97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3671

 

Introduced 2/10/2012, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2805/2  from Ch. 126 1/2, par. 67
20 ILCS 2805/8

    Amends the Department of Veterans Affairs Act. Deletes the requirement that the Department of Veterans Affairs conduct an annual review that compares benefits received by Illinois veterans with the benefits received by veterans in all other states and U.S. territories. Provides that if the Department determines that the appropriations for the purposes of the provision concerning the Post-Traumatic Stress Disorder Outpatient Counseling Program are not sufficient to support all of the requirements of that provision, then the Department shall have the discretion to provide only those services set forth in that provision that the Department determines the appropriation can support. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Veterans Affairs Act is
5amended by changing Sections 2 and 8 as follows:
 
6    (20 ILCS 2805/2)  (from Ch. 126 1/2, par. 67)
7    Sec. 2. Powers and duties. The Department shall have the
8following powers and duties:
9    To perform such acts at the request of any veteran, or his
10or her spouse, surviving spouse or dependents as shall be
11reasonably necessary or reasonably incident to obtaining or
12endeavoring to obtain for the requester any advantage, benefit
13or emolument accruing or due to such person under any law of
14the United States, the State of Illinois or any other state or
15governmental agency by reason of the service of such veteran,
16and in pursuance thereof shall:
17        (1) Contact veterans, their survivors and dependents
18    and advise them of the benefits of state and federal laws
19    and assist them in obtaining such benefits;
20        (2) Establish field offices and direct the activities
21    of the personnel assigned to such offices;
22        (3) Create a volunteer field force of accredited
23    representatives, representing educational institutions,

 

 

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1    labor organizations, veterans organizations, employers,
2    churches, and farm organizations;
3        (4) Conduct informational and training services;
4        (5) Conduct educational programs through newspapers,
5    periodicals and radio for the specific purpose of
6    disseminating information affecting veterans and their
7    dependents;
8        (6) Coordinate the services and activities of all state
9    departments having services and resources affecting
10    veterans and their dependents;
11        (7) Encourage and assist in the coordination of
12    agencies within counties giving service to veterans and
13    their dependents;
14        (8) Cooperate with veterans organizations and other
15    governmental agencies;
16        (9) Make, alter, amend and promulgate reasonable rules
17    and procedures for the administration of this Act;
18        (10) Make and publish annual reports to the Governor
19    regarding the administration and general operation of the
20    Department;
21        (11) (Blank); and
22        (12) (Blank). Conduct an annual review of the benefits
23    received by Illinois veterans that compares benefits
24    received by Illinois veterans with the benefits received by
25    veterans in all other states and U.S. territories. The
26    required annual review shall include, but not be limited

 

 

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1    to, (1) the average benefit paid to individual veterans
2    from Illinois, in direct comparison to the average benefit
3    paid to individual veterans of each of the other states and
4    U.S. territories; (2) the number of veterans receiving
5    benefits in Illinois for the first time during the year
6    compared to the number of claims filed by Illinois veterans
7    during the year; (3) the aggregate number of Illinois
8    veterans receiving benefits compared to the number of
9    veterans from each of the other states and U.S. territories
10    receiving benefits; and (4) a categorical analysis of the
11    types of injuries and disabilities for which benefits are
12    being paid in Illinois and each of the other states and
13    U.S. territories. The benefits review shall be reported to
14    the Governor, the General Assembly, and the Illinois
15    Congressional delegation upon the completion of the report
16    each year.
17    The Department may accept and hold on behalf of the State,
18if for the public interest, a grant, gift, devise or bequest of
19money or property to the Department made for the general
20benefit of Illinois veterans, including the conduct of
21informational and training services by the Department and other
22authorized purposes of the Department. The Department shall
23cause each grant, gift, devise or bequest to be kept as a
24distinct fund and shall invest such funds in the manner
25provided by the Public Funds Investment Act, as now or
26hereafter amended, and shall make such reports as may be

 

 

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1required by the Comptroller concerning what funds are so held
2and the manner in which such funds are invested. The Department
3may make grants from these funds for the general benefit of
4Illinois veterans. Grants from these funds, except for the
5funds established under Sections 2.01a and 2.03, shall be
6subject to appropriation.
7    The Department has the power to make grants, from funds
8appropriated from the Korean War Veterans National Museum and
9Library Fund, to private organizations for the benefit of the
10Korean War Veterans National Museum and Library.
11    The Department has the power to make grants, from funds
12appropriated from the Illinois Military Family Relief Fund, for
13benefits authorized under the Survivors Compensation Act.
14(Source: P.A. 97-297, eff. 1-1-12.)
 
15    (20 ILCS 2805/8)
16    Sec. 8. Post-Traumatic Stress Disorder Outpatient
17Counseling Program. Subject to appropriations for that
18purpose, the Department, in consultation with the Department of
19Human Services, shall contract with professional counseling
20specialists to provide a range of confidential counseling and
21direct treatment services to war-affected Southwest Asia
22combat veterans and their family members, and to provide
23additional treatment services to Viet Nam War veterans for
24post-traumatic stress disorder, particularly those Viet Nam
25veterans whose post-traumatic stress disorder has intensified

 

 

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1or initially emerged due to the war in the Middle East. Any
2such contracts entered into by the Department must be with
3individuals and entities pre-approved by the U.S. Department of
4Veterans Affairs and must be for the provision of services
5pre-approved by the U.S. Department of Veterans Affairs. In
6consultation with the Department of Human Services, the
7Department shall:
8        (1) develop an educational program designed to inform
9    and train primary health care professionals, including
10    mental health professionals, about the effects of
11    war-related stress and trauma;
12        (2) provide informational and counseling services for
13    the purpose of establishing and fostering peer-support
14    networks throughout the State for families of deployed
15    members of the reserves and the Illinois National Guard;
16    and
17        (3) provide for veterans' families a referral network
18    of mental health providers who are skilled in treating
19    deployment stress, combat stress, and post-traumatic
20    stress.
21    If the Department determines that the appropriations for
22the purposes of this Section are not sufficient to support all
23of the requirements in this Section, then the Department shall
24have the discretion to provide only those services set forth in
25this Section that the Department determines the appropriation
26can support.

 

 

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1    As used in this Section, "Southwest Asia combat veteran"
2means an Illinois resident who is, or who was honorably
3discharged as, a member of the Armed Forces of the United
4States, a member of the Illinois National Guard, or a member of
5any reserve component of the Armed Forces of the United States
6and who served on active duty in connection with Operation
7Desert Storm, Operation Enduring Freedom, or Operation Iraqi
8Freedom.
9(Source: P.A. 95-576, eff. 8-31-07.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.