Bill Text: IL HB1652 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Wildlife Code. Makes a technical change in a Section concerning administration and definitions.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0402 [HB1652 Detail]
Download: Illinois-2013-HB1652-Amended.html
Bill Title: Amends the Wildlife Code. Makes a technical change in a Section concerning administration and definitions.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0402 [HB1652 Detail]
Download: Illinois-2013-HB1652-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1652
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2 | AMENDMENT NO. ______. Amend House Bill 1652 on page 1, by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 2. The Fish and Aquatic Life Code is amended by | ||||||
5 | changing Section 20-105 as follows:
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6 | (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
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7 | Sec. 20-105. Revocation and suspension; refusal to issue.
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8 | (a) Whenever a license or permit is issued to any person | ||||||
9 | under this Code
and its holder is found guilty of any | ||||||
10 | misrepresentation in obtaining the
license or permit or of a | ||||||
11 | violation of Section 48-3 of the Criminal Code of 2012 or a | ||||||
12 | violation of any of the provisions of this Code,
including | ||||||
13 | administrative rules, the license or permit may be revoked by | ||||||
14 | the
Department and the Department may refuse to issue any | ||||||
15 | permit or license to
that person and may suspend the person | ||||||
16 | from engaging in the activity
requiring the permit or license |
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1 | for a period of time not to exceed 5 years
following the | ||||||
2 | revocation. Department revocation procedure shall be
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3 | established by administrative rule.
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4 | (b) Whenever any person who has not been issued a license | ||||||
5 | or a permit
under the provisions of this Code is found guilty | ||||||
6 | of a violation of Section 48-3 of the Criminal Code of 2012 or | ||||||
7 | a violation of the
provisions of this Code, including | ||||||
8 | administrative rules, the Department may
refuse to issue any | ||||||
9 | permit or license to that person, and suspend that
person from | ||||||
10 | engaging in the activity requiring the permit or license for a
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11 | period of time not to exceed 5 years.
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12 | (c) Any person who knowingly or intentionally violates any
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13 | of the provisions of this Code, including administrative rules, | ||||||
14 | during the
5 years following the revocation of his or her | ||||||
15 | license or permit under
subsection (a) or during the time he is | ||||||
16 | suspended under subsection
(b), shall be guilty of a Class A | ||||||
17 | misdemeanor as provided in Section 20-35. The penalties for a | ||||||
18 | violation of Section 48-3 of the Criminal Code of 2012 shall be | ||||||
19 | as provided in that Section.
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20 | (d) A person whose license or permit to engage in any | ||||||
21 | activity regulated
by this
Code has been suspended or revoked | ||||||
22 | may not, during the period of the suspension
or
revocation or | ||||||
23 | until obtaining such a license or permit, (i) be in the company
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24 | of any person
engaging in the activity covered by the | ||||||
25 | suspension or revocation or (ii) serve
as a guide,
outfitter, | ||||||
26 | or facilitator for a person who is engaged or prepared to |
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1 | engage in
the activity
covered by the suspension or revocation.
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2 | (e) No person may be issued or obtain a license or permit | ||||||
3 | or engage in any
activity regulated by this Code during the | ||||||
4 | time that the person's privilege to
engage in the
same or | ||||||
5 | similar activities is suspended or revoked by another state, by | ||||||
6 | a
federal agency,
or by a province of Canada.
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7 | (Source: P.A. 91-545, eff. 8-14-99.)
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8 | Section 3. The Wildlife Code is amended by changing Section | ||||||
9 | 3.36 as follows:
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10 | (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
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11 | Sec. 3.36. Revocation and suspension.
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12 | (a) Whenever a license or permit is issued to any person
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13 | under this Act, and the holder thereof is found guilty of any
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14 | misrepresentation in obtaining such license or permit or of a | ||||||
15 | violation of Section 48-3 of the Criminal Code of 2012 or a | ||||||
16 | violation of
any of the provisions of this Act, including | ||||||
17 | administrative rules, his
license or permit may be revoked by | ||||||
18 | the Department, and the Department may
refuse to issue any | ||||||
19 | permit or license to such person and may suspend the
person | ||||||
20 | from engaging in the activity requiring the permit or license | ||||||
21 | for a
period of time not to exceed 5 years following such | ||||||
22 | revocation.
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23 | Department revocation procedures shall be established by | ||||||
24 | Administrative
rule.
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1 | (b) Whenever any person who has not been issued a license | ||||||
2 | or a permit
under the provisions of this Code is found guilty | ||||||
3 | of a violation of Section 48-3 of the Criminal Code of 2012 or | ||||||
4 | a violation of the
provisions of this Code, including | ||||||
5 | administrative rules, the Department may
refuse to issue any | ||||||
6 | permit or license to that person, and suspend that
person from | ||||||
7 | engaging in the activity requiring the permit or license for a
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8 | period of time not to exceed 5 years.
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9 | (c) Any person who knowingly or intentionally violates any | ||||||
10 | of the
provisions of this Act, including administrative rules, | ||||||
11 | during such period
when his license or permit is revoked or | ||||||
12 | denied by virtue of this Section
or during the time he is | ||||||
13 | suspended under subsection (b), shall be guilty of
a Class A | ||||||
14 | misdemeanor. The penalties for a violation of Section 48-3 of | ||||||
15 | the Criminal Code of 2012 shall be as provided in that Section.
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16 | (d) Licenses and permits authorized to be issued under the | ||||||
17 | provisions of
this Act shall be prepared by the Department and | ||||||
18 | be in such form as
prescribed by the Department. The | ||||||
19 | information required on each license
shall be completed thereon | ||||||
20 | by the issuing agent or his sub-agent at the
time of issuance | ||||||
21 | and each license shall be signed by the licensee, or
initialed | ||||||
22 | by the designated purchaser and then signed immediately upon | ||||||
23 | receipt
by the licensee, and
countersigned by the issuing agent | ||||||
24 | or his sub-agent at the time of
issuance. All such licenses | ||||||
25 | shall be supplied by the Department, subject to
such rules and | ||||||
26 | regulations as the Department may prescribe. Any license not
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1 | properly prepared, obtained and signed as required by this Act | ||||||
2 | shall be
void.
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3 | (e) A person whose license or permit to engage in any | ||||||
4 | activity regulated
by
this
Code has been suspended or revoked | ||||||
5 | may not, during the period of the suspension
or
revocation or | ||||||
6 | until obtaining such a license or permit, (i) be in the company
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7 | of any person
engaging in the activity covered by the | ||||||
8 | suspension or revocation or (ii) serve
as a guide,
outfitter, | ||||||
9 | or facilitator for a person who is engaged or prepared to | ||||||
10 | engage in
the activity
covered by the suspension or revocation.
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11 | (f) No person may be issued or obtain a license or permit | ||||||
12 | or engage in any
activity
regulated by this Code during the | ||||||
13 | time that the person's privilege to engage in
the same
or | ||||||
14 | similar activities is suspended or revoked by another state, by | ||||||
15 | a federal
agency, or by a
province of Canada.
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16 | (Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)".
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