SB3646 104TH GENERAL ASSEMBLY

LRB104 17695 KTG 31126 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3646

Introduced 2/5/2026, by Sen. Mike Porfirio

SYNOPSIS AS INTRODUCED:

See Index

Amends the Military Veterans Assistance Act. Expands the Act to permit the creation of Jurisdictional Veterans Assistance Commissions (JVAC) in counties that did not have a Veterans Assistance Commission prior to January 1, 2026, and in which there exists a judicial circuit whose jurisdictional boundaries include multiple counties. Provides that veteran service organizations located within any of those counties that are within the judicial circuit's jurisdictional boundaries may come together and create a JVAC that shall provide services to veterans and their families and shall be known as the Veterans Assistance Commission (VAC) of that judicial circuit. Contains provisions on the selection process for the JVAC superintendent and delegates; and other matters. Expands the Act to provide assistance for military veterans who served in the armed forces of the United States, as defined, and did not receive a bad conduct or dishonorable discharge or other equivalent discharge. Provides that if a supervisor of general assistance or county board fails or refuses to provide assistance recommended by the assistance committee of a veterans service organization, VAC, or JVAC, then the veterans service organization, VAC, or JVAC may request that all parties involved enter into an arbitration agreement. Permits any person who is eligible for assistance under the Act to bring a civil action against the county for failing or refusing to provide such assistance. Prohibits the disbursement or transfer of VAC or JVAC funding to any not-for-profit corporation or any other such organization. Contains provisions on annual voting reporting requirements; mandatory training for VAC and JVAC delegates and alternates; a prohibition on a VAC or JVAC establishing or operating a not-for-profit corporation that has a name substantially similar to the name of the VAC or JVAC; permission to receive gifts or donations in furtherance of veterans' interests; benefits for VAC and JVAC employees; the establishment of a Veterans Assistance Provost within the Office of the Attorney General; audit reports; and other matters.

A BILL FOR

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. 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 county board of each county that has a population of less than 3,000,000 and that is a participant in a Jurisdictional 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. The proceeds from this tax for a Jurisdictional Veterans Assistance Commission shall be directed into the county treasury of the county where the Jurisdictional Veterans Assistance Commission is headquartered.

The respective proceeds of any tax so levied for a Veterans Assistance Commission or a Jurisdictional Veterans Assistance Commission shall be used exclusively for the assistance purposes authorized thereunder, and a portion thereof may be expended for the salaries of any officers or employees of the Veterans Assistance Commission, for the authorized reimbursement of any officer or employee of the Veterans Assistance Commission, as provided in Section 10 of the Military Veterans Assistance Act, 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 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 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. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)

Section 10. The Illinois Public Aid Code is amended by changing Section 12-21.13 as follows:

(305 ILCS 5/12-21.13) (from Ch. 23, par. 12-21.13)

Sec. 12-21.13. Local funds required to qualify for state aid. To qualify for State funds to supplement local funds for public aid purposes, a local governmental unit shall, except as hereinafter provided, levy within the time that such levy is authorized to be made a tax of an amount which, when added to the unobligated balance available for such purposes at the close of the fiscal year preceding the fiscal year for which the tax is levied will equal .10% of the last known total equalized value of all taxable property in the governmental unit.

In a county of less than 3 million population in which there is created a County Veterans Assistance Commission, the county shall levy for assistance to military veterans and their families, within the time that such levy is authorized to be made, a tax of an amount which, when added to the unobligated balance available for such purpose at the close of the preceding fiscal year will equal .02% of the last known assessed value of the taxable property in the county, or which will equal .03% of such assessed value if such higher amount is authorized by the electors of the county, as provided in Section 5-2006 of the Counties Code.

In a county that has a population of less than 3,000,000 and that is a participant in a Jurisdictional Veterans Assistance Commission, the county shall levy for assistance to military veterans and their families, within the time that such levy is authorized to be made, a tax of an amount which, when added to the unobligated balance available for such purpose at the close of the preceding fiscal year, equals .02% of the last known assessed value of the taxable property in the county. The proceeds from this tax for a Jurisdictional Veterans Assistance Commission shall be directed into the county treasury of the county where the Jurisdictional Veterans Assistance Commission is headquartered.

If, however, at the latest date in the year on which the aforesaid taxes are authorized to be levied there is in the unobligated balance of the local governmental unit an amount equal to .10%, or .02% in the case of Veterans' Assistance, of the last known total equalized value of all taxable property in the governmental unit, then no tax need be levied in that year in order for the local governmental unit to qualify for State funds.

In determining the amount of the unobligated balance which is to be applied in producing the required levy for receipt of State funds, or which is to be applied in determining whether a tax levy is required, there shall be deducted from the gross unobligated balance of funds available at the close of the preceding fiscal year the total amount of State funds allocated to the governmental unit during that year and the total amount of any monies transferred to a township's general town fund under Section 235-20 of the Township Code during that year, and only the remainder shall be considered in determining the amount of the deficiency needed to produce an amount equal to the qualifying levy for the current year.

(Source: P.A. 87-796; 88-670, eff. 12-2-94.)

Section 15. The Military Veterans Assistance Act is amended by changing Sections 1, 2, 8, 9, 9.1, 9.2, and 10 and by adding Section 9.3 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 that (i) is formed by and for veterans, (ii) has a paid membership of at least 15 individuals, and (iii) provides responsible aid, assistance, or services to the veteran community.

"Administrator of military veterans assistance" means the commanders of the various veteran service organizations, the superintendent of a County Veterans Assistance Commission, or other 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.

"Armed forces" or "armed forces of the United States" means any of the Armed Forces of the United States, including any reserve component or National Guard unit. Service under the authority of U.S.C. Title 10, 14, or 32, State active duty, service in the National Guard of any state or territory regardless of status, and service in the State Guard as defined in the State Guard Act shall be considered service in the armed forces and armed forces of the United States for purposes of this Act.

"Military veteran" or "veteran" means a person who has served in the armed forces and who did not receive a bad conduct or dishonorable discharge or other equivalent discharge.

(Source: P.A. 104-234, eff. 8-15-25.)

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

Sec. 2. The purpose of this Act is, in part, to provide, in accordance with this Section, just and necessary assistance and services to 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, to their families, and to the families of deceased veterans with service who need such assistance and services. The following actions shall be taken in support of that purpose:

(1) The supervisor of general assistance or the county board shall annually appropriate and provide such sums of money as may be just and necessary to be drawn by the commander, quartermaster or commandant of any veterans service organization, in the city or town, or the superintendent of any Veterans' Assistance Commission of the county, upon the request recommendation of the assistance committee of that veterans service organization 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 appropriated and provided annually and paid on behalf of to Veterans Assistance Commissions in counties with a population of less than 3,000,000 is 0.02% of the last known assessed value of the taxable property in the county or 0.03% of such assessed value if such higher amount has been authorized for levy by the electors of the county as 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. The minimum amount required under this Section to be appropriated and provided annually to Veterans Assistance Commissions is equal to the amount required under Section 12-21.13 of the Illinois Public Aid Code concerning the qualification for supplemental State funds. The changes made to this subparagraph by this amendatory Act of the 104th General Assembly are a declaration of existing law and shall not be construed as a new enactment.

(1.5) The supervisor of general assistance or the county board of a county in which a Jurisdictional Veterans Assistance Commission is headquartered shall provide such sums of money as may be just and necessary to be drawn by the superintendent of the Jurisdictional Veterans Assistance Commission headquartered in that county, upon the recommendation of the delegates of the Jurisdictional Veterans Assistance Commission. Each participating county of a Jurisdictional Veterans Assistance Commission shall fund the Jurisdictional Veterans Assistance Commission in accordance with this Section. Participating counties shall provide the support and materials required to administer a Jurisdictional Veterans Assistance Commission in the same manner individual counties are required under this Act to provide support and materials to single-county Veterans Assistance Commissions.

(A) Funding for Jurisdictional Veterans Assistance Commissions may be derived from a tax levied under Section 5-2006 of the Counties Code and Section 12-21.13 of the Illinois Public Aid Code.

(B) The minimum amount to be appropriated and provided annually and paid on behalf of Jurisdictional Veterans Assistance Commissions is provided in Section 12-21.13 of the Illinois Public Aid Code, unless the delegates of the Jurisdictional 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 request recommendation to provide just and necessary sums of money for such assistance, then the veterans service organization or Veterans Assistance Commission or a Jurisdictional Veterans Assistance Commission may request that all parties involved enter into an arbitration agreement. Arbitrators shall be appointed in accordance with the appointment provisions in Section 3 of the Uniform Arbitration Act. Arbitrators shall confer with the Veterans Assistance Provost, acting on behalf of the Attorney General, prior to the issuing of any award under this Act. If both parties do not agree to arbitration, then the veteran service organization or the superintendent of any Veterans Veterans' Assistance Commission located in the district of such supervisor of general assistance or such county board or the superintendent of any Jurisdictional Veterans Assistance Commission headquartered 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 and may enter an order requiring the county board to pay attorney's fees and an additional amount equal to or less than the sum of interest of the Veterans Assistance Commission's or Jurisdictional Veterans Assistance Commission's initial request having accrued at the rate of 1% per month beginning on the month that the Veterans Assistance Commission's or Jurisdictional Veterans Assistance Commission's initial request was submitted to the supervisor of general assistance or the county board.

(2.5) Any person eligible for assistance under this Act who does not receive such assistance after a supervisor of general assistance or county board fails or refuses to provide the just and necessary sums of money to fund a Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission may bring a civil action against the county to seek redress under this Section.

(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. Orders of commanders, quartermasters, commandants, or superintendents of those veterans service organizations or those Veterans Veterans' Assistance Commissions or those Jurisdictional Veterans Assistance Commissions shall be proper warrants for the expenditure of such sums of money and no county may refuse to make payment on such a warrant.

(4) Funding for a Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission granted under this Section may not be disbursed to or transferred from the Commission to any not-for-profit corporation or any other entity of any type for the purpose of relegating the responsibilities of the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission under this Act to the not-for-profit corporation or other entity. Funding for a Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission granted under this Section may not be commingled with other monies.

(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)

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

Sec. 8. The commander, quartermaster, or commandant of any veteran service organization 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 relating thereto as the commander or superintendent may deem to be of interest to that organization and the people of the State. A copy of that report shall be provided to the president or chairperson of the county board and shall be made publicly available online.

The superintendent of every Veterans Assistance Commission and Jurisdictional Veterans Assistance Commission shall annually report to the Governor, on or before the first day of January of each year, a summary of all minutes and voting results of the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission from the previous year. Upon receipt of the report, or as soon thereafter as is practicable, the Office of the Governor shall submit a written confirmation of receipt to the superintendent of the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission that includes a statement on whether the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission is in compliance with all reporting requirements under this paragraph. A copy of the annual report and the confirmation receipt shall be provided to the Office of the Attorney General and to the president or chairperson of the county board in which the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission is headquartered. The annual report and confirmation receipt shall also be made publicly available online. For these purposes every Veterans Assistance Commission and Jurisdictional Veterans Assistance Commission shall maintain a website or webpage as part of its respective county's official website.

(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)

(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. However, if any delegate or alternate fails to complete the training required under the Open Meetings Act within 90 days after beginning their term of service, then that delegate or alternate shall be stripped of any voting rights until that delegate or alternate completes the training. Once selected, delegates and alternates are bound by the Public Officer Prohibited Activities Act. Within 30 days after the delegates and alternates are seated, each Veterans Assistance Commission shall publish electronically on its website, or on a designated webpage of its county's official website, the name of each delegate and alternate along with each delegate's and alternate's corresponding veteran service organization.

(1.5) Each duly appointed delegate and alternate must successfully complete an online electronic training curriculum, developed and administered by the Veterans Assistance Provost, acting on behalf of the Attorney General, within 30 days after the delegate or alternate is seated. Each delegate or alternate successfully completing the electronic training curriculum shall file a copy of the affirmation and certificate of completion with the Veterans Assistance Commission. If any delegate or alternate fails to complete the training required under this paragraph, within 30 days after beginning his or her term of service, then that delegate or alternate shall be stripped of any voting rights until that delegate or alternate completes the training and affirmation.

(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.

(4.5) Within 30 days after the delegates and alternates are seated, each Veterans Assistance Commission shall publish electronically on its website or on the webpage of its county's website the name of each delegate and alternate along with the Commission's corresponding veteran service organization, the name of the commander, quartermaster, or commandant of that veteran service organization, and the mailing address of that veteran service organization.

(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) The county may, at its discretion, appoint a representative to the Commission who may attend any public meeting of the Commission. That representative shall be a veteran, may not have voting rights, 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 for litigation matters not relating to litigation between the Commission and the County.

(9) A Veterans Assistance Commission may not establish or operate a not-for-profit corporation that has a substantially similar name to that of the Veterans Assistance Commission.

(10) A Veterans Assistance Commission may receive any unsolicited gift, grant, donation, or legacy made for the purpose of assisting veterans or in furtherance of such interests. Any such unsolicited gift, grant, donation, or legacy shall be subject to reporting and auditing requirements as mandated by law.

(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. No county may refuse to process and pay a warrant issued in accordance with this Act.

(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. If a Commission is comprised of only 2 veteran service organizations, then the superintendent may be removed from office if, after delegates from both 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.

An employee of the Commission, other than the superintendent, may be removed from the employee's position if, after the superintendent has brought such removal action before the Commission for consideration, 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. Such policies must include, but are , including, but not limited to, policies related to compensation, employee rights, ethics, procurement, financial assistance, donations, and budget, and shall adapt those policies to fit its organizational structure and needs as determined in the sole discretion of the Commission. The adapted policies must be reasonably similar to the corresponding county policies. 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 90 60 days of the county board amendment. However, nothing in this subsection shall be construed to permit a county or its policies to control a Veteran Assistance Commission's operations.

(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. No county may refuse payment on such a warrant after approval of the itemized statement or claim by the superintendent.

(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 Veterans Assistance Provost on behalf of the Attorney General and the president or chairperson of the county board of the Commission's respective county. The audit report shall also be made publicly available online. For these purposes the Veterans Assistance Commission shall maintain a website or webpage as part of its respective county's official website.

(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. Such services shall include the provision of assistance as set forth in this Act and the Illinois Public Aid Code.

(o)(1) In counties that did not have a Veterans Assistance Commission prior to January 1, 2026, and in which there exists a judicial circuit whose jurisdictional boundaries include multiple counties, veteran service organizations located within any of those counties that are within the judicial circuit's jurisdictional boundaries may come together and create a Jurisdictional Veterans Assistance Commission that shall provide services to veterans and their families. The Jurisdictional Veterans Assistance Commission shall be known as the Veterans Assistance Commission of that judicial circuit.

(2) The superintendent of a Jurisdictional Veterans Assistance Commission formed in accordance with paragraph (1) shall be selected from among all honorably discharged veterans of all participating counties within that judicial circuit's boundaries and shall maintain a centrally located office within that judicial circuit. However, for a Jurisdictional Veterans Assistance Commission formed within a large judicial circuit, the superintendent is not precluded from having multiple offices that shall be owned and maintained by the Jurisdictional Veterans Assistance Commission.

(3) Delegates and alternates shall be selected by the veterans service organizations of that judicial circuit in the same manner as prescribed in paragraph (1) of subsection (a) and shall be subject to the online electronic training requirements imposed on delegates and alternates appointed to a single-county Veterans Assistance Commission as prescribed in paragraph (1.5) of subsection (a).

(4) Every Jurisdictional Veterans Assistance Commission must publish electronically on its website the name of each appointed delegate and alternate as prescribed in paragraph (4.5) of subsection (a) for single-county Veterans Assistance Commissions.

(5) Every Jurisdictional Veterans Assistance Commission shall be subject to the same prohibitions, standards, discretionary authority, and other requirements single-county Veterans Assistance Commissions are subject to under this Section unless otherwise provided.

(6) Any existing Veterans Assistance Commission that is part of a judicial circuit that is comprised of multiple counties, as of January 1, 2025, may merge into a Veterans Assistance Commission of that judicial circuit with its neighboring counties. Those existing Veterans Assistance Commissions that choose not to merge may continue to exist independently while the other counties combine to form a new Jurisdictional Veterans Assistance Commission of that judicial circuit.

(7) Nothing in this amendatory Act of the 104th General Assembly shall be interpreted to restrict any Jurisdictional Veterans Assistance Commissions from providing services to veterans and their families who reside outside of those participating counties.

(Source: P.A. 102-484, eff. 8-20-21; 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)

(330 ILCS 45/9.1)

Sec. 9.1. Violations.

(a) If the Attorney General has reasonable cause to believe that there is or has been a violation of Section 2, 8, or 9, or subsection (a), (b), or (c) of Section 10, then the Attorney General shall be empowered to issue and cause to be served on any person or entity an order to cease and desist from further violation of this Act. The Attorney General may also commence a civil action in the name of the People of the State to enforce the provisions of this Act in any appropriate circuit court. The court, in its discretion, may exercise all powers necessary, including, but not limited to: injunction; mandamus; revocation; forfeiture or suspension of any funding, rights, privileges, responsibilities, or support, as deemed necessary to ensure compliance; and any other action the court may deem appropriate.

(b) Prior to initiating a civil action, the Attorney General shall conduct a preliminary investigation to determine whether there is reasonable cause to believe that a violation is being or has been committed and whether the dispute can be resolved without litigation. In conducting this investigation, the Attorney General may:

(1) require the individual, group, or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary;

(2) examine under oath any person alleged to have participated in or with knowledge of the alleged violation;

(3) issue subpoenas or conduct hearings in aid of any investigation; or

(4) examine any record, book, document, account, or paper as the Attorney General may consider necessary.

(c) Service by the Attorney General of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made:

(1) personally by delivery of a duly executed copy thereof to the person to be served or, if a person is not a natural person, in the manner provided by the Code of Civil Procedure when a complaint is filed; or

(2) by mailing by certified mail a duly executed copy thereof to the person to be served at the person's last known abode or principal place of business within this State.

(d) Whenever any person fails to comply with any subpoena issued under this Section or whenever satisfactory copying or reproduction of any material requested in an investigation cannot be done and the person refuses to surrender the material, the Attorney General may file in any appropriate circuit court, and serve upon the person, a petition for a court order for the enforcement of the subpoena or other request.

Any person who has received a subpoena issued under subsection (b) may file in the appropriate circuit court, and serve upon the Attorney General, a petition for a court order to modify or set aside the subpoena or other request. The petition must be filed either: (1) within 20 days after the date of service of the subpoena or at any time before the return date specified in the subpoena, whichever date is earlier, or (2) within a longer period as may be prescribed in writing by the Attorney General.

The petition shall specify each ground upon which the petitioner relies in seeking relief under this subsection and may be based upon any failure of the subpoena to comply with the provisions of this Section or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the subpoena or other request, in whole or in part, except that the petitioner shall comply with any portion of the subpoena or other request not sought to be modified or set aside.

(e) In the administration of this Act, the Attorney General may accept an Assurance of Voluntary Compliance with respect to any violation of the Act from any person or entity who has engaged in, is engaging in, or was about to engage in such violation. Evidence of a violation of an Assurance of Voluntary Compliance shall be prima facie evidence of a violation of this Act in any subsequent proceeding brought by the Attorney General against the alleged violator.

(f) Nothing in this Section shall be construed to require the Attorney General to investigate alleged violations or pursue litigation before a Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission or superintendent of such a commission may pursue mandamus, declaratory judgment, or any other available legal remedy.

(Source: P.A. 102-1132, eff. 2-10-23.)

(330 ILCS 45/9.2)

Sec. 9.2. Remedies.

(a) Whenever the Attorney General has reason to believe that any person, group, or entity is violating, has violated, or is about to violate Section 2, 8, or 9, or subsection (a), (b), or (c) of Section 10, the Attorney General may bring an action in the name of the People of the State against the person, group, or entity to restrain by preliminary or permanent injunction the use of any practice that violates Section 2, 8, or 9, or subsection (a), (b), or (c) of Section 10. In such an action, the court may award restitution to recoup the loss of moneys set aside to provide services to veterans or any other relief that the court deems proper.

(b) In addition, the court may assess a civil penalty not to exceed $5,000 for each violation of Section 2, 8, or 9, or subsection (a), (b), or (c) of Section 10.

(c) In any action brought in accordance with Section 9.1 or 9.2 under the provisions of Section 8 or 9 or subsection (a), (b), or (c) of Section 10, the Attorney General is entitled to recover costs.

(d) If a court orders a party to make payments to the Attorney General and the payments are to be used for the operations of the Office of the Attorney General or a party agrees, in an out-of-court settlement, to make payment to the Attorney General for the operations of the Office of the Attorney General, then moneys shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General, including, but not limited to, enforcement of any law of this State and conducting public education programs. However, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.

(Source: P.A. 102-1132, eff. 2-10-23.)

(330 ILCS 45/9.3 new)

Sec. 9.3. Veterans Assistance Provost.

(a) The Attorney General shall appoint a Veterans Assistance Provost and provide staff as are deemed necessary by the Attorney General for the Veterans Assistance Provost. The Veterans Assistance Provost shall be an attorney licensed to practice in Illinois.

(b) Through the Veterans Assistance Provost, the Attorney General shall have the power to establish training for delegates and alternates of each Veterans Assistance Commission and Jurisdictional Veterans Assistance Commission, provide instruction and education concerning this Act, facilitate the resolution of disputes concerning the provisions of this Act, and carry out the enforcement of this Act as provided.

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

Sec. 10. Superintendents and counties.

(a) As used in this Section, "Commission", when a particular entity is not specified, means a Veterans Assistance Commission or a Jurisdictional Veterans Assistance Commission, or both, according to the specific context.

(a) Except as otherwise provided in subsection (o) of Section 9 for a Jurisdictional Veterans Assistance Commission, the The executive powers of a the Commission shall be vested in a superintendent selected or appointed by a vote from a majority of the full Commission membership and who shall have received an honorable discharge from the armed forces of the United States.

(b) Superintendent vacancies shall be filled, whether long-term or temporarily, at the next regularly scheduled full Commission meeting or within 30 days at a specially convened meeting, whichever comes sooner, and shall be selected by a vote from a majority of the full Commission membership.

(c) Except as otherwise provided in subsection (o) of Section 9 for a Jurisdictional Veterans Assistance Commission, any Any individual who may be tasked with assuming the duties of or may be vested with the executive powers of a superintendent, whether as acting or interim superintendent, must be selected or appointed by a vote from a majority of the full Commission membership and must have received an honorable discharge from the armed forces of the United States.

(d) Under the direction of the Commission which shall have final discretion in selecting an appropriate office facility, the The designated superintendent of the Veterans Assistance Commission of the county shall, under the direction of the Commission, have charge of and maintain an office at in the county building or a central location within the county or at a location which is otherwise convenient to veterans and their families in the discretion of the Commission, to be used solely by the Commission for providing the just, necessary, and needed services mandated by law. The office may be in the county building if there is available room and such facilities are acceptable to the Commission.

The designated superintendent of a Jurisdictional Veterans Assistance Commission shall have charge of and maintain an office in accordance with the provisions under subsection (o) of Section 9.

(e) From its own general fund, the The county where the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission is headquartered or organized shall provide for the funding of the office and provide all necessary furnishings, supplies, and services as passed by the county board in its annual appropriation, and the county shall provide or fund services, including, but not limited to, human resources and payroll support; information technology services and equipment; telephone services and equipment; printing services and equipment; postage costs; and liability insurance. Such funding may not be drawn from the tax levied under Section 5-2006 of the Counties Code and Section 12-21.13 of the Illinois Public Aid Code or from State funds from the Department of Human Services. Any litigation or legal settlement that has a financial impact to the county is subject to the approval of the county board.

(f) The county where the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission is headquartered or organized shall also provide to the employees of the Commission all benefits available to county employees, including, but not limited to, benefits offered through the Illinois Municipal Retirement Fund or any other applicable county retirement fund; health, life, and dental insurance; and workers compensation insurance. Employer contributions and costs for these benefits, services, and coverages may come from Commission funds. However, such funding may not be drawn from the tax levied under Section 5-2006 of the Counties Code and Section 12-21.13 of the Illinois Public Aid Code or from State funds from the Department of Human Services. Counties not currently providing benefits to Commission employees must comply with this subsection within 90 days after the effective date of this amendatory Act of the 102nd General Assembly.

(g) The county board shall, in any county where a Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission is headquartered or is organized, in addition to sums appropriated for these just, necessary, and needed services as provided by law and approved by the Commission under this Act, appropriate such additional sums, upon recommendation of the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission, to properly compensate, in accordance with the requirements of subsection (g) of Section 9 and subsection (e) of this Section, the officers and employees required to administer such assistance in accordance with the policies, procedures, and resolutions of the Commission. The county board shall also provide funds to the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission Commission to reimburse the superintendent, officers, delegates, and employees for certain expenses which are approved by the Commission. Funding for compensation and reimbursements under this subsection may be drawn from the tax levied under Section 5-2006 of the Counties Code and Section 12-21.13 of the Illinois Public Aid Code. The superintendent and other employees shall be employees of the Veterans Assistance Commission Jurisdictional 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 or that the county has any discretion or oversight as to the compensation, benefits, or other terms and conditions of employment of Veterans Assistance Commission employees or Jurisdictional Veterans Assistance Commission employees; such discretion rests solely and exclusively with the Commission. However, a provider of employee benefits may consider Veterans Assistance Commission employees or Jurisdictional Veterans Assistance Commission employees as county employees for the purpose of administering employee benefits. The changes to this subsection made by this amendatory Act of the 104th General Assembly are a declaration of existing law and shall not be construed as a new enactment.

(h) Superintendents, subject to rules formulated by the Commission, shall select, as far as possible, Veteran Service Officers and other employees from among military veterans, including those who have served or may still be serving as members of the Illinois National Guard or a reserve component of the armed forces of the United States, who did not receive a bad conduct or dishonorable discharge or other equivalent discharge thereof, or their spouses, surviving spouses, or children. Employees of the Commission shall be at-will employees.

(i) 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 from the State's Attorney serving the county in which the Veterans Assistance Commission is located, an opinion upon any question of law relating to a matter in which the county Veterans Assistance Commission may be concerned. With regard to matters involving Section 2, 8, or 9, or subsection (a), (b), or (c) of Section 10, the State's Attorney shall confer with the Office of the Attorney General before rendering an opinion.

(j) Superintendents of all counties subject to this Act, when required by the Commission, shall give bond in the sum of $2,000 for the faithful performance of their duties.

(k) All persons selected or appointed 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 shall be appointed by the superintendent.

(l) If any Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission fails to timely submit to the Veterans Assistance Provost, acting on behalf of the Attorney General, copies of the audits and reports required under this Act, or fails to publish the audits and reports as required under this Act, then the superintendent or interim superintendent of that Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission shall be fined an amount no greater than $50 for each month or portion of each month that the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission fails to submit the audit or report, or fails to publish the audit or report as required under this Act. The State's Attorney of the county in which the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission is located or the Attorney General may apply to the circuit court of the district or county for relief by mandamus requiring the superintendent or interim superintendent to pay the fine. The fine shall be payable to the county in which the Veterans Assistance Commission or Jurisdictional Veterans Assistance Commission is located and shall be deposited into the general corporate fund of that county.

(Source: P.A. 102-56, eff. 7-9-21; 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)