HB2973 EngrossedLRB100 10301 MJP 20490 b

1    AN ACT concerning military affairs.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Veterans Affairs Act is
5amended by changing Sections 15, 20, and 37 as follows:
 
6    (20 ILCS 2805/15)
7    Sec. 15. Veterans advisory council.
8    (a) A veterans advisory council shall be established in the
9State of Illinois. The council shall consist of at least 21
10members as follows:
11        (1) Four members of the General Assembly, appointed one
12    each by the President of the Senate, the Minority Leader of
13    the Senate, the Speaker of the House of Representatives,
14    and the Minority Leader of the House of Representatives,
15    preferably from a legislative or representative district
16    in which a State-operated veterans home is located.
17        (2) Six veterans appointed by the Director of Veterans'
18    Affairs.
19        (3) One veteran appointed by the commander or president
20    of each veterans service organization that is chartered by
21    the federal government and by the State of Illinois and
22    elects to appoint a member.
23        (4) One person appointed by the Adjutant General of the

 

 

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1    Illinois National Guard.
2        (5) One person appointed by the Illinois Attorney
3    General.
4        (6) One person appointed by the Illinois Secretary of
5    State.
6        (7) One person appointed by the Director of the
7    Illinois Department of Employment Security.
8        (8) One person appointed by each military family
9    organization that is chartered by the federal government.
10    No member of the council shall be an employee or
11representative of the Department of Veterans' Affairs.
12    Members of the council shall serve without compensation or
13reimbursement.
14    (b) At the initial meeting of the council, the members
15shall elect from among themselves a chairman. The members shall
16draw lots to determine the length of their terms so that 9
17members have terms that expire on July 1, 2005 and the
18remaining members have terms that expire on July 1, 2006.
19Thereafter, all members of the council shall be appointed for
20terms of 2 years.
21    The appointing authority may at any time make an
22appointment to fill a vacancy for the unexpired term of a
23member.
24    (c) The council shall meet quarterly or at the call of the
25chairman or at the call of the Director of Veterans' Affairs or
26the Governor. The Department shall provide meeting space and

 

 

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1clerical and administrative support services for the council.
2    (c-5) The council shall investigate the re-entry process
3for service members who return to civilian life after being
4engaged in an active theater. The investigation shall include
5the effects of post-traumatic stress disorder, homelessness,
6disabilities, and other issues the council finds relevant to
7the re-entry process. By July 1, 2018 and by July 1 of each
8year thereafter, the council shall present an annual report of
9its findings to the Governor, the Attorney General, the
10Director of Veterans' Affairs, the Lieutenant Governor, and the
11Secretary of the United States Department of Veterans Affairs.
12The council's investigation and annual report responsibilities
13of this subsection shall be a continuation of the investigation
14and annual report responsibilities of the Illinois Discharged
15Servicemembers Task Force created under Section 20 of this Act.
16    (d) The council has the power to do the following:
17        (1) Advise the Department of Veterans' Affairs with
18    respect to the fulfillment of its statutory duties.
19        (2) Review and study the issues and concerns that are
20    most significant to Illinois veterans and advise the
21    Department on those issues and concerns.
22        (3) Receive a report from the Director of Veterans'
23    Affairs or the Director's designee at each meeting with
24    respect to the general activities of the Department.
25        (4) Report to the Governor and the General Assembly
26    annually describing the issues addressed and the actions

 

 

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1    taken by the council during the year as well as any
2    recommendations for future action.
3    (e) The council established under this Section replaces any
4Illinois Veterans Advisory Council established under Executive
5Order No. 3 (1982).
6(Source: P.A. 96-1266, eff. 7-26-10.)
 
7    (20 ILCS 2805/20)
8    Sec. 20. Illinois Discharged Servicemember Task Force. The
9Illinois Discharged Servicemember Task Force is hereby created
10within the Department of Veterans' Veterans Affairs. The Task
11Force shall investigate the re-entry process for service
12members who return to civilian life after being engaged in an
13active theater. The investigation shall include the effects of
14post-traumatic stress disorder, homelessness, disabilities,
15and other issues the Task Force finds relevant to the re-entry
16process. For fiscal year 2012, the Task Force shall include the
17availability of prosthetics in its investigation. For fiscal
18year 2014, the Task Force shall include the needs of women
19veterans with respect to issues including, but not limited to,
20compensation, rehabilitation, outreach, health care, and
21issues facing women veterans in the community, and to offer
22recommendations on how best to alleviate these needs which
23shall be included in the Task Force Annual Report for 2014. The
24Task Force shall include the following members:
25        (a) a representative of the Department of Veterans'

 

 

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1    Veterans Affairs, who shall chair the committee;
2        (b) a representative from the Department of Military
3    Affairs;
4        (c) a representative from the Office of the Illinois
5    Attorney General;
6        (d) a member of the General Assembly appointed by the
7    Speaker of the House;
8        (e) a member of the General Assembly appointed by the
9    House Minority Leader;
10        (f) a member of the General Assembly appointed by the
11    President of the Senate;
12        (g) a member of the General Assembly appointed by the
13    Senate Minority Leader;
14        (h) 4 members chosen by the Department of Veterans'
15    Veterans Affairs, who shall represent statewide veterans'
16    organizations or veterans' homeless shelters;
17        (i) one member appointed by the Lieutenant Governor;
18    and
19        (j) a representative of the United States Department of
20    Veterans Affairs shall be invited to participate.
21Vacancies in the Task Force shall be filled by the initial
22appointing authority. Task Force members shall serve without
23compensation, but may be reimbursed for necessary expenses
24incurred in performing duties associated with the Task Force.
25    By July 1, 2008 and by July 1 of each year thereafter
26through July 1, 2017, the Task Force shall present an annual

 

 

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1report of its findings to the Governor, the Attorney General,
2the Director of Veterans' Affairs, the Lieutenant Governor, and
3the Secretary of the United States Department of Veterans
4Affairs. As soon as is practicable after the Task Force
5presents its final report due by July 1, 2017, any information
6collected by the Task Force in carrying out its duties under
7this Section shall be transferred to the Illinois Veterans'
8Advisory Council.
9    The Task Force is dissolved, and this Section is repealed,
10on July 1, 2018.
11    If the Task Force becomes inactive because active theaters
12cease, the Director of Veterans Affairs may reactivate the Task
13Force if active theaters are reestablished.
14(Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13;
15revised 9-8-16.)
 
16    (20 ILCS 2805/37)
17    Sec. 37. Illinois Joining Forces Foundation.
18    (a) The General Assembly finds that navigating the "sea of
19goodwill" for those who serve in uniform is one of the greatest
20challenges that transitioning veterans face; as a result, they
21risk being unable to access many of the federal, State, and
22non-profit resources available to them. Recognizing this
23problem, the Department of Veterans' Affairs and the Department
24of Military Affairs acted to establish the Illinois Joining
25Forces initiative, a public-private network of military and

 

 

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1veteran-serving organizations that are working together, in
2person and online, to create a no-wrong-door system of support
3for the State's military and veteran communities. Illinois
4Joining Forces is a nation-leading model, awarded by the U.S.
5Department of Veterans Affairs and the National Association of
6State Directors of Veterans Affairs for its groundbreaking work
7in creating smarter, collaborative community support for those
8in uniform, past and present. The foundation created by this
9amendatory Act of the 98th General Assembly will serve to
10ensure the long-term sustainability of Illinois Joining
11Forces, which is critically important for the support of the
12State's military and veteran communities.
13    (b) The Illinois Joining Forces Foundation shall benefit
14service members, veterans, and their families by:
15        (1) convening military and veteran support
16    organizations, through Illinois Joining Forces working
17    groups, to build cross-sector relationships and mutual
18    awareness;
19        (2) providing policy recommendations through Illinois
20    Joining Forces member working groups to the Illinois
21    Discharged Servicemember Task Force and the Illinois
22    Veterans' Advisory Council;
23        (3) facilitating the transfer of information and
24    knowledge among Illinois Joining Forces member
25    organizations;
26        (4) maintaining and continuing to build the

 

 

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1    no-wrong-door online navigation platform;
2        (5) educating Illinois Joining Forces members and
3    other community providers regarding military and veteran
4    culture and needs, thus improving the collective capacity
5    of the support system; and
6        (6) outreaching directly to service members, veterans,
7    and their families regarding the no-wrong-door system that
8    Illinois Joining Forces provides to them.
9    (c) For the purpose of this Section, "veterans service
10organization" means an organization that meets all of the
11following criteria:
12        (1) The organization is formed by and for United States
13    military veterans.
14        (2) The organization is chartered by the United States
15    Congress and incorporated in the State of Illinois.
16        (3) The organization has maintained a State
17    headquarters office in Illinois for the 10-year period
18    immediately preceding the effective date of this
19    amendatory Act of the 98th General Assembly.
20        (4) The organization maintains at least one office in
21    this State, staffed by a veterans service officer.
22        (5) The organization is capable of preparing a power of
23    attorney for a veteran and processing claims for veterans
24    services.
25        (6) The organization is not funded by the State of
26    Illinois or by any county in this State.

 

 

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1    (d) The General Assembly authorizes the Department of
2Veterans' Affairs, in accordance with Section 10 of the State
3Agency Entity Creation Act, to create the Illinois Joining
4Forces Foundation as a not-for-profit foundation. The
5Department shall file articles of incorporation as required
6under the General Not For Profit Corporation Act of 1986 to
7create the Foundation. The Foundation's Board of Directors
8shall be appointed as follows: one member appointed by the
9Governor; one member appointed by the President of the Senate;
10one member appointed by the Minority Leader of the Senate; one
11member appointed by the Speaker of the House of
12Representatives; one member appointed by the Minority Leader of
13the House of Representatives; and all of the members of the
14Illinois Joining Forces Executive Committee, who shall be
15appointed by the Director of Veterans' Affairs. In addition to
16any veterans service organization otherwise represented on the
17Board of Directors, a veterans service organization may
18designate in writing an ex officio, non-voting participant to
19the Board of Directors. Any veterans service organization
20appointee under this Section does not count towards a quorum.
21The Director of Veterans' Affairs and a designee chosen by the
22Director of Military Affairs who is a senior management
23official of the Department of Military Affairs with the
24authority to make decisions on behalf of the agency shall serve
25as members of the Foundation's Board of Directors. Board of
26Director appointments shall be for 2-year terms. Vacancies

 

 

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1shall be filled by the official who made the recommendation for
2the vacated appointment. No member of the Board of Directors
3may receive compensation for his or her services to the
4Foundation. Upon appointment, the Board of Directors, as
5members of a public entity, shall be represented and
6indemnified pursuant to the requirements of the State Employee
7Indemnification Act.
8    (e) The purposes of the Foundation are to: promote,
9support, assist, and sustain Illinois Joining Forces
10operations; solicit and accept grants and private donations and
11disburse them for the stated intent of the Foundation or the
12private donor; solicit and generate public and private funding
13and donations that assist in enhancing the Illinois Joining
14Forces mission, services, programs, and operations; and engage
15generally in other lawful endeavors consistent with the
16foregoing purposes. The foundation shall operate within the
17provisions of the General Not For Profit Corporation Act of
181986.
19    (f) As soon as practicable after the Foundation is created,
20the Board of Directors shall meet, organize, and designate, by
21majority vote, a chairperson, a treasurer, a secretary, and any
22additional officers that may be needed to carry out the
23activities of the Foundation and shall adopt bylaws of the
24Foundation. The Department of Veterans' Affairs, in
25consultation with the Department of Military Affairs, may adopt
26other rules deemed necessary to govern Foundation procedures.

 

 

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1    (g) The Foundation may request and accept gifts, grants,
2donations, or bequests from the federal government or its
3agencies or officers or from any person, firm, or corporation,
4and may expend receipts on activities that it considers
5suitable to the performance of its duties under this Section
6and consistent with any requirement of the grant, gift,
7donation, or bequest. Funds collected by the Foundation shall
8be considered private funds and shall be held in an appropriate
9account outside of the State treasury. Private funds collected
10by the Foundation are not subject to the Public Funds
11Investment Act. The treasurer of the Foundation shall be the
12custodian of all Foundation funds. The treasurer shall be
13required to obtain a fidelity or surety bond on satisfactory
14terms and in sufficient amounts to protect the interests of the
15Foundation, the cost of which shall be reimbursed by the
16Foundation. The Foundation and its officers shall be
17responsible for the approval of the recording of receipts,
18approval of payments, and the proper filing of required
19reports. The Foundation may be assisted in carrying out its
20functions by Department of Military Affairs and Department of
21Veterans' Affairs personnel. The Department of Military
22Affairs and the Department of Veterans' Affairs shall provide
23reasonable assistance to the Foundation to achieve the purposes
24of the Foundation as determined by the respective Directors.
25The Foundation shall cooperate fully with the boards,
26commissions, agencies, departments, and institutions of the

 

 

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1State. The funds held and made available by the Illinois
2Joining Forces Foundation shall be subject to financial and
3compliance audits in accordance with the Illinois State
4Auditing Act. The Foundation shall not have any power of
5eminent domain. The Foundation shall not construct or make any
6permanent improvements to any real property.
7    (h) The Foundation must provide a written notice to any
8entity providing a gift, grant, donation, or bequest to the
9Foundation that the Foundation is not subject to the provisions
10of the Public Funds Investment Act, which Act places
11limitations on the types of securities in which a public agency
12may invest public funds.
13    (i) Notwithstanding any law to the contrary, the Foundation
14is not eligible for any grant administered or funded by the
15Department of Veterans' Affairs or the Department of Military
16Affairs.
17(Source: P.A. 98-986, eff. 8-18-14.)
 
18    Section 10. The Board of Higher Education Act is amended by
19changing Section 9.34 as follows:
 
20    (110 ILCS 205/9.34)
21    (Section scheduled to be repealed on December 1, 2017)
22    Sec. 9.34. Military Prior Learning Assessment Task Force.
23    (a) The Military Prior Learning Assessment Task Force is
24created within the Board of Higher Education. The Task Force

 

 

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1shall study and make recommendations on how to best effectuate
2the recognition of military learning for academic credit,
3industry-recognized credentials, and college degrees through
4the use of the Prior Learning Assessment. The Task Force shall
5be comprised of all of the following members:
6        (1) A representative from the Board of Higher
7    Education, who shall chair the Task Force, appointed by the
8    Board of Higher Education.
9        (2) A representative from the Illinois Community
10    College Board appointed by the Illinois Community College
11    Board.
12        (3) A representative from the Department of Veterans'
13    Affairs appointed by the Director of Veterans' Affairs.
14        (4) (Blank). A representative from the Illinois
15    Discharged Servicemember Task Force appointed by the
16    Illinois Discharged Servicemember Task Force.
17        (5) A representative from the Illinois Student
18    Assistance Commission appointed by the Illinois Student
19    Assistance Commission.
20        (6) A member of the General Assembly appointed by the
21    Speaker of the House of Representatives.
22        (7) A member of the General Assembly appointed by the
23    Minority Leader of the House of Representatives.
24        (8) A member of the General Assembly appointed by the
25    President of the Senate.
26        (9) A member of the General Assembly appointed by the

 

 

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1    Minority Leader of the Senate.
2        (10) Three faculty representatives, one from a public
3    university, one from a public community college, and one
4    from a private institution, appointed by the Board of
5    Higher Education in consultation with the Illinois
6    Community College Board and their advisory groups.
7        (11) Two presidents of Illinois colleges and
8    universities appointed by the Board of Higher Education in
9    consultation with the Illinois Community College Board.
10        (12) A representative from the Illinois Joining Forces
11    Education Working Group appointed by the Illinois Joining
12    Forces Education Working Group.
13        (13) A representative of a nonprofit organization that
14    is recognized as having expertise in the area of the Prior
15    Learning Assessment appointed by the Board of Higher
16    Education.
17        (14) A representative from the Office of the State Fire
18    Marshal appointed by the State Fire Marshal.
19    Members of the Task Force shall serve without compensation
20and may not be reimbursed for their expenses.
21    The Board of Higher Education shall provide administrative
22and other support to the Task Force.
23    (b) The Task Force's study shall without limitation:
24        (1) Examine the history of the Prior Learning
25    Assessment and its impact on active military and student
26    veterans in today's educational landscape.

 

 

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1        (2) Examine policies and practices in other states to
2    identify best practices in the Prior Learning Assessment
3    for active military and student veterans.
4        (3) Determine current policies and practices in this
5    State, including existing Prior Learning Assessment
6    methods being utilized among this State's public and
7    private colleges and universities in connection with
8    active military and student veterans.
9        (4) Review the quality standards necessary to
10    adequately assess military learning based on experience
11    and non-credit education and training for purposes of
12    awarding academic credit.
13        (5) Consider alternative means to award academic
14    credit for active military and student veterans.
15        (6) Consider transferability of academic credit
16    awarded by the Prior Learning Assessment and student
17    mobility.
18        (7) Consider the importance of recognition of
19    industry-recognized credentials by colleges and
20    universities for the purpose of awarding academic credit.
21        (8) Consider the acceptance of industry-recognized
22    credentials and academic credit credentials or degrees by
23    licensing bodies.
24    (c) The Task Force shall report its findings and
25recommendations to the Board of Higher Education, the Illinois
26Community College Board, the Illinois Student Assistance

 

 

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1Commission, the State Board of Education, the Department of
2Veterans' Affairs, the Illinois Discharged Servicemember Task
3Force, the General Assembly, and the Governor on or before
4December 1, 2016.
5    (d) This Section is repealed on December 1, 2017.
6(Source: P.A. 99-395, eff. 8-18-15.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.