Illinois General Assembly - Full Text of HB5184
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5184  102nd General Assembly

HB5184enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5184 EnrolledLRB102 23259 KTG 32424 b

1    AN ACT concerning veterans.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Section 5-2006 as follows:
 
6    (55 ILCS 5/5-2006)  (from Ch. 34, par. 5-2006)
7    Sec. 5-2006. Tax for Veterans Assistance Commission
8veterans assistance commission. The county board of each
9county having a population of less than 3 million in which
10there is a Veterans Assistance Commission as provided in
11Section 9 of the Military Veterans Assistance Act may levy a
12tax of not to exceed .03% of the assessed value annually on all
13taxable property of the county, for the purpose of providing
14assistance to military veterans and their families pursuant to
15such Act. Whenever not less than 10% of the electors of the
16county petition the county board to levy the tax at not to
17exceed .04% of the assessed value, the county board shall
18certify the proposition to the proper election officials who
19shall submit the proposition at the next general election in
20accordance with the general election law. If a majority of the
21electors vote in favor of the proposition, the county board
22may, annually, levy the tax as authorized. The proceeds of any
23tax so levied shall be used exclusively for the assistance

 

 

HB5184 Enrolled- 2 -LRB102 23259 KTG 32424 b

1purposes authorized thereunder, and a portion thereof may be
2expended for the salaries or expenses of any officers or
3employees of the Veterans Assistance Commission or for any
4other expenses incident to the administration of such
5assistance.
6    The tax shall be separate from all other taxes which the
7county is authorized to in addition to all other taxes which
8the county is authorized to levy on the aggregate valuation of
9the property within the county and shall not be included in any
10tax limitation of the rate upon which taxes are required to be
11extended, but shall be excluded therefrom and in addition
12thereto. The tax shall be levied and collected in like manner
13as the general taxes of the county, and, when collected, shall
14be paid into a special fund in the county treasury and used
15only as herein authorized, or disbursed from the county
16treasury of a county in which a properly organized Veterans
17Assistance Commission is authorized under Section 3-11008 of
18this Code.
19    The limitations on tax rates herein provided may be
20increased or decreased under the referendum provisions of the
21General Revenue Law of Illinois.
22    If a county has levied the tax herein authorized or
23otherwise meets the conditions set out in Section 12-21.13 of
24"the Illinois Public Aid Code", to qualify for State funds to
25supplement local funds for public purposes under Articles III,
26IV, V, VI, and IX VII of that Code and otherwise meets the

 

 

HB5184 Enrolled- 3 -LRB102 23259 KTG 32424 b

1conditions set out in Article XII of that Code for receipt of
2State aid, the Illinois Department of Human Services shall
3allocate and pay to the county such additional sums as it
4determines to be necessary to meet the needs of assistance to
5military veterans and their families in the county and
6expenses incident to the administration of such assistance. In
7counties where a Veterans Assistance Commission has been
8properly created, those County Veterans Assistance Commissions
9shall be in charge of the administration of such assistance
10provided under the Illinois Public Aid Code for military
11veterans and their families.
12(Source: P.A. 89-507, eff. 7-1-97.)
 
13    Section 10. The Illinois Public Aid Code is amended by
14changing Section 2-14 as follows:
 
15    (305 ILCS 5/2-14)  (from Ch. 23, par. 2-14)
16    Sec. 2-14. "Local governmental unit". Every county, city,
17village, incorporated town or township charged with the duty
18of providing public aid under Article VI; and County Veterans
19Assistance Commissions providing general assistance to
20indigent war veterans and their families under Section
2112-21.13 of Article XII.
22    However, should any Section of this Code impose the
23obligation of providing medical assistance to persons who are
24non-residents of the State of Illinois upon a local

 

 

HB5184 Enrolled- 4 -LRB102 23259 KTG 32424 b

1governmental unit, the term "local governmental unit" shall
2not include townships. In such case the obligation for
3providing medical assistance to non-residents which would
4otherwise be the duty of a township shall become the
5obligation of the Department of Healthcare and Family
6Services.
7(Source: P.A. 95-331, eff. 8-21-07.)
 
8    Section 15. The Military Veterans Assistance Act is
9amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
10as follows:
 
11    (330 ILCS 45/1)  (from Ch. 23, par. 3081)
12    Sec. 1. Definitions. As used in this Act:
13    "Veteran service organization" means a post, ship, camp,
14chapter, or detachment of a congressionally chartered or state
15chartered organization.
16    The term "Administrator Overseer of military veterans
17assistance" means the commanders of the various veteran
18service organizations, the superintendent of a County Veterans
19Assistance Commission, or other , as used in this Act, shall be
20construed to mean all persons whose duty it is, under the
21existing statutes, to care for, relieve or maintain, wholly or
22in part, any person who may be entitled to such assistance
23under the statutes of the State of Illinois. This Act shall not
24infringe upon the mandated powers and authorities vested in

 

 

HB5184 Enrolled- 5 -LRB102 23259 KTG 32424 b

1the Illinois Department of Veterans' Affairs.
2(Source: P.A. 87-796.)
 
3    (330 ILCS 45/2)  (from Ch. 23, par. 3082)
4    Sec. 2. For the just, necessary, and needed assistance and
5services assistance of military veterans, who served in the
6Armed Forces of the United States and whose last discharge
7from the service was honorable or general under honorable
8conditions , whose last discharge from the service was
9honorable to be eligible for assistance, their families, and
10the families of deceased veterans with service as described in
11this Section who need assistance and services.
12        (1) The supervisor of general assistance or the county
13    board shall provide such sums of money as may be just and
14    necessary to be drawn by the commander, quartermaster or
15    commandant of any post, ship, camp, chapter or detachment
16    of any congressionally chartered or state chartered
17    veterans service organization, in the city or town, or the
18    superintendent of any Veterans' Assistance Commission of
19    the county, upon the recommendation of the assistance
20    committee of that veterans service organization or the
21    post, ship, camp, chapter or Veterans' Assistance
22    Commission.
23            (A) Funding for Veterans Assistance Commissions
24        may be derived from 3 sources, if applicable:
25                (i) a tax levied under Section 5-2006 of the

 

 

HB5184 Enrolled- 6 -LRB102 23259 KTG 32424 b

1            Counties Code and Section 12-21.13 of the Illinois
2            Public Aid Code;
3                (ii) funds from the county general corporate
4            fund; and
5                (iii) State funds from the Department of Human
6            Services.
7            (B) The minimum amount to be provided annually to
8        Veterans Assistance Commissions is provided in Section
9        12-21.13 of the Illinois Public Aid Code, unless the
10        delegates of the County Veterans Assistance Commission
11        determine that a lesser amount covers the just and
12        necessary sums.
13        (2) If any supervisor of general assistance or county
14    board fails or refuses after such recommendation to
15    provide any just and necessary sums of money for such
16    assistance, then the veteran service organization
17    commander, post, chapter, or detachment or the
18    superintendent of any Veterans' Assistance Commission
19    located in the district of such supervisor of general
20    assistance or such county board shall apply to the circuit
21    court of the district or county for relief by mandamus
22    upon the supervisor of general assistance or county board
23    requiring him, her or it to pay, or to appropriate and pay
24    such sums of money, and upon proof made of the justice and
25    necessity of the claim, the circuit court shall grant the
26    sums so requested such assistance.

 

 

HB5184 Enrolled- 7 -LRB102 23259 KTG 32424 b

1        (3) Such sums of money shall be drawn in the manner now
2    provided under Section 5-2006 of the Counties Code and
3    Section 12-21.13 of the Illinois Public Aid Code by law
4    for the assistance of the poor. Orders of commanders,
5    quartermasters, commandants, or superintendents of those
6    veterans service organizations or those Veterans'
7    Assistance Commissions shall be proper warrants vouchers
8    for the expenditure of such sums of money.
9(Source: P.A. 87-796.)
 
10    (330 ILCS 45/3)  (from Ch. 23, par. 3083)
11    Sec. 3. In case there is no veteran service post or camp of
12a military veterans organization, in any town in which it is
13necessary that such assistance as provided in Section 2 should
14be granted, the administrator overseer of military veterans
15assistance shall accept and pay the orders drawn, as
16hereinbefore provided by the commander, quartermaster or
17commandant of any veteran service organization post or camp of
18a military veterans organization, upon the recommendation of
19an assistance committee, who shall be residents of the said
20town in which the assistance may be furnished.
21(Source: P.A. 87-796.)
 
22    (330 ILCS 45/4)  (from Ch. 23, par. 3084)
23    Sec. 4. Upon the taking effect of this Act, the commander
24of any veteran service organization or any properly created

 

 

HB5184 Enrolled- 8 -LRB102 23259 KTG 32424 b

1Veterans Assistance Commission post or camp of a military
2veterans organization, which shall undertake the assistance of
3military veterans and their families, as hereinbefore
4provided, before the acts of the commander, quartermaster, or
5commandant shall be operative in any city or town, shall file
6with the city clerk of such city or town clerk of such town, or
7administrator overseer of military veterans assistance of such
8town or county, a notice that said veteran service
9organization or Veterans Assistance Commission post, camp,
10chapter or detachment intends to undertake such assistance as
11is provided by this Act, and such notice shall contain the
12names of the assistance committee of the veteran service
13organization or Veterans Assistance Commission post, camp,
14chapter or detachment in such city or town, and the commander
15and other officers of said veteran service organization or
16Veterans Assistance Commission post, camp, chapter or
17detachment. And the commander of the veteran service
18organization or Veterans Assistance Commission post, camp,
19chapter or detachment shall annually thereafter, during the
20month of October, file a similar notice with the city or town
21clerk, or the administrator overseer of military veterans
22assistance, also a detailed statement of the amount of
23assistance furnished during the preceding year, with the names
24of all persons to whom such assistance shall have been
25furnished, together with a brief statement in such case from
26the assistance committee upon whose recommendation the orders

 

 

HB5184 Enrolled- 9 -LRB102 23259 KTG 32424 b

1were drawn. Any person who fails or neglects so to do at the
2time required by this Act shall be guilty of a petty offense
3and fined $250 to be recovered in the name of the county in the
4circuit court.
5(Source: P.A. 87-796.)
 
6    (330 ILCS 45/5)  (from Ch. 23, par. 3085)
7    Sec. 5. The auditing board of any city or town or county
8auditor, or the administrator overseer of military veterans
9assistance of any city, town, or county, may require of the
10commander, quartermaster, or commandant of any veteran service
11organization, or superintendent of any properly organized
12Veterans Assistance Commission or detachment of any post or
13camp of a military veterans organization, undertaking such
14assistance in any city or town, a bond with sufficient and
15satisfactory sureties for the faithful and honest discharge of
16their duties under this Act.
17(Source: P.A. 87-796.)
 
18    (330 ILCS 45/6)  (from Ch. 23, par. 3086)
19    Sec. 6. Overseers of military veterans assistance are
20hereby prohibited from sending military veterans (or their
21families or the families of those deceased) to any almshouse
22(or orphan asylum) without the full concurrence and consent of
23the commander and assistance committee of the post or camp of a
24military veterans organization having jurisdiction as provided

 

 

HB5184 Enrolled- 10 -LRB102 23259 KTG 32424 b

1in Sections 2 and 3 of this Act. Military veterans with
2families and the families of deceased veterans, shall,
3whenever practicable, be provided for and assisted at their
4homes in such city or town in which they shall have a
5residence, in the manner provided in Sections 2 and 3 of this
6Act. Needy veterans or veterans with disabilities of the
7classes specified in Section 2 of this Act, who are not
8mentally ill, and who have no families or friends with which
9they may be domiciled, may be sent to any veterans home. Any
10less fortunate veteran of either of the classes specified in
11Section 2 of this Act or any member of the family of any living
12or deceased veteran of said classes, who may be mentally ill,
13shall, upon the recommendation of the commander and assistance
14committee of such post or camp of a military veterans
15organization, within the jurisdiction of which the case may
16occur, be sent to any mental health facility and cared for as
17provided for indigent persons who are mentally ill.
18(Source: P.A. 99-143, eff. 7-27-15.)
 
19    (330 ILCS 45/7)  (from Ch. 23, par. 3087)
20    Sec. 7. In case there shall be within the limits of any
21city or town more than one veteran service organization post
22or camp of military veterans organizations, it shall be the
23duty of the commander, quartermaster, or commandant of each
24veteran service organization post, camp, chapter or detachment
25within such limits, to send to the commander, quartermaster,

 

 

HB5184 Enrolled- 11 -LRB102 23259 KTG 32424 b

1or commandant of every other veteran service organization
2post, camp, chapter or detachment, as the case may be, within
3said limits, on the first day of each month, a written list of
4the names of all persons to whom assistance has been granted
5during the preceding month, under the provisions of this Act.
6(Source: P.A. 87-796.)
 
7    (330 ILCS 45/8)  (from Ch. 23, par. 3088)
8    Sec. 8. The commander, quartermaster, or commandant of any
9veteran service organization post or camp of a military
10veterans organization, congressionally chartered or state
11chartered commander, or the superintendent of any county
12Veterans' Assistance Commission of Illinois shall annually
13report to the Governor, on or before the first day of January
14of each year, such portions of the transactions of the
15aforementioned veteran service organization or Veterans
16Assistance Commission veterans' organizations relating thereto
17as the commander or superintendent he may deem to be of
18interest to that organization and the people of the State.
19(Source: P.A. 87-796.)
 
20    (330 ILCS 45/9)  (from Ch. 23, par. 3089)
21    Sec. 9. Veterans Assistance Commission.
22    (a) In counties having 2 or more veteran service
23organizations posts, camps, chapters or detachments of
24military veterans organizations as may be recognized by law,

 

 

HB5184 Enrolled- 12 -LRB102 23259 KTG 32424 b

1the veteran service organizations may come together to form a ,
2a central assistance committee may be organized to be known as
3the Veterans Assistance Commission of such county. The
4Veterans Assistance Commission of such county may act as the
5central service office for all veterans and their families and
6for the families of deceased veterans. The Commission shall be
7, composed of delegates and alternates from a majority of such
8veteran service organizations posts, camps, units, and
9chapters or ship selected annually as determined by each
10veteran service organization post, ship, camp, or chapter.
11When so organized a Commission commission shall be clothed
12with all the powers and charged with all the duties
13theretofore devolving upon the different veteran service
14organizations within the county posts and chapters as provided
15in Section 2.
16        (1) Every Beginning on January 1, 2017, and every
17    January 1 thereafter, all Veterans Assistance Commissions
18    shall publish a notice to each veteran service
19    organization post, camp, unit, chapter, ship, or
20    detachment of a military veterans organization within
21    their respective county calling on them to select
22    delegates and alternates for that county's Veterans
23    Assistance Commission by the methods provided in this
24    subsection. The Veterans Assistance Commissions shall
25    allow each veteran service organization until March 1 to
26    respond, at which time those delegates and alternates

 

 

HB5184 Enrolled- 13 -LRB102 23259 KTG 32424 b

1    shall begin their term of office post, camp, unit,
2    chapter, ship, or detachment of a military veterans
3    organization 60 days to respond.
4        (2) Except as provided in paragraph (3), veteran
5    service organizations posts, camps, units, chapters,
6    ships, or detachments of a military veterans organization
7    shall be permitted to select one delegate and one
8    alternate.
9        (3) In counties with 5 or more of the same veteran
10    service organizations posts, camps, units, chapters,
11    ships, or detachments of the same military veterans
12    organization, all the constituent veteran service
13    organizations posts, camps, units, chapters, ships, or
14    detachments of such military organizations shall be
15    permitted to select a single delegate and single alternate
16    to represent that veteran service organization military
17    veterans organization instead of each constituent veteran
18    service organization post, camp, unit, chapter, ship, or
19    detachment selecting one delegate and one alternate. For
20    the purposes of meeting the majority requirement of this
21    subsection, when the constituent groups of a veteran
22    service organization military veterans organization choose
23    to select a single delegate and single alternate, the
24    single delegate and single alternate shall represent the
25    aggregate percentage of the constituent groups.
26        (4) If a veteran service organization post, camp,

 

 

HB5184 Enrolled- 14 -LRB102 23259 KTG 32424 b

1    unit, chapter, ship, or detachment of a military veterans
2    organization serves more than one county, then it shall be
3    permitted to select one delegate and one alternate for the
4    Veterans Assistance Commission in each county in which at
5    least 25% of its members reside.
6    (b) The Commission superintendent and the president or
7chairman of the county board, or some other county officer
8appointed by him, shall have general oversight of the
9distribution of all moneys and supplies appropriated by the
10county for the benefit of military veterans and their
11families, subject to such rules, regulations, administrative
12procedures or audit reviews as are necessary as approved by
13the Commission county board to carry out the spirit and intent
14of this Act. No warrant authorized under this Act may be issued
15for the payment of money without the presentation of an
16itemized statement or claim, approved by the superintendent of
17the Commission.
18    If general assistance funds are allocated to a county for
19assistance to military veterans and their families as provided
20in the Illinois Public Aid Code, the administration of such
21funds and of county tax funds levied for such purpose as
22provided in Section 5-2006 of the Counties Code shall be
23subject to the supervision of the Department of Human Services
24in accordance with the provisions of the Illinois Public Aid
25Code.
26    (c) The Veterans Assistance Commission shall be in charge

 

 

HB5184 Enrolled- 15 -LRB102 23259 KTG 32424 b

1of the administration of any benefits provided under Articles
2VI and IX of the Illinois Public Aid Code for military veterans
3and their families. The Veterans Assistance Commission shall
4represent veterans in their application for benefits through
5State and federal agencies, including representing veterans in
6their appeals of adverse decisions. The superintendent of the
7Veterans Assistance Commission and its employees must comply
8with the procedures and regulations adopted by the Veterans
9Assistance Commission and the regulations of the Department of
10Human Services. To further the intent of this Act of assisting
11military veterans, this Act is to be construed so that the
12Veterans Assistance Commission shall provide needed services
13to eligible veterans.
14(Source: P.A. 102-484, eff. 8-20-21.)
 
15    (330 ILCS 45/10)  (from Ch. 23, par. 3090)
16    Sec. 10. The executive powers of the Commission commission
17shall be vested in a superintendent elected by the Commission
18who received an honorable discharge from commission from among
19those who served in the armed forces of the United States. The
20superintendent, designated superintendent of the Veterans
21Assistance Commission Superintendent of Veterans Assistance of
22the county, shall, under the direction of the Commission
23commission, have charge of and maintain an office in the
24county building or a other central location within the county,
25to be used solely by the Commission commission for providing

 

 

HB5184 Enrolled- 16 -LRB102 23259 KTG 32424 b

1the just, necessary, and needed services mandated by law
2carrying on its assistance work. The county shall provide for
3the funding of the office and furnish all necessary supplies,
4including telephone, printing, stationery, and postage
5therefor.
6    The county board shall, in any county where a Veterans
7Assistance Commission is organized, in addition to sums
8appropriated for these just, necessary, and needed services as
9provided by law and approved by the Commission assistance and
10emergency assistance purposes under this Act, appropriate such
11additional sums, upon recommendation of the Veterans
12Assistance Commission and as approved by the county board, to
13properly compensate the officers and employees required to
14administer such assistance. Such county board approval shall
15be based upon recognized and established salary guidelines
16developed by the county and used by the county to compensate
17county employees. If the county does not have established
18employee salary guidelines, the county board shall provide
19funds to the commission to compensate the superintendent and
20his employees in a just manner. The county board shall also
21provide funds to the Commission commission to reimburse the
22superintendent, officers, delegates and employees for certain
23expenses which are approved by the Commission commission. The
24superintendent and other employees shall be employees of the
25Veterans Assistance Commission, and no provision in this
26Section or elsewhere in this Act shall be construed to mean

 

 

HB5184 Enrolled- 17 -LRB102 23259 KTG 32424 b

1that they are employees of the county.
2    Superintendents, subject to rules formulated by the
3Commission commission, shall select, as far as possible,
4Veteran Service Officers secretaries and other employees from
5among honorably discharged military veterans who did not
6receive a bad conduct or dishonorable discharge as defined in
7Section 2, or their surviving spouses.
8    In a county with less than 2,000,000 inhabitants, the
9superintendent may, in conformance with subsection (f) of
10Section 3-9005 of the Counties Code, request legal assistance
11from the State's Attorney serving the county in which the
12Veterans Assistance Commission is located.
13    Superintendents of all counties subject to this Act, when
14required by the Commission, commission, shall give bond in the
15sum of $2,000 for the faithful performance of their duties.
16    All persons elected or selected to fill positions provided
17for in this Section shall be exempt from the operation and
18provisions of any civil service act or laws of this State, and
19the secretary of the Commission commission shall be appointed
20by the superintendent. However, if "The Illinois Public Aid
21Code", as amended, becomes applicable in any county, the
22Department of Human Services may exercise the powers therein
23designated in relation to employees engaged in the
24administration of assistance under this Act.
25(Source: P.A. 102-56, eff. 7-9-21.)
 

 

 

HB5184 Enrolled- 18 -LRB102 23259 KTG 32424 b

1    (330 ILCS 45/11 rep.)
2    Section 20. The Military Veterans Assistance Act is
3amended by repealing Section 11.