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Full Text of SB1757  100th General Assembly

SB1757eng 100TH GENERAL ASSEMBLY

 
 
 

 


 
SB1757 EngrossedLRB100 06495 MJP 16535 b

1    AN ACT concerning the Department of Veterans' Affairs.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of Illinois
6is amended by changing Section 805-305 as follows:
 
7    (20 ILCS 805/805-305)  (was 20 ILCS 805/63a23)
8    Sec. 805-305. Campsites and housing facilities. The
9Department has the power to provide facilities for overnight
10tent and trailer campsites and to provide suitable housing
11facilities for student and juvenile overnight camping groups.
12The Department of Natural Resources may regulate, by
13administrative order, the fees to be charged for tent and
14trailer camping units at individual park areas based upon the
15facilities available. However, for campsites with access to
16showers or electricity, any Illinois resident who is age 62 or
17older or has a Class 2 disability as defined in Section 4A of
18the Illinois Identification Card Act shall be charged only
19one-half of the camping fee charged to the general public
20during the period Monday through Thursday of any week and shall
21be charged the same camping fee as the general public on all
22other days. For campsites without access to showers or
23electricity, no camping fee authorized by this Section shall be

 

 

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1charged to any resident of Illinois who has a Class 2
2disability as defined in Section 4A of the Illinois
3Identification Card Act. For campsites without access to
4showers or electricity, no camping fee authorized by this
5Section shall be charged to any resident of Illinois who is age
662 or older for the use of a campsite unit during the period
7Monday through Thursday of any week. No camping fee authorized
8by this Section shall be charged to any resident of Illinois
9who is a veteran with a disability or a former prisoner of war,
10as defined in Section 5 of the Department of Veterans' Veterans
11Affairs Act. No camping fee authorized by this Section shall be
12charged to any resident of Illinois after returning from
13service abroad or mobilization by the President of the United
14States as an active duty member of the United States Armed
15Forces, the Illinois National Guard, or the Reserves of the
16United States Armed Forces for the amount of time that the
17active duty member spent in service abroad or mobilized if the
18person (i) applies for a pass at the Department office in
19Springfield within 2 years after returning and provides
20acceptable verification of service or mobilization to the
21Department or (ii) applies for a pass at a Regional Office of
22the Department within 2 years after returning and provides
23acceptable verification of service or mobilization to the
24Department; any portion of a year that the active duty member
25spent in service abroad or mobilized shall count as a full
26year. Nonresidents shall be charged the same fees as are

 

 

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1authorized for the general public regardless of age. The
2Department shall provide by regulation for suitable proof of
3age, or either a valid driver's license or a "Golden Age
4Passport" issued by the federal government shall be acceptable
5as proof of age. The Department shall further provide by
6regulation that notice of these reduced admission fees be
7posted in a conspicuous place and manner.
8    Reduced fees authorized in this Section shall not apply to
9any charge for utility service.
10    For the purposes of this Section, "acceptable verification
11of service or mobilization" means official documentation from
12the Department of Defense or the appropriate Major Command
13showing mobilization dates or service abroad dates, including:
14(i) a DD-214, (ii) a letter from the Illinois Department of
15Military Affairs for members of the Illinois National Guard,
16(iii) a letter from the Regional Reserve Command for members of
17the Armed Forces Reserve, (iv) a letter from the Major Command
18covering Illinois for active duty members, (v) personnel
19records for mobilized State employees, and (vi) any other
20documentation that the Department, by administrative rule,
21deems acceptable to establish dates of mobilization or service
22abroad.
23    For the purposes of this Section, the term "service abroad"
24means active duty service outside of the 50 United States and
25the District of Columbia, and includes all active duty service
26in territories and possessions of the United States.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
2    Section 10. The Illinois Lottery Law is amended by changing
3Section 21.6 as follows:
 
4    (20 ILCS 1605/21.6)
5    Sec. 21.6. Scratch-off for Illinois veterans.
6    (a) The Department shall offer a special instant
7scratch-off game for the benefit of Illinois veterans. The game
8shall commence on January 1, 2006 or as soon thereafter, at the
9discretion of the Director, as is reasonably practical. The
10operation of the game shall be governed by this Act and any
11rules adopted by the Department. If any provision of this
12Section is inconsistent with any other provision of this Act,
13then this Section governs.
14    (b) The Illinois Veterans Assistance Fund is created as a
15special fund in the State treasury. The net revenue from the
16Illinois veterans scratch-off game shall be deposited into the
17Fund for appropriation by the General Assembly solely to the
18Department of Veterans' Veterans Affairs for making grants,
19funding additional services, or conducting additional research
20projects relating to each of the following:
21        (i) veterans' post traumatic stress disorder;
22        (ii) veterans' homelessness;
23        (iii) the health insurance costs of veterans;
24        (iv) veterans' disability benefits, including but not

 

 

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1    limited to, disability benefits provided by veterans
2    service organizations and veterans assistance commissions
3    or centers;
4        (v) the long-term care of veterans; provided that,
5    beginning with moneys appropriated for fiscal year 2008, no
6    more than 20% of such moneys shall be used for health
7    insurance costs; and
8        (vi) veteran employment and employment training.
9    In order to expend moneys from this special fund, beginning
10with moneys appropriated for fiscal year 2008, the Director of
11Veterans' Affairs shall appoint a 3-member funding
12authorization committee. The Director shall designate one of
13the members as chairperson. The committee shall meet on a
14quarterly basis, at a minimum, and shall authorize expenditure
15of moneys from the special fund by a two-thirds vote. Decisions
16of the committee shall not take effect unless and until
17approved by the Director of Veterans' Affairs. Each member of
18the committee shall serve until a replacement is named by the
19Director of Veterans' Affairs. One member of the committee
20shall be a member of the Veterans' Advisory Council.
21    Moneys collected from the special instant scratch-off game
22shall be used only as a supplemental financial resource and
23shall not supplant existing moneys that the Department of
24Veterans' Veterans Affairs may currently expend for the
25purposes set forth in items (i) through (v).
26    Moneys received for the purposes of this Section,

 

 

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1including, without limitation, net revenue from the special
2instant scratch-off game and from gifts, grants, and awards
3from any public or private entity, must be deposited into the
4Fund. Any interest earned on moneys in the Fund must be
5deposited into the Fund.
6    For purposes of this subsection, "net revenue" means the
7total amount for which tickets have been sold less the sum of
8the amount paid out in the prizes and the actual administrative
9expenses of the Department solely related to the scratch-off
10game under this Section.
11    (c) During the time that tickets are sold for the Illinois
12veterans scratch-off game, the Department shall not
13unreasonably diminish the efforts devoted to marketing any
14other instant scratch-off lottery game.
15    (d) The Department may adopt any rules necessary to
16implement and administer the provisions of this Section.
17(Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12;
1898-499, eff. 8-16-13; revised 9-2-16.)
 
19    Section 15. The Department of Veterans Affairs Act is
20amended by changing Sections 0.01 and 20 as follows:
 
21    (20 ILCS 2805/0.01)  (from Ch. 126 1/2, par. 65.9)
22    Sec. 0.01. Short title. This Act may be cited as the
23Department of Veterans' Veterans Affairs Act.
24(Source: P.A. 86-1324.)
 

 

 

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1    (20 ILCS 2805/20)
2    Sec. 20. Illinois Discharged Servicemember Task Force. The
3Illinois Discharged Servicemember Task Force is hereby created
4within the Department of Veterans' Veterans Affairs. The Task
5Force shall investigate the re-entry process for service
6members who return to civilian life after being engaged in an
7active theater. The investigation shall include the effects of
8post-traumatic stress disorder, homelessness, disabilities,
9and other issues the Task Force finds relevant to the re-entry
10process. For fiscal year 2012, the Task Force shall include the
11availability of prosthetics in its investigation. For fiscal
12year 2014, the Task Force shall include the needs of women
13veterans with respect to issues including, but not limited to,
14compensation, rehabilitation, outreach, health care, and
15issues facing women veterans in the community, and to offer
16recommendations on how best to alleviate these needs which
17shall be included in the Task Force Annual Report for 2014. The
18Task Force shall include the following members:
19        (a) a representative of the Department of Veterans'
20    Veterans Affairs, who shall chair the committee;
21        (b) a representative from the Department of Military
22    Affairs;
23        (c) a representative from the Office of the Illinois
24    Attorney General;
25        (d) a member of the General Assembly appointed by the

 

 

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1    Speaker of the House;
2        (e) a member of the General Assembly appointed by the
3    House Minority Leader;
4        (f) a member of the General Assembly appointed by the
5    President of the Senate;
6        (g) a member of the General Assembly appointed by the
7    Senate Minority Leader;
8        (h) 4 members chosen by the Department of Veterans'
9    Veterans Affairs, who shall represent statewide veterans'
10    organizations or veterans' homeless shelters;
11        (i) one member appointed by the Lieutenant Governor;
12    and
13        (j) a representative of the United States Department of
14    Veterans Affairs shall be invited to participate.
15Vacancies in the Task Force shall be filled by the initial
16appointing authority. Task Force members shall serve without
17compensation, but may be reimbursed for necessary expenses
18incurred in performing duties associated with the Task Force.
19    By July 1, 2008 and by July 1 of each year thereafter, the
20Task Force shall present an annual report of its findings to
21the Governor, the Attorney General, the Director of Veterans'
22Affairs, the Lieutenant Governor, and the Secretary of the
23United States Department of Veterans Affairs.
24    If the Task Force becomes inactive because active theaters
25cease, the Director of Veterans' Veterans Affairs may
26reactivate the Task Force if active theaters are reestablished.

 

 

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1(Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13;
2revised 9-8-16.)
 
3    Section 20. The Task Force on Inventorying Employment
4Restrictions Act is amended by changing Section 10 as follows:
 
5    (20 ILCS 5000/10)
6    Sec. 10. Definitions. As used in this Act:
7    "State agencies" shall mean the following State agencies,
8boards, and commissions: Department on Aging, Department of
9Agriculture, Office of Appellate Defender, Office of the
10State's Attorneys Appellate Prosecutor, Illinois Arts Council,
11Office of the Attorney General, Auditor General, Capital
12Development Board, Department of Central Management Services,
13Department of Children and Family Services, Civil Service
14Commission, Illinois Department of Commerce and Economic
15Opportunity, Illinois Commerce Commission, Illinois Community
16College Board, State of Illinois Comprehensive Health
17Insurance Plan, Office of the Comptroller, Department of
18Corrections, Criminal Justice Information Authority, Illinois
19Council on Developmental Disabilities, Illinois Deaf and Hard
20of Hearing Commission, Commission on Discrimination and Hate
21Crimes, State Board of Education, Illinois Educational Labor
22Relations Board, State Board of Elections, Illinois Emergency
23Management Agency, Department of Employment Security,
24Environmental Protection Agency, Illinois State Fair, Illinois

 

 

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1Finance Authority, Department of Financial and Professional
2Regulation, Office of the First Lady, Illinois Gaming Board,
3Office of the Governor, Guardianship and Advocacy Commission,
4Department of Healthcare and Family Services, Board of Higher
5Education, Historic Preservation Agency, Illinois Housing
6Development Authority, Illinois Human Rights Commission,
7Department of Human Rights, Department of Human Services,
8Illinois State Board of Investment, Department of Juvenile
9Justice, Office of the Lieutenant Governor, Department of
10Labor, Illinois Labor Relations Board, Illinois Law
11Enforcement Training Standards Board, Illinois Liquor Control
12Commission, Illinois Lottery, Governor's Office of Management
13and Budget, Illinois Medical District Commission, Department
14of Military Affairs, Department of Natural Resources,
15Pollution Control Board, Prairie State 2000 Authority,
16Property Tax Appeal Board, Department of Public Health,
17Illinois Prisoner Review Board, Illinois Racing Board,
18Department of Revenue, Office of the Secretary of State, State
19Fire Marshal, Illinois State Police, State Police Merit Board,
20State Retirement Systems, Office of the State Treasurer, State
21Universities Civil Service System, State Universities
22Retirement System, Illinois Student Assistance Commission,
23Illinois Supreme Court, Illinois Teachers' Retirement System,
24Illinois State Toll Highway Authority, Department of
25Transportation, Department of Veterans' Affairs Veterans
26Affairs', Governor's Office of Women's Affairs, and Illinois

 

 

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1Workers' Compensation Commission.
2(Source: P.A. 96-593, eff. 8-18-09.)
 
3    Section 25. The Illinois Procurement Code is amended by
4changing Section 45-67 as follows:
 
5    (30 ILCS 500/45-67)
6    Sec. 45-67. Encouragement to hire qualified veterans. A
7chief procurement officer may, as part of any solicitation,
8encourage potential contractors to consider hiring qualified
9veterans and to notify them of any available financial
10incentives or other advantages associated with hiring such
11persons. In establishing internal guidelines in furtherance of
12this Section, the Department of Central Management Services may
13work with an interagency advisory committee consisting of
14representatives from the Department of Veterans' Veterans
15Affairs, the Department of Employment Security, the Department
16of Commerce and Economic Opportunity, and the Department of
17Revenue and consisting of 8 members of the General Assembly, 2
18of whom are appointed by the Speaker of the House of
19Representatives, 2 of whom are appointed by the President of
20the Senate, 2 of whom are appointed by the Minority Leader of
21the House of Representatives, and 2 of whom are appointed by
22the Minority Leader of the Senate.
23    For the purposes of this Section, "qualified veteran" means
24an Illinois resident who: (i) was a member of the Armed Forces

 

 

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1of the United States, a member of the Illinois National Guard,
2or a member of any reserve component of the Armed Forces of the
3United States; (ii) served on active duty in connection with
4Operation Desert Storm, Operation Enduring Freedom, or
5Operation Iraqi Freedom; and (iii) was honorably discharged.
6    The Department of Central Management Services must report
7to the Governor and to the General Assembly by December 31 of
8each year on the activities undertaken by chief procurement
9officers and the Department of Central Management Services to
10encourage potential contractors to consider hiring qualified
11veterans. The report must include the number of vendors who
12have hired qualified veterans.
13(Source: P.A. 98-1076, eff. 1-1-15; revised 9-9-16.)
 
14    Section 30. The Nursing Home Care Act is amended by
15changing Section 2-215 as follows:
 
16    (210 ILCS 45/2-215)
17    Sec. 2-215. Conflicts with the Department of Veterans'
18Veterans Affairs Act. If there is a conflict between the
19provisions of this Act and the provisions of the Department of
20Veterans' Veterans Affairs Act concerning an Illinois Veterans
21Home not operated by the Department of Veterans' Affairs, then
22the provisions of this Act shall apply.
23(Source: P.A. 90-168, eff. 7-23-97.)
 

 

 

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1    Section 35. The Viet Nam Veterans Compensation Act is
2amended by changing Sections 3 and 5 as follows:
 
3    (330 ILCS 30/3)  (from Ch. 126 1/2, par. 57.53)
4    Sec. 3. The widow or widower, child or children, mother,
5father, person standing in loco parentis, brothers and sisters,
6in the order named, of any deceased person shall be paid the
7compensation to which the deceased person would be entitled
8under Section 2 of this Act. Where such deceased person would
9have qualified for compensation under Section 2 except for his
10death and his death was connected with such service and
11resulted from such service during the time period specified in
12Section 2, his survivors, in the order named in this Section,
13shall be paid $1000.
14    Where a preceding beneficiary fails to file a claim for
15compensation after the official notice of death the Department
16of Veterans' Affairs Illinois Veterans' Commission may proceed
17to process applications from succeeding beneficiaries, and
18such beneficiaries may then proceed to qualify upon submission
19of satisfactory proof of eligibility.
20(Source: P.A. 78-295.)
 
21    (330 ILCS 30/5)  (from Ch. 126 1/2, par. 57.55)
22    Sec. 5. The Department of Veterans' Affairs Illinois
23Veterans' Commission has complete charge and control of the
24general scheme of payments authorized by this Act and shall

 

 

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1adopt general rules for the making of such payments, the
2ascertainment and selection of proper beneficiaries and the
3amount to which such beneficiaries are entitled, and for
4procedure.
5    If the person to whom compensation is payable under this
6Act is under legal disability, it shall be paid to the person
7legally vested with the care of such legally disabled person
8under the laws of his State of residence. If no such person has
9been so designated for the legally disabled person, payment
10shall be made to the chief officer of any hospital or
11institution under the supervision or control of any State or of
12the Veterans Administration of the United States in which such
13legally disabled person is placed, if such officer is
14authorized to accept moneys for the benefit of the incompetent.
15Any payments so made shall be held or used solely for the
16benefit of the legally disabled person.
17    As used in this Section, a person under legal disability
18means any person found to be so disabled by a court of
19competent jurisdiction of any State or the District of Columbia
20or by any adjudication officer of the Veterans Administration
21of the United States.
22(Source: P.A. 83-706.)
 
23    Section 40. The Prisoner of War Bonus Act is amended by
24changing Section 2 as follows:
 

 

 

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1    (330 ILCS 35/2)  (from Ch. 126 1/2, par. 57.62)
2    Sec. 2. The widow or widower, child or children, mother,
3father, person standing in loco parentis, brothers and sisters,
4in the order named, of any deceased person shall be paid the
5compensation to which the deceased person would be entitled
6under Section 1 of this Act.
7    Where a preceding beneficiary fails to file a claim for
8compensation after the official notice of death the Department
9of Veterans' Affairs Illinois Veterans' Commission may proceed
10to process applications from succeeding beneficiaries and such
11beneficiaries may then proceed to qualify upon submission of
12satisfactory proof of eligibility.
13(Source: P.A. 78-293.)
 
14    Section 45. The Veterans Burial Places Act is amended by
15changing Section 3 as follows:
 
16    (330 ILCS 110/3)  (from Ch. 21, par. 59c)
17    Sec. 3. For the purpose of locating the burial places of
18United States War Veterans, the different Veteran
19organizations, their auxiliaries and affiliated organizations
20in the State of Illinois are authorized, without expense to the
21State, to collect the required data and prepare and file with
22the Department of Veterans' Affairs the information provided
23for in section 1 hereof. For filing and recording this report,
24the Department of Veterans' Affairs Illinois Veterans'

 

 

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1Commission may charge a fee of 25 cents for a single report and
2not to exceed 50 cents per folio for reports containing more
3than one name and more than one folio. A representative of the
4Department of Veterans' Affairs may visit cemeteries of the
5State or resort to any other reliable means to locate the
6burial places of United States War Veterans.
7(Source: P.A. 81-167.)
 
8    Section 50. The Illinois Vehicle Code is amended by
9changing Section 3-626 as follows:
 
10    (625 ILCS 5/3-626)
11    Sec. 3-626. Korean War Veteran license plates.
12    (a) In addition to any other special license plate, the
13Secretary, upon receipt of all applicable fees and applications
14made in the form prescribed by the Secretary of State, may
15issue special registration plates designated as Korean War
16Veteran license plates to residents of Illinois who
17participated in the United States Armed Forces during the
18Korean War. The special plate issued under this Section shall
19be affixed only to passenger vehicles of the first division,
20motorcycles, motor vehicles of the second division weighing not
21more than 8,000 pounds, and recreational vehicles as defined by
22Section 1-169 of this Code. Plates issued under this Section
23shall expire according to the staggered multi-year procedure
24established by Section 3-414.1 of this Code.

 

 

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1    (b) The design, color, and format of the plates shall be
2wholly within the discretion of the Secretary of State. The
3Secretary may, in his or her discretion, allow the plates to be
4issued as vanity plates or personalized in accordance with
5Section 3-405.1 of this Code. The plates are not required to
6designate "Land Of Lincoln", as prescribed in subsection (b) of
7Section 3-412 of this Code. The Secretary shall prescribe the
8eligibility requirements and, in his or her discretion, shall
9approve and prescribe stickers or decals as provided under
10Section 3-412.
11    (c) (Blank).
12    (d) The Korean War Memorial Construction Fund is created as
13a special fund in the State treasury. All moneys in the Korean
14War Memorial Construction Fund shall, subject to
15appropriation, be used by the Department of Veterans' Veteran
16Affairs to provide grants for construction of the Korean War
17Memorial to be located at Oak Ridge Cemetery in Springfield,
18Illinois. Upon the completion of the Memorial, the Department
19of Veterans' Veteran Affairs shall certify to the State
20Treasurer that the construction of the Memorial has been
21completed. Upon the certification by the Department of
22Veterans' Veteran Affairs, the State Treasurer shall transfer
23all moneys in the Fund and any future deposits into the Fund
24into the Secretary of State Special License Plate Fund.
25    (e) An individual who has been issued Korean War Veteran
26license plates for a vehicle and who has been approved for

 

 

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1benefits under the Senior Citizens and Persons with
2Disabilities Property Tax Relief Act shall pay the original
3issuance and the regular annual fee for the registration of the
4vehicle as provided in Section 3-806.3 of this Code.
5(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15;
699-642, eff. 7-28-16.)
 
7    Section 99. Effective date. This Act takes effect January
81, 2018.