Full Text of HB4783 100th General Assembly
HB4783enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wildlife Code is amended by changing | 5 | | Sections 3.1, 3.1-5, 3.1-9, 3.2, and 3.3 and by adding Section | 6 | | 1.2v-1 as follows: | 7 | | (520 ILCS 5/1.2v-1 new) | 8 | | Sec. 1.2v-1. Youth. "Youth" means a person under 18 years | 9 | | of age. | 10 | | (520 ILCS 5/3.1) (from Ch. 61, par. 3.1) | 11 | | Sec. 3.1. License and stamps required. | 12 | | (a) Before any person shall take or attempt to take any of | 13 | | the species
protected by Section 2.2 for which an open season | 14 | | is established under this
Act, he shall first have procured and | 15 | | possess a valid hunting license, except as provided in Section | 16 | | 3.1-5 of this Code. | 17 | | Before any person 18 16 years of age or older shall take or
| 18 | | attempt to take any bird of the species defined as migratory | 19 | | waterfowl by
Section 2.2, including coots, he shall first have | 20 | | procured a State
Migratory Waterfowl Stamp. | 21 | | Before any person 18 16 years of age or older takes, | 22 | | attempts to take, or
pursues any species of wildlife protected |
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| 1 | | by this Code, except migratory
waterfowl, coots, and | 2 | | hand-reared birds on licensed game breeding and hunting
| 3 | | preserve areas and state controlled pheasant hunting areas, he | 4 | | or she shall
first obtain a State Habitat Stamp. Veterans with | 5 | | disabilities and former prisoners of
war shall not be required | 6 | | to obtain State Habitat Stamps. Any person who
obtained a | 7 | | lifetime license before January 1, 1993, shall not be required | 8 | | to
obtain State Habitat Stamps. Income from the sale of State | 9 | | Furbearer Stamps and
State Pheasant Stamps received after the | 10 | | effective date of this amendatory Act
of 1992 shall be | 11 | | deposited into the State Furbearer Fund and State Pheasant
| 12 | | Fund, respectively. | 13 | | Before any person 18 16 years of age or older shall take, | 14 | | attempt to
take, or sell the green hide of any mammal of the | 15 | | species defined as
fur-bearing mammals by Section 2.2 for which | 16 | | an open season is established
under this Act, he shall first | 17 | | have procured a State Habitat Stamp. | 18 | | (b) Before any person who is a non-resident of the State of | 19 | | Illinois
shall take or attempt to take any of the species | 20 | | protected by Section
2.2
for which an open season is | 21 | | established under this Act, he shall,
unless specifically | 22 | | exempted by law, first procure a non-resident
license as | 23 | | provided by this Act for the taking of any wild game. | 24 | | Before a nonresident shall take or attempt to take | 25 | | white-tailed deer,
he shall first have procured a Deer Hunting | 26 | | Permit as defined in Section
2.26 of this Code. |
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| 1 | | Before a nonresident shall take or attempt to take wild | 2 | | turkeys, he
shall have procured a Wild Turkey Hunting Permit as | 3 | | defined in Section 2.11
of this Code. | 4 | | (c) The owners residing on, or bona fide tenants of, farm | 5 | | lands and their
children, parents, brothers, and sisters | 6 | | actually permanently residing on
their lands shall have the | 7 | | right to hunt any of the species protected by
Section 2.2 upon | 8 | | their lands and waters without procuring hunting licenses;
but | 9 | | the hunting shall be done only during periods of time and with | 10 | | devices
and by methods as are permitted by this Act. Any person | 11 | | on active duty
with the Armed Forces of the United States who | 12 | | is now and who was at the
time of entering the Armed Forces a | 13 | | resident of Illinois and who entered
the Armed Forces from this | 14 | | State, and who is presently on ordinary or emergency leave
from | 15 | | the Armed Forces, and any resident of Illinois who has a | 16 | | disability may hunt
any of the species protected by Section 2.2 | 17 | | without procuring a hunting
license, but the hunting shall be | 18 | | done only during such periods of time and
with devices and by | 19 | | methods as are permitted by this Act. For the purpose of
this | 20 | | Section a person is a person with a disability when that person | 21 | | has a Type 1 or Type 4,
Class 2 disability as defined in | 22 | | Section 4A of the Illinois Identification Card
Act. For | 23 | | purposes of this Section, an Illinois Person with a Disability | 24 | | Identification
Card issued pursuant to the Illinois | 25 | | Identification Card Act indicating that
the person named has a | 26 | | Type 1 or Type 4, Class 2 disability shall be adequate
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| 1 | | documentation of the disability. | 2 | | (d) A courtesy non-resident license, permit, or stamp for | 3 | | taking game
may be issued at the
discretion of the Director, | 4 | | without fee, to any person officially employed
in the game and | 5 | | fish or conservation department of another state or of the
| 6 | | United States who is within the State to assist or consult or | 7 | | cooperate
with the Director; or to the officials of other | 8 | | states, the United States,
foreign countries, or officers or | 9 | | representatives of conservation
organizations or publications | 10 | | while in the State as guests of the Governor
or Director. The | 11 | | Director may provide to nonresident participants and
official | 12 | | gunners at field trials an exemption from licensure while
| 13 | | participating in a field trial. | 14 | | (e) State Migratory Waterfowl Stamps shall be required for | 15 | | those persons
qualifying under subsections (c) and (d) who | 16 | | intend to hunt migratory
waterfowl, including coots, to the | 17 | | extent that hunting licenses of the
various types are | 18 | | authorized and required by this Section for those persons. | 19 | | (f) Registration in the U.S. Fish and Wildlife Migratory | 20 | | Bird Harvest
Information Program shall be required for those | 21 | | persons who are required to
have a hunting license before | 22 | | taking
or attempting to take any bird of the species defined as | 23 | | migratory game birds
by Section 2.2, except that this | 24 | | subsection shall not apply to crows in this
State
or | 25 | | hand-reared birds on licensed game breeding and hunting | 26 | | preserve areas, for
which an open season is established by this |
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| 1 | | Act. Persons registering with the
Program must carry proof of | 2 | | registration with them while migratory bird
hunting. | 3 | | The Department shall publish suitable prescribed | 4 | | regulations pertaining to
registration by the migratory bird | 5 | | hunter in the U.S. Fish and Wildlife Service
Migratory Bird | 6 | | Harvest Information Program. | 7 | | (Source: P.A. 99-143, eff. 7-27-15.) | 8 | | (520 ILCS 5/3.1-5) | 9 | | Sec. 3.1-5. Apprentice Hunter License Program. | 10 | | (a) The Beginning 120 days after the effective date of this | 11 | | amendatory Act of the 94th General Assembly, the Department | 12 | | shall establish an Apprentice Hunter License Program. The | 13 | | purpose of this Program shall be to extend limited hunting | 14 | | privileges, in lieu of obtaining a valid hunting license, to | 15 | | persons interested in learning about hunting sports. | 16 | | (b) Any resident or nonresident may apply to the Department | 17 | | for an Apprentice Hunter License. The Apprentice Hunter License | 18 | | shall be a one-time, non-renewable license that shall expire on | 19 | | the March 31 following the date of issuance. | 20 | | (c) The For persons aged 17 and under, the Apprentice | 21 | | Hunter License shall entitle the licensee to hunt while | 22 | | supervised by a validly licensed resident or nonresident | 23 | | parent, guardian, or grandparent. For persons 18 or older, the | 24 | | Apprentice Hunter License shall entitle the licensee to hunt | 25 | | while supervised by a validly licensed resident or nonresident |
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| 1 | | hunter who is 21 years of age or older. Possession of an | 2 | | Apprentice Hunter License shall serve in lieu of a valid | 3 | | hunting license, but does not exempt the licensee from | 4 | | compliance with the requirements of this Code and any rules and | 5 | | regulations adopted pursuant to this Code.
| 6 | | (d) In order to be approved for the Apprentice Hunter | 7 | | License, the applicant must request an Apprentice Hunter | 8 | | License on a form designated and made available by the | 9 | | Department and submit a $7 fee, which shall be separate from | 10 | | and additional to any other stamp, permit, tag, or license fee | 11 | | that may be required for hunting under this Code. The | 12 | | Department shall adopt suitable administrative rules that are | 13 | | reasonable and necessary for the administration of the program, | 14 | | but shall not require any certificate of competency or other | 15 | | hunting education as a condition of the Apprentice Hunter | 16 | | License.
| 17 | | (Source: P.A. 95-739, eff. 7-17-08; 96-1213, eff. 7-22-10.) | 18 | | (520 ILCS 5/3.1-9) | 19 | | Sec. 3.1-9. Youth Hunting and Trapping License Licenses . | 20 | | (a) Before any Any resident youth age under 18 years of age | 21 | | shall take or attempt to take any species protected by Section | 22 | | 2.2 of this Code for which an open season is established, he or | 23 | | she shall first procure and possess a valid Youth Hunting and | 24 | | Trapping License and under may apply to the Department for a | 25 | | Youth Hunting License, which extends limited hunting |
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| 1 | | privileges . The Youth Hunting and Trapping License shall be a | 2 | | renewable license that shall expire on the March 31 following | 3 | | the date of issuance. The fee for a Youth Hunting and Trapping | 4 | | License is $7. | 5 | | A For youth age 18 and under, the Youth Hunting and | 6 | | Trapping License shall entitle the licensee to hunt while | 7 | | supervised by an adult a parent, grandparent, or guardian who | 8 | | is 21 years of age or older and has a valid Illinois hunting | 9 | | license. Possession of a Youth Hunting License shall serve in | 10 | | lieu of a valid hunting license, but does not exempt the | 11 | | licensee from compliance with the requirements of this Code and | 12 | | any rules adopted under this Code. | 13 | | A youth licensed under this subsection (a) shall not hunt | 14 | | or carry a hunting device, including, but not limited to, a | 15 | | firearm, bow and arrow, or crossbow unless the youth is | 16 | | accompanied by and under the close personal supervision of an | 17 | | adult a parent, grandparent, or guardian who is 21 years of age | 18 | | or older and has a valid Illinois hunting license. | 19 | | At age 19 years or when the youth chooses to hunt by | 20 | | himself or herself, he or she is required to successfully | 21 | | complete a hunter safety course approved by the Department | 22 | | prior to being able to obtain a full hunting license and | 23 | | subsequently hunt by himself or herself. | 24 | | In order to be approved for the Youth Hunting License, the | 25 | | applicant must request a Youth Hunting License from the | 26 | | Department and submit a $7 fee, which shall be separate from |
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| 1 | | and additional to any other stamp, permit, tag, or license fee | 2 | | that may be required for hunting under this Code. The | 3 | | Department shall adopt rules for the administration of the | 4 | | program, but shall not require any certificate of competency or | 5 | | other hunting or trapping education as a condition of the Youth | 6 | | Hunting and Trapping License. If a youth has a valid | 7 | | certificate of competency for hunting from a hunter safety | 8 | | course approved by the Department, he or she is exempt from the | 9 | | supervision requirements for youth hunters in this Section.
| 10 | | (b) Any resident youth age 18 and under may apply to the | 11 | | Department for a Youth Trapping License, which extends limited | 12 | | trapping privileges. The Youth Trapping License shall be a | 13 | | renewable license that shall expire on the March 31 following | 14 | | the date of issuance. | 15 | | A For youth age 18 and under, the Youth Hunting and | 16 | | Trapping License shall entitle the licensee to trap while | 17 | | supervised by an adult a parent, grandparent, or guardian who | 18 | | is 21 years of age or older and has a valid Illinois trapping | 19 | | license. Possession of a Youth Trapping License shall serve in | 20 | | lieu of a valid trapping license, but does not exempt the | 21 | | licensee from compliance with the requirements of this Code and | 22 | | any rules adopted under this Code. | 23 | | A youth licensed under this Section subsection (b) shall | 24 | | not trap or carry a hunting device, including, but not limited | 25 | | to, a firearm, bow and arrow, or crossbow unless the youth is | 26 | | accompanied by and under the close personal supervision of an |
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| 1 | | adult a parent, grandparent, or guardian who is 21 years of age | 2 | | or older and has a valid Illinois trapping license. | 3 | | At age 19 years or when the youth chooses to trap by | 4 | | himself or herself, he or she is required to successfully | 5 | | complete a trapper safety course approved by the Department | 6 | | prior to being able to obtain a full trapping license and | 7 | | subsequently trap by himself or herself. | 8 | | In order to be approved for the Youth Trapping License, the | 9 | | applicant must request a Youth Trapping License from the | 10 | | Department and submit a $7 fee, which shall be separate from | 11 | | and additional to any other stamp, permit, tag, or license fee | 12 | | that may be required for trapping under this Code. The | 13 | | Department shall adopt rules for the administration of the | 14 | | program, but shall not require any certificate of competency or | 15 | | other trapping education as a condition of the Youth Hunting | 16 | | and Trapping License. If a youth has a valid certificate of | 17 | | competency for trapping from a trapper safety course approved | 18 | | by the Department, then he or she is exempt from the | 19 | | supervision requirements for youth trappers in this Section. | 20 | | (Source: P.A. 98-620, eff. 1-7-14; 99-78, eff. 7-20-15; 99-307, | 21 | | eff. 1-1-16; 99-868, eff. 1-1-17 .)
| 22 | | (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
| 23 | | Sec. 3.2. Hunting license; application; instruction. | 24 | | Before the
Department or any county, city, village, township, | 25 | | incorporated town clerk
or his duly designated agent or any |
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| 1 | | other person authorized or designated
by the Department to | 2 | | issue hunting licenses shall issue a hunting license
to any | 3 | | person, the person shall file his application with the | 4 | | Department or
other party authorized to issue licenses on a | 5 | | form provided by the
Department and further give definite proof | 6 | | of identity and place of legal
residence. Each clerk | 7 | | designating agents to issue licenses and stamps
shall furnish | 8 | | the Department, within 10 days following the appointment, the
| 9 | | names and mailing addresses of the agents. Each clerk or his | 10 | | duly
designated agent shall be authorized to sell licenses and | 11 | | stamps only
within the territorial area for which he was | 12 | | elected or appointed. No duly
designated agent is authorized to | 13 | | furnish licenses or stamps for
issuance by any other business | 14 | | establishment. Each
application shall be executed and sworn to | 15 | | and shall set forth the name
and description of the applicant | 16 | | and place of residence.
| 17 | | No hunting license shall be issued to any person born on or | 18 | | after January
1,
1980
unless he presents the person authorized | 19 | | to issue the license
evidence that he has held a hunting | 20 | | license issued by the State of Illinois
or another state in a | 21 | | prior year, or a certificate of competency as
provided in this | 22 | | Section. Persons under 18 16 years of age may be issued a
| 23 | | Lifetime Hunting or Sportsmen's Combination License as | 24 | | provided under Section
20-45 of the Fish and Aquatic Life Code | 25 | | but shall not be entitled to hunt alone, without the | 26 | | supervision of an adult age 21 or order,
unless they have a |
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| 1 | | certificate of competency as provided in this Section and
they | 2 | | shall have the certificate is in their possession while | 3 | | hunting.
| 4 | | The Department of Natural Resources shall authorize
| 5 | | personnel of the
Department or certified volunteer instructors | 6 | | to conduct courses, of not
less than 10 hours in length, in | 7 | | firearms and hunter safety, which may include
training in bow | 8 | | and arrow safety, at regularly specified intervals throughout
| 9 | | the State. Persons successfully completing the course shall | 10 | | receive a
certificate of competency. The Department of Natural | 11 | | Resources may further
cooperate with any reputable association | 12 | | or organization in establishing
courses if the organization has | 13 | | as one of its objectives the promotion of
safety in the | 14 | | handling of firearms or bow and arrow.
| 15 | | The Department of Natural Resources shall designate any
| 16 | | person found by it
to be competent to give instruction in the | 17 | | handling of firearms, hunter
safety, and bow and arrow. The | 18 | | persons so appointed shall give the
course of instruction and | 19 | | upon the successful completion shall
issue to the person | 20 | | instructed a certificate of competency in the safe
handling of | 21 | | firearms, hunter safety, and bow and arrow. No charge shall
be | 22 | | made for any course of instruction except for materials or | 23 | | ammunition
consumed. The Department of Natural Resources shall
| 24 | | furnish information on
the requirements of hunter safety | 25 | | education programs to be distributed
free of charge to | 26 | | applicants for hunting licenses by the persons
appointed and |
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| 1 | | authorized to issue licenses. Funds for the conducting of
| 2 | | firearms and hunter safety courses shall be taken from the fee | 3 | | charged
for the Firearm Owners Identification Card.
| 4 | | The fee for a hunting license to hunt all species for a | 5 | | resident of
Illinois is $12. For residents age 65 or older, | 6 | | and, commencing with the 2012 license year, resident veterans | 7 | | of the United States Armed Forces after returning from service | 8 | | abroad or mobilization by the President of the United States, | 9 | | the fee is one-half of the
fee charged for a hunting license to | 10 | | hunt all species for a resident of
Illinois. Veterans must | 11 | | provide to the Department, at one of the Department's 5 | 12 | | regional offices, verification of their service. The | 13 | | Department shall establish what constitutes suitable | 14 | | verification of service for the purpose of issuing resident | 15 | | veterans hunting
licenses at a reduced fee. The fee for a | 16 | | hunting license to hunt all species shall be $1 for residents | 17 | | over 75 years of age. Nonresidents shall be charged $57 for a | 18 | | hunting license.
| 19 | | Nonresidents may be issued a nonresident hunting license | 20 | | for a
period not to exceed 10 consecutive days' hunting in the | 21 | | State and shall
be charged a fee of $35.
| 22 | | A special nonresident hunting license authorizing a | 23 | | nonresident to
take game birds by hunting on a game breeding | 24 | | and hunting preserve
area only, established under Section 3.27, | 25 | | shall be issued upon proper
application being made and payment | 26 | | of a fee equal to that for a resident
hunting license. The |
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| 1 | | expiration date of this license shall be on the same
date each | 2 | | year that game breeding and hunting preserve
area licenses | 3 | | expire.
| 4 | | Each applicant for a State Migratory Waterfowl Stamp, | 5 | | regardless of
his residence or other condition, shall pay a fee | 6 | | of $15 and
shall receive a stamp. The fee for a State Migratory | 7 | | Waterfowl Stamp shall be waived for residents over 75 years of | 8 | | age. Except as provided under
Section 20-45 of the Fish and | 9 | | Aquatic Life Code,
the stamp shall be signed by the person or | 10 | | affixed to his license
or permit in a space designated by the | 11 | | Department for that purpose.
| 12 | | Each applicant for a State Habitat Stamp, regardless of his | 13 | | residence
or other condition, shall pay a fee of $5 and shall | 14 | | receive a
stamp. The fee for a State Habitat Stamp shall be | 15 | | waived for residents over 75 years of age. Except as provided | 16 | | under Section 20-45 of the Fish and Aquatic Life
Code, the | 17 | | stamp shall be signed by the person or affixed to his license | 18 | | or
permit in a space designated by the Department for that | 19 | | purpose.
| 20 | | Nothing in this Section shall be construed as to require | 21 | | the purchase
of more than one State Habitat Stamp by any person | 22 | | in any one license year.
| 23 | | The fees for State Pheasant Stamps and State Furbearer | 24 | | Stamps shall be waived for residents over 75 years of age. | 25 | | The Department shall furnish the holders of hunting | 26 | | licenses and stamps
with an insignia as evidence of possession |
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| 1 | | of license, or license and
stamp, as the Department may | 2 | | consider advisable. The insignia shall be
exhibited and used as | 3 | | the Department may order.
| 4 | | All other hunting licenses and all State stamps shall | 5 | | expire upon
March 31 of each year.
| 6 | | Every person holding any license, permit, or stamp issued | 7 | | under the
provisions of this Act shall have it in his | 8 | | possession for immediate
presentation for inspection to the | 9 | | officers and authorized employees of
the Department, any | 10 | | sheriff, deputy sheriff, or any other peace officer making
a | 11 | | demand for it. This provision shall not apply to Department | 12 | | owned or
managed sites where it is required that all hunters | 13 | | deposit their license,
permit, or Firearm Owner's | 14 | | Identification Card at the check station upon
entering the | 15 | | hunting areas.
| 16 | | (Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
| 17 | | (520 ILCS 5/3.3) (from Ch. 61, par. 3.3)
| 18 | | Sec. 3.3. Trapping license required. Before any person | 19 | | shall trap any
of the mammals protected
by this Act, for which | 20 | | an open trapping season has been established, he shall
first | 21 | | procure a trapping license from the Department to do so. No | 22 | | traps
shall be placed in the field, set or unset, prior to the | 23 | | opening day of
the trapping season.
| 24 | | Traps used in the taking of such mammals shall be marked or
| 25 | | tagged with metal tags or inscribed in lettering giving the |
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| 1 | | name and
address of the owner, and absence of such mark or tag | 2 | | shall be prima
facie evidence that such trap or traps are | 3 | | illegally used and the trap
or traps shall be confiscated and | 4 | | disposed of as directed by the
Department.
| 5 | | Before any person 18 16 years of age or older shall trap, | 6 | | attempt to
trap, or sell the green hides of any mammal of the | 7 | | species defined as
fur-bearing mammals by Section 2.2 for which | 8 | | an open season is established
under this Act, he shall first | 9 | | have procured a State Habitat Stamp.
| 10 | | Before a trapping license shall be issued to any person | 11 | | under the age of
sixteen years, such person shall obtain the | 12 | | written consent of his father,
mother or legally constituted | 13 | | guardian to obtain such license.
| 14 | | Beginning January 1, 2016, no trapping license shall be | 15 | | issued to any
person born on or after January 1, 1998 unless he | 16 | | or she presents to the authorized issuer of the license | 17 | | evidence that he or she has a
certificate of competency | 18 | | provided for in this Section.
| 19 | | The Department of Natural Resources shall authorize
| 20 | | personnel of the Department,
or volunteer instructors, found by | 21 | | the Department to be competent,
to provide instruction in | 22 | | courses on trapping techniques and ethical trapping
behavior as | 23 | | needed throughout the State, which courses shall be at least
8 | 24 | | hours in length. Persons so authorized shall provide | 25 | | instruction in such
courses to individuals at no charge, and | 26 | | shall issue to individuals
successfully completing such |
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| 1 | | courses certificates of competency in basic
trapping | 2 | | techniques. The Department shall cooperate in establishing | 3 | | such
courses with any reputable association or organization | 4 | | which has as one of
its objectives the promotion of the ethical | 5 | | use of legal fur harvesting
devices and techniques. The | 6 | | Department shall furnish information on the
requirements of the | 7 | | trapper education program to be distributed free of
charge to | 8 | | applicants for trapping licenses by the persons appointed and
| 9 | | authorized to issue licenses.
| 10 | | The owners residing on, or bona fide tenants of farm lands, | 11 | | and their
children actually residing on such lands, shall have | 12 | | the right to trap
mammals protected by this Act, for which an | 13 | | open trapping season has been
established, upon such lands, | 14 | | without procuring licenses, provided that
such mammals are | 15 | | taken during the periods of time and with such devices as
are | 16 | | permitted by this Act.
| 17 | | (Source: P.A. 98-913, eff. 1-1-15; 99-868, eff. 1-1-17 .)
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