Public Act 100-0010
 
HB2973 EnrolledLRB100 10301 MJP 20490 b


  
    AN ACT concerning military affairs.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Department of Veterans Affairs Act is 
amended  by changing Sections 15, 20, and 37 as follows:
 
    (20 ILCS 2805/15)
    Sec. 15. Veterans advisory council.
    (a) A veterans advisory council shall be established in the 
State of Illinois.  The council shall consist of at least 21 
members as follows:
        (1)  Four members of the General Assembly, appointed one 
    each by the President of the Senate, the Minority Leader of 
    the Senate, the Speaker of the House of Representatives, 
    and the Minority Leader of the House of Representatives, 
    preferably from a legislative or representative district 
    in which a State-operated veterans home is located.
        (2)  Six veterans appointed by the Director of Veterans' 
    Affairs.
        (3)  One veteran appointed by the commander or president 
    of each veterans service organization that is chartered by 
    the federal government and by the State of Illinois and 
    elects to appoint a member.
        (4) One person appointed by the Adjutant General of the 
    Illinois National Guard. 
        (5) One person appointed by the Illinois Attorney 
    General. 
        (6) One person appointed by the Illinois Secretary of 
    State. 
        (7) One person appointed by the Director of the 
    Illinois Department of Employment Security. 
        (8) One person appointed by each military family 
    organization that is chartered by the federal government. 
    No member of the council shall be an employee or 
representative of the Department of Veterans' Affairs.
    Members of the council shall serve without compensation or 
reimbursement.
    (b) At the initial meeting of the council, the members 
shall elect from among themselves a chairman.  The members shall 
draw lots to determine the length of their terms so that 9 
members have terms that expire on July 1, 2005 and the 
remaining members have terms that expire on July 1, 2006.  
Thereafter, all members of the council shall be appointed for 
terms of 2 years.
    The appointing authority may at any time make an 
appointment to fill a vacancy for the unexpired term of a 
member.
    (c) The council shall meet quarterly or at the call of the 
chairman or at the call of the Director of Veterans' Affairs or 
the Governor.  The Department shall provide meeting space and 
clerical and administrative support services for the council.
    (c-5) The council 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 council finds relevant to 
the re-entry process. By July 1, 2018 and by July 1 of each 
year thereafter, the council 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. 
The council's investigation and annual report responsibilities 
of this subsection shall be a continuation of the investigation 
and annual report responsibilities of the Illinois Discharged 
Servicemembers Task Force created under Section 20 of this Act. 
    (d) The council has the power to do the following:

        (1) Advise the Department of Veterans' Affairs with 
    respect to the fulfillment of its statutory duties.
        (2) Review and study the issues and concerns that are 
    most significant to Illinois veterans and advise the 
    Department on those issues and concerns.
        (3) Receive a report from the Director of Veterans' 
    Affairs or the Director's designee at each meeting with 
    respect to the general activities of the Department.
        (4) Report to the Governor and the General Assembly 
    annually describing the issues addressed and the actions 
    taken by the council during the year as well as any 
    recommendations for future action.
    (e) The council established under this Section replaces any 
Illinois Veterans Advisory Council established under Executive 
Order No. 3 (1982).


(Source: P.A. 96-1266, eff. 7-26-10.)
 
    (20 ILCS 2805/20)

    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;

        (b) a representative from the Department of Military 
    Affairs;

        (c) a representative from the Office of the Illinois 
    Attorney General;

        (d) a member of the General Assembly appointed by the 
    Speaker of the House;

        (e) a member of the General Assembly appointed by the 
    House Minority Leader;

        (f) a member of the General Assembly appointed by the 
    President of the Senate;

        (g) a member of the General Assembly appointed by the 
    Senate Minority Leader;

        (h) 4 members chosen by the Department of Veterans' 
    Veterans Affairs, who shall represent statewide veterans' 
    organizations or  veterans' homeless shelters;

        (i) one member appointed by the Lieutenant Governor; 
    and

        (j) a representative of the United States Department of 
    Veterans Affairs shall be invited to participate.

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.

    By July 1, 2008 and by July 1 of each year thereafter 
through July 1, 2017, 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. As soon as is practicable after the Task Force 
presents its final report due by July 1, 2017, any information 
collected by the Task Force in carrying out its duties under 
this Section shall be transferred to the Illinois Veterans' 
Advisory Council.

    The Task Force is dissolved, and this Section is repealed, 
on July 1, 2018. 
    If the Task Force becomes inactive because active theaters 
cease, the Director of Veterans Affairs may reactivate the Task 
Force if active theaters are reestablished.


(Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13; 
revised 9-8-16.)
 
    (20 ILCS 2805/37)
    Sec. 37. Illinois Joining Forces Foundation.
    (a) The General Assembly finds that navigating the "sea of 
goodwill" for those who serve in uniform is one of the greatest 
challenges that transitioning veterans face; as a result, they 
risk being unable to access many of the federal, State, and 
non-profit resources available to them.   Recognizing this 
problem, the Department of Veterans' Affairs and the Department 
of Military Affairs acted to establish the Illinois Joining 
Forces initiative, a public-private network of military and 
veteran-serving organizations that are working together, in 
person and online, to create a no-wrong-door system of support 
for the State's military and veteran communities.  Illinois 
Joining Forces is a nation-leading model, awarded by the U.S. 
Department of Veterans Affairs and the National Association of 
State Directors of Veterans Affairs for its groundbreaking work 
in creating smarter, collaborative community support for those 
in uniform, past and present.  The foundation created by this 
amendatory Act of the 98th General Assembly will serve to 
ensure the long-term sustainability of Illinois Joining 
Forces, which is critically important for the support of the 
State's military and veteran communities.
    (b) The Illinois Joining Forces Foundation shall benefit 
service members, veterans, and their families by:
        (1) convening military and veteran support 
    organizations, through Illinois Joining Forces working 
    groups, to build cross-sector relationships and mutual 
    awareness;
        (2) providing policy recommendations through Illinois 
    Joining Forces member working groups to the Illinois 
    Discharged Servicemember Task Force and the Illinois 
    Veterans' Advisory Council;
        (3) facilitating the transfer of information and 
    knowledge among Illinois Joining Forces member 
    organizations;
        (4) maintaining and continuing to build the 
    no-wrong-door online navigation platform;
        (5) educating Illinois Joining Forces members and 
    other community providers regarding military and veteran 
    culture and needs, thus improving the collective capacity 
    of the support system; and
        (6) outreaching directly to service members, veterans, 
    and their families regarding the no-wrong-door system that 
    Illinois Joining Forces provides to them.
    (c) For the purpose of this Section,
"veterans service 
organization" means an organization that meets all of the 
following criteria:
        (1) The organization is formed by and for United States 
    military
    veterans.
        (2) The organization is chartered by the United States 
    Congress and
    incorporated in the State of Illinois.
        (3) The organization has maintained a State 
    headquarters office in
    Illinois for the 10-year period 
    immediately preceding the effective date of this 
    amendatory Act of the 98th General Assembly.
        (4) The organization maintains at least one office in 
    this State,
    staffed by a veterans service officer.
        (5) The organization is capable of preparing a power of 
    attorney
    for a veteran and processing claims for veterans 
    services.
        (6) The organization is not funded by the State of 
    Illinois or by
    any county in this State. 
    (d) The General Assembly authorizes the Department of 
Veterans' Affairs, in accordance with Section 10 of the State 
Agency Entity Creation Act, to create the Illinois Joining 
Forces Foundation as a not-for-profit foundation. The 
Department shall file articles of incorporation as required 
under the General Not For Profit Corporation Act of 1986 to 
create the Foundation. The Foundation's Board of Directors 
shall be appointed as follows: one member appointed by the 
Governor; one member appointed by the President of the Senate; 
one member appointed by the Minority Leader of the Senate; one 
member appointed by the Speaker of the House of 
Representatives; one member appointed by the Minority Leader of 
the House of Representatives; and all of the members of the 
Illinois Joining Forces Executive Committee, who shall be 
appointed by the Director of Veterans' Affairs. In addition to 
any veterans service organization otherwise represented on the 
Board of Directors, a veterans service organization may 
designate in writing an ex officio, non-voting participant to 
the Board of Directors.  Any veterans service organization 
appointee under this Section does not count towards a quorum.  
The Director of Veterans' Affairs and a designee chosen by the 
Director of Military Affairs who is a senior management 
official of the Department of Military Affairs with the 
authority to make decisions on behalf of the agency shall serve 
as members of the Foundation's Board of Directors. Board of 
Director appointments shall be for 2-year terms. Vacancies 
shall be filled by the official who made the recommendation for 
the vacated appointment. No member of the Board of Directors 
may receive compensation for his or her services to the 
Foundation. Upon appointment, the Board of Directors, as 
members of a public entity, shall be represented and 
indemnified pursuant to the requirements of the State Employee 
Indemnification Act.  
    (e) The purposes of the Foundation are to: promote, 
support, assist, and sustain Illinois Joining Forces 
operations; solicit and accept grants and private donations and 
disburse them for the stated intent of the Foundation or the 
private donor; solicit and generate public and private funding 
and donations that assist in enhancing the Illinois Joining 
Forces mission, services, programs, and operations; and engage 
generally in other lawful endeavors consistent with the 
foregoing purposes. The foundation shall operate within the 
provisions of the General Not For Profit Corporation Act of 
1986.
    (f) As soon as practicable after the Foundation is created, 
the Board of Directors shall meet, organize, and designate, by 
majority vote, a chairperson, a treasurer, a secretary, and any 
additional officers that may be needed to carry out the 
activities of the Foundation and shall adopt bylaws of the 
Foundation. The Department of Veterans' Affairs, in 
consultation with the Department of Military Affairs, may adopt 
other rules deemed necessary to govern Foundation procedures. 
    (g) The Foundation may request and accept gifts, grants, 
donations, or bequests from the federal government or its 
agencies or officers or from any person, firm, or corporation, 
and may expend receipts on activities that it considers 
suitable to the performance of its duties under this Section 
and consistent with any requirement of the grant, gift, 
donation, or bequest. Funds collected by the Foundation shall 
be considered private funds and shall be held in an appropriate 
account outside of the State treasury. Private funds collected 
by the Foundation are not subject to the Public Funds 
Investment Act. The treasurer of the Foundation shall be the 
custodian of all Foundation funds. The treasurer shall be 
required to obtain a fidelity or surety bond on satisfactory 
terms and in sufficient amounts to protect the interests of the 
Foundation, the cost of which shall be reimbursed by the 
Foundation. The Foundation and its officers shall be 
responsible for the approval of the recording of receipts, 
approval of payments, and the proper filing of required 
reports. The Foundation may be assisted in carrying out its 
functions by Department of Military Affairs and Department of 
Veterans' Affairs personnel. The Department of Military 
Affairs and the Department of Veterans' Affairs shall provide 
reasonable assistance to the Foundation to achieve the purposes 
of the Foundation as determined by the respective Directors. 
The Foundation shall cooperate fully with the boards, 
commissions, agencies, departments, and institutions of the 
State. The funds held and made available by the Illinois 
Joining Forces Foundation shall be subject to financial and 
compliance audits in accordance with the Illinois State 
Auditing Act. The Foundation shall not have any power of 
eminent domain. The Foundation shall not construct or make any 
permanent improvements to any real property.
    (h)  The Foundation must provide a written notice to any 
entity providing a gift, grant, donation, or bequest to the 
Foundation that the Foundation is not subject to the provisions 
of the Public Funds Investment Act, which Act places 
limitations on the types of securities in which a public agency 
may invest public funds.


    (i) Notwithstanding any law to the contrary, the Foundation 
is not eligible for any grant administered or funded by the 
Department of Veterans' Affairs or the Department of Military 
Affairs. 

(Source: P.A. 98-986, eff. 8-18-14.)
 
    Section 10. The Board of Higher Education Act is amended  by 
changing Section 9.34 as follows:
 
    (110 ILCS 205/9.34)
    (Section scheduled to be repealed on December 1, 2017)
    Sec. 9.34. Military Prior Learning Assessment Task Force.
    (a)  The Military Prior Learning Assessment Task Force is 
created within the Board of Higher Education.  The Task Force 
shall study and make recommendations on how to best effectuate 
the recognition of military learning for academic credit, 
industry-recognized credentials, and college degrees through 
the use of the Prior Learning Assessment.  The Task Force shall 
be comprised of all of  the following members:
        (1)  A representative from the Board of Higher 
    Education, who shall chair the Task Force, appointed by the 
    Board of Higher Education.
        (2)  A representative from the Illinois Community 
    College Board appointed by the Illinois Community College 
    Board.
        (3)  A representative from the Department of Veterans' 
    Affairs appointed by the Director of Veterans' Affairs.
        (4) (Blank).  A representative from the Illinois 
    Discharged Servicemember Task Force appointed by the 
    Illinois Discharged Servicemember Task Force.
        (5) A representative from the Illinois Student 
    Assistance Commission appointed by the Illinois Student 
    Assistance Commission.
        (6)  A member of the General Assembly appointed by the 
    Speaker of the House of Representatives.
        (7)  A member of the General Assembly appointed by the 
    Minority Leader of the House of Representatives.
        (8)  A member of the General Assembly appointed by the 
    President of the Senate.
        (9)  A member of the General Assembly appointed by the 
    Minority Leader of the Senate.
        (10)  Three faculty representatives, one from a public 
    university, one from a public community college, and one 
    from a private institution, appointed by the Board of 
    Higher Education in consultation with the Illinois 
    Community College Board and their advisory groups.
        (11)  Two presidents of Illinois colleges and 
    universities appointed by the Board of Higher Education in 
    consultation with the Illinois Community College Board.
        (12)  A representative from the Illinois Joining Forces 
    Education Working Group appointed by the Illinois Joining 
    Forces Education Working Group.
        (13)  A representative of a nonprofit organization that 
    is recognized as having expertise in the area of the Prior 
    Learning Assessment appointed by the Board of Higher 
    Education.
        (14) A representative from the Office of the State Fire 
    Marshal appointed by the State Fire Marshal. 
    Members of the Task Force shall serve without compensation 
and may not be reimbursed for their expenses.
    The Board of Higher Education shall provide administrative 
and other support to the Task Force.
    (b)  The Task Force's study shall without limitation:
        (1)  Examine the history of the Prior Learning 
    Assessment and its impact on active military and student 
    veterans in today's educational landscape.
        (2)  Examine policies and practices in other states to 
    identify best practices in the Prior Learning Assessment 
    for active military and student veterans.
        (3)  Determine current policies and practices in this 
    State, including existing Prior Learning Assessment 
    methods being utilized among this State's public and 
    private colleges and universities in connection with 
    active military and student veterans.
        (4) Review the quality standards necessary to 
    adequately assess military learning based on experience 
    and non-credit education and training for purposes of 
    awarding academic credit.
        (5)  Consider alternative means to award academic 
    credit for active military and student veterans.
        (6)  Consider transferability of academic credit 
    awarded by the Prior Learning Assessment and student 
    mobility.
        (7)  Consider the importance of recognition of 
    industry-recognized credentials by colleges and 
    universities for the purpose of awarding academic credit.
        (8)  Consider the acceptance of industry-recognized 
    credentials and academic credit credentials or degrees by 
    licensing bodies. 
    (c)  The Task Force shall report its findings and 
recommendations to the Board of Higher Education, the Illinois 
Community College Board, the Illinois Student Assistance 
Commission, the State Board of Education, the Department of 
Veterans' Affairs, the Illinois Discharged Servicemember Task 
Force, the General Assembly, and the Governor on or before 
December 1, 2016.
    (d)  This Section is repealed on December 1, 2017. 

(Source: P.A. 99-395, eff. 8-18-15.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.