Sen. Debbie DeFrancesco Halvorson
Filed: 5/12/2004
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1 | AMENDMENT TO HOUSE BILL 4996
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2 | AMENDMENT NO. ______. Amend House Bill 4996, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Military Code of Illinois is amended by | ||||||
6 | changing Section 22-9 as follows:
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7 | (20 ILCS 1805/22-9)
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8 | Sec. 22-9. Power to make grants from the Illinois Military
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9 | Family Relief Fund. Subject to appropriation, the Department of | ||||||
10 | Military
Affairs shall have the power to make grants from the | ||||||
11 | Illinois Military
Family Relief Fund, a special fund created in | ||||||
12 | the State treasury, to single persons who are members of the | ||||||
13 | Illinois National Guard or Illinois residents who are members | ||||||
14 | of the reserves of the armed forces of the United States and | ||||||
15 | who have been called to active duty as a result of the | ||||||
16 | September 11, 2001 terrorist attacks and to families
of persons | ||||||
17 | who are members of the Illinois National Guard or Illinois | ||||||
18 | residents
who are members of the reserves of the armed forces | ||||||
19 | of the United States and
who have been called to active duty as | ||||||
20 | a result of the September 11, 2001
terrorist attacks. The | ||||||
21 | Department of Military Affairs shall establish
eligibility | ||||||
22 | criteria for the grants by rule.
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23 | In addition to amounts transferred into the Fund under | ||||||
24 | Section 510 of the
Illinois Income Tax Act, the State Treasurer |
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1 | shall accept and deposit into the
Fund all gifts, grants,
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2 | transfers, appropriations, and other amounts
from any legal | ||||||
3 | source, public or private, that are
designated for deposit into | ||||||
4 | the Fund.
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5 | (Source: P.A. 92-886, eff. 2-7-03; 93-506, eff. 8-11-03.)
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6 | Section 10. The Survivors Compensation Act is amended by | ||||||
7 | adding Section 4 as follows: | ||||||
8 | (330 ILCS 100/4 new) | ||||||
9 | Sec. 4. Compensation in connection with deceased veterans | ||||||
10 | of the Global War on Terrorism. | ||||||
11 | (a) The widow or widower, child or children, mother, | ||||||
12 | father, persons standing in loco parentis, brothers and | ||||||
13 | sisters, in the order named, of any deceased person if (i) that | ||||||
14 | person was a resident of Illinois for at least 12 months | ||||||
15 | immediately preceding entry into military service and (ii) that | ||||||
16 | person's death was service-connected as a result of hostile | ||||||
17 | action on or after September 11, 2001 and prior to such time as | ||||||
18 | Congress declares such persons ineligible for the Global War on
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19 | Terrorism Expeditionary Medal or the Global War on Terrorism | ||||||
20 | Service Medal shall be paid $3,000. | ||||||
21 | (b) If a preceding beneficiary fails to file a claim of | ||||||
22 | compensation after the official notice of death, the Department | ||||||
23 | of Veterans' Affairs may accept applications from succeeding | ||||||
24 | beneficiaries, and such beneficiaries may then proceed to | ||||||
25 | qualify upon submission of satisfactory proof of eligibility. | ||||||
26 | (c) No right or claim to compensation under this Section | ||||||
27 | may be assigned. | ||||||
28 | (d) The Illinois Department of Veterans' Affairs has | ||||||
29 | complete charge and control of the general scheme of payments | ||||||
30 | authorized by this Section and shall adopt general rules for | ||||||
31 | the making of those payments, for the ascertainment and | ||||||
32 | selection of proper beneficiaries and the amount to which those |
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1 | beneficiaries are entitled, and for procedure. | ||||||
2 | (e) If the person to whom compensation is payable under | ||||||
3 | this Section is under legal disability, the compensation shall | ||||||
4 | be paid to the person legally vested with the care of the | ||||||
5 | legally disabled person under the laws of his or her state of | ||||||
6 | residence. If no such person has been so designated for the | ||||||
7 | legally disabled person, payment shall be made to the chief | ||||||
8 | officer of any hospital or institution under the supervision or | ||||||
9 | control of any state or of the Veterans Administration of the | ||||||
10 | United States in which the legally disabled person is placed, | ||||||
11 | if the officer is authorized to accept moneys for the benefit | ||||||
12 | of the incompetent. Any payments so made shall be held or used | ||||||
13 | solely for the benefit of the legally disabled person. | ||||||
14 | As used in this Section, a person "under legal disability" | ||||||
15 | means any person found to be so disabled by a court of | ||||||
16 | competent jurisdiction of any state or the District of Columbia | ||||||
17 | or by any adjudication officer of the Veterans Administration | ||||||
18 | of the United States.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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