Public Act 90-0752 of the 90th General Assembly
Public Act 90-0752
HB2643 Enrolled LRB9008547SMdvA
AN ACT regarding veterans.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Commemorative Dates Act is amended
by adding Sections 100 and 105 as follows:
(5 ILCS 490/100 new)
Sec. 100. Korean War Armistice Day. The 27th day of July
of each year is designated Korean War Armistice Day to be
observed throughout the State as a day to honor and remember
the men and women of this State who served so valiantly in
the cause of freedom.
(5 ILCS 490/105 new)
Sec. 105. POW/MIA Recognition Day. The third Friday of
September in each year is designated as POW/MIA Recognition
Day to be observed throughout the State as a day in honor and
remembrance of the men and women of this State who were
recognized as POWs or MIAs while serving with the armed
forces of the United States in a time of war or during a
period of hostilities.
Section 10. The Department of Veterans Affairs Act is
amended by changing Section 2.01a and adding Section 10 as
follows:
(20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
Sec. 2.01a. Members benefit fund; personal property. The
Department shall direct the expenditure of all money which
has been or may be received by any officer of an Illinois
Veterans Home including profit on sales from commissary
stores. The money shall be deposited into the members benefit
fund and expenditures from the fund shall be made under the
direction of the Department for the special comfort,
pleasure, and amusement of residents and employees, provided
that amounts expended for comfort, pleasure, and amusement of
employees shall not exceed the amount of profits derived from
sales made to employees by such commissaries, as determined
by the Department.
Money received as interest and income on funds deposited
for residents of an Illinois Veterans Home operated by the
Department of Veterans' Affairs shall be placed in the
members benefit fund and expenditures from the fund may not
be used to supplement a shortfall in the ordinary and
contingent operating expenses of the Home and shall be
expended only for the special comfort, pleasure, and
amusement of the residents. If home residents choose to hold
savings accounts or other investments outside the Home,
interest or income on the individual savings accounts or
investments of residents shall not be so expended, but shall
accrue to the individual accounts of the residents.
Any money belonging to residents separated by death,
discharge, or unauthorized absence from an Illinois Veterans
Home, in custody of officers thereof, may, if unclaimed by
the resident or the legal representatives thereof for a
period of 2 years, be expended at the direction of the
Department for the purposes and in the manner specified
above. Articles of personal property, with the exception of
clothing left in the custody of officers, shall, if unclaimed
for the period of 2 years, be sold and the money disposed of
in the same manner.
Clothing left at a Home by residents at the time of
separation may be used as determined by the Home if unclaimed
by the resident or legal representatives thereof within 30
days after notification.
(Source: P.A. 89-324, eff. 8-13-95; 90-168, eff. 7-23-97.)
(20 ILCS 2805/10 new)
Sec. 10. Long term care bed space study. The Department
of Veterans Affairs shall study the feasibility of the State
of Illinois using existing United States Department of
Veterans Affairs long-term care bed space to meet the future
long-term care needs of the State's veterans. The Department
shall issue a final report to the Governor and General
Assembly by July 1, 1999.
Section 15. The Higher Education Student Assistance Act
is amended by changing Section 40 as follows:
(110 ILCS 947/40)
Sec. 40. Veteran grant. Any person who served in the
armed forces of the United States, not including members of
the Student Army Training Corps, who at the time of entering
service was an Illinois resident or was an Illinois resident
within 6 months of entering such service, and who returned to
Illinois within 6 months after leaving service or, if married
to a person in continued military service stationed outside
Illinois, within 6 months after his or her spouse has left
service or has been stationed within Illinois, and who has
been honorably discharged from such service, and who
possesses all necessary entrance requirements shall, except
as otherwise provided in this Act, upon application and
proper proof, be awarded an Illinois Veteran Grant consisting
of the equivalent of 4 calendar years of full-time
enrollment, including summer terms, to the State-controlled
college or university or community college of his choice.
Such veterans shall also be entitled, upon proper proof and
application, to enroll in any extension course offered by a
State-controlled college or university or community college
without the payment of tuition or fees.
Any veteran who so served, and who, at the time of
entering such service, was a student at a State-controlled
college or university or community college, and who was
honorably discharged from such service, shall, upon
application and proper proof be awarded a Veteran Grant
entitling him to complete his course of study at any
State-controlled college or university or community college
of his choice, but shall not be entitled to a grant
consisting of more than the equivalent of 4 calendar years of
full-time enrollment including summer sessions.
Any member of the armed forces of the United States who
either (i) has served in such armed forces at least one year,
or (ii) has served in whose service with the armed forces of
the United States is for less than one year in a time of
hostilities in a foreign country but includes active military
duty, including service in the Persian Gulf War or in
military operations to aid Somalia, with the armed forces of
the United States, and who would be qualified for a grant
under this Section if he had been discharged from such
service shall be eligible to receive a Veteran Grant under
this Section.
The holder of a Veteran Grant to the State-controlled
college or university or community college of his choice as
authorized under this Section shall not be required to pay
any matriculation or application fees, tuition, activities
fees, graduation fees, or other fees except multipurpose
building fees or similar fees for supplies and materials.
Any veteran who has been or shall be awarded a Veteran
Grant shall be reimbursed by the appropriate college,
university, or community college for any fees which he has
paid and for which exemption is granted under this Section,
if application for reimbursement is made within 3 months
following the school term for which the fees were paid.
A Veteran Grant shall be considered an entitlement which
the State-controlled college or university or community
college in which the holder is enrolled shall honor without
any condition other than the holder's maintenance of minimum
grade levels and a satisfactory student loan repayment record
pursuant to subsection (c) of Section 20.
A grant authorized under this Section shall not be
awarded to veterans who received a discharge from the armed
forces of the United States under dishonorable conditions, or
to any veteran whose service with the armed forces was for
less than one year unless he received an honorable discharge
from such service for medical reasons directly connected with
such service, except for those veterans discharged prior to
August 11, 1967 whose service may be for less than one year,
and except for those veterans (i) who serve in whose service
with the armed forces of the United States is for less than
one year in a time of hostilities in a foreign country but
includes active military duty, including service in the
Persian Gulf War or in military operations to aid Somalia,
with the armed forces of the United States, and (ii) who
receive an honorable discharge.
The amounts that become due to any State-controlled
college or university or community college shall be payable
by the Comptroller to that institution on vouchers approved
by the Commission. The Commission, or its designated
representative at that institution, shall determine the
eligibility of the persons who make application for the
benefits provided for in this Section. The Department of
Veterans' Affairs shall assist the Commission in determining
the eligibility of applicants. On July 29, 1986, the
Illinois Department of Veterans' Affairs shall transfer and
deliver to the Commission all books, records, papers,
documents, applications and pending business in any way
pertaining to the duties, responsibilities and authority
theretofore exercised or performed by the Illinois Department
of Veterans' Affairs under and pursuant to Section 4.1 of the
Department of Veterans Affairs Act.
The benefits provided for in this Section shall be
available as long as the federal government provides
educational benefits to veterans. No benefits shall be paid
under this Section, except for veterans who already have
begun their education under this Section, after 6 months
following the termination of educational benefits to veterans
by the federal government. If the federal government
terminates educational benefits to veterans and at a later
time resumes those benefits, the benefits of this Section
shall resume.
As used in this Section, "time of hostilities in a
foreign country" means any action by the armed forces of the
United States that is recognized by the issuance of a
Presidential proclamation or a Presidential executive order
and in which the armed forces expeditionary medal or other
campaign service medals are awarded according to Presidential
executive order.
(Source: P.A. 87-895; 87-997; 88-179.)
Section 20. The Veterans Burial Places Act is amended by
changing Section 1.1 as follows:
(330 ILCS 110/1.1) (from Ch. 21, par. 59a1)
Sec. 1.1. When a headstone or memorial marker is
provided for a United States War Veteran by the United States
Government pursuant to Section 2306 906 of Title 38 of the
United States Code, the Department of Veterans' Affairs shall
pay an amount not to exceed $100 $50 to the next of kin or
cemetery official or monument company official responsible
for the cost of transporting and erecting the headstone or
memorial. However, no such payment shall be made unless a
signed application is presented to the Department by the next
of kin or cemetery official or monument company official,
along with such other proof of transportation or erection
charges as the Department may require. All such applications
for payment shall be on forms provided by the Department.
(Source: P.A. 85-169.)
Section 99. Effective date. This Act takes effect upon
becoming law.