Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 100-0010


 

Public Act 0010 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0010
 
HB2973 EnrolledLRB100 10301 MJP 20490 b

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

Effective Date: 6/30/2017