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Public Act 100-0143 | ||||
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AN ACT concerning the Department of Veterans' Affairs.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Natural Resources | ||||
(Conservation) Law of the
Civil Administrative Code of Illinois | ||||
is amended by changing Section 805-305 as follows:
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(20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
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Sec. 805-305. Campsites and housing facilities. The
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Department has the power to provide facilities for
overnight | ||||
tent and trailer campsites and to provide suitable housing
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facilities for student and juvenile overnight camping groups. | ||||
The Department
of Natural Resources may regulate, by | ||||
administrative
order, the fees to be charged for tent and | ||||
trailer camping units at individual
park areas based upon the | ||||
facilities available. However, for campsites with
access to | ||||
showers or electricity, any Illinois resident who is age 62 or | ||||
older
or has a Class 2 disability as defined in Section 4A of | ||||
the Illinois
Identification Card Act shall be charged only | ||||
one-half of the camping fee
charged to the general public | ||||
during the period Monday through Thursday of any
week and shall | ||||
be charged the same camping fee as the general public on all
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other days. For campsites without access to showers or | ||||
electricity, no camping
fee authorized by this Section shall be |
charged to any resident of Illinois who
has a Class 2 | ||
disability as defined in Section 4A of the Illinois
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Identification Card Act. For campsites without access to | ||
showers or
electricity, no camping fee authorized by this | ||
Section shall be charged to any
resident of Illinois who is age | ||
62 or older for
the use of a campsite unit during the period | ||
Monday through Thursday of any
week. No camping fee authorized | ||
by this Section shall be charged to any
resident of Illinois | ||
who is a veteran with a disability or a former prisoner of
war, | ||
as defined in Section 5 of the Department of Veterans' Veterans | ||
Affairs Act.
No camping fee authorized by this Section shall be | ||
charged to any
resident of Illinois after returning from | ||
service abroad or mobilization by the President of the United | ||
States as an active duty member of the United States Armed | ||
Forces, the Illinois National Guard, or the Reserves of the | ||
United States Armed Forces for the amount of time that the | ||
active duty member spent in service abroad or mobilized if the | ||
person (i) applies for a pass at the Department office in | ||
Springfield within 2 years after returning and provides | ||
acceptable verification of service or mobilization to the | ||
Department or (ii) applies for a pass at a Regional Office of | ||
the Department within 2 years after returning and provides | ||
acceptable verification of service or mobilization to the | ||
Department; any portion of a year that the active duty member | ||
spent in service abroad or mobilized shall count as a full | ||
year. Nonresidents shall be charged the same fees as are |
authorized for the general
public regardless of age. The | ||
Department shall provide by regulation for
suitable proof of | ||
age, or either a valid driver's license or a "Golden Age
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Passport" issued by the federal government shall be acceptable | ||
as proof of
age. The Department shall further provide by | ||
regulation that notice of
these
reduced admission fees be | ||
posted in a conspicuous place and manner.
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Reduced fees authorized in this Section shall not apply to | ||
any charge for
utility service.
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For the purposes of this Section, "acceptable verification | ||
of service or mobilization" means official documentation from | ||
the Department of Defense or the appropriate Major Command | ||
showing mobilization dates or service abroad dates, including: | ||
(i) a DD-214, (ii) a letter from the Illinois Department of | ||
Military Affairs for members of the Illinois National Guard, | ||
(iii) a letter from the Regional Reserve Command for members of | ||
the Armed Forces Reserve, (iv) a letter from the Major Command | ||
covering Illinois for active duty members, (v) personnel | ||
records for mobilized State employees, and (vi) any other | ||
documentation that the Department, by administrative rule, | ||
deems acceptable to establish dates of mobilization or service | ||
abroad. | ||
For the purposes of this Section, the term "service abroad" | ||
means active duty service outside of the 50 United States and | ||
the District of Columbia, and includes all active duty service | ||
in territories and possessions of the United States. |
(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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Section 10. The Illinois Lottery Law is amended by changing | ||
Section 21.6 as follows: | ||
(20 ILCS 1605/21.6)
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Sec. 21.6. Scratch-off for Illinois veterans. | ||
(a) The Department shall offer a special instant | ||
scratch-off game for the benefit of Illinois veterans. The game | ||
shall commence on January 1, 2006 or as soon thereafter, at the | ||
discretion of the Director, as is reasonably practical. The | ||
operation of the game shall be governed by this Act and any | ||
rules adopted by the Department. If any provision of this | ||
Section is inconsistent with any other provision of this Act, | ||
then this Section governs. | ||
(b) The Illinois Veterans Assistance Fund is created as a | ||
special fund in the State treasury. The net revenue from the | ||
Illinois veterans scratch-off game shall be deposited into the | ||
Fund for appropriation by the General Assembly solely to the | ||
Department of Veterans' Veterans Affairs for making grants, | ||
funding additional services, or conducting additional research | ||
projects relating to each of the following: | ||
(i) veterans' post traumatic stress disorder; | ||
(ii) veterans' homelessness; | ||
(iii) the health insurance costs of veterans; | ||
(iv) veterans' disability benefits, including but not |
limited to, disability benefits provided by veterans | ||
service organizations and veterans assistance commissions | ||
or centers; | ||
(v) the long-term care of veterans; provided that, | ||
beginning with moneys appropriated for fiscal year 2008, no | ||
more than 20% of such moneys shall be used for health | ||
insurance costs; and | ||
(vi) veteran employment and employment training. | ||
In order to expend moneys from this special fund, beginning | ||
with moneys appropriated for fiscal year 2008, the Director of | ||
Veterans' Affairs shall appoint a 3-member funding | ||
authorization committee. The Director shall designate one of | ||
the members as chairperson. The committee shall meet on a | ||
quarterly basis, at a minimum, and shall authorize expenditure | ||
of moneys from the special fund by a two-thirds vote. Decisions | ||
of the committee shall not take effect unless and until | ||
approved by the Director of Veterans' Affairs. Each member of | ||
the committee shall serve until a replacement is named by the | ||
Director of Veterans' Affairs. One member of the committee | ||
shall be a member of the Veterans' Advisory Council. | ||
Moneys collected from the special instant scratch-off game | ||
shall be used only as a supplemental financial resource and | ||
shall not supplant existing moneys that the Department of | ||
Veterans' Veterans Affairs may currently expend for the | ||
purposes set forth in items (i) through (v).
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Moneys received for the purposes of this Section, |
including, without limitation, net revenue from the special | ||
instant scratch-off game and from gifts, grants, and awards | ||
from any public or private entity, must be deposited into the | ||
Fund. Any interest earned on moneys in the Fund must be | ||
deposited into the Fund.
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For purposes of this subsection, "net revenue" means the | ||
total amount for which tickets have been sold less the sum of | ||
the amount paid out in the prizes and the actual administrative | ||
expenses of the Department solely related to the scratch-off | ||
game under this Section.
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(c) During the time that tickets are sold for the Illinois | ||
veterans scratch-off game, the Department shall not | ||
unreasonably diminish the efforts devoted to marketing any | ||
other instant scratch-off lottery game. | ||
(d) The Department may adopt any rules necessary to | ||
implement and administer the provisions of this Section.
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(Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12; | ||
98-499, eff. 8-16-13; revised 9-2-16.) | ||
Section 15. The Department of Veterans Affairs Act is | ||
amended by changing Sections 0.01 and 20 as follows:
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(20 ILCS 2805/0.01) (from Ch. 126 1/2, par. 65.9)
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Sec. 0.01. Short title. This Act may be cited as the
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Department of Veterans' Veterans Affairs Act.
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(Source: P.A. 86-1324.)
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(20 ILCS 2805/20)
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Sec. 20. Illinois Discharged Servicemember Task Force. The | ||
Illinois Discharged Servicemember Task Force is hereby created | ||
within the Department of Veterans' Veterans Affairs. The Task | ||
Force shall investigate the re-entry process for service | ||
members who return to civilian life after being engaged in an | ||
active theater. The investigation shall include the effects of | ||
post-traumatic stress disorder, homelessness, disabilities, | ||
and other issues the Task Force finds relevant to the re-entry | ||
process. For fiscal year 2012, the Task Force shall include the | ||
availability of prosthetics in its investigation. For fiscal | ||
year 2014, the Task Force shall include the needs of women | ||
veterans with respect to issues including, but not limited to, | ||
compensation, rehabilitation, outreach, health care, and | ||
issues facing women veterans in the community, and to offer | ||
recommendations on how best to alleviate these needs which | ||
shall be included in the Task Force Annual Report for 2014. The | ||
Task Force shall include the following members: | ||
(a) a representative of the Department of Veterans' | ||
Veterans Affairs, who shall chair the committee;
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(b) a representative from the Department of Military | ||
Affairs;
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(c) a representative from the Office of the Illinois | ||
Attorney General;
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(d) a member of the General Assembly appointed by the |
Speaker of the House;
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(e) a member of the General Assembly appointed by the | ||
House Minority Leader;
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(f) a member of the General Assembly appointed by the | ||
President of the Senate;
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(g) a member of the General Assembly appointed by the | ||
Senate Minority Leader;
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(h) 4 members chosen by the Department of Veterans' | ||
Veterans Affairs, who shall represent statewide veterans' | ||
organizations or veterans' homeless shelters;
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(i) one member appointed by the Lieutenant Governor; | ||
and
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(j) a representative of the United States Department of | ||
Veterans Affairs shall be invited to participate.
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Vacancies in the Task Force shall be filled by the initial | ||
appointing authority. Task Force members shall serve without | ||
compensation, but may be reimbursed for necessary expenses | ||
incurred in performing duties associated with the Task Force.
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By July 1, 2008 and by July 1 of each year thereafter, the | ||
Task Force shall present an annual report of its findings to | ||
the Governor, the Attorney General, the Director of Veterans' | ||
Affairs, the Lieutenant Governor, and the Secretary of the | ||
United States Department of Veterans Affairs.
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If the Task Force becomes inactive because active theaters | ||
cease, the Director of Veterans' Veterans Affairs may | ||
reactivate the Task Force if active theaters are reestablished.
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(Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13; | ||
revised 9-8-16.) | ||
Section 20. The Task Force on Inventorying Employment | ||
Restrictions Act is amended by changing Section 10 as follows: | ||
(20 ILCS 5000/10)
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Sec. 10. Definitions. As used in this Act: | ||
"State agencies" shall mean the following State agencies, | ||
boards, and commissions: Department on Aging, Department of | ||
Agriculture, Office of Appellate Defender, Office of the | ||
State's Attorneys Appellate Prosecutor, Illinois Arts Council, | ||
Office of the Attorney General, Auditor General, Capital | ||
Development Board, Department of Central Management Services, | ||
Department of Children and Family Services, Civil Service | ||
Commission, Illinois Department of Commerce and Economic | ||
Opportunity, Illinois Commerce Commission, Illinois Community | ||
College Board, State of Illinois Comprehensive Health | ||
Insurance Plan, Office of the Comptroller, Department of | ||
Corrections, Criminal Justice Information Authority, Illinois | ||
Council on Developmental Disabilities, Illinois Deaf and Hard | ||
of Hearing Commission, Commission on Discrimination and Hate | ||
Crimes, State Board of Education, Illinois Educational Labor | ||
Relations Board, State Board of Elections, Illinois Emergency | ||
Management Agency, Department of Employment Security, | ||
Environmental Protection Agency, Illinois State Fair, Illinois |
Finance Authority, Department of Financial and Professional | ||
Regulation, Office of the First Lady, Illinois Gaming Board, | ||
Office of the Governor, Guardianship and Advocacy Commission, | ||
Department of Healthcare and Family Services, Board of Higher | ||
Education, Historic Preservation Agency, Illinois Housing | ||
Development Authority, Illinois Human Rights Commission, | ||
Department of Human Rights, Department of Human Services, | ||
Illinois State Board of Investment, Department of Juvenile | ||
Justice, Office of the Lieutenant Governor, Department of | ||
Labor, Illinois Labor Relations Board, Illinois Law | ||
Enforcement Training Standards Board, Illinois Liquor Control | ||
Commission, Illinois Lottery, Governor's Office of Management | ||
and Budget, Illinois Medical District Commission, Department | ||
of Military Affairs, Department of Natural Resources, | ||
Pollution Control Board, Prairie State 2000 Authority, | ||
Property Tax Appeal Board, Department of Public Health, | ||
Illinois Prisoner Review Board, Illinois Racing Board, | ||
Department of Revenue, Office of the Secretary of State, State | ||
Fire Marshal, Illinois State Police, State Police Merit Board, | ||
State Retirement Systems, Office of the State Treasurer, State | ||
Universities Civil Service System, State Universities | ||
Retirement System, Illinois Student Assistance Commission, | ||
Illinois Supreme Court, Illinois Teachers' Retirement System, | ||
Illinois State Toll Highway Authority, Department of | ||
Transportation, Department of Veterans' Affairs Veterans | ||
Affairs' , Governor's Office of Women's Affairs, and Illinois |
Workers' Compensation Commission.
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(Source: P.A. 96-593, eff. 8-18-09.) | ||
Section 25. The Illinois Procurement Code is amended by | ||
changing Section 45-67 as follows: | ||
(30 ILCS 500/45-67) | ||
Sec. 45-67. Encouragement to hire qualified veterans. A | ||
chief procurement officer may, as part of any solicitation, | ||
encourage potential contractors to consider hiring qualified | ||
veterans and to notify them of any available financial | ||
incentives or other advantages associated with hiring such | ||
persons. In establishing internal guidelines in furtherance of | ||
this Section, the Department of Central Management Services may | ||
work with an interagency advisory committee consisting of | ||
representatives from the Department of Veterans' Veterans | ||
Affairs, the Department of Employment Security, the Department | ||
of Commerce and Economic Opportunity, and the Department of | ||
Revenue and consisting of 8 members of the General Assembly, 2 | ||
of whom are appointed by the Speaker of the House of | ||
Representatives, 2 of whom are appointed by the President of | ||
the Senate, 2 of whom are appointed by the Minority Leader of | ||
the House of Representatives, and 2 of whom are appointed by | ||
the Minority Leader of the Senate. | ||
For the purposes of this Section, "qualified veteran" means | ||
an Illinois resident who: (i) was a member of the Armed Forces |
of the United States, a member of the Illinois National Guard, | ||
or a member of any reserve component of the Armed Forces of the | ||
United States; (ii) served on active duty in connection with | ||
Operation Desert Storm, Operation Enduring Freedom, or | ||
Operation Iraqi Freedom; and (iii) was honorably discharged.
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The Department of Central Management Services must report | ||
to the Governor and to the General Assembly by December 31 of | ||
each year on the activities undertaken by chief procurement | ||
officers and the Department of Central Management Services to | ||
encourage potential contractors to consider hiring qualified | ||
veterans. The report must include the number of vendors who | ||
have hired qualified veterans.
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(Source: P.A. 98-1076, eff. 1-1-15; revised 9-9-16.) | ||
Section 30. The Nursing Home Care Act is amended by | ||
changing Section 2-215 as follows:
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(210 ILCS 45/2-215)
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Sec. 2-215. Conflicts with the Department of Veterans' | ||
Veterans Affairs Act. If
there is a conflict between the | ||
provisions of this Act and the provisions of
the
Department of | ||
Veterans' Veterans Affairs Act concerning an Illinois Veterans | ||
Home not
operated by the Department of Veterans' Affairs, then | ||
the provisions of this
Act shall apply.
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(Source: P.A. 90-168, eff. 7-23-97.)
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Section 35. The Viet Nam Veterans Compensation Act is | ||
amended by changing Sections 3 and 5 as follows:
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(330 ILCS 30/3) (from Ch. 126 1/2, par. 57.53)
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Sec. 3.
The widow or widower, child or children, mother, | ||
father, person standing
in loco parentis, brothers and sisters, | ||
in the order named, of any deceased
person shall be paid the | ||
compensation to which the deceased person would be
entitled | ||
under Section 2 of this Act. Where such deceased person would | ||
have
qualified for compensation under Section 2 except for his | ||
death and his
death was connected with such service and | ||
resulted from such service during
the time period specified in | ||
Section 2, his survivors, in the order named
in this Section, | ||
shall be paid $1000.
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Where a preceding beneficiary fails to file a claim for | ||
compensation
after the official notice of death the Department | ||
of Veterans' Affairs Illinois Veterans' Commission may
proceed | ||
to process applications from succeeding beneficiaries, and | ||
such
beneficiaries may then proceed to qualify upon submission | ||
of satisfactory
proof of eligibility.
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(Source: P.A. 78-295.)
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(330 ILCS 30/5) (from Ch. 126 1/2, par. 57.55)
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Sec. 5.
The Department of Veterans' Affairs Illinois | ||
Veterans' Commission has complete charge and control
of the | ||
general scheme of payments authorized by this Act and shall |
adopt
general rules for the making of such payments, the | ||
ascertainment and
selection of proper beneficiaries and the | ||
amount to which such
beneficiaries are entitled, and for | ||
procedure.
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If the person to whom compensation is payable under this | ||
Act is under
legal disability, it shall be paid to the person | ||
legally vested with the care of
such legally disabled person | ||
under the laws of his State
of residence. If no such
person has | ||
been so designated for the legally disabled person,
payment | ||
shall be made to
the chief officer of any hospital or | ||
institution under the supervision or
control of any State or of | ||
the Veterans Administration of the United States
in which such | ||
legally disabled person is placed, if
such officer is | ||
authorized to
accept moneys for the benefit of the incompetent. | ||
Any payments so made
shall be held or used solely for the | ||
benefit of the legally disabled person.
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As used in this Section, a person under legal
disability | ||
means any person
found to be so disabled by a court of | ||
competent jurisdiction
of any State
or the District of Columbia | ||
or by any adjudication officer of the Veterans
Administration | ||
of the United States.
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(Source: P.A. 83-706.)
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Section 40. The Prisoner of War Bonus Act is amended by | ||
changing Section 2 as follows:
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(330 ILCS 35/2) (from Ch. 126 1/2, par. 57.62)
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Sec. 2.
The widow or widower, child or children, mother, | ||
father, person standing
in loco parentis, brothers and sisters, | ||
in the order named, of any deceased
person shall be paid the | ||
compensation to which the deceased person would be
entitled | ||
under Section 1 of this Act.
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Where a preceding beneficiary fails to file a claim for | ||
compensation
after the official notice of death the Department | ||
of Veterans' Affairs Illinois Veterans' Commission may
proceed | ||
to process applications from succeeding beneficiaries and such
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beneficiaries may then proceed to qualify upon submission of | ||
satisfactory
proof of eligibility.
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(Source: P.A. 78-293.)
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Section 45. The Veterans Burial Places Act is amended by | ||
changing Section 3 as follows:
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(330 ILCS 110/3) (from Ch. 21, par. 59c)
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Sec. 3.
For the purpose of locating the burial places of | ||
United
States War Veterans, the different Veteran | ||
organizations, their
auxiliaries and affiliated organizations | ||
in the State of Illinois are
authorized, without expense to the | ||
State, to collect the required data
and prepare and file with | ||
the Department of Veterans' Affairs the
information provided | ||
for in section 1 hereof. For filing and recording
this report, | ||
the Department of Veterans' Affairs Illinois Veterans' |
Commission may charge a fee of 25
cents for a single report and | ||
not to exceed 50 cents per folio for
reports containing more | ||
than one name and more than one folio. A representative
of the | ||
Department of Veterans' Affairs may visit cemeteries
of the | ||
State or resort to any other reliable means to locate the | ||
burial
places of United States War Veterans.
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(Source: P.A. 81-167.)
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Section 50. The Illinois Vehicle Code is amended by | ||
changing Section 3-626 as follows:
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(625 ILCS 5/3-626)
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Sec. 3-626. Korean War Veteran license plates.
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(a) In addition to any other special license plate, the | ||
Secretary, upon
receipt of all applicable fees and applications | ||
made in the form prescribed by
the Secretary of State, may | ||
issue special registration plates designated as
Korean War | ||
Veteran license plates to
residents of Illinois who | ||
participated in the United States Armed Forces during
the | ||
Korean War. The special plate issued under this Section shall | ||
be affixed
only to passenger vehicles of the first division, | ||
motorcycles,
motor vehicles of the second
division weighing not | ||
more than 8,000 pounds, and recreational vehicles as
defined by | ||
Section 1-169 of this Code. Plates issued under this Section | ||
shall
expire according to the staggered multi-year procedure | ||
established by Section
3-414.1 of this Code.
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(b) The design, color, and format of the plates shall be | ||
wholly
within the discretion of the Secretary of State. The | ||
Secretary may, in his or
her discretion, allow the plates to be | ||
issued as vanity plates or personalized
in accordance with | ||
Section 3-405.1 of this Code. The plates are not required
to | ||
designate "Land Of Lincoln", as prescribed in subsection (b) of | ||
Section
3-412 of this Code. The Secretary shall prescribe the | ||
eligibility requirements
and, in his or her discretion, shall | ||
approve and prescribe stickers or decals
as provided under | ||
Section 3-412.
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(c) (Blank).
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(d) The Korean War Memorial Construction Fund is created as | ||
a special fund
in the State treasury. All moneys in the Korean | ||
War Memorial Construction Fund
shall, subject to | ||
appropriation, be used by the Department of Veterans' Veteran | ||
Affairs
to provide grants for construction of the Korean War | ||
Memorial to be located at
Oak Ridge Cemetery in Springfield, | ||
Illinois. Upon the completion of the
Memorial, the Department | ||
of Veterans' Veteran Affairs shall certify to the State
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Treasurer that the construction of the Memorial has been | ||
completed. Upon the
certification by the Department of | ||
Veterans' Veteran Affairs, the State Treasurer shall
transfer | ||
all moneys in the Fund and any future deposits into the Fund | ||
into the
Secretary of State Special License Plate
Fund.
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(e) An individual who has been issued Korean War Veteran | ||
license plates
for a vehicle
and who has been approved for |
benefits under the Senior Citizens and Persons with | ||
Disabilities Property Tax Relief Act shall pay
the original | ||
issuance and the regular annual fee for the registration of the
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vehicle as provided in Section 3-806.3 of this Code.
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(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15; | ||
99-642, eff. 7-28-16.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2018.
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