Full Text of SB1566 97th General Assembly
SB1566enr 97TH GENERAL ASSEMBLY |
| | SB1566 Enrolled | | LRB097 05492 HLH 45552 b |
|
| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | ARTICLE 90. | 5 | | Section 90-5. The Department of Natural Resources Act is | 6 | | amended 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 | 9 | | administrative rule an entrance fee for visitors to the | 10 | | Illinois State Museum. The fee assessed by this Section shall | 11 | | be deposited into the Illinois State Museum Fund for the | 12 | | Department to use to support the Illinois State Museum. The | 13 | | monies deposited into the Illinois State Museum Fund under this | 14 | | Section shall not be subject to administrative charges or | 15 | | chargebacks 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 | 18 | | is amended by changing Sections 805-70, 805-335, 805-420, and | 19 | | 805-435 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, | 3 | | expend, and
administer, including by grant, agreement, or | 4 | | contract, those funds that are
made available to the Department | 5 | | from the federal government and other public
and private | 6 | | sources in the exercise of its statutory powers and duties.
| 7 | | (b) The Department may make grants to other State agencies,
| 8 | | universities, not-for-profit organizations, and local | 9 | | governments, pursuant
to
an appropriation in the exercise of | 10 | | its statutory powers and duties.
| 11 | | (c) With the exception of Open Space Lands Acquisition and | 12 | | Development and Land and Water Conservation Fund grants, the | 13 | | Department may assess review and processing fees for grant | 14 | | program applications under the jurisdiction of the Department. | 15 | | The Department may, by rule, regulate the fees, methods, and | 16 | | programs to be charged. The income collected shall be deposited | 17 | | into the Park and Conservation Fund for the furtherance of the | 18 | | Department grant programs or for use by the Department for the | 19 | | ordinary and contingent expenses of the Department. | 20 | | Except as otherwise provided, all revenue collected from | 21 | | the application fee for the State Migratory Waterfowl Stamp | 22 | | Fund shall be deposited into the State Migratory Waterfowl | 23 | | Stamp Fund. | 24 | | Except as otherwise provided, all revenue collected from | 25 | | the application fee for the State Pheasant Fund shall be | 26 | | deposited into the State Pheasant Fund. |
| | | SB1566 Enrolled | - 3 - | LRB097 05492 HLH 45552 b |
|
| 1 | | Except as otherwise provided, all revenue collected from | 2 | | the application fee for the Illinois Habitat Fund shall be | 3 | | deposited into the Illinois Habitat Fund. | 4 | | Except as otherwise provided, all revenue collected from | 5 | | the application fee for the State Furbearer Fund shall be | 6 | | deposited into the State Furbearer Fund. | 7 | | The monies deposited into the Park and Conservation Fund, | 8 | | the State Migratory Waterfowl Stamp Fund, the State Pheasant | 9 | | Fund, the Illinois Habitat Fund, and the State Furbearer Fund | 10 | | under this Section shall not be subject to administrative | 11 | | charges 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 | 15 | | appropriate and reasonable fees for the
use of concession type | 16 | | facilities as well as other facilities and sites under
the | 17 | | jurisdiction of the Department , including, but not limited to, | 18 | | beaches, bike trails, equestrian trails, and other types of | 19 | | trails . The Department
may
regulate, by rule, the fees to be | 20 | | charged. The income collected shall be
deposited into the State | 21 | | Parks Fund or Wildlife and Fish Fund
depending on the | 22 | | classification of the State managed facility involved. The | 23 | | monies deposited into the State Parks Fund or the Wildlife and | 24 | | Fish Fund under this Section shall not be subject to | 25 | | administrative charges or chargebacks unless otherwise |
| | | SB1566 Enrolled | - 4 - | LRB097 05492 HLH 45552 b |
|
| 1 | | authorized 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 | 5 | | Fund. The
Department has the power to expend monies | 6 | | appropriated to the
Department from the Park and Conservation | 7 | | Fund in the State
treasury for conservation and park purposes.
| 8 | | Eighty percent of the All revenue derived from fees paid | 9 | | for certificates of title, duplicate
certificates of title and | 10 | | corrected certificates of title and deposited in
the Park and | 11 | | Conservation Fund, as provided for in Section 2-119 of the
| 12 | | Illinois Vehicle Code, shall be expended solely by the | 13 | | Department pursuant to
an appropriation for acquisition,
| 14 | | development, and maintenance of bike paths, including grants | 15 | | for the
acquisition and development of bike paths and 20% of | 16 | | the revenue derived from fees shall be deposited into the | 17 | | Illinois Fisheries Management Fund, a special fund created in | 18 | | the State Treasury to be used for the operation of the Division | 19 | | of Fisheries within the Department .
| 20 | | Revenue derived from fees paid for the registration of | 21 | | motor vehicles of the first division and deposited in the Park | 22 | | and Conservation Fund, as provided for in Section 3-806 of the | 23 | | Illinois Vehicle Code, shall be expended by the Department for | 24 | | the 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 | 8 | | and the Illinois Fisheries Management Fund under this Section | 9 | | shall not be subject to administrative charges or chargebacks | 10 | | unless 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.
| 14 | | The Department shall maintain an Office of Conservation | 15 | | Resource Marketing.
The Office shall conduct a program for | 16 | | marketing and promoting the use of
conservation resources in | 17 | | Illinois with emphasis on recreation and tourism
facilities. | 18 | | The Office shall coordinate its tourism promotion
efforts with | 19 | | local community events and shall include a field staff
which | 20 | | shall work with the Department of Commerce and Economic | 21 | | Opportunity and
local officials to coordinate State and local | 22 | | activities for the
purpose of expanding tourism and local | 23 | | economies. The Office shall
develop, review, and coordinate | 24 | | brochures and information pamphlets for
promoting the use of | 25 | | conservation resources. The Office may charge shipping fees on |
| | | SB1566 Enrolled | - 6 - | LRB097 05492 HLH 45552 b |
|
| 1 | | the distribution of all items from the Department's | 2 | | Clearinghouse. The Office shall
conduct marketing research to | 3 | | identify organizations and target populations
that can be | 4 | | encouraged to use Illinois recreation facilities for group
| 5 | | events and the many tourist sites.
| 6 | | The Director shall submit an annual report to the Governor | 7 | | and the General
Assembly summarizing the Office's activities | 8 | | and including its recommendations
for improving the | 9 | | Department's tourism promotion and marketing programs for
| 10 | | conservation 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 | 15 | | the meaning assigned in Section 1-20 of the Illinois | 16 | | Administrative Procedure Act. | 17 | | (b) The Department shall assess a $500 fee for | 18 | | consultations conducted under subsection (b) of Section 11 of | 19 | | the Illinois Endangered Species Protection Act and Section 17 | 20 | | of the Illinois Natural Areas Preservation Act. The Department | 21 | | shall not assess any fee for consultations requested by a State | 22 | | agency or federal agency. Any fee assessed under this Section | 23 | | shall be deposited into the Illinois Wildlife Preservation | 24 | | Fund. | 25 | | (c) The Department may adopt rules to implement this |
| | | SB1566 Enrolled | - 7 - | LRB097 05492 HLH 45552 b |
|
| 1 | | Section. | 2 | | (d) The monies deposited into the Illinois Wildlife | 3 | | Preservation Fund under this Section shall not be subject to | 4 | | administrative charges or chargebacks unless otherwise | 5 | | authorized by this Act. | 6 | | (20 ILCS 805/805-560 new) | 7 | | Sec. 805-560. Entrance fees for site visitors from other | 8 | | states. | 9 | | (a) The General Assembly finds that a dedicated funding | 10 | | stream shall be established for the operation and maintenance | 11 | | of sites owned, managed, or leased by the Department to help | 12 | | ensure that these State treasures will be properly maintained | 13 | | and remain accessible to the public for generations to come. | 14 | | (b) The Department may charge an annual vehicle access fee | 15 | | for access by site visitors from other states to properties | 16 | | owned, managed, or leased by the Department. | 17 | | (c) The Department may charge a daily vehicle access fee to | 18 | | site visitors from other states who have not paid the current | 19 | | annual vehicle access fee. | 20 | | (d) The Department may establish a fine for site visitors | 21 | | from other states who enter a site in a vehicle without paying | 22 | | the annual vehicle access fee or daily vehicle access fee. | 23 | | (e) Revenue generated by the fees and fine assessed | 24 | | pursuant to this Section shall be deposited into the State | 25 | | Parks Fund or the Wildlife and Fish Fund, special funds in the |
| | | SB1566 Enrolled | - 8 - | LRB097 05492 HLH 45552 b |
|
| 1 | | State treasury. | 2 | | (f) The Department shall adopt any and all rules necessary | 3 | | to implement this Section. | 4 | | (g) The monies deposited into the State Parks Fund or the | 5 | | Wildlife and Fish Fund under this Section shall not be subject | 6 | | to administrative charges or chargebacks unless otherwise | 7 | | authorized by this Act. | 8 | | Section 90-15. The Recreational Trails of Illinois Act is | 9 | | amended by changing Sections 10 and 15 and by adding Sections | 10 | | 26, 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 | 14 | | Advisory 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 | 19 | | vehicle capable of
cross-country travel on natural terrain | 20 | | without benefit of a road or
trail, including an all-terrain | 21 | | vehicle and off-highway motorcycle as defined
in
the Illinois | 22 | | Vehicle Code. "Off-highway vehicle" does not include a | 23 | | snowmobile;
a motorcycle; a watercraft; a farm vehicle being | 24 | | used for farming; a vehicle
used for military, fire, emergency, |
| | | SB1566 Enrolled | - 9 - | LRB097 05492 HLH 45552 b |
|
| 1 | | or law enforcement purposes; a construction
or logging vehicle | 2 | | used in the performance of its common function; a motor
vehicle | 3 | | owned by or operated under contract with a utility, whether | 4 | | publicly
or privately owned, when used for work on utilities; a | 5 | | commercial vehicle being
used for its intended purpose; | 6 | | snow-grooming equipment when used for its
intended purpose; or | 7 | | an aircraft.
| 8 | | "Recreational trail" means a thoroughfare or track across | 9 | | land or snow,
used for recreational purposes such as bicycling, | 10 | | cross-country skiing, day
hiking, equestrian activities, | 11 | | jogging or similar fitness activities, trail
biking, overnight | 12 | | and long-distance backpacking, snowmobiling, aquatic or
water | 13 | | activity, and vehicular travel by motorcycle or
off-highway | 14 | | vehicles.
| 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 | 19 | | special fund in the
State treasury.
Money from federal, State, | 20 | | and private sources may be
deposited into the Fund.
Fines | 21 | | assessed by the Department of Natural Resources for citations | 22 | | issued to
off-highway vehicle operators shall be deposited into | 23 | | the
Fund. All interest accrued on the Fund shall be deposited | 24 | | into the Fund.
| 25 | | (b) All money in the Fund shall be used, subject to |
| | | SB1566 Enrolled | - 10 - | LRB097 05492 HLH 45552 b |
|
| 1 | | appropriation, 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 | 9 | | in this
subsection, at least 92% shall be allocated for | 10 | | motorized recreation and not more than 8% shall be used by the | 11 | | Department for administration, enforcement, planning, and | 12 | | implementation of this Act or diverted from the Fund, | 13 | | notwithstanding any other law to the contrary adopted after the | 14 | | effective date of this amendatory Act of the 95th General | 15 | | Assembly. The
Department
shall establish, by rule, measures to | 16 | | verify that recipients of money from
the Fund comply with the | 17 | | specified conditions for the use of the money.
| 18 | | (c) The Department may not use the money from the Fund for | 19 | | the
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 | 6 | | grants from the
Fund to units of local government, | 7 | | not-for-profit organizations, and
other groups to operate, | 8 | | maintain, and acquire land for off-highway vehicle
parks that | 9 | | are open and accessible to the public.
| 10 | | (e) The monies deposited into the Off-Highway Vehicle | 11 | | Trails Fund under this Section shall not be subject to | 12 | | administrative charges or chargebacks unless otherwise | 13 | | authorized 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 | 17 | | Off-Highway Vehicle Usage Stamp. Except as hereinafter | 18 | | provided, no person shall, on or after July 1, 2013, operate | 19 | | any off-highway vehicle within the State unless the off-highway | 20 | | vehicle has attached an Off-Highway Vehicle Usage Stamp | 21 | | purchased and displayed in accordance with the provisions of | 22 | | this Act. The Department shall adopt rules for the purchase of | 23 | | Off-Highway Vehicle Usage Stamps. The fee for an Off-Highway | 24 | | Vehicle Usage Stamp shall be $15 annually and shall expire the | 25 | | March 31st following the year displayed on the Off-Highway |
| | | SB1566 Enrolled | - 13 - | LRB097 05492 HLH 45552 b |
|
| 1 | | Vehicle Usage Stamp. The Department shall deposit $5 from the | 2 | | sale of each Off-Highway Vehicle Usage Stamp into the | 3 | | Conservation Police Operations Assistance Fund. The Department | 4 | | shall deposit $10 from the sale of each Off-Highway Vehicle | 5 | | Usage Stamp into the Park and Conservation Fund. The monies | 6 | | deposited into the Conservation Police Operations Assistance | 7 | | Fund or the Park and Conservation Fund under this Section shall | 8 | | not be subject to administrative charges or chargebacks unless | 9 | | otherwise authorized by this Act. | 10 | | (20 ILCS 862/28 new) | 11 | | Sec. 28. Off-Highway Vehicle Usage Stamp display. The | 12 | | Department shall issue to the off-highway vehicle operator an | 13 | | Off-Highway Vehicle Usage Stamp in accordance with Section 26 | 14 | | of this Act. The owner shall prominently display the stamp on | 15 | | the forward half of the off-highway vehicle. | 16 | | (20 ILCS 862/30 new) | 17 | | Sec. 30. Owner responsibility. It shall be unlawful for the | 18 | | owner of any off-highway vehicle to knowingly allow any minor | 19 | | child to operate his or her off-highway vehicle in violation of | 20 | | this Act. | 21 | | (20 ILCS 862/32 new) | 22 | | Sec. 32. Destruction, sale, or transfer of Off-Highway | 23 | | Vehicle Usage Stamps. The operator of any off-highway vehicle |
| | | SB1566 Enrolled | - 14 - | LRB097 05492 HLH 45552 b |
|
| 1 | | shall be required to purchase a new Off-Highway Vehicle Usage | 2 | | Stamp if a previous Off-Highway Vehicle Usage Stamp is | 3 | | destroyed, lost, stolen, or mutilated beyond legibility. A | 4 | | valid Off-Highway Vehicle Usage Stamp already displayed on an | 5 | | off-highway vehicle that is sold or transferred shall remain | 6 | | valid until such time the stamp is expired. | 7 | | (20 ILCS 862/34 new) | 8 | | Sec. 34. Exception from display of Off-Highway Vehicle | 9 | | Usage Stamps. The operator of an off-highway vehicle shall not | 10 | | be required to display an Off-Highway Vehicle Usage Stamp if | 11 | | the 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 | 9 | | change in any manner the Off-Highway Vehicle Usage Stamp issued | 10 | | under the provisions of this Act, or falsify any record | 11 | | required by this Act, or counterfeit any form of license | 12 | | provided for by this Act. Any person found guilty of this | 13 | | Section shall be guilty of a Class A misdemeanor. | 14 | | (20 ILCS 862/38 new) | 15 | | Sec. 38. Penalties. Except as otherwise provided in Section | 16 | | 36 of this Act, any person who violates any of the provisions | 17 | | of this Act, including administrative rules, shall be guilty of | 18 | | a petty offense. | 19 | | (20 ILCS 862/40 new) | 20 | | Sec. 40. Inspection authority. Agents of the Department or | 21 | | other duly authorized police officers may stop and inspect any | 22 | | off-highway vehicle at any time for the purposes of determining | 23 | | if the provisions of this Act are being complied with. If the |
| | | SB1566 Enrolled | - 16 - | LRB097 05492 HLH 45552 b |
|
| 1 | | inspecting officer or agent discovers any violation of the | 2 | | provisions of this Act, he or she shall issue a summons to the | 3 | | operator of the off-highway vehicle requiring that the operator | 4 | | appear before the circuit court for the county within which the | 5 | | offense was committed. | 6 | | Section 90-20. The State Finance Act is amended by changing | 7 | | Section 6z-36 and by adding Sections 5.811 and 5.812 as | 8 | | follows: | 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 | 15 | | collected as fees
and civil penalties under the Surface Coal | 16 | | Mining Land Conservation and
Reclamation Act , collected as fees | 17 | | under the Coal Mining Act, and collected as fees submitted to | 18 | | the Department of Natural
Resources' analytical laboratory | 19 | | shall be deposited
into the Coal Mining Regulatory Fund, a | 20 | | special fund in the State Treasury that
is hereby created. All | 21 | | earnings on moneys in the Fund shall be deposited into
the | 22 | | Fund. Moneys in the Fund shall be annually appropriated to the |
| | | SB1566 Enrolled | - 17 - | LRB097 05492 HLH 45552 b |
|
| 1 | | Department
of Natural Resources for the enforcement of coal
| 2 | | mining regulatory laws and rules adopted by the Department | 3 | | under those laws. The monies deposited into the Coal Mining | 4 | | Regulatory Fund under this Section shall not be subject to | 5 | | administrative charges or chargebacks unless otherwise | 6 | | authorized 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 | 9 | | Act 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 | 12 | | Preservation Fund, a
special fund in the State Treasury. The | 13 | | Department of Revenue shall determine
annually the total amount | 14 | | contributed to such fund pursuant to this Act and
shall notify | 15 | | the State Comptroller and the State Treasurer of such amount to | 16 | | be
transferred to the Illinois Wildlife Preservation Fund, and | 17 | | upon receipt of
such notification the State Comptroller shall | 18 | | transfer such amount.
| 19 | | (b) The Department of Natural Resources shall deposit
any | 20 | | donations including federal reimbursements received for the | 21 | | purposes in the
Illinois Wildlife Preservation Fund.
| 22 | | (c) The General Assembly may appropriate annually from the | 23 | | Illinois Wildlife
Preservation Fund such monies credited to | 24 | | such fund from the check-off
contribution system provided in |
| | | SB1566 Enrolled | - 18 - | LRB097 05492 HLH 45552 b |
|
| 1 | | this Act and from other funds received for the
purposes of this | 2 | | Act, to the Department of Natural Resources to be used for the
| 3 | | purposes of preserving, protecting,
perpetuating and enhancing | 4 | | non-game wildlife in this State. Beginning with fiscal year | 5 | | 2006, 5% of the Illinois Wildlife Preservation Fund must be | 6 | | committed to or expended on grants by the Department of Natural | 7 | | Resources for the maintenance of wildlife rehabilitation | 8 | | facilities that take care of threatened or endangered species. | 9 | | For purposes of calculating the 5%, the amount in the Fund is | 10 | | exclusive of any federal funds deposited in or credited to the | 11 | | Fund or any amount deposited in the Fund under subsection (b) | 12 | | of Section 805-555 of the Department of Natural Resources | 13 | | (Conservation) Law . The Department shall establish criteria | 14 | | for the grants by rules adopted in accordance with the Illinois | 15 | | Administrative Procedure Act before January 1, 2006. However, | 16 | | no amount
appropriated from the Illinois Wildlife Preservation | 17 | | Fund may be used by the
Department of Natural Resources to | 18 | | exercise 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 | 21 | | Sections 3.02, 3.04, and 8.07 and by adding Sections 2.16 and | 22 | | 3.08 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 |
|
| 1 | | The Mining Board may adopt rules necessary for or incidental to | 2 | | the performance of duties or execution of powers conferred | 3 | | under this Act in accordance with provisions of the Illinois | 4 | | Administrative 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 | 7 | | names and addresses
of all persons to whom certificates | 8 | | provided for in this Act Article 2 are issued , except those | 9 | | issued 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 | 13 | | this Act Article 2 ,
except those issued as provided in Article | 14 | | 8, before being examined, shall register his or her name with | 15 | | the Mining Board and
file with the Board the credentials | 16 | | required by this Act, to-wit: an
affidavit as to all matters of | 17 | | fact establishing his or her right to receive the
examination, | 18 | | and a certificate of good character and temperate habits
signed | 19 | | by at least 10 residents of the community in which he or she | 20 | | resides. Each applicant shall also submit a reasonable fee as | 21 | | prescribed by rule, with such fee being deposited into the Coal | 22 | | Mining Regulatory Fund. The monies deposited into the Coal | 23 | | Mining Regulatory Fund under this Section shall not be subject | 24 | | to administrative charges or chargebacks unless otherwise |
| | | SB1566 Enrolled | - 20 - | LRB097 05492 HLH 45552 b |
|
| 1 | | authorized 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 | 5 | | by rule a fee for the renewal of certificates with such fee | 6 | | being deposited into the Coal Mining Regulatory Fund. The | 7 | | monies deposited into the Coal Mining Regulatory Fund under | 8 | | this Section shall not be subject to administrative charges or | 9 | | chargebacks 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 | 12 | | set forth in this Article
shall receive his or her certificate | 13 | | of competency upon satisfactorily passing
the examination and | 14 | | submitting a fee as prescribed by rule. All fees collected | 15 | | shall be deposited into the Coal Mining Regulatory Fund ,
| 16 | | without the payment of fees, except that a fee of $2 shall be | 17 | | paid to the
Department for additional copies of certificates . | 18 | | The monies deposited into the Coal Mining Regulatory Fund under | 19 | | this Section shall not be subject to administrative charges or | 20 | | chargebacks unless otherwise authorized by this Act.
| 21 | | (Source: P.A. 85-1333.)
| 22 | | Section 90-40. The Surface-Mined Land Conservation and | 23 | | Reclamation Act is amended by changing Sections 5 and 10 as |
| | | SB1566 Enrolled | - 21 - | LRB097 05492 HLH 45552 b |
|
| 1 | | follows:
| 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 | 5 | | furnished by the
Department, which form shall contain a | 6 | | description of the tract or tracts of
land and the
estimated | 7 | | number of acres thereof to be affected by surface mining by the
| 8 | | applicant to the tenth succeeding June 30, which description
| 9 | | shall include
the section, township, range, and county in which | 10 | | the land is located and
shall otherwise describe the land with | 11 | | sufficient certainty so that it may
be located and | 12 | | distinguished from other lands, and a statement that the
| 13 | | applicant has the right and power by legal estate owned to mine | 14 | | by surface
mining and to reclaim the land so described. Such | 15 | | application shall be
accompanied by: (i) a bond or security | 16 | | meeting the requirements
of Section 8 of this Act; and (ii) a | 17 | | fee of $150 $100 for every acre
and fraction of an acre of land | 18 | | to be permitted.
| 19 | | (b) An operator desiring to have a permit amended to cover
| 20 | | additional
land may file an amended application with the | 21 | | Department with such additional
fee and bond or security as may | 22 | | be required under the provisions of this
Act. Such amendment | 23 | | shall comply with all requirements of this Act.
| 24 | | (c) An operator may withdraw any land covered by a permit, | 25 | | excepting
affected
land, by notifying the Department thereof, |
| | | SB1566 Enrolled | - 22 - | LRB097 05492 HLH 45552 b |
|
| 1 | | in which case the penalty of
the bond or security filed by such | 2 | | operator pursuant to the provisions of
this Act shall be | 3 | | reduced proportionately.
| 4 | | (d) (Blank).
| 5 | | (e) Every application, and every amendment to an | 6 | | application, submitted
under this Act shall contain the | 7 | | following, except that the Director may
waive the requirements | 8 | | of this subsection (e) for amendments if the affected
acreage | 9 | | is similar in nature to the acreage stated in the permit to be | 10 | | amended:
| 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 | 6 | | subparagraph (e)2
of this Section, respecting the estimated | 7 | | depth to which the mineral deposit
will be mined required by | 8 | | subparagraph (e)7 of this Section, and respecting the
results | 9 | | of core drillings required by subparagraph (e)13 of this | 10 | | Section shall
be held confidential by the Department upon | 11 | | written request of the applicant.
| 12 | | (f) All information required in subsection (e) of this | 13 | | Section, with the
exception of that information which is to be | 14 | | held in confidentiality by
the Department shall be made | 15 | | available by the operator for public inspection
at the county | 16 | | seat of each county containing land to be affected. The county
| 17 | | board of each county containing lands to be affected may | 18 | | propose the use
for which such lands within its county are to | 19 | | be reclaimed and such proposal
shall be considered by the | 20 | | Department, provided that any such proposal must
be consistent | 21 | | with all requirements of this Act.
| 22 | | Such plan shall be deposited with the county board no less | 23 | | than 60 days
prior to any action on the plan by the Department. | 24 | | All actions by the county
board pursuant to this Section must | 25 | | be 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 |
|
| 1 | | under a proposed
permit, a public hearing to be conducted by | 2 | | the Department shall be held
in such county on the permit | 3 | | applicant's proposed reclamation plan. By
rules and | 4 | | regulations the Department shall establish hearing dates which
| 5 | | provide county boards reasonable time in which to have reviewed | 6 | | the proposed
plans and the procedural rules for the calling and | 7 | | conducting of the public
hearing. Such procedural rules shall | 8 | | include provisions for reasonable
notice to all parties, | 9 | | including the applicant, and reasonable opportunity
for all | 10 | | parties to respond by oral or written testimony, or both, to | 11 | | statements
and objections made at the public hearing. County | 12 | | boards and the public
shall present their recommendations at | 13 | | these hearings. A complete record
of the hearings and all | 14 | | testimony shall be made by the Department and recorded
| 15 | | stenographically.
| 16 | | (g) The Department shall approve a conservation and | 17 | | reclamation plan if the plan complies with this Act and | 18 | | completion of the plan
will in fact achieve every duty of the | 19 | | operator required by this Act. The
Department's approval of a | 20 | | plan shall be based upon the advice of technically
trained | 21 | | foresters, agronomists, economists, engineers, planners and | 22 | | other
relevant experts having experience in reclaiming | 23 | | surface-mined lands, and
having scientific or technical | 24 | | knowledge based upon research into reclaiming
and utilizing | 25 | | surface-mined lands. The Department shall consider all | 26 | | testimony
presented at the public hearings as provided in |
| | | SB1566 Enrolled | - 26 - | LRB097 05492 HLH 45552 b |
|
| 1 | | subsection
(f) of this
Section. In cases where no public | 2 | | hearing is held on a proposed plan, the
Department shall | 3 | | consider written testimony from county boards when submitted
no | 4 | | later than 45 days following filing of the proposed plan with | 5 | | the county
board. The Department shall immediately serve copies | 6 | | of such written testimony
on the applicant and give the | 7 | | applicant a reasonable opportunity to respond
by written | 8 | | testimony. The Department shall consider the short and long
| 9 | | term impact of the proposed mining on vegetation, wildlife, | 10 | | fish, land use,
land values, local tax base, the economy of the | 11 | | region and the State,
employment
opportunities, air pollution, | 12 | | water pollution, soil contamination, noise
pollution and | 13 | | drainage. The Department may consider feasible
alternative
| 14 | | uses for which reclamation might prepare the land to be | 15 | | affected and may
analyze the relative costs and effects of such | 16 | | alternatives. Whenever the
Department does not approve the | 17 | | operator's plan, and whenever the plan approved
by the | 18 | | Department does not conform to the views of the county board | 19 | | expressed
in accordance with subsection (f) of this Section, | 20 | | the
Department shall
issue a statement of its reasons for its | 21 | | determination and shall make such
statement public. The | 22 | | approved plan shall be filed by the applicant with
the clerk of | 23 | | each county containing lands to be affected and such plan shall
| 24 | | be available for public inspection at the office of the clerk | 25 | | until reclamation
is completed and the bond is released in | 26 | | accordance 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 | 2 | | the operator,
and approval of the conservation and reclamation | 3 | | plan by the Department,
the Department shall issue a permit to | 4 | | the applicant which shall entitle
him to engage thereafter in | 5 | | surface mining on the land therein described
until the tenth | 6 | | succeeding June 30, the period for which such
permits are
| 7 | | issued being hereafter referred to as the "permit period".
| 8 | | (i) The operator may transfer any existing permit to a | 9 | | second operator,
after first notifying the Department of the | 10 | | intent to transfer said permit.
The Department shall transfer | 11 | | any existing permit to a second party upon
written notification | 12 | | from both parties and the posting of an adequate
performance | 13 | | bond 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 | 18 | | prescribed by
the
Civil Administrative Code of Illinois, it | 19 | | shall have full power and
authority to carry out and administer | 20 | | the provisions of this Act.
These powers shall include, but are | 21 | | not limited to, the imposition of the
following fees to enable | 22 | | the 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 | 22 | | July 1, 1995 for
every surface mine operator, active mining | 23 | | site, and active aggregate blasting
operation of record as of | 24 | | that date and on July 1 of each year thereafter.
The fees | 25 | | assessed under this Section are in addition to any other fees | 26 | | required
by law.
|
| | | SB1566 Enrolled | - 29 - | LRB097 05492 HLH 45552 b |
|
| 1 | | (c) All fees assessed under this Section shall be submitted | 2 | | to the
Department no later than 30 days from the date listed on | 3 | | the Department's
annual fee assessment letter sent to the | 4 | | surface mine operator. If the
operator is delinquent in the | 5 | | payment of the fees assessed under this Section,
no further | 6 | | permits or certifications shall be issued to the operator until
| 7 | | the delinquent fees
have been paid. Moreover, if the operator | 8 | | is delinquent for more than 60 days
in the payment of fees | 9 | | assessed under this Section, the Department shall take
the | 10 | | action, in accordance with Section 13 of this Act, necessary to | 11 | | enjoin
further surface mining and aggregate blasting
| 12 | | operations 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 | 15 | | and Reclamation Act is amended by changing Section 2.05 as | 16 | | follows:
| 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 | 19 | | the Department, a A permit application shall be accompanied
by | 20 | | a fee based on the number of surface acres of land to be | 21 | | affected by
the proposed operation. Such fees shall be | 22 | | established by the Department
by rule. An application for | 23 | | renewal of a permit under Section 2.07 may
be filed without | 24 | | payment of an additional fee. The Department shall assess, by |
| | | SB1566 Enrolled | - 30 - | LRB097 05492 HLH 45552 b |
|
| 1 | | rule, 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 | 4 | | changing 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, | 7 | | convert,
or amend shall be accompanied by the required fee, not | 8 | | to exceed $300 $100 , which
the Department shall establish by | 9 | | rule. A fee of $50 $15 per well shall be paid by
the new owner | 10 | | for each transfer of well ownership , except when multiple
wells | 11 | | are acquired and transferred as a part of the same transaction, | 12 | | the
fee shall be calculated at the rate of $15 per well for the | 13 | | first 50 wells,
and $10 for each additional well in excess of | 14 | | 50 . Except for the
assessments required to be deposited in the | 15 | | Plugging and Restoration Fund
under Section 19.7 of this Act, | 16 | | all fees assessed and collected under this
Act shall be | 17 | | deposited in the Underground Resources Conservation | 18 | | Enforcement
Fund. The monies deposited into the Plugging and | 19 | | Restoration Fund or the Underground Resources Conservation | 20 | | Enforcement Fund under this Section shall not be subject to | 21 | | administrative charges or chargebacks unless otherwise | 22 | | authorized 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 | 3 | | well fees from each
permittee in the amount of $75 per well for | 4 | | the first 100 wells and a $50 fee for each well in excess of 100 | 5 | | for which a permit is required under this Act. as follows:
| 6 | | (a) Permittees of permits for one well shall pay an annual | 7 | | fee of $150.
| 8 | | (b) Permittees of permits for 2 through 5 wells shall pay | 9 | | an annual fee
of $300.
| 10 | | (c) Permittees of permits for 6 through 25 wells shall pay | 11 | | an annual fee
of $750.
| 12 | | (d) Permittees of permits for 26 through 100 wells shall | 13 | | pay an annual
fee of $1,500.
| 14 | | (e) Permittees of permits for over 100 wells shall pay an | 15 | | annual fee of
$1,500 plus an additional $12.50 for each well in | 16 | | excess of 100.
| 17 | | Fees shall be assessed for each calendar year commencing in | 18 | | 1991 for all
wells of record as of July 1, 1991 and July 1 of | 19 | | each year thereafter. The
fees assessed by the Department under | 20 | | this Section are in addition to any
other fees required by law. | 21 | | All fees assessed under this Section shall be
submitted to the | 22 | | Department no later than 30 days from the date listed on
the | 23 | | annual fee assessment letter sent to the permittee. Of the fees
| 24 | | assessed and collected by the Department each year under this | 25 | | Section, 50%
shall be deposited into the Underground Resources | 26 | | Conservation Enforcement
Fund, and 50% shall be deposited into |
| | | SB1566 Enrolled | - 32 - | LRB097 05492 HLH 45552 b |
|
| 1 | | the Plugging and Restoration Fund
unless, total fees assessed | 2 | | and collected for any calendar year exceed
$1,500,000; then, | 3 | | $750,000 shall be deposited into the Underground
Resources | 4 | | Conservation Enforcement Fund and the balance of the fees
| 5 | | assessed and collected shall be deposited into the Plugging and | 6 | | Restoration
Fund. Upon request of the Department to the | 7 | | Comptroller and Treasurer, the
Comptroller and Treasurer shall | 8 | | make any interfund transfers necessary to
effect the | 9 | | allocations required by this Section.
| 10 | | The monies deposited into the Plugging and Restoration Fund | 11 | | or the Underground Resources Conservation Enforcement Fund | 12 | | under this Section shall not be subject to administrative | 13 | | charges 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 | 17 | | permits for the
drilling of wells and to regulate the spacing | 18 | | of wells for oil and gas
purposes. For the prevention of waste, | 19 | | to protect and enforce the
correlative rights of owners in the | 20 | | pool, and to prevent the drilling of
unnecessary wells, the | 21 | | Department shall, upon application of any
interested person and | 22 | | after notice and hearing, establish a drilling unit
or units | 23 | | for the production of oil and gas or either of them for each | 24 | | pool,
provided that no spacing regulation shall be adopted nor | 25 | | drilling unit
established which requires the allocation of more |
| | | SB1566 Enrolled | - 33 - | LRB097 05492 HLH 45552 b |
|
| 1 | | than 40 acres of surface
area nor less than 10 acres of surface | 2 | | area to an individual well for
production of oil from a pool | 3 | | the top of which lies less than 4,000 feet
beneath the surface | 4 | | (as determined by the original or discovery well in the
pool), | 5 | | provided, however, that the Department may
permit the | 6 | | allocation
of greater acreage to an individual well than that | 7 | | above specified, and
provided further that the spacing of wells | 8 | | in any pool the top of which
lies less than 4,000 feet beneath | 9 | | the surface (as determined by the
original or discovery well in | 10 | | the pool) shall not include the fixing of a
pattern except with | 11 | | respect to the 2 nearest external boundary lines of
each | 12 | | drilling unit, and provided further that no acreage allocation | 13 | | shall
be required for input or injection wells nor for | 14 | | producing wells lying
within a secondary recovery unit as now | 15 | | or hereafter established.
| 16 | | (b) Drilling units shall be of approximately uniform size | 17 | | and shape for
each entire pool, except that where circumstances | 18 | | reasonably require, the
Department may grant exceptions to the | 19 | | size or shape
of any drilling unit
or units. Each order | 20 | | establishing drilling units shall specify the size and
shape of | 21 | | the unit, which shall be such as will result in the efficient | 22 | | and
economical development of the pool as a whole, and subject | 23 | | to the
provisions of subsection (a) hereof the size of no | 24 | | drilling unit shall be
smaller than the maximum area that can | 25 | | be efficiently and economically
drained by one well. Each order | 26 | | establishing drilling units for a pool
shall cover all lands |
| | | SB1566 Enrolled | - 34 - | LRB097 05492 HLH 45552 b |
|
| 1 | | determined or believed to be underlaid by such pool,
and may be | 2 | | modified by the Department from time to time to include
| 3 | | additional lands determined to be underlaid by such pool. Each | 4 | | order
establishing drilling units may be modified by the | 5 | | Department to change
the size thereof, or to permit the | 6 | | drilling of additional wells.
| 7 | | (b-2) Any petition requesting a drilling unit exception | 8 | | shall be accompanied by a non-refundable application fee in the | 9 | | amount of $1,500 for a Modified Drilling Unit or Special | 10 | | Drilling Unit or a non-refundable application fee in the amount | 11 | | of $2,500 for a Pool-Wide Drilling Unit. | 12 | | (c) Each order establishing drilling units shall prohibit | 13 | | the drilling
of more than one well on any drilling unit for the | 14 | | production of oil or gas
from the particular pool with respect | 15 | | to which the drilling unit is
established and subject to the | 16 | | provisions of subsection (a) hereof shall
specify the location | 17 | | for the drilling of such well thereon, in accordance
with a | 18 | | reasonably uniform spacing pattern, with necessary exceptions | 19 | | for
wells drilled or drilling at the time of the application. | 20 | | If the Department
finds, after notice and hearing, that surface | 21 | | conditions would
substantially add to the burden or hazard of | 22 | | drilling such well at the
specified location, or for some other | 23 | | reason it would be inequitable or
unreasonable to require a | 24 | | well to be drilled at the specified location, the
Department | 25 | | may issue an order permitting the well to be drilled at a
| 26 | | location other than that specified in the order establishing |
| | | SB1566 Enrolled | - 35 - | LRB097 05492 HLH 45552 b |
|
| 1 | | drilling
units.
| 2 | | (d) After the date of the notice for a hearing called to | 3 | | establish
drilling units, no additional well shall be commenced | 4 | | for production from
the pool until the order establishing | 5 | | drilling units has been issued,
unless the commencement of the | 6 | | well is authorized by order of the Department.
| 7 | | (e) After an order establishing a drilling unit or units | 8 | | has been issued
by the Department, the commencement of drilling | 9 | | of any
well or wells into
the pool with regard to which such | 10 | | unit was established for the purpose of
producing oil or gas | 11 | | therefrom, at a location other than that authorized by
the | 12 | | order, or by order granting exception to the original spacing | 13 | | order, is
hereby prohibited. The operation of any well drilled | 14 | | in violation of an
order establishing drilling units is hereby | 15 | | prohibited.
| 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
| 20 | | having an interest in the right to drill into and produce oil | 21 | | or gas from
any pool, and to appropriate the production for | 22 | | such owner or others.
| 23 | | (b) Except as provided in subsection (b-5), when 2 or more | 24 | | separately
owned tracts of land are embraced
within an | 25 | | established drilling unit, or when there are separately owned
|
| | | SB1566 Enrolled | - 36 - | LRB097 05492 HLH 45552 b |
|
| 1 | | interests in all or a part of such units, the owners of all oil | 2 | | and gas
interests therein may validly agree to integrate their | 3 | | interests and to
develop their lands as a drilling unit.
Where, | 4 | | however, such owners have
not agreed to integrate their | 5 | | interests and where no action has been
commenced seeking | 6 | | permission to drill pursuant to the provisions of "An Act
in | 7 | | relation to oil and gas interests in land", approved July 1, | 8 | | 1939, and
where at least one of the owners has drilled or has | 9 | | proposed to drill a
well on an established drilling unit the | 10 | | Department on the application of
an owner shall, for the | 11 | | prevention of waste or to avoid the drilling of
unnecessary | 12 | | wells, require such owners to do so and to develop their lands
| 13 | | as a drilling unit. The Department, as a part of the order | 14 | | integrating
interests, may prescribe the terms and conditions | 15 | | upon which the royalty
interests in the unit or units shall, in | 16 | | the absence of voluntary
agreement, be determined to be | 17 | | integrated without the necessity of a
subsequent separate order | 18 | | integrating the royalty interests. Each such
integration order | 19 | | shall be upon terms and conditions that are just and
| 20 | | reasonable.
| 21 | | (b-5) When 2 or more separately owned tracts of land are | 22 | | embraced within
an established drilling unit, or when there are | 23 | | separately owned interests in
all or a part of the unit, and | 24 | | one of the owners is the Department of
Natural Resources, | 25 | | integration of the separate tracts shall be allowed only
if, | 26 | | following a comprehensive environmental impact review |
| | | SB1566 Enrolled | - 37 - | LRB097 05492 HLH 45552 b |
|
| 1 | | performed by the
Department, the Department determines that no | 2 | | substantial or irreversible
detrimental harm will occur on | 3 | | Department lands as a result of any proposed
activities | 4 | | relating to mineral extraction. The environmental impact | 5 | | review
shall include but shall not be
limited to an assessment | 6 | | of the potential destruction or depletion of flora and
fauna, | 7 | | wildlife and its supporting habitat, surface and subsurface | 8 | | water
supplies, aquatic life, and recreational activities | 9 | | located on the land
proposed to be integrated. The Department | 10 | | shall adopt rules necessary to
implement this subsection.
| 11 | | (b-6) All proceeds, bonuses, rentals, royalties, and other | 12 | | inducements and
considerations received from the integration | 13 | | of Department of Natural Resources
lands that have not been | 14 | | purchased by the Department of Natural Resources with
moneys | 15 | | appropriated from the Wildlife and Fish Fund shall be deposited | 16 | | as
follows: at least 50% of the amounts received shall be | 17 | | deposited into the
State Parks Fund and not more than 50% shall | 18 | | be deposited into the Plugging and
Restoration Fund.
| 19 | | (c) All orders requiring such integration shall be made | 20 | | after notice and
hearing and shall be upon terms and conditions | 21 | | that are just and reasonable
and will afford to the owners of | 22 | | all oil and gas interests in each tract in
the drilling unit | 23 | | the opportunity to recover or receive their just and
equitable | 24 | | share of oil or gas from the drilling unit without unreasonable
| 25 | | expense and will prevent or minimize reasonably avoidable | 26 | | drainage from
each integrated drilling unit which is not |
| | | SB1566 Enrolled | - 38 - | LRB097 05492 HLH 45552 b |
|
| 1 | | equalized by counter drainage,
but the Department may not limit | 2 | | the production from any well under this
provision. The request | 3 | | shall be made by petition accompanied by a non-refundable | 4 | | application fee of $1,500. The fee shall be deposited into the | 5 | | Underground Resources Conservation Enforcement Fund. The | 6 | | monies deposited into the Underground Resources Conservation | 7 | | Enforcement Fund under this subsection shall not be subject to | 8 | | administrative charges or chargebacks unless otherwise | 9 | | authorized by this Act.
| 10 | | (d) All operations, including, but not limited to, the | 11 | | commencement,
drilling, or operation of a well upon any portion | 12 | | of a drilling unit shall
be deemed for all purposes the conduct | 13 | | of such operations upon each
separately owned tract in the | 14 | | drilling unit by the several owners thereof.
That portion of | 15 | | the production allocated to a separately owned tract
included | 16 | | in a drilling unit shall, when produced, be deemed, for all
| 17 | | purposes, to have been actually produced from such tract by a | 18 | | well drilled
thereon.
| 19 | | (e) In making the determination of integrating separately | 20 | | owned
interests, and determining to whom the permit should be | 21 | | issued, 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 | 8 | | drilling, testing,
completing, equipping, and operation of a | 9 | | well on the drilling unit;
provide who may drill and operate | 10 | | the well; prescribe the time and manner
in which all the owners | 11 | | in the drilling unit may elect to participate
therein; and make | 12 | | provision for the payment by all those who elect to
participate | 13 | | therein of the reasonable actual cost thereof, plus a
| 14 | | reasonable charge for supervision and interest. Should an owner | 15 | | not elect
to voluntarily participate in the risk and costs of | 16 | | the drilling, testing,
completing and operation of a well as | 17 | | determined by the Department, the
integration order shall | 18 | | provide 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 | 7 | | oil and gas
rights in and under an unleased tract of land shall | 8 | | be regarded as a lessee
to the extent of a 7/8 interest in and | 9 | | to said rights and a lessor to the
extent of the remaining 1/8 | 10 | | interest therein.
| 11 | | (h) In the event of any dispute relative to costs and | 12 | | expenses of
drilling, testing, equipping, completing and | 13 | | operating a well, the
Department shall determine the proper | 14 | | costs after due notice to interested
parties and a hearing | 15 | | thereon. The operator of such unit, in addition to
any other | 16 | | right provided by the integration order of the Department, | 17 | | shall
have a lien on the mineral leasehold estate or rights | 18 | | owned by the other
owners therein and upon their shares of the | 19 | | production from such unit to
the extent that costs incurred in | 20 | | the development and operation upon said
unit are a charge | 21 | | against such interest by order of the Department or by
| 22 | | operation of law. Such liens shall be separable as to each | 23 | | separate owner
within such unit, and shall remain liens until | 24 | | the owner or owners drilling
or operating the well have been | 25 | | paid the amount due under the terms of the
integration order. | 26 | | The Department is specifically authorized to provide
that the |
| | | SB1566 Enrolled | - 41 - | LRB097 05492 HLH 45552 b |
|
| 1 | | owner or owners drilling, or paying for the drilling, or for | 2 | | the
operation of a well for the benefit of all shall be | 3 | | entitled to production
from such well which would be received | 4 | | by the owner or owners for whose
benefit the well was drilled | 5 | | or operated, after payment of royalty, until
the owner or | 6 | | owners drilling or operating the well have been paid the
amount | 7 | | due under the terms of the integration order settling such | 8 | | dispute.
| 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
| 12 | | interested person,
shall hold a public hearing to consider the | 13 | | need for operating a pool, pools,
or any portion thereof, as a | 14 | | unit to enable, authorize and require operations
which will | 15 | | increase the ultimate recovery of oil and gas, prevent the | 16 | | waste
of oil and gas, and protect correlative rights of the | 17 | | owners 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
| 21 | | Department,
the petitioner may file or cause to be filed, in | 22 | | the office of the recorder
for the county or counties in which | 23 | | the affected lands sought to be unitized
are located, a notice | 24 | | setting 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 | 18 | | changing 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 | 22 | | for 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 | 20 | | be charged
for reissuing any lifetime license. The Department | 21 | | may establish rules and
regulations for the issuance and use of | 22 | | lifetime licenses and may suspend
or revoke any lifetime | 23 | | license issued under this Section for violations of
those rules | 24 | | or regulations or other provisions under this Code or the
| 25 | | Wildlife Code. Individuals under 16 years of age who possess a | 26 | | lifetime
hunting or sportsmen's combination license shall have |
| | | SB1566 Enrolled | - 48 - | LRB097 05492 HLH 45552 b |
|
| 1 | | in their possession,
while in the field, a certificate of | 2 | | competency as required under Section
3.2 of the Wildlife Code. | 3 | | Any lifetime license issued under this Section
shall not exempt | 4 | | individuals from obtaining additional stamps or permits
| 5 | | required under the provisions of this Code or the Wildlife | 6 | | Code.
Individuals required to purchase additional stamps shall | 7 | | sign the stamps
and have them in their possession while fishing | 8 | | or hunting with a lifetime
license. All fees received from the | 9 | | issuance
of lifetime licenses shall be deposited in the Fish | 10 | | and Wildlife Endowment
Fund.
| 11 | | Except for licenses issued under subsection (e) of this | 12 | | Section, all
licenses provided for in this Section shall expire | 13 | | on March 31 of
each year, except that the license provided for | 14 | | in subsection (d) of
this Section shall expire 24 hours after | 15 | | the effective date and time listed
on the face of the license.
| 16 | | All individuals required to have and failing to have the | 17 | | license provided
for in subsection (a) or (d) of this Section | 18 | | shall be fined according to the
provisions of Section 20-35 of | 19 | | this Code.
| 20 | | All individuals required to have and failing to have the | 21 | | licenses
provided for in subsections (b) and (e) of this | 22 | | Section 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 |
|
| 1 | | for 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 | 15 | | be charged
for reissuing any lifetime license. The Department | 16 | | may establish rules and
regulations for the issuance and use of | 17 | | lifetime licenses and may suspend
or revoke any lifetime | 18 | | license issued under this Section for violations of
those rules | 19 | | or regulations or other provisions under this Code or the
| 20 | | Wildlife Code. Individuals under 16 years of age who possess a | 21 | | lifetime
hunting or sportsmen's combination license shall have | 22 | | in their possession,
while in the field, a certificate of | 23 | | competency as required under Section
3.2 of the Wildlife Code. | 24 | | Any lifetime license issued under this Section
shall not exempt | 25 | | individuals from obtaining additional stamps or permits
| 26 | | required under the provisions of this Code or the Wildlife |
| | | SB1566 Enrolled | - 53 - | LRB097 05492 HLH 45552 b |
|
| 1 | | Code.
Individuals required to purchase additional stamps shall | 2 | | sign the stamps
and have them in their possession while fishing | 3 | | or hunting with a lifetime
license. All fees received from the | 4 | | issuance
of lifetime licenses shall be deposited in the Fish | 5 | | and Wildlife Endowment
Fund.
| 6 | | Except for licenses issued under subsection (e) of this | 7 | | Section, all
licenses provided for in this Section shall expire | 8 | | on March 31 of
each year, except that the license provided for | 9 | | in subsection (d) of
this Section shall expire 24 hours after | 10 | | the effective date and time listed
on the face of the license.
| 11 | | All individuals required to have and failing to have the | 12 | | license provided
for in subsection (a) or (d) of this Section | 13 | | shall be fined according to the
provisions of Section 20-35 of | 14 | | this Code.
| 15 | | All individuals required to have and failing to have the | 16 | | licenses
provided for in subsections (b) and (e) of this | 17 | | Section 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 | 21 | | licenses for
non-residents of the State of Illinois are as | 22 | | follows:
| 23 | | (a) For sport fishing devices as defined by Section
10-95, | 24 | | or spearing
devices as defined in Section 10-110, non-residents | 25 | | age 16 or older shall be
charged $31 for a fishing license to |
| | | SB1566 Enrolled | - 54 - | LRB097 05492 HLH 45552 b |
|
| 1 | | fish. For sport fishing devices as defined
by Section 10-95, or | 2 | | spearing devices as defined in Section 10-110, for a
period not | 3 | | to exceed 3 10 consecutive days fishing in the State of | 4 | | Illinois the
fee is $15.00 $19.50 .
| 5 | | For sport fishing devices as defined in Section 10-95,
or | 6 | | spearing
devices as defined in Section 10-110, for 24 hours of | 7 | | fishing the fee is $10 $5 . This license does not exempt exempts | 8 | | the licensee from
the salmon or inland trout stamp requirement.
| 9 | | (b) All non-residents before using any commercial fishing | 10 | | device
shall obtain a non-resident commercial fishing license, | 11 | | the fee for
which shall be $300 and a non-resident fishing | 12 | | licensing $150 . Each and every commercial device shall be
| 13 | | licensed 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 | 23 | | license provided
for in subsection (a) of this Section shall be | 24 | | fined under Section 20-35
of this Code. Each person required to | 25 | | have 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 | 2 | | March 31 of
each year; except that the 24-hour license for | 3 | | sport fishing devices or
spearing devices shall
expire 24 hours | 4 | | after the effective date and time listed on the face of the
| 5 | | license and licenses for sport fishing devices
or spearing
| 6 | | devices for a period not to exceed 3 10 consecutive days | 7 | | fishing in the
State of Illinois as provided in subsection (a) | 8 | | of this Section shall
expire at midnight on the tenth day after | 9 | | issued, 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 | 12 | | Sections 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 | 15 | | of owls,
falcons, hawks, kites, harriers, ospreys and eagles. | 16 | | It shall be unlawful
for any person, organization or | 17 | | institution to take or possess a bird of
prey (raptor) without | 18 | | first obtaining a license or appropriate permit from
the | 19 | | Department. All applicants must be at least 14 years of age.
| 20 | | Regulations for the capture, use, possession and | 21 | | transportation of birds of
prey for falconry or captive | 22 | | propagation purposes are provided by
administrative rule. The | 23 | | fee for a falconry license is $200 $75 for 5 3 years and
must be | 24 | | renewed every 5 3 years. The fee for a captive propagation |
| | | SB1566 Enrolled | - 56 - | LRB097 05492 HLH 45552 b |
|
| 1 | | permit is
$200 $75 for 5 3 years and must be renewed every 5 3 | 2 | | years. The fee for a raptor
capture permit for a resident of | 3 | | the State of Illinois is $50 $30 per year.
The fee for a | 4 | | non-resident raptor capture permit is $100 $50 per year. A
| 5 | | Scientific Collectors Permit, available at no charge to | 6 | | qualified
individuals as provided in Section 3.22 of this Act, | 7 | | may be obtained from
the Department for scientific, educational | 8 | | or zoological purposes. No
person may have in their possession | 9 | | Bald Eagle, Haliaeetus leucocephalus;
Osprey, Pandion | 10 | | haliaeetus; or Barn Owl, Tyto alba. All captive-held birds
of | 11 | | prey must be permanently marked as provided by administrative | 12 | | rule. The
use of birds of prey for the hunting of game birds, | 13 | | migratory birds, game
mammals, and furbearing mammals shall be | 14 | | lawful during falconry seasons,
which shall be set by | 15 | | administrative 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 | 19 | | permits. Scientific permits may be granted by the Department to | 20 | | any properly accredited
person at least 18 years of age, | 21 | | permitting the capture, marking, handling, banding, or | 22 | | collecting
(including fur, hide, skin, teeth, feathers, claws, | 23 | | nests, eggs, or young),
for strictly scientific purposes, of | 24 | | any of the fauna now protected
under this Code. A special | 25 | | purpose permit may be granted to qualified
individuals for the |
| | | SB1566 Enrolled | - 57 - | LRB097 05492 HLH 45552 b |
|
| 1 | | purpose of salvaging dead, sick, orphaned, or
crippled wildlife | 2 | | species protected by this Act for permanent donation to
bona | 3 | | fide public or state scientific, educational or zoological
| 4 | | institutions or, for the purpose of rehabilitation and | 5 | | subsequent release
to the wild, or other
disposal as directed | 6 | | by the Department.
Private educational organizations may be | 7 | | granted a special purpose permit to possess wildlife or parts | 8 | | thereof for educational purposes. A special purpose permit is | 9 | | required prior to treatment, administration, or both of any | 10 | | wild fauna protected by this Code that is captured, handled, or | 11 | | both in the wild or will be released to the wild with any type | 12 | | of chemical or other compound (including but not limited to | 13 | | vaccines, inhalants, medicinal agents requiring oral or dermal | 14 | | application) regardless of means of delivery, except that | 15 | | individuals and organizations removing or destroying wild | 16 | | birds and wild mammals under Section 2.37 of this Code or | 17 | | releasing game birds under Section 3.23 of this Code are not | 18 | | required to obtain those special purpose permits. Treatment | 19 | | under this special purpose permit means to effect a cure or | 20 | | physiological change within the animal. The criteria, | 21 | | definitions, application process, fees, and standards for a | 22 | | scientific or special purpose permit shall be provided by | 23 | | administrative rule. The annual fee for a scientific or special | 24 | | purpose permit shall not exceed $100. The Department shall set | 25 | | forth applicable regulations in an administrative rule | 26 | | covering qualifications and facilities needed to obtain both a |
| | | SB1566 Enrolled | - 58 - | LRB097 05492 HLH 45552 b |
|
| 1 | | scientific and a special purpose permit. The application for | 2 | | these permits shall be approved by the Department to determine | 3 | | if a permit should be issued. Disposition of fauna taken under | 4 | | the authority of this Section shall be specified by the | 5 | | Department.
| 6 | | The holder of each such scientific or special purpose | 7 | | permit shall make to the Department a report in writing
upon | 8 | | blanks furnished by the Department. Such reports shall be made | 9 | | (i) annually if the permit is granted for a period of more than | 10 | | one year or (ii) within 30 days after the expiration of the | 11 | | permit if the permit is granted for a period of one year or | 12 | | less. Such reports shall include information
which the | 13 | | Department may consider necessary.
| 14 | | (Source: P.A. 96-979, eff. 7-2-10.)
| 15 | | Section 90-57. The Illinois Natural Areas Preservation Act | 16 | | is 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 | 19 | | and records
of nature preserves, other natural areas and | 20 | | features, and species of plants
and animals and their habitats | 21 | | and establish a fee, by rule, to be collected to recover the | 22 | | actual cost of collecting, storing, managing, compiling, and | 23 | | providing access to such inventories, registers, and records. | 24 | | All fees collected under this Section shall be deposited into |
| | | SB1566 Enrolled | - 59 - | LRB097 05492 HLH 45552 b |
|
| 1 | | the Natural Areas Acquisition Fund. The monies deposited into | 2 | | the Natural Areas Acquisition Fund under this Section shall not | 3 | | be subject to administrative charges or chargebacks unless | 4 | | otherwise authorized by this Act .
| 5 | | (Source: P.A. 82-445.)
| 6 | | Section 90-60. The Rivers, Lakes, and Streams Act is | 7 | | amended by adding Section 35 as follows: | 8 | | (615 ILCS 5/35 new) | 9 | | Sec. 35. Permit fees. The Department of Natural Resources | 10 | | shall collect a fee of up to $5,000 per application for permits | 11 | | issued under this Act. The Department of Natural Resources | 12 | | shall set the specific fee applicable to different permits | 13 | | issued under this Act by administrative rule, provided that no | 14 | | fee exceeds $5,000. All fees collected pursuant to this Section | 15 | | shall be deposited in the State Boating Act Fund for use by the | 16 | | Department of Natural Resources for the ordinary and contingent | 17 | | expenses of the Department of Natural Resources. No permit | 18 | | application shall be processed until the application fee is | 19 | | paid to the Department of Natural Resources. The monies | 20 | | deposited into the State Boating Act Fund under this Section | 21 | | shall not be subject to administrative charges or chargebacks | 22 | | unless otherwise authorized by this Act. | 23 | | Section 90-80. The Illinois Vehicle Code is amended by |
| | | SB1566 Enrolled | - 60 - | LRB097 05492 HLH 45552 b |
|
| 1 | | changing 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 | 5 | | deposited in
the Common School Fund in the State Treasury.
| 6 | | (b) Beginning January 1, 1990 and concluding December 31, | 7 | | 1994, of the
money collected for each certificate of title, | 8 | | duplicate certificate of
title and corrected certificate of | 9 | | title, $0.50 shall be deposited into the
Used Tire Management | 10 | | Fund. Beginning January 1, 1990 and concluding
December 31, | 11 | | 1994, of the money collected for each certificate of title,
| 12 | | duplicate certificate of title and corrected certificate of | 13 | | title, $1.50
shall be deposited in the Park and Conservation | 14 | | Fund.
| 15 | | Beginning January 1, 1995, of the money collected for each | 16 | | certificate of
title, duplicate certificate of title and | 17 | | corrected certificate of title, $3.25 $2
shall be deposited in | 18 | | the Park and Conservation Fund. The moneys deposited in
the | 19 | | Park and Conservation Fund pursuant to this Section shall be | 20 | | used for the
acquisition and development of bike paths as | 21 | | provided for in Section 805-420 of
the Department of Natural | 22 | | Resources (Conservation) Law (20 ILCS 805/805-420). The monies | 23 | | deposited into the Park and Conservation Fund under this | 24 | | subsection shall not be subject to administrative charges or | 25 | | chargebacks 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 | 2 | | certificate of title, duplicate certificate of title,
and | 3 | | corrected certificate of title, $48 shall be deposited into the | 4 | | Road Fund
and $4 shall be deposited into the Motor Vehicle | 5 | | License Plate Fund, except
that if the balance in the Motor | 6 | | Vehicle License Plate Fund exceeds $40,000,000
on the last day | 7 | | of a calendar month, then during the next calendar month the $4
| 8 | | shall instead be deposited into the Road Fund.
| 9 | | Beginning January 1, 2005, of the moneys collected for each | 10 | | delinquent vehicle registration renewal fee, $20 shall be | 11 | | deposited into the General Revenue Fund. | 12 | | Except as otherwise provided in this Code, all remaining | 13 | | moneys collected
for certificates of title, and all moneys | 14 | | collected for filing of security
interests, shall be placed in | 15 | | the General Revenue Fund in the State Treasury.
| 16 | | (c) All moneys collected for that portion of a driver's | 17 | | license fee
designated for driver education under Section 6-118 | 18 | | shall be placed in
the Driver Education Fund in the State | 19 | | Treasury.
| 20 | | (d) Beginning January 1, 1999, of the monies collected as a | 21 | | registration
fee for each motorcycle, motor driven cycle and | 22 | | moped, 27%
of each annual registration fee for such vehicle and | 23 | | 27% of each semiannual
registration fee for such vehicle is | 24 | | deposited in the Cycle Rider Safety
Training Fund.
| 25 | | (e) Of the monies received by the Secretary of State as | 26 | | registration
fees or taxes or as payment of any other fee, as |
| | | SB1566 Enrolled | - 62 - | LRB097 05492 HLH 45552 b |
|
| 1 | | provided in this Act, except
fees received by the Secretary | 2 | | under paragraph (7) of subsection (b) of Section
5-101 and | 3 | | Section 5-109 of this Code, 37% shall be deposited into the | 4 | | State
Construction Fund.
| 5 | | (f) Of the total money collected for a CDL instruction | 6 | | permit or
original or renewal issuance of a commercial driver's | 7 | | license (CDL)
pursuant to the Uniform Commercial Driver's | 8 | | License Act (UCDLA): (i) $6 of the
total fee for an original or | 9 | | renewal CDL, and $6 of the total CDL
instruction permit fee | 10 | | when such permit is issued to any person holding a
valid | 11 | | Illinois driver's license, shall be paid into the | 12 | | CDLIS/AAMVAnet
Trust Fund (Commercial Driver's License | 13 | | Information System/American
Association of Motor Vehicle | 14 | | Administrators network Trust Fund) and shall
be used for the | 15 | | purposes 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 | 17 | | commercial
driver instruction permit shall be paid
into the | 18 | | Motor Carrier Safety Inspection Fund, which is hereby created | 19 | | as a
special fund in the State Treasury, to be used by
the | 20 | | Department
of State Police, subject to appropriation, to hire | 21 | | additional officers to
conduct motor carrier safety
| 22 | | inspections
pursuant to Chapter 18b of this Code.
| 23 | | (g) All remaining moneys received by the Secretary of State | 24 | | as
registration fees or taxes or as payment of any other fee, | 25 | | as provided in
this Act, except fees received by the Secretary | 26 | | under paragraph (7)(A) of
subsection (b) of Section 5-101 and |
| | | SB1566 Enrolled | - 63 - | LRB097 05492 HLH 45552 b |
|
| 1 | | Section 5-109 of this Code,
shall be deposited in the Road Fund | 2 | | in the State Treasury. Moneys
in the Road Fund shall be used | 3 | | for the purposes provided in
Section 8.3 of the State Finance | 4 | | Act.
| 5 | | (h) (Blank).
| 6 | | (i) (Blank).
| 7 | | (j) (Blank).
| 8 | | (k) There is created in the State Treasury a special fund | 9 | | to be known as
the Secretary of State Special License Plate | 10 | | Fund. Money deposited into the
Fund shall, subject to | 11 | | appropriation, be used by the Office of the Secretary
of State | 12 | | (i) to help defray plate manufacturing and plate processing | 13 | | costs
for the issuance and, when applicable, renewal of any new | 14 | | or existing
registration plates authorized under this Code and | 15 | | (ii) for grants made by the
Secretary of State to benefit | 16 | | Illinois Veterans Home libraries.
| 17 | | On or before October 1, 1995, the Secretary of State shall | 18 | | direct the
State Comptroller and State Treasurer to transfer | 19 | | any unexpended balance in
the Special Environmental License | 20 | | Plate Fund, the Special Korean War Veteran
License Plate Fund, | 21 | | and the Retired Congressional License Plate Fund to the
| 22 | | Secretary of State Special License Plate Fund.
| 23 | | (l) The Motor Vehicle Review Board Fund is created as a | 24 | | special fund in
the State Treasury. Moneys deposited into the | 25 | | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | 26 | | Section 5-109 shall,
subject to appropriation, be used by the |
| | | SB1566 Enrolled | - 64 - | LRB097 05492 HLH 45552 b |
|
| 1 | | Office of the Secretary of State to
administer the Motor | 2 | | Vehicle Review Board, including without
limitation payment of | 3 | | compensation and all necessary expenses incurred in
| 4 | | administering the Motor Vehicle Review Board under the Motor | 5 | | Vehicle Franchise
Act.
| 6 | | (m) Effective July 1, 1996, there is created in the State
| 7 | | Treasury a special fund to be known as the Family | 8 | | Responsibility Fund. Moneys
deposited into the Fund shall, | 9 | | subject to appropriation, be used by the Office
of the | 10 | | Secretary of State for the purpose of enforcing the Family | 11 | | Financial
Responsibility Law.
| 12 | | (n) The Illinois Fire Fighters' Memorial Fund is created as | 13 | | a special
fund in the State Treasury. Moneys deposited into the | 14 | | Fund shall, subject
to appropriation, be used by the Office of | 15 | | the State Fire Marshal for
construction of the Illinois Fire | 16 | | Fighters' Memorial to be located at the
State Capitol grounds | 17 | | in Springfield, Illinois. Upon the completion of the
Memorial, | 18 | | moneys in the Fund shall be used in accordance with Section | 19 | | 3-634.
| 20 | | (o) Of the money collected for each certificate of title | 21 | | for all-terrain
vehicles and off-highway motorcycles, $17 | 22 | | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| 23 | | (p) For audits conducted on or after July 1, 2003 pursuant | 24 | | to Section
2-124(d) of this Code, 50% of the money collected as | 25 | | audit 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
| 3 | | Division. Every owner of any other motor vehicle of the first
| 4 | | division, except as provided in Sections 3-804, 3-804.01, | 5 | | 3-805, 3-806.3, 3-806.7, and 3-808,
and every second division | 6 | | vehicle weighing 8,000 pounds or less,
shall pay the Secretary | 7 | | of State an annual registration fee
at the following rates:
|
|
8 | | SCHEDULE OF REGISTRATION FEES |
|
9 | | REQUIRED BY LAW |
|
10 | | Beginning with the 2010 registration year |
|
11 | | |
Annual |
|
|
12 | | |
Fee |
|
|
13 | | Motor vehicles of the first |
| |
|
14 | | division other than |
| |
|
15 | | Motorcycles, Motor Driven |
| |
|
16 | | Cycles and Pedalcycles |
$98 |
|
|
17 | | Motorcycles, Motor Driven |
| |
|
18 | | Cycles and Pedalcycles |
38 |
|
|
19 | | Beginning with the 2010 registration year a $1 surcharge | 20 | | shall be collected in addition to the above fees for motor | 21 | | vehicles of the first division, motorcycles, motor driven | 22 | | cycles, and pedalcycles to be deposited into the State Police | 23 | | Vehicle Fund.
| 24 | | All of the proceeds of the additional fees imposed by |
| | | SB1566 Enrolled | - 66 - | LRB097 05492 HLH 45552 b |
|
| 1 | | Public Act 96-34 shall be deposited into the Capital Projects | 2 | | Fund. | 3 | | Beginning with the 2014 registration year, a $2 surcharge | 4 | | shall be collected in addition to the above fees for motor | 5 | | vehicles of the first division, motorcycles, motor driven | 6 | | cycles, and pedalcycles to be deposited into the Park and | 7 | | Conservation Fund for the Department of Natural Resources to | 8 | | use for conservation efforts. The monies deposited into the | 9 | | Park and Conservation Fund under this Section shall not be | 10 | | subject to administrative charges or chargebacks unless | 11 | | otherwise authorized by this Act. | 12 | | (Source: P.A. 96-34, eff. 7-13-09; 96-747, eff. 1-1-10; | 13 | | 96-1000, 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 | 16 | | division.
| 17 | | (a) Except
as provided in Section 3-806.3, every owner
of a | 18 | | vehicle of the second division registered under Section 3-813, | 19 | | and
not registered under the mileage weight tax under Section | 20 | | 3-818, shall
pay to the Secretary of State, for each | 21 | | registration year, for the use
of the public highways, a flat | 22 | | weight tax at the rates set forth in the
following table, the | 23 | | rates including the $10 registration fee:
| 24 | | SCHEDULE OF FLAT WEIGHT TAX
| 25 | | REQUIRED BY LAW
| |
| | | SB1566 Enrolled | - 67 - | LRB097 05492 HLH 45552 b |
|
| 1 | | Gross Weight in Lbs. |
|
Total Fees |
|
2 | | Including Vehicle |
|
each Fiscal |
|
3 | | and Maximum |
|
year |
|
4 | | Load |
Class |
|
|
5 | | 8,000 lbs. and less |
B |
$98 |
|
6 | | 8,001 lbs. to 12,000 lbs. |
D |
138 |
|
7 | | 12,001 lbs. to 16,000 lbs. |
F |
242 |
|
8 | | 16,001 lbs. to 26,000 lbs. |
H |
490 |
|
9 | | 26,001 lbs. to 28,000 lbs. |
J |
630 |
|
10 | | 28,001 lbs. to 32,000 lbs. |
K |
842 |
|
11 | | 32,001 lbs. to 36,000 lbs. |
L |
982 |
|
12 | | 36,001 lbs. to 40,000 lbs. |
N |
1,202 |
|
13 | | 40,001 lbs. to 45,000 lbs. |
P |
1,390 |
|
14 | | 45,001 lbs. to 50,000 lbs. |
Q |
1,538 |
|
15 | | 50,001 lbs. to 54,999 lbs. |
R |
1,698 |
|
16 | | 55,000 lbs. to 59,500 lbs. |
S |
1,830 |
|
17 | | 59,501 lbs. to 64,000 lbs. |
T |
1,970 |
|
18 | | 64,001 lbs. to 73,280 lbs. |
V |
2,294 |
|
19 | | 73,281 lbs. to 77,000 lbs. |
X |
2,622 |
|
20 | | 77,001 lbs. to 80,000 lbs. |
Z |
2,790 |
|
21 | | Beginning with the 2010 registration year a $1 surcharge | 22 | | shall be collected for vehicles registered in the 8,000 lbs. | 23 | | and less flat weight plate category above to be deposited into | 24 | | the State Police Vehicle Fund.
| 25 | | Beginning with the 2014 registration year, a $2 surcharge | 26 | | shall be collected in addition to the above fees for vehicles |
| | | SB1566 Enrolled | - 68 - | LRB097 05492 HLH 45552 b |
|
| 1 | | registered in the 8,000 lb. and less flat weight plate category | 2 | | as described in this subsection (a) to be deposited into the | 3 | | Park and Conservation Fund for the Department of Natural | 4 | | Resources to use for conservation efforts. The monies deposited | 5 | | into the Park and Conservation Fund under this Section shall | 6 | | not be subject to administrative charges or chargebacks unless | 7 | | otherwise authorized by this Act. | 8 | | All of the proceeds of the additional fees imposed by this | 9 | | amendatory Act of the 96th General Assembly shall be deposited | 10 | | into the Capital Projects Fund. | 11 | | (a-1) A Special Hauling Vehicle is a vehicle or combination | 12 | | of vehicles of
the second
division registered under Section | 13 | | 3-813 transporting asphalt or concrete in the
plastic state or | 14 | | a vehicle or combination of vehicles that are subject to the
| 15 | | gross weight limitations in subsection (a) of Section 15-111 | 16 | | for which the
owner of the
vehicle or combination of vehicles | 17 | | has elected to pay, in addition to the
registration fee in | 18 | | subsection (a), $125 to the Secretary of State
for each
| 19 | | registration year. The Secretary shall designate this class of | 20 | | vehicle as
a Special Hauling Vehicle.
| 21 | | (b) Except as provided in Section 3-806.3, every camping | 22 | | trailer,
motor home, mini motor home, travel trailer, truck | 23 | | camper or van camper
used primarily for recreational purposes, | 24 | | and not used commercially, nor
for hire, nor owned by a | 25 | | commercial business, may be registered for each
registration | 26 | | year upon the filing of a proper application and the payment
of |
| | | SB1566 Enrolled | - 69 - | LRB097 05492 HLH 45552 b |
|
| 1 | | a registration fee and highway use tax, according to the | 2 | | following table of
fees:
| 3 | | MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
|
|
4 | | Gross Weight in Lbs. |
Total Fees |
|
5 | | Including Vehicle and |
Each |
|
6 | | Maximum Load |
Calendar Year |
|
7 | | 8,000 lbs and less |
$78 |
|
8 | | 8,001 Lbs. to 10,000 Lbs |
90 |
|
9 | | 10,001 Lbs. and Over |
102 |
|
10 | | CAMPING TRAILER OR TRAVEL TRAILER
|
|
11 | | Gross Weight in Lbs. |
Total Fees |
|
12 | | Including Vehicle and |
Each |
|
13 | | Maximum Load |
Calendar Year |
|
14 | | 3,000 Lbs. and Less |
$18 |
|
15 | | 3,001 Lbs. to 8,000 Lbs. |
30 |
|
16 | | 8,001 Lbs. to 10,000 Lbs. |
38 |
|
17 | | 10,001 Lbs. and Over |
50 |
|
18 | | Every house trailer must be registered under Section 3-819.
| 19 | | (c) Farm Truck. Any truck used exclusively for the owner's | 20 | | own
agricultural, horticultural or livestock raising | 21 | | operations and
not-for-hire only, or any truck used only in the | 22 | | transportation for-hire
of seasonal, fresh, perishable fruit | 23 | | or vegetables from farm to the
point of first processing,
may | 24 | | be registered by the owner under this paragraph in lieu of
| 25 | | registration under paragraph (a), upon filing of a proper | 26 | | application
and the payment of the $10 registration fee and the |
| | | SB1566 Enrolled | - 70 - | LRB097 05492 HLH 45552 b |
|
| 1 | | highway use tax
herein specified as follows:
| 2 | | SCHEDULE OF FEES AND TAXES
|
|
3 | | Gross Weight in Lbs. |
|
Total Amount for |
|
4 | | Including Truck and |
|
each |
|
5 | | Maximum Load |
Class |
Fiscal Year |
|
6 | | 16,000 lbs. or less |
VF |
$150 |
|
7 | | 16,001 to 20,000 lbs. |
VG |
226 |
|
8 | | 20,001 to 24,000 lbs. |
VH |
290 |
|
9 | | 24,001 to 28,000 lbs. |
VJ |
378 |
|
10 | | 28,001 to 32,000 lbs. |
VK |
506 |
|
11 | | 32,001 to 36,000 lbs. |
VL |
610 |
|
12 | | 36,001 to 45,000 lbs. |
VP |
810 |
|
13 | | 45,001 to 54,999 lbs. |
VR |
1,026 |
|
14 | | 55,000 to 64,000 lbs. |
VT |
1,202 |
|
15 | | 64,001 to 73,280 lbs. |
VV |
1,290 |
|
16 | | 73,281 to 77,000 lbs. |
VX |
1,350 |
|
17 | | 77,001 to 80,000 lbs. |
VZ |
1,490 |
|
18 | | In the event the Secretary of State revokes a farm truck | 19 | | registration
as authorized by law, the owner shall pay the flat | 20 | | weight tax due
hereunder before operating such truck.
| 21 | | Any combination of vehicles having 5 axles, with a distance | 22 | | of 42 feet or
less between extreme axles, that are subject to | 23 | | the weight limitations in
subsection (a) of Section 15-111 for | 24 | | which the owner of the combination
of
vehicles has elected to | 25 | | pay, 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 |
|
| 1 | | be designated by the Secretary as a Special Hauling Vehicle.
| 2 | | (d) The number of axles necessary to carry the maximum load | 3 | | provided
shall be determined from Chapter 15 of this Code.
| 4 | | (e) An owner may only apply for and receive 5 farm truck
| 5 | | registrations, and only 2 of those 5 vehicles shall exceed | 6 | | 59,500 gross
weight in pounds per vehicle.
| 7 | | (f) Every person convicted of violating this Section by | 8 | | failure to pay
the appropriate flat weight tax to the Secretary | 9 | | of State as set forth in
the above tables shall be punished as | 10 | | provided 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 | 13 | | is amended by changing Sections 1-2.02, 3-2, and 3-6 as | 14 | | follows:
| 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 | 18 | | manufacturing, selling, or dealing in, on consignment or | 19 | | otherwise, any number of new snowmobiles, or 5 or more used | 20 | | snowmobiles of any make during the year, including any | 21 | | watercraft or off-highway vehicle dealer or a person licensed | 22 | | as a new or used vehicle dealer who also sells or deals in, on | 23 | | consignment or otherwise, any number of snowmobiles as defined | 24 | | by this Act a person, partnership, or corporation engaged in |
| | | SB1566 Enrolled | - 72 - | LRB097 05492 HLH 45552 b |
|
| 1 | | the
business of manufacturing, selling, or leasing snowmobiles | 2 | | at 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 | 6 | | each snowmobile requiring numbering by this State shall
file an | 7 | | application for number with the Department on forms approved by
| 8 | | it. The application shall be signed by the owner of the | 9 | | snowmobile and
shall be accompanied by a fee of $30. When a | 10 | | snowmobile dealer
sells a snowmobile the dealer shall, at the | 11 | | time of sale, require the buyer
to complete an application for | 12 | | the registration certificate, collect the
required fee and mail | 13 | | the application and fee to the Department no later
than 15 14 | 14 | | days after the date of sale. Combination application-receipt | 15 | | forms
shall be provided by the Department and the dealer shall | 16 | | furnish the buyer
with the completed receipt showing that | 17 | | application for registration has
been made. This completed | 18 | | receipt shall be in the possession of the user
of the | 19 | | snowmobile until the registration certificate is received. No
| 20 | | snowmobile dealer may charge an additional fee to the buyer for | 21 | | performing
this service required under this subsection. | 22 | | However, no purchaser
exempted under Section 3-11 of this Act | 23 | | shall be charged any fee or be
subject to the other | 24 | | requirements of this Section. The application form
shall so | 25 | | state in clear language the requirements of this Section and |
| | | SB1566 Enrolled | - 73 - | LRB097 05492 HLH 45552 b |
|
| 1 | | the
penalty for violation near the place on the application | 2 | | form provided for
indicating the intention to register in | 3 | | another jurisdiction. Each dealer
shall maintain, for one year, | 4 | | a record in a form prescribed by the
Department for each | 5 | | snowmobile sold. These records shall be open to
inspection by | 6 | | the Department. Upon receipt of the application in
approved | 7 | | form the Department shall enter the same upon the records of
| 8 | | its office and issue to the applicant a certificate of number | 9 | | stating
the number awarded to the snowmobile and the name and | 10 | | address of the owner.
| 11 | | For the registration years beginning on or after January 1, | 12 | | 2017, the application shall be signed by the owner of the | 13 | | snowmobile 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 | 18 | | decal become
lost, destroyed, or mutilated beyond legibility, | 19 | | the owner of the
snowmobile shall make application to the | 20 | | Department for the replacement of
the certificate or decal, | 21 | | giving his name, address, and the number of his
snowmobile and | 22 | | shall 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 |
|
| 1 | | amended by changing Sections 1-2, 3-1, 3-2, 3-3, 3-4, 3-5, 3-9, | 2 | | 3-11, 3-12, and 3A-16 and by adding Sections 3-1.5 and 3-7.5 as | 3 | | follows:
| 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 | 6 | | context clearly
requires a different meaning:
| 7 | | "Vessel" or "Watercraft" means every description of | 8 | | watercraft used or
capable of being used as a means of | 9 | | transportation on water, except a
seaplane on the water, | 10 | | innertube, air mattress or similar device, and boats
used for | 11 | | concession rides in artificial bodies of water designed and | 12 | | used
exclusively for such concessions.
| 13 | | "Motorboat" means any vessel propelled by machinery, | 14 | | whether or not such
machinery is the principal source of | 15 | | propulsion, but does not include a
vessel which has a valid | 16 | | marine document issued by the Bureau of Customs of
the United | 17 | | States Government or any Federal agency successor thereto.
| 18 | | "Non-powered watercraft" means any canoe, kayak, | 19 | | kiteboard, paddleboard, float tube, or watercraft not | 20 | | propelled by sail, canvas, or machinery of any sort. | 21 | | "Sailboat" means any watercraft propelled by sail or | 22 | | canvas, including
sailboards. For the purposes of this Act, any | 23 | | watercraft propelled by both
sail or canvas and machinery of | 24 | | any 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 |
|
| 1 | | hydroplanes)
propelled by machinery applying force against the | 2 | | air rather than the water
as a means of propulsion.
| 3 | | "Dealer" means any person who engages in the business of | 4 | | manufacturing, selling, or dealing in, on consignment or | 5 | | otherwise, any number of new watercraft, or 5 or more used | 6 | | watercraft of any make during the year, including any | 7 | | off-highway vehicle dealer or snowmobile dealer or a person | 8 | | licensed as a new or used vehicle dealer who also sells or | 9 | | deals in, on consignment or otherwise, any number of watercraft | 10 | | as defined in this Act. | 11 | | "Lifeboat" means a small boat kept on board a larger boat | 12 | | for use in
emergency.
| 13 | | "Owner" means a person, other than lien holder, having | 14 | | title to a
motorboat. The term includes a person entitled to | 15 | | the use or possession of
a motorboat subject to an interest in | 16 | | another person, reserved or created
by agreement and securing | 17 | | payment of performance of an obligation, but the
term excludes | 18 | | a lessee under a lease not intended as security.
| 19 | | "Waters of this State" means any water within the | 20 | | jurisdiction of this
State.
| 21 | | "Person" means an individual, partnership, firm, | 22 | | corporation,
association, or other entity.
| 23 | | "Operate" means to navigate or otherwise use a motorboat or | 24 | | vessel.
| 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 |
|
| 1 | | injury or
accident.
| 2 | | "Personal flotation device" or "PFD" means a device that is | 3 | | approved by
the Commandant, U.S. Coast Guard, under Part 160 of | 4 | | Title 46 of the Code
of Federal Regulations.
| 5 | | "Recreational boat" means any vessel manufactured or used | 6 | | primarily for
noncommercial use; or leased, rented or chartered | 7 | | to another for
noncommercial use.
| 8 | | "Personal watercraft" means a vessel that uses an inboard | 9 | | motor powering
a water jet pump as its primary source of motor | 10 | | power and that is designed
to be operated by a person sitting, | 11 | | standing, or kneeling on the vessel,
rather than the | 12 | | conventional manner of sitting or standing inside the
vessel, | 13 | | and includes vessels that are similar in appearance and | 14 | | operation
but are powered by an outboard or propeller drive | 15 | | motor.
| 16 | | "Specialty prop-craft" means a vessel that is similar in | 17 | | appearance and
operation to a personal watercraft but that is | 18 | | powered by an outboard or
propeller driven motor.
| 19 | | "Underway" applies to a vessel or watercraft at all times | 20 | | except when it
is moored at a dock or anchorage area.
| 21 | | "Use" applies to all vessels on the waters of this State, | 22 | | whether 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 |
|
| 1 | | Every watercraft other than non-powered watercraft sailboards, | 2 | | on waters within
the jurisdiction of this State shall be | 3 | | numbered. No person may operate or
give permission for the | 4 | | operation of any such watercraft on such
waters unless the | 5 | | watercraft is numbered in accordance with this
Act, or in | 6 | | accordance with applicable Federal law, or in accordance with a
| 7 | | Federally-approved numbering system of another State, and | 8 | | unless (1) the
certificate of number awarded to such watercraft | 9 | | is in full
force and effect, and (2) the identifying number set | 10 | | forth in the
certificate of number is displayed on each side of | 11 | | the 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 | 15 | | non-powered watercraft on the waters of this State shall have a | 16 | | valid water usage stamp affixed to an area easily visible | 17 | | either on the exterior or interior of the device. The | 18 | | Department shall establish rules and regulations for the | 19 | | purchase of water usage stamps. Each water usage stamp shall | 20 | | bear the calendar year the stamp is in effect. The fee for a | 21 | | water usage stamp is $6 per stamp for the first 3 stamps. Any | 22 | | person who purchases more than 3 water usage stamps receives | 23 | | each 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 | 2 | | each watercraft
requiring numbering by this State shall file an | 3 | | application for number with
the Department on forms approved by | 4 | | it. The application shall be signed by
the owner of the | 5 | | watercraft and shall be accompanied by a fee as follows:
|
|
6 | | A. (Blank). Class A (all canoes, kayaks, and | 7 | | non-motorized paddle boats) |
$6 |
|
8 | | B. Class 1 (all watercraft less |
|
|
9 | | than 16 feet in length, except |
|
|
10 | | non-powered watercraft. | |
|
11 | | canoes, kayaks, and non-motorized paddle boats ) ... |
$18 $15 |
|
12 | | C. Class 2 (all watercraft 16 |
|
|
13 | | feet or more but less than 26 feet in length |
|
|
14 | | except canoes, kayaks, and non-motorized paddle | 15 | | boats) . |
$50 $45 |
|
16 | | D. Class 3 (all watercraft 26 feet or more |
|
|
17 | | but less than 40 feet in length) .................. |
$150 $75 |
|
18 | | E. Class 4 (all watercraft 40 feet in length |
|
|
19 | | or more) .......................................... |
$200 $100 |
|
20 | | Upon receipt of the application in approved form, and when | 21 | | satisfied
that no tax imposed pursuant to the "Municipal Use | 22 | | Tax Act" or the "County
Use Tax Act" is owed, or that such tax | 23 | | has been paid, the Department shall
enter the same upon the | 24 | | records of its office and issue to the applicant a
certificate | 25 | | of number stating the number awarded to the watercraft and
the | 26 | | name and address of the owner.
|
| | | SB1566 Enrolled | - 79 - | LRB097 05492 HLH 45552 b |
|
| 1 | | The Department shall deposit 20% of all money collected | 2 | | from watercraft registrations into the Conservation Police | 3 | | Operations Assistance Fund. The monies deposited into the | 4 | | Conservation Police Operations Assistance Fund under this | 5 | | Section shall not be subject to administrative charges or | 6 | | chargebacks 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 | 11 | | bow (front) of a
watercraft the identification number, which | 12 | | shall be of block characters at
least 3 inches in height. The | 13 | | figures shall read from left to right, be of
contrasting color | 14 | | to their background, and be maintained in a legible
condition. | 15 | | No other number shall be displayed on the bow of the boat. In
| 16 | | affixing the number to the boat, a space or a hyphen shall be | 17 | | provided
between the IL and the number and another space or | 18 | | hyphen between the
number and the letters which follow. On | 19 | | vessels of
unconventional design or constructed so that it is | 20 | | impractical or
impossible to display identification numbers in | 21 | | a prominent position on the
forward half of their hulls or | 22 | | permanent substructures, numbers may be
displayed in brackets | 23 | | or fixtures firmly attached to the vessel. Exact
positioning of | 24 | | the numbers in brackets or protruding fixtures shall be
| 25 | | discretionary with vessel owners, providing the numbers are |
| | | SB1566 Enrolled | - 80 - | LRB097 05492 HLH 45552 b |
|
| 1 | | placed on the
forward half of the vessel and meet the standard | 2 | | requirements for
legibility, size, style and contrast with the | 3 | | background.
| 4 | | B. A watercraft already covered by a number in full force | 5 | | and effect which
has been awarded to it pursuant to Federal law | 6 | | is exempt from number
display as prescribed by this Section.
| 7 | | C. All non-powered watercraft canoes and kayaks are exempt | 8 | | from 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 | 12 | | owner of any watercraft shall
within 15 days notify the | 13 | | Department if the watercraft is
destroyed or abandoned, or is | 14 | | sold or transferred either wholly or in part
to another person | 15 | | or persons. In sale or transfer cases, the notice shall be
| 16 | | accompanied by a surrender of the certificate of number. In | 17 | | destruction or
abandonment cases, the notice shall be | 18 | | accompanied by a surrender of the
certificate of title. When | 19 | | the surrender
of the certificate is by reason of the watercraft | 20 | | being
destroyed or abandoned, the Department shall cancel the | 21 | | certificate and
enter such fact in its records. The Department | 22 | | shall be notified in writing
of any change of address. Should | 23 | | the owner desire a new certificate of
number, showing the new | 24 | | address, he shall surrender his old certificate and
notify the | 25 | | Department of the new address, remitting $1 to cover the
|
| | | SB1566 Enrolled | - 81 - | LRB097 05492 HLH 45552 b |
|
| 1 | | issuance of a new certificate of number. If the surrender is by | 2 | | reason of a
sale or transfer either wholly or in part to | 3 | | another person or persons, the
owner surrendering the | 4 | | certificate shall state to the Department, under
oath, the name | 5 | | of 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 | 10 | | of a watercraft
shall, within 15 days after acquiring same, | 11 | | make application to the Department
for transfer to him of the | 12 | | certificate of number issued to the watercraft
giving his name, | 13 | | address and the number of the boat. The purchaser shall apply
| 14 | | for a transfer-renewal for a fee as prescribed under Section | 15 | | 3-2 of this Act
for approximately 3 years. All transfers will | 16 | | bear June 30 expiration dates in
the calendar year of | 17 | | expiration. Upon receipt of the application and fee,
together | 18 | | with proof that any tax imposed under the Municipal Use Tax Act
| 19 | | or County Use Tax Act has been paid or that no such tax is owed, | 20 | | the Department
shall transfer the certificate of number issued | 21 | | to the watercraft to the new
owner.
| 22 | | Unless the application is made and fee paid, and proof of | 23 | | payment of
municipal use tax or county use tax or nonliability | 24 | | therefor is made,
within 30 days, the watercraft shall be | 25 | | deemed to be without certificate of
number and it shall be |
| | | SB1566 Enrolled | - 82 - | LRB097 05492 HLH 45552 b |
|
| 1 | | unlawful for any person to operate the watercraft until
the | 2 | | certificate 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 | 7 | | usage sticker is lost, destroyed, or mutilated beyond | 8 | | legibility, a new water usage sticker shall be required before | 9 | | the 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 | 12 | | number awarded
pursuant to this Act shall continue in full | 13 | | force and effect for
approximately 3 years unless sooner | 14 | | terminated or discontinued in
accordance with this Act. All new | 15 | | certificates issued will bear June 30
expiration dates in the | 16 | | calendar year 3 years after the issuing date.
Provided however, | 17 | | that the Department may, for purposes of implementing
this | 18 | | Section, adopt rules for phasing in the issuance of new | 19 | | certificates
and provide for 1, 2 or 3 year expiration dates | 20 | | and pro-rated payments or
charges for each registration.
| 21 | | All certificates shall be renewed for 3 years from the | 22 | | nearest June 30
for a fee as prescribed in Section 3-2 of this | 23 | | Act. All certificates
will be invalid after July 15 of the year | 24 | | of expiration. All certificates
expiring in a given year shall |
| | | SB1566 Enrolled | - 83 - | LRB097 05492 HLH 45552 b |
|
| 1 | | be renewed between January 1 and June 30 of
that year, in order | 2 | | to allow sufficient time for processing.
| 3 | | The Department shall issue "registration expiration | 4 | | decals" with all new
certificates of number, all certificates | 5 | | of number transferred and renewed
and all certificates of | 6 | | number renewed. The decals issued for each year
shall be of a | 7 | | different and distinct color from the decals of each other
year | 8 | | currently displayed. The decals shall be affixed to each side | 9 | | of the
bow of the watercraft, except for federally documented | 10 | | vessels, in the
manner prescribed by the rules and regulations | 11 | | of the Department.
Federally documented vessels shall have | 12 | | decals affixed to the watercraft on
each side of the federally | 13 | | documented name of the vessel in the manner
prescribed by the | 14 | | rules and regulations of the Department.
| 15 | | The Department shall fix a day and month of the year on | 16 | | which
certificates of number due to expire shall lapse and no | 17 | | longer be of any
force and effect unless renewed pursuant to | 18 | | this Act.
| 19 | | No number or registration expiration decal other than the | 20 | | number awarded
or the registration expiration decal issued to a | 21 | | watercraft or
granted reciprocity pursuant to this Act shall be | 22 | | painted, attached, or
otherwise displayed on either side of the | 23 | | bow of such watercraft.
A person engaged in the operation of a | 24 | | licensed boat livery shall pay a
fee as prescribed under | 25 | | Section 3-2 of this Act for each watercraft used in
the livery | 26 | | operation.
|
| | | SB1566 Enrolled | - 84 - | LRB097 05492 HLH 45552 b |
|
| 1 | | A person engaged in the manufacture or sale of watercraft | 2 | | of
a type otherwise required to be numbered hereunder, upon | 3 | | application to the
Department upon forms prescribed by it, may | 4 | | obtain certificates of number
for use in the testing or | 5 | | demonstrating of such watercraft upon
payment of $10 for each | 6 | | registration. Certificates of number so issued may
be used by | 7 | | the applicant in the testing or demonstrating of watercraft
by | 8 | | temporary placement of the numbers assigned by such
| 9 | | certificates 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 | 14 | | alter or change in any manner a
certificate of number or water | 15 | | usage stamp issued under the provisions hereof, or falsify any
| 16 | | record required by this Act, or counterfeit any form of license | 17 | | provided
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. | 21 | | A watercraft
shall not be required to be numbered under this | 22 | | Act if it is:
| 23 | | A. A watercraft which has a valid marine document issued by | 24 | | the United
States Coast Guard, provided the owner of any such |
| | | SB1566 Enrolled | - 85 - | LRB097 05492 HLH 45552 b |
|
| 1 | | vessel used upon the
waters of this State for more than 60 days | 2 | | in any calendar year shall be
required to comply with the | 3 | | registration requirements of Section 3-9 of this
Act.
| 4 | | B. Already covered by a number in full force and effect | 5 | | which has been
awarded to it pursuant to Federal law or a | 6 | | Federally-approved numbering
system of another State, if such | 7 | | boat will not be within this State for a
period in excess of 60 | 8 | | consecutive days.
| 9 | | C. A watercraft from a country other than the United States | 10 | | temporarily
using the waters of this State.
| 11 | | D. A watercraft whose owner is the United States, a State | 12 | | or a subdivision
thereof, and used solely for official purposes | 13 | | and 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 | 16 | | been exempted from
numbering by the Department after such | 17 | | agency has found that an agency of the
Federal Government has a | 18 | | numbering system applicable to the class of watercraft
to which | 19 | | the watercraft in question belongs and would be exempt from | 20 | | numbering
if it were subject to the Federal law.
| 21 | | G. Watercraft while competing in any race approved by the | 22 | | Department under
the provisions of Section 5-15 of this Act or | 23 | | if the watercraft is designed and
intended solely for racing | 24 | | while engaged in navigation that is incidental to
preparation | 25 | | of the watercraft for the race. Preparation of the watercraft | 26 | | for
the race may be accomplished only after obtaining the |
| | | SB1566 Enrolled | - 86 - | LRB097 05492 HLH 45552 b |
|
| 1 | | written authorization of
the Department.
| 2 | | H. Non-powered, owned and operated on water completely | 3 | | impounded on land
belonging to the owner of the watercraft. | 4 | | This Section does not apply to water
controlled by a club or | 5 | | association.
| 6 | | I. A non-powered watercraft. A canoe or kayak which is | 7 | | owned by an organization which is organized and
conducted on a | 8 | | not-for-profit basis with no personal profit inuring to anyone
| 9 | | as 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
| 13 | | following 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 | 21 | | makes changes in a statute that is represented in this Act by | 22 | | text that is not yet or no longer in effect (for example, a | 23 | | Section represented by multiple versions), the use of that text |
| | | SB1566 Enrolled | - 87 - | LRB097 05492 HLH 45552 b |
|
| 1 | | does not accelerate or delay the taking effect of (i) the | 2 | | changes made by this Act or (ii) provisions derived from any | 3 | | other Public Act. | 4 | | Section 95-97. Severability. The provisions of this Act are | 5 | | severable under Section 1.31 of the Statute on Statutes. | 6 | | ARTICLE 99.
| 7 | | Section 99-99. Effective date. This Act takes effect | 8 | | January 1, 2013.
|
|