98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4500

 

Introduced , by Rep. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-609  from Ch. 95 1/2, par. 3-609
515 ILCS 5/20-45  from Ch. 56, par. 20-45
520 ILCS 5/3.2  from Ch. 61, par. 3.2

    Amends the Illinois Vehicle Code. Provides that any veteran who holds proof of a service-connected disability from the United States Department of Veterans Affairs, and who has obtained certification from a psychiatrist that the service-connected disability qualifies the veteran for issuance of registration plates or decals to a person with disabilities, may, without the payment of any registration fee, make application to the Secretary of State for disabled veterans license plates displaying the international symbol of access. Amends the Fish and Aquatic Life Code. Provides that, beginning with the 2014 license year, a veteran who holds proof of a service-connected disability from the United States Department of Veterans Affairs, and whose degree of disability has been declared to be 50% or more, shall be eligible for a free fishing license. Amends the Wildlife Code. Provides that, beginning with the 2014 license year, a veteran who holds proof of a service-connected disability from the United States Department of Veterans Affairs, and whose degree of disability has been declared to be 50% or more, shall be eligible for a free hunting license. Effective immediately.


LRB098 17937 MGM 53061 b

 

 

A BILL FOR

 

HB4500LRB098 17937 MGM 53061 b

1    AN ACT concerning veterans.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 3-609 as follows:
 
6    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)
7    Sec. 3-609. Disabled Veterans' Plates.
8    (a) Any veteran who holds proof of a service-connected
9disability from the United States Department of Veterans
10Affairs, and who has obtained certification from a licensed
11physician, physician assistant, psychiatrist, or advanced
12practice nurse that the service-connected disability qualifies
13the veteran for issuance of registration plates or decals to a
14person with disabilities in accordance with Section 3-616, may,
15without the payment of any registration fee, make application
16to the Secretary of State for disabled veterans license plates
17displaying the international symbol of access, for the
18registration of one motor vehicle of the first division or one
19motor vehicle of the second division weighing not more than
208,000 pounds.
21    (b) Any veteran who holds proof of a service-connected
22disability from the United States Department of Veterans
23Affairs, and whose degree of disability has been declared to be

 

 

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150% or more, but whose disability does not qualify the veteran
2for a plate or decal for persons with disabilities under
3Section 3-616, may, without the payment of any registration
4fee, make application to the Secretary for a special
5registration plate without the international symbol of access
6for the registration of one motor vehicle of the first division
7or one motor vehicle of the second division weighing not more
8than 8,000 pounds.
9    (c) Renewal of such registration must be accompanied with
10documentation for eligibility of registration without fee
11unless the applicant has a permanent qualifying disability, and
12such registration plates may not be issued to any person not
13eligible therefor. The Illinois Department of Veterans'
14Affairs may assist in providing the documentation of
15disability.
16    (d) The design and color of the plates shall be within the
17discretion of the Secretary, except that the plates issued
18under subsection (b) of this Section shall not contain the
19international symbol of access. The Secretary may, in his or
20her discretion, allow the plates to be issued as vanity or
21personalized plates in accordance with Section 3-405.1 of this
22Code. Registration shall be for a multi-year period and may be
23issued staggered registration.
24    (e) Any person eligible to receive license plates under
25this Section who has been approved for benefits under the
26Senior Citizens and Disabled Persons Property Tax Relief Act,

 

 

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1or who has claimed and received a grant under that Act, shall
2pay a fee of $24 instead of the fee otherwise provided in this
3Code for passenger cars displaying standard multi-year
4registration plates issued under Section 3-414.1, for motor
5vehicles registered at 8,000 pounds or less under Section
63-815(a), or for recreational vehicles registered at 8,000
7pounds or less under Section 3-815(b), for a second set of
8plates under this Section.
9(Source: P.A. 97-689, eff. 6-14-12; 97-918, eff. 1-1-13;
1098-463, eff. 8-16-13.)
 
11    Section 10. The Fish and Aquatic Life Code is amended by
12changing Section 20-45 as follows:
 
13    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
14    Sec. 20-45. License fees for residents. Fees for licenses
15for residents of the State of Illinois shall be as follows:
16        (a) Except as otherwise provided in this Section, for
17    sport fishing devices as defined in Section 10-95 or
18    spearing devices as defined in Section 10-110, the fee is
19    $14.50 for individuals 16 to 64 years old, one-half of the
20    current fishing license fee for individuals age 65 or
21    older, and, commencing with the 2012 license year, one-half
22    of the current fishing license fee for resident veterans of
23    the United States Armed Forces after returning from service
24    abroad or mobilization by the President of the United

 

 

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1    States. Veterans must provide, to the Department at one of
2    the Department's 5 regional offices, verification of their
3    service. The Department shall establish what constitutes
4    suitable verification of service for the purpose of issuing
5    fishing licenses to resident veterans at a reduced fee.
6    Beginning with the 2014 license year, a veteran who holds
7    proof of a service-connected disability from the federal
8    Department of Veterans Affairs, and whose degree of
9    disability has been declared to be 50% or more, shall be
10    eligible for a free fishing license. Renewal of that
11    license must be accompanied with documentation for
12    eligibility of license without a fee, unless the applicant
13    has a permanent qualifying disability, in which case, the
14    disabled veteran is not required to renew the license. The
15    Illinois Department of Veterans' Affairs may assist in
16    providing the documentation of disability.
17        (b) All residents before using any commercial fishing
18    device shall obtain a commercial fishing license, the fee
19    for which shall be $60 and a resident fishing license, the
20    fee for which is $14.50. Each and every commercial device
21    used shall be licensed by a resident commercial fisherman
22    as follows:
23            (1) For each 100 lineal yards, or fraction thereof,
24        of seine the fee is $18. For each minnow seine, minnow
25        trap, or net for commercial purposes the fee is $20.
26            (2) For each device to fish with a 100 hook trot

 

 

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1        line device, basket trap, hoop net, or dip net the fee
2        is $3.
3            (3) When used in the waters of Lake Michigan, for
4        the first 2000 lineal feet, or fraction thereof, of
5        gill net the fee is $10; and for each 1000 additional
6        lineal feet, or fraction thereof, the fee is $10. These
7        fees shall apply to all gill nets in use in the water
8        or on drying reels on the shore.
9            (4) For each 100 lineal yards, or fraction thereof,
10        of gill net or trammel net the fee is $18.
11        (c) Residents of the State of Illinois may obtain a
12    sportsmen's combination license that shall entitle the
13    holder to the same non-commercial fishing privileges as
14    residents holding a license as described in subsection (a)
15    of this Section and to the same hunting privileges as
16    residents holding a license to hunt all species as
17    described in Section 3.1 of the Wildlife Code. No
18    sportsmen's combination license shall be issued to any
19    individual who would be ineligible for either the fishing
20    or hunting license separately. The sportsmen's combination
21    license fee shall be $25.50. For residents age 65 or older,
22    the fee is one-half of the fee charged for a sportsmen's
23    combination license. For resident veterans of the United
24    States Armed Forces after returning from service abroad or
25    mobilization by the President of the United States, the
26    fee, commencing with the 2012 license year, is one-half of

 

 

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1    the fee charged for a sportsmen's combination license.
2    Veterans must provide to the Department, at one of the
3    Department's 5 regional offices, verification of their
4    service. The Department shall establish what constitutes
5    suitable verification of service for the purpose of issuing
6    sportsmen's combination licenses to resident veterans at a
7    reduced fee.
8        (d) For 24 hours of fishing by sport fishing devices as
9    defined in Section 10-95 or by spearing devices as defined
10    in Section 10-110 the fee is $5. This license does not
11    exempt the licensee from the requirement for a salmon or
12    inland trout stamp. The licenses provided for by this
13    subsection are not required for residents of the State of
14    Illinois who have obtained the license provided for in
15    subsection (a) of this Section.
16        (e) All residents before using any commercial mussel
17    device shall obtain a commercial mussel license, the fee
18    for which shall be $50.
19        (f) Residents of this State, upon establishing
20    residency as required by the Department, may obtain a
21    lifetime hunting or fishing license or lifetime
22    sportsmen's combination license which shall entitle the
23    holder to the same non-commercial fishing privileges as
24    residents holding a license as described in paragraph (a)
25    of this Section and to the same hunting privileges as
26    residents holding a license to hunt all species as

 

 

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1    described in Section 3.1 of the Wildlife Code. No lifetime
2    sportsmen's combination license shall be issued to or
3    retained by any individual who would be ineligible for
4    either the fishing or hunting license separately, either
5    upon issuance, or in any year a violation would subject an
6    individual to have either or both fishing or hunting
7    privileges rescinded. The lifetime hunting and fishing
8    license fees shall be as follows:
9            (1) Lifetime fishing: 30 x the current fishing
10        license fee.
11            (2) Lifetime hunting: 30 x the current hunting
12        license fee.
13            (3) Lifetime sportsmen's combination license: 30 x
14        the current sportsmen's combination license fee.
15    Lifetime licenses shall not be refundable. A $10 fee shall
16be charged for reissuing any lifetime license. The Department
17may establish rules and regulations for the issuance and use of
18lifetime licenses and may suspend or revoke any lifetime
19license issued under this Section for violations of those rules
20or regulations or other provisions under this Code or the
21Wildlife Code. Individuals under 16 years of age who possess a
22lifetime hunting or sportsmen's combination license shall have
23in their possession, while in the field, a certificate of
24competency as required under Section 3.2 of the Wildlife Code.
25Any lifetime license issued under this Section shall not exempt
26individuals from obtaining additional stamps or permits

 

 

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1required under the provisions of this Code or the Wildlife
2Code. Individuals required to purchase additional stamps shall
3sign the stamps and have them in their possession while fishing
4or hunting with a lifetime license. All fees received from the
5issuance of lifetime licenses shall be deposited in the Fish
6and Wildlife Endowment Fund.
7    Except for licenses issued to a permanently disabled
8veteran under subsection (a) of this Section and licenses
9issued under subsection (e) of this Section, all licenses
10provided for in this Section shall expire on March 31 of each
11year, except that the license provided for in subsection (d) of
12this Section shall expire 24 hours after the effective date and
13time listed on the face of the license.
14    All individuals required to have and failing to have the
15license provided for in subsection (a) or (d) of this Section
16shall be fined according to the provisions of Section 20-35 of
17this Code.
18    All individuals required to have and failing to have the
19licenses provided for in subsections (b) and (e) of this
20Section shall be guilty of a Class B misdemeanor.
21(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12;
2297-1136, eff. 1-1-13.)
 
23    Section 15. The Wildlife Code is amended by changing
24Section 3.2 as follows:
 

 

 

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1    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
2    Sec. 3.2. Hunting license; application; instruction.
3Before the Department or any county, city, village, township,
4incorporated town clerk or his duly designated agent or any
5other person authorized or designated by the Department to
6issue hunting licenses shall issue a hunting license to any
7person, the person shall file his application with the
8Department or other party authorized to issue licenses on a
9form provided by the Department and further give definite proof
10of identity and place of legal residence. Each clerk
11designating agents to issue licenses and stamps shall furnish
12the Department, within 10 days following the appointment, the
13names and mailing addresses of the agents. Each clerk or his
14duly designated agent shall be authorized to sell licenses and
15stamps only within the territorial area for which he was
16elected or appointed. No duly designated agent is authorized to
17furnish licenses or stamps for issuance by any other business
18establishment. Each application shall be executed and sworn to
19and shall set forth the name and description of the applicant
20and place of residence.
21    No hunting license shall be issued to any person born on or
22after January 1, 1980 unless he presents the person authorized
23to issue the license evidence that he has held a hunting
24license issued by the State of Illinois or another state in a
25prior year, or a certificate of competency as provided in this
26Section. Persons under 16 years of age may be issued a Lifetime

 

 

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1Hunting or Sportsmen's Combination License as provided under
2Section 20-45 of the Fish and Aquatic Life Code but shall not
3be entitled to hunt unless they have a certificate of
4competency as provided in this Section and they shall have the
5certificate in their possession while hunting.
6    The Department of Natural Resources shall authorize
7personnel of the Department or certified volunteer instructors
8to conduct courses, of not less than 10 hours in length, in
9firearms and hunter safety, which may include training in bow
10and arrow safety, at regularly specified intervals throughout
11the State. Persons successfully completing the course shall
12receive a certificate of competency. The Department of Natural
13Resources may further cooperate with any reputable association
14or organization in establishing courses if the organization has
15as one of its objectives the promotion of safety in the
16handling of firearms or bow and arrow.
17    The Department of Natural Resources shall designate any
18person found by it to be competent to give instruction in the
19handling of firearms, hunter safety, and bow and arrow. The
20persons so appointed shall give the course of instruction and
21upon the successful completion shall issue to the person
22instructed a certificate of competency in the safe handling of
23firearms, hunter safety, and bow and arrow. No charge shall be
24made for any course of instruction except for materials or
25ammunition consumed. The Department of Natural Resources shall
26furnish information on the requirements of hunter safety

 

 

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1education programs to be distributed free of charge to
2applicants for hunting licenses by the persons appointed and
3authorized to issue licenses. Funds for the conducting of
4firearms and hunter safety courses shall be taken from the fee
5charged for the Firearm Owners Identification Card.
6    The fee for a hunting license to hunt all species for a
7resident of Illinois is $12. For residents age 65 or older,
8and, commencing with the 2012 license year, resident veterans
9of the United States Armed Forces after returning from service
10abroad or mobilization by the President of the United States,
11the fee is one-half of the fee charged for a hunting license to
12hunt all species for a resident of Illinois. Veterans must
13provide to the Department, at one of the Department's 5
14regional offices, verification of their service. The
15Department shall establish what constitutes suitable
16verification of service for the purpose of issuing resident
17veterans hunting licenses at a reduced fee. Beginning with the
182014 license year, a veteran who holds proof of a
19service-connected disability from the federal Department of
20Veterans Affairs, and whose degree of disability has been
21declared to be 50% or more, shall be eligible for a free
22hunting license. Renewal of that license must be accompanied
23with documentation for eligibility of license without a fee,
24unless the applicant has a permanent qualifying disability, in
25which case, the disabled veteran is not required to renew the
26license. The Illinois Department of Veterans' Affairs may

 

 

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1assist in providing the documentation of disability.
2Nonresidents shall be charged $57 for a hunting license.
3    Nonresidents may be issued a nonresident hunting license
4for a period not to exceed 10 consecutive days' hunting in the
5State and shall be charged a fee of $35.
6    A special nonresident hunting license authorizing a
7nonresident to take game birds by hunting on a game breeding
8and hunting preserve area only, established under Section 3.27,
9shall be issued upon proper application being made and payment
10of a fee equal to that for a resident hunting license. The
11expiration date of this license shall be on the same date each
12year that game breeding and hunting preserve area licenses
13expire.
14    Each applicant for a State Migratory Waterfowl Stamp,
15regardless of his residence or other condition, shall pay a fee
16of $15 and shall receive a stamp. Except as provided under
17Section 20-45 of the Fish and Aquatic Life Code, the stamp
18shall be signed by the person or affixed to his license or
19permit in a space designated by the Department for that
20purpose.
21    Each applicant for a State Habitat Stamp, regardless of his
22residence or other condition, shall pay a fee of $5 and shall
23receive a stamp. Except as provided under Section 20-45 of the
24Fish and Aquatic Life Code, the stamp shall be signed by the
25person or affixed to his license or permit in a space
26designated by the Department for that purpose.

 

 

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1    Nothing in this Section shall be construed as to require
2the purchase of more than one State Habitat Stamp by any person
3in any one license year.
4    The Department shall furnish the holders of hunting
5licenses and stamps with an insignia as evidence of possession
6of license, or license and stamp, as the Department may
7consider advisable. The insignia shall be exhibited and used as
8the Department may order.
9    Except for licenses issued to permanently disabled
10veterans under this Section, all All other hunting licenses and
11all State stamps shall expire upon March 31 of each year.
12    Every person holding any license, permit, or stamp issued
13under the provisions of this Act shall have it in his
14possession for immediate presentation for inspection to the
15officers and authorized employees of the Department, any
16sheriff, deputy sheriff, or any other peace officer making a
17demand for it. This provision shall not apply to Department
18owned or managed sites where it is required that all hunters
19deposit their license, permit, or Firearm Owner's
20Identification Card at the check station upon entering the
21hunting areas.
22(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.