Full Text of HB5088 101st General Assembly
HB5088 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5088 Introduced 2/18/2020, by Rep. Robert Rita SYNOPSIS AS INTRODUCED: |
| 515 ILCS 5/1-230 | from Ch. 56, par. 1-230 | 515 ILCS 5/20-5 | from Ch. 56, par. 20-5 | 515 ILCS 5/20-12 new | | 515 ILCS 5/20-20 | from Ch. 56, par. 20-20 | 515 ILCS 5/20-45 | from Ch. 56, par. 20-45 | 515 ILCS 5/20-52 new | | 515 ILCS 5/20-55 | from Ch. 56, par. 20-55 | 515 ILCS 5/20-110 | from Ch. 56, par. 20-110 | 515 ILCS 5/20-115 | from Ch. 56, par. 20-115 |
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Amends the Fish and Aquatic Life Code. Allows the holder of a scientific collector's permit to fish with sport fishing devices without a license. Requires any individual who is required to obtain a license to also obtain an aquatic conservation stamp prior to taking or attempting to take any fish, including minnows for commercial purposes, turtles, mussels, crayfish, or frogs from waters of this State. Provides that the fee for the aquatic conservation stamp is $5 for both resident and non-resident licensees; waives the fee for residents over 75 years of age. Makes other conforming changes. Requires that fees derived solely from the sale of aquatic conservation stamps, gifts, donations, grants, and bequests of money for the conservation of aquatic life shall be deposited to the State Treasury and set apart in a special fund known as the Aquatic Conservation Stamp Fund. Sets forth further requirements regarding appropriations from Aquatic Conservation Stamp Fund. Effective January 1, 2021.
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| 1 | | AN ACT concerning fish.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fish and Aquatic Life Code is amended by | 5 | | changing Sections 1-230 20-5, 20-20, 20-45, 20-55, 20-110, and | 6 | | 20-115, and by adding Sections 20-12 and 20-52 as follows:
| 7 | | (515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
| 8 | | Sec. 1-230. Wildlife and Fish Fund; disposition of money
| 9 | | received. All fees, fines, income of whatever kind or nature | 10 | | derived
from hunting and fishing activities on lands, waters, | 11 | | or both under the
jurisdiction or control of the Department, | 12 | | and all penalties collected under
this Code shall be deposited | 13 | | into the State Treasury and
shall be set apart in a special | 14 | | fund to be known as the Wildlife and Fish
Fund; except that | 15 | | fees derived solely from the sale of salmon stamps, income
from | 16 | | art contests for the salmon stamp, including income from the | 17 | | sale
of reprints, and gifts, donations, grants, and bequests of | 18 | | money for the
conservation and propagation of salmon shall be | 19 | | deposited into the State
Treasury and set apart in the special | 20 | | fund to be known as the Salmon
Fund; and except that fees | 21 | | derived solely from the sale of state
migratory waterfowl | 22 | | stamps, and gifts, donations, grants and bequests of
money for | 23 | | the conservation and propagation of waterfowl, shall be |
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| 1 | | deposited
into the State Treasury and set apart in the special | 2 | | fund to be known as the
State Migratory Waterfowl Stamp Fund ; | 3 | | and except that fees derived solely from the sale of aquatic | 4 | | conservation stamps, and gifts, donations, grants, and | 5 | | bequests of money for the conservation of aquatic life, | 6 | | including, but not limited to, combating aquatic nuisance | 7 | | species, shall be deposited into the State treasury and set | 8 | | apart in the special fund to be known as the Aquatic | 9 | | Conservation Stamp Fund . All interest that accrues from moneys
| 10 | | in the Wildlife and Fish Fund, the Salmon Fund, and the State | 11 | | Migratory
Waterfowl Stamp Fund shall be retained in those funds | 12 | | respectively.
Except for the additional moneys deposited under | 13 | | Section 805-550 of the Department of Natural Resources | 14 | | (Conservation) Law of the
Civil Administrative Code of | 15 | | Illinois, appropriations from the Wildlife and Fish Fund shall | 16 | | be made only to the
Department for the carrying out of the | 17 | | powers and functions vested by law
in the Department
for the | 18 | | administration and management of fish and wildlife resources of | 19 | | this State for such activities as (i) the purchase of land for | 20 | | fish hatcheries,
wildlife refuges, preserves, and public | 21 | | shooting and fishing grounds; (ii)
the purchase and | 22 | | distribution of wild birds, the eggs of wild birds, and
wild | 23 | | mammals; (iii) the rescuing, restoring and distributing of | 24 | | fish; (iv)
the maintenance of wildlife refuges or preserves, | 25 | | public shooting grounds,
public fishing grounds, and fish | 26 | | hatcheries; and (v) the feeding and care
of wild birds, wild |
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| 1 | | mammals, and fish. Appropriations from the Salmon Fund
shall be | 2 | | made only to the Department to be used solely for the | 3 | | conservation
and propagation of salmon, including | 4 | | construction, operation, and
maintenance of a cold water | 5 | | hatchery, and for payment of the costs of
printing salmon | 6 | | stamps, the expenses incurred in acquiring salmon stamp
| 7 | | designs, and the expenses of producing reprints. | 8 | | Appropriations from the Aquatic Conservation Stamp Fund shall | 9 | | be made only to the Division of Fisheries of the Department to | 10 | | be used solely for the conservation of aquatic life, including, | 11 | | but not limited to, combating aquatic nuisance species, for the | 12 | | payment of the costs of printing aquatic conservation stamps, | 13 | | for the expenses incurred in acquiring aquatic conservation | 14 | | stamp designs, and for the expenses of producing reprints.
| 15 | | (Source: P.A. 95-853, eff. 8-18-08; 96-1160, eff. 1-1-11; | 16 | | 96-1518, eff. 2-4-11.)
| 17 | | (515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
| 18 | | Sec. 20-5. Necessity of license; exemptions.
| 19 | | (a) Any person taking or attempting to take any fish,
| 20 | | including minnows for commercial purposes, turtles, mussels, | 21 | | crayfish, or
frogs by any means whatever in any waters or lands | 22 | | wholly or in part
within the jurisdiction of the State, | 23 | | including that part of Lake
Michigan under the jurisdiction of | 24 | | this State, shall first obtain a
license to do so, and shall do | 25 | | so only during the respective
periods of the year when it shall |
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| 1 | | be lawful as provided in this Code.
Individuals under 16, blind | 2 | | residents or residents with a disability, individuals holding a | 3 | | scientific collector's permit under this Code, or individuals | 4 | | fishing at
fee fishing areas licensed by the Department, | 5 | | however, may fish with sport
fishing devices without being | 6 | | required to have a license. For the purpose of this
Section
an | 7 | | individual is blind or has a disability if that individual has | 8 | | a Class 2 disability
as defined in Section 4A of the Illinois | 9 | | Identification Card Act. For purposes
of this Section an | 10 | | Illinois Person with a Disability Identification Card issued | 11 | | under
the Illinois Identification Card Act indicating that the | 12 | | individual named on
the card has a Class 2 disability shall be | 13 | | adequate documentation of a
disability.
| 14 | | (b) A courtesy non-resident sport fishing license or stamp | 15 | | may be issued
at
the discretion of the Director, without fee, | 16 | | to (i) any individual officially
employed in the wildlife and | 17 | | fish or conservation department of another
state or of the | 18 | | United States who is within the State to assist or
consult or | 19 | | cooperate with the Director or (ii) the officials of other
| 20 | | states, the United States, foreign countries, or officers or
| 21 | | representatives of conservation organizations or publications | 22 | | while in
the State as guests of the Governor or Director.
| 23 | | (c) The Director may issue special fishing permits without | 24 | | cost to
groups of hospital patients or to individuals with | 25 | | disabilities for
use on specified dates in connection with | 26 | | supervised fishing for therapy.
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| 1 | | (d) Veterans who, according to the determination of the | 2 | | Veterans'
Administration as certified by the Department of | 3 | | Veterans' Affairs, are at
least 10% disabled with | 4 | | service-related disabilities or in receipt of total
disability | 5 | | pensions may fish with sport fishing devices
during those | 6 | | periods of
the year it is lawful to do so without being | 7 | | required to have a license,
on the condition that their | 8 | | respective disabilities do not prevent them
from fishing in a | 9 | | manner which is safe to themselves and others.
| 10 | | (e) Each year the Director may designate a period, not to | 11 | | exceed 4 days
in duration, when sport fishermen may fish waters | 12 | | wholly or in
part within the
jurisdiction of the State, | 13 | | including that part of Lake Michigan under the
jurisdiction of | 14 | | the State, and not be required to obtain the license or stamps
| 15 | | stamp required by subsection (a) of this Section, Section | 16 | | 20-10 , Section 20-11, or Section 20-12 or
subsection (a) of | 17 | | Section 20-55 . The term of any such period shall be
established | 18 | | by administrative rule.
This subsection shall not apply to | 19 | | commercial fishing.
| 20 | | (f) The Director may issue special fishing permits without | 21 | | cost for a
group event, restricted to specific dates and | 22 | | locations if it is determined by
the Department that the event | 23 | | is beneficial in promoting sport fishing in
Illinois.
| 24 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 25 | | (515 ILCS 5/20-12 new) |
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| 1 | | Sec. 20-12. Aquatic Conservation Stamp. | 2 | | (a) Any individual taking or attempting to take any fish, | 3 | | including minnows for commercial purposes, turtles, mussels, | 4 | | crayfish, or frogs by any means whatever in any waters of the | 5 | | State, in addition to any other license required by this Code, | 6 | | must first obtain an aquatic conservation stamp authorized by | 7 | | the Department. Individuals not required to obtain a license | 8 | | are not required to obtain an aquatic conservation stamp. | 9 | | (b) The aquatic conservation stamp does not exempt the | 10 | | licensee from any salmon or inland trout stamp requirement. | 11 | | (c) An aquatic conservation stamp may be issued at the | 12 | | discretion of the Director without fee.
| 13 | | (515 ILCS 5/20-20) (from Ch. 56, par. 20-20)
| 14 | | Sec. 20-20. Non-resident licenses. Any individuals 16 | 15 | | years of age or
older not residents of the State of Illinois | 16 | | shall, before taking or
attempting to take any fish, including | 17 | | minnows for commercial purposes, turtles, mussels, crayfish, | 18 | | or frogs aquatic life protected by this Code by any means
| 19 | | whatever in the State of Illinois, obtain a non-resident | 20 | | license to do so. Any individual required to obtain a license | 21 | | under this Section shall also obtain an aquatic conservation | 22 | | stamp prior to any take or attempted take.
In addition, before | 23 | | taking or attempting to take salmon from Lake Michigan,
a | 24 | | non-resident 16 years of age or older shall obtain a salmon | 25 | | stamp authorized
by the Department, and before taking or |
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| 1 | | attempting to take trout from all
waters except Lake Michigan, | 2 | | a non-resident 16 years of age or older shall
obtain an inland | 3 | | trout stamp authorized by the Department.
| 4 | | (Source: P.A. 87-833; 88-91.)
| 5 | | (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
| 6 | | Sec. 20-45. License fees for residents. Fees for licenses | 7 | | for residents
of the State of Illinois shall be as follows:
| 8 | | (a) Except as otherwise provided in this Section, for | 9 | | sport fishing
devices as defined in Section 10-95 or | 10 | | spearing devices as defined in
Section 10-110, the fee is | 11 | | $14.50 for individuals 16 to 64 years old,
one-half of the | 12 | | current fishing license fee for individuals age 65 or | 13 | | older,
and, commencing with the 2012 license year, one-half | 14 | | of the current fishing license fee for resident veterans of | 15 | | the United States Armed Forces after returning from service | 16 | | abroad or mobilization by the President of the United | 17 | | States. Veterans must provide, to the Department at one of | 18 | | the Department's 5 regional offices, verification of their | 19 | | service. The Department shall establish what constitutes | 20 | | suitable verification of service for the purpose of issuing | 21 | | fishing licenses to resident veterans at a reduced fee.
| 22 | | (a-5) The fee for all sport fishing licenses shall be | 23 | | $1 for residents over 75 years of age. | 24 | | (b) All residents before using any commercial fishing | 25 | | device shall
obtain a commercial fishing license, the fee |
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| 1 | | for which shall be $60 and a resident fishing license, the | 2 | | fee for which is $14.50.
Each and every commercial device | 3 | | used shall be licensed by a resident
commercial fisherman | 4 | | as follows:
| 5 | | (1) For each 100 lineal yards, or fraction thereof, | 6 | | of seine
the fee is $18. For each minnow seine, minnow | 7 | | trap, or net for commercial
purposes the fee is $20.
| 8 | | (2) For each device to fish with a 100 hook trot | 9 | | line
device,
basket trap, hoop net, or dip net the fee | 10 | | is $3.
| 11 | | (3) When used in the waters of Lake Michigan, for | 12 | | the first 2000
lineal feet, or fraction thereof, of | 13 | | gill net the fee is $10; and
for each 1000 additional | 14 | | lineal feet, or fraction thereof, the fee is $10.
These | 15 | | fees shall apply to all gill nets in use in the water | 16 | | or on drying
reels on the shore.
| 17 | | (4) For each 100 lineal yards, or fraction thereof, | 18 | | of gill net
or trammel net the fee is $18.
| 19 | | (c) Residents of the State of Illinois may obtain a | 20 | | sportsmen's
combination license that shall entitle the | 21 | | holder to the same
non-commercial fishing privileges as | 22 | | residents holding a license as
described in subsection (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 | 26 | | sportsmen's combination
license shall be issued to any |
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| 1 | | individual who would be ineligible for
either the fishing | 2 | | or hunting license separately. The sportsmen's
combination | 3 | | license fee shall be $25.50.
For residents age 65 or older, | 4 | | the fee is one-half of the fee charged for a
sportsmen's | 5 | | combination license. For resident veterans of the United | 6 | | States Armed Forces after returning from service abroad or | 7 | | mobilization by the President of the United States, the | 8 | | fee, commencing with the 2012 license year, is one-half of | 9 | | the fee charged for a
sportsmen's combination license. | 10 | | Veterans must provide to the Department, at one of the | 11 | | Department's 5 regional offices, verification of their | 12 | | service. The Department shall establish what constitutes | 13 | | suitable verification of service for the purpose of issuing | 14 | | sportsmen's
combination licenses to resident veterans at a | 15 | | reduced fee.
| 16 | | (d) For 24 hours of fishing
by sport fishing devices
as | 17 | | defined in Section 10-95 or by spearing devices as defined | 18 | | in Section
10-110 the fee is $5. This license does not | 19 | | exempt the licensee from the
requirement for a salmon , or | 20 | | inland trout , or aquatic conservation stamp. The licenses | 21 | | provided for
by this subsection
are not required for | 22 | | residents of the State of Illinois who have obtained the
| 23 | | license provided for in subsection (a) of this Section.
| 24 | | (e) All residents before using any commercial mussel | 25 | | device shall
obtain a commercial mussel license, the fee | 26 | | for which shall be $50.
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| 1 | | (f) Residents of this State, upon establishing | 2 | | residency as required
by the Department, may obtain a | 3 | | lifetime hunting or fishing license or
lifetime | 4 | | sportsmen's combination license which shall entitle the | 5 | | holder to
the same non-commercial fishing privileges as | 6 | | residents holding a license
as described in paragraph (a) | 7 | | of this Section and to the same hunting
privileges as | 8 | | residents holding a license to hunt all species as | 9 | | described
in Section 3.1 of the Wildlife Code. No lifetime | 10 | | sportsmen's combination
license shall be issued to or | 11 | | retained by any individual
who would be ineligible for | 12 | | either the fishing or hunting license
separately, either | 13 | | upon issuance, or in any year a violation would
subject an | 14 | | individual to have either or both fishing or hunting | 15 | | privileges
rescinded. The lifetime hunting and fishing | 16 | | license fees shall be as follows:
| 17 | | (1) Lifetime fishing: 30 x the current fishing | 18 | | license fee.
| 19 | | (2) Lifetime hunting: 30 x the current hunting | 20 | | license fee.
| 21 | | (3) Lifetime sportsmen's combination license: 30 x | 22 | | the current
sportsmen's combination license fee.
| 23 | | Lifetime licenses shall not be refundable. A $10 fee shall | 24 | | be charged
for reissuing any lifetime license. The Department | 25 | | may establish rules and
regulations for the issuance and use of | 26 | | lifetime licenses and may suspend
or revoke any lifetime |
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| 1 | | license issued under this Section for violations of
those rules | 2 | | or regulations or other provisions under this Code or the
| 3 | | Wildlife Code. Individuals under 16 years of age who possess a | 4 | | lifetime
hunting or sportsmen's combination license shall have | 5 | | in their possession,
while in the field, a certificate of | 6 | | competency as required under Section
3.2 of the Wildlife Code. | 7 | | Any lifetime license issued under this Section
shall not exempt | 8 | | individuals from obtaining additional stamps or permits
| 9 | | required under the provisions of this Code or the Wildlife | 10 | | Code.
Individuals required to purchase additional stamps shall | 11 | | sign the stamps
and have them in their possession while fishing | 12 | | or hunting with a lifetime
license. All fees received from the | 13 | | issuance
of lifetime licenses shall be deposited in the Fish | 14 | | and Wildlife Endowment
Fund.
| 15 | | Except for licenses issued under subsection (e) of this | 16 | | Section, all
licenses provided for in this Section shall expire | 17 | | on March 31 of
each year, except that the license provided for | 18 | | in subsection (d) of
this Section shall expire 24 hours after | 19 | | the effective date and time listed
on the face of the license.
| 20 | | All individuals required to have and failing to have the | 21 | | license provided
for in subsection (a) or (d) of this Section | 22 | | shall be fined according to the
provisions of Section 20-35 of | 23 | | this Code.
| 24 | | All individuals required to have and failing to have the | 25 | | licenses
provided for in subsections (b) and (e) of this | 26 | | Section shall be guilty of a
Class B misdemeanor.
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| 1 | | (Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13; | 2 | | 98-800, eff. 8-1-14.)
| 3 | | (515 ILCS 5/20-52 new) | 4 | | Sec. 20-52. Aquatic Conservation Stamp Fee. The fee for an | 5 | | aquatic conservation stamp shall be $5 for both resident and | 6 | | non-resident licensees. The fee for an aquatic conservation | 7 | | stamp shall be waived for residents over 75 years of age. Every | 8 | | person shall sign the aquatic conservation stamp or affix the | 9 | | aquatic conservation stamp to his or her license. These stamps | 10 | | shall expire on March 31 of each year. All individuals required | 11 | | to have and failing to have an aquatic conservation stamp as | 12 | | provided in Section 20-12 of this Code shall be guilty of a | 13 | | petty offense.
| 14 | | (515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
| 15 | | Sec. 20-55. License fees for non-residents. Fees for | 16 | | licenses for
non-residents of the State of Illinois are as | 17 | | follows:
| 18 | | (a) For sport fishing devices as defined by Section
10-95, | 19 | | or spearing
devices as defined in Section 10-110, non-residents | 20 | | age 16 or older shall be
charged $31 for a fishing license to | 21 | | fish. For sport fishing devices as defined
by Section 10-95, or | 22 | | spearing devices as defined in Section 10-110, for a
period not | 23 | | to exceed 3 consecutive days fishing in the State of Illinois | 24 | | the
fee is $15.00.
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| 1 | | For sport fishing devices as defined in Section 10-95,
or | 2 | | spearing
devices as defined in Section 10-110, for 24 hours of | 3 | | fishing the fee is $10. This license does not exempt the | 4 | | licensee from
the salmon , or inland trout , or aquatic | 5 | | conservation stamp requirement.
| 6 | | (b) All non-residents before using any commercial fishing | 7 | | device
shall obtain a non-resident commercial fishing license, | 8 | | the fee for
which shall be $300, and a non-resident fishing | 9 | | license. This license does not exempt the licensee from the | 10 | | salmon, inland trout, or aquatic conservation stamp | 11 | | requirement. Each and every commercial device shall be
licensed | 12 | | by a non-resident commercial fisherman as follows:
| 13 | | (1) For each 100 lineal yards, or fraction thereof, of | 14 | | seine
(excluding minnow seines) the fee is $36.
| 15 | | (2) For each device to fish with a 100 hook trot line
| 16 | | device,
basket trap, hoop net, or dip net the fee is $6.
| 17 | | (3) For each 100 lineal yards, or fraction thereof, of | 18 | | trammel net
the fee is $36.
| 19 | | (4) For each 100 lineal yards, or fraction thereof, of | 20 | | gill net
the fee is $36.
| 21 | | (c) All persons required to have and failing to have the | 22 | | license provided
for in subsection (a) of this Section shall be | 23 | | fined under Section 20-35
of this Code. Each person required to | 24 | | have and failing to have the
licenses required under subsection | 25 | | (b) of this Section shall be guilty of a
Class B misdemeanor.
| 26 | | (d) All licenses provided for in this Section shall expire |
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| 1 | | on March 31 of
each year; except that the 24-hour license for | 2 | | sport fishing devices or
spearing devices shall
expire 24 hours | 3 | | after the effective date and time listed on the face of the
| 4 | | license and licenses for sport fishing devices
or spearing
| 5 | | devices for a period not to exceed 3 consecutive days fishing | 6 | | in the
State of Illinois as provided in subsection (a) of this | 7 | | Section shall
expire at midnight on the tenth day after issued, | 8 | | not counting the day
issued.
| 9 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 10 | | (515 ILCS 5/20-110) (from Ch. 56, par. 20-110)
| 11 | | Sec. 20-110. Possession of license, permit, or stamp. Every | 12 | | person
holding any license, salmon stamp, inland trout stamp, | 13 | | aquatic conservation stamp, or permit issued
under this Code | 14 | | shall have it in his or her possession for immediate
| 15 | | presentation for inspection to the authorized employees of the | 16 | | Department, or
to any sheriff, deputy sheriff, or any other | 17 | | peace officer, making a demand for
it within his or her | 18 | | jurisdiction.
| 19 | | (Source: P.A. 87-833; 88-91.)
| 20 | | (515 ILCS 5/20-115) (from Ch. 56, par. 20-115)
| 21 | | Sec. 20-115. Form of licenses, stamps, and permits. | 22 | | Licenses, salmon
stamps, inland trout stamps, aquatic | 23 | | conservation stamps, and permits authorized to be issued under | 24 | | this
Code shall be prepared by the Department and shall be in |
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| 1 | | the form prescribed by
the Department. In addition, at the time | 2 | | of issuance, the information required
on each license shall be | 3 | | completed on it by the issuing agent or his or her
sub-agent | 4 | | and each license shall be signed by the licensee, or initialed | 5 | | by
the designated purchaser and then signed immediately upon | 6 | | receipt by the
licensee , and counter-signed
by the issuing | 7 | | agent or his or her sub-agent . All licenses
shall be supplied | 8 | | by the Department, subject to any rules and regulations
as the | 9 | | Department may prescribe. Any license not properly prepared,
| 10 | | obtained, and signed as required by this Code shall be void.
| 11 | | (Source: P.A. 90-225, eff. 7-25-97.)
| 12 | | Section 99. Effective date. This Act takes effect January | 13 | | 1, 2021.
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