Illinois General Assembly - Full Text of HB2028
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Full Text of HB2028  100th General Assembly

HB2028ham001 100TH GENERAL ASSEMBLY

Rep. Tony McCombie

Filed: 4/24/2017

 

 


 

 


 
10000HB2028ham001LRB100 04643 SLF 25033 a

1
AMENDMENT TO HOUSE BILL 2028

2    AMENDMENT NO. ______. Amend House Bill 2028 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Fish and Aquatic Life Code is amended by
5changing Sections 20-70, 20-75, 20-80, 20-85, 20-90, 20-92, and
620-95 as follows:
 
7    (515 ILCS 5/20-70)  (from Ch. 56, par. 20-70)
8    Sec. 20-70. Non-resident and resident aquatic life
9dealers.
10    (a) Non-resident aquatic life dealers. Any person not a
11resident of Illinois who sells or ships to other wholesalers,
12retailers, or consumers any of the aquatic life protected by
13this Code, whether from waters within or without the State is a
14non-resident aquatic life dealer within the meaning of this
15Code.
16    All licenses issued to non-resident aquatic life dealers

 

 

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1are valid only in the location described and designated in the
2application for the license. Wholesalers may deliver their
3products by truck or common carrier of any type but must
4possess a separate license for each truck from which aquatic
5life are being sold if business is solicited from the trucks.
6    Application for a non-resident aquatic life dealer's
7license shall be made to and upon forms furnished by the
8Department and shall be in the form as the Department may
9prescribe. The annual fee for a non-resident aquatic life
10dealer's license shall be $100. All non-resident aquatic life
11dealer licenses shall expire on March 31 January 31 of each
12year.
13    Non-residents purchasing aquatic life in Illinois for sale
14solely outside the State are exempt from possessing an aquatic
15life dealer's license if purchases are made from a licensed
16resident wholesale or retail aquatic life dealer.
17    (b) Resident aquatic life dealer's licenses. Any person
18conducting a fish market or buying, selling, or shipping any
19aquatic life (except minnows) protected by this Code, whether
20from waters within or without the State, shall first procure a
21license from the Department to do so, including any commercial
22fisherman selling live fish for stocking only. Any commercial
23fisherman selling fish legally caught or taken by themselves to
24a resident licensed wholesale aquatic life dealer, however, is
25exempt from the provisions of this Section.
26        (1) Wholesale aquatic life dealer's license. Any

 

 

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1    resident of this State who, within the State of Illinois,
2    conducts a wholesale fish market or who sells or ships to
3    any other wholesaler, retailer, or other commercial
4    institution aquatic life protected by this Code, whether
5    from waters within or without the State, is a resident
6    wholesale aquatic life dealer in the meaning of this Code.
7        This provision, however, does not apply to minnows or
8    saltwater species commonly used as seafood that will not
9    survive in freshwater, such as lobsters, clams, mussels,
10    and oysters.
11        All licenses issued to resident wholesale aquatic life
12    dealers are valid only in the location described and
13    designated in the application for license. Wholesale
14    aquatic life dealers may deliver their products by truck or
15    other common carrier but must possess a separate license
16    for each truck from which aquatic life is being sold if
17    business is solicited from the truck. Applications for
18    resident wholesale aquatic life dealer's licenses shall be
19    made to and upon forms furnished by the Department, which
20    shall be in the form as the Department may prescribe. The
21    annual license fee for each wholesale aquatic life dealer's
22    license is $50. All wholesale aquatic life dealer's
23    licenses shall expire on March 31 January 31 of each year.
24        (2) Retail aquatic life dealer's license. Any resident
25    of the State of Illinois who, within the State of Illinois,
26    conducts a retail fish market where he or she sells or

 

 

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1    offers for sale any aquatic life protected by this Code,
2    whether from waters from within or without the State, is a
3    retail aquatic life dealer in the meaning of this Code.
4        This provision, however, does not apply to minnows or
5    saltwater species commonly used as seafood that will not
6    survive in freshwater, such as lobsters, clams, mussels,
7    and oysters.
8        All licenses issued to resident aquatic life dealers
9    are valid only in the location described and designated in
10    the application for the license. Retailers may deliver
11    their products by truck or other common carrier but must
12    possess a separate license for each truck from which
13    aquatic life is being sold if business is solicited from
14    the truck.
15        Applications for resident retail aquatic life dealer's
16    licenses shall be made to and upon forms furnished by the
17    Department, which shall be in the form the Department may
18    prescribe. The annual license for each resident retail
19    aquatic life dealer's license is $10. All these licenses
20    shall expire on March 31 January 31 of each year.
21        (3) Separate licenses. A license shall be procured for
22    each separate fish market or place of business operated by
23    any wholesale or retail aquatic life dealer, whether a
24    resident or non-resident, and for each vehicle from which
25    aquatic life is sold. All licenses shall be conspicuously
26    displayed at all times.

 

 

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1    (c) The Department may adopt administrative rules
2pertaining to non-resident and resident aquatic life dealers.
3Any person who violates any provision of this Section 20-70, or
4related administrative rule, is guilty of a Class B
5misdemeanor.
6(Source: P.A. 94-592, eff. 1-1-06; 95-147, eff. 8-14-07.)
 
7    (515 ILCS 5/20-75)  (from Ch. 56, par. 20-75)
8    Sec. 20-75. Mussel dealer permits; fees; violations. Any
9person, before receiving, buying, or offering to do so, or
10acting as an agent or broker in receipt or purchase of mussels,
11within the State of Illinois, shall first obtain a permit from
12the Department to do so.
13    The fee for a permit for residents of the State of Illinois
14shall be $300 a year, and for non-residents of the State of
15Illinois the fee shall be $2,500 a year. These permits shall
16expire on March 31 the 31st day of January of each year. A
17report of each year's activities of each person holding a
18permit shall be required as directed by the Department.
19(Source: P.A. 92-385, eff. 8-16-01.)
 
20    (515 ILCS 5/20-80)  (from Ch. 56, par. 20-80)
21    Sec. 20-80. Minnow dealers license; penalties. Any
22resident who, within the State of Illinois, sells or offers for
23sale, to any other wholesaler or retailer or for consumption,
24live minnows, whether from waters within or without the State

 

 

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1is an intrastate wholesale minnow dealer for purposes of this
2Code. Any person selling live minnows for stocking only or
3selling live minnows legally caught or taken by that person to
4a licensed wholesale minnow dealer, however, is exempt from the
5provisions of this Section.
6    (a) Before any resident commences activities as an
7intrastate wholesale minnow dealer, he or she shall first
8procure a license from the Department to do so. The fee for the
9license shall be $25 and these licenses shall expire on March
1031 upon the 31st day of January of each year.
11    Before any resident commences activities as an intrastate
12retail minnow dealer, he or she shall first obtain a license
13from the Department to do so. The fee for the license shall be
14$5 and these licenses shall expire on March 31 upon the 31st
15day of January of each year.
16    (b) Only persons who are actual residents of the State of
17Illinois shall be permitted to transport live minnows obtained
18in the State of Illinois across any of the borders of the State
19of Illinois. These persons shall be interstate minnow dealers
20for purposes of this Code. Before any resident of the State of
21Illinois shall commence activities as an interstate minnow
22dealer, he or she shall first obtain a license from the
23Department to do so. The fee for the license shall be $500 and
24these licenses shall expire on March 31 the 31st day of January
25of each year. This Section shall not apply to a resident of the
26State of Illinois possessing a valid sport fishing license. An

 

 

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1individual possessing a valid sport fishing license shall be
2permitted to transport not more than 6 dozen live minnows
3obtained in Illinois across the borders of the State of
4Illinois.
5    (c) The Department is authorized to establish regulations
6as may be deemed necessary in the handling of minnows in order
7to protect the resource as well as the public's interest.
8(Source: P.A. 92-385, eff. 8-16-01.)
 
9    (515 ILCS 5/20-85)  (from Ch. 56, par. 20-85)
10    Sec. 20-85. Taxidermist license.
11    (a) Before engaging in the business of taxidermy, every
12person shall obtain a license for that purpose from the
13Department. Application for a license shall be filed with the
14Department and shall set forth the name of the applicant; its
15principal officers, if the applicant is a corporation, or the
16partners, if the applicant is a partnership; the location of
17the place of business; and any additional information the
18Department may require. The annual fee for each taxidermist
19license shall be $25. All licenses issued to taxidermists are
20valid only at the location described and designated on the
21application for the license. All taxidermist licenses shall
22expire on March 31 January 31 of each year. Individuals
23employed by a licensed taxidermist shall not be required to
24possess a taxidermist license while working for and at the
25place of business of the license holder.

 

 

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1    Licensed taxidermists shall submit to the Department a list
2naming all individuals who will be working at the place of
3business specified on the permit. Only those individuals whose
4names are on file with the Department shall be authorized to
5work under the scope of the taxidermist's license.
6    (b) Taxidermists shall keep written records of all aquatic
7life or parts of aquatic life received or returned by them.
8Records shall include the following information:
9        (1) The date the aquatic life was received.
10        (2) The name and address of the person from whom the
11    aquatic life was received.
12        (3) The number and species of all aquatic life
13    received.
14        (4) The number and state of issuance of the fishing
15    license, or special Department permit, of the person from
16    whom the aquatic life was received. In the absence of a
17    license or permit number, the taxidermist may rely on the
18    written certification of the person from whom the aquatic
19    life was received that the specimen was legally taken or
20    obtained, or, in the event the person is exempt from the
21    apposite license requirements, an indication of the
22    exemption.
23    (c) All aquatic life or parts of aquatic life that have
24been received, preserved, mounted, or possessed by a
25taxidermist are required to bear a coded origin tag or label.
26The coded origin tag or label shall correspond with written

 

 

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1records containing more complete information as required by the
2Department.
3    (d) Taxidermy records shall be open for inspection by any
4peace officer at any reasonable hour. Taxidermists shall
5maintain records for a period of 2 years from the date of
6receipt of the aquatic life or for as long as the specimen or
7mount remains in the taxidermist's possession, whichever is
8longer.
9    The Department may require the taxidermist to submit to it
10any information it deems necessary.
11    (e) No taxidermist shall have in his or her possession any
12aquatic life that is not listed in his or her written records
13and properly tagged or labeled.
14    (f) All persons licensed as taxidermists under this Code
15who shall ship any aquatic life or parts of aquatic life that
16have been received, preserved, or mounted shall tag or label
17the shipment and the tag or label shall state the name of the
18taxidermist and the number and date of his or her license.
19    (g) Nothing in this Section removes taxidermists from
20responsibility for the observance of any federal laws, rules,
21or regulations that may apply to the taxidermy business.
22(Source: P.A. 88-416; 89-66, eff. 1-1-96.)
 
23    (515 ILCS 5/20-90)  (from Ch. 56, par. 20-90)
24    Sec. 20-90. Aquaculture permits. Any person who shall
25engage in the breeding, hatching, propagation, or raising of

 

 

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1aquatic life, whether indigenous or non-indigenous to this
2State, shall first procure a permit from the Department to do
3so. Aquatic life specified, which is bred, hatched, propagated
4or raised by a person holding a permit as provided for in this
5Section, may be transported and sold for food or stocking
6purposes. Permittees who sell aquatic life propagated or raised
7under this permit are exempt from possessing a fish or minnow
8dealers license.
9    Aquaculture permit holders shall maintain records of all
10aquatic life bought, sold or shipped. These records shall
11include the name and address of the buyer and seller, the
12appropriate license or permit number of the buyer and seller,
13the date of the transaction, and the species, poundage, and
14origin of aquatic life involved. The records shall be kept for
15a minimum of 2 years from the date of the transaction and shall
16be made immediately available to authorized employees of the
17Department upon request. Records of the annual operations, as
18may be required by the Department, shall be forwarded to the
19Department upon request.
20    Nothing in this Section shall be construed to give
21permittees authority to take aquatic life in their wild or
22natural state, contrary to other provisions of this Code, or to
23remove the permittee from responsibility for the observance of
24any federal, State, or local laws, rules, or regulations that
25may apply to the aquatic life.
26    Aquaculture permit holders may harvest aquatic life on

 

 

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1licensed aquaculture facilities with commercial fishing
2devices without obtaining any license for these devices.
3    Before any person imports or receives live, non-indigenous
4aquatic life for aquaculture or stocking purposes in this
5State, permission must be obtained from the Department.
6Regulations governing non-indigenous aquatic life shall be
7covered by administrative rule.
8    The annual fee for a permit under this Section shall be $50
9and the permit shall expire on March 31 the 31st day of January
10of each year.
11    Any person who violates any provisions of this Section,
12including administrative rules relating to this Section, shall
13be guilty of a business offense and fined not less than $1,000
14and no more than $5,000.
15    Permitted aquaculture facilities are exempt from size,
16catch, and possession limits and seasons on aquatic life when
17harvested, sold, or transported, except when taken by sport
18fishing devices.
19    All permits issued under this Section are valid only in the
20location described and designated in the application for such
21permit.
22(Source: P.A. 87-833.)
 
23    (515 ILCS 5/20-92)
24    Sec. 20-92. Commercial roe dealer permit.
25    (a) Any resident wholesale aquatic life dealer who buys,

 

 

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1sells, or ships roe from roe-bearing species, whether from the
2waters within or without the State, must annually procure a
3commercial roe dealer permit from the Department in addition to
4an aquatic life dealers license. The annual fee for a
5commercial roe dealer permit is $500 for resident wholesale
6aquatic life dealers and $1,500 for non-resident aquatic life
7dealers. All commercial roe dealer permits shall expire on
8March 31 May 31 of each year.
9    (b) Legally licensed commercial roe dealer permit holders
10may designate up to 2 employees on their commercial roe dealer
11permit. Employees designated on a commercial roe dealer permit
12must retain a copy of this permit in their possession while
13transporting roe bearing fishes either whole or in part.
14    (c) A violation of this Section is a Class A misdemeanor
15with a minimum mandatory fine of $500.
16(Source: P.A. 95-147, eff. 8-14-07; 95-876, eff. 8-21-08.)
 
17    (515 ILCS 5/20-95)  (from Ch. 56, par. 20-95)
18    Sec. 20-95. Daily fee fishing area. Any person owning,
19controlling, or operating a water area, including access to
20this water area, that is used for fishing by those either
21directly or indirectly paying a daily fee for fishing shall
22make application to the Department for a license as provided in
23this Section. Upon receipt of an application, the Department
24shall inspect the proposed licensed area described in the
25application, the size and number of water areas, source of fish

 

 

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1for stocking, species of fish to be stocked and determine the
2ability of the applicant to properly supervise a property of
3this character. If the Department finds that (i) the area is
4suitable for the purpose intended, (ii) the operation of the
5property is not a menace or being established contrary to the
6laws of this State, (iii) the operations of the fee fishing
7area will not work a fraud upon individuals utilizing the
8facilities, and (iv) the issuing of the license will be in the
9public interest, then the Department shall approve the
10application and issue a license to operate a "Daily Fee Fishing
11Area" as described in the application.
12    The fee for a license issued under this Section shall be
13$50 annually, and the license shall expire on March 31 the
14January 31 following its issuance.
15    Records of the season's operations, as may be required by
16the Department, shall be forwarded to the Department by the
17licensee within 30 days after the expiration date of the
18license.
19    The Department may refuse to issue, refuse to renew,
20suspend, or revoke any license issued under this Section if the
21Department finds that the licensed area or its operator is not
22in compliance with this Section. The Department, however, shall
23not refuse to issue or renew, or suspend or revoke, any license
24for any cause other than the protection of public health and
25safety or if the area is operated unlawfully, unless the
26licensee affected is given at least 15 days notice, in writing,

 

 

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1of the reasons for the action of the Department and given an
2opportunity to appear before the Department or its
3representative in opposition to the action of the Department.
4(Source: P.A. 89-66, eff. 1-1-96.)
 
5    Section 10. The Wildlife Code is amended by changing
6Section 3.21 as follows:
 
7    (520 ILCS 5/3.21)  (from Ch. 61, par. 3.21)
8    Sec. 3.21. (a) Every person before engaging in the business
9of taxidermy shall obtain a license for such purpose from the
10Department. Application for such license shall be filed with
11the Department and shall set forth the name of the applicant;
12its principal officers, if the applicant is a corporation, or
13the partners, if the applicant is a partnership; the location
14of the place of business and such additional information as the
15Department may require. The annual fee for each taxidermist
16license shall be $25.00. All licenses issued to taxidermists
17are valid only at the location described and designated on the
18application for such license. All taxidermist permits shall
19expire on March 31 January 31 of each year. Persons employed by
20a licensed taxidermist shall not be required to possess a
21taxidermist license while working for and at the place of
22business of the license holder.
23    Licensed taxidermists shall submit to the Department a list
24naming all individuals who will be working at the place of

 

 

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1business specified on the license. Only those individuals whose
2names are on file with the Department shall be authorized to
3work under the scope of the taxidermist's license.
4    (b) Taxidermists shall keep written records of all birds or
5mammals, or parts thereof, received or returned by them.
6Records shall include the following information:
7        (1) The date the bird or mammal was received.
8        (2) The name and address of the person from whom the
9    bird or mammal was received.
10        (3) The number and species of each bird or mammal
11    received.
12        (4) The number and state of issuance of the hunting or
13    trapping license, or special Department permit, of the
14    individual from whom the bird or mammal was received. In
15    the absence of a license or permit number, the taxidermist
16    may rely on the written certification of the person from
17    whom the bird or mammal was received that the specimen was
18    legally taken or obtained, or, in the event the individual
19    is exempt from the apposite license requirements, an
20    indication of such exemption.
21    (c) All birds or mammals or parts thereof that have been
22received, preserved or mounted or possessed by a taxidermist
23are required to bear a coded origin tag or label. The origin
24tag or label shall correspond with written records containing
25more complete information as required by the Department.
26    (d) Taxidermy records shall be open for inspection by any

 

 

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1peace officer at any reasonable hour. Taxidermists shall
2maintain records for a period of 2 years from the date of
3receipt of the bird or mammal or for as long as the specimen or
4mount remains in the taxidermist's possession, whichever is
5longer. The Department may require the taxidermist to submit to
6it such information as it deems necessary.
7    (e) A licensed taxidermist may possess the green hides of
8furbearers and other game mammals the year round as long as
9such hides are tagged as and remain the property of the
10individual who legally took them and for whom the taxidermist
11is performing services.
12    (f) A licensed taxidermist may without a fur tanners permit
13tan the green hides of furbearers and other game mammals as
14long as such hides are tagged as and remain the property of the
15individual who legally took them and for whom the taxidermist
16is performing services.
17    (f.5) A licensed taxidermist may, without a fur buyer's
18permit, buy, sell, transport and possess the green or tanned
19hides of any legally obtained furbearer or game mammal the year
20round as long as the hides in the taxidermist's possession are
21used for taxidermy purposes only and bear a coded origin tag or
22label. The origin tag or label shall correspond with written
23records containing more complete information as required by the
24Department.
25    (g) No taxidermist shall have in his or her possession any
26bird or mammal that is not listed in his written records and

 

 

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1properly tagged or labeled.
2    (h) All persons licensed as taxidermists under this Act who
3shall ship any birds or mammals or parts thereof that have been
4received, preserved or mounted, shall tag or label such
5shipment and such tag or label shall state the name of the
6taxidermist and the number and date of his or her license.
7    (i) Nothing in this Section removes taxidermists from
8responsibility for the observance of any federal laws, rules,
9or regulations that may apply to the taxidermy business.
10(Source: P.A. 88-416.)".