Full Text of HB5184 102nd General Assembly
HB5184enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning veterans.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Section 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 | 8 | | veterans assistance commission . The county
board of each | 9 | | county having a population of less than 3 million in which
| 10 | | there is a Veterans Assistance Commission as provided in | 11 | | Section 9 of the
Military Veterans Assistance Act may levy a | 12 | | tax of not to exceed .03% of
the assessed value annually on all | 13 | | taxable property of the county, for the
purpose of providing | 14 | | assistance to military veterans and their families
pursuant to | 15 | | such Act. Whenever not less than 10% of the electors of the
| 16 | | county petition the county board to levy the tax at not to | 17 | | exceed .04% of
the assessed value, the county board shall | 18 | | certify the proposition to the
proper election officials who | 19 | | shall submit the proposition at the next
general election in | 20 | | accordance with the general election law. If a majority
of the | 21 | | electors vote in favor of the proposition, the county board | 22 | | may,
annually, levy the tax as authorized. The proceeds of any | 23 | | tax so levied
shall be used exclusively for the assistance |
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| 1 | | purposes authorized
thereunder, and a portion thereof may be | 2 | | expended for the salaries or
expenses of any officers or | 3 | | employees of the Veterans Assistance Commission
or for any | 4 | | other expenses incident to the administration of such | 5 | | assistance.
| 6 | | The tax shall be separate from all other taxes which the
| 7 | | county is authorized to in addition to all other taxes which | 8 | | the county is
authorized to levy on the aggregate valuation of | 9 | | the property within the
county and shall not be included in any | 10 | | tax limitation of the rate upon
which taxes are required to be | 11 | | extended, but shall be excluded therefrom
and in addition | 12 | | thereto. The tax shall be levied and collected in like
manner | 13 | | as the general taxes of the county, and, when collected, shall | 14 | | be
paid into a special fund in the county treasury and used | 15 | | only as herein
authorized , or disbursed from the county | 16 | | treasury of a county in which a properly organized Veterans | 17 | | Assistance Commission is authorized under Section 3-11008 of | 18 | | this Code .
| 19 | | The limitations on tax rates herein provided may be | 20 | | increased or decreased
under the referendum provisions of the | 21 | | General Revenue Law of Illinois.
| 22 | | If a county has levied the tax herein authorized or | 23 | | otherwise meets the
conditions set out in Section 12-21.13 of | 24 | | " the Illinois Public Aid Code " ,
to qualify for State funds to | 25 | | supplement local funds for public purposes
under Articles III, | 26 | | IV, V, VI , and IX VII of that Code and otherwise meets the |
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| 1 | | conditions
set out in Article XII of that Code for receipt of | 2 | | State aid, the Illinois
Department of Human Services shall | 3 | | allocate and pay to the
county such
additional sums as it | 4 | | determines to be necessary to meet the needs of
assistance to | 5 | | military veterans and their families in the county and
| 6 | | expenses incident to the administration of such assistance. In | 7 | | counties where a Veterans Assistance Commission has been | 8 | | properly
created, those County Veterans Assistance Commissions | 9 | | shall be in charge of the administration of such assistance | 10 | | provided under the Illinois Public Aid Code for military | 11 | | veterans and their families.
| 12 | | (Source: P.A. 89-507, eff. 7-1-97.)
| 13 | | Section 10. The Illinois Public Aid Code is amended by | 14 | | changing 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, | 17 | | village,
incorporated town or township charged with the duty | 18 | | of providing public
aid under Article VI; and County Veterans | 19 | | Assistance Commissions
providing general assistance to | 20 | | indigent war veterans and their families
under Section | 21 | | 12-21.13 of Article XII.
| 22 | | However, should any Section of this Code impose the | 23 | | obligation of
providing medical assistance to persons who are | 24 | | non-residents of the
State of Illinois upon a local |
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| 1 | | governmental unit, the term "local
governmental unit" shall | 2 | | not include townships. In such case the
obligation for | 3 | | providing medical assistance to non-residents which would
| 4 | | otherwise be the duty of a township shall become the | 5 | | obligation of the
Department of Healthcare and Family | 6 | | Services.
| 7 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 8 | | Section 15. The Military Veterans Assistance Act is | 9 | | amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 | 10 | | as 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, | 14 | | chapter, or
detachment of a congressionally chartered or state | 15 | | chartered organization. | 16 | | The term " Administrator Overseer of military veterans | 17 | | assistance" means the commanders of the various veteran | 18 | | service organizations, the superintendent of a County Veterans | 19 | | Assistance Commission, or other , as used in
this Act, shall be | 20 | | construed to mean all persons whose duty it is, under
the | 21 | | existing statutes, to care for, relieve or maintain, wholly or | 22 | | in part,
any person who may be entitled to such assistance | 23 | | under the statutes of the
State of Illinois. This Act shall not | 24 | | infringe upon the mandated powers and
authorities vested in |
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| 1 | | the 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 | 5 | | services assistance of military veterans, who served in the | 6 | | Armed
Forces of the United States and whose last discharge | 7 | | from the service was
honorable or general under honorable | 8 | | conditions , whose last discharge from the service was
| 9 | | honorable to be eligible for assistance, their families, and | 10 | | the families
of deceased veterans with service as described in | 11 | | this 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 |
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| 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 . |
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| 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 | 12 | | a military veterans
organization, in any town in which it is | 13 | | necessary that such assistance
as provided in Section 2 should | 14 | | be granted, the administrator overseer of
military veterans | 15 | | assistance shall accept and pay the orders
drawn, as | 16 | | hereinbefore provided by the commander, quartermaster
or | 17 | | commandant of any veteran service organization post or camp of | 18 | | a military veterans organization ,
upon the recommendation of | 19 | | an assistance committee, who shall
be residents of the said | 20 | | town 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 | 24 | | of any veteran service organization or any properly created |
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| 1 | | Veterans
Assistance Commission post or
camp of a military | 2 | | veterans organization , which shall undertake the
assistance of | 3 | | military veterans and their families, as hereinbefore
| 4 | | provided, before the acts of the commander, quartermaster , or | 5 | | commandant
shall be operative in any city or town, shall file | 6 | | with the city clerk of
such city or town clerk of such town, or | 7 | | administrator overseer of military veterans
assistance of such | 8 | | town or county, a notice that said veteran service | 9 | | organization or Veterans Assistance Commission post, camp, | 10 | | chapter
or detachment intends to undertake such assistance as | 11 | | is provided by this
Act, and such notice shall contain the | 12 | | names of the assistance committee of
the veteran service | 13 | | organization or Veterans Assistance Commission post, camp, | 14 | | chapter or detachment in such city or town, and the
commander | 15 | | and other officers of said veteran service organization or | 16 | | Veterans Assistance Commission post, camp, chapter or | 17 | | detachment .
And the commander of the veteran service | 18 | | organization or Veterans Assistance Commission post, camp, | 19 | | chapter or detachment shall annually
thereafter, during the | 20 | | month of October, file a similar notice with the
city or town | 21 | | clerk, or the administrator overseer of military veterans | 22 | | assistance, also a
detailed statement of the amount of | 23 | | assistance furnished during the
preceding year, with the names | 24 | | of all persons to whom such assistance shall
have been | 25 | | furnished, together with a brief statement in such case from | 26 | | the
assistance committee upon whose recommendation the orders |
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| 1 | | were drawn. Any
person who fails or neglects so to do at the | 2 | | time required by this Act
shall be guilty of a petty offense | 3 | | and fined $250 to be recovered in the
name of the county in the | 4 | | circuit 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 | 8 | | auditor , or the administrator overseer of
military veterans | 9 | | assistance of any city, town , or county, may require of
the | 10 | | commander, quartermaster , or
commandant of any veteran service | 11 | | organization, or superintendent of any properly organized | 12 | | Veterans Assistance Commission or detachment of any post or | 13 | | camp of a
military veterans organization , undertaking such | 14 | | assistance in any city or
town, a bond with sufficient and | 15 | | satisfactory sureties for the faithful and
honest discharge of | 16 | | their 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 | 20 | | hereby prohibited
from sending military veterans (or their | 21 | | families or the families of those
deceased) to any almshouse | 22 | | (or orphan asylum) without the full concurrence
and consent of | 23 | | the commander and assistance committee of the post or camp
of a | 24 | | military veterans organization having jurisdiction as provided |
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| 1 | | in
Sections 2 and 3 of this Act. Military veterans with | 2 | | families and the
families of deceased veterans, shall, | 3 | | whenever practicable, be provided for
and assisted at their | 4 | | homes in such city or town in which they shall have a
| 5 | | residence, in the manner provided in Sections 2 and 3 of this | 6 | | Act. Needy veterans or veterans with disabilities of the | 7 | | classes specified in Section 2 of this Act, who
are not | 8 | | mentally ill, and who have no families or friends with which | 9 | | they
may be domiciled, may be sent to any veterans home. Any | 10 | | less fortunate
veteran of either of the classes specified in | 11 | | Section 2 of this Act or any
member of the family of any living | 12 | | or deceased veteran of said classes, who
may be mentally ill, | 13 | | shall, upon the recommendation of the commander
and assistance | 14 | | committee of such post or camp of a military veterans
| 15 | | organization, within the jurisdiction of which the case may | 16 | | occur, be sent
to any mental health facility and cared for as | 17 | | provided 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 | 21 | | city or town
more than one veteran service organization post | 22 | | or camp of military veterans organizations , it shall be
the | 23 | | duty of the commander , quartermaster, or commandant of each | 24 | | veteran service organization post, camp, chapter or detachment | 25 | | within
such limits, to send to the commander , quartermaster, |
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| 1 | | or commandant of every other veteran service organization | 2 | | post, camp, chapter or
detachment , as the case may be, within | 3 | | said limits, on the first day of
each month, a written list of | 4 | | the names of all persons to whom assistance
has been granted | 5 | | during 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 | 9 | | veteran service organization post or camp of a military | 10 | | veterans
organization, congressionally chartered or state | 11 | | chartered
commander, or the superintendent of any county | 12 | | Veterans' Assistance
Commission of Illinois shall annually | 13 | | report to the Governor, on or before
the first day of January | 14 | | of each year, such portions of the transactions of
the | 15 | | aforementioned veteran service organization or Veterans | 16 | | Assistance Commission veterans' organizations relating thereto | 17 | | as the commander or superintendent he
may deem to be of | 18 | | interest 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 | 23 | | organizations posts, camps, chapters or detachments
of | 24 | | military veterans organizations as may be recognized by law , |
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| 1 | | the veteran service organizations may come together to form a , | 2 | | a central
assistance committee may be organized to be known as | 3 | | the Veterans
Assistance Commission of such county . The | 4 | | Veterans Assistance Commission of such county may act as the | 5 | | central service office for all veterans and their families and | 6 | | for the families of deceased veterans. The Commission shall be | 7 | | , composed of delegates and alternates from a majority of such | 8 | | veteran service organizations posts, camps, units, and | 9 | | chapters or ship
selected annually as determined by each | 10 | | veteran service organization post, ship, camp, or
chapter . | 11 | | When so organized a Commission commission shall be clothed | 12 | | with all the
powers and charged with all the duties | 13 | | theretofore devolving upon the
different veteran service | 14 | | organizations within the county posts and chapters as provided | 15 | | in 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 |
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| 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, |
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| 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 | 7 | | chairman of the
county board, or some other county officer | 8 | | appointed by him, shall have
general oversight of the | 9 | | distribution of all moneys and supplies
appropriated by the | 10 | | county for the benefit of military veterans and
their | 11 | | families, subject to such rules, regulations, administrative
| 12 | | procedures or audit reviews as are necessary as approved by | 13 | | the Commission county
board to carry out the spirit and intent | 14 | | of this Act. No warrant authorized
under this Act may be issued | 15 | | for the payment of money without the
presentation of an | 16 | | itemized statement or claim, approved by the
superintendent of | 17 | | the Commission.
| 18 | | If general assistance funds are allocated to a county for | 19 | | assistance to
military veterans and their families as provided | 20 | | in the Illinois
Public Aid Code, the administration of such | 21 | | funds and of county tax funds
levied for such purpose as | 22 | | provided in Section 5-2006 of the Counties Code
shall be | 23 | | subject to the supervision of the Department of Human
Services | 24 | | in accordance with the provisions of the Illinois Public Aid | 25 | | Code. | 26 | | (c) The Veterans Assistance Commission shall be in charge |
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| 1 | | of the administration of any benefits provided under Articles | 2 | | VI and IX of the Illinois Public Aid Code for military veterans | 3 | | and their families. The Veterans Assistance Commission shall | 4 | | represent veterans in their application for benefits through | 5 | | State and federal agencies, including representing veterans in | 6 | | their appeals of adverse decisions. The
superintendent of the | 7 | | Veterans Assistance Commission and its employees must comply | 8 | | with the
procedures and regulations adopted by the Veterans | 9 | | Assistance Commission
and the regulations of the Department of | 10 | | Human Services. To further
the intent of this Act of assisting | 11 | | military veterans, this Act is to be
construed so that the | 12 | | Veterans Assistance Commission shall provide needed
services | 13 | | to 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 | 17 | | shall be vested in a
superintendent elected by the Commission | 18 | | who received an honorable discharge from commission from among | 19 | | those who served in
the armed forces of the United States. The | 20 | | superintendent,
designated superintendent of the Veterans | 21 | | Assistance Commission Superintendent of Veterans Assistance of | 22 | | the county , shall,
under the direction of the Commission | 23 | | commission , have charge of and maintain an
office in the | 24 | | county building or a other central location within the county , | 25 | | to be used solely
by the Commission commission for providing |
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| 1 | | the just, necessary, and needed services mandated by law | 2 | | carrying on its assistance work . The county shall
provide for | 3 | | the funding of the office and furnish all necessary supplies, | 4 | | including telephone,
printing, stationery , and postage | 5 | | therefor.
| 6 | | The county board shall, in any county where a Veterans | 7 | | Assistance
Commission is organized, in addition to sums | 8 | | appropriated for these just, necessary, and needed services as | 9 | | provided by law and approved by the Commission assistance and
| 10 | | emergency assistance purposes under this Act, appropriate such | 11 | | additional
sums, upon recommendation of the Veterans | 12 | | Assistance Commission and as
approved by the county board , to | 13 | | properly compensate the officers and
employees required to | 14 | | administer such assistance. Such county board
approval shall | 15 | | be based upon recognized and established salary guidelines
| 16 | | developed by the county and used by the county to compensate | 17 | | county
employees. If the county does not have established | 18 | | employee salary
guidelines, the county board shall provide | 19 | | funds to the commission to
compensate the superintendent and | 20 | | his employees in a just manner. The
county board shall also | 21 | | provide funds to the Commission commission to reimburse the
| 22 | | superintendent, officers, delegates and employees for certain | 23 | | expenses
which are approved by the Commission commission . The | 24 | | superintendent and other
employees shall be employees of the | 25 | | Veterans Assistance Commission, and no
provision in this | 26 | | Section or elsewhere in this Act shall be construed to
mean |
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| 1 | | that they are employees of the county.
| 2 | | Superintendents, subject to rules formulated by the | 3 | | Commission commission , shall select,
as far as possible, | 4 | | Veteran Service Officers secretaries and other employees from | 5 | | among honorably
discharged military veterans who did not | 6 | | receive a bad conduct or dishonorable discharge as defined in | 7 | | Section 2 , or their surviving
spouses.
| 8 | | In a county with less than 2,000,000 inhabitants, the | 9 | | superintendent may, in conformance with subsection (f) of | 10 | | Section 3-9005 of the Counties Code, request legal assistance | 11 | | from the State's Attorney serving the county in which the | 12 | | Veterans Assistance Commission is located. | 13 | | Superintendents of all counties subject to this Act, when | 14 | | required by the Commission,
commission, shall give bond in the | 15 | | sum of $2,000 for the faithful performance
of their duties.
| 16 | | All persons elected or selected to fill positions provided | 17 | | for in this
Section shall be exempt from the operation and | 18 | | provisions of any civil service
act or laws of this State, and | 19 | | the secretary of the Commission commission shall be
appointed | 20 | | by the superintendent. However, if "The Illinois Public Aid | 21 | | Code",
as amended, becomes applicable in any county, the | 22 | | Department of
Human Services may exercise the powers therein | 23 | | designated in relation to
employees
engaged in the | 24 | | administration of assistance under this Act.
| 25 | | (Source: P.A. 102-56, eff. 7-9-21.)
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| 1 | | (330 ILCS 45/11 rep.) | 2 | | Section 20. The Military Veterans Assistance Act is | 3 | | amended by repealing Section 11.
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