Full Text of HB1652 98th General Assembly
HB1652sam001 98TH GENERAL ASSEMBLY | Sen. Daniel Biss Filed: 4/30/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1652
| 2 | | AMENDMENT NO. ______. Amend House Bill 1652 on page 1, by | 3 | | inserting immediately below line 3 the following:
| 4 | | "Section 2. The Fish and Aquatic Life Code is amended by | 5 | | changing Section 20-105 as follows:
| 6 | | (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
| 7 | | Sec. 20-105. Revocation and suspension; refusal to issue.
| 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
| 3 | | established by administrative rule.
| 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
| 11 | | period of time not to exceed 5 years.
| 12 | | (c) Any person who knowingly or intentionally violates any
| 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.
| 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
| 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.
| 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.
| 7 | | (Source: P.A. 91-545, eff. 8-14-99.)
| 8 | | Section 3. The Wildlife Code is amended by changing Section | 9 | | 3.36 as follows:
| 10 | | (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
| 11 | | Sec. 3.36. Revocation and suspension.
| 12 | | (a) Whenever a license or permit is issued to any person
| 13 | | under this Act, and the holder thereof is found guilty of any
| 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.
| 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
| 8 | | period of time not to exceed 5 years.
| 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.
| 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.
| 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
| 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.
| 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.
| 16 | | (Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)".
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