Rep. Harry Benton

Filed: 3/20/2023

 

 


 

 


 
10300HB3677ham001LRB103 28194 RLC 59067 a

1
AMENDMENT TO HOUSE BILL 3677

2    AMENDMENT NO. ______. Amend House Bill 3677 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Fish and Aquatic Life Code is amended by
5changing Sections 20-45 and 20-105 as follows:
 
6    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
7    Sec. 20-45. License fees for residents. Fees for licenses
8for residents of the State of Illinois shall be as follows:
9        (a) Except as otherwise provided in this Section, for
10    sport fishing devices as defined in Section 10-95 or
11    spearing devices as defined in Section 10-110, the fee is
12    $14.50 for individuals 16 to 64 years old, one-half of the
13    current fishing license fee for individuals age 65 or
14    older, and, commencing with the 2012 license year,
15    one-half of the current fishing license fee for resident
16    veterans of the United States Armed Forces after returning

 

 

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1    from service abroad or mobilization by the President of
2    the United States as an active duty member of the United
3    States Armed Forces, the Illinois National Guard, or the
4    Reserves of the United States Armed Forces. Veterans must
5    provide to the Department acceptable verification of their
6    service. The Department shall establish by administrative
7    rule the procedure by which such verification of service
8    shall be made to the Department for the purpose of issuing
9    fishing licenses to resident veterans at a reduced fee.
10        (a-3) Except as otherwise provided in this Section,
11    for sport fishing devices as defined in Section 10-95 or
12    spearing devices as defined in Section 10-110, residents
13    of this State may obtain a 3-year fishing license. The fee
14    for a 3-year fishing license is 3 times the annual fee. For
15    residents age 65 or older, the fee is one half of the fee
16    charged for a 3-year fishing license. For resident
17    veterans of the United States Armed Forces after returning
18    from service abroad or mobilization by the President of
19    the United States, the fee is one-half of the fee charged
20    for a 3-year fishing license. Veterans must provide to the
21    Department, per administrative rule, verification of their
22    service. The Department shall establish what constitutes
23    suitable verification of service for the purpose of
24    issuing 3-year fishing licenses to resident veterans at a
25    reduced fee.
26        (a-5) The fee for all sport fishing licenses shall be

 

 

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1    $1 for an annual license and 3 times the annual fee for a
2    3-year license for residents over 75 years of age.
3        (b) All residents before using any commercial fishing
4    device shall obtain a commercial fishing license, the fee
5    for which shall be $60 and a resident fishing license, the
6    fee for which is $14.50. Each and every commercial device
7    used shall be licensed by a resident commercial fisherman
8    as follows:
9            (1) For each 100 lineal yards, or fraction
10        thereof, of seine the fee is $18. For each minnow
11        seine, minnow trap, or net for commercial purposes the
12        fee is $20.
13            (2) For each device to fish with a 100 hook trot
14        line device, basket trap, hoop net, or dip net the fee
15        is $3.
16            (3) When used in the waters of Lake Michigan, for
17        the first 2000 lineal feet, or fraction thereof, of
18        gill net the fee is $10; and for each 1000 additional
19        lineal feet, or fraction thereof, the fee is $10.
20        These fees shall apply to all gill nets in use in the
21        water or on drying reels on the shore.
22            (4) For each 100 lineal yards, or fraction
23        thereof, of gill net or trammel net the fee is $18.
24        (c) Residents of this the State of Illinois may obtain
25    a sportsmen's combination license that shall entitle the
26    holder to the same non-commercial fishing privileges as

 

 

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1    residents holding a license as described in subsection (a)
2    of this Section and to the same hunting privileges as
3    residents holding a license to hunt all species as
4    described in Section 3.1 of the Wildlife Code. No
5    sportsmen's combination license shall be issued to any
6    individual who would be ineligible for either the fishing
7    or hunting license separately. The sportsmen's combination
8    license fee shall be $25.50. For residents age 65 or
9    older, the fee is one-half of the fee charged for a
10    sportsmen's combination license. For resident veterans of
11    the United States Armed Forces after returning from
12    service abroad or mobilization by the President of the
13    United States as an active duty member of the United
14    States Armed Forces, the Illinois National Guard, or the
15    Reserves of the United States Armed Forces, the fee,
16    commencing with the 2012 license year, is one-half of the
17    fee charged for a sportsmen's combination license.
18    Veterans must provide to the Department acceptable
19    verification of their service. The Department shall
20    establish by administrative rule the procedure by which
21    such verification of service shall be made to the
22    Department for the purpose of issuing sportsmen's
23    combination licenses to resident veterans at a reduced
24    fee.
25        (c-5) Residents of this State may obtain a 3-year
26    sportsmen's combination license that shall entitle the

 

 

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1    holder to the same non-commercial fishing privileges as
2    residents holding a license as described in subsection
3    (a-3) and to the same hunting privileges as residents
4    holding a license to hunt all species as described in
5    Section 3.1 of the Wildlife Code. A 3-year sportsmen's
6    combination license shall not be issued to any individual
7    who would be ineligible for either the fishing or hunting
8    license separately. The 3-year sportsmen's combination
9    license fee shall be 3 times the annual fee. For residents
10    age 65 or older, the fee is one-half of the fee charged for
11    a 3-year sportsmen's combination license. For resident
12    veterans of the United States Armed Forces after returning
13    from service abroad or mobilization by the President of
14    the United States, the fee is one-half of the fee charged
15    for a 3-year sportsmen's combination license. Veterans
16    must provide to the Department, per administrative rule,
17    verification of their service. The Department shall
18    establish what constitutes suitable verification of
19    service for the purpose of issuing 3-year sportsmen's
20    combination licenses to resident veterans at a reduced
21    fee.
22        (d) For 24 hours of fishing by sport fishing devices
23    as defined in Section 10-95 or by spearing devices as
24    defined in Section 10-110 the fee is $5. This license does
25    not exempt the licensee from the requirement for a salmon
26    or inland trout stamp. The licenses provided for by this

 

 

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1    subsection are not required for residents of the State of
2    Illinois who have obtained the license provided for in
3    subsection (a) or (a-3) of this Section.
4        (e) All residents before using any commercial mussel
5    device shall obtain a commercial mussel license, the fee
6    for which shall be $50.
7        (f) Residents of this State, upon establishing
8    residency as required by the Department, may obtain a
9    lifetime hunting or fishing license or lifetime
10    sportsmen's combination license which shall entitle the
11    holder to the same non-commercial fishing privileges as
12    residents holding a license as described in paragraph (a)
13    of this Section and to the same hunting privileges as
14    residents holding a license to hunt all species as
15    described in Section 3.1 of the Wildlife Code. No lifetime
16    sportsmen's combination license shall be issued to or
17    retained by any individual who would be ineligible for
18    either the fishing or hunting license separately, either
19    upon issuance, or in any year a violation would subject an
20    individual to have either or both fishing or hunting
21    privileges rescinded. The lifetime hunting and fishing
22    license fees shall be as follows:
23            (1) Lifetime fishing: 30 x the current fishing
24        license fee.
25            (2) Lifetime hunting: 30 x the current hunting
26        license fee.

 

 

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1            (3) Lifetime sportsmen's combination license: 30 x
2        the current sportsmen's combination license fee.
3    Lifetime licenses shall not be refundable. A $10 fee shall
4be charged for reissuing any lifetime license. The Department
5may establish rules and regulations for the issuance and use
6of lifetime licenses and may suspend or revoke any lifetime
7license issued under this Section for violations of those
8rules or regulations or other provisions under this Code or ,
9the Wildlife Code, or a violation of the United States Code
10that involves the taking, possessing, killing, harvesting,
11transportation, selling, exporting, or importing any fish or
12aquatic life protected by this Code or the taking, possessing,
13killing, harvesting, transportation, selling, exporting, or
14importing any fauna protected by the Wildlife Code when any
15part of the United States Code violation occurred in Illinois.
16Individuals under 16 years of age who possess a lifetime
17hunting or sportsmen's combination license shall have in their
18possession, while in the field, a certificate of competency as
19required under Section 3.2 of the Wildlife Code. Any lifetime
20license issued under this Section shall not exempt individuals
21from obtaining additional stamps or permits required under the
22provisions of this Code or the Wildlife Code. Individuals
23required to purchase additional stamps shall sign the stamps
24and have them in their possession while fishing or hunting
25with a lifetime license. All fees received from the issuance
26of lifetime licenses shall be deposited in the Fish and

 

 

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1Wildlife Endowment Fund.
2    Except for licenses issued under subsection (e) of this
3Section, all licenses provided for in this Section shall
4expire on March 31 of each year, except that the license
5provided for in subsection (d) of this Section shall expire 24
6hours after the effective date and time listed on the face of
7the license. Licenses issued under subsection (a-3) or (c-5)
8shall expire on March 31 of the 2nd year after the year in
9which the license is issued.
10    The Department shall by administrative rule provide for
11the automatic renewal of a fishing license upon the request of
12the applicant.
13    All individuals required to have and failing to have the
14license provided for in subsection (a), (a-3), or (d) of this
15Section shall be fined according to the provisions of Section
1620-35 of this Code.
17    All individuals required to have and failing to have the
18licenses provided for in subsections (b) and (e) of this
19Section shall be guilty of a Class B misdemeanor.
20    (g) For the purposes of this Section, "acceptable
21verification" means official documentation from the Department
22of Defense or the appropriate Major Command showing
23mobilization dates or service abroad dates, including: (i) a
24DD-214, (ii) a letter from the Illinois Department of Military
25Affairs for members of the Illinois National Guard, (iii) a
26letter from the Regional Reserve Command for members of the

 

 

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1Armed Forces Reserve, (iv) a letter from the Major Command
2covering Illinois for active duty members, (v) personnel
3records for mobilized State employees, and (vi) any other
4documentation that the Department, by administrative rule,
5deems acceptable to establish dates of mobilization or service
6abroad.
7    For the purposes of this Section, the term "service
8abroad" means active duty service outside of the 50 United
9States and the District of Columbia, and includes all active
10duty service in territories and possessions of the United
11States.
12(Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22;
13revised 7-26-22.)
 
14    (515 ILCS 5/20-105)  (from Ch. 56, par. 20-105)
15    Sec. 20-105. Revocation and suspension; refusal to issue.
16    (a) Whenever a license or permit is issued to any person
17under this Code and its holder is found guilty of any
18misrepresentation in obtaining the license or permit or of a
19violation of Section 48-3 of the Criminal Code of 2012 or a
20violation of any of the provisions of this Code, including
21administrative rules, or a violation of the United States Code
22that involves the taking, possessing, killing, harvesting,
23transportation, selling, exporting, or importing any aquatic
24life protected by this Code when any part of the United States
25Code violation occurred in Illinois, the license or permit may

 

 

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1be revoked by the Department and the Department may refuse to
2issue any permit or license to that person and may suspend the
3person from engaging in the activity requiring the permit or
4license for a period of time not to exceed 5 years following
5the revocation. Department revocation procedure shall be
6established by administrative rule.
7    (b) Whenever any person who has not been issued a license
8or a permit under the provisions of this Code is found guilty
9of a violation of Section 48-3 of the Criminal Code of 2012 or
10a violation of the provisions of this Code, including
11administrative rules, or a violation of the United States Code
12that involves the taking, possessing, killing, harvesting,
13transportation, selling, exporting, or importing any aquatic
14life protected by this Code when any part of the United States
15Code violation occurred in Illinois, the Department may refuse
16to issue any permit or license to that person, and suspend that
17person from engaging in the activity requiring the permit or
18license for a period of time not to exceed 5 years.
19    (c) Any person who knowingly or intentionally violates any
20of the provisions of this Code, including administrative
21rules, during the 5 years following the revocation of his or
22her license or permit under subsection (a) or during the time
23he is suspended under subsection (b), shall be guilty of a
24Class A misdemeanor as provided in Section 20-35. The
25penalties for a violation of Section 48-3 of the Criminal Code
26of 2012 shall be as provided in that Section.

 

 

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1    (d) A person whose license or permit to engage in any
2activity regulated by this Code has been suspended or revoked
3may not, during the period of the suspension or revocation or
4until obtaining such a license or permit, (i) be in the company
5of any person engaging in the activity covered by the
6suspension or revocation or (ii) serve as a guide, outfitter,
7or facilitator for a person who is engaged or prepared to
8engage in the activity covered by the suspension or
9revocation.
10    (e) No person may be issued or obtain a license or permit
11or engage in any activity regulated by this Code during the
12time that the person's privilege to engage in the same or
13similar activities is suspended or revoked by another state,
14by a federal agency, or by a province of Canada.
15    (f) Any person whose license, stamps, permits, or any
16other privilege issued by the Department has been suspended or
17revoked shall immediately return proof of such privileges to
18the Department. The Department, or any law enforcement entity,
19is authorized to take possession of any proof of privileges.
20Any person failing to comply with this subsection by
21possessing a suspended or revoked license, stamp, or permit
22issued by the Department after having received written notice
23from the Department or any other State agency or department of
24such suspension or revocation is guilty of a Class A
25misdemeanor.
26(Source: P.A. 102-837, eff. 5-13-22.)
 

 

 

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1    Section 10. The Wildlife Code is amended by changing
2Sections 3.2 and 3.36 as follows:
 
3    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
4    Sec. 3.2. Hunting license; application; instruction.
5Before the Department or any county, city, village, township,
6incorporated town clerk or his duly designated agent or any
7other person authorized or designated by the Department to
8issue hunting licenses shall issue a hunting license to any
9person, the person shall file his application with the
10Department or other party authorized to issue licenses on a
11form provided by the Department and further give definite
12proof of identity and place of legal residence. Each clerk
13designating agents to issue licenses and stamps shall furnish
14the Department, within 10 days following the appointment, the
15names and mailing addresses of the agents. Each clerk or his
16duly designated agent shall be authorized to sell licenses and
17stamps only within the territorial area for which he was
18elected or appointed. No duly designated agent is authorized
19to furnish licenses or stamps for issuance by any other
20business establishment. Each application shall be executed and
21sworn to and shall set forth the name and description of the
22applicant and place of residence.
23    No hunting license shall be issued to any person born on or
24after January 1, 1980 unless he presents the person authorized

 

 

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1to issue the license evidence that he has held a hunting
2license issued by the State of Illinois or another state in a
3prior year, or a certificate of competency as provided in this
4Section. Persons under 18 years of age may be issued a Lifetime
5Hunting or Sportsmen's Combination License as provided under
6Section 20-45 of the Fish and Aquatic Life Code but shall not
7be entitled to hunt alone, without the supervision of an adult
8age 21 or older, unless they have a certificate of competency
9as provided in this Section and the certificate is in their
10possession while hunting.
11    The Department of Natural Resources shall authorize
12personnel of the Department or certified volunteer instructors
13to conduct courses, of not less than 10 hours in length, in
14firearms and hunter safety, which may include training in bow
15and arrow safety, at regularly specified intervals throughout
16the State. Persons successfully completing the course shall
17receive a certificate of competency. The Department of Natural
18Resources may further cooperate with any reputable association
19or organization in establishing courses if the organization
20has as one of its objectives the promotion of safety in the
21handling of firearms or bow and arrow.
22    The Department of Natural Resources shall designate any
23person found by it to be competent to give instruction in the
24handling of firearms, hunter safety, and bow and arrow. The
25persons so appointed shall give the course of instruction and
26upon the successful completion shall issue to the person

 

 

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1instructed a certificate of competency in the safe handling of
2firearms, hunter safety, and bow and arrow. No charge shall be
3made for any course of instruction except for materials or
4ammunition consumed. The Department of Natural Resources shall
5furnish information on the requirements of hunter safety
6education programs to be distributed free of charge to
7applicants for hunting licenses by the persons appointed and
8authorized to issue licenses. Funds for the conducting of
9firearms and hunter safety courses shall be taken from the fee
10charged for the Firearm Owners Identification Card.
11    The fee for a hunting license to hunt all species for a
12resident of Illinois is $12. For residents age 65 or older,
13and, commencing with the 2012 license year, resident veterans
14of the United States Armed Forces after returning from service
15abroad or mobilization by the President of the United States
16as an active duty member of the United States Armed Forces, the
17Illinois National Guard, or the Reserves of the United States
18Armed Forces, the fee is one-half of the fee charged for a
19hunting license to hunt all species for a resident of
20Illinois. Veterans must provide to the Department acceptable
21verification of their service. The Department shall establish
22by administrative rule the procedure by which such
23verification of service shall be made to the Department for
24the purpose of issuing resident veterans hunting licenses at a
25reduced fee. The fee for a hunting license to hunt all species
26shall be $1 for residents over 75 years of age. Nonresidents

 

 

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1shall be charged $57 for a hunting license.
2    Residents of this State may obtain a 3-year hunting
3license to hunt all species for 3 times the annual fee. For
4residents age 65 or older and resident veterans of the United
5States Armed Forces after returning from service abroad or
6mobilization by the President of the United States, the fee is
7one-half of the fee charged for a 3-year hunting license to
8hunt all species for a resident of this State. Veterans must
9provide to the Department, per administrative rule,
10verification of their service. The Department shall establish
11what constitutes suitable verification of service for the
12purpose of issuing resident veterans 3-year hunting licenses
13at a reduced fee.
14    Nonresidents may be issued a nonresident hunting license
15for a period not to exceed 10 consecutive days' hunting in the
16State and shall be charged a fee of $35.
17    A special nonresident hunting license authorizing a
18nonresident to take game birds by hunting on a game breeding
19and hunting preserve area only, established under Section
203.27, shall be issued upon proper application being made and
21payment of a fee equal to that for a resident hunting license.
22The expiration date of this license shall be on the same date
23each year that game breeding and hunting preserve area
24licenses expire.
25    Each applicant for a State Migratory Waterfowl Stamp,
26regardless of his residence or other condition, shall pay a

 

 

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1fee of $15 and shall receive a stamp. The fee for a State
2Migratory Waterfowl Stamp shall be waived for residents over
375 years of age. Except as provided under Section 20-45 of the
4Fish and Aquatic Life Code, the stamp shall be signed by the
5person or affixed to his license or permit in a space
6designated by the Department for that purpose.
7    Each applicant for a State Habitat Stamp, regardless of
8his residence or other condition, shall pay a fee of $5 and
9shall receive a stamp. The fee for a State Habitat Stamp shall
10be waived for residents over 75 years of age. Except as
11provided under Section 20-45 of the Fish and Aquatic Life
12Code, the stamp shall be signed by the person or affixed to his
13license or permit in a space designated by the Department for
14that purpose.
15    Nothing in this Section shall be construed as to require
16the purchase of more than one State Habitat Stamp by any person
17in any one license year.
18    The fees for State Pheasant Stamps and State Furbearer
19Stamps shall be waived for residents over 75 years of age.
20    The Department shall furnish the holders of hunting
21licenses and stamps with an insignia as evidence of possession
22of license, or license and stamp, as the Department may
23consider advisable. The insignia shall be exhibited and used
24as the Department may order.
25    All other hunting licenses and all State stamps shall
26expire upon March 31 of each year. Three-year hunting licenses

 

 

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1shall expire on March 31 of the 2nd year after the year in
2which the license is issued.
3    Every person holding any license, permit, or stamp issued
4under the provisions of this Act shall have it in his
5possession for immediate presentation for inspection to the
6officers and authorized employees of the Department, any
7sheriff, deputy sheriff, or any other peace officer making a
8demand for it. This provision shall not apply to Department
9owned or managed sites where it is required that all hunters
10deposit their license, permit, or Firearm Owner's
11Identification Card at the check station upon entering the
12hunting areas.
13    For the purposes of this Section, "acceptable
14verification" means official documentation from the Department
15of Defense or the appropriate Major Command showing
16mobilization dates or service abroad dates, including: (i) a
17DD-214, (ii) a letter from the Illinois Department of Military
18Affairs for members of the Illinois National Guard, (iii) a
19letter from the Regional Reserve Command for members of the
20Armed Forces Reserve, (iv) a letter from the Major Command
21covering Illinois for active duty members, (v) personnel
22records for mobilized State employees, and (vi) any other
23documentation that the Department, by administrative rule,
24deems acceptable to establish dates of mobilization or service
25abroad.
26    For the purposes of this Section, the term "service

 

 

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1abroad" means active duty service outside of the 50 United
2States and the District of Columbia, and includes all active
3duty service in territories and possessions of the United
4States.
5(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)
 
6    (520 ILCS 5/3.36)  (from Ch. 61, par. 3.36)
7    Sec. 3.36. Revocation and suspension.
8    (a) Whenever a license or permit is issued to any person
9under this Act, and the holder thereof is found guilty of any
10misrepresentation in obtaining such license or permit or of a
11violation of Section 48-3 of the Criminal Code of 2012 or a
12violation of any of the provisions of this Act, including
13administrative rules, or a violation of the United States Code
14that involves the taking, possessing, killing, harvesting,
15transportation, selling, exporting, or importing any wildlife
16protected by this Code when any part of the United States Code
17violation occurred in Illinois, his license or permit may be
18revoked by the Department, and the Department may refuse to
19issue any permit or license to such person and may suspend the
20person from engaging in the activity requiring the permit or
21license for a period of time not to exceed 5 years following
22such revocation.
23    Department revocation procedures shall be established by
24Administrative rule.
25    (b) Whenever any person who has not been issued a license

 

 

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1or a permit under the provisions of this Code is found guilty
2of a violation of Section 48-3 of the Criminal Code of 2012 or
3a violation of the provisions of this Code, including
4administrative rules, or a violation of the United States Code
5that involves the taking, possessing, killing, harvesting,
6transportation, selling, exporting, or importing any wildlife
7protected by this Code when any part of the United States Code
8violation occurred in Illinois, the Department may refuse to
9issue any permit or license to that person, and suspend that
10person from engaging in the activity requiring the permit or
11license for a period of time not to exceed 5 years.
12    (c) Any person who knowingly or intentionally violates any
13of the provisions of this Act, including administrative rules,
14during such period when his license or permit is revoked or
15denied by virtue of this Section or during the time he is
16suspended under subsection (b), shall be guilty of a Class A
17misdemeanor. The penalties for a violation of Section 48-3 of
18the Criminal Code of 2012 shall be as provided in that Section.
19    (d) Licenses and permits authorized to be issued under the
20provisions of this Act shall be prepared by the Department and
21be in such form as prescribed by the Department. The
22information required on each license shall be completed
23thereon by the issuing agent or his sub-agent at the time of
24issuance and each license shall be signed by the licensee, or
25initialed by the designated purchaser and then signed
26immediately upon receipt by the licensee, and countersigned by

 

 

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1the issuing agent or his sub-agent at the time of issuance. All
2such licenses shall be supplied by the Department, subject to
3such rules and regulations as the Department may prescribe.
4Any license not properly prepared, obtained and signed as
5required by this Act shall be void.
6    (e) A person whose license or permit to engage in any
7activity regulated by this Code has been suspended or revoked
8may not, during the period of the suspension or revocation or
9until obtaining such a license or permit, (i) be in the company
10of any person engaging in the activity covered by the
11suspension or revocation or (ii) serve as a guide, outfitter,
12or facilitator for a person who is engaged or prepared to
13engage in the activity covered by the suspension or
14revocation.
15    (f) No person may be issued or obtain a license or permit
16or engage in any activity regulated by this Code during the
17time that the person's privilege to engage in the same or
18similar activities is suspended or revoked by another state,
19by a federal agency, or by a province of Canada.
20    (g) Any person whose license, stamps, permits, or any
21other privilege issued by the Department has been suspended or
22revoked shall immediately return proof of such privileges to
23the Department. The Department, or any law enforcement entity,
24is authorized to take possession of any proof of privileges.
25Any person failing to comply with this subsection by
26possessing a suspended or revoked license, stamp, or permit

 

 

10300HB3677ham001- 21 -LRB103 28194 RLC 59067 a

1issued by the Department after having received written notice
2from the Department or any other State agency or department of
3such suspension or revocation is guilty of a Class A
4misdemeanor.
5(Source: P.A. 102-837, eff. 5-13-22.)".