Illinois General Assembly - Full Text of HB5184
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Full Text of HB5184  102nd General Assembly

HB5184ham002 102ND GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 3/1/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5184

2    AMENDMENT NO. ______. Amend House Bill 5184 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1exceed .04% of the assessed value, the county board shall
2certify the proposition to the proper election officials who
3shall submit the proposition at the next general election in
4accordance with the general election law. If a majority of the
5electors vote in favor of the proposition, the county board
6may, annually, levy the tax as authorized. The proceeds of any
7tax so levied shall be used exclusively for the assistance
8purposes authorized thereunder, and a portion thereof may be
9expended for the salaries or expenses of any officers or
10employees of the Veterans Assistance Commission or for any
11other expenses incident to the administration of such
12assistance.
13    The tax shall be separate from the in addition to all other
14taxes which the county is authorized to levy on the aggregate
15valuation of the property within the county and shall not be
16included in any tax limitation of the rate upon which taxes are
17required to be extended, but shall be excluded therefrom and
18in addition thereto. The tax shall be levied and collected in
19like manner as the general taxes of the county, and, when
20collected, shall be paid into a special fund in the county
21treasury and used only as herein authorized, or disbursed from
22the county treasury of a county in which a properly organized
23Veterans Assistance Commission is authorized under Section
243-11008 of this Code.
25    The limitations on tax rates herein provided may be
26increased or decreased under the referendum provisions of the

 

 

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1General Revenue Law of Illinois.
2    If a county has levied the tax herein authorized or
3otherwise meets the conditions set out in Section 12-21.13 of
4"the Illinois Public Aid Code", to qualify for State funds to
5supplement local funds for public purposes under Articles III,
6IV, V, VI, and VII, and IX of that Code and otherwise meets the
7conditions set out in Article XII of that Code for receipt of
8State aid, the Illinois Department of Human Services shall
9allocate and pay to the county such additional sums as it
10determines to be necessary to meet the needs of assistance to
11military veterans and their families in the county and
12expenses incident to the administration of such assistance.
13County Veterans Assistance Commissions shall be in charge of
14the administration of such assistance provided under Articles
15VI and IX of the Illinois Public Aid Code for military veterans
16and their families.
17
18(Source: P.A. 89-507, eff. 7-1-97.)
 
19    Section 10. The Illinois Public Aid Code is amended by
20changing Section 2-14 as follows:
 
21    (305 ILCS 5/2-14)  (from Ch. 23, par. 2-14)
22    Sec. 2-14. "Local governmental unit". Every county, city,
23village, incorporated town or township charged with the duty
24of providing public aid under Article VI; and County Veterans

 

 

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1Assistance Commissions providing general assistance to
2indigent war veterans and their families under Section
312-21.13 of Article XII.
4    However, should any Section of this Code impose the
5obligation of providing medical assistance to persons who are
6non-residents of the State of Illinois upon a local
7governmental unit, the term "local governmental unit" shall
8not include townships. In such case the obligation for
9providing medical assistance to non-residents which would
10otherwise be the duty of a township shall become the
11obligation of the Department of Healthcare and Family
12Services.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    Section 15. The Military Veterans Assistance Act is
15amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
16as follows:
 
17    (330 ILCS 45/1)  (from Ch. 23, par. 3081)
18    Sec. 1. Definitions. As used in this Act:
19    "Veteran service organization" means a post, ship, camp,
20chapter, or detachment of a congressionally chartered or state
21chartered veteran service organization.
22    The term "Administrator Overseer of military veterans
23assistance" means the commanders of the various veteran
24service organizations, the superintendent of a County Veterans

 

 

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1Assistance Commission, or other , as used in this Act, shall be
2construed to mean all persons whose duty it is, under the
3existing statutes, to care for, relieve or maintain, wholly or
4in part, any person who may be entitled to such assistance
5under the statutes of the State of Illinois. This Act shall not
6infringe upon the mandated powers and authorities vested in
7the Illinois Department of Veterans' Affairs.
8(Source: P.A. 87-796.)
 
9    (330 ILCS 45/2)  (from Ch. 23, par. 3082)
10    Sec. 2. For the just, necessary, and needed assistance and
11services assistance of military veterans, who served in the
12Armed Forces of the United States and did not receive a bad
13conduct or dishonorable discharge , whose last discharge from
14the service was honorable to be eligible for assistance, their
15families, and the families of deceased veterans with service
16as described in this Section who need assistance and services.
17        (1) The supervisor of general assistance or the county
18    board shall provide such sums of money as may be just and
19    necessary to be drawn by the commander, quartermaster or
20    commandant of any post, ship, camp, chapter or detachment
21    of any congressionally chartered or state chartered
22    veterans service organization, in the city or town, or the
23    superintendent of any Veterans' Assistance Commission of
24    the county, upon the recommendation of the assistance
25    committee of the post, ship, camp, chapter or Veterans'

 

 

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1    Assistance Commission.
2            (A) Funding for Veterans Assistance Commissions
3        may be derived from 3 sources, if applicable:
4                (i) a tax levied under Section 5-2006 of the
5            Counties Code and Section 12-21.13 of the Illinois
6            Public Aid Code;
7                (ii) funds from the county general corporate
8            fund; and
9                (iii) State funds from the Department of Human
10            Services.
11            (B) The minimum amount to be provided annually to
12        Veterans Assistance Commissions is provided in Section
13        12-21.13 of the Illinois Public Aid Code, unless the
14        delegates of the County Veterans Assistance Commission
15        determine that a lesser amount covers the just and
16        necessary sums.
17        (2) If any supervisor of general assistance or county
18    board fails or refuses after such recommendation to
19    provide any just and necessary sums of money for such
20    assistance, then the veteran service organization
21    commander, post, chapter, or detachment or the
22    superintendent of any Veterans' Assistance Commission
23    located in the district of such supervisor of general
24    assistance or such county board shall apply to the circuit
25    court of the district or county for relief by mandamus
26    upon the supervisor of general assistance or county board

 

 

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

 

 

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1    (330 ILCS 45/4)  (from Ch. 23, par. 3084)
2    Sec. 4. Upon the taking effect of this Act, the commander
3of any veteran service organization, or in a county in which a
4County Veterans Assistance Commission is properly created post
5or camp of a military veterans organization, which shall
6undertake the assistance of military veterans and their
7families, as hereinbefore provided, before the acts of the
8commander, quartermaster or commandant shall be operative in
9any city or town, shall file with the city clerk of such city
10or town clerk of such town, or administrator overseer of
11military veterans assistance of such town or county, a notice
12that said veteran service organization post, camp, chapter or
13detachment intends to undertake such assistance as is provided
14by this Act, and such notice shall contain the names of the
15assistance committee of the veteran service organization post,
16camp, chapter or detachment in such city or town, and the
17commander and other officers of said veteran service
18organization post, camp, chapter or detachment. And the
19commander of the veteran service organization post, camp,
20chapter or detachment shall annually thereafter, during the
21month of October, file a similar notice with the city or town
22clerk, or the administrator overseer of military veterans
23assistance, also a detailed statement of the amount of
24assistance furnished during the preceding year, with the names
25of all persons to whom such assistance shall have been
26furnished, together with a brief statement in such case from

 

 

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

 

 

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

 

 

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

 

 

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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 shall 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

 

 

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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 veteran service
10    organizations posts, camps, units, chapters, ships, or
11    detachments of the same military veterans organization,
12    all the constituent veteran service organizations posts,
13    camps, units, chapters, ships, or detachments of such
14    military organizations shall be permitted to select a
15    single delegate and single alternate to represent that
16    veteran service organization military veterans
17    organization instead of each constituent veteran service
18    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
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

 

 

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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
18commission from among those who served honorably in the armed
19forces of the United States. The superintendent, designated
20superintendent of veterans assistance Superintendent of
21Veterans Assistance of the county, shall, under the direction
22of the Commission commission, have charge of and maintain an
23office in the county building or a other central location
24within the county, to be used solely by the Commission
25commission for providing the just, necessary, and needed

 

 

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

 

 

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1    Superintendents, subject to rules formulated by the
2Commission commission, shall select, as far as possible,
3Veteran Service Officers secretaries and other employees from
4among honorably discharged military veterans who did not
5receive a bad conduct or dishonorable discharge as defined in
6Section 2, or their surviving spouses.
7    In a county with less than 2,000,000 inhabitants, the
8superintendent may, in conformance with subsection (f) of
9Section 3-9005 of the Counties Code, request legal assistance
10from the State's Attorney serving the county in which the
11Veterans Assistance Commission is located.
12    Superintendents of all counties subject to this Act, when
13required by the Commission, commission, shall give bond in the
14sum of $2,000 for the faithful performance of their duties.
15    All persons elected or selected to fill positions provided
16for in this Section shall be exempt from the operation and
17provisions of any civil service act or laws of this State, and
18the secretary of the Commission commission shall be appointed
19by the superintendent. However, if "The Illinois Public Aid
20Code", as amended, becomes applicable in any county, the
21Department of Human Services may exercise the powers therein
22designated in relation to employees engaged in the
23administration of assistance under this Act.
24(Source: P.A. 102-56, eff. 7-9-21.)
 
25    (330 ILCS 45/11 rep.)

 

 

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1    Section 20. The Military Veterans Assistance Act is
2amended by repealing Section 11.".