protection Act and Section 17
20of the Illinois Natural Areas Preservation Act. The Department
21shall not assess any fee for consultations requested by a State
22agency or federal agency. Any fee assessed under this Section
23shall be deposited into the Illinois Wildlife Preservation
24Fund.
25    (c) The Department may adopt rules to implement this

 

 

SB1566 Enrolled- 7 -LRB097 05492 HLH 45552 b

1Section.
2    (d) The monies deposited into the Illinois Wildlife
3Preservation Fund under this Section shall not be subject to
4administrative charges or chargebacks unless otherwise
5authorized by this Act.
 
6    (20 ILCS 805/805-560 new)
7    Sec. 805-560. Entrance fees for site visitors from other
8states.
9    (a) The General Assembly finds that a dedicated funding
10stream shall be established for the operation and maintenance
11of sites owned, managed, or leased by the Department to help
12ensure that these State treasures will be properly maintained
13and remain accessible to the public for generations to come.
14    (b) The Department may charge an annual vehicle access fee
15for access by site visitors from other states to properties
16owned, managed, or leased by the Department.
17    (c) The Department may charge a daily vehicle access fee to
18site visitors from other states who have not paid the current
19annual vehicle access fee.
20    (d) The Department may establish a fine for site visitors
21from other states who enter a site in a vehicle without paying
22the annual vehicle access fee or daily vehicle access fee.
23    (e) Revenue generated by the fees and fine assessed
24pursuant to this Section shall be deposited into the State
25Parks Fund or the Wildlife and Fish Fund, special funds in the

 

 

SB1566 Enrolled- 8 -LRB097 05492 HLH 45552 b

1State treasury.
2    (f) The Department shall adopt any and all rules necessary
3to implement this Section.
4    (g) The monies deposited into the State Parks Fund or the
5Wildlife and Fish Fund under this Section shall not be subject
6to administrative charges or chargebacks unless otherwise
7authorized by this Act.
 
8    Section 90-15. The Recreational Trails of Illinois Act is
9amended by changing Sections 10 and 15 and by adding Sections
1026, 28, 30, 32, 34, 36, 38, and 40 as follows:
 
11    (20 ILCS 862/10)
12    Sec. 10. Definitions. As used in this Act:
13    "Board" means the State Off-Highway Vehicle Trails
14Advisory Board.
15    "Department" means the Department of Natural Resources.
16    "Director" means the Director of Natural Resources.
17    "Fund" means the Off-Highway Vehicle Trails Fund.
18    "Off-highway vehicle" means a motor-driven recreational
19vehicle capable of cross-country travel on natural terrain
20without benefit of a road or trail, including an all-terrain
21vehicle and off-highway motorcycle as defined in the Illinois
22Vehicle Code. "Off-highway vehicle" does not include a
23snowmobile; a motorcycle; a watercraft; a farm vehicle being
24used for farming; a vehicle used for military, fire, emergency,

 

 

SB1566 Enrolled- 9 -LRB097 05492 HLH 45552 b

1or law enforcement purposes; a construction or logging vehicle
2used in the performance of its common function; a motor vehicle
3owned by or operated under contract with a utility, whether
4publicly or privately owned, when used for work on utilities; a
5commercial vehicle being used for its intended purpose;
6snow-grooming equipment when used for its intended purpose; or
7an aircraft.
8    "Recreational trail" means a thoroughfare or track across
9land or snow, used for recreational purposes such as bicycling,
10cross-country skiing, day hiking, equestrian activities,
11jogging or similar fitness activities, trail biking, overnight
12and long-distance backpacking, snowmobiling, aquatic or water
13activity, and vehicular travel by motorcycle or off-highway
14vehicles.
15(Source: P.A. 90-287, eff. 1-1-98.)
 
16    (20 ILCS 862/15)
17    Sec. 15. Off-Highway Vehicle Trails Fund.
18    (a) The Off-Highway Vehicle Trails Fund is created as a
19special fund in the State treasury. Money from federal, State,
20and private sources may be deposited into the Fund. Fines
21assessed by the Department of Natural Resources for citations
22issued to off-highway vehicle operators shall be deposited into
23the Fund. All interest accrued on the Fund shall be deposited
24into the Fund.
25    (b) All money in the Fund shall be used, subject to

 

 

SB1566 Enrolled- 10 -LRB097 05492 HLH 45552 b

1appropriation, by the Department for the following purposes:
2        (1) Grants for construction of off-highway vehicle
3    recreational trails on county, municipal, other units of
4    local government, or private lands where a recreational
5    need for the construction is shown.
6        (2) Grants for maintenance and construction of
7    off-highway vehicle recreational trails on federal lands,
8    where permitted by law.
9        (3) Grants for development of off-highway vehicle
10    trail-side facilities in accordance with criteria approved
11    by the National Recreational Trails Advisory Committee.
12        (4) Grants for acquisition of property from willing
13    sellers for off-highway vehicle recreational trails when
14    the objective of a trail cannot be accomplished by other
15    means.
16        (5) Grants for development of urban off-highway
17    vehicle trail linkages near homes and workplaces.
18        (6) Grants for maintenance of existing off-highway
19    vehicle recreational trails, including the grooming and
20    maintenance of trails across snow.
21        (7) Grants for restoration of areas damaged by usage of
22    off-highway vehicle recreational trails and back country
23    terrain.
24        (8) Grants for provision of features that facilitate
25    the access and use of off-highway vehicle trails by persons
26    with disabilities.

 

 

SB1566 Enrolled- 11 -LRB097 05492 HLH 45552 b

1        (9) Grants for acquisition of easements for
2    off-highway vehicle trails or for trail corridors.
3        (10) Grants for a rider education and safety program.
4        (11) Administration, enforcement, planning, and
5    implementation of this Act and all Sections Section 11-1427
6    of the Illinois Vehicle Code which regulate the operation
7    of off-highway vehicles as defined in this Act.
8    Of the money used from the Fund for the purposes set forth
9in this subsection, at least 92% shall be allocated for
10motorized recreation and not more than 8% shall be used by the
11Department for administration, enforcement, planning, and
12implementation of this Act or diverted from the Fund,
13notwithstanding any other law to the contrary adopted after the
14effective date of this amendatory Act of the 95th General
15Assembly. The Department shall establish, by rule, measures to
16verify that recipients of money from the Fund comply with the
17specified conditions for the use of the money.
18    (c) The Department may not use the money from the Fund for
19the following purposes:
20        (1) Condemnation of any kind of interest in property.
21        (2) Construction of any recreational trail on National
22    Forest System land for motorized uses unless those lands
23    have been allocated for uses other than wilderness by an
24    approved forest land and resource management plan or have
25    been released to uses other than wilderness by an Act of
26    Congress, and the construction is otherwise consistent

 

 

SB1566 Enrolled- 12 -LRB097 05492 HLH 45552 b

1    with the management direction in the approved land and
2    resource management plan.
3        (3) Construction of motorized recreational trails on
4    Department owned or managed land.
5    (d) The Department shall establish a program to administer
6grants from the Fund to units of local government,
7not-for-profit organizations, and other groups to operate,
8maintain, and acquire land for off-highway vehicle parks that
9are open and accessible to the public.
10    (e) The monies deposited into the Off-Highway Vehicle
11Trails Fund under this Section shall not be subject to
12administrative charges or chargebacks unless otherwise
13authorized by this Act.
14(Source: P.A. 95-670, eff. 10-11-07; 96-279, eff. 1-1-10.)
 
15    (20 ILCS 862/26 new)
16    Sec. 26. Operation of off-highway vehicles without an
17Off-Highway Vehicle Usage Stamp. Except as hereinafter
18provided, no person shall, on or after July 1, 2013, operate
19any off-highway vehicle within the State unless the off-highway
20vehicle has attached an Off-Highway Vehicle Usage Stamp
21purchased and displayed in accordance with the provisions of
22this Act. The Department shall adopt rules for the purchase of
23Off-Highway Vehicle Usage Stamps. The fee for an Off-Highway
24Vehicle Usage Stamp shall be $15 annually and shall expire the
25March 31st following the year displayed on the Off-Highway

 

 

SB1566 Enrolled- 13 -LRB097 05492 HLH 45552 b

1Vehicle Usage Stamp. The Department shall deposit $5 from the
2sale of each Off-Highway Vehicle Usage Stamp into the
3Conservation Police Operations Assistance Fund. The Department
4shall deposit $10 from the sale of each Off-Highway Vehicle
5Usage Stamp into the Park and Conservation Fund. The monies
6deposited into the Conservation Police Operations Assistance
7Fund or the Park and Conservation Fund under this Section shall
8not be subject to administrative charges or chargebacks unless
9otherwise authorized by this Act.
 
10    (20 ILCS 862/28 new)
11    Sec. 28. Off-Highway Vehicle Usage Stamp display. The
12Department shall issue to the off-highway vehicle operator an
13Off-Highway Vehicle Usage Stamp in accordance with Section 26
14of this Act. The owner shall prominently display the stamp on
15the forward half of the off-highway vehicle.
 
16    (20 ILCS 862/30 new)
17    Sec. 30. Owner responsibility. It shall be unlawful for the
18owner of any off-highway vehicle to knowingly allow any minor
19child to operate his or her off-highway vehicle in violation of
20this Act.
 
21    (20 ILCS 862/32 new)
22    Sec. 32. Destruction, sale, or transfer of Off-Highway
23Vehicle Usage Stamps. The operator of any off-highway vehicle

 

 

SB1566 Enrolled- 14 -LRB097 05492 HLH 45552 b

1shall be required to purchase a new Off-Highway Vehicle Usage
2Stamp if a previous Off-Highway Vehicle Usage Stamp is
3destroyed, lost, stolen, or mutilated beyond legibility. A
4valid Off-Highway Vehicle Usage Stamp already displayed on an
5off-highway vehicle that is sold or transferred shall remain
6valid until such time the stamp is expired.
 
7    (20 ILCS 862/34 new)
8    Sec. 34. Exception from display of Off-Highway Vehicle
9Usage Stamps. The operator of an off-highway vehicle shall not
10be required to display an Off-Highway Vehicle Usage Stamp if
11the off-highway vehicle is:
12        (1) owned and used by the United States, the State of
13    Illinois, another state, or a political subdivision
14    thereof, but these off-highway vehicles shall prominently
15    display the name of the owner on the off-highway vehicle;
16        (2) operated on lands where the owner permanently
17    resides; this exception shall not apply to clubs,
18    associations, lands leased for hunting or recreational
19    purposes, or to off-highway vehicles being used by
20    outfitters as defined in the Wildlife Code as part of their
21    outfitting business;
22        (3) used only on international or national competition
23    circuits in events for which written permission has been
24    obtained by the sponsoring or sanctioning body from the
25    governmental unit having jurisdiction over the location of

 

 

SB1566 Enrolled- 15 -LRB097 05492 HLH 45552 b

1    any event held in this State;
2        (4) while being used for activities associated with
3    farming or livestock production operations; or
4        (5) while being used on an off-highway vehicle grant
5    assisted site and the off-highway vehicle displays a
6    Off-Highway Vehicle Access decal.
 
7    (20 ILCS 862/36 new)
8    Sec. 36. Falsification. No person shall falsely alter or
9change in any manner the Off-Highway Vehicle Usage Stamp issued
10under the provisions of this Act, or falsify any record
11required by this Act, or counterfeit any form of license
12provided for by this Act. Any person found guilty of this
13Section shall be guilty of a Class A misdemeanor.
 
14    (20 ILCS 862/38 new)
15    Sec. 38. Penalties. Except as otherwise provided in Section
1636 of this Act, any person who violates any of the provisions
17of this Act, including administrative rules, shall be guilty of
18a petty offense.
 
19    (20 ILCS 862/40 new)
20    Sec. 40. Inspection authority. Agents of the Department or
21other duly authorized police officers may stop and inspect any
22off-highway vehicle at any time for the purposes of determining
23if the provisions of this Act are being complied with. If the

 

 

SB1566 Enrolled- 16 -LRB097 05492 HLH 45552 b

1inspecting officer or agent discovers any violation of the
2provisions of this Act, he or she shall issue a summons to the
3operator of the off-highway vehicle requiring that the operator
4appear before the circuit court for the county within which the
5offense was committed.
 
6    Section 90-20. The State Finance Act is amended by changing
7Section 6z-36 and by adding Sections 5.811 and 5.812 as
8follows:
 
9    (30 ILCS 105/5.811 new)
10    Sec. 5.811. The Illinois State Museum Fund.
 
11    (30 ILCS 105/5.812 new)
12    Sec. 5.812. The Illinois Fisheries Management Fund.
 
13    (30 ILCS 105/6z-36)
14    Sec. 6z-36. Coal Mining Regulatory Fund; uses. All moneys
15collected as fees and civil penalties under the Surface Coal
16Mining Land Conservation and Reclamation Act, collected as fees
17under the Coal Mining Act, and collected as fees submitted to
18the Department of Natural Resources' analytical laboratory
19shall be deposited into the Coal Mining Regulatory Fund, a
20special fund in the State Treasury that is hereby created. All
21earnings on moneys in the Fund shall be deposited into the
22Fund. Moneys in the Fund shall be annually appropriated to the

 

 

SB1566 Enrolled- 17 -LRB097 05492 HLH 45552 b

1Department of Natural Resources for the enforcement of coal
2mining regulatory laws and rules adopted by the Department
3under those laws. The monies deposited into the Coal Mining
4Regulatory Fund under this Section shall not be subject to
5administrative charges or chargebacks unless otherwise
6authorized by this Act.
7(Source: P.A. 88-599; 89-445, eff. 2-7-96.)
 
8    Section 90-25. The Illinois Non-Game Wildlife Protection
9Act is amended by changing Section 4 as follows:
 
10    (30 ILCS 155/4)  (from Ch. 61, par. 404)
11    Sec. 4. (a) There is created the Illinois Wildlife
12Preservation Fund, a special fund in the State Treasury. The
13Department of Revenue shall determine annually the total amount
14contributed to such fund pursuant to this Act and shall notify
15the State Comptroller and the State Treasurer of such amount to
16be transferred to the Illinois Wildlife Preservation Fund, and
17upon receipt of such notification the State Comptroller shall
18transfer such amount.
19    (b) The Department of Natural Resources shall deposit any
20donations including federal reimbursements received for the
21purposes in the Illinois Wildlife Preservation Fund.
22    (c) The General Assembly may appropriate annually from the
23Illinois Wildlife Preservation Fund such monies credited to
24such fund from the check-off contribution system provided in

 

 

SB1566 Enrolled- 18 -LRB097 05492 HLH 45552 b

1this Act and from other funds received for the purposes of this
2Act, to the Department of Natural Resources to be used for the
3purposes of preserving, protecting, perpetuating and enhancing
4non-game wildlife in this State. Beginning with fiscal year
52006, 5% of the Illinois Wildlife Preservation Fund must be
6committed to or expended on grants by the Department of Natural
7Resources for the maintenance of wildlife rehabilitation
8facilities that take care of threatened or endangered species.
9For purposes of calculating the 5%, the amount in the Fund is
10exclusive of any federal funds deposited in or credited to the
11Fund or any amount deposited in the Fund under subsection (b)
12of Section 805-555 of the Department of Natural Resources
13(Conservation) Law. The Department shall establish criteria
14for the grants by rules adopted in accordance with the Illinois
15Administrative Procedure Act before January 1, 2006. However,
16no amount appropriated from the Illinois Wildlife Preservation
17Fund may be used by the Department of Natural Resources to
18exercise its power of eminent domain.
19(Source: P.A. 94-516, eff. 8-10-05.)
 
20    Section 90-35. The Coal Mining Act is amended by changing
21Sections 3.02, 3.04, and 8.07 and by adding Sections 2.16 and
223.08 as follows:
 
23    (225 ILCS 705/2.16 new)
24    Sec. 2.16. Rules; Illinois Administrative Procedure Act.

 

 

SB1566 Enrolled- 19 -LRB097 05492 HLH 45552 b

1The Mining Board may adopt rules necessary for or incidental to
2the performance of duties or execution of powers conferred
3under this Act in accordance with provisions of the Illinois
4Administrative Procedure Act.
 
5    (225 ILCS 705/3.02)  (from Ch. 96 1/2, par. 352)
6    Sec. 3.02. The Mining Board shall make a record of the
7names and addresses of all persons to whom certificates
8provided for in this Act Article 2 are issued, except those
9issued as provided in Article 8 of this Act.
10(Source: Laws 1957, p. 1558.)
 
11    (225 ILCS 705/3.04)  (from Ch. 96 1/2, par. 354)
12    Sec. 3.04. An applicant for any certificate provided for in
13this Act Article 2, except those issued as provided in Article
148, before being examined, shall register his or her name with
15the Mining Board and file with the Board the credentials
16required by this Act, to-wit: an affidavit as to all matters of
17fact establishing his or her right to receive the examination,
18and a certificate of good character and temperate habits signed
19by at least 10 residents of the community in which he or she
20resides. Each applicant shall also submit a reasonable fee as
21prescribed by rule, with such fee being deposited into the Coal
22Mining Regulatory Fund. The monies deposited into the Coal
23Mining Regulatory Fund under this Section shall not be subject
24to administrative charges or chargebacks unless otherwise

 

 

SB1566 Enrolled- 20 -LRB097 05492 HLH 45552 b

1authorized by this Act.
2(Source: Laws 1953, p. 701.)
 
3    (225 ILCS 705/3.08 new)
4    Sec. 3.08. Fees for renewal. The Mining Board may establish
5by rule a fee for the renewal of certificates with such fee
6being deposited into the Coal Mining Regulatory Fund. The
7monies deposited into the Coal Mining Regulatory Fund under
8this Section shall not be subject to administrative charges or
9chargebacks unless otherwise authorized by this Act.
 
10    (225 ILCS 705/8.07)  (from Ch. 96 1/2, par. 807)
11    Sec. 8.07. Each applicant who satisfies the requirements
12set forth in this Article shall receive his or her certificate
13of competency upon satisfactorily passing the examination and
14submitting a fee as prescribed by rule. All fees collected
15shall be deposited into the Coal Mining Regulatory Fund ,
16without the payment of fees, except that a fee of $2 shall be
17paid to the Department for additional copies of certificates.
18The monies deposited into the Coal Mining Regulatory Fund under
19this Section shall not be subject to administrative charges or
20chargebacks unless otherwise authorized by this Act.
21(Source: P.A. 85-1333.)
 
22    Section 90-40. The Surface-Mined Land Conservation and
23Reclamation Act is amended by changing Sections 5 and 10 as

 

 

SB1566 Enrolled- 21 -LRB097 05492 HLH 45552 b

1follows:
 
2    (225 ILCS 715/5)  (from Ch. 96 1/2, par. 4506)
3    Sec. 5. Application for permit; bond; fee; permit.
4    (a) Application for a permit shall be made upon a form
5furnished by the Department, which form shall contain a
6description of the tract or tracts of land and the estimated
7number of acres thereof to be affected by surface mining by the
8applicant to the tenth succeeding June 30, which description
9shall include the section, township, range, and county in which
10the land is located and shall otherwise describe the land with
11sufficient certainty so that it may be located and
12distinguished from other lands, and a statement that the
13applicant has the right and power by legal estate owned to mine
14by surface mining and to reclaim the land so described. Such
15application shall be accompanied by: (i) a bond or security
16meeting the requirements of Section 8 of this Act; and (ii) a
17fee of $150 $100 for every acre and fraction of an acre of land
18to be permitted.
19    (b) An operator desiring to have a permit amended to cover
20additional land may file an amended application with the
21Department with such additional fee and bond or security as may
22be required under the provisions of this Act. Such amendment
23shall comply with all requirements of this Act.
24    (c) An operator may withdraw any land covered by a permit,
25excepting affected land, by notifying the Department thereof,

 

 

SB1566 Enrolled- 22 -LRB097 05492 HLH 45552 b

1in which case the penalty of the bond or security filed by such
2operator pursuant to the provisions of this Act shall be
3reduced proportionately.
4    (d) (Blank).
5    (e) Every application, and every amendment to an
6application, submitted under this Act shall contain the
7following, except that the Director may waive the requirements
8of this subsection (e) for amendments if the affected acreage
9is similar in nature to the acreage stated in the permit to be
10amended:
11        1. a statement of the ownership of the land and of the
12    minerals to be mined;
13        2. the minerals to be mined;
14        3. the character and composition of the vegetation and
15    wildlife on lands to be affected;
16        4. the current and past uses to which the lands to be
17    affected have been put;
18        5. the current assessed valuation of the lands to be
19    affected and the assessed valuation shown by the two
20    quadrennial assessments next preceding the currently
21    effective assessment;
22        6. the nature, depth and proposed disposition of the
23    overburden;
24        7. the estimated depth to which the mineral deposit
25    will be mined;
26        8. the location of existing roads, and anticipated

 

 

SB1566 Enrolled- 23 -LRB097 05492 HLH 45552 b

1    access and haulage roads planned to be used or constructed
2    in conducting surface mining;
3        9. the technique to be used in surface mining;
4        10. the location and names of all streams, creeks,
5    bodies of water and underground water resources within
6    lands to be affected;
7        11. drainage on and away from the lands to be affected
8    including directional flow of water, natural and
9    artificial drainways and waterways, and streams or
10    tributaries receiving the discharge;
11        12. the location of buildings and utility lines within
12    lands to be affected;
13        13. the results of core drillings of consolidated
14    materials in the overburden when required by the
15    Department, provided that the Department may not require
16    core drillings at the applicant's expense in excess of one
17    core drill for every 25 acres of land to be affected;
18        14. a conservation and reclamation plan and map
19    acceptable to the Department. The operator shall designate
20    which parts of the lands to be affected are proposed to be
21    reclaimed for forest, pasture, crop, horticultural,
22    homesite, recreational, industrial or other uses including
23    food, shelter and ground cover for wildlife and shall show
24    the same by appropriate designation on a reclamation map.
25    The plan shall:
26            (i) provide for timely compliance with all

 

 

SB1566 Enrolled- 24 -LRB097 05492 HLH 45552 b

1        operator duties set forth in Section 6 of this Act by
2        feasible and available means; and
3            (ii) provide for storage of all overburden and
4        refuse.
5    Information respecting the minerals to be mined required by
6subparagraph (e)2 of this Section, respecting the estimated
7depth to which the mineral deposit will be mined required by
8subparagraph (e)7 of this Section, and respecting the results
9of core drillings required by subparagraph (e)13 of this
10Section shall be held confidential by the Department upon
11written request of the applicant.
12    (f) All information required in subsection (e) of this
13Section, with the exception of that information which is to be
14held in confidentiality by the Department shall be made
15available by the operator for public inspection at the county
16seat of each county containing land to be affected. The county
17board of each county containing lands to be affected may
18propose the use for which such lands within its county are to
19be reclaimed and such proposal shall be considered by the
20Department, provided that any such proposal must be consistent
21with all requirements of this Act.
22    Such plan shall be deposited with the county board no less
23than 60 days prior to any action on the plan by the Department.
24All actions by the county board pursuant to this Section must
25be taken within 45 days of receiving the plan.
26    If requested by a county board of a county to be affected

 

 

SB1566 Enrolled- 25 -LRB097 05492 HLH 45552 b

1under a proposed permit, a public hearing to be conducted by
2the Department shall be held in such county on the permit
3applicant's proposed reclamation plan. By rules and
4regulations the Department shall establish hearing dates which
5provide county boards reasonable time in which to have reviewed
6the proposed plans and the procedural rules for the calling and
7conducting of the public hearing. Such procedural rules shall
8include provisions for reasonable notice to all parties,
9including the applicant, and reasonable opportunity for all
10parties to respond by oral or written testimony, or both, to
11statements and objections made at the public hearing. County
12boards and the public shall present their recommendations at
13these hearings. A complete record of the hearings and all
14testimony shall be made by the Department and recorded
15stenographically.
16    (g) The Department shall approve a conservation and
17reclamation plan if the plan complies with this Act and
18completion of the plan will in fact achieve every duty of the
19operator required by this Act. The Department's approval of a
20plan shall be based upon the advice of technically trained
21foresters, agronomists, economists, engineers, planners and
22other relevant experts having experience in reclaiming
23surface-mined lands, and having scientific or technical
24knowledge based upon research into reclaiming and utilizing
25surface-mined lands. The Department shall consider all
26testimony presented at the public hearings as provided in

 

 

SB1566 Enrolled- 26 -LRB097 05492 HLH 45552 b

1subsection (f) of this Section. In cases where no public
2hearing is held on a proposed plan, the Department shall
3consider written testimony from county boards when submitted no
4later than 45 days following filing of the proposed plan with
5the county board. The Department shall immediately serve copies
6of such written testimony on the applicant and give the
7applicant a reasonable opportunity to respond by written
8testimony. The Department shall consider the short and long
9term impact of the proposed mining on vegetation, wildlife,
10fish, land use, land values, local tax base, the economy of the
11region and the State, employment opportunities, air pollution,
12water pollution, soil contamination, noise pollution and
13drainage. The Department may consider feasible alternative
14uses for which reclamation might prepare the land to be
15affected and may analyze the relative costs and effects of such
16alternatives. Whenever the Department does not approve the
17operator's plan, and whenever the plan approved by the
18Department does not conform to the views of the county board
19expressed in accordance with subsection (f) of this Section,
20the Department shall issue a statement of its reasons for its
21determination and shall make such statement public. The
22approved plan shall be filed by the applicant with the clerk of
23each county containing lands to be affected and such plan shall
24be available for public inspection at the office of the clerk
25until reclamation is completed and the bond is released in
26accordance with the provisions of the Act.

 

 

SB1566 Enrolled- 27 -LRB097 05492 HLH 45552 b

1    (h) Upon receipt of a bond or security, all fees due from
2the operator, and approval of the conservation and reclamation
3plan by the Department, the Department shall issue a permit to
4the applicant which shall entitle him to engage thereafter in
5surface mining on the land therein described until the tenth
6succeeding June 30, the period for which such permits are
7issued being hereafter referred to as the "permit period".
8    (i) The operator may transfer any existing permit to a
9second operator, after first notifying the Department of the
10intent to transfer said permit. The Department shall transfer
11any existing permit to a second party upon written notification
12from both parties and the posting of an adequate performance
13bond by the new permittee.
14(Source: P.A. 91-357, eff. 7-29-99; 91-938, eff. 1-11-01.)
 
15    (225 ILCS 715/10)  (from Ch. 96 1/2, par. 4511)
16    Sec. 10. Administration.
17    (a) In addition to the duties and powers of the Department
18prescribed by the Civil Administrative Code of Illinois, it
19shall have full power and authority to carry out and administer
20the provisions of this Act. These powers shall include, but are
21not limited to, the imposition of the following fees to enable
22the Department to carry out the requirements of this Act:
23        (1) A registration fee of $475 $300 assessed on July 1
24    of each calendar year that is due from each operator
25    engaged in and controlling a permitted or unpermitted

 

 

SB1566 Enrolled- 28 -LRB097 05492 HLH 45552 b

1    surface mining operation. The registration fee shall be
2    accompanied by a registration form, provided by the
3    Department, which shall indicate the mailing address and
4    telephone number of the operator, the location of all
5    mining operations controlled by the operator, the minerals
6    being mined, and other information deemed necessary by the
7    Department. A $475 $300 registration fee is the maximum
8    registration fee due from a single operator each calendar
9    year regardless of the number of sites under the operator's
10    control.
11        (2) An additional fee of $175 $100 assessed on July 1
12    of each calendar year for each site that was actively being
13    surfaced mined during the preceding 12 months that is due
14    from the operator engaged in and controlling the permitted
15    or unpermitted surface mining operations.
16        (3) An additional fee of $375 $250 assessed on July 1
17    of each calendar year that is due from each operator
18    engaged in and controlling a permitted or unpermitted
19    surface mining operation where blasting operations
20    occurred during the preceding 12 months.
21    (b) Fees shall be assessed by the Department commencing
22July 1, 1995 for every surface mine operator, active mining
23site, and active aggregate blasting operation of record as of
24that date and on July 1 of each year thereafter. The fees
25assessed under this Section are in addition to any other fees
26required by law.

 

 

SB1566 Enrolled- 29 -LRB097 05492 HLH 45552 b

1    (c) All fees assessed under this Section shall be submitted
2to the Department no later than 30 days from the date listed on
3the Department's annual fee assessment letter sent to the
4surface mine operator. If the operator is delinquent in the
5payment of the fees assessed under this Section, no further
6permits or certifications shall be issued to the operator until
7the delinquent fees have been paid. Moreover, if the operator
8is delinquent for more than 60 days in the payment of fees
9assessed under this Section, the Department shall take the
10action, in accordance with Section 13 of this Act, necessary to
11enjoin further surface mining and aggregate blasting
12operations until all delinquent fees are paid.
13(Source: P.A. 89-26, eff. 6-23-95.)
 
14    Section 90-43. The Surface Coal Mining Land Conservation
15and Reclamation Act is amended by changing Section 2.05 as
16follows:
 
17    (225 ILCS 720/2.05)  (from Ch. 96 1/2, par. 7902.05)
18    Sec. 2.05. Application Fee. At the time of submission to
19the Department, a A permit application shall be accompanied by
20a fee based on the number of surface acres of land to be
21affected by the proposed operation. Such fees shall be
22established by the Department by rule. An application for
23renewal of a permit under Section 2.07 may be filed without
24payment of an additional fee. The Department shall assess, by

 

 

SB1566 Enrolled- 30 -LRB097 05492 HLH 45552 b

1rule, a permit fee for a permit revision to an existing permit.
2(Source: P.A. 81-1015.)
 
3    Section 90-45. The Illinois Oil and Gas Act is amended by
4changing Sections 14, 19.7, 21.1, 22.2, and 23.3 as follows:
 
5    (225 ILCS 725/14)  (from Ch. 96 1/2, par. 5420)
6    Sec. 14. Each application for permit to drill, deepen,
7convert, or amend shall be accompanied by the required fee, not
8to exceed $300 $100, which the Department shall establish by
9rule. A fee of $50 $15 per well shall be paid by the new owner
10for each transfer of well ownership, except when multiple wells
11are acquired and transferred as a part of the same transaction,
12the fee shall be calculated at the rate of $15 per well for the
13first 50 wells, and $10 for each additional well in excess of
1450. Except for the assessments required to be deposited in the
15Plugging and Restoration Fund under Section 19.7 of this Act,
16all fees assessed and collected under this Act shall be
17deposited in the Underground Resources Conservation
18Enforcement Fund. The monies deposited into the Plugging and
19Restoration Fund or the Underground Resources Conservation
20Enforcement Fund under this Section shall not be subject to
21administrative charges or chargebacks unless otherwise
22authorized by this Act.
23(Source: P.A. 89-243, eff. 8-4-95.)
 

 

 

SB1566 Enrolled- 31 -LRB097 05492 HLH 45552 b

1    (225 ILCS 725/19.7)  (from Ch. 96 1/2, par. 5430.2)
2    Sec. 19.7. The Department shall assess and collect annual
3well fees from each permittee in the amount of $75 per well for
4the first 100 wells and a $50 fee for each well in excess of 100
5for which a permit is required under this Act. as follows:
6    (a) Permittees of permits for one well shall pay an annual
7fee of $150.
8    (b) Permittees of permits for 2 through 5 wells shall pay
9an annual fee of $300.
10    (c) Permittees of permits for 6 through 25 wells shall pay
11an annual fee of $750.
12    (d) Permittees of permits for 26 through 100 wells shall
13pay an annual fee of $1,500.
14    (e) Permittees of permits for over 100 wells shall pay an
15annual fee of $1,500 plus an additional $12.50 for each well in
16excess of 100.
17    Fees shall be assessed for each calendar year commencing in
181991 for all wells of record as of July 1, 1991 and July 1 of
19each year thereafter. The fees assessed by the Department under
20this Section are in addition to any other fees required by law.
21All fees assessed under this Section shall be submitted to the
22Department no later than 30 days from the date listed on the
23annual fee assessment letter sent to the permittee. Of the fees
24assessed and collected by the Department each year under this
25Section, 50% shall be deposited into the Underground Resources
26Conservation Enforcement Fund, and 50% shall be deposited into

 

 

SB1566 Enrolled- 32 -LRB097 05492 HLH 45552 b

1the Plugging and Restoration Fund unless, total fees assessed
2and collected for any calendar year exceed $1,500,000; then,
3$750,000 shall be deposited into the Underground Resources
4Conservation Enforcement Fund and the balance of the fees
5assessed and collected shall be deposited into the Plugging and
6Restoration Fund. Upon request of the Department to the
7Comptroller and Treasurer, the Comptroller and Treasurer shall
8make any interfund transfers necessary to effect the
9allocations required by this Section.
10    The monies deposited into the Plugging and Restoration Fund
11or the Underground Resources Conservation Enforcement Fund
12under this Section shall not be subject to administrative
13charges or chargebacks unless otherwise authorized by this Act.
14(Source: P.A. 87-744.)
 
15    (225 ILCS 725/21.1)  (from Ch. 96 1/2, par. 5433)
16    Sec. 21.1. (a) The Department is authorized to issue
17permits for the drilling of wells and to regulate the spacing
18of wells for oil and gas purposes. For the prevention of waste,
19to protect and enforce the correlative rights of owners in the
20pool, and to prevent the drilling of unnecessary wells, the
21Department shall, upon application of any interested person and
22after notice and hearing, establish a drilling unit or units
23for the production of oil and gas or either of them for each
24pool, provided that no spacing regulation shall be adopted nor
25drilling unit established which requires the allocation of more

 

 

SB1566 Enrolled- 33 -LRB097 05492 HLH 45552 b

1than 40 acres of surface area nor less than 10 acres of surface
2area to an individual well for production of oil from a pool
3the top of which lies less than 4,000 feet beneath the surface
4(as determined by the original or discovery well in the pool),
5provided, however, that the Department may permit the
6allocation of greater acreage to an individual well than that
7above specified, and provided further that the spacing of wells
8in any pool the top of which lies less than 4,000 feet beneath
9the surface (as determined by the original or discovery well in
10the pool) shall not include the fixing of a pattern except with
11respect to the 2 nearest external boundary lines of each
12drilling unit, and provided further that no acreage allocation
13shall be required for input or injection wells nor for
14producing wells lying within a secondary recovery unit as now
15or hereafter established.
16    (b) Drilling units shall be of approximately uniform size
17and shape for each entire pool, except that where circumstances
18reasonably require, the Department may grant exceptions to the
19size or shape of any drilling unit or units. Each order
20establishing drilling units shall specify the size and shape of
21the unit, which shall be such as will result in the efficient
22and economical development of the pool as a whole, and subject
23to the provisions of subsection (a) hereof the size of no
24drilling unit shall be smaller than the maximum area that can
25be efficiently and economically drained by one well. Each order
26establishing drilling units for a pool shall cover all lands

 

 

SB1566 Enrolled- 34 -LRB097 05492 HLH 45552 b

1determined or believed to be underlaid by such pool, and may be
2modified by the Department from time to time to include
3additional lands determined to be underlaid by such pool. Each
4order establishing drilling units may be modified by the
5Department to change the size thereof, or to permit the
6drilling of additional wells.
7    (b-2) Any petition requesting a drilling unit exception
8shall be accompanied by a non-refundable application fee in the
9amount of $1,500 for a Modified Drilling Unit or Special
10Drilling Unit or a non-refundable application fee in the amount
11of $2,500 for a Pool-Wide Drilling Unit.
12    (c) Each order establishing drilling units shall prohibit
13the drilling of more than one well on any drilling unit for the
14production of oil or gas from the particular pool with respect
15to which the drilling unit is established and subject to the
16provisions of subsection (a) hereof shall specify the location
17for the drilling of such well thereon, in accordance with a
18reasonably uniform spacing pattern, with necessary exceptions
19for wells drilled or drilling at the time of the application.
20If the Department finds, after notice and hearing, that surface
21conditions would substantially add to the burden or hazard of
22drilling such well at the specified location, or for some other
23reason it would be inequitable or unreasonable to require a
24well to be drilled at the specified location, the Department
25may issue an order permitting the well to be drilled at a
26location other than that specified in the order establishing

 

 

SB1566 Enrolled- 35 -LRB097 05492 HLH 45552 b

1drilling units.
2    (d) After the date of the notice for a hearing called to
3establish drilling units, no additional well shall be commenced
4for production from the pool until the order establishing
5drilling units has been issued, unless the commencement of the
6well is authorized by order of the Department.
7    (e) After an order establishing a drilling unit or units
8has been issued by the Department, the commencement of drilling
9of any well or wells into the pool with regard to which such
10unit was established for the purpose of producing oil or gas
11therefrom, at a location other than that authorized by the
12order, or by order granting exception to the original spacing
13order, is hereby prohibited. The operation of any well drilled
14in violation of an order establishing drilling units is hereby
15prohibited.
16(Source: P.A. 85-1334.)
 
17    (225 ILCS 725/22.2)  (from Ch. 96 1/2, par. 5436)
18    Sec. 22.2. Integration of interests in drilling unit.
19    (a) As used in this Section, "owner" means any person
20having an interest in the right to drill into and produce oil
21or gas from any pool, and to appropriate the production for
22such owner or others.
23    (b) Except as provided in subsection (b-5), when 2 or more
24separately owned tracts of land are embraced within an
25established drilling unit, or when there are separately owned

 

 

SB1566 Enrolled- 36 -LRB097 05492 HLH 45552 b

1interests in all or a part of such units, the owners of all oil
2and gas interests therein may validly agree to integrate their
3interests and to develop their lands as a drilling unit. Where,
4however, such owners have not agreed to integrate their
5interests and where no action has been commenced seeking
6permission to drill pursuant to the provisions of "An Act in
7relation to oil and gas interests in land", approved July 1,
81939, and where at least one of the owners has drilled or has
9proposed to drill a well on an established drilling unit the
10Department on the application of an owner shall, for the
11prevention of waste or to avoid the drilling of unnecessary
12wells, require such owners to do so and to develop their lands
13as a drilling unit. The Department, as a part of the order
14integrating interests, may prescribe the terms and conditions
15upon which the royalty interests in the unit or units shall, in
16the absence of voluntary agreement, be determined to be
17integrated without the necessity of a subsequent separate order
18integrating the royalty interests. Each such integration order
19shall be upon terms and conditions that are just and
20reasonable.
21    (b-5) When 2 or more separately owned tracts of land are
22embraced within an established drilling unit, or when there are
23separately owned interests in all or a part of the unit, and
24one of the owners is the Department of Natural Resources,
25integration of the separate tracts shall be allowed only if,
26following a comprehensive environmental impact review

 

 

SB1566 Enrolled- 37 -LRB097 05492 HLH 45552 b

1performed by the Department, the Department determines that no
2substantial or irreversible detrimental harm will occur on
3Department lands as a result of any proposed activities
4relating to mineral extraction. The environmental impact
5review shall include but shall not be limited to an assessment
6of the potential destruction or depletion of flora and fauna,
7wildlife and its supporting habitat, surface and subsurface
8water supplies, aquatic life, and recreational activities
9located on the land proposed to be integrated. The Department
10shall adopt rules necessary to implement this subsection.
11    (b-6) All proceeds, bonuses, rentals, royalties, and other
12inducements and considerations received from the integration
13of Department of Natural Resources lands that have not been
14purchased by the Department of Natural Resources with moneys
15appropriated from the Wildlife and Fish Fund shall be deposited
16as follows: at least 50% of the amounts received shall be
17deposited into the State Parks Fund and not more than 50% shall
18be deposited into the Plugging and Restoration Fund.
19    (c) All orders requiring such integration shall be made
20after notice and hearing and shall be upon terms and conditions
21that are just and reasonable and will afford to the owners of
22all oil and gas interests in each tract in the drilling unit
23the opportunity to recover or receive their just and equitable
24share of oil or gas from the drilling unit without unreasonable
25expense and will prevent or minimize reasonably avoidable
26drainage from each integrated drilling unit which is not

 

 

SB1566 Enrolled- 38 -LRB097 05492 HLH 45552 b

1equalized by counter drainage, but the Department may not limit
2the production from any well under this provision. The request
3shall be made by petition accompanied by a non-refundable
4application fee of $1,500. The fee shall be deposited into the
5Underground Resources Conservation Enforcement Fund. The
6monies deposited into the Underground Resources Conservation
7Enforcement Fund under this subsection shall not be subject to
8administrative charges or chargebacks unless otherwise
9authorized by this Act.
10    (d) All operations, including, but not limited to, the
11commencement, drilling, or operation of a well upon any portion
12of a drilling unit shall be deemed for all purposes the conduct
13of such operations upon each separately owned tract in the
14drilling unit by the several owners thereof. That portion of
15the production allocated to a separately owned tract included
16in a drilling unit shall, when produced, be deemed, for all
17purposes, to have been actually produced from such tract by a
18well drilled thereon.
19    (e) In making the determination of integrating separately
20owned interests, and determining to whom the permit should be
21issued, the Department may consider:
22        (1) the reasons requiring the integration of separate
23    interests;
24        (2) the respective interests of the parties in the
25    drilling unit sought to be established, and the pool or
26    pools in the field where the proposed drilling unit is

 

 

SB1566 Enrolled- 39 -LRB097 05492 HLH 45552 b

1    located;
2        (3) any parties' prior or present compliance with the
3    Act and the Department's rules; and
4        (4) any other information relevant to protect the
5    correlative rights of the parties sought to be affected by
6    the integration order.
7    (f) Each such integration order shall authorize the
8drilling, testing, completing, equipping, and operation of a
9well on the drilling unit; provide who may drill and operate
10the well; prescribe the time and manner in which all the owners
11in the drilling unit may elect to participate therein; and make
12provision for the payment by all those who elect to participate
13therein of the reasonable actual cost thereof, plus a
14reasonable charge for supervision and interest. Should an owner
15not elect to voluntarily participate in the risk and costs of
16the drilling, testing, completing and operation of a well as
17determined by the Department, the integration order shall
18provide either that:
19        (1) the nonparticipating owner shall surrender a
20    leasehold interest to the participating owners on a basis
21    and for such terms and consideration the Department finds
22    fair and reasonable; or
23        (2) the nonparticipating owner shall share in a
24    proportionate part of the production of oil and gas from
25    the drilling unit determined by the Department, and pay a
26    proportionate part of operation cost after the

 

 

SB1566 Enrolled- 40 -LRB097 05492 HLH 45552 b

1    participating owners have recovered from the production of
2    oil or gas from a well all actual costs in the drilling,
3    testing, completing and operation of the well plus a
4    penalty to be determined by the Department of not less than
5    100% nor more than 300% of such actual costs.
6    (g) For the purpose of this Section, the owner or owners of
7oil and gas rights in and under an unleased tract of land shall
8be regarded as a lessee to the extent of a 7/8 interest in and
9to said rights and a lessor to the extent of the remaining 1/8
10interest therein.
11    (h) In the event of any dispute relative to costs and
12expenses of drilling, testing, equipping, completing and
13operating a well, the Department shall determine the proper
14costs after due notice to interested parties and a hearing
15thereon. The operator of such unit, in addition to any other
16right provided by the integration order of the Department,
17shall have a lien on the mineral leasehold estate or rights
18owned by the other owners therein and upon their shares of the
19production from such unit to the extent that costs incurred in
20the development and operation upon said unit are a charge
21against such interest by order of the Department or by
22operation of law. Such liens shall be separable as to each
23separate owner within such unit, and shall remain liens until
24the owner or owners drilling or operating the well have been
25paid the amount due under the terms of the integration order.
26The Department is specifically authorized to provide that the

 

 

SB1566 Enrolled- 41 -LRB097 05492 HLH 45552 b

1owner or owners drilling, or paying for the drilling, or for
2the operation of a well for the benefit of all shall be
3entitled to production from such well which would be received
4by the owner or owners for whose benefit the well was drilled
5or operated, after payment of royalty, until the owner or
6owners drilling or operating the well have been paid the amount
7due under the terms of the integration order settling such
8dispute.
9(Source: P.A. 90-490, eff. 8-17-97.)
 
10    (225 ILCS 725/23.3)  (from Ch. 96 1/2, par. 5440)
11    Sec. 23.3. The Department, upon the petition of any
12interested person, shall hold a public hearing to consider the
13need for operating a pool, pools, or any portion thereof, as a
14unit to enable, authorize and require operations which will
15increase the ultimate recovery of oil and gas, prevent the
16waste of oil and gas, and protect correlative rights of the
17owners of the oil and gas.
18    (1) Such petition shall contain the following:
19        (a) A description of the land and pool, pools, or parts
20    thereof, within the proposed unit area.
21        (b) The names of all persons owning or having an
22    interest in the oil and gas rights in the proposed unit
23    area as of the date of filing the petition, as disclosed by
24    the records in the office of the recorder for the county or
25    counties in which the unit area is situated, and their

 

 

SB1566 Enrolled- 42 -LRB097 05492 HLH 45552 b

1    addresses, if known. If the address of any person is
2    unknown, the petition shall so indicate.
3        (c) A statement of the type of operations contemplated
4    for the unit area.
5        (d) A copy of a proposed plan of unitization signed by
6    persons owning not less than 51% of the working interest
7    underlying the surface within the area proposed to be
8    unitized, which the petitioner considers fair, reasonable
9    and equitable; said plan of unitization shall include (or
10    provide in a separate unit operating agreement, if there be
11    more than one working interest owner, a copy of which shall
12    accompany the petition) the following:
13            (i) A plan for allocating to each separately owned
14        tract in the unit area its share of the oil and gas
15        produced from the unit area and not required or
16        consumed in the conduct of the operation of the unit
17        area or unavoidably lost.
18            (ii) A provision indicating how unit expense shall
19        be determined and charged to the several owners,
20        including a provision for carrying or otherwise
21        financing any working interest owner who has not
22        executed the proposed plan of unitization and who
23        elects to be carried or otherwise financed, and
24        allowing the unit operator, for the benefit of those
25        working interest owners who have paid the development
26        and operating costs, the recovery of not more than 150%

 

 

SB1566 Enrolled- 43 -LRB097 05492 HLH 45552 b

1        of such person's actual share of development costs of
2        the unit plus operating costs, with interest. Recovery
3        of the money advanced to owners wishing to be financed,
4        for development and operating costs of the unit,
5        together with such other sums provided for herein,
6        shall only be recoverable from such owner's share of
7        unit production from the unit area.
8            (iii) A procedure and basis upon which wells,
9        equipment, and other properties of the several working
10        interest owners within the unit area are to be taken
11        over and used for unit operations, including the method
12        of arriving at the compensation therefor.
13            (iv) A plan for maintaining effective supervision
14        and conduct of unit operations, in respect to which
15        each working interest owner shall have a vote with a
16        value corresponding to the percentage of unit expense
17        chargeable against the interest of such owner.
18        (e) A non-refundable application fee in the amount of
19    $2,500.
20    (2) Concurrently with the filing of the petition with the
21Department, the petitioner may file or cause to be filed, in
22the office of the recorder for the county or counties in which
23the affected lands sought to be unitized are located, a notice
24setting forth:
25        (a) The type of proceedings before the Department and a
26    general statement of the purpose of such proceedings.

 

 

SB1566 Enrolled- 44 -LRB097 05492 HLH 45552 b

1        (b) A legal description of the lands, oil and gas lease
2    or leases, and other oil and gas property interests, which
3    may be affected by the proposed unitization.
4    (3) Upon the filing of such notice:
5        (a) All transfers of title to oil and gas rights shall
6    thereafter be subject to the final order of the Department
7    in such proceedings, and
8        (b) Such notice shall be constructive notification to
9    every person subsequently acquiring an interest in or a
10    lien on any of the property affected thereby, and every
11    person whose interest or lien is not shown of record at the
12    time of filing such notice shall, for the purpose of this
13    Act, be deemed a subsequent purchaser and shall be bound by
14    the proceedings before the Department to the same extent
15    and in the same manner as if he were a party thereto.
16(Source: P.A. 89-243, eff. 8-4-95.)
 
17    Section 90-50. The Fish and Aquatic Life Code is amended by
18changing Sections 20-45 and 20-55 as follows:
 
19    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
20    (Text of Section before amendment by P.A. 97-498)
21    Sec. 20-45. License fees for residents. Fees for licenses
22for residents of the State of Illinois shall be as follows:
23        (a) Except as otherwise provided in this Section, for
24    sport fishing devices as defined in Section 10-95 or

 

 

SB1566 Enrolled- 45 -LRB097 05492 HLH 45552 b

1    spearing devices as defined in Section 10-110 the fee is
2    $14.50 for individuals 16 to 64 years old, and one-half of
3    the current fishing license fee for individuals age 65 or
4    older, commencing with the 1994 license year.
5        (b) All residents before using any commercial fishing
6    device shall obtain a commercial fishing license, the fee
7    for which shall be $60 and a resident fishing license, the
8    fee for which is $14.50 $35. Each and every commercial
9    device used shall be licensed by a resident commercial
10    fisherman as follows:
11            (1) For each 100 lineal yards, or fraction thereof,
12        of seine the fee is $18. For each minnow seine, minnow
13        trap, or net for commercial purposes the fee is $20.
14            (2) For each device to fish with a 100 hook trot
15        line device, basket trap, hoop net, or dip net the fee
16        is $3.
17            (3) When used in the waters of Lake Michigan, for
18        the first 2000 lineal feet, or fraction thereof, of
19        gill net the fee is $10; and for each 1000 additional
20        lineal feet, or fraction thereof, the fee is $10. These
21        fees shall apply to all gill nets in use in the water
22        or on drying reels on the shore.
23            (4) For each 100 lineal yards, or fraction thereof,
24        of gill net or trammel net the fee is $18.
25        (c) Residents of the State of Illinois may obtain a
26    sportsmen's combination license that shall entitle the

 

 

SB1566 Enrolled- 46 -LRB097 05492 HLH 45552 b

1    holder to the same non-commercial fishing privileges as
2    residents holding a license as described in subsection (a)
3    of this Section and to the same hunting privileges as
4    residents holding a license to hunt all species as
5    described in Section 3.1 of the Wildlife Code. No
6    sportsmen's combination license shall be issued to any
7    individual who would be ineligible for either the fishing
8    or hunting license separately. The sportsmen's combination
9    license fee shall be $25.50. For residents age 65 or older,
10    the fee is one-half of the fee charged for a sportsmen's
11    combination license.
12        (d) For 24 hours of fishing by sport fishing devices as
13    defined in Section 10-95 or by spearing devices as defined
14    in Section 10-110 the fee is $5. This license exempts the
15    licensee from the requirement for a salmon or inland trout
16    stamp. The licenses provided for by this subsection are not
17    required for residents of the State of Illinois who have
18    obtained the license provided for in subsection (a) of this
19    Section.
20        (e) All residents before using any commercial mussel
21    device shall obtain a commercial mussel license, the fee
22    for which shall be $50.
23        (f) Residents of this State, upon establishing
24    residency as required by the Department, may obtain a
25    lifetime hunting or fishing license or lifetime
26    sportsmen's combination license which shall entitle the

 

 

SB1566 Enrolled- 47 -LRB097 05492 HLH 45552 b

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

 

 

SB1566 Enrolled- 48 -LRB097 05492 HLH 45552 b

1in their possession, while in the field, a certificate of
2competency as required under Section 3.2 of the Wildlife Code.
3Any lifetime license issued under this Section shall not exempt
4individuals from obtaining additional stamps or permits
5required under the provisions of this Code or the Wildlife
6Code. Individuals required to purchase additional stamps shall
7sign the stamps and have them in their possession while fishing
8or hunting with a lifetime license. All fees received from the
9issuance of lifetime licenses shall be deposited in the Fish
10and Wildlife Endowment Fund.
11    Except for licenses issued under subsection (e) of this
12Section, all licenses provided for in this Section shall expire
13on March 31 of each year, except that the license provided for
14in subsection (d) of this Section shall expire 24 hours after
15the effective date and time listed on the face of the license.
16    All individuals required to have and failing to have the
17license provided for in subsection (a) or (d) of this Section
18shall be fined according to the provisions of Section 20-35 of
19this Code.
20    All individuals required to have and failing to have the
21licenses provided for in subsections (b) and (e) of this
22Section shall be guilty of a Class B misdemeanor.
23(Source: P.A. 96-831, eff. 1-1-10.)
 
24    (Text of Section after amendment by P.A. 97-498)
25    Sec. 20-45. License fees for residents. Fees for licenses

 

 

SB1566 Enrolled- 49 -LRB097 05492 HLH 45552 b

1for residents of the State of Illinois shall be as follows:
2        (a) Except as otherwise provided in this Section, for
3    sport fishing devices as defined in Section 10-95 or
4    spearing devices as defined in Section 10-110, the fee is
5    $14.50 for individuals 16 to 64 years old, one-half of the
6    current fishing license fee for individuals age 65 or
7    older, and, commencing with the 2012 license year, one-half
8    of the current fishing license fee for resident veterans of
9    the United States Armed Forces after returning from service
10    abroad or mobilization by the President of the United
11    States. Veterans must provide, to the Department at one of
12    the Department's 5 regional offices, verification of their
13    service. The Department shall establish what constitutes
14    suitable verification of service for the purpose of issuing
15    fishing licenses to resident veterans at a reduced fee.
16        (b) All residents before using any commercial fishing
17    device shall obtain a commercial fishing license, the fee
18    for which shall be $60 and a resident fishing license, the
19    fee for which is $14.50 $35. Each and every commercial
20    device used shall be licensed by a resident commercial
21    fisherman as follows:
22            (1) For each 100 lineal yards, or fraction thereof,
23        of seine the fee is $18. For each minnow seine, minnow
24        trap, or net for commercial purposes the fee is $20.
25            (2) For each device to fish with a 100 hook trot
26        line device, basket trap, hoop net, or dip net the fee

 

 

SB1566 Enrolled- 50 -LRB097 05492 HLH 45552 b

1        is $3.
2            (3) When used in the waters of Lake Michigan, for
3        the first 2000 lineal feet, or fraction thereof, of
4        gill net the fee is $10; and for each 1000 additional
5        lineal feet, or fraction thereof, the fee is $10. These
6        fees shall apply to all gill nets in use in the water
7        or on drying reels on the shore.
8            (4) For each 100 lineal yards, or fraction thereof,
9        of gill net or trammel net the fee is $18.
10        (c) Residents of the State of Illinois may obtain a
11    sportsmen's combination license that shall entitle the
12    holder to the same non-commercial fishing privileges as
13    residents holding a license as described in subsection (a)
14    of this Section and to the same hunting privileges as
15    residents holding a license to hunt all species as
16    described in Section 3.1 of the Wildlife Code. No
17    sportsmen's combination license shall be issued to any
18    individual who would be ineligible for either the fishing
19    or hunting license separately. The sportsmen's combination
20    license fee shall be $25.50. For residents age 65 or older,
21    the fee is one-half of the fee charged for a sportsmen's
22    combination license. For resident veterans of the United
23    States Armed Forces after returning from service abroad or
24    mobilization by the President of the United States, the
25    fee, commencing with the 2012 license year, is one-half of
26    the fee charged for a sportsmen's combination license.

 

 

SB1566 Enrolled- 51 -LRB097 05492 HLH 45552 b

1    Veterans must provide to the Department, at one of the
2    Department's 5 regional offices, verification of their
3    service. The Department shall establish what constitutes
4    suitable verification of service for the purpose of issuing
5    sportsmen's combination licenses to resident veterans at a
6    reduced fee.
7        (d) For 24 hours of fishing by sport fishing devices as
8    defined in Section 10-95 or by spearing devices as defined
9    in Section 10-110 the fee is $5. This license does not
10    exempt exempts the licensee from the requirement for a
11    salmon or inland trout stamp. The licenses provided for by
12    this subsection are not required for residents of the State
13    of Illinois who have obtained the license provided for in
14    subsection (a) of this Section.
15        (e) All residents before using any commercial mussel
16    device shall obtain a commercial mussel license, the fee
17    for which shall be $50.
18        (f) Residents of this State, upon establishing
19    residency as required by the Department, may obtain a
20    lifetime hunting or fishing license or lifetime
21    sportsmen's combination license which shall entitle the
22    holder to the same non-commercial fishing privileges as
23    residents holding a license as described in paragraph (a)
24    of this Section and to the same hunting privileges as
25    residents holding a license to hunt all species as
26    described in Section 3.1 of the Wildlife Code. No lifetime

 

 

SB1566 Enrolled- 52 -LRB097 05492 HLH 45552 b

1    sportsmen's combination license shall be issued to or
2    retained by any individual who would be ineligible for
3    either the fishing or hunting license separately, either
4    upon issuance, or in any year a violation would subject an
5    individual to have either or both fishing or hunting
6    privileges rescinded. The lifetime hunting and fishing
7    license fees shall be as follows:
8            (1) Lifetime fishing: 30 x the current fishing
9        license fee.
10            (2) Lifetime hunting: 30 x the current hunting
11        license fee.
12            (3) Lifetime sportsmen's combination license: 30 x
13        the current sportsmen's combination license fee.
14    Lifetime licenses shall not be refundable. A $10 fee shall
15be charged for reissuing any lifetime license. The Department
16may establish rules and regulations for the issuance and use of
17lifetime licenses and may suspend or revoke any lifetime
18license issued under this Section for violations of those rules
19or regulations or other provisions under this Code or the
20Wildlife Code. Individuals under 16 years of age who possess a
21lifetime hunting or sportsmen's combination license shall have
22in their possession, while in the field, a certificate of
23competency as required under Section 3.2 of the Wildlife Code.
24Any lifetime license issued under this Section shall not exempt
25individuals from obtaining additional stamps or permits
26required under the provisions of this Code or the Wildlife

 

 

SB1566 Enrolled- 53 -LRB097 05492 HLH 45552 b

1Code. Individuals required to purchase additional stamps shall
2sign the stamps and have them in their possession while fishing
3or hunting with a lifetime license. All fees received from the
4issuance of lifetime licenses shall be deposited in the Fish
5and Wildlife Endowment Fund.
6    Except for licenses issued under subsection (e) of this
7Section, all licenses provided for in this Section shall expire
8on March 31 of each year, except that the license provided for
9in subsection (d) of this Section shall expire 24 hours after
10the effective date and time listed on the face of the license.
11    All individuals required to have and failing to have the
12license provided for in subsection (a) or (d) of this Section
13shall be fined according to the provisions of Section 20-35 of
14this Code.
15    All individuals required to have and failing to have the
16licenses provided for in subsections (b) and (e) of this
17Section shall be guilty of a Class B misdemeanor.
18(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
 
19    (515 ILCS 5/20-55)  (from Ch. 56, par. 20-55)
20    Sec. 20-55. License fees for non-residents. Fees for
21licenses for non-residents of the State of Illinois are as
22follows:
23    (a) For sport fishing devices as defined by Section 10-95,
24or spearing devices as defined in Section 10-110, non-residents
25age 16 or older shall be charged $31 for a fishing license to

 

 

SB1566 Enrolled- 54 -LRB097 05492 HLH 45552 b

1fish. For sport fishing devices as defined by Section 10-95, or
2spearing devices as defined in Section 10-110, for a period not
3to exceed 3 10 consecutive days fishing in the State of
4Illinois the fee is $15.00 $19.50.
5    For sport fishing devices as defined in Section 10-95, or
6spearing devices as defined in Section 10-110, for 24 hours of
7fishing the fee is $10 $5. This license does not exempt exempts
8the licensee from the salmon or inland trout stamp requirement.
9    (b) All non-residents before using any commercial fishing
10device shall obtain a non-resident commercial fishing license,
11the fee for which shall be $300 and a non-resident fishing
12licensing $150. Each and every commercial device shall be
13licensed by a non-resident commercial fisherman as follows:
14        (1) For each 100 lineal yards, or fraction thereof, of
15    seine (excluding minnow seines) the fee is $36.
16        (2) For each device to fish with a 100 hook trot line
17    device, basket trap, hoop net, or dip net the fee is $6.
18        (3) For each 100 lineal yards, or fraction thereof, of
19    trammel net the fee is $36.
20        (4) For each 100 lineal yards, or fraction thereof, of
21    gill net the fee is $36.
22    All persons required to have and failing to have the
23license provided for in subsection (a) of this Section shall be
24fined under Section 20-35 of this Code. Each person required to
25have and failing to have the licenses required under subsection
26(b) of this Section shall be guilty of a Class B misdemeanor.

 

 

SB1566 Enrolled- 55 -LRB097 05492 HLH 45552 b

1    All licenses provided for in this Section shall expire on
2March 31 of each year; except that the 24-hour license for
3sport fishing devices or spearing devices shall expire 24 hours
4after the effective date and time listed on the face of the
5license and licenses for sport fishing devices or spearing
6devices for a period not to exceed 3 10 consecutive days
7fishing in the State of Illinois as provided in subsection (a)
8of this Section shall expire at midnight on the tenth day after
9issued, not counting the day issued.
10(Source: P.A. 96-831, eff. 1-1-10.)
 
11    Section 90-55. The Wildlife Code is amended by changing
12Sections 2.4 and 3.22 as follows:
 
13    (520 ILCS 5/2.4)  (from Ch. 61, par. 2.4)
14    Sec. 2.4. The term birds of prey shall include all species
15of owls, falcons, hawks, kites, harriers, ospreys and eagles.
16It shall be unlawful for any person, organization or
17institution to take or possess a bird of prey (raptor) without
18first obtaining a license or appropriate permit from the
19Department. All applicants must be at least 14 years of age.
20Regulations for the capture, use, possession and
21transportation of birds of prey for falconry or captive
22propagation purposes are provided by administrative rule. The
23fee for a falconry license is $200 $75 for 5 3 years and must be
24renewed every 5 3 years. The fee for a captive propagation

 

 

SB1566 Enrolled- 56 -LRB097 05492 HLH 45552 b

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

 

 

SB1566 Enrolled- 57 -LRB097 05492 HLH 45552 b

1purpose of salvaging dead, sick, orphaned, or crippled wildlife
2species protected by this Act for permanent donation to bona
3fide public or state scientific, educational or zoological
4institutions or, for the purpose of rehabilitation and
5subsequent release to the wild, or other disposal as directed
6by the Department. Private educational organizations may be
7granted a special purpose permit to possess wildlife or parts
8thereof for educational purposes. A special purpose permit is
9required prior to treatment, administration, or both of any
10wild fauna protected by this Code that is captured, handled, or
11both in the wild or will be released to the wild with any type
12of chemical or other compound (including but not limited to
13vaccines, inhalants, medicinal agents requiring oral or dermal
14application) regardless of means of delivery, except that
15individuals and organizations removing or destroying wild
16birds and wild mammals under Section 2.37 of this Code or
17releasing game birds under Section 3.23 of this Code are not
18required to obtain those special purpose permits. Treatment
19under this special purpose permit means to effect a cure or
20physiological change within the animal. The criteria,
21definitions, application process, fees, and standards for a
22scientific or special purpose permit shall be provided by
23administrative rule. The annual fee for a scientific or special
24purpose permit shall not exceed $100. The Department shall set
25forth applicable regulations in an administrative rule
26covering qualifications and facilities needed to obtain both a

 

 

SB1566 Enrolled- 58 -LRB097 05492 HLH 45552 b

1scientific and a special purpose permit. The application for
2these permits shall be approved by the Department to determine
3if a permit should be issued. Disposition of fauna taken under
4the authority of this Section shall be specified by the
5Department.
6    The holder of each such scientific or special purpose
7permit shall make to the Department a report in writing upon
8blanks furnished by the Department. Such reports shall be made
9(i) annually if the permit is granted for a period of more than
10one year or (ii) within 30 days after the expiration of the
11permit if the permit is granted for a period of one year or
12less. Such reports shall include information which the
13Department may consider necessary.
14(Source: P.A. 96-979, eff. 7-2-10.)
 
15    Section 90-57. The Illinois Natural Areas Preservation Act
16is amended by changing Section 6.01 as follows:
 
17    (525 ILCS 30/6.01)  (from Ch. 105, par. 706.01)
18    Sec. 6.01. To compile and maintain inventories, registers
19and records of nature preserves, other natural areas and
20features, and species of plants and animals and their habitats
21and establish a fee, by rule, to be collected to recover the
22actual cost of collecting, storing, managing, compiling, and
23providing access to such inventories, registers, and records.
24All fees collected under this Section shall be deposited into

 

 

SB1566 Enrolled- 59 -LRB097 05492 HLH 45552 b

1the Natural Areas Acquisition Fund. The monies deposited into
2the Natural Areas Acquisition Fund under this Section shall not
3be subject to administrative charges or chargebacks unless
4otherwise authorized by this Act.
5(Source: P.A. 82-445.)
 
6    Section 90-60. The Rivers, Lakes, and Streams Act is
7amended by adding Section 35 as follows:
 
8    (615 ILCS 5/35 new)
9    Sec. 35. Permit fees. The Department of Natural Resources
10shall collect a fee of up to $5,000 per application for permits
11issued under this Act. The Department of Natural Resources
12shall set the specific fee applicable to different permits
13issued under this Act by administrative rule, provided that no
14fee exceeds $5,000. All fees collected pursuant to this Section
15shall be deposited in the State Boating Act Fund for use by the
16Department of Natural Resources for the ordinary and contingent
17expenses of the Department of Natural Resources. No permit
18application shall be processed until the application fee is
19paid to the Department of Natural Resources. The monies
20deposited into the State Boating Act Fund under this Section
21shall not be subject to administrative charges or chargebacks
22unless otherwise authorized by this Act.
 
23    Section 90-80. The Illinois Vehicle Code is amended by

 

 

SB1566 Enrolled- 60 -LRB097 05492 HLH 45552 b

1changing Sections 2-119, 3-806, and 3-815 as follows:
 
2    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
3    Sec. 2-119. Disposition of fees and taxes.
4    (a) All moneys received from Salvage Certificates shall be
5deposited in the Common School Fund in the State Treasury.
6    (b) Beginning January 1, 1990 and concluding December 31,
71994, of the money collected for each certificate of title,
8duplicate certificate of title and corrected certificate of
9title, $0.50 shall be deposited into the Used Tire Management
10Fund. Beginning January 1, 1990 and concluding December 31,
111994, of the money collected for each certificate of title,
12duplicate certificate of title and corrected certificate of
13title, $1.50 shall be deposited in the Park and Conservation
14Fund.
15    Beginning January 1, 1995, of the money collected for each
16certificate of title, duplicate certificate of title and
17corrected certificate of title, $3.25 $2 shall be deposited in
18the Park and Conservation Fund. The moneys deposited in the
19Park and Conservation Fund pursuant to this Section shall be
20used for the acquisition and development of bike paths as
21provided for in Section 805-420 of the Department of Natural
22Resources (Conservation) Law (20 ILCS 805/805-420). The monies
23deposited into the Park and Conservation Fund under this
24subsection shall not be subject to administrative charges or
25chargebacks unless otherwise authorized by this Act.

 

 

SB1566 Enrolled- 61 -LRB097 05492 HLH 45552 b

1    Beginning January 1, 2000, of the moneys collected for each
2certificate of title, duplicate certificate of title, and
3corrected certificate of title, $48 shall be deposited into the
4Road Fund and $4 shall be deposited into the Motor Vehicle
5License Plate Fund, except that if the balance in the Motor
6Vehicle License Plate Fund exceeds $40,000,000 on the last day
7of a calendar month, then during the next calendar month the $4
8shall instead be deposited into the Road Fund.
9    Beginning January 1, 2005, of the moneys collected for each
10delinquent vehicle registration renewal fee, $20 shall be
11deposited into the General Revenue Fund.
12    Except as otherwise provided in this Code, all remaining
13moneys collected for certificates of title, and all moneys
14collected for filing of security interests, shall be placed in
15the General Revenue Fund in the State Treasury.
16    (c) All moneys collected for that portion of a driver's
17license fee designated for driver education under Section 6-118
18shall be placed in the Driver Education Fund in the State
19Treasury.
20    (d) Beginning January 1, 1999, of the monies collected as a
21registration fee for each motorcycle, motor driven cycle and
22moped, 27% of each annual registration fee for such vehicle and
2327% of each semiannual registration fee for such vehicle is
24deposited in the Cycle Rider Safety Training Fund.
25    (e) Of the monies received by the Secretary of State as
26registration fees or taxes or as payment of any other fee, as

 

 

SB1566 Enrolled- 62 -LRB097 05492 HLH 45552 b

1provided in this Act, except fees received by the Secretary
2under paragraph (7) of subsection (b) of Section 5-101 and
3Section 5-109 of this Code, 37% shall be deposited into the
4State Construction Fund.
5    (f) Of the total money collected for a CDL instruction
6permit or original or renewal issuance of a commercial driver's
7license (CDL) pursuant to the Uniform Commercial Driver's
8License Act (UCDLA): (i) $6 of the total fee for an original or
9renewal CDL, and $6 of the total CDL instruction permit fee
10when such permit is issued to any person holding a valid
11Illinois driver's license, shall be paid into the
12CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
13Information System/American Association of Motor Vehicle
14Administrators network Trust Fund) and shall be used for the
15purposes provided in Section 6z-23 of the State Finance Act and
16(ii) $20 of the total fee for an original or renewal CDL or
17commercial driver instruction permit shall be paid into the
18Motor Carrier Safety Inspection Fund, which is hereby created
19as a special fund in the State Treasury, to be used by the
20Department of State Police, subject to appropriation, to hire
21additional officers to conduct motor carrier safety
22inspections pursuant to Chapter 18b of this Code.
23    (g) All remaining moneys received by the Secretary of State
24as registration fees or taxes or as payment of any other fee,
25as provided in this Act, except fees received by the Secretary
26under paragraph (7)(A) of subsection (b) of Section 5-101 and

 

 

SB1566 Enrolled- 63 -LRB097 05492 HLH 45552 b

1Section 5-109 of this Code, shall be deposited in the Road Fund
2in the State Treasury. Moneys in the Road Fund shall be used
3for the purposes provided in Section 8.3 of the State Finance
4Act.
5    (h) (Blank).
6    (i) (Blank).
7    (j) (Blank).
8    (k) There is created in the State Treasury a special fund
9to be known as the Secretary of State Special License Plate
10Fund. Money deposited into the Fund shall, subject to
11appropriation, be used by the Office of the Secretary of State
12(i) to help defray plate manufacturing and plate processing
13costs for the issuance and, when applicable, renewal of any new
14or existing registration plates authorized under this Code and
15(ii) for grants made by the Secretary of State to benefit
16Illinois Veterans Home libraries.
17    On or before October 1, 1995, the Secretary of State shall
18direct the State Comptroller and State Treasurer to transfer
19any unexpended balance in the Special Environmental License
20Plate Fund, the Special Korean War Veteran License Plate Fund,
21and the Retired Congressional License Plate Fund to the
22Secretary of State Special License Plate Fund.
23    (l) The Motor Vehicle Review Board Fund is created as a
24special fund in the State Treasury. Moneys deposited into the
25Fund under paragraph (7) of subsection (b) of Section 5-101 and
26Section 5-109 shall, subject to appropriation, be used by the

 

 

SB1566 Enrolled- 64 -LRB097 05492 HLH 45552 b

1Office of the Secretary of State to administer the Motor
2Vehicle Review Board, including without limitation payment of
3compensation and all necessary expenses incurred in
4administering the Motor Vehicle Review Board under the Motor
5Vehicle Franchise Act.
6    (m)  Effective July 1, 1996, there is created in the State
7Treasury a special fund to be known as the Family
8Responsibility Fund. Moneys deposited into the Fund shall,
9subject to appropriation, be used by the Office of the
10Secretary of State for the purpose of enforcing the Family
11Financial Responsibility Law.
12    (n) The Illinois Fire Fighters' Memorial Fund is created as
13a special fund in the State Treasury. Moneys deposited into the
14Fund shall, subject to appropriation, be used by the Office of
15the State Fire Marshal for construction of the Illinois Fire
16Fighters' Memorial to be located at the State Capitol grounds
17in Springfield, Illinois. Upon the completion of the Memorial,
18moneys in the Fund shall be used in accordance with Section
193-634.
20    (o) Of the money collected for each certificate of title
21for all-terrain vehicles and off-highway motorcycles, $17
22shall be deposited into the Off-Highway Vehicle Trails Fund.
23    (p) For audits conducted on or after July 1, 2003 pursuant
24to Section 2-124(d) of this Code, 50% of the money collected as
25audit fees shall be deposited into the General Revenue Fund.
26(Source: P.A. 96-554, eff. 1-1-10.)
 

 

 

SB1566 Enrolled- 65 -LRB097 05492 HLH 45552 b

1    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
2    Sec. 3-806. Registration Fees; Motor Vehicles of the First
3Division. Every owner of any other motor vehicle of the first
4division, except as provided in Sections 3-804, 3-804.01,
53-805, 3-806.3, 3-806.7, and 3-808, and every second division
6vehicle weighing 8,000 pounds or less, shall pay the Secretary
7of State an annual registration fee at the following rates:
 
8SCHEDULE OF REGISTRATION FEES
9REQUIRED BY LAW
10Beginning with the 2010 registration year
11Annual
12Fee
13Motor vehicles of the first
14division other than
15Motorcycles, Motor Driven
16Cycles and Pedalcycles$98
17Motorcycles, Motor Driven
18Cycles and Pedalcycles 38
19    Beginning with the 2010 registration year a $1 surcharge
20shall be collected in addition to the above fees for motor
21vehicles of the first division, motorcycles, motor driven
22cycles, and pedalcycles to be deposited into the State Police
23Vehicle Fund.
24    All of the proceeds of the additional fees imposed by

 

 

SB1566 Enrolled- 66 -LRB097 05492 HLH 45552 b

1Public Act 96-34 shall be deposited into the Capital Projects
2Fund.
3    Beginning with the 2014 registration year, a $2 surcharge
4shall be collected in addition to the above fees for motor
5vehicles of the first division, motorcycles, motor driven
6cycles, and pedalcycles to be deposited into the Park and
7Conservation Fund for the Department of Natural Resources to
8use for conservation efforts. The monies deposited into the
9Park and Conservation Fund under this Section shall not be
10subject to administrative charges or chargebacks unless
11otherwise authorized by this Act.
12(Source: P.A. 96-34, eff. 7-13-09; 96-747, eff. 1-1-10;
1396-1000, eff. 7-2-10; 97-412, eff. 1-1-12.)
 
14    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
15    Sec. 3-815. Flat weight tax; vehicles of the second
16division.
17    (a) Except as provided in Section 3-806.3, every owner of a
18vehicle of the second division registered under Section 3-813,
19and not registered under the mileage weight tax under Section
203-818, shall pay to the Secretary of State, for each
21registration year, for the use of the public highways, a flat
22weight tax at the rates set forth in the following table, the
23rates including the $10 registration fee:
24
SCHEDULE OF FLAT WEIGHT TAX
25
REQUIRED BY LAW

 

 

SB1566 Enrolled- 67 -LRB097 05492 HLH 45552 b

1Gross Weight in Lbs.Total Fees
2Including Vehicle each Fiscal
3and Maximum year
4LoadClass
58,000 lbs. and lessB$98
68,001 lbs. to 12,000 lbs.D138
712,001 lbs. to 16,000 lbs.F242
816,001 lbs. to 26,000 lbs.H490
926,001 lbs. to 28,000 lbs.J630
1028,001 lbs. to 32,000 lbs.K842
1132,001 lbs. to 36,000 lbs.L982
1236,001 lbs. to 40,000 lbs.N1,202
1340,001 lbs. to 45,000 lbs.P1,390
1445,001 lbs. to 50,000 lbs.Q1,538
1550,001 lbs. to 54,999 lbs.R1,698
1655,000 lbs. to 59,500 lbs.S1,830
1759,501 lbs. to 64,000 lbs.T1,970
1864,001 lbs. to 73,280 lbs.V2,294
1973,281 lbs. to 77,000 lbs.X2,622
2077,001 lbs. to 80,000 lbs.Z2,790
21    Beginning with the 2010 registration year a $1 surcharge
22shall be collected for vehicles registered in the 8,000 lbs.
23and less flat weight plate category above to be deposited into
24the State Police Vehicle Fund.
25    Beginning with the 2014 registration year, a $2 surcharge
26shall be collected in addition to the above fees for vehicles

 

 

SB1566 Enrolled- 68 -LRB097 05492 HLH 45552 b

1registered in the 8,000 lb. and less flat weight plate category
2as described in this subsection (a) to be deposited into the
3Park and Conservation Fund for the Department of Natural
4Resources to use for conservation efforts. The monies deposited
5into the Park and Conservation Fund under this Section shall
6not be subject to administrative charges or chargebacks unless
7otherwise authorized by this Act.
8    All of the proceeds of the additional fees imposed by this
9amendatory Act of the 96th General Assembly shall be deposited
10into the Capital Projects Fund.
11    (a-1) A Special Hauling Vehicle is a vehicle or combination
12of vehicles of the second division registered under Section
133-813 transporting asphalt or concrete in the plastic state or
14a vehicle or combination of vehicles that are subject to the
15gross weight limitations in subsection (a) of Section 15-111
16for which the owner of the vehicle or combination of vehicles
17has elected to pay, in addition to the registration fee in
18subsection (a), $125 to the Secretary of State for each
19registration year. The Secretary shall designate this class of
20vehicle as a Special Hauling Vehicle.
21    (b) Except as provided in Section 3-806.3, every camping
22trailer, motor home, mini motor home, travel trailer, truck
23camper or van camper used primarily for recreational purposes,
24and not used commercially, nor for hire, nor owned by a
25commercial business, may be registered for each registration
26year upon the filing of a proper application and the payment of

 

 

SB1566 Enrolled- 69 -LRB097 05492 HLH 45552 b

1a registration fee and highway use tax, according to the
2following table of fees:
3
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
4Gross Weight in Lbs.Total Fees
5Including Vehicle andEach
6Maximum LoadCalendar Year
78,000 lbs and less$78
88,001 Lbs. to 10,000 Lbs90
910,001 Lbs. and Over102
10
CAMPING TRAILER OR TRAVEL TRAILER
11Gross Weight in Lbs.Total Fees
12Including Vehicle andEach
13Maximum LoadCalendar Year
143,000 Lbs. and Less$18
153,001 Lbs. to 8,000 Lbs.30
168,001 Lbs. to 10,000 Lbs.38
1710,001 Lbs. and Over50
18    Every house trailer must be registered under Section 3-819.
19    (c) Farm Truck. Any truck used exclusively for the owner's
20own agricultural, horticultural or livestock raising
21operations and not-for-hire only, or any truck used only in the
22transportation for-hire of seasonal, fresh, perishable fruit
23or vegetables from farm to the point of first processing, may
24be registered by the owner under this paragraph in lieu of
25registration under paragraph (a), upon filing of a proper
26application and the payment of the $10 registration fee and the

 

 

SB1566 Enrolled- 70 -LRB097 05492 HLH 45552 b

1highway use tax herein specified as follows:
2
SCHEDULE OF FEES AND TAXES
3Gross Weight in Lbs.Total Amount for
4Including Truck andeach
5Maximum LoadClassFiscal Year
616,000 lbs. or lessVF$150
716,001 to 20,000 lbs.VG226
820,001 to 24,000 lbs.VH290
924,001 to 28,000 lbs.VJ378
1028,001 to 32,000 lbs.VK506
1132,001 to 36,000 lbs.VL610
1236,001 to 45,000 lbs.VP810
1345,001 to 54,999 lbs.VR1,026
1455,000 to 64,000 lbs.VT1,202
1564,001 to 73,280 lbs.VV1,290
1673,281 to 77,000 lbs.VX1,350
1777,001 to 80,000 lbs.VZ1,490
18    In the event the Secretary of State revokes a farm truck
19registration as authorized by law, the owner shall pay the flat
20weight tax due hereunder before operating such truck.
21    Any combination of vehicles having 5 axles, with a distance
22of 42 feet or less between extreme axles, that are subject to
23the weight limitations in subsection (a) of Section 15-111 for
24which the owner of the combination of vehicles has elected to
25pay, in addition to the registration fee in subsection (c),
26$125 to the Secretary of State for each registration year shall

 

 

SB1566 Enrolled- 71 -LRB097 05492 HLH 45552 b

1be designated by the Secretary as a Special Hauling Vehicle.
2    (d) The number of axles necessary to carry the maximum load
3provided shall be determined from Chapter 15 of this Code.
4    (e) An owner may only apply for and receive 5 farm truck
5registrations, and only 2 of those 5 vehicles shall exceed
659,500 gross weight in pounds per vehicle.
7    (f) Every person convicted of violating this Section by
8failure to pay the appropriate flat weight tax to the Secretary
9of State as set forth in the above tables shall be punished as
10provided for in Section 3-401.
11(Source: P.A. 96-34, eff. 7-13-09; 97-201, eff. 1-1-12.)
 
12    Section 90-85. The Snowmobile Registration and Safety Act
13is amended by changing Sections 1-2.02, 3-2, and 3-6 as
14follows:
 
15    (625 ILCS 40/1-2.02)  (from Ch. 95 1/2, par. 601-2.02)
16    Sec. 1-2.02.
17    "Dealer" means any person who engages in the business of
18manufacturing, selling, or dealing in, on consignment or
19otherwise, any number of new snowmobiles, or 5 or more used
20snowmobiles of any make during the year, including any
21watercraft or off-highway vehicle dealer or a person licensed
22as a new or used vehicle dealer who also sells or deals in, on
23consignment or otherwise, any number of snowmobiles as defined
24by this Act a person, partnership, or corporation engaged in

 

 

SB1566 Enrolled- 72 -LRB097 05492 HLH 45552 b

1the business of manufacturing, selling, or leasing snowmobiles
2at wholesale or retail.
3(Source: P.A. 78-856.)
 
4    (625 ILCS 40/3-2)  (from Ch. 95 1/2, par. 603-2)
5    Sec. 3-2. Identification Number Application. The owner of
6each snowmobile requiring numbering by this State shall file an
7application for number with the Department on forms approved by
8it. The application shall be signed by the owner of the
9snowmobile and shall be accompanied by a fee of $30. When a
10snowmobile dealer sells a snowmobile the dealer shall, at the
11time of sale, require the buyer to complete an application for
12the registration certificate, collect the required fee and mail
13the application and fee to the Department no later than 15 14
14days after the date of sale. Combination application-receipt
15forms shall be provided by the Department and the dealer shall
16furnish the buyer with the completed receipt showing that
17application for registration has been made. This completed
18receipt shall be in the possession of the user of the
19snowmobile until the registration certificate is received. No
20snowmobile dealer may charge an additional fee to the buyer for
21performing this service required under this subsection.
22However, no purchaser exempted under Section 3-11 of this Act
23shall be charged any fee or be subject to the other
24requirements of this Section. The application form shall so
25state in clear language the requirements of this Section and

 

 

SB1566 Enrolled- 73 -LRB097 05492 HLH 45552 b

1the penalty for violation near the place on the application
2form provided for indicating the intention to register in
3another jurisdiction. Each dealer shall maintain, for one year,
4a record in a form prescribed by the Department for each
5snowmobile sold. These records shall be open to inspection by
6the Department. Upon receipt of the application in approved
7form the Department shall enter the same upon the records of
8its office and issue to the applicant a certificate of number
9stating the number awarded to the snowmobile and the name and
10address of the owner.
11    For the registration years beginning on or after January 1,
122017, the application shall be signed by the owner of the
13snowmobile and shall be accompanied by a fee of $45.
14(Source: P.A. 96-1291, eff. 4-1-11.)
 
15    (625 ILCS 40/3-6)  (from Ch. 95 1/2, par. 603-6)
16    Sec. 3-6. Loss of certificate.
17    Should a certificate of number or registration expiration
18decal become lost, destroyed, or mutilated beyond legibility,
19the owner of the snowmobile shall make application to the
20Department for the replacement of the certificate or decal,
21giving his name, address, and the number of his snowmobile and
22shall at the same time pay to the Department a fee of $5 $1.
23(Source: P.A. 77-1312.)
 
24    Section 90-90. The Boat Registration and Safety Act is

 

 

SB1566 Enrolled- 74 -LRB097 05492 HLH 45552 b

1amended by changing Sections 1-2, 3-1, 3-2, 3-3, 3-4, 3-5, 3-9,
23-11, 3-12, and 3A-16 and by adding Sections 3-1.5 and 3-7.5 as
3follows:
 
4    (625 ILCS 45/1-2)  (from Ch. 95 1/2, par. 311-2)
5    Sec. 1-2. Definitions. As used in this Act, unless the
6context clearly requires a different meaning:
7    "Vessel" or "Watercraft" means every description of
8watercraft used or capable of being used as a means of
9transportation on water, except a seaplane on the water,
10innertube, air mattress or similar device, and boats used for
11concession rides in artificial bodies of water designed and
12used exclusively for such concessions.
13    "Motorboat" means any vessel propelled by machinery,
14whether or not such machinery is the principal source of
15propulsion, but does not include a vessel which has a valid
16marine document issued by the Bureau of Customs of the United
17States Government or any Federal agency successor thereto.
18    "Non-powered watercraft" means any canoe, kayak,
19kiteboard, paddleboard, float tube, or watercraft not
20propelled by sail, canvas, or machinery of any sort.
21    "Sailboat" means any watercraft propelled by sail or
22canvas, including sailboards. For the purposes of this Act, any
23watercraft propelled by both sail or canvas and machinery of
24any sort shall be deemed a motorboat when being so propelled.
25    "Airboat" means any boat (but not including airplanes or

 

 

SB1566 Enrolled- 75 -LRB097 05492 HLH 45552 b

1hydroplanes) propelled by machinery applying force against the
2air rather than the water as a means of propulsion.
3    "Dealer" means any person who engages in the business of
4manufacturing, selling, or dealing in, on consignment or
5otherwise, any number of new watercraft, or 5 or more used
6watercraft of any make during the year, including any
7off-highway vehicle dealer or snowmobile dealer or a person
8licensed as a new or used vehicle dealer who also sells or
9deals in, on consignment or otherwise, any number of watercraft
10as defined in this Act.
11    "Lifeboat" means a small boat kept on board a larger boat
12for use in emergency.
13    "Owner" means a person, other than lien holder, having
14title to a motorboat. The term includes a person entitled to
15the use or possession of a motorboat subject to an interest in
16another person, reserved or created by agreement and securing
17payment of performance of an obligation, but the term excludes
18a lessee under a lease not intended as security.
19    "Waters of this State" means any water within the
20jurisdiction of this State.
21    "Person" means an individual, partnership, firm,
22corporation, association, or other entity.
23    "Operate" means to navigate or otherwise use a motorboat or
24vessel.
25    "Department" means the Department of Natural Resources.
26    "Competent" means capable of assisting a skier in case of

 

 

SB1566 Enrolled- 76 -LRB097 05492 HLH 45552 b

1injury or accident.
2    "Personal flotation device" or "PFD" means a device that is
3approved by the Commandant, U.S. Coast Guard, under Part 160 of
4Title 46 of the Code of Federal Regulations.
5    "Recreational boat" means any vessel manufactured or used
6primarily for noncommercial use; or leased, rented or chartered
7to another for noncommercial use.
8    "Personal watercraft" means a vessel that uses an inboard
9motor powering a water jet pump as its primary source of motor
10power and that is designed to be operated by a person sitting,
11standing, or kneeling on the vessel, rather than the
12conventional manner of sitting or standing inside the vessel,
13and includes vessels that are similar in appearance and
14operation but are powered by an outboard or propeller drive
15motor.
16    "Specialty prop-craft" means a vessel that is similar in
17appearance and operation to a personal watercraft but that is
18powered by an outboard or propeller driven motor.
19    "Underway" applies to a vessel or watercraft at all times
20except when it is moored at a dock or anchorage area.
21    "Use" applies to all vessels on the waters of this State,
22whether moored or underway.
23(Source: P.A. 89-445, eff. 2-7-96.)
 
24    (625 ILCS 45/3-1)  (from Ch. 95 1/2, par. 313-1)
25    Sec. 3-1. Unlawful operation of unnumbered watercraft.

 

 

SB1566 Enrolled- 77 -LRB097 05492 HLH 45552 b

1Every watercraft other than non-powered watercraft sailboards,
2on waters within the jurisdiction of this State shall be
3numbered. No person may operate or give permission for the
4operation of any such watercraft on such waters unless the
5watercraft is numbered in accordance with this Act, or in
6accordance with applicable Federal law, or in accordance with a
7Federally-approved numbering system of another State, and
8unless (1) the certificate of number awarded to such watercraft
9is in full force and effect, and (2) the identifying number set
10forth in the certificate of number is displayed on each side of
11the bow of such watercraft.
12(Source: P.A. 85-149.)
 
13    (625 ILCS 45/3-1.5 new)
14    Sec. 3-1.5. Water usage stamp. Any person using a
15non-powered watercraft on the waters of this State shall have a
16valid water usage stamp affixed to an area easily visible
17either on the exterior or interior of the device. The
18Department shall establish rules and regulations for the
19purchase of water usage stamps. Each water usage stamp shall
20bear the calendar year the stamp is in effect. The fee for a
21water usage stamp is $6 per stamp for the first 3 stamps. Any
22person who purchases more than 3 water usage stamps receives
23each subsequent stamp for $3 each.
 
24    (625 ILCS 45/3-2)  (from Ch. 95 1/2, par. 313-2)

 

 

SB1566 Enrolled- 78 -LRB097 05492 HLH 45552 b

1    Sec. 3-2. Identification number application. The owner of
2each watercraft requiring numbering by this State shall file an
3application for number with the Department on forms approved by
4it. The application shall be signed by the owner of the
5watercraft and shall be accompanied by a fee as follows:
6     A. (Blank). Class A (all canoes, kayaks, and
7non-motorized paddle boats) $6
8    B. Class 1 (all watercraft less
9than 16 feet in length, except
10non-powered watercraft.
11canoes, kayaks, and non-motorized paddle boats)... $18 $15
12    C. Class 2 (all watercraft 16
13feet or more but less than 26 feet in length
14except canoes, kayaks, and non-motorized paddle
15boats). $50 $45
16    D. Class 3 (all watercraft 26 feet or more
17but less than 40 feet in length)..................$150 $75
18    E. Class 4 (all watercraft 40 feet in length
19or more)..........................................$200 $100
20    Upon receipt of the application in approved form, and when
21satisfied that no tax imposed pursuant to the "Municipal Use
22Tax Act" or the "County Use Tax Act" is owed, or that such tax
23has been paid, the Department shall enter the same upon the
24records of its office and issue to the applicant a certificate
25of number stating the number awarded to the watercraft and the
26name and address of the owner.

 

 

SB1566 Enrolled- 79 -LRB097 05492 HLH 45552 b

1    The Department shall deposit 20% of all money collected
2from watercraft registrations into the Conservation Police
3Operations Assistance Fund. The monies deposited into the
4Conservation Police Operations Assistance Fund under this
5Section shall not be subject to administrative charges or
6chargebacks unless otherwise authorized by this Act.
7(Source: P.A. 93-32, eff. 7-1-03; 94-45, eff. 1-1-06.)
 
8    (625 ILCS 45/3-3)  (from Ch. 95 1/2, par. 313-3)
9    Sec. 3-3. Identification number display.
10    A. The owner shall paint on or attach to both sides of the
11bow (front) of a watercraft the identification number, which
12shall be of block characters at least 3 inches in height. The
13figures shall read from left to right, be of contrasting color
14to their background, and be maintained in a legible condition.
15No other number shall be displayed on the bow of the boat. In
16affixing the number to the boat, a space or a hyphen shall be
17provided between the IL and the number and another space or
18hyphen between the number and the letters which follow. On
19vessels of unconventional design or constructed so that it is
20impractical or impossible to display identification numbers in
21a prominent position on the forward half of their hulls or
22permanent substructures, numbers may be displayed in brackets
23or fixtures firmly attached to the vessel. Exact positioning of
24the numbers in brackets or protruding fixtures shall be
25discretionary with vessel owners, providing the numbers are

 

 

SB1566 Enrolled- 80 -LRB097 05492 HLH 45552 b

1placed on the forward half of the vessel and meet the standard
2requirements for legibility, size, style and contrast with the
3background.
4    B. A watercraft already covered by a number in full force
5and effect which has been awarded to it pursuant to Federal law
6is exempt from number display as prescribed by this Section.
7    C. All non-powered watercraft canoes and kayaks are exempt
8from number display as prescribed by this Section.
9(Source: P.A. 87-391.)
 
10    (625 ILCS 45/3-4)  (from Ch. 95 1/2, par. 313-4)
11    Sec. 3-4. Destruction, sale, transfer or abandonment. The
12owner of any watercraft shall within 15 days notify the
13Department if the watercraft is destroyed or abandoned, or is
14sold or transferred either wholly or in part to another person
15or persons. In sale or transfer cases, the notice shall be
16accompanied by a surrender of the certificate of number. In
17destruction or abandonment cases, the notice shall be
18accompanied by a surrender of the certificate of title. When
19the surrender of the certificate is by reason of the watercraft
20being destroyed or abandoned, the Department shall cancel the
21certificate and enter such fact in its records. The Department
22shall be notified in writing of any change of address. Should
23the owner desire a new certificate of number, showing the new
24address, he shall surrender his old certificate and notify the
25Department of the new address, remitting $1 to cover the

 

 

SB1566 Enrolled- 81 -LRB097 05492 HLH 45552 b

1issuance of a new certificate of number. If the surrender is by
2reason of a sale or transfer either wholly or in part to
3another person or persons, the owner surrendering the
4certificate shall state to the Department, under oath, the name
5of the purchaser or transferee.
6    Non-powered watercraft are exempt from this Section.
7(Source: P.A. 85-149.)
 
8    (625 ILCS 45/3-5)  (from Ch. 95 1/2, par. 313-5)
9    Sec. 3-5. Transfer of Identification Number. The purchaser
10of a watercraft shall, within 15 days after acquiring same,
11make application to the Department for transfer to him of the
12certificate of number issued to the watercraft giving his name,
13address and the number of the boat. The purchaser shall apply
14for a transfer-renewal for a fee as prescribed under Section
153-2 of this Act for approximately 3 years. All transfers will
16bear June 30 expiration dates in the calendar year of
17expiration. Upon receipt of the application and fee, together
18with proof that any tax imposed under the Municipal Use Tax Act
19or County Use Tax Act has been paid or that no such tax is owed,
20the Department shall transfer the certificate of number issued
21to the watercraft to the new owner.
22    Unless the application is made and fee paid, and proof of
23payment of municipal use tax or county use tax or nonliability
24therefor is made, within 30 days, the watercraft shall be
25deemed to be without certificate of number and it shall be

 

 

SB1566 Enrolled- 82 -LRB097 05492 HLH 45552 b

1unlawful for any person to operate the watercraft until the
2certificate is issued.
3    Non-powered watercraft are exempt from this Section.
4(Source: P.A. 87-1109.)
 
5    (625 ILCS 45/3-7.5 new)
6    Sec. 3-7.5. Replacement water usage sticker. If a water
7usage sticker is lost, destroyed, or mutilated beyond
8legibility, a new water usage sticker shall be required before
9the non-powered watercraft is used on the waters of this State.
 
10    (625 ILCS 45/3-9)  (from Ch. 95 1/2, par. 313-9)
11    Sec. 3-9. Certificate of Number. Every certificate of
12number awarded pursuant to this Act shall continue in full
13force and effect for approximately 3 years unless sooner
14terminated or discontinued in accordance with this Act. All new
15certificates issued will bear June 30 expiration dates in the
16calendar year 3 years after the issuing date. Provided however,
17that the Department may, for purposes of implementing this
18Section, adopt rules for phasing in the issuance of new
19certificates and provide for 1, 2 or 3 year expiration dates
20and pro-rated payments or charges for each registration.
21    All certificates shall be renewed for 3 years from the
22nearest June 30 for a fee as prescribed in Section 3-2 of this
23Act. All certificates will be invalid after July 15 of the year
24of expiration. All certificates expiring in a given year shall

 

 

SB1566 Enrolled- 83 -LRB097 05492 HLH 45552 b

1be renewed between January 1 and June 30 of that year, in order
2to allow sufficient time for processing.
3    The Department shall issue "registration expiration
4decals" with all new certificates of number, all certificates
5of number transferred and renewed and all certificates of
6number renewed. The decals issued for each year shall be of a
7different and distinct color from the decals of each other year
8currently displayed. The decals shall be affixed to each side
9of the bow of the watercraft, except for federally documented
10vessels, in the manner prescribed by the rules and regulations
11of the Department. Federally documented vessels shall have
12decals affixed to the watercraft on each side of the federally
13documented name of the vessel in the manner prescribed by the
14rules and regulations of the Department.
15    The Department shall fix a day and month of the year on
16which certificates of number due to expire shall lapse and no
17longer be of any force and effect unless renewed pursuant to
18this Act.
19    No number or registration expiration decal other than the
20number awarded or the registration expiration decal issued to a
21watercraft or granted reciprocity pursuant to this Act shall be
22painted, attached, or otherwise displayed on either side of the
23bow of such watercraft. A person engaged in the operation of a
24licensed boat livery shall pay a fee as prescribed under
25Section 3-2 of this Act for each watercraft used in the livery
26operation.

 

 

SB1566 Enrolled- 84 -LRB097 05492 HLH 45552 b

1    A person engaged in the manufacture or sale of watercraft
2of a type otherwise required to be numbered hereunder, upon
3application to the Department upon forms prescribed by it, may
4obtain certificates of number for use in the testing or
5demonstrating of such watercraft upon payment of $10 for each
6registration. Certificates of number so issued may be used by
7the applicant in the testing or demonstrating of watercraft by
8temporary placement of the numbers assigned by such
9certificates on the watercraft so tested or demonstrated.
10    Non-powered watercraft are exempt from this Section.
11(Source: P.A. 87-798.)
 
12    (625 ILCS 45/3-11)  (from Ch. 95 1/2, par. 313-11)
13    Sec. 3-11. Penalty. No person shall at any time falsely
14alter or change in any manner a certificate of number or water
15usage stamp issued under the provisions hereof, or falsify any
16record required by this Act, or counterfeit any form of license
17provided for by this Act.
18(Source: P.A. 82-783.)
 
19    (625 ILCS 45/3-12)  (from Ch. 95 1/2, par. 313-12)
20    Sec. 3-12. Exemption from numbering provisions of this Act.
21A watercraft shall not be required to be numbered under this
22Act if it is:
23    A. A watercraft which has a valid marine document issued by
24the United States Coast Guard, provided the owner of any such

 

 

SB1566 Enrolled- 85 -LRB097 05492 HLH 45552 b

1vessel used upon the waters of this State for more than 60 days
2in any calendar year shall be required to comply with the
3registration requirements of Section 3-9 of this Act.
4    B. Already covered by a number in full force and effect
5which has been awarded to it pursuant to Federal law or a
6Federally-approved numbering system of another State, if such
7boat will not be within this State for a period in excess of 60
8consecutive days.
9    C. A watercraft from a country other than the United States
10temporarily using the waters of this State.
11    D. A watercraft whose owner is the United States, a State
12or a subdivision thereof, and used solely for official purposes
13and clearly identifiable.
14    E. A vessel used exclusively as a ship's lifeboat.
15    F. A watercraft belonging to a class of boats which has
16been exempted from numbering by the Department after such
17agency has found that an agency of the Federal Government has a
18numbering system applicable to the class of watercraft to which
19the watercraft in question belongs and would be exempt from
20numbering if it were subject to the Federal law.
21    G. Watercraft while competing in any race approved by the
22Department under the provisions of Section 5-15 of this Act or
23if the watercraft is designed and intended solely for racing
24while engaged in navigation that is incidental to preparation
25of the watercraft for the race. Preparation of the watercraft
26for the race may be accomplished only after obtaining the

 

 

SB1566 Enrolled- 86 -LRB097 05492 HLH 45552 b

1written authorization of the Department.
2    H. Non-powered, owned and operated on water completely
3impounded on land belonging to the owner of the watercraft.
4This Section does not apply to water controlled by a club or
5association.
6    I. A non-powered watercraft. A canoe or kayak which is
7owned by an organization which is organized and conducted on a
8not-for-profit basis with no personal profit inuring to anyone
9as a result of the operation.
10(Source: P.A. 88-524.)
 
11    (625 ILCS 45/3A-16)  (from Ch. 95 1/2, par. 313A-16)
12    Sec. 3A-16. Fees. Fees shall be paid according to the
13following schedule:
14    Certificate of title....................$10 $ 7
15    Duplicate certificate of title..........7 5
16    Corrected certificate of title..........7 5
17    Search..................................7 5
18(Source: P.A. 85-149.)
 
19
ARTICLE 95-95.

 
20    Section 95-95. No acceleration or delay. Where this Act
21makes changes in a statute that is represented in this Act by
22text that is not yet or no longer in effect (for example, a
23Section represented by multiple versions), the use of that text

 

 

SB1566 Enrolled- 87 -LRB097 05492 HLH 45552 b

1does not accelerate or delay the taking effect of (i) the
2changes made by this Act or (ii) provisions derived from any
3other Public Act.
 
4    Section 95-97. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
 
6
ARTICLE 99.

 
7    Section 99-99. Effective date. This Act takes effect
8January 1, 2013.