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

HB5184sam001 102ND GENERAL ASSEMBLY

Sen. Craig Wilcox

Filed: 3/16/2022

 

 


 

 


 
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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 all other taxes which the
14county is authorized to in addition to all other taxes which
15the county is authorized to levy on the aggregate valuation of
16the property within the county and shall not be included in any
17tax limitation of the rate upon which taxes are required to be
18extended, but shall be excluded therefrom and in addition
19thereto. The tax shall be levied and collected in like manner
20as the general taxes of the county, and, when collected, shall
21be paid into a special fund in the county treasury and used
22only as herein authorized, or disbursed from the county
23treasury of a county in which a properly organized Veterans
24Assistance Commission is authorized under Section 3-11008 of
25this Code.
26    The limitations on tax rates herein provided may be

 

 

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

 

 

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1of providing public aid under Article VI; and County Veterans
2Assistance Commissions providing general assistance to
3indigent war veterans and their families under Section
412-21.13 of Article XII.
5    However, should any Section of this Code impose the
6obligation of providing medical assistance to persons who are
7non-residents of the State of Illinois upon a local
8governmental unit, the term "local governmental unit" shall
9not include townships. In such case the obligation for
10providing medical assistance to non-residents which would
11otherwise be the duty of a township shall become the
12obligation of the Department of Healthcare and Family
13Services.
14(Source: P.A. 95-331, eff. 8-21-07.)
 
15    Section 15. The Military Veterans Assistance Act is
16amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
17as follows:
 
18    (330 ILCS 45/1)  (from Ch. 23, par. 3081)
19    Sec. 1. Definitions. As used in this Act:
20    "Veteran service organization" means a post, ship, camp,
21chapter, or detachment of a congressionally chartered or state
22chartered organization.
23    The term "Administrator Overseer of military veterans
24assistance" means the commanders of the various veteran

 

 

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

 

 

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

 

 

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1    assistance or such county board shall apply to the circuit
2    court of the district or county for relief by mandamus
3    upon the supervisor of general assistance or county board
4    requiring him, her or it to pay, or to appropriate and pay
5    such sums of money, and upon proof made of the justice and
6    necessity of the claim, the circuit court shall grant the
7    sums so requested such assistance.
8        (3) Such sums of money shall be drawn in the manner now
9    provided under Section 5-2006 of the Counties Code and
10    Section 12-21.13 of the Illinois Public Aid Code by law
11    for the assistance of the poor. Orders of commanders,
12    quartermasters, commandants, or superintendents of those
13    veterans service organizations or those Veterans'
14    Assistance Commissions shall be proper warrants vouchers
15    for the expenditure of such sums of money.
16(Source: P.A. 87-796.)
 
17    (330 ILCS 45/3)  (from Ch. 23, par. 3083)
18    Sec. 3. In case there is no veteran service post or camp of
19a military veterans organization, in any town in which it is
20necessary that such assistance as provided in Section 2 should
21be granted, the administrator overseer of military veterans
22assistance shall accept and pay the orders drawn, as
23hereinbefore provided by the commander, quartermaster or
24commandant of any veteran service organization post or camp of
25a military veterans organization, upon the recommendation of

 

 

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1an assistance committee, who shall be residents of the said
2town in which the assistance may be furnished.
3(Source: P.A. 87-796.)
 
4    (330 ILCS 45/4)  (from Ch. 23, par. 3084)
5    Sec. 4. Upon the taking effect of this Act, the commander
6of any veteran service organization or any properly created
7Veterans Assistance Commission post or camp of a military
8veterans organization, which shall undertake the assistance of
9military veterans and their families, as hereinbefore
10provided, before the acts of the commander, quartermaster, or
11commandant shall be operative in any city or town, shall file
12with the city clerk of such city or town clerk of such town, or
13administrator overseer of military veterans assistance of such
14town or county, a notice that said veteran service
15organization or Veterans Assistance Commission post, camp,
16chapter or detachment intends to undertake such assistance as
17is provided by this Act, and such notice shall contain the
18names of the assistance committee of the veteran service
19organization or Veterans Assistance Commission post, camp,
20chapter or detachment in such city or town, and the commander
21and other officers of said veteran service organization or
22Veterans Assistance Commission post, camp, chapter or
23detachment. And the commander of the veteran service
24organization or Veterans Assistance Commission post, camp,
25chapter or detachment shall annually thereafter, during the

 

 

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1month of October, file a similar notice with the city or town
2clerk, or the administrator overseer of military veterans
3assistance, also a detailed statement of the amount of
4assistance furnished during the preceding year, with the names
5of all persons to whom such assistance shall have been
6furnished, together with a brief statement in such case from
7the assistance committee upon whose recommendation the orders
8were drawn. Any person who fails or neglects so to do at the
9time required by this Act shall be guilty of a petty offense
10and fined $250 to be recovered in the name of the county in the
11circuit court.
12(Source: P.A. 87-796.)
 
13    (330 ILCS 45/5)  (from Ch. 23, par. 3085)
14    Sec. 5. The auditing board of any city or town or county
15auditor, or the administrator overseer of military veterans
16assistance of any city, town, or county, may require of the
17commander, quartermaster, or commandant of any veteran service
18organization, or superintendent of any properly organized
19Veterans Assistance Commission or detachment of any post or
20camp of a military veterans organization, undertaking such
21assistance in any city or town, a bond with sufficient and
22satisfactory sureties for the faithful and honest discharge of
23their duties under this Act.
24(Source: P.A. 87-796.)
 

 

 

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1    (330 ILCS 45/6)  (from Ch. 23, par. 3086)
2    Sec. 6. Overseers of military veterans assistance are
3hereby prohibited from sending military veterans (or their
4families or the families of those deceased) to any almshouse
5(or orphan asylum) without the full concurrence and consent of
6the commander and assistance committee of the post or camp of a
7military veterans organization having jurisdiction as provided
8in Sections 2 and 3 of this Act. Military veterans with
9families and the families of deceased veterans, shall,
10whenever practicable, be provided for and assisted at their
11homes in such city or town in which they shall have a
12residence, in the manner provided in Sections 2 and 3 of this
13Act. Needy veterans or veterans with disabilities of the
14classes specified in Section 2 of this Act, who are not
15mentally ill, and who have no families or friends with which
16they may be domiciled, may be sent to any veterans home. Any
17less fortunate veteran of either of the classes specified in
18Section 2 of this Act or any member of the family of any living
19or deceased veteran of said classes, who may be mentally ill,
20shall, upon the recommendation of the commander and assistance
21committee of such post or camp of a military veterans
22organization, within the jurisdiction of which the case may
23occur, be sent to any mental health facility and cared for as
24provided for indigent persons who are mentally ill.
25(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

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1    (330 ILCS 45/7)  (from Ch. 23, par. 3087)
2    Sec. 7. In case there shall be within the limits of any
3city or town more than one veteran service organization post
4or camp of military veterans organizations, it shall be the
5duty of the commander, quartermaster, or commandant of each
6veteran service organization post, camp, chapter or detachment
7within such limits, to send to the commander, quartermaster,
8or commandant of every other veteran service organization
9post, camp, chapter or detachment, as the case may be, within
10said limits, on the first day of each month, a written list of
11the names of all persons to whom assistance has been granted
12during the preceding month, under the provisions of this Act.
13(Source: P.A. 87-796.)
 
14    (330 ILCS 45/8)  (from Ch. 23, par. 3088)
15    Sec. 8. The commander, quartermaster, or commandant of any
16veteran service organization post or camp of a military
17veterans organization, congressionally chartered or state
18chartered commander, or the superintendent of any county
19Veterans' Assistance Commission of Illinois shall annually
20report to the Governor, on or before the first day of January
21of each year, such portions of the transactions of the
22aforementioned veteran service organization or Veterans
23Assistance Commission veterans' organizations relating thereto
24as the commander or superintendent he may deem to be of
25interest to that organization and the people of the State.

 

 

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1(Source: P.A. 87-796.)
 
2    (330 ILCS 45/9)  (from Ch. 23, par. 3089)
3    Sec. 9. Veterans Assistance Commission.
4    (a) In counties having 2 or more veteran service
5organizations posts, camps, chapters or detachments of
6military veterans organizations as may be recognized by law,
7the veteran service organizations may come together to form a ,
8a central assistance committee may be organized to be known as
9the Veterans Assistance Commission of such county. The
10Veterans Assistance Commission of such county may act as the
11central service office for all veterans and their families and
12for the families of deceased veterans. The Commission shall be
13, composed of delegates and alternates from a majority of such
14veteran service organizations posts, camps, units, and
15chapters or ship selected annually as determined by each
16veteran service organization post, ship, camp, or chapter.
17When so organized a Commission commission shall be clothed
18with all the powers and charged with all the duties
19theretofore devolving upon the different veteran service
20organizations within the county posts and chapters as provided
21in Section 2.
22        (1) Every Beginning on January 1, 2017, and every
23    January 1 thereafter, all Veterans Assistance Commissions
24    shall publish a notice to each veteran service
25    organization post, camp, unit, chapter, ship, or

 

 

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1    detachment of a military veterans organization within
2    their respective county calling on them to select
3    delegates and alternates for that county's Veterans
4    Assistance Commission by the methods provided in this
5    subsection. The Veterans Assistance Commissions shall
6    allow each veteran service organization until March 1 to
7    respond, at which time those delegates and alternates
8    shall begin their term of office post, camp, unit,
9    chapter, ship, or detachment of a military veterans
10    organization 60 days to respond.
11        (2) Except as provided in paragraph (3), veteran
12    service organizations posts, camps, units, chapters,
13    ships, or detachments of a military veterans organization
14    shall be permitted to select one delegate and one
15    alternate.
16        (3) In counties with 5 or more of the same veteran
17    service organizations posts, camps, units, chapters,
18    ships, or detachments of the same military veterans
19    organization, all the constituent veteran service
20    organizations posts, camps, units, chapters, ships, or
21    detachments of such military organizations shall be
22    permitted to select a single delegate and single alternate
23    to represent that veteran service organization military
24    veterans organization instead of each constituent veteran
25    service organization post, camp, unit, chapter, ship, or
26    detachment selecting one delegate and one alternate. For

 

 

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1    the purposes of meeting the majority requirement of this
2    subsection, when the constituent groups of a veteran
3    service organization military veterans organization choose
4    to select a single delegate and single alternate, the
5    single delegate and single alternate shall represent the
6    aggregate percentage of the constituent groups.
7        (4) If a veteran service organization post, camp,
8    unit, chapter, ship, or detachment of a military veterans
9    organization serves more than one county, then it shall be
10    permitted to select one delegate and one alternate for the
11    Veterans Assistance Commission in each county in which at
12    least 25% of its members reside.
13    (b) The Commission superintendent and the president or
14chairman of the county board, or some other county officer
15appointed by him, shall have general oversight of the
16distribution of all moneys and supplies appropriated by the
17county for the benefit of military veterans and their
18families, subject to such rules, regulations, administrative
19procedures or audit reviews as are necessary as approved by
20the Commission county board to carry out the spirit and intent
21of this Act. No warrant authorized under this Act may be issued
22for the payment of money without the presentation of an
23itemized statement or claim, approved by the superintendent of
24the Commission.
25    If general assistance funds are allocated to a county for
26assistance to military veterans and their families as provided

 

 

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1in the Illinois Public Aid Code, the administration of such
2funds and of county tax funds levied for such purpose as
3provided in Section 5-2006 of the Counties Code shall be
4subject to the supervision of the Department of Human Services
5in accordance with the provisions of the Illinois Public Aid
6Code.
7    (c) The Veterans Assistance Commission shall be in charge
8of the administration of any benefits provided under Articles
9VI and IX of the Illinois Public Aid Code for military veterans
10and their families. The Veterans Assistance Commission shall
11represent veterans in their application for benefits through
12State and federal agencies, including representing veterans in
13their appeals of adverse decisions. The superintendent of the
14Veterans Assistance Commission and its employees must comply
15with the procedures and regulations adopted by the Veterans
16Assistance Commission and the regulations of the Department of
17Human Services. To further the intent of this Act of assisting
18military veterans, this Act is to be construed so that the
19Veterans Assistance Commission shall provide needed services
20to eligible veterans.
21(Source: P.A. 102-484, eff. 8-20-21.)
 
22    (330 ILCS 45/10)  (from Ch. 23, par. 3090)
23    Sec. 10. The executive powers of the Commission commission
24shall be vested in a superintendent elected by the Commission
25who received an honorable discharge from commission from among

 

 

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1those who served in the armed forces of the United States. The
2superintendent, designated superintendent of the Veterans
3Assistance Commission Superintendent of Veterans Assistance of
4the county, shall, under the direction of the Commission
5commission, have charge of and maintain an office in the
6county building or a other central location within the county,
7to be used solely by the Commission commission for providing
8the just, necessary, and needed services mandated by law
9carrying on its assistance work. The county shall provide for
10the funding of the office and furnish all necessary supplies,
11including telephone, printing, stationery, and postage
12therefor.
13    The county board shall, in any county where a Veterans
14Assistance Commission is organized, in addition to sums
15appropriated for these just, necessary, and needed services as
16provided by law and approved by the Commission assistance and
17emergency assistance purposes under this Act, appropriate such
18additional sums, upon recommendation of the Veterans
19Assistance Commission and as approved by the county board, to
20properly compensate the officers and employees required to
21administer such assistance. Such county board approval shall
22be based upon recognized and established salary guidelines
23developed by the county and used by the county to compensate
24county employees. If the county does not have established
25employee salary guidelines, the county board shall provide
26funds to the commission to compensate the superintendent and

 

 

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1his employees in a just manner. The county board shall also
2provide funds to the Commission commission to reimburse the
3superintendent, officers, delegates and employees for certain
4expenses which are approved by the Commission commission. The
5superintendent and other employees shall be employees of the
6Veterans Assistance Commission, and no provision in this
7Section or elsewhere in this Act shall be construed to mean
8that they are employees of the county.
9    Superintendents, subject to rules formulated by the
10Commission commission, shall select, as far as possible,
11Veteran Service Officers secretaries and other employees from
12among honorably discharged military veterans who did not
13receive a bad conduct or dishonorable discharge as defined in
14Section 2, or their surviving spouses.
15    In a county with less than 2,000,000 inhabitants, the
16superintendent may, in conformance with subsection (f) of
17Section 3-9005 of the Counties Code, request legal assistance
18from the State's Attorney serving the county in which the
19Veterans Assistance Commission is located.
20    Superintendents of all counties subject to this Act, when
21required by the Commission, commission, shall give bond in the
22sum of $2,000 for the faithful performance of their duties.
23    All persons elected or selected to fill positions provided
24for in this Section shall be exempt from the operation and
25provisions of any civil service act or laws of this State, and
26the secretary of the Commission commission shall be appointed

 

 

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1by the superintendent. However, if "The Illinois Public Aid
2Code", as amended, becomes applicable in any county, the
3Department of Human Services may exercise the powers therein
4designated in relation to employees engaged in the
5administration of assistance under this Act.
6(Source: P.A. 102-56, eff. 7-9-21.)
 
7    (330 ILCS 45/11 rep.)
8    Section 20. The Military Veterans Assistance Act is
9amended by repealing Section 11.".