Section 118.5  General Purpose

 

The intent of these rules is to comply with :  "AN ACT to exempt resident disabled veterans from admission and camping fees in parks under the jurisdiction of the Department of Conservation" (Ill. Rev. Stat. 1985, ch. 126½, par. 70) (ACT)

 

Section 118.10  Definitions of Terms Used

 

Resident.  Residency as defined by the Illinois Supreme Court shall govern this ACT as follows:  "Residency ordinarily means that a person has his home in a particular place.  This involves the question of intent with which he is staying in that place.  If a person goes to a place with the intention of remaining for a limited time, although in point of fact he may remain for a year or more, still does not constitute him a resident.  It is his intent accompanied by his acts, and not the lapse of time, which determines whether he is a resident of the particular place.  The word "resident" is in common usage and is generally understood to mean one having more than mere physical presence."  The factors which determine intent:  are a person is employed full time in Illinois; or a person has an Illinois voter's registration card; or a person pays Illinois property and income tax; or a person who holds public office in Illinois; or a person who holds an office in a civic organization in Illinois (e.g. Moose, Jaycees, Elks, Shriners); or the person has no mailing address outside the State of Illinois.

 

Section 118.20  Determination of Eligibility

 

a)         To establish eligibility, the disabled veteran shall present a Veterans Administration award letter, letter or statement from the Department of the Army, Air Force, Marines, Navy, or Coast Guard giving proper identification (which is veteran's full name, Social Security number, or Veterans Administration claim number or Service Serial Number), of disability status (other than Temporary Disability Retired List, TDRL) or prisoner of war status.

 

b)         To establish eligibility the former prisoner of war shall present any identification card or letter, issued by the Veterans Administration or other governmental agency, which indicates the veteran's former prisoner of war status.

 

Section 118.30  Certification, Application and Limits

 

a)         Application for the camping fee exemption certification must be made to the Department on the form furnished for this purpose and be supported by documentation as established in Section 118.20.

 

b)         The camping fee exemption certification must be notarized by a representative of the Department and must be presented at the time that an exemption from camping and admission fees is requested.

 

c)         The camping fee exemption certification is for the use of the approved veteran, and his or her immediate family when they are accompanied by the veteran.  Immediate family is the veteran's spouse, minor children (under 18), and minor grandchildren (under 18) in the camping party.  No right or claim to benefit under this ACT shall be assigned to any person other than the approved applicant.

 

d)         The entitlement to the camping fee exemption certification is permanent.  The certification form must be renewed only if the original is lost, destroyed or stolen.

 

Section 118.40  Responsibilities and Reporting Requirements

 

Permanent records of all certification forms issued will be maintained at the Central Office, Records Division, for verification by the Department of Conservation of an applicant's eligibility for the exemption.