Illinois General Assembly - Full Text of HB1652
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Full Text of HB1652  98th General Assembly

HB1652sam001 98TH GENERAL ASSEMBLY

Sen. Daniel Biss

Filed: 4/30/2013

 

 


 

 


 
09800HB1652sam001LRB098 05803 RLC 45152 a

1
AMENDMENT TO HOUSE BILL 1652

2    AMENDMENT NO. ______. Amend House Bill 1652 on page 1, by
3inserting immediately below line 3 the following:
 
4    "Section 2. The Fish and Aquatic Life Code is amended by
5changing 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
9under this Code and its holder is found guilty of any
10misrepresentation in obtaining the 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 Code, including
13administrative rules, the license or permit may be revoked by
14the Department and the Department may refuse to issue any
15permit or license to that person and may suspend the person
16from engaging in the activity requiring the permit or license

 

 

09800HB1652sam001- 2 -LRB098 05803 RLC 45152 a

1for a period of time not to exceed 5 years following the
2revocation. Department revocation procedure shall be
3established by administrative rule.
4    (b) Whenever any person who has not been issued a license
5or a permit under the provisions of this Code is found guilty
6of a violation of Section 48-3 of the Criminal Code of 2012 or
7a violation of the provisions of this Code, including
8administrative rules, the Department may refuse to issue any
9permit or license to that person, and suspend that person from
10engaging in the activity requiring the permit or license for a
11period of time not to exceed 5 years.
12    (c) Any person who knowingly or intentionally violates any
13of the provisions of this Code, including administrative rules,
14during the 5 years following the revocation of his or her
15license or permit under subsection (a) or during the time he is
16suspended under subsection (b), shall be guilty of a Class A
17misdemeanor as provided in Section 20-35. The penalties for a
18violation of Section 48-3 of the Criminal Code of 2012 shall be
19as provided in that Section.
20    (d) A person whose license or permit to engage in any
21activity regulated by this Code has been suspended or revoked
22may not, during the period of the suspension or revocation or
23until obtaining such a license or permit, (i) be in the company
24of any person engaging in the activity covered by the
25suspension or revocation or (ii) serve as a guide, outfitter,
26or facilitator for a person who is engaged or prepared to

 

 

09800HB1652sam001- 3 -LRB098 05803 RLC 45152 a

1engage in the activity covered by the suspension or revocation.
2    (e) No person may be issued or obtain a license or permit
3or engage in any activity regulated by this Code during the
4time that the person's privilege to engage in the same or
5similar activities is suspended or revoked by another state, by
6a 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
93.36 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
13under this Act, and the holder thereof is found guilty of any
14misrepresentation in obtaining such license or permit or of a
15violation of Section 48-3 of the Criminal Code of 2012 or a
16violation of any of the provisions of this Act, including
17administrative rules, his license or permit may be revoked by
18the Department, and the Department may refuse to issue any
19permit or license to such person and may suspend the person
20from engaging in the activity requiring the permit or license
21for a period of time not to exceed 5 years following such
22revocation.
23    Department revocation procedures shall be established by
24Administrative rule.

 

 

09800HB1652sam001- 4 -LRB098 05803 RLC 45152 a

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

 

 

09800HB1652sam001- 5 -LRB098 05803 RLC 45152 a

1properly prepared, obtained and signed as required by this Act
2shall be void.
3    (e) A person whose license or permit to engage in any
4activity regulated by this Code has been suspended or revoked
5may not, during the period of the suspension or revocation or
6until obtaining such a license or permit, (i) be in the company
7of any person engaging in the activity covered by the
8suspension or revocation or (ii) serve as a guide, outfitter,
9or facilitator for a person who is engaged or prepared to
10engage in the activity covered by the suspension or revocation.
11    (f) No person may be issued or obtain a license or permit
12or engage in any activity regulated by this Code during the
13time that the person's privilege to engage in the same or
14similar activities is suspended or revoked by another state, by
15a federal agency, or by a province of Canada.
16(Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)".