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Public Act 100-0143


 

Public Act 0143 100TH GENERAL ASSEMBLY

 
 
 

 


 
Public Act 100-0143
 
HB3018 EnrolledLRB100 10303 MJP 20492 b

    AN ACT concerning the Department of Veterans' Affairs.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by changing Section 805-305 as follows:
 
    (20 ILCS 805/805-305)  (was 20 ILCS 805/63a23)
    Sec. 805-305. Campsites and housing facilities. The
Department has the power to provide facilities for overnight
tent and trailer campsites and to provide suitable housing
facilities for student and juvenile overnight camping groups.
The Department of Natural Resources may regulate, by
administrative order, the fees to be charged for tent and
trailer camping units at individual park areas based upon the
facilities available. However, for campsites with access to
showers or electricity, any Illinois resident who is age 62 or
older or has a Class 2 disability as defined in Section 4A of
the Illinois Identification Card Act shall be charged only
one-half of the camping fee charged to the general public
during the period Monday through Thursday of any week and shall
be charged the same camping fee as the general public on all
other days. For campsites without access to showers or
electricity, no camping fee authorized by this Section shall be
charged to any resident of Illinois who has a Class 2
disability as defined in Section 4A of the Illinois
Identification Card Act. For campsites without access to
showers or electricity, no camping fee authorized by this
Section shall be charged to any resident of Illinois who is age
62 or older for the use of a campsite unit during the period
Monday through Thursday of any week. No camping fee authorized
by this Section shall be charged to any resident of Illinois
who is a veteran with a disability or a former prisoner of war,
as defined in Section 5 of the Department of Veterans' Veterans
Affairs Act. No camping fee authorized by this Section shall be
charged to any resident of Illinois after returning from
service abroad or mobilization by the President of the United
States as an active duty member of the United States Armed
Forces, the Illinois National Guard, or the Reserves of the
United States Armed Forces for the amount of time that the
active duty member spent in service abroad or mobilized if the
person (i) applies for a pass at the Department office in
Springfield within 2 years after returning and provides
acceptable verification of service or mobilization to the
Department or (ii) applies for a pass at a Regional Office of
the Department within 2 years after returning and provides
acceptable verification of service or mobilization to the
Department; any portion of a year that the active duty member
spent in service abroad or mobilized shall count as a full
year. Nonresidents shall be charged the same fees as are
authorized for the general public regardless of age. The
Department shall provide by regulation for suitable proof of
age, or either a valid driver's license or a "Golden Age
Passport" issued by the federal government shall be acceptable
as proof of age. The Department shall further provide by
regulation that notice of these reduced admission fees be
posted in a conspicuous place and manner.
    Reduced fees authorized in this Section shall not apply to
any charge for utility service.
    For the purposes of this Section, "acceptable verification
of service or mobilization" means official documentation from
the Department of Defense or the appropriate Major Command
showing mobilization dates or service abroad dates, including:
(i) a DD-214, (ii) a letter from the Illinois Department of
Military Affairs for members of the Illinois National Guard,
(iii) a letter from the Regional Reserve Command for members of
the Armed Forces Reserve, (iv) a letter from the Major Command
covering Illinois for active duty members, (v) personnel
records for mobilized State employees, and (vi) any other
documentation that the Department, by administrative rule,
deems acceptable to establish dates of mobilization or service
abroad.
    For the purposes of this Section, the term "service abroad"
means active duty service outside of the 50 United States and
the District of Columbia, and includes all active duty service
in territories and possessions of the United States.
(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
    Section 10. The Illinois Lottery Law is amended by changing
Section 21.6 as follows:
 
    (20 ILCS 1605/21.6)
    Sec. 21.6. Scratch-off for Illinois veterans.
    (a) The Department shall offer a special instant
scratch-off game for the benefit of Illinois veterans. The game
shall commence on January 1, 2006 or as soon thereafter, at the
discretion of the Director, as is reasonably practical. The
operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
    (b) The Illinois Veterans Assistance Fund is created as a
special fund in the State treasury. The net revenue from the
Illinois veterans scratch-off game shall be deposited into the
Fund for appropriation by the General Assembly solely to the
Department of Veterans' Veterans Affairs for making grants,
funding additional services, or conducting additional research
projects relating to each of the following:
        (i) veterans' post traumatic stress disorder;
        (ii) veterans' homelessness;
        (iii) the health insurance costs of veterans;
        (iv) veterans' disability benefits, including but not
    limited to, disability benefits provided by veterans
    service organizations and veterans assistance commissions
    or centers;
        (v) the long-term care of veterans; provided that,
    beginning with moneys appropriated for fiscal year 2008, no
    more than 20% of such moneys shall be used for health
    insurance costs; and
        (vi) veteran employment and employment training.
    In order to expend moneys from this special fund, beginning
with moneys appropriated for fiscal year 2008, the Director of
Veterans' Affairs shall appoint a 3-member funding
authorization committee. The Director shall designate one of
the members as chairperson. The committee shall meet on a
quarterly basis, at a minimum, and shall authorize expenditure
of moneys from the special fund by a two-thirds vote. Decisions
of the committee shall not take effect unless and until
approved by the Director of Veterans' Affairs. Each member of
the committee shall serve until a replacement is named by the
Director of Veterans' Affairs. One member of the committee
shall be a member of the Veterans' Advisory Council.
    Moneys collected from the special instant scratch-off game
shall be used only as a supplemental financial resource and
shall not supplant existing moneys that the Department of
Veterans' Veterans Affairs may currently expend for the
purposes set forth in items (i) through (v).
    Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and from gifts, grants, and awards
from any public or private entity, must be deposited into the
Fund. Any interest earned on moneys in the Fund must be
deposited into the Fund.
    For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
    (c) During the time that tickets are sold for the Illinois
veterans scratch-off game, the Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
    (d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
(Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12;
98-499, eff. 8-16-13; revised 9-2-16.)
 
    Section 15. The Department of Veterans Affairs Act is
amended by changing Sections 0.01 and 20 as follows:
 
    (20 ILCS 2805/0.01)  (from Ch. 126 1/2, par. 65.9)
    Sec. 0.01. Short title. This Act may be cited as the
Department of Veterans' Veterans Affairs Act.
(Source: P.A. 86-1324.)
 
    (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, 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.
    If the Task Force becomes inactive because active theaters
cease, the Director of Veterans' 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.)
 
    Section 20. The Task Force on Inventorying Employment
Restrictions Act is amended by changing Section 10 as follows:
 
    (20 ILCS 5000/10)
    Sec. 10. Definitions. As used in this Act:
    "State agencies" shall mean the following State agencies,
boards, and commissions: Department on Aging, Department of
Agriculture, Office of Appellate Defender, Office of the
State's Attorneys Appellate Prosecutor, Illinois Arts Council,
Office of the Attorney General, Auditor General, Capital
Development Board, Department of Central Management Services,
Department of Children and Family Services, Civil Service
Commission, Illinois Department of Commerce and Economic
Opportunity, Illinois Commerce Commission, Illinois Community
College Board, State of Illinois Comprehensive Health
Insurance Plan, Office of the Comptroller, Department of
Corrections, Criminal Justice Information Authority, Illinois
Council on Developmental Disabilities, Illinois Deaf and Hard
of Hearing Commission, Commission on Discrimination and Hate
Crimes, State Board of Education, Illinois Educational Labor
Relations Board, State Board of Elections, Illinois Emergency
Management Agency, Department of Employment Security,
Environmental Protection Agency, Illinois State Fair, Illinois
Finance Authority, Department of Financial and Professional
Regulation, Office of the First Lady, Illinois Gaming Board,
Office of the Governor, Guardianship and Advocacy Commission,
Department of Healthcare and Family Services, Board of Higher
Education, Historic Preservation Agency, Illinois Housing
Development Authority, Illinois Human Rights Commission,
Department of Human Rights, Department of Human Services,
Illinois State Board of Investment, Department of Juvenile
Justice, Office of the Lieutenant Governor, Department of
Labor, Illinois Labor Relations Board, Illinois Law
Enforcement Training Standards Board, Illinois Liquor Control
Commission, Illinois Lottery, Governor's Office of Management
and Budget, Illinois Medical District Commission, Department
of Military Affairs, Department of Natural Resources,
Pollution Control Board, Prairie State 2000 Authority,
Property Tax Appeal Board, Department of Public Health,
Illinois Prisoner Review Board, Illinois Racing Board,
Department of Revenue, Office of the Secretary of State, State
Fire Marshal, Illinois State Police, State Police Merit Board,
State Retirement Systems, Office of the State Treasurer, State
Universities Civil Service System, State Universities
Retirement System, Illinois Student Assistance Commission,
Illinois Supreme Court, Illinois Teachers' Retirement System,
Illinois State Toll Highway Authority, Department of
Transportation, Department of Veterans' Affairs Veterans
Affairs', Governor's Office of Women's Affairs, and Illinois
Workers' Compensation Commission.
(Source: P.A. 96-593, eff. 8-18-09.)
 
    Section 25. The Illinois Procurement Code is amended by
changing Section 45-67 as follows:
 
    (30 ILCS 500/45-67)
    Sec. 45-67. Encouragement to hire qualified veterans. A
chief procurement officer may, as part of any solicitation,
encourage potential contractors to consider hiring qualified
veterans and to notify them of any available financial
incentives or other advantages associated with hiring such
persons. In establishing internal guidelines in furtherance of
this Section, the Department of Central Management Services may
work with an interagency advisory committee consisting of
representatives from the Department of Veterans' Veterans
Affairs, the Department of Employment Security, the Department
of Commerce and Economic Opportunity, and the Department of
Revenue and consisting of 8 members of the General Assembly, 2
of whom are appointed by the Speaker of the House of
Representatives, 2 of whom are appointed by the President of
the Senate, 2 of whom are appointed by the Minority Leader of
the House of Representatives, and 2 of whom are appointed by
the Minority Leader of the Senate.
    For the purposes of this Section, "qualified veteran" means
an Illinois resident who: (i) was a member of the Armed Forces
of the United States, a member of the Illinois National Guard,
or a member of any reserve component of the Armed Forces of the
United States; (ii) served on active duty in connection with
Operation Desert Storm, Operation Enduring Freedom, or
Operation Iraqi Freedom; and (iii) was honorably discharged.
    The Department of Central Management Services must report
to the Governor and to the General Assembly by December 31 of
each year on the activities undertaken by chief procurement
officers and the Department of Central Management Services to
encourage potential contractors to consider hiring qualified
veterans. The report must include the number of vendors who
have hired qualified veterans.
(Source: P.A. 98-1076, eff. 1-1-15; revised 9-9-16.)
 
    Section 30. The Nursing Home Care Act is amended by
changing Section 2-215 as follows:
 
    (210 ILCS 45/2-215)
    Sec. 2-215. Conflicts with the Department of Veterans'
Veterans Affairs Act. If there is a conflict between the
provisions of this Act and the provisions of the Department of
Veterans' Veterans Affairs Act concerning an Illinois Veterans
Home not operated by the Department of Veterans' Affairs, then
the provisions of this Act shall apply.
(Source: P.A. 90-168, eff. 7-23-97.)
 
    Section 35. The Viet Nam Veterans Compensation Act is
amended by changing Sections 3 and 5 as follows:
 
    (330 ILCS 30/3)  (from Ch. 126 1/2, par. 57.53)
    Sec. 3. The widow or widower, child or children, mother,
father, person standing in loco parentis, brothers and sisters,
in the order named, of any deceased person shall be paid the
compensation to which the deceased person would be entitled
under Section 2 of this Act. Where such deceased person would
have qualified for compensation under Section 2 except for his
death and his death was connected with such service and
resulted from such service during the time period specified in
Section 2, his survivors, in the order named in this Section,
shall be paid $1000.
    Where a preceding beneficiary fails to file a claim for
compensation after the official notice of death the Department
of Veterans' Affairs Illinois Veterans' Commission may proceed
to process applications from succeeding beneficiaries, and
such beneficiaries may then proceed to qualify upon submission
of satisfactory proof of eligibility.
(Source: P.A. 78-295.)
 
    (330 ILCS 30/5)  (from Ch. 126 1/2, par. 57.55)
    Sec. 5. The Department of Veterans' Affairs Illinois
Veterans' Commission has complete charge and control of the
general scheme of payments authorized by this Act and shall
adopt general rules for the making of such payments, the
ascertainment and selection of proper beneficiaries and the
amount to which such beneficiaries are entitled, and for
procedure.
    If the person to whom compensation is payable under this
Act is under legal disability, it shall be paid to the person
legally vested with the care of such legally disabled person
under the laws of his State of residence. If no such person has
been so designated for the legally disabled person, payment
shall be made to the chief officer of any hospital or
institution under the supervision or control of any State or of
the Veterans Administration of the United States in which such
legally disabled person is placed, if such officer is
authorized to accept moneys for the benefit of the incompetent.
Any payments so made shall be held or used solely for the
benefit of the legally disabled person.
    As used in this Section, a person under legal disability
means any person found to be so disabled by a court of
competent jurisdiction of any State or the District of Columbia
or by any adjudication officer of the Veterans Administration
of the United States.
(Source: P.A. 83-706.)
 
    Section 40. The Prisoner of War Bonus Act is amended by
changing Section 2 as follows:
 
    (330 ILCS 35/2)  (from Ch. 126 1/2, par. 57.62)
    Sec. 2. The widow or widower, child or children, mother,
father, person standing in loco parentis, brothers and sisters,
in the order named, of any deceased person shall be paid the
compensation to which the deceased person would be entitled
under Section 1 of this Act.
    Where a preceding beneficiary fails to file a claim for
compensation after the official notice of death the Department
of Veterans' Affairs Illinois Veterans' Commission may proceed
to process applications from succeeding beneficiaries and such
beneficiaries may then proceed to qualify upon submission of
satisfactory proof of eligibility.
(Source: P.A. 78-293.)
 
    Section 45. The Veterans Burial Places Act is amended by
changing Section 3 as follows:
 
    (330 ILCS 110/3)  (from Ch. 21, par. 59c)
    Sec. 3. For the purpose of locating the burial places of
United States War Veterans, the different Veteran
organizations, their auxiliaries and affiliated organizations
in the State of Illinois are authorized, without expense to the
State, to collect the required data and prepare and file with
the Department of Veterans' Affairs the information provided
for in section 1 hereof. For filing and recording this report,
the Department of Veterans' Affairs Illinois Veterans'
Commission may charge a fee of 25 cents for a single report and
not to exceed 50 cents per folio for reports containing more
than one name and more than one folio. A representative of the
Department of Veterans' Affairs may visit cemeteries of the
State or resort to any other reliable means to locate the
burial places of United States War Veterans.
(Source: P.A. 81-167.)
 
    Section 50. The Illinois Vehicle Code is amended by
changing Section 3-626 as follows:
 
    (625 ILCS 5/3-626)
    Sec. 3-626. Korean War Veteran license plates.
    (a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue special registration plates designated as Korean War
Veteran license plates to residents of Illinois who
participated in the United States Armed Forces during the
Korean War. The special plate issued under this Section shall
be affixed only to passenger vehicles of the first division,
motorcycles, motor vehicles of the second division weighing not
more than 8,000 pounds, and recreational vehicles as defined by
Section 1-169 of this Code. Plates issued under this Section
shall expire according to the staggered multi-year procedure
established by Section 3-414.1 of this Code.
    (b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall prescribe the
eligibility requirements and, in his or her discretion, shall
approve and prescribe stickers or decals as provided under
Section 3-412.
    (c) (Blank).
    (d) The Korean War Memorial Construction Fund is created as
a special fund in the State treasury. All moneys in the Korean
War Memorial Construction Fund shall, subject to
appropriation, be used by the Department of Veterans' Veteran
Affairs to provide grants for construction of the Korean War
Memorial to be located at Oak Ridge Cemetery in Springfield,
Illinois. Upon the completion of the Memorial, the Department
of Veterans' Veteran Affairs shall certify to the State
Treasurer that the construction of the Memorial has been
completed. Upon the certification by the Department of
Veterans' Veteran Affairs, the State Treasurer shall transfer
all moneys in the Fund and any future deposits into the Fund
into the Secretary of State Special License Plate Fund.
    (e) An individual who has been issued Korean War Veteran
license plates for a vehicle and who has been approved for
benefits under the Senior Citizens and Persons with
Disabilities Property Tax Relief Act shall pay the original
issuance and the regular annual fee for the registration of the
vehicle as provided in Section 3-806.3 of this Code.
(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16.)
 
    Section 99. Effective date. This Act takes effect January
1, 2018.

Effective Date: 1/1/2018