Bill Text: IL HB2028 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Wildlife Code. Makes a technical change in a Section concerning the short title.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-05-24 - Placed on Calendar Order of 2nd Reading May 25, 2017 [HB2028 Detail]

Download: Illinois-2017-HB2028-Engrossed.html



HB2028 EngrossedLRB100 04643 SLF 14649 b
1 AN ACT concerning wildlife.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17are valid only in the location described and designated in the
18application for the license. Wholesalers may deliver their
19products by truck or common carrier of any type but must
20possess a separate license for each truck from which aquatic
21life are being sold if business is solicited from the trucks.
22 Application for a non-resident aquatic life dealer's
23license shall be made to and upon forms furnished by the

HB2028 Engrossed- 2 -LRB100 04643 SLF 14649 b
1Department and shall be in the form as the Department may
2prescribe. The annual fee for a non-resident aquatic life
3dealer's license shall be $100. All non-resident aquatic life
4dealer licenses shall expire on March 31 January 31 of each
5year.
6 Non-residents purchasing aquatic life in Illinois for sale
7solely outside the State are exempt from possessing an aquatic
8life dealer's license if purchases are made from a licensed
9resident wholesale or retail aquatic life dealer.
10 (b) Resident aquatic life dealer's licenses. Any person
11conducting a fish market or buying, selling, or shipping any
12aquatic life (except minnows) protected by this Code, whether
13from waters within or without the State, shall first procure a
14license from the Department to do so, including any commercial
15fisherman selling live fish for stocking only. Any commercial
16fisherman selling fish legally caught or taken by themselves to
17a resident licensed wholesale aquatic life dealer, however, is
18exempt from the provisions of this Section.
19 (1) Wholesale aquatic life dealer's license. Any
20 resident of this State who, within the State of Illinois,
21 conducts a wholesale fish market or who sells or ships to
22 any other wholesaler, retailer, or other commercial
23 institution aquatic life protected by this Code, whether
24 from waters within or without the State, is a resident
25 wholesale aquatic life dealer in the meaning of this Code.
26 This provision, however, does not apply to minnows or

HB2028 Engrossed- 3 -LRB100 04643 SLF 14649 b
1 saltwater species commonly used as seafood that will not
2 survive in freshwater, such as lobsters, clams, mussels,
3 and oysters.
4 All licenses issued to resident wholesale aquatic life
5 dealers are valid only in the location described and
6 designated in the application for license. Wholesale
7 aquatic life dealers may deliver their products by truck or
8 other common carrier but must possess a separate license
9 for each truck from which aquatic life is being sold if
10 business is solicited from the truck. Applications for
11 resident wholesale aquatic life dealer's licenses shall be
12 made to and upon forms furnished by the Department, which
13 shall be in the form as the Department may prescribe. The
14 annual license fee for each wholesale aquatic life dealer's
15 license is $50. All wholesale aquatic life dealer's
16 licenses shall expire on March 31 January 31 of each year.
17 (2) Retail aquatic life dealer's license. Any resident
18 of the State of Illinois who, within the State of Illinois,
19 conducts a retail fish market where he or she sells or
20 offers for sale any aquatic life protected by this Code,
21 whether from waters from within or without the State, is a
22 retail aquatic life dealer in the meaning of this Code.
23 This provision, however, does not apply to minnows or
24 saltwater species commonly used as seafood that will not
25 survive in freshwater, such as lobsters, clams, mussels,
26 and oysters.

HB2028 Engrossed- 4 -LRB100 04643 SLF 14649 b
1 All licenses issued to resident aquatic life dealers
2 are valid only in the location described and designated in
3 the application for the license. Retailers may deliver
4 their products by truck or other common carrier but must
5 possess a separate license for each truck from which
6 aquatic life is being sold if business is solicited from
7 the truck.
8 Applications for resident retail aquatic life dealer's
9 licenses shall be made to and upon forms furnished by the
10 Department, which shall be in the form the Department may
11 prescribe. The annual license for each resident retail
12 aquatic life dealer's license is $10. All these licenses
13 shall expire on March 31 January 31 of each year.
14 (3) Separate licenses. A license shall be procured for
15 each separate fish market or place of business operated by
16 any wholesale or retail aquatic life dealer, whether a
17 resident or non-resident, and for each vehicle from which
18 aquatic life is sold. All licenses shall be conspicuously
19 displayed at all times.
20 (c) The Department may adopt administrative rules
21pertaining to non-resident and resident aquatic life dealers.
22Any person who violates any provision of this Section 20-70, or
23related administrative rule, is guilty of a Class B
24misdemeanor.
25(Source: P.A. 94-592, eff. 1-1-06; 95-147, eff. 8-14-07.)

HB2028 Engrossed- 5 -LRB100 04643 SLF 14649 b
1 (515 ILCS 5/20-75) (from Ch. 56, par. 20-75)
2 Sec. 20-75. Mussel dealer permits; fees; violations. Any
3person, before receiving, buying, or offering to do so, or
4acting as an agent or broker in receipt or purchase of mussels,
5within the State of Illinois, shall first obtain a permit from
6the Department to do so.
7 The fee for a permit for residents of the State of Illinois
8shall be $300 a year, and for non-residents of the State of
9Illinois the fee shall be $2,500 a year. These permits shall
10expire on March 31 the 31st day of January of each year. A
11report of each year's activities of each person holding a
12permit shall be required as directed by the Department.
13(Source: P.A. 92-385, eff. 8-16-01.)
14 (515 ILCS 5/20-80) (from Ch. 56, par. 20-80)
15 Sec. 20-80. Minnow dealers license; penalties. Any
16resident who, within the State of Illinois, sells or offers for
17sale, to any other wholesaler or retailer or for consumption,
18live minnows, whether from waters within or without the State
19is an intrastate wholesale minnow dealer for purposes of this
20Code. Any person selling live minnows for stocking only or
21selling live minnows legally caught or taken by that person to
22a licensed wholesale minnow dealer, however, is exempt from the
23provisions of this Section.
24 (a) Before any resident commences activities as an
25intrastate wholesale minnow dealer, he or she shall first

HB2028 Engrossed- 6 -LRB100 04643 SLF 14649 b
1procure a license from the Department to do so. The fee for the
2license shall be $25 and these licenses shall expire on March
331 upon the 31st day of January of each year.
4 Before any resident commences activities as an intrastate
5retail minnow dealer, he or she shall first obtain a license
6from the Department to do so. The fee for the license shall be
7$5 and these licenses shall expire on March 31 upon the 31st
8day of January of each year.
9 (b) Only persons who are actual residents of the State of
10Illinois shall be permitted to transport live minnows obtained
11in the State of Illinois across any of the borders of the State
12of Illinois. These persons shall be interstate minnow dealers
13for purposes of this Code. Before any resident of the State of
14Illinois shall commence activities as an interstate minnow
15dealer, he or she shall first obtain a license from the
16Department to do so. The fee for the license shall be $500 and
17these licenses shall expire on March 31 the 31st day of January
18of each year. This Section shall not apply to a resident of the
19State of Illinois possessing a valid sport fishing license. An
20individual possessing a valid sport fishing license shall be
21permitted to transport not more than 6 dozen live minnows
22obtained in Illinois across the borders of the State of
23Illinois.
24 (c) The Department is authorized to establish regulations
25as may be deemed necessary in the handling of minnows in order
26to protect the resource as well as the public's interest.

HB2028 Engrossed- 7 -LRB100 04643 SLF 14649 b
1(Source: P.A. 92-385, eff. 8-16-01.)
2 (515 ILCS 5/20-85) (from Ch. 56, par. 20-85)
3 Sec. 20-85. Taxidermist license.
4 (a) Before engaging in the business of taxidermy, every
5person shall obtain a license for that purpose from the
6Department. Application for a license shall be filed with the
7Department and shall set forth the name of the applicant; its
8principal officers, if the applicant is a corporation, or the
9partners, if the applicant is a partnership; the location of
10the place of business; and any additional information the
11Department may require. The annual fee for each taxidermist
12license shall be $25. All licenses issued to taxidermists are
13valid only at the location described and designated on the
14application for the license. All taxidermist licenses shall
15expire on March 31 January 31 of each year. Individuals
16employed by a licensed taxidermist shall not be required to
17possess a taxidermist license while working for and at the
18place of business of the license holder.
19 Licensed taxidermists shall submit to the Department a list
20naming all individuals who will be working at the place of
21business specified on the permit. Only those individuals whose
22names are on file with the Department shall be authorized to
23work under the scope of the taxidermist's license.
24 (b) Taxidermists shall keep written records of all aquatic
25life or parts of aquatic life received or returned by them.

HB2028 Engrossed- 8 -LRB100 04643 SLF 14649 b
1Records shall include the following information:
2 (1) The date the aquatic life was received.
3 (2) The name and address of the person from whom the
4 aquatic life was received.
5 (3) The number and species of all aquatic life
6 received.
7 (4) The number and state of issuance of the fishing
8 license, or special Department permit, of the person from
9 whom the aquatic life was received. In the absence of a
10 license or permit number, the taxidermist may rely on the
11 written certification of the person from whom the aquatic
12 life was received that the specimen was legally taken or
13 obtained, or, in the event the person is exempt from the
14 apposite license requirements, an indication of the
15 exemption.
16 (c) All aquatic life or parts of aquatic life that have
17been received, preserved, mounted, or possessed by a
18taxidermist are required to bear a coded origin tag or label.
19The coded origin tag or label shall correspond with written
20records containing more complete information as required by the
21Department.
22 (d) Taxidermy records shall be open for inspection by any
23peace officer at any reasonable hour. Taxidermists shall
24maintain records for a period of 2 years from the date of
25receipt of the aquatic life or for as long as the specimen or
26mount remains in the taxidermist's possession, whichever is

HB2028 Engrossed- 9 -LRB100 04643 SLF 14649 b
1longer.
2 The Department may require the taxidermist to submit to it
3any information it deems necessary.
4 (e) No taxidermist shall have in his or her possession any
5aquatic life that is not listed in his or her written records
6and properly tagged or labeled.
7 (f) All persons licensed as taxidermists under this Code
8who shall ship any aquatic life or parts of aquatic life that
9have been received, preserved, or mounted shall tag or label
10the shipment and the tag or label shall state the name of the
11taxidermist and the number and date of his or her license.
12 (g) Nothing in this Section removes taxidermists from
13responsibility for the observance of any federal laws, rules,
14or regulations that may apply to the taxidermy business.
15(Source: P.A. 88-416; 89-66, eff. 1-1-96.)
16 (515 ILCS 5/20-90) (from Ch. 56, par. 20-90)
17 Sec. 20-90. Aquaculture permits. Any person who shall
18engage in the breeding, hatching, propagation, or raising of
19aquatic life, whether indigenous or non-indigenous to this
20State, shall first procure a permit from the Department to do
21so. Aquatic life specified, which is bred, hatched, propagated
22or raised by a person holding a permit as provided for in this
23Section, may be transported and sold for food or stocking
24purposes. Permittees who sell aquatic life propagated or raised
25under this permit are exempt from possessing a fish or minnow

HB2028 Engrossed- 10 -LRB100 04643 SLF 14649 b
1dealers license.
2 Aquaculture permit holders shall maintain records of all
3aquatic life bought, sold or shipped. These records shall
4include the name and address of the buyer and seller, the
5appropriate license or permit number of the buyer and seller,
6the date of the transaction, and the species, poundage, and
7origin of aquatic life involved. The records shall be kept for
8a minimum of 2 years from the date of the transaction and shall
9be made immediately available to authorized employees of the
10Department upon request. Records of the annual operations, as
11may be required by the Department, shall be forwarded to the
12Department upon request.
13 Nothing in this Section shall be construed to give
14permittees authority to take aquatic life in their wild or
15natural state, contrary to other provisions of this Code, or to
16remove the permittee from responsibility for the observance of
17any federal, State, or local laws, rules, or regulations that
18may apply to the aquatic life.
19 Aquaculture permit holders may harvest aquatic life on
20licensed aquaculture facilities with commercial fishing
21devices without obtaining any license for these devices.
22 Before any person imports or receives live, non-indigenous
23aquatic life for aquaculture or stocking purposes in this
24State, permission must be obtained from the Department.
25Regulations governing non-indigenous aquatic life shall be
26covered by administrative rule.

HB2028 Engrossed- 11 -LRB100 04643 SLF 14649 b
1 The annual fee for a permit under this Section shall be $50
2and the permit shall expire on March 31 the 31st day of January
3of each year.
4 Any person who violates any provisions of this Section,
5including administrative rules relating to this Section, shall
6be guilty of a business offense and fined not less than $1,000
7and no more than $5,000.
8 Permitted aquaculture facilities are exempt from size,
9catch, and possession limits and seasons on aquatic life when
10harvested, sold, or transported, except when taken by sport
11fishing devices.
12 All permits issued under this Section are valid only in the
13location described and designated in the application for such
14permit.
15(Source: P.A. 87-833.)
16 (515 ILCS 5/20-92)
17 Sec. 20-92. Commercial roe dealer permit.
18 (a) Any resident wholesale aquatic life dealer who buys,
19sells, or ships roe from roe-bearing species, whether from the
20waters within or without the State, must annually procure a
21commercial roe dealer permit from the Department in addition to
22an aquatic life dealers license. The annual fee for a
23commercial roe dealer permit is $500 for resident wholesale
24aquatic life dealers and $1,500 for non-resident aquatic life
25dealers. All commercial roe dealer permits shall expire on

HB2028 Engrossed- 12 -LRB100 04643 SLF 14649 b
1March 31 May 31 of each year.
2 (b) Legally licensed commercial roe dealer permit holders
3may designate up to 2 employees on their commercial roe dealer
4permit. Employees designated on a commercial roe dealer permit
5must retain a copy of this permit in their possession while
6transporting roe bearing fishes either whole or in part.
7 (c) A violation of this Section is a Class A misdemeanor
8with a minimum mandatory fine of $500.
9(Source: P.A. 95-147, eff. 8-14-07; 95-876, eff. 8-21-08.)
10 (515 ILCS 5/20-95) (from Ch. 56, par. 20-95)
11 Sec. 20-95. Daily fee fishing area. Any person owning,
12controlling, or operating a water area, including access to
13this water area, that is used for fishing by those either
14directly or indirectly paying a daily fee for fishing shall
15make application to the Department for a license as provided in
16this Section. Upon receipt of an application, the Department
17shall inspect the proposed licensed area described in the
18application, the size and number of water areas, source of fish
19for stocking, species of fish to be stocked and determine the
20ability of the applicant to properly supervise a property of
21this character. If the Department finds that (i) the area is
22suitable for the purpose intended, (ii) the operation of the
23property is not a menace or being established contrary to the
24laws of this State, (iii) the operations of the fee fishing
25area will not work a fraud upon individuals utilizing the

HB2028 Engrossed- 13 -LRB100 04643 SLF 14649 b
1facilities, and (iv) the issuing of the license will be in the
2public interest, then the Department shall approve the
3application and issue a license to operate a "Daily Fee Fishing
4Area" as described in the application.
5 The fee for a license issued under this Section shall be
6$50 annually, and the license shall expire on March 31 the
7January 31 following its issuance.
8 Records of the season's operations, as may be required by
9the Department, shall be forwarded to the Department by the
10licensee within 30 days after the expiration date of the
11license.
12 The Department may refuse to issue, refuse to renew,
13suspend, or revoke any license issued under this Section if the
14Department finds that the licensed area or its operator is not
15in compliance with this Section. The Department, however, shall
16not refuse to issue or renew, or suspend or revoke, any license
17for any cause other than the protection of public health and
18safety or if the area is operated unlawfully, unless the
19licensee affected is given at least 15 days notice, in writing,
20of the reasons for the action of the Department and given an
21opportunity to appear before the Department or its
22representative in opposition to the action of the Department.
23(Source: P.A. 89-66, eff. 1-1-96.)
24 Section 10. The Wildlife Code is amended by changing
25Section 3.21 as follows:

HB2028 Engrossed- 14 -LRB100 04643 SLF 14649 b
1 (520 ILCS 5/3.21) (from Ch. 61, par. 3.21)
2 Sec. 3.21. (a) Every person before engaging in the business
3of taxidermy shall obtain a license for such purpose from the
4Department. Application for such license shall be filed with
5the Department and shall set forth the name of the applicant;
6its principal officers, if the applicant is a corporation, or
7the partners, if the applicant is a partnership; the location
8of the place of business and such additional information as the
9Department may require. The annual fee for each taxidermist
10license shall be $25.00. All licenses issued to taxidermists
11are valid only at the location described and designated on the
12application for such license. All taxidermist permits shall
13expire on March 31 January 31 of each year. Persons employed by
14a licensed taxidermist shall not be required to possess a
15taxidermist license while working for and at the place of
16business of the license holder.
17 Licensed taxidermists shall submit to the Department a list
18naming all individuals who will be working at the place of
19business specified on the license. Only those individuals whose
20names are on file with the Department shall be authorized to
21work under the scope of the taxidermist's license.
22 (b) Taxidermists shall keep written records of all birds or
23mammals, or parts thereof, received or returned by them.
24Records shall include the following information:
25 (1) The date the bird or mammal was received.

HB2028 Engrossed- 15 -LRB100 04643 SLF 14649 b
1 (2) The name and address of the person from whom the
2 bird or mammal was received.
3 (3) The number and species of each bird or mammal
4 received.
5 (4) The number and state of issuance of the hunting or
6 trapping license, or special Department permit, of the
7 individual from whom the bird or mammal was received. In
8 the absence of a license or permit number, the taxidermist
9 may rely on the written certification of the person from
10 whom the bird or mammal was received that the specimen was
11 legally taken or obtained, or, in the event the individual
12 is exempt from the apposite license requirements, an
13 indication of such exemption.
14 (c) All birds or mammals or parts thereof that have been
15received, preserved or mounted or possessed by a taxidermist
16are required to bear a coded origin tag or label. The origin
17tag or label shall correspond with written records containing
18more complete information as required by the Department.
19 (d) Taxidermy records shall be open for inspection by any
20peace officer at any reasonable hour. Taxidermists shall
21maintain records for a period of 2 years from the date of
22receipt of the bird or mammal or for as long as the specimen or
23mount remains in the taxidermist's possession, whichever is
24longer. The Department may require the taxidermist to submit to
25it such information as it deems necessary.
26 (e) A licensed taxidermist may possess the green hides of

HB2028 Engrossed- 16 -LRB100 04643 SLF 14649 b
1furbearers and other game mammals the year round as long as
2such hides are tagged as and remain the property of the
3individual who legally took them and for whom the taxidermist
4is performing services.
5 (f) A licensed taxidermist may without a fur tanners permit
6tan the green hides of furbearers and other game mammals as
7long as such hides are tagged as and remain the property of the
8individual who legally took them and for whom the taxidermist
9is performing services.
10 (f.5) A licensed taxidermist may, without a fur buyer's
11permit, buy, sell, transport and possess the green or tanned
12hides of any legally obtained furbearer or game mammal the year
13round as long as the hides in the taxidermist's possession are
14used for taxidermy purposes only and bear a coded origin tag or
15label. The origin tag or label shall correspond with written
16records containing more complete information as required by the
17Department.
18 (g) No taxidermist shall have in his or her possession any
19bird or mammal that is not listed in his written records and
20properly tagged or labeled.
21 (h) All persons licensed as taxidermists under this Act who
22shall ship any birds or mammals or parts thereof that have been
23received, preserved or mounted, shall tag or label such
24shipment and such tag or label shall state the name of the
25taxidermist and the number and date of his or her license.
26 (i) Nothing in this Section removes taxidermists from

HB2028 Engrossed- 17 -LRB100 04643 SLF 14649 b
1responsibility for the observance of any federal laws, rules,
2or regulations that may apply to the taxidermy business.
3(Source: P.A. 88-416.)
feedback