Public Act 102-0732
 
HB5184 EnrolledLRB102 23259 KTG 32424 b


  
    AN ACT concerning veterans. 
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
 
    Section 5. The Counties Code is amended  by changing 
Section 5-2006 as follows:
 



    (55 ILCS 5/5-2006)  (from Ch. 34, par. 5-2006)



    Sec. 5-2006. Tax for Veterans Assistance Commission 
veterans assistance commission.  The county
board of each 
county having a population of less than 3 million in which

there is a Veterans Assistance Commission as provided in 
Section 9 of  the
Military Veterans Assistance Act may levy a 
tax of not to exceed .03% of
the assessed value annually on all 
taxable property of the county, for the
purpose of providing 
assistance to military veterans and their families
pursuant to 
such Act. Whenever not less than 10% of the electors of the

county petition the county board to levy the tax at not to 
exceed .04% of
the assessed value, the county board shall 
certify the proposition to the
proper election officials who 
shall submit the proposition at the next
general election in 
accordance with the general election law. If a majority
of the 
electors vote in favor of the proposition, the county board 
may,
annually, levy the tax as authorized. The proceeds of any 
tax so levied
shall be used exclusively for the assistance 
purposes authorized
thereunder, and a portion thereof may be 
expended for the salaries or
expenses of any officers or 
employees of the Veterans Assistance Commission
or for any 
other expenses incident to the administration of such 
assistance.

    The tax shall be separate from all other taxes which the

county is authorized to in addition to all other taxes which 
the county is
authorized to levy on the aggregate valuation of 
the property within the
county and shall not be included in any 
tax limitation of the rate upon
which taxes are required to be 
extended, but shall be excluded therefrom
and in addition 
thereto. The tax shall be levied and collected in like
manner 
as the general taxes of the county, and, when collected, shall 
be
paid into a special fund in the county treasury and used 
only as herein
authorized, or disbursed from the county 
treasury of a county in which a properly organized Veterans 
Assistance Commission is authorized under Section 3-11008 of 
this Code.

    The limitations on tax rates herein provided may be 
increased or decreased
under the referendum provisions of the 
General Revenue Law of Illinois.

    If a county has levied the tax herein authorized or 
otherwise meets the
conditions set out in Section 12-21.13 of 
"the Illinois Public Aid Code",
to qualify for State funds to 
supplement local funds for public purposes
under Articles III, 
IV, V, VI, and IX VII of that Code and otherwise meets the 
conditions
set out in Article XII of that Code for receipt of 
State aid, the Illinois
Department of Human Services shall 
allocate and pay to the
county such
additional sums as it 
determines to be necessary to meet the needs of
assistance to 
military veterans and their families in the county and

expenses incident to the administration of such assistance. In 
counties where a Veterans Assistance Commission has been 
properly
created, those County Veterans Assistance Commissions 
shall be in charge of the administration of such assistance  
provided under the Illinois Public Aid Code for military 
veterans and their families. 

(Source: P.A. 89-507, eff. 7-1-97.)

 
    Section 10. The Illinois Public Aid Code is amended  by 
changing Section 2-14 as follows:
 



    (305 ILCS 5/2-14)  (from Ch. 23, par. 2-14)



    Sec. 2-14. "Local governmental unit". Every county, city, 
village,
incorporated town or township charged with the duty 
of providing public
aid under Article VI; and County Veterans 
Assistance Commissions
providing general assistance to 
indigent war veterans and their families
under Section 
12-21.13 of Article XII.

    However, should any Section of this Code impose the 
obligation of
providing medical assistance to persons who are 
non-residents of the
State of Illinois upon a local 
governmental unit, the term "local
governmental unit" shall 
not include townships.  In such case the
obligation for 
providing medical assistance to non-residents which would

otherwise be the duty of a township shall become the 
obligation of the
 Department of Healthcare and Family 
Services.

(Source: P.A. 95-331, eff. 8-21-07.)

 
    Section 15. The Military Veterans Assistance Act is 
amended  by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 
as follows:
 



    (330 ILCS 45/1)  (from Ch. 23, par. 3081)



    Sec. 1. Definitions.   As used in this Act:
    "Veteran service organization" means a post, ship, camp, 
chapter, or
detachment of a congressionally chartered or state 
chartered organization. 
    The term "Administrator Overseer of military veterans 
assistance" means the commanders of the various  veteran 
service organizations, the superintendent of a County Veterans 
Assistance Commission, or other , as used in
this Act,  shall be 
construed to mean all persons whose duty it is, under
the 
existing statutes, to care for, relieve or maintain, wholly or 
in part,
any person who may be entitled to such assistance 
under the statutes of the
State of Illinois. This Act shall not 
infringe upon the mandated powers and
authorities vested in 
the Illinois Department of Veterans' Affairs.

(Source: P.A. 87-796.)

 



    (330 ILCS 45/2)  (from Ch. 23, par. 3082)



    Sec. 2. 
For the just, necessary, and needed assistance and 
services assistance of military veterans, who served in the 
Armed
Forces of the United States and whose last discharge 
from the service was
honorable or general under honorable 
conditions , whose last discharge from the service was

honorable to be eligible for assistance, their families, and 
the families
of deceased veterans with service as described in 
this Section who need
assistance and services.
        (1) The supervisor of general assistance or the county 
    board shall
provide such sums of money as may be just and 
    necessary to be drawn by the
commander, quartermaster or 
    commandant of any post, ship, camp, chapter or
detachment 
    of any congressionally chartered or state chartered 
    veterans
service organization, in the city or town, or the 
    superintendent of any Veterans'
Assistance Commission of 
    the county, upon the recommendation of the
assistance 
    committee of that veterans service organization or the 
    post, ship, camp, chapter or Veterans'
Assistance 
    Commission.
            (A) Funding for Veterans Assistance Commissions 
        may be derived from 3 sources, if applicable: 
                (i) a tax levied under Section 5-2006 of the 
            Counties Code and Section 12-21.13 of the Illinois 
            Public Aid Code;
                (ii)  funds from the county general corporate 
            fund; and
                (iii) State funds from the Department of Human 
            Services. 
            (B) The minimum amount to be provided annually to 
        Veterans Assistance Commissions is provided in Section 
        12-21.13 of the Illinois Public Aid Code, unless the 
        delegates of the County Veterans Assistance Commission 
        determine that a lesser amount covers the  just and 
        necessary sums. 
        (2)  If any supervisor of general assistance or county

    board fails or refuses after such recommendation to 
    provide any just and
necessary sums of money for such 
    assistance, then the veteran service organization 
    commander, post,
chapter, or detachment or the 
    superintendent of any Veterans' Assistance
Commission 
    located in the district of such supervisor of general 
    assistance
or such county board shall apply to the circuit 
    court of the district or
county for relief by mandamus 
    upon the supervisor of general assistance or
county board 
    requiring him, her or it to pay, or to appropriate and pay

    such sums of money, and upon proof made of the justice and 
    necessity of the
claim, the circuit court shall grant the 
    sums so requested such assistance. 
        (3) Such sums of money
shall be drawn in the manner now 
    provided under Section 5-2006 of the Counties Code and 
    Section 12-21.13 of the Illinois Public Aid Code by law 
    for the assistance of the
poor.  Orders of commanders, 
    quartermasters, commandants, or superintendents
of those 
    veterans
service organizations or those Veterans' 
    Assistance Commissions shall be proper warrants vouchers 
    for the
expenditure of such sums of money.

(Source: P.A. 87-796.)

 



    (330 ILCS 45/3)  (from Ch. 23, par. 3083)



    Sec. 3. 
In case there is no veteran service post or camp of 
a military veterans
organization, in any town in which it is 
necessary that such assistance
as provided in Section 2 should 
be granted, the administrator overseer of
military veterans 
assistance shall accept and pay the orders
drawn, as 
hereinbefore provided by the commander, quartermaster
or 
commandant of any veteran service organization post or camp of 
a military veterans organization,
upon the recommendation of 
an assistance committee, who shall
be residents of the said 
town in which the assistance may be
furnished.

(Source: P.A. 87-796.)

 



    (330 ILCS 45/4)  (from Ch. 23, par. 3084)



    Sec. 4. 
Upon the taking effect of this Act, the commander 
of any veteran service organization or any properly created 
Veterans
Assistance Commission post or
camp of a military 
veterans organization, which shall undertake the
assistance of 
military veterans and their families, as hereinbefore

provided, before the acts of the commander, quartermaster, or 
commandant
shall be operative in any city or town, shall file 
with the city clerk of
such city or town clerk of such town, or 
administrator overseer of military veterans
assistance of such 
town or county, a notice that said veteran service 
organization or Veterans Assistance Commission post, camp, 
chapter
or detachment intends to undertake such assistance as 
is provided by this
Act, and such notice shall contain the 
names of the assistance committee of
the veteran service 
organization or Veterans Assistance Commission post, camp, 
chapter or detachment in such city or town, and the
commander 
and other officers of said veteran service organization or 
Veterans Assistance Commission post, camp, chapter or 
detachment.
And the commander of the veteran service 
organization or Veterans Assistance Commission post, camp, 
chapter or detachment shall annually
thereafter, during the 
month of October, file a similar notice with the
city or town 
clerk, or the administrator overseer of military veterans 
assistance, also a
detailed statement of the amount of 
assistance furnished during the
preceding year, with the names 
of all persons to whom such assistance shall
have been 
furnished, together with a brief statement in such case from 
the
assistance committee upon whose recommendation the orders 
were drawn.  Any
person who fails or neglects so to do at the 
time required by this Act
shall be guilty of a petty offense 
and fined $250 to be recovered in the
name of the county in the 
circuit court.

(Source: P.A. 87-796.)

 



    (330 ILCS 45/5)  (from Ch. 23, par. 3085)



    Sec. 5. 
The auditing board of any city or town or county 
auditor, or the administrator overseer of
military veterans 
assistance of any city, town, or county, may require of
the 
commander, quartermaster, or
commandant of any veteran service 
organization, or superintendent of any properly organized 
Veterans Assistance Commission or detachment of any post or 
camp of a
military veterans organization, undertaking such 
assistance in any city or
town, a bond with sufficient and 
satisfactory sureties for the faithful and
honest discharge of 
their duties under this Act.

(Source: P.A. 87-796.)

 



    (330 ILCS 45/6)  (from Ch. 23, par. 3086)



    Sec. 6. 
Overseers of military veterans assistance are 
hereby prohibited
from sending military veterans (or their 
families or the families of those
deceased) to any almshouse 
(or orphan asylum) without the full concurrence
and consent of 
the commander and assistance committee of the post or camp
of a 
military veterans organization having jurisdiction as provided 
in
Sections 2 and 3 of this Act. Military veterans with 
families and the
families of deceased veterans, shall, 
whenever practicable, be provided for
and assisted at their 
homes in such city or town in which they shall have a

residence, in the manner provided in Sections 2 and 3 of this 
Act. Needy veterans or veterans with disabilities of the 
classes specified in Section 2 of this Act, who
are not 
mentally ill, and who have no families or friends with which 
they
may be domiciled, may be sent to any veterans home. Any 
less fortunate
veteran of either of the classes specified in 
Section 2 of this Act or any
member of the family of any living 
or deceased veteran of said classes, who
may be mentally ill, 
shall, upon the recommendation of the commander
and assistance 
committee of such post or camp of a military veterans

organization, within the jurisdiction of which the case may 
occur, be sent
to any mental health facility and cared for as 
provided for indigent
persons who are mentally ill.

(Source: P.A. 99-143, eff. 7-27-15.)

 



    (330 ILCS 45/7)  (from Ch. 23, par. 3087)



    Sec. 7. 
In case there shall be within the limits of any 
city or town
more than one veteran service organization post 
or camp of military veterans organizations, it shall be
the 
duty of the commander, quartermaster, or commandant of each 
veteran service organization post, camp, chapter or detachment 
within
such limits, to send to the commander, quartermaster, 
or commandant of every other veteran service organization 
post, camp, chapter or
detachment, as the case may be, within 
said limits, on the first day of
each month, a written list of 
the names of all persons to whom assistance
has been granted 
during the preceding month, under the provisions of this Act.

(Source: P.A. 87-796.)

 



    (330 ILCS 45/8)  (from Ch. 23, par. 3088)



    Sec. 8. 
The commander, quartermaster, or commandant of any 
veteran service organization post or camp of a military 
veterans
organization, congressionally chartered or state 
chartered
commander, or the superintendent of any county 
Veterans' Assistance
Commission of Illinois shall annually 
report to the Governor, on or before
the first day of January 
of each year, such portions of the transactions of
the 
aforementioned veteran service organization or Veterans 
Assistance Commission veterans' organizations relating thereto 
as the commander or superintendent  he
may deem to be of 
interest to that organization and the people of the State.

(Source: P.A. 87-796.)

 



    (330 ILCS 45/9)  (from Ch. 23, par. 3089)



    Sec. 9. Veterans Assistance Commission. 
    (a) In counties having 2 or more veteran service 
organizations posts, camps, chapters or detachments
of 
military veterans organizations as may be recognized by law, 
the veteran service organizations may come together to form a , 
a central
assistance committee may be organized to be known as 
the Veterans
Assistance Commission of such county. The 
Veterans Assistance Commission of such county may act as the 
central service office for all veterans and their families and 
for the families of deceased veterans. The Commission shall be 
, composed of delegates and alternates from a majority of such 
veteran service organizations posts, camps, units, and 
chapters or ship
selected annually as determined by each 
veteran service organization post, ship, camp, or
chapter. 
When so organized a Commission commission shall be clothed 
with all the
powers and charged with all the duties 
theretofore devolving upon the
different veteran service 
organizations within the county posts and chapters as provided 
in Section 2.

        (1) Every Beginning on January 1, 2017, and every 
    January 1 thereafter, all Veterans Assistance Commissions 
    shall publish a notice to each veteran service 
    organization post, camp, unit, chapter, ship, or 
    detachment of a military veterans organization within 
    their respective county calling on them to select 
    delegates and alternates for that county's Veterans 
    Assistance Commission by the methods provided in this 
    subsection. The Veterans Assistance Commissions shall 
    allow each veteran service organization until March 1 to 
    respond, at which time those delegates and alternates 
    shall begin their term of office post, camp, unit, 
    chapter, ship, or detachment of a military veterans 
    organization 60 days to respond.
        (2) Except as provided in paragraph (3), veteran 
    service organizations posts, camps, units, chapters, 
    ships, or detachments of a military veterans organization 
    shall be permitted to select one delegate and one 
    alternate.
        (3) In counties with 5 or more of the same veteran 
    service organizations posts, camps, units, chapters, 
    ships, or detachments of the same military veterans 
    organization, all the constituent veteran service 
    organizations posts, camps, units, chapters, ships, or 
    detachments of such military organizations shall be 
    permitted to select a single delegate and single alternate 
    to represent that veteran service organization military 
    veterans organization instead of each constituent veteran 
    service organization post, camp, unit, chapter, ship, or 
    detachment selecting one delegate and one alternate. For 
    the purposes of meeting the majority requirement of this 
    subsection, when the constituent groups of a veteran 
    service organization military veterans organization choose 
    to select a single delegate and single alternate, the 
    single delegate and single alternate shall represent the 
    aggregate percentage of the constituent groups.
        (4) If a veteran service organization post, camp, 
    unit, chapter, ship, or detachment of a military veterans 
    organization serves more than one county, then it shall be 
    permitted to select one delegate and one alternate for the 
    Veterans Assistance Commission in each county in which at 
    least 25% of its members reside. 
    (b) The Commission superintendent and the president or 
chairman of the
county board, or some other county officer 
appointed by him, shall have
general oversight of the 
distribution of all moneys and supplies
appropriated by the 
county for the benefit of military veterans and
their 
families, subject to such rules, regulations, administrative

procedures or audit reviews as are necessary as approved by 
the Commission county
board to carry out the spirit and intent 
of this Act. No warrant authorized
under this Act may be issued 
for the payment of money without the
presentation of an 
itemized statement or claim, approved by the
superintendent of 
the Commission.

    If general assistance funds are allocated to a county for 
assistance to
military veterans and their families as provided 
in the Illinois
Public Aid Code, the administration of such 
funds and of county tax funds
levied for such purpose as 
provided in Section 5-2006 of the Counties Code
shall be 
subject to the supervision of the Department of Human
Services 
in accordance with the provisions of the Illinois Public Aid 
Code.
    (c) The Veterans Assistance Commission shall be in charge 
of the administration of any benefits provided under Articles 
VI and IX of the Illinois Public Aid Code for military veterans 
and their families.  The Veterans Assistance Commission shall 
represent veterans in their application for benefits through 
State and federal agencies, including representing veterans in 
their appeals of adverse decisions. The
superintendent of the 
Veterans Assistance Commission and its employees must comply 
with the
procedures and regulations adopted by the Veterans 
Assistance Commission
and the regulations of the Department of 
Human Services. To further
the intent of this Act of assisting 
military veterans, this Act is to be
construed so that the 
Veterans Assistance Commission shall provide needed
services 
to eligible veterans.

(Source: P.A. 102-484, eff. 8-20-21.)

 



    (330 ILCS 45/10)  (from Ch. 23, par. 3090)



    Sec. 10. 
The executive powers of the Commission commission 
shall be vested in a
superintendent elected by the Commission 
who received an honorable discharge from commission from among 
those who served in
the armed forces of the United States. The 
superintendent,
designated superintendent of the Veterans 
Assistance Commission Superintendent of Veterans Assistance of 
the county, shall,
under the direction of the Commission 
commission, have charge of and maintain an
office in the 
county building or a other central location within the county, 
to be used solely
by the Commission commission for providing 
the just, necessary, and needed services mandated by law 
carrying on its assistance work. The county shall
provide for 
the funding of the office and furnish all necessary supplies, 
including telephone,
printing, stationery, and postage 
therefor.

    The county board shall, in any county where a Veterans 
Assistance
Commission is organized, in addition to sums 
appropriated for these just, necessary, and needed services as 
provided by law and approved by the Commission assistance and

emergency assistance purposes under this Act, appropriate such 
additional
sums, upon recommendation of the Veterans 
Assistance Commission and as
approved by the county board, to 
properly compensate the officers and
employees required to 
administer such assistance.  Such county board
approval shall 
be based upon recognized and established salary guidelines

developed by the county and used by the county to compensate 
county
employees.  If the county does not have established 
employee salary
guidelines, the county board shall provide 
funds to the commission to
compensate the superintendent and 
his employees in a just manner.  The
county board shall also 
provide funds to the Commission commission to reimburse the

superintendent, officers, delegates and employees for certain 
expenses
which are approved by the Commission commission.  The 
superintendent and other
employees shall be employees of the 
Veterans Assistance Commission, and no
provision in this 
Section or elsewhere in this Act shall be construed to
mean 
that they are employees of the county.

    Superintendents, subject to rules formulated by the 
Commission commission, shall select,
as far as possible, 
Veteran Service Officers secretaries and other employees from 
among honorably
discharged military veterans who did not 
receive a bad conduct or dishonorable discharge as defined in 
Section 2, or their surviving
spouses.

    In a county with less than 2,000,000 inhabitants, the 
superintendent may, in conformance with subsection (f) of 
Section 3-9005 of the Counties Code, request legal assistance 
from the State's Attorney serving the county in which the 
Veterans Assistance Commission is located. 
    Superintendents of all counties subject to this Act, when 
required by the Commission,
commission, shall give bond in the 
sum of $2,000 for the faithful performance
of their duties.

    All persons elected or selected to fill positions provided 
for in this
Section shall be exempt from the operation and 
provisions of any civil service
act or laws of this State, and 
the secretary of the Commission commission shall be
appointed 
by the superintendent. However, if "The Illinois Public Aid 
Code",
as amended, becomes applicable in any county, the 
Department of
Human Services may exercise the powers therein 
designated in relation to
employees
engaged in the 
administration of assistance under this Act.

(Source: P.A. 102-56, eff. 7-9-21.)



 
    (330 ILCS 45/11 rep.)
    Section 20. The Military Veterans Assistance Act is 
amended by repealing Section 11.