SB0636sam001 104TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 4/3/2025

10400SB0636sam001 LRB104 06914 KTG 24849 a

AMENDMENT TO SENATE BILL 636

AMENDMENT NO. ______. Amend Senate Bill 636 by replacing everything after the enacting clause with the following:

"Section 5. The Military Veterans Assistance Act is amended by changing Section 9 as follows:

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

Sec. 9. Veterans Assistance Commission.

(a) In counties having 2 or more veteran service organizations as may be recognized by law, the veteran service organizations may come together to form a 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 selected annually as determined by each veteran service organization. When so organized a Commission shall be clothed with all the powers and may be charged with all the duties theretofore devolving upon the different veteran service organizations within the county as provided in Section 2.

(1) Every January 1, all Veterans Assistance Commissions shall publish a notice to each veteran service 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 selected and duly appointed delegates and alternates shall begin their term of office with full voting rights. Once selected, delegates and alternates are bound by the Public Officer Prohibited Activities Act.

(2) Except as provided in paragraph (3), veteran service organizations shall be permitted to select one delegate and one alternate.

(3) In counties with 5 or more of the same veteran service organizations, all the constituent veteran service organizations shall be permitted to select up to 5 delegates and 5 alternates to represent that veteran service organization instead of each constituent veteran service organization 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 choose to select those delegates and alternates, those selected and duly appointed delegates and alternates shall represent the aggregate percentage of the constituent groups.

(4) If a veteran service 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.

(5) All undertakings of, or actions taken by, the Commission shall require a vote from a majority of the full commission membership. No committee or other subgroup of delegates and alternates formed by the Commission, whether selected or appointed, may be granted the power or authority to act in the place of or on behalf of the full body of the duly selected or appointed Commission membership.

(6) No superintendent or any other employee of the Veterans Assistance Commission may retain the position of delegate or alternate or any voting rights while employed by the Veterans Assistance Commission.

(7) No committee or other subgroup of delegates and alternates formed by the Commission, whether selected or appointed, may bar any other duly appointed Commission member from attending or otherwise being present during any closed meetings or sessions of that committee or group.

(8)(A) The county shall may, at its discretion, appoint a representative to the Commission by unanimous vote of the county board to serve a term of 4 years. If a vacancy occurs, the county board shall appoint another veteran to the Commission to fill out the remainder of the term who may attend any public meeting of the Commission.

(B) The county appointee That representative shall be a veteran and shall , may not have voting rights, except in those matters that may produce a conflict of interest, such as the closed session meetings of the Commission to discuss possible litigation against the county. The Commission shall determine by majority vote any other matters that may produce a conflict of interest.

(C) The county appointee may not hold any office or title on the Commission, and may not be present during any nonpublic meeting of the Commission, except as authorized in this Act. For matters of executive session, the non-voting county appointee may attend meetings that are closed in accordance with paragraphs (1), (3), (5), (6), or (11) of subsection (c) of Section 2 of the Open Meetings Act and for litigation matters not relating to litigation between the Commission and the County.

(D) As provided in subsection (a) of Section 10, the executive powers of the Commission are vested in the duly appointed superintendent and nothing in this Section shall be construed to require the county appointee to provide reports to the county board during open or closed sessions of any county board hearings. The county board shall invite the superintendent to present official updates of the Commission to the county board. Nothing in this amendatory Act of the 104th General Assembly shall be interpreted to abrogate or diminish any of the powers or authority of the Commission or the superintendent as established by this Act.

(b) The Commission and its selected or appointed superintendent shall have oversight of the distribution of all moneys and supplies appropriated for the benefit of military veterans and their families, subject to such rules, regulations, administrative procedures or audit reviews as are required by this Act and as are necessary as approved by the Commission 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.

(c) The superintendent of the Veterans Assistance Commission, selected, appointed, or hired by the Commission is an at-will employee who shall be answerable to, and shall report to, the Commission.

(d) The superintendent shall be evaluated annually and a written report shall be generated. A copy of the report from the evaluation shall be provided to the entire Commission membership.

(e) A superintendent may be removed from office if, after delegates from no less than 3 different veteran service organizations file a written request calling for the superintendent's removal, there is a vote from a majority of the full Commission membership in favor of such removal.

(f) Each Veterans Assistance Commission shall establish and maintain bylaws that outline the framework, policies, and procedures for conducting the business of the Commission and for the rules and regulations that apply to its members. Those bylaws shall reflect compliance with all relevant laws at the time they are established and shall be revised as necessary to remain in compliance with current law. The establishment of those bylaws, and any revisions thereafter, shall require a minimum two-thirds majority vote of approval from a majority of the full Commission membership.

(g) Each Veterans Assistance Commission shall, in writing, adopt all applicable policies already established and in place in its respective county, including, but not limited to, policies related to compensation, employee rights, ethics, procurement, and budget, and shall adapt those policies to fit its organizational structure. Those policies shall then be considered the policies of the Veterans Assistance Commission and they shall be implemented and adhered to, accordingly, by the superintendent and by the Commission. The Commission shall amend its adopted policies whenever a county board amends an applicable policy within 60 days of the county board amendment.

(h) 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 and reported to the full Commission membership.

(i) Each Veterans Assistance Commission shall perform an annual audit in accordance with the Governmental Account Audit Act using either the auditing services provided by its respective county or the services of an independent auditor whose services shall be paid for by the Commission. A copy of that audit report shall be provided to the president or chairperson of the county board. If a Veterans Assistance Commission fails to provide a copy of the audit report to the president or chairperson of the county board, then the president or chairperson of the county board may request assistance from the Office of the Attorney General to enforce this requirement.

(j) Veterans Assistance Commissions and county boards subject to this Act shall cooperate fully with the boards, commissions, agencies, departments, and institutions of the State. The funds held and made available by the county, the State, or any other source shall be subject to financial and compliance audits in accordance with the Illinois State Auditing Act.

(k) 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.

(l) The Veterans Assistance Commission shall represent veterans in their application for or attempts to obtain benefits and services through State and federal agencies, including representing veterans in their appeals of adverse decisions.

(m) 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.

(n) 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; 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)

Section 99. Effective date. This Act takes effect March 1, 2026.".