Full Text of HB2973 100th General Assembly
HB2973enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning military affairs.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Veterans Affairs Act is | 5 | | amended by changing Sections 15, 20, and 37 as follows: | 6 | | (20 ILCS 2805/15) | 7 | | Sec. 15. Veterans advisory council. | 8 | | (a) A veterans advisory council shall be established in the | 9 | | State of Illinois. The council shall consist of at least 21 | 10 | | members as follows: | 11 | | (1) Four members of the General Assembly, appointed one | 12 | | each by the President of the Senate, the Minority Leader of | 13 | | the Senate, the Speaker of the House of Representatives, | 14 | | and the Minority Leader of the House of Representatives, | 15 | | preferably from a legislative or representative district | 16 | | in which a State-operated veterans home is located. | 17 | | (2) Six veterans appointed by the Director of Veterans' | 18 | | Affairs. | 19 | | (3) One veteran appointed by the commander or president | 20 | | of each veterans service organization that is chartered by | 21 | | the federal government and by the State of Illinois and | 22 | | elects to appoint a member. | 23 | | (4) One person appointed by the Adjutant General of the |
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| 1 | | Illinois National Guard. | 2 | | (5) One person appointed by the Illinois Attorney | 3 | | General. | 4 | | (6) One person appointed by the Illinois Secretary of | 5 | | State. | 6 | | (7) One person appointed by the Director of the | 7 | | Illinois Department of Employment Security. | 8 | | (8) One person appointed by each military family | 9 | | organization that is chartered by the federal government. | 10 | | No member of the council shall be an employee or | 11 | | representative of the Department of Veterans' Affairs. | 12 | | Members of the council shall serve without compensation or | 13 | | reimbursement. | 14 | | (b) At the initial meeting of the council, the members | 15 | | shall elect from among themselves a chairman. The members shall | 16 | | draw lots to determine the length of their terms so that 9 | 17 | | members have terms that expire on July 1, 2005 and the | 18 | | remaining members have terms that expire on July 1, 2006. | 19 | | Thereafter, all members of the council shall be appointed for | 20 | | terms of 2 years. | 21 | | The appointing authority may at any time make an | 22 | | appointment to fill a vacancy for the unexpired term of a | 23 | | member. | 24 | | (c) The council shall meet quarterly or at the call of the | 25 | | chairman or at the call of the Director of Veterans' Affairs or | 26 | | the Governor. The Department shall provide meeting space and |
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| 1 | | clerical and administrative support services for the council. | 2 | | (c-5) The council shall investigate the re-entry process | 3 | | for service members who return to civilian life after being | 4 | | engaged in an active theater. The investigation shall include | 5 | | the effects of post-traumatic stress disorder, homelessness, | 6 | | disabilities, and other issues the council finds relevant to | 7 | | the re-entry process. By July 1, 2018 and by July 1 of each | 8 | | year thereafter, the council shall present an annual report of | 9 | | its findings to the Governor, the Attorney General, the | 10 | | Director of Veterans' Affairs, the Lieutenant Governor, and the | 11 | | Secretary of the United States Department of Veterans Affairs. | 12 | | The council's investigation and annual report responsibilities | 13 | | of this subsection shall be a continuation of the investigation | 14 | | and annual report responsibilities of the Illinois Discharged | 15 | | Servicemembers Task Force created under Section 20 of this Act. | 16 | | (d) The council has the power to do the following:
| 17 | | (1) Advise the Department of Veterans' Affairs with | 18 | | respect to the fulfillment of its statutory duties. | 19 | | (2) Review and study the issues and concerns that are | 20 | | most significant to Illinois veterans and advise the | 21 | | Department on those issues and concerns. | 22 | | (3) Receive a report from the Director of Veterans' | 23 | | Affairs or the Director's designee at each meeting with | 24 | | respect to the general activities of the Department. | 25 | | (4) Report to the Governor and the General Assembly | 26 | | annually describing the issues addressed and the actions |
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| 1 | | taken by the council during the year as well as any | 2 | | recommendations for future action. | 3 | | (e) The council established under this Section replaces any | 4 | | Illinois Veterans Advisory Council established under Executive | 5 | | Order No. 3 (1982).
| 6 | | (Source: P.A. 96-1266, eff. 7-26-10.) | 7 | | (20 ILCS 2805/20)
| 8 | | Sec. 20. Illinois Discharged Servicemember Task Force. The | 9 | | Illinois Discharged Servicemember Task Force is hereby created | 10 | | within the Department of Veterans' Veterans Affairs. The Task | 11 | | Force shall investigate the re-entry process for service | 12 | | members who return to civilian life after being engaged in an | 13 | | active theater. The investigation shall include the effects of | 14 | | post-traumatic stress disorder, homelessness, disabilities, | 15 | | and other issues the Task Force finds relevant to the re-entry | 16 | | process. For fiscal year 2012, the Task Force shall include the | 17 | | availability of prosthetics in its investigation. For fiscal | 18 | | year 2014, the Task Force shall include the needs of women | 19 | | veterans with respect to issues including, but not limited to, | 20 | | compensation, rehabilitation, outreach, health care, and | 21 | | issues facing women veterans in the community, and to offer | 22 | | recommendations on how best to alleviate these needs which | 23 | | shall be included in the Task Force Annual Report for 2014. The | 24 | | Task Force shall include the following members: | 25 | | (a) a representative of the Department of Veterans' |
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| 1 | | Veterans Affairs, who shall chair the committee;
| 2 | | (b) a representative from the Department of Military | 3 | | Affairs;
| 4 | | (c) a representative from the Office of the Illinois | 5 | | Attorney General;
| 6 | | (d) a member of the General Assembly appointed by the | 7 | | Speaker of the House;
| 8 | | (e) a member of the General Assembly appointed by the | 9 | | House Minority Leader;
| 10 | | (f) a member of the General Assembly appointed by the | 11 | | President of the Senate;
| 12 | | (g) a member of the General Assembly appointed by the | 13 | | Senate Minority Leader;
| 14 | | (h) 4 members chosen by the Department of Veterans' | 15 | | Veterans Affairs, who shall represent statewide veterans' | 16 | | organizations or veterans' homeless shelters;
| 17 | | (i) one member appointed by the Lieutenant Governor; | 18 | | and
| 19 | | (j) a representative of the United States Department of | 20 | | Veterans Affairs shall be invited to participate.
| 21 | | Vacancies in the Task Force shall be filled by the initial | 22 | | appointing authority. Task Force members shall serve without | 23 | | compensation, but may be reimbursed for necessary expenses | 24 | | incurred in performing duties associated with the Task Force.
| 25 | | By July 1, 2008 and by July 1 of each year thereafter | 26 | | through July 1, 2017 , the Task Force shall present an annual |
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| 1 | | report of its findings to the Governor, the Attorney General, | 2 | | the Director of Veterans' Affairs, the Lieutenant Governor, and | 3 | | the Secretary of the United States Department of Veterans | 4 | | Affairs. As soon as is practicable after the Task Force | 5 | | presents its final report due by July 1, 2017, any information | 6 | | collected by the Task Force in carrying out its duties under | 7 | | this Section shall be transferred to the Illinois Veterans' | 8 | | Advisory Council.
| 9 | | The Task Force is dissolved, and this Section is repealed, | 10 | | on July 1, 2018. | 11 | | If the Task Force becomes inactive because active theaters | 12 | | cease, the Director of Veterans Affairs may reactivate the Task | 13 | | Force if active theaters are reestablished.
| 14 | | (Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13; | 15 | | revised 9-8-16.) | 16 | | (20 ILCS 2805/37) | 17 | | Sec. 37. Illinois Joining Forces Foundation. | 18 | | (a) The General Assembly finds that navigating the "sea of | 19 | | goodwill" for those who serve in uniform is one of the greatest | 20 | | challenges that transitioning veterans face; as a result, they | 21 | | risk being unable to access many of the federal, State, and | 22 | | non-profit resources available to them. Recognizing this | 23 | | problem, the Department of Veterans' Affairs and the Department | 24 | | of Military Affairs acted to establish the Illinois Joining | 25 | | Forces initiative, a public-private network of military and |
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| 1 | | veteran-serving organizations that are working together, in | 2 | | person and online, to create a no-wrong-door system of support | 3 | | for the State's military and veteran communities. Illinois | 4 | | Joining Forces is a nation-leading model, awarded by the U.S. | 5 | | Department of Veterans Affairs and the National Association of | 6 | | State Directors of Veterans Affairs for its groundbreaking work | 7 | | in creating smarter, collaborative community support for those | 8 | | in uniform, past and present. The foundation created by this | 9 | | amendatory Act of the 98th General Assembly will serve to | 10 | | ensure the long-term sustainability of Illinois Joining | 11 | | Forces, which is critically important for the support of the | 12 | | State's military and veteran communities. | 13 | | (b) The Illinois Joining Forces Foundation shall benefit | 14 | | service members, veterans, and their families by: | 15 | | (1) convening military and veteran support | 16 | | organizations, through Illinois Joining Forces working | 17 | | groups, to build cross-sector relationships and mutual | 18 | | awareness; | 19 | | (2) providing policy recommendations through Illinois | 20 | | Joining Forces member working groups to the Illinois | 21 | | Discharged Servicemember Task Force and the Illinois | 22 | | Veterans' Advisory Council; | 23 | | (3) facilitating the transfer of information and | 24 | | knowledge among Illinois Joining Forces member | 25 | | organizations; | 26 | | (4) maintaining and continuing to build the |
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| 1 | | no-wrong-door online navigation platform; | 2 | | (5) educating Illinois Joining Forces members and | 3 | | other community providers regarding military and veteran | 4 | | culture and needs, thus improving the collective capacity | 5 | | of the support system; and | 6 | | (6) outreaching directly to service members, veterans, | 7 | | and their families regarding the no-wrong-door system that | 8 | | Illinois Joining Forces provides to them. | 9 | | (c) For the purpose of this Section,
"veterans service | 10 | | organization" means an organization that meets all of the | 11 | | following criteria: | 12 | | (1) The organization is formed by and for United States | 13 | | military
veterans. | 14 | | (2) The organization is chartered by the United States | 15 | | Congress and
incorporated in the State of Illinois. | 16 | | (3) The organization has maintained a State | 17 | | headquarters office in
Illinois for the 10-year period | 18 | | immediately preceding the effective date of this | 19 | | amendatory Act of the 98th General Assembly. | 20 | | (4) The organization maintains at least one office in | 21 | | this State,
staffed by a veterans service officer. | 22 | | (5) The organization is capable of preparing a power of | 23 | | attorney
for a veteran and processing claims for veterans | 24 | | services. | 25 | | (6) The organization is not funded by the State of | 26 | | Illinois or by
any county in this State. |
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| 1 | | (d) The General Assembly authorizes the Department of | 2 | | Veterans' Affairs, in accordance with Section 10 of the State | 3 | | Agency Entity Creation Act, to create the Illinois Joining | 4 | | Forces Foundation as a not-for-profit foundation. The | 5 | | Department shall file articles of incorporation as required | 6 | | under the General Not For Profit Corporation Act of 1986 to | 7 | | create the Foundation. The Foundation's Board of Directors | 8 | | shall be appointed as follows: one member appointed by the | 9 | | Governor; one member appointed by the President of the Senate; | 10 | | one member appointed by the Minority Leader of the Senate; one | 11 | | member appointed by the Speaker of the House of | 12 | | Representatives; one member appointed by the Minority Leader of | 13 | | the House of Representatives; and all of the members of the | 14 | | Illinois Joining Forces Executive Committee, who shall be | 15 | | appointed by the Director of Veterans' Affairs. In addition to | 16 | | any veterans service organization otherwise represented on the | 17 | | Board of Directors, a veterans service organization may | 18 | | designate in writing an ex officio, non-voting participant to | 19 | | the Board of Directors. Any veterans service organization | 20 | | appointee under this Section does not count towards a quorum. | 21 | | The Director of Veterans' Affairs and a designee chosen by the | 22 | | Director of Military Affairs who is a senior management | 23 | | official of the Department of Military Affairs with the | 24 | | authority to make decisions on behalf of the agency shall serve | 25 | | as members of the Foundation's Board of Directors. Board of | 26 | | Director appointments shall be for 2-year terms. Vacancies |
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| 1 | | shall be filled by the official who made the recommendation for | 2 | | the vacated appointment. No member of the Board of Directors | 3 | | may receive compensation for his or her services to the | 4 | | Foundation. Upon appointment, the Board of Directors, as | 5 | | members of a public entity, shall be represented and | 6 | | indemnified pursuant to the requirements of the State Employee | 7 | | Indemnification Act. | 8 | | (e) The purposes of the Foundation are to: promote, | 9 | | support, assist, and sustain Illinois Joining Forces | 10 | | operations; solicit and accept grants and private donations and | 11 | | disburse them for the stated intent of the Foundation or the | 12 | | private donor; solicit and generate public and private funding | 13 | | and donations that assist in enhancing the Illinois Joining | 14 | | Forces mission, services, programs, and operations; and engage | 15 | | generally in other lawful endeavors consistent with the | 16 | | foregoing purposes. The foundation shall operate within the | 17 | | provisions of the General Not For Profit Corporation Act of | 18 | | 1986. | 19 | | (f) As soon as practicable after the Foundation is created, | 20 | | the Board of Directors shall meet, organize, and designate, by | 21 | | majority vote, a chairperson, a treasurer, a secretary, and any | 22 | | additional officers that may be needed to carry out the | 23 | | activities of the Foundation and shall adopt bylaws of the | 24 | | Foundation. The Department of Veterans' Affairs, in | 25 | | consultation with the Department of Military Affairs, may adopt | 26 | | other rules deemed necessary to govern Foundation procedures. |
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| 1 | | (g) The Foundation may request and accept gifts, grants, | 2 | | donations, or bequests from the federal government or its | 3 | | agencies or officers or from any person, firm, or corporation, | 4 | | and may expend receipts on activities that it considers | 5 | | suitable to the performance of its duties under this Section | 6 | | and consistent with any requirement of the grant, gift, | 7 | | donation, or bequest. Funds collected by the Foundation shall | 8 | | be considered private funds and shall be held in an appropriate | 9 | | account outside of the State treasury. Private funds collected | 10 | | by the Foundation are not subject to the Public Funds | 11 | | Investment Act. The treasurer of the Foundation shall be the | 12 | | custodian of all Foundation funds. The treasurer shall be | 13 | | required to obtain a fidelity or surety bond on satisfactory | 14 | | terms and in sufficient amounts to protect the interests of the | 15 | | Foundation, the cost of which shall be reimbursed by the | 16 | | Foundation. The Foundation and its officers shall be | 17 | | responsible for the approval of the recording of receipts, | 18 | | approval of payments, and the proper filing of required | 19 | | reports. The Foundation may be assisted in carrying out its | 20 | | functions by Department of Military Affairs and Department of | 21 | | Veterans' Affairs personnel. The Department of Military | 22 | | Affairs and the Department of Veterans' Affairs shall provide | 23 | | reasonable assistance to the Foundation to achieve the purposes | 24 | | of the Foundation as determined by the respective Directors. | 25 | | The Foundation shall cooperate fully with the boards, | 26 | | commissions, agencies, departments, and institutions of the |
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| 1 | | State. The funds held and made available by the Illinois | 2 | | Joining Forces Foundation shall be subject to financial and | 3 | | compliance audits in accordance with the Illinois State | 4 | | Auditing Act. The Foundation shall not have any power of | 5 | | eminent domain. The Foundation shall not construct or make any | 6 | | permanent improvements to any real property. | 7 | | (h) The Foundation must provide a written notice to any | 8 | | entity providing a gift, grant, donation, or bequest to the | 9 | | Foundation that the Foundation is not subject to the provisions | 10 | | of the Public Funds Investment Act, which Act places | 11 | | limitations on the types of securities in which a public agency | 12 | | may invest public funds.
| 13 | | (i) Notwithstanding any law to the contrary, the Foundation | 14 | | is not eligible for any grant administered or funded by the | 15 | | Department of Veterans' Affairs or the Department of Military | 16 | | Affairs.
| 17 | | (Source: P.A. 98-986, eff. 8-18-14.) | 18 | | Section 10. The Board of Higher Education Act is amended by | 19 | | changing Section 9.34 as follows: | 20 | | (110 ILCS 205/9.34) | 21 | | (Section scheduled to be repealed on December 1, 2017) | 22 | | Sec. 9.34. Military Prior Learning Assessment Task Force. | 23 | | (a) The Military Prior Learning Assessment Task Force is | 24 | | created within the Board of Higher Education. The Task Force |
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| 1 | | shall study and make recommendations on how to best effectuate | 2 | | the recognition of military learning for academic credit, | 3 | | industry-recognized credentials, and college degrees through | 4 | | the use of the Prior Learning Assessment. The Task Force shall | 5 | | be comprised of all of the following members: | 6 | | (1) A representative from the Board of Higher | 7 | | Education, who shall chair the Task Force, appointed by the | 8 | | Board of Higher Education. | 9 | | (2) A representative from the Illinois Community | 10 | | College Board appointed by the Illinois Community College | 11 | | Board. | 12 | | (3) A representative from the Department of Veterans' | 13 | | Affairs appointed by the Director of Veterans' Affairs. | 14 | | (4) (Blank). A representative from the Illinois | 15 | | Discharged Servicemember Task Force appointed by the | 16 | | Illinois Discharged Servicemember Task Force. | 17 | | (5) A representative from the Illinois Student | 18 | | Assistance Commission appointed by the Illinois Student | 19 | | Assistance Commission. | 20 | | (6) A member of the General Assembly appointed by the | 21 | | Speaker of the House of Representatives. | 22 | | (7) A member of the General Assembly appointed by the | 23 | | Minority Leader of the House of Representatives. | 24 | | (8) A member of the General Assembly appointed by the | 25 | | President of the Senate. | 26 | | (9) A member of the General Assembly appointed by the |
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| 1 | | Minority Leader of the Senate. | 2 | | (10) Three faculty representatives, one from a public | 3 | | university, one from a public community college, and one | 4 | | from a private institution, appointed by the Board of | 5 | | Higher Education in consultation with the Illinois | 6 | | Community College Board and their advisory groups. | 7 | | (11) Two presidents of Illinois colleges and | 8 | | universities appointed by the Board of Higher Education in | 9 | | consultation with the Illinois Community College Board. | 10 | | (12) A representative from the Illinois Joining Forces | 11 | | Education Working Group appointed by the Illinois Joining | 12 | | Forces Education Working Group. | 13 | | (13) A representative of a nonprofit organization that | 14 | | is recognized as having expertise in the area of the Prior | 15 | | Learning Assessment appointed by the Board of Higher | 16 | | Education. | 17 | | (14) A representative from the Office of the State Fire | 18 | | Marshal appointed by the State Fire Marshal. | 19 | | Members of the Task Force shall serve without compensation | 20 | | and may not be reimbursed for their expenses. | 21 | | The Board of Higher Education shall provide administrative | 22 | | and other support to the Task Force. | 23 | | (b) The Task Force's study shall without limitation: | 24 | | (1) Examine the history of the Prior Learning | 25 | | Assessment and its impact on active military and student | 26 | | veterans in today's educational landscape. |
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| 1 | | (2) Examine policies and practices in other states to | 2 | | identify best practices in the Prior Learning Assessment | 3 | | for active military and student veterans. | 4 | | (3) Determine current policies and practices in this | 5 | | State, including existing Prior Learning Assessment | 6 | | methods being utilized among this State's public and | 7 | | private colleges and universities in connection with | 8 | | active military and student veterans. | 9 | | (4) Review the quality standards necessary to | 10 | | adequately assess military learning based on experience | 11 | | and non-credit education and training for purposes of | 12 | | awarding academic credit. | 13 | | (5) Consider alternative means to award academic | 14 | | credit for active military and student veterans. | 15 | | (6) Consider transferability of academic credit | 16 | | awarded by the Prior Learning Assessment and student | 17 | | mobility. | 18 | | (7) Consider the importance of recognition of | 19 | | industry-recognized credentials by colleges and | 20 | | universities for the purpose of awarding academic credit. | 21 | | (8) Consider the acceptance of industry-recognized | 22 | | credentials and academic credit credentials or degrees by | 23 | | licensing bodies. | 24 | | (c) The Task Force shall report its findings and | 25 | | recommendations to the Board of Higher Education, the Illinois | 26 | | Community College Board, the Illinois Student Assistance |
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| 1 | | Commission, the State Board of Education, the Department of | 2 | | Veterans' Affairs, the Illinois Discharged Servicemember Task | 3 | | Force, the General Assembly, and the Governor on or before | 4 | | December 1, 2016. | 5 | | (d) This Section is repealed on December 1, 2017.
| 6 | | (Source: P.A. 99-395, eff. 8-18-15.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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