Bill Amendment: IL HB2369 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DEPT VET AFF-JOINING FORCES

Status: 2023-01-10 - Passed Both Houses [HB2369 Detail]

Download: Illinois-2021-HB2369-Senate_Amendment_001.html

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Sen. Craig Wilcox

Filed: 1/4/2023

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AMENDMENT TO HOUSE BILL 2369
AMENDMENT NO. ______. Amend House Bill 2369 by replacing
everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing
Section 5-2006 as follows:
(55 ILCS 5/5-2006) (from Ch. 34, par. 5-2006)
Sec. 5-2006. Tax for Veterans Assistance Commission. The
county board of each county having a population of less than 3
million in which there is a Veterans Assistance Commission as
provided in Section 9 of the Military Veterans Assistance Act
may levy a tax of not to exceed .03% of the assessed value
annually on all taxable property of the county, for the
purpose of providing assistance to military veterans and their
families pursuant to such Act. Whenever not less than 10% of
the electors of the county petition the county board to levy
the tax at not to exceed .04% of the assessed value, the county

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board shall certify the proposition to the proper election
officials who shall submit the proposition at the next general
election in accordance with the general election law. If a
majority of the electors vote in favor of the proposition, the
county board may, annually, levy the tax as authorized. The
proceeds of any tax so levied shall be used exclusively for the
assistance purposes authorized thereunder, and a portion
thereof may be expended for the salaries or expenses of any
officers or employees of the Veterans Assistance Commission,
for the authorized reimbursement of any officer or employee of
the Veterans Assistance Commission, as provided in Section 10
of the Military Veterans Assistance Act, or for any other
expenses incident to the administration of such assistance.
The tax shall be separate from all other taxes which the
county is authorized to levy on the aggregate valuation of the
property within the county and shall not be included in any tax
limitation of the rate upon which taxes are required to be
extended, but shall be excluded therefrom and in addition
thereto. The tax shall be levied and collected in like manner
as the general taxes of the county, and, when collected, shall
be paid into a special fund in the county treasury and used
only as herein authorized, or disbursed from the county
treasury of a county in which a properly organized Veterans
Assistance Commission is authorized under Section 3-11008 of
this Code.
The limitations on tax rates herein provided may be

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increased or decreased under the referendum provisions of the
General Revenue Law of Illinois.
If a county has levied the tax herein authorized or
otherwise meets the conditions set out in Section 12-21.13 of
the Illinois Public Aid Code, to qualify for State funds to
supplement local funds for public purposes under Articles III,
IV, V, VI, and IX of that Code and otherwise meets the
conditions set out in Article XII of that Code for receipt of
State aid, the Illinois Department of Human Services shall
allocate and pay to the county such additional sums as it
determines to be necessary to meet the needs of assistance to
military veterans and their families in the county and
expenses incident to the administration of such assistance. In
counties where a Veterans Assistance Commission has been
properly created, those County Veterans Assistance Commissions
shall be in charge of the administration of such assistance
provided under the Illinois Public Aid Code for military
veterans and their families.
(Source: P.A. 102-732, eff. 1-1-23.)
Section 10. The Military Veterans Assistance Act is
amended by changing Sections 1, 2, 8, 9, and 10 and by adding
Sections 9.1, 9.2, and 12 as follows:
(330 ILCS 45/1) (from Ch. 23, par. 3081)
Sec. 1. Definitions. As used in this Act:

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"Veteran service organization" means a post, ship, camp,
chapter, or detachment of a congressionally chartered or state
chartered organization that (i) is formed by and for veterans,
(ii) has a paid membership of at least 15 individuals, and
(iii) provides responsible aid, assistance, or services to the
veteran community.
"Administrator of military veterans assistance" means the
commanders of the various veteran service organizations, the
superintendent of a County Veterans Assistance Commission, or
other persons whose duty it is, under the existing statutes,
to care for, relieve or maintain, wholly or in part, any person
who may be entitled to such assistance under the statutes of
the State of Illinois. This Act shall not infringe upon the
mandated powers and authorities vested in the Illinois
Department of Veterans' Affairs.
(Source: P.A. 102-732, eff. 1-1-23.)
(330 ILCS 45/2) (from Ch. 23, par. 3082)
Sec. 2. The purpose of this Act is, in part, to provide, in
accordance with this Section, For the just and , necessary,
and needed assistance and services to of military veterans,
who served in the Armed Forces of the United States and whose
last discharge from the service was honorable or general under
honorable conditions to be eligible for assistance, to their
families, and to the families of deceased veterans with
service as described in this Section who need such assistance

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and services. The following actions shall be taken in support
of that purpose:
(1) The supervisor of general assistance or the county
board shall provide such sums of money as may be just and
necessary to be drawn by the commander, quartermaster or
commandant of any veterans service organization, in the
city or town, or the superintendent of any Veterans'
Assistance Commission of the county, upon the
recommendation of the assistance committee of that
veterans service organization or Veterans' Assistance
Commission.
(A) Funding for Veterans Assistance Commissions
may be derived from 3 sources, if applicable:
(i) a tax levied under Section 5-2006 of the
Counties Code and Section 12-21.13 of the Illinois
Public Aid Code;
(ii) funds from the county general corporate
fund; and
(iii) State funds from the Department of Human
Services.
(B) The minimum amount to be provided annually to
Veterans Assistance Commissions is provided in Section
12-21.13 of the Illinois Public Aid Code, unless the
delegates of the County Veterans Assistance Commission
determine that a lesser amount covers the just and
necessary sums.

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(2) If any supervisor of general assistance or county
board fails or refuses after such recommendation to
provide just and necessary sums of money for such
assistance, then the veteran service organization or the
superintendent of any Veterans' Assistance Commission
located in the district of such supervisor of general
assistance or such county board shall apply to the circuit
court of the district or county for relief by mandamus
upon the supervisor of general assistance or county board
requiring him, her or it to pay, or to appropriate and pay
such sums of money, and upon proof made of the justice and
necessity of the claim, the circuit court shall grant the
sums so requested.
(3) Such sums of money shall be drawn in the manner now
provided under Section 5-2006 of the Counties Code and
Section 12-21.13 of the Illinois Public Aid Code. Orders
of commanders, quartermasters, commandants, or
superintendents of those veterans service organizations or
those Veterans' Assistance Commissions shall be proper
warrants for the expenditure of such sums of money.
(Source: P.A. 102-732, eff. 1-1-23.)
(330 ILCS 45/8) (from Ch. 23, par. 3088)
Sec. 8. The commander, quartermaster, or commandant of any
veteran service organization or the superintendent of any
county Veterans' Assistance Commission of Illinois shall

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annually report to the Governor, on or before the first day of
January of each year, such portions of the transactions of the
aforementioned veteran service organization or Veterans
Assistance Commission relating thereto as the commander or
superintendent may deem to be of interest to that organization
and the people of the State. A copy of that report shall be
provided to the president or chairperson of the county board
and shall be made publicly available online.
(Source: P.A. 102-732, eff. 1-1-23.)
(330 ILCS 45/9) (from Ch. 23, par. 3089)
Sec. 9. Veterans Assistance Commission.
(a) In counties having 2 or more veteran service
organizations as may be recognized by law, the veteran service
organizations may come together to form a Veterans Assistance
Commission of such county. The Veterans Assistance Commission
of such county may act as the central service office for all
veterans and their families and for the families of deceased
veterans. The Commission shall be composed of delegates and
alternates from a majority of such veteran service
organizations selected annually as determined by each veteran
service organization. When so organized a Commission shall be
clothed with all the powers and may be charged with all the
duties theretofore devolving upon the different veteran
service organizations within the county as provided in Section
2.

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(1) Every January 1, all Veterans Assistance
Commissions shall publish a notice to each veteran service
organization within their respective county calling on
them to select delegates and alternates for that county's
Veterans Assistance Commission by the methods provided in
this subsection. The Veterans Assistance Commissions shall
allow each veteran service organization until March 1 to
respond, at which time those selected and duly appointed
delegates and alternates shall begin their term of office
with full voting rights. Once selected, delegates and
alternates are bound by the Public Officer Prohibited
Activities Act.
(2) Except as provided in paragraph (3), veteran
service organizations shall be permitted to select one
delegate and one alternate.
(3) In counties with 5 or more of the same veteran
service organizations, all the constituent veteran service
organizations shall be permitted to select up to 5
delegates and 5 alternates a single delegate and single
alternate to represent that veteran service organization
instead of each constituent veteran service organization
selecting one delegate and one alternate. For the purposes
of meeting the majority requirement of this subsection,
when the constituent groups of a veteran service
organization choose to select those delegates and
alternates, those selected and duly appointed delegates

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and alternates a single delegate and single alternate, the
single delegate and single alternate shall represent the
aggregate percentage of the constituent groups.
(4) If a veteran service organization serves more than
one county, then it shall be permitted to select one
delegate and one alternate for the Veterans Assistance
Commission in each county in which at least 25% of its
members reside.
(5) All undertakings of, or actions taken by, the
Commission shall require a vote from a majority of the
full commission membership. No committee or other subgroup
of delegates and alternates formed by the Commission,
whether selected or appointed, may be granted the power or
authority to act in the place of or on behalf of the full
body of the duly selected or appointed Commission
membership.
(6) No superintendent or any other employee of the
Veterans Assistance Commission may retain the position of
delegate or alternate or any voting rights while employed
by the Veterans Assistance Commission.
(7) No committee or other subgroup of delegates and
alternates formed by the Commission, whether selected or
appointed, may bar any other duly appointed Commission
member from attending or otherwise being present during
any closed meetings or sessions of that committee or
group.

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(8) The county may, at its discretion, appoint a
representative to the Commission who may attend any public
meeting of the Commission. That representative shall be a
veteran, may not have voting rights, may not hold any
office or title on the Commission, and may not be present
during any nonpublic meeting of the Commission, except as
authorized in this Act. For matters of executive session,
the non-voting county appointee may attend meetings that
are closed in accordance with paragraphs (1), (3), (5),
(6), or (11) of subsection (c) of Section 2 of the Open
Meetings Act for litigation matters not relating to
litigation between the Commission and the County.
(b) The Commission and its selected or appointed
superintendent shall have oversight of the distribution of all
moneys and supplies appropriated for the benefit of military
veterans and their families, subject to such rules,
regulations, administrative procedures or audit reviews as are
required by this Act and as are necessary as approved by the
Commission to carry out the spirit and intent of this Act. No
warrant authorized under this Act may be issued for the
payment of money without the presentation of an itemized
statement or claim, approved by the superintendent of the
Commission.
(c) The superintendent of the Veterans Assistance
Commission, selected, appointed, or hired by the Commission is
an at-will employee who shall be answerable to, and shall

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report to, the Commission.
(d) The superintendent shall be evaluated annually and a
written report shall be generated. A copy of the report from
the evaluation shall be provided to the entire Commission
membership.
(e) A superintendent may be removed from office if, after
delegates from no less than 3 different veteran service
organizations file a written request calling for the
superintendent's removal, there is a vote from a majority of
the full Commission membership in favor of such removal.
(f) Each Veterans Assistance Commission shall establish
and maintain bylaws that outline the framework, policies, and
procedures for conducting the business of the Commission and
for the rules and regulations that apply to its members. Those
bylaws shall reflect compliance with all relevant laws at the
time they are established and shall be revised as necessary to
remain in compliance with current law. The establishment of
those bylaws, and any revisions thereafter, shall require a
minimum two-thirds majority vote of approval from a majority
of the full Commission membership.
(g) Each Veterans Assistance Commission shall, in writing,
adopt all applicable policies already established and in place
in its respective county, including, but not limited to,
policies related to compensation, employee rights, ethics,
procurement, and budget, and shall adapt those policies to fit
its organizational structure. Those policies shall then be

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considered the policies of the Veterans Assistance Commission
and they shall be implemented and adhered to, accordingly, by
the superintendent and by the Commission. The Commission shall
amend its adopted policies whenever a county board amends an
applicable policy within 60 days of the county board
amendment.
(h) No warrant authorized under this Act may be issued for
the payment of money without the presentation of an itemized
statement or claim, approved by the superintendent of the
Commission and reported to the full Commission membership.
(i) Each Veterans Assistance Commission shall perform an
annual audit in accordance with the Governmental Account Audit
Act using either the auditing services provided by its
respective county or the services of an independent auditor
whose services shall be paid for by the Commission. A copy of
that audit report shall be provided to the president or
chairperson of the county board.
(j) Veterans Assistance Commissions and county boards
subject to this Act shall cooperate fully with the boards,
commissions, agencies, departments, and institutions of the
State. The funds held and made available by the county, the
State, or any other source shall be subject to financial and
compliance audits in accordance with the Illinois State
Auditing Act.
(k) (c) The Veterans Assistance Commission shall be in
charge of the administration of any benefits provided under

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Articles VI and IX of the Illinois Public Aid Code for military
veterans and their families.
(l) The Veterans Assistance Commission shall represent
veterans in their application for or attempts to obtain
benefits and services through State and federal agencies,
including representing veterans in their appeals of adverse
decisions.
(m) The superintendent of the Veterans Assistance
Commission and its employees must comply with the procedures
and regulations adopted by the Veterans Assistance Commission
and the regulations of the Department of Human Services.
(n) To further the intent of this Act of assisting
military veterans, this Act is to be construed so that the
Veterans Assistance Commission shall provide needed services
to eligible veterans.
(Source: P.A. 102-484, eff. 8-20-21; 102-732, eff. 1-1-23.)
(330 ILCS 45/9.1 new)
Sec. 9.1. Violations.
(a) If the Attorney General has reasonable cause to
believe that there is or has been a violation of Section 8 or 9
or subsection (a), (b), or (c) of Section 10, then the Attorney
General may commence a civil action in the name of the People
of the State to enforce the provisions of this Act in any
appropriate circuit court. The court, in its discretion, may
exercise all powers necessary, including, but not limited to:

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injunction; mandamus; revocation; forfeiture or suspension of
any funding, rights, privileges, responsibilities, or support,
as deemed necessary to ensure compliance; and any other action
the court may deem appropriate.
(b) Prior to initiating a civil action, the Attorney
General shall conduct a preliminary investigation to determine
whether there is reasonable cause to believe that a violation
is being or has been committed and whether the dispute can be
resolved without litigation. In conducting this investigation,
the Attorney General may:
(1) require the individual, group, or entity to file a
statement or report in writing under oath or otherwise, as
to all information the Attorney General may consider
necessary;
(2) examine under oath any person alleged to have
participated in or with knowledge of the alleged
violation;
(3) issue subpoenas or conduct hearings in aid of any
investigation; or
(4) examine any record, book, document, account, or
paper as the Attorney General may consider necessary.
(c) Service by the Attorney General of any notice
requiring a person to file a statement or report, or of a
subpoena upon any person, shall be made:
(1) personally by delivery of a duly executed copy
thereof to the person to be served or, if a person is not a

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natural person, in the manner provided by the Code of
Civil Procedure when a complaint is filed; or
(2) by mailing by certified mail a duly executed copy
thereof to the person to be served at the person's last
known abode or principal place of business within this
State.
(d) Whenever any person fails to comply with any subpoena
issued under this Section or whenever satisfactory copying or
reproduction of any material requested in an investigation
cannot be done and the person refuses to surrender the
material, the Attorney General may file in any appropriate
circuit court, and serve upon the person, a petition for a
court order for the enforcement of the subpoena or other
request.
Any person who has received a subpoena issued under
subsection (b) may file in the appropriate circuit court, and
serve upon the Attorney General, a petition for a court order
to modify or set aside the subpoena or other request. The
petition must be filed either: (1) within 20 days after the
date of service of the subpoena or at any time before the
return date specified in the subpoena, whichever date is
earlier, or (2) within a longer period as may be prescribed in
writing by the Attorney General.
The petition shall specify each ground upon which the
petitioner relies in seeking relief under this subsection and
may be based upon any failure of the subpoena to comply with

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the provisions of this Section or upon any constitutional or
other legal right or privilege of the petitioner. During the
pendency of the petition in the court, the court may stay, as
it deems proper, the running of the time allowed for
compliance with the subpoena or other request, in whole or in
part, except that the petitioner shall comply with any portion
of the subpoena or other request not sought to be modified or
set aside.
(e) In the administration of this Act, the Attorney
General may accept an Assurance of Voluntary Compliance with
respect to any violation of the Act from any person or entity
who has engaged in, is engaging in, or was about to engage in
such violation. Evidence of a violation of an Assurance of
Voluntary Compliance shall be prima facie evidence of a
violation of this Act in any subsequent proceeding brought by
the Attorney General against the alleged violator.
(330 ILCS 45/9.2 new)
Sec. 9.2. Remedies.
(a) Whenever the Attorney General has reason to believe
that any person, group, or entity is violating, has violated,
or is about to violate Section 8 or 9 or subsection (a), (b),
or (c) of Section 10, the Attorney General may bring an action
in the name of the People of the State against the person,
group, or entity to restrain by preliminary or permanent
injunction the use of any practice that violates Section 8 or 9

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or subsection (a), (b), or (c) of Section 10. In such an
action, the court may award restitution to recoup the loss of
moneys set aside to provide services to veterans or any other
relief that the court deems proper.
(b) In addition, the court may assess a civil penalty not
to exceed $5,000 for each violation of Section 8 or 9 or
subsection (a), (b), or (c) of Section 10.
(c) In any action brought under the provisions of Section
8 or 9 or subsection (a), (b), or (c) of Section 10, the
Attorney General is entitled to recover costs.
(d) If a court orders a party to make payments to the
Attorney General and the payments are to be used for the
operations of the Office of the Attorney General or a party
agrees, in an out-of-court settlement, to make payment to the
Attorney General for the operations of the Office of the
Attorney General, then moneys shall be deposited into the
Attorney General Court Ordered and Voluntary Compliance
Payment Projects Fund. Moneys in the Fund shall be used,
subject to appropriation, for the performance of any function
pertaining to the exercise of the duties of the Attorney
General, including, but not limited to, enforcement of any law
of this State and conducting public education programs.
However, any moneys in the Fund that are required by the court
or by an agreement to be used for a particular purpose shall be
used for that purpose.

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(330 ILCS 45/10) (from Ch. 23, par. 3090)
Sec. 10. Superintendents and counties.
(a) The executive powers of the Commission shall be vested
in a superintendent selected or appointed elected by a vote
from a majority of the full Commission membership and who
shall have received an honorable discharge from the armed
forces of the United States.
(b) Superintendent vacancies shall be filled, whether
long-term or temporarily, at the next regularly scheduled full
Commission meeting or within 30 days at a specially convened
meeting, whichever comes sooner, and shall be selected by a
vote from a majority of the full Commission membership.
(c) Any individual who may be tasked with assuming the
duties of or may be vested with the executive powers of a
superintendent, whether as acting or interim superintendent,
must be selected or appointed by a vote from a majority of the
full Commission membership and must have received an honorable
discharge from the armed forces of the United States.
(d) The designated superintendent of the Veterans
Assistance Commission of the county shall, under the direction
of the Commission, have charge of and maintain an office in the
county building or a central location within the county, to be
used solely by the Commission for providing the just,
necessary, and needed services mandated by law.
(e) The county shall provide for the funding of the office
and provide furnish all necessary furnishings, supplies, and

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services as passed by the county board in its annual
appropriation, and the county shall provide or fund services,
including, but not limited to, human resources and payroll
support; information technology services and equipment;
telephone services and equipment; printing services and
equipment; postage costs; and liability insurance. Any
litigation or legal settlement that has a financial impact to
the county is subject to the approval of the county board.
telephone, printing, stationery, and postage therefor.
(f) The county shall also provide to the employees of the
Commission all benefits available to county employees,
including, but not limited to, benefits offered through the
Illinois Municipal Retirement Fund or any other applicable
county retirement fund; health, life, and dental insurance;
and workers compensation insurance. Employer contributions and
costs for these benefits, services, and coverages may come
from Commission funds. Counties not currently providing
benefits to Commission employees must comply with this
subsection within 90 days after the effective date of this
amendatory Act of the 102nd General Assembly.
(g) The county board shall, in any county where a Veterans
Assistance Commission is organized, in addition to sums
appropriated for these just, necessary, and needed services as
provided by law and approved by the Commission under this Act,
appropriate such additional sums, upon recommendation of the
Veterans Assistance Commission, to properly compensate, in

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accordance with the requirements of subsection (g) of Section
9 and subsection (e) of this Section, the officers and
employees required to administer such assistance. The county
board shall also provide funds to the Commission to reimburse
the superintendent, officers, delegates and employees for
certain expenses which are approved by the Commission. The
superintendent and other employees shall be employees of the
Veterans Assistance Commission, and no provision in this
Section or elsewhere in this Act shall be construed to mean
that they are employees of the county.
(h) Superintendents, subject to rules formulated by the
Commission, shall select, as far as possible, Veteran Service
Officers and other employees from among military veterans,
including those who have served or may still be serving as
members of the Illinois National Guard or a reserve component
of the armed forces of the United States, who did not receive a
bad conduct or dishonorable discharge or other equivalent
discharge thereof, or their spouses, surviving spouses, or
children. Employees of the Commission shall be at-will
employees.
(i) In a county with less than 2,000,000 inhabitants, the
superintendent may, in conformance with subsection (f) of
Section 3-9005 of the Counties Code, request legal assistance
from the State's Attorney serving the county in which the
Veterans Assistance Commission is located, an opinion upon any
question of law relating to a matter in which the county

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Veterans Assistance Commission may be concerned. With regard
to matters involving Section 8 or 9 or subsection (a), (b), or
(c) of Section 10, the State's Attorney shall confer with the
Office of the Attorney General before rendering an opinion.
(j) Superintendents of all counties subject to this Act,
when required by the Commission, shall give bond in the sum of
$2,000 for the faithful performance of their duties.
(k) All persons elected or selected or appointed to fill
positions provided for in this Section shall be exempt from
the operation and provisions of any civil service act or laws
of this State, and the secretary of the Commission shall be
appointed by the superintendent.
(Source: P.A. 102-56, eff. 7-9-21; 102-732, eff. 1-1-23.)
(330 ILCS 45/12 new)
Sec. 12. Home rule. A home rule unit may not operate, act,
or fail to act in a manner that is inconsistent with the
provisions of this Act. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
Section 999. Effective date. This Act takes effect upon
becoming law.".