Illinois General Assembly - Full Text of HB4680
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Full Text of HB4680  102nd General Assembly

HB4680enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4680 EnrolledLRB102 22291 CMG 31424 b

1    AN ACT concerning fish.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of
6Illinois is amended by changing Section 805-305 as follows:
 
7    (20 ILCS 805/805-305)  (was 20 ILCS 805/63a23)
8    Sec. 805-305. Campsites and housing facilities. The
9Department has the power to provide facilities for overnight
10tent and trailer campsites and to provide suitable housing
11facilities for student and juvenile overnight camping groups.
12The Department of Natural Resources may regulate, by
13administrative order, the fees to be charged for tent and
14trailer camping units at individual park areas based upon the
15facilities available. However, for campsites with access to
16showers or electricity, any Illinois resident who is age 62 or
17older or has a Class 2 disability as defined in Section 4A of
18the Illinois Identification Card Act shall be charged only
19one-half of the camping fee charged to the general public
20during the period Monday through Thursday of any week and
21shall be charged the same camping fee as the general public on
22all other days. For campsites without access to showers or
23electricity, no camping fee authorized by this Section shall

 

 

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1be charged to any resident of Illinois who has a Class 2
2disability as defined in Section 4A of the Illinois
3Identification Card Act. For campsites without access to
4showers or electricity, no camping fee authorized by this
5Section shall be charged to any resident of Illinois who is age
662 or older for the use of a campsite unit during the period
7Monday through Thursday of any week. No camping fee authorized
8by this Section shall be charged to any resident of Illinois
9who is a veteran with a disability or a former prisoner of war,
10as defined in Section 5 of the Department of Veterans' Affairs
11Act. No camping fee authorized by this Section shall be
12charged to any resident of Illinois after returning from
13service abroad or mobilization by the President of the United
14States as an active duty member of the United States Armed
15Forces, the Illinois National Guard, or the Reserves of the
16United States Armed Forces for the amount of time that the
17active duty member spent in service abroad or mobilized if the
18person (i) applies for a pass with at the Department office in
19Springfield within 2 years after returning and provides
20acceptable verification of service or mobilization to the
21Department. Any or (ii) applies for a pass at a Regional Office
22of the Department within 2 years after returning and provides
23acceptable verification of service or mobilization to the
24Department; any portion of a year that the active duty member
25spent in service abroad or mobilized shall count as a full
26year. The procedure by which a person may provide to the

 

 

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1Department verification of service abroad or mobilization by
2the President of the United States shall be set by
3administrative rule. Nonresidents shall be charged the same
4fees as are authorized for the general public regardless of
5age. The Department shall provide by regulation for suitable
6proof of age, or either a valid driver's license or a "Golden
7Age Passport" issued by the federal government shall be
8acceptable as proof of age. The Department shall further
9provide by regulation that notice of these reduced admission
10fees be posted in a conspicuous place and manner.
11    Reduced fees authorized in this Section shall not apply to
12any charge for utility service.
13    For the purposes of this Section, "acceptable verification
14of service or mobilization" means official documentation from
15the Department of Defense or the appropriate Major Command
16showing mobilization dates or service abroad dates, including:
17(i) a DD-214, (ii) a letter from the Illinois Department of
18Military Affairs for members of the Illinois National Guard,
19(iii) a letter from the Regional Reserve Command for members
20of the Armed Forces Reserve, (iv) a letter from the Major
21Command covering Illinois for active duty members, (v)
22personnel records for mobilized State employees, and (vi) any
23other documentation that the Department, by administrative
24rule, deems acceptable to establish dates of mobilization or
25service abroad.
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. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
6100-143, eff. 1-1-18.)
 
7    Section 10. The Fish and Aquatic Life Code is amended by
8changing Sections 20-45 and 20-47 as follows:
 
9    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
10    Sec. 20-45. License fees for residents. Fees for licenses
11for residents of the State of Illinois shall be as follows:
12        (a) Except as otherwise provided in this Section, for
13    sport fishing devices as defined in Section 10-95 or
14    spearing devices as defined in Section 10-110, the fee is
15    $14.50 for individuals 16 to 64 years old, one-half of the
16    current fishing license fee for individuals age 65 or
17    older, and, commencing with the 2012 license year,
18    one-half of the current fishing license fee for resident
19    veterans of the United States Armed Forces after returning
20    from service abroad or mobilization by the President of
21    the United States as an active duty member of the United
22    States Armed Forces, the Illinois National Guard, or the
23    Reserves of the United States Armed Forces. Veterans must
24    provide, to the Department acceptable at one of the

 

 

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1    Department's 5 regional offices, verification of their
2    service. The Department shall establish by administrative
3    rule the procedure by which such verification of service
4    shall be made to the Department what constitutes suitable
5    verification of service for the purpose of issuing fishing
6    licenses to resident veterans at a reduced fee.
7        (a-5) The fee for all sport fishing licenses shall be
8    $1 for residents over 75 years of age.
9        (b) All residents before using any commercial fishing
10    device shall obtain a commercial fishing license, the fee
11    for which shall be $60 and a resident fishing license, the
12    fee for which is $14.50. Each and every commercial device
13    used shall be licensed by a resident commercial fisherman
14    as follows:
15            (1) For each 100 lineal yards, or fraction
16        thereof, of seine the fee is $18. For each minnow
17        seine, minnow trap, or net for commercial purposes the
18        fee is $20.
19            (2) For each device to fish with a 100 hook trot
20        line device, basket trap, hoop net, or dip net the fee
21        is $3.
22            (3) When used in the waters of Lake Michigan, for
23        the first 2000 lineal feet, or fraction thereof, of
24        gill net the fee is $10; and for each 1000 additional
25        lineal feet, or fraction thereof, the fee is $10.
26        These fees shall apply to all gill nets in use in the

 

 

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1        water or on drying reels on the shore.
2            (4) For each 100 lineal yards, or fraction
3        thereof, of gill net or trammel net the fee is $18.
4        (c) Residents of the State of Illinois may obtain a
5    sportsmen's combination license that shall entitle the
6    holder to the same non-commercial fishing privileges as
7    residents holding a license as described in subsection (a)
8    of this Section and to the same hunting privileges as
9    residents holding a license to hunt all species as
10    described in Section 3.1 of the Wildlife Code. No
11    sportsmen's combination license shall be issued to any
12    individual who would be ineligible for either the fishing
13    or hunting license separately. The sportsmen's combination
14    license fee shall be $25.50. For residents age 65 or
15    older, the fee is one-half of the fee charged for a
16    sportsmen's combination license. For resident veterans of
17    the United States Armed Forces after returning from
18    service abroad or mobilization by the President of the
19    United States as an active duty member of the United
20    States Armed Forces, the Illinois National Guard, or the
21    Reserves of the United States Armed Forces, the fee,
22    commencing with the 2012 license year, is one-half of the
23    fee charged for a sportsmen's combination license.
24    Veterans must provide to the Department acceptable , at
25    one of the Department's 5 regional offices, verification
26    of their service. The Department shall establish by

 

 

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1    administrative rule the procedure by which such what
2    constitutes suitable verification of service shall be made
3    to the Department for the purpose of issuing sportsmen's
4    combination licenses to resident veterans at a reduced
5    fee.
6        (d) For 24 hours of fishing by sport fishing devices
7    as defined in Section 10-95 or by spearing devices as
8    defined in Section 10-110 the fee is $5. This license does
9    not exempt the licensee from the requirement for a salmon
10    or inland trout stamp. The licenses provided for by this
11    subsection are not required for residents of the State of
12    Illinois who have obtained the license provided for in
13    subsection (a) of this Section.
14        (e) All residents before using any commercial mussel
15    device shall obtain a commercial mussel license, the fee
16    for which shall be $50.
17        (f) Residents of this State, upon establishing
18    residency as required by the Department, may obtain a
19    lifetime hunting or fishing license or lifetime
20    sportsmen's combination license which shall entitle the
21    holder to the same non-commercial fishing privileges as
22    residents holding a license as described in paragraph (a)
23    of this Section and to the same hunting privileges as
24    residents holding a license to hunt all species as
25    described in Section 3.1 of the Wildlife Code. No lifetime
26    sportsmen's combination license shall be issued to or

 

 

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1    retained by any individual who would be ineligible for
2    either the fishing or hunting license separately, either
3    upon issuance, or in any year a violation would subject an
4    individual to have either or both fishing or hunting
5    privileges rescinded. The lifetime hunting and fishing
6    license fees shall be as follows:
7            (1) Lifetime fishing: 30 x the current fishing
8        license fee.
9            (2) Lifetime hunting: 30 x the current hunting
10        license fee.
11            (3) Lifetime sportsmen's combination license: 30 x
12        the current sportsmen's combination license fee.
13    Lifetime licenses shall not be refundable. A $10 fee shall
14be charged for reissuing any lifetime license. The Department
15may establish rules and regulations for the issuance and use
16of lifetime licenses and may suspend or revoke any lifetime
17license issued under this Section for violations of those
18rules or regulations or other provisions under this Code or
19the Wildlife Code. Individuals under 16 years of age who
20possess a lifetime hunting or sportsmen's combination license
21shall have in their possession, while in the field, a
22certificate of competency as required under Section 3.2 of the
23Wildlife Code. Any lifetime license issued under this Section
24shall not exempt individuals from obtaining additional stamps
25or permits required under the provisions of this Code or the
26Wildlife Code. Individuals required to purchase additional

 

 

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1stamps shall sign the stamps and have them in their possession
2while fishing or hunting with a lifetime license. All fees
3received from the issuance of lifetime licenses shall be
4deposited in the Fish and Wildlife Endowment Fund.
5    Except for licenses issued under subsection (e) of this
6Section, all licenses provided for in this Section shall
7expire on March 31 of each year, except that the license
8provided for in subsection (d) of this Section shall expire 24
9hours after the effective date and time listed on the face of
10the license.
11    All individuals required to have and failing to have the
12license provided for in subsection (a) or (d) of this Section
13shall be fined according to the provisions of Section 20-35 of
14this Code.
15    All individuals required to have and failing to have the
16licenses provided for in subsections (b) and (e) of this
17Section shall be guilty of a Class B misdemeanor.
18    (g) For the purposes of this Section, "acceptable
19verification" means official documentation from the Department
20of Defense or the appropriate Major Command showing
21mobilization dates or service abroad dates, including: (i) a
22DD-214, (ii) a letter from the Illinois Department of Military
23Affairs for members of the Illinois National Guard, (iii) a
24letter from the Regional Reserve Command for members of the
25Armed Forces Reserve, (iv) a letter from the Major Command
26covering Illinois for active duty members, (v) personnel

 

 

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1records for mobilized State employees, and (vi) any other
2documentation that the Department, by administrative rule,
3deems acceptable to establish dates of mobilization or service
4abroad.
5    For the purposes of this Section, the term "service
6abroad" means active duty service outside of the 50 United
7States and the District of Columbia, and includes all active
8duty service in territories and possessions of the United
9States.
10(Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
1198-800, eff. 8-1-14.)
 
12    (515 ILCS 5/20-47)
13    Sec. 20-47. Military members returning from mobilization
14and service outside the United States.
15    (a) After returning from service abroad or mobilization by
16the President of the United States as an active duty member of
17the United States Armed Forces, the Illinois National Guard,
18or the Reserves of the United States Armed Forces, an Illinois
19resident may fish as permitted by this Code without paying any
20fees required to obtain a fishing license for the time period
21prescribed by subsection (b) of this Section if the Illinois
22resident applies for a license within 2 years after returning
23from service abroad or mobilization. The applicant shall
24provide acceptable verification of service or mobilization to
25the Department. The Department shall establish by

 

 

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1administrative rule the procedure by which such verification
2of service shall be made to the Department for the purpose of
3issuing fishing licenses to resident active duty members of
4the United States Armed Forces, the Illinois National Guard,
5or the Reserves of the United States Armed Forces either at the
6Department's office in Springfield or at a Regional Office of
7the Department.
8    (b) For each year that an applicant is an active duty
9member pursuant to subsection (a) of this Section, the
10applicant shall receive one free fishing license. For the
11purposes of this determination, if the period of active duty
12is a portion of a year (for example, one year and 3 months),
13the applicant will be credited with a full year for the portion
14of a year served.
15    (c) (Blank).
16    (d) For the purposes of this Section, "acceptable
17verification of service or mobilization" means official
18documentation from the Department of Defense or the
19appropriate Major Command showing mobilization dates or
20service abroad dates, including: (i) a DD-214, (ii) a letter
21from the Illinois Department of Military Affairs for members
22of the Illinois National Guard, (iii) a letter from the
23Regional Reserve Command for members of the Armed Forces
24Reserve, (iv) a letter from the Major Command covering
25Illinois for active duty members, (v) personnel records for
26mobilized State employees, and (vi) any other documentation

 

 

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1that the Department, by administrative rule, deems acceptable
2to establish dates of mobilization or service abroad.
3    (e) For the purposes of this Section, the term "service
4abroad" means active duty service outside of the 50 United
5States and the District of Columbia, and includes all active
6duty service in territories and possessions of the United
7States.
8(Source: P.A. 96-1014, eff. 1-1-11.)
 
9    Section 15. The Wildlife Code is amended by changing
10Sections 3.1-4 and 3.2 as follows:
 
11    (520 ILCS 5/3.1-4)
12    Sec. 3.1-4. Military members returning from mobilization
13and service outside the United States.
14    (a) After returning from service abroad or mobilization by
15the President of the United States as an active duty member of
16the United States Armed Forces, the Illinois National Guard,
17or the Reserves of the United States Armed Forces, an Illinois
18resident may hunt and trap any of the species protected by
19Section 2.2 of this Code without paying any fees required to
20obtain a hunting license or a trapping license for the time
21period prescribed by subsection (b) of this Section if the
22Illinois resident applies for a license within 2 years after
23returning from service abroad or mobilization. The applicant
24shall provide acceptable verification of service or

 

 

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1mobilization to the Department. The Department shall establish
2by administrative rule the procedure by which such
3verification of service shall be made to the Department for
4the purpose of issuing a license either at the Department's
5office in Springfield or at a Regional Office of the
6Department.
7    (b) For each year that an applicant served as is an active
8duty member of the United States Armed Forces, the Illinois
9National Guard, or the Reserves of the United States Armed
10Forces and served abroad or was mobilized by the President of
11the United States pursuant to subsection (a) of this Section,
12the applicant shall receive one free hunting license, one free
13trapping license, one free Deer Hunting Permit as provided in
14Section 2.26 of this Code and rules adopted pursuant to that
15Section, and one free State Habitat Stamp. For the purposes of
16this determination, if the period of active duty is a portion
17of a year (for example, one year and 3 months), the applicant
18will be credited with a full year for the portion of a year
19served.
20    (c) (Blank).
21    (c-5) An Illinois resident veteran may obtain an Illinois
22Hunter Education card if he or she completes the online study
23section of the Illinois Hunter Education program and provides
24the Department with acceptable verification of service or
25mobilization.
26    (d) For the purposes of this Section, "acceptable

 

 

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1verification of service or mobilization" means official
2documentation from the Department of Defense or the
3appropriate Major Command showing mobilization dates or
4service abroad dates, including: (i) a DD-214, (ii) a letter
5from the Illinois Department of Military Affairs for members
6of the Illinois National Guard, (iii) a letter from the
7Regional Reserve Command for members of the Armed Forces
8Reserve, (iv) a letter from the Major Command covering
9Illinois for active duty members, (v) personnel records for
10mobilized State employees, and (vi) any other documentation
11that the Department, by administrative rule, deems acceptable
12to establish dates of mobilization or service abroad.
13    (e) For the purposes of this Section, the term "service
14abroad" means active duty service outside of the 50 United
15States and the District of Columbia, and includes all active
16duty service in territories and possessions of the United
17States.
18(Source: P.A. 102-524, eff. 8-20-21.)
 
19    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
20    Sec. 3.2. Hunting license; application; instruction.
21Before the Department or any county, city, village, township,
22incorporated town clerk or his duly designated agent or any
23other person authorized or designated by the Department to
24issue hunting licenses shall issue a hunting license to any
25person, the person shall file his application with the

 

 

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1Department or other party authorized to issue licenses on a
2form provided by the Department and further give definite
3proof of identity and place of legal residence. Each clerk
4designating agents to issue licenses and stamps shall furnish
5the Department, within 10 days following the appointment, the
6names and mailing addresses of the agents. Each clerk or his
7duly designated agent shall be authorized to sell licenses and
8stamps only within the territorial area for which he was
9elected or appointed. No duly designated agent is authorized
10to furnish licenses or stamps for issuance by any other
11business establishment. Each application shall be executed and
12sworn to and shall set forth the name and description of the
13applicant and place of residence.
14    No hunting license shall be issued to any person born on or
15after January 1, 1980 unless he presents the person authorized
16to issue the license evidence that he has held a hunting
17license issued by the State of Illinois or another state in a
18prior year, or a certificate of competency as provided in this
19Section. Persons under 18 years of age may be issued a Lifetime
20Hunting or Sportsmen's Combination License as provided under
21Section 20-45 of the Fish and Aquatic Life Code but shall not
22be entitled to hunt alone, without the supervision of an adult
23age 21 or older, unless they have a certificate of competency
24as provided in this Section and the certificate is in their
25possession while hunting.
26    The Department of Natural Resources shall authorize

 

 

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1personnel of the Department or certified volunteer instructors
2to conduct courses, of not less than 10 hours in length, in
3firearms and hunter safety, which may include training in bow
4and arrow safety, at regularly specified intervals throughout
5the State. Persons successfully completing the course shall
6receive a certificate of competency. The Department of Natural
7Resources may further cooperate with any reputable association
8or organization in establishing courses if the organization
9has as one of its objectives the promotion of safety in the
10handling of firearms or bow and arrow.
11    The Department of Natural Resources shall designate any
12person found by it to be competent to give instruction in the
13handling of firearms, hunter safety, and bow and arrow. The
14persons so appointed shall give the course of instruction and
15upon the successful completion shall issue to the person
16instructed a certificate of competency in the safe handling of
17firearms, hunter safety, and bow and arrow. No charge shall be
18made for any course of instruction except for materials or
19ammunition consumed. The Department of Natural Resources shall
20furnish information on the requirements of hunter safety
21education programs to be distributed free of charge to
22applicants for hunting licenses by the persons appointed and
23authorized to issue licenses. Funds for the conducting of
24firearms and hunter safety courses shall be taken from the fee
25charged for the Firearm Owners Identification Card.
26    The fee for a hunting license to hunt all species for a

 

 

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1resident of Illinois is $12. For residents age 65 or older,
2and, commencing with the 2012 license year, resident veterans
3of the United States Armed Forces after returning from service
4abroad or mobilization by the President of the United States
5as an active duty member of the United States Armed Forces, the
6Illinois National Guard, or the Reserves of the United States
7Armed Forces, the fee is one-half of the fee charged for a
8hunting license to hunt all species for a resident of
9Illinois. Veterans must provide to the Department acceptable ,
10at one of the Department's 5 regional offices, verification of
11their service. The Department shall establish by
12administrative rule the procedure by which such verification
13of service shall be made to the Department what constitutes
14suitable verification of service for the purpose of issuing
15resident veterans hunting licenses at a reduced fee. The fee
16for a hunting license to hunt all species shall be $1 for
17residents over 75 years of age. Nonresidents shall be charged
18$57 for a hunting license.
19    Nonresidents may be issued a nonresident hunting license
20for a period not to exceed 10 consecutive days' hunting in the
21State and shall be charged a fee of $35.
22    A special nonresident hunting license authorizing a
23nonresident to take game birds by hunting on a game breeding
24and hunting preserve area only, established under Section
253.27, shall be issued upon proper application being made and
26payment of a fee equal to that for a resident hunting license.

 

 

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1The expiration date of this license shall be on the same date
2each year that game breeding and hunting preserve area
3licenses expire.
4    Each applicant for a State Migratory Waterfowl Stamp,
5regardless of his residence or other condition, shall pay a
6fee of $15 and shall receive a stamp. The fee for a State
7Migratory Waterfowl Stamp shall be waived for residents over
875 years of age. Except as provided under Section 20-45 of the
9Fish and Aquatic Life Code, the stamp shall be signed by the
10person or affixed to his license or permit in a space
11designated by the Department for that purpose.
12    Each applicant for a State Habitat Stamp, regardless of
13his residence or other condition, shall pay a fee of $5 and
14shall receive a stamp. The fee for a State Habitat Stamp shall
15be waived for residents over 75 years of age. Except as
16provided under Section 20-45 of the Fish and Aquatic Life
17Code, the stamp shall be signed by the person or affixed to his
18license or permit in a space designated by the Department for
19that purpose.
20    Nothing in this Section shall be construed as to require
21the purchase of more than one State Habitat Stamp by any person
22in any one license year.
23    The fees for State Pheasant Stamps and State Furbearer
24Stamps shall be waived for residents over 75 years of age.
25    The Department shall furnish the holders of hunting
26licenses and stamps with an insignia as evidence of possession

 

 

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

 

 

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1deems acceptable to establish dates of mobilization or service
2abroad.
3    For the purposes of this Section, the term "service
4abroad" means active duty service outside of the 50 United
5States and the District of Columbia, and includes all active
6duty service in territories and possessions of the United
7States.
8(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.