104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3259 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: See Index Amends the Military Veterans Assistance Act. Expands the Act to allow for the formation of multi-county Veterans Assistance Commissions. Provides that veteran service organizations located in 2 or more adjacent counties having a population of 60,000 or less may enter into an agreement to come together and jointly form a multi-county Veterans Assistance Commission to serve the adjacent counties in accordance with the Act. Provides that a multi-county Veterans Assistance Commission may also be formed under an agreement between an existing county Veterans Assistance Commission and a veteran service organization located in an adjacent county that is without a veterans assistance commission and has a population of 60,000 or less. Requires an agreement to form and maintain a multi-county Veterans Assistance Commission to set forth: (i) the distribution of funding with respect to each member county; (ii) the location of the Commission's office; (iii) the type of services provided; (iv) the superintendent selection or appointment process; (v) Commission rules and policies; and (vi) the composition of delegates and alternates on the Commission. Provides that multi-county Veterans Assistance Commissions shall have the same powers and duties under the Act as Veterans Assistance Commissions that serve one county. Makes corresponding changes in the Counties Code, the Illinois Public Aid Code, the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Effective immediately. LRB104 06042 KTG 16075 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3259 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: See Index See Index Amends the Military Veterans Assistance Act. Expands the Act to allow for the formation of multi-county Veterans Assistance Commissions. Provides that veteran service organizations located in 2 or more adjacent counties having a population of 60,000 or less may enter into an agreement to come together and jointly form a multi-county Veterans Assistance Commission to serve the adjacent counties in accordance with the Act. Provides that a multi-county Veterans Assistance Commission may also be formed under an agreement between an existing county Veterans Assistance Commission and a veteran service organization located in an adjacent county that is without a veterans assistance commission and has a population of 60,000 or less. Requires an agreement to form and maintain a multi-county Veterans Assistance Commission to set forth: (i) the distribution of funding with respect to each member county; (ii) the location of the Commission's office; (iii) the type of services provided; (iv) the superintendent selection or appointment process; (v) Commission rules and policies; and (vi) the composition of delegates and alternates on the Commission. Provides that multi-county Veterans Assistance Commissions shall have the same powers and duties under the Act as Veterans Assistance Commissions that serve one county. Makes corresponding changes in the Counties Code, the Illinois Public Aid Code, the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Effective immediately. LRB104 06042 KTG 16075 b LRB104 06042 KTG 16075 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3259 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Military Veterans Assistance Act. Expands the Act to allow for the formation of multi-county Veterans Assistance Commissions. Provides that veteran service organizations located in 2 or more adjacent counties having a population of 60,000 or less may enter into an agreement to come together and jointly form a multi-county Veterans Assistance Commission to serve the adjacent counties in accordance with the Act. Provides that a multi-county Veterans Assistance Commission may also be formed under an agreement between an existing county Veterans Assistance Commission and a veteran service organization located in an adjacent county that is without a veterans assistance commission and has a population of 60,000 or less. Requires an agreement to form and maintain a multi-county Veterans Assistance Commission to set forth: (i) the distribution of funding with respect to each member county; (ii) the location of the Commission's office; (iii) the type of services provided; (iv) the superintendent selection or appointment process; (v) Commission rules and policies; and (vi) the composition of delegates and alternates on the Commission. Provides that multi-county Veterans Assistance Commissions shall have the same powers and duties under the Act as Veterans Assistance Commissions that serve one county. Makes corresponding changes in the Counties Code, the Illinois Public Aid Code, the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Effective immediately. LRB104 06042 KTG 16075 b LRB104 06042 KTG 16075 b LRB104 06042 KTG 16075 b A BILL FOR HB3259LRB104 06042 KTG 16075 b HB3259 LRB104 06042 KTG 16075 b HB3259 LRB104 06042 KTG 16075 b 1 AN ACT concerning military service. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Sections 3-9005 and 5-2006 as follows: 6 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005) 7 Sec. 3-9005. Powers and duties of State's Attorney. 8 (a) The duty of each State's Attorney shall be: 9 (1) To commence and prosecute all actions, suits, 10 indictments and prosecutions, civil and criminal, in the 11 circuit court for the county, in which the people of the 12 State or county may be concerned. 13 (2) To prosecute all forfeited bonds and 14 recognizances, and all actions and proceedings for the 15 recovery of debts, revenues, moneys, fines, penalties and 16 forfeitures accruing to the State or the county, or to any 17 school district or road district in the county; also, to 18 prosecute all suits in the county against railroad or 19 transportation companies, which may be prosecuted in the 20 name of the People of the State of Illinois. 21 (3) To commence and prosecute all actions and 22 proceedings brought by any county officer in the county 23 officer's official capacity. 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3259 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Military Veterans Assistance Act. Expands the Act to allow for the formation of multi-county Veterans Assistance Commissions. Provides that veteran service organizations located in 2 or more adjacent counties having a population of 60,000 or less may enter into an agreement to come together and jointly form a multi-county Veterans Assistance Commission to serve the adjacent counties in accordance with the Act. Provides that a multi-county Veterans Assistance Commission may also be formed under an agreement between an existing county Veterans Assistance Commission and a veteran service organization located in an adjacent county that is without a veterans assistance commission and has a population of 60,000 or less. Requires an agreement to form and maintain a multi-county Veterans Assistance Commission to set forth: (i) the distribution of funding with respect to each member county; (ii) the location of the Commission's office; (iii) the type of services provided; (iv) the superintendent selection or appointment process; (v) Commission rules and policies; and (vi) the composition of delegates and alternates on the Commission. Provides that multi-county Veterans Assistance Commissions shall have the same powers and duties under the Act as Veterans Assistance Commissions that serve one county. Makes corresponding changes in the Counties Code, the Illinois Public Aid Code, the Drug Court Treatment Act, the Veterans and Servicemembers Court Treatment Act, and the Mental Health Court Treatment Act. Effective immediately. LRB104 06042 KTG 16075 b LRB104 06042 KTG 16075 b LRB104 06042 KTG 16075 b A BILL FOR See Index LRB104 06042 KTG 16075 b HB3259 LRB104 06042 KTG 16075 b HB3259- 2 -LRB104 06042 KTG 16075 b HB3259 - 2 - LRB104 06042 KTG 16075 b HB3259 - 2 - LRB104 06042 KTG 16075 b 1 (4) To defend all actions and proceedings brought 2 against the county, or against any county or State 3 officer, in the county or State officer's official 4 capacity, within the county. 5 (5) To attend the examination of all persons brought 6 before any judge on habeas corpus, when the prosecution is 7 in the county. 8 (6) To attend before judges and prosecute charges of 9 felony or misdemeanor, for which the offender is required 10 to be recognized to appear before the circuit court, when 11 in the State's Attorney's power so to do. 12 (7) To give the State's Attorney's opinion, without 13 fee or reward, to any county officer in the county, upon 14 any question or law relating to any criminal or other 15 matter, in which the people or the county may be 16 concerned. 17 (8) To assist the Attorney General whenever it may be 18 necessary, and in cases of appeal from the county to the 19 Supreme Court, to which it is the duty of the Attorney 20 General to attend, the State's Attorney shall furnish the 21 Attorney General at least 10 days before such is due to be 22 filed, a manuscript of a proposed statement, brief and 23 argument to be printed and filed on behalf of the people, 24 prepared in accordance with the rules of the Supreme 25 Court. However, if such brief, argument or other document 26 is due to be filed by law or order of court within this HB3259 - 2 - LRB104 06042 KTG 16075 b HB3259- 3 -LRB104 06042 KTG 16075 b HB3259 - 3 - LRB104 06042 KTG 16075 b HB3259 - 3 - LRB104 06042 KTG 16075 b 1 10-day period, then the State's Attorney shall furnish 2 such as soon as may be reasonable. 3 (9) To pay all moneys received by the State's Attorney 4 in trust, without delay, to the officer who by law is 5 entitled to the custody thereof. 6 (10) To notify, by first class mail, complaining 7 witnesses of the ultimate disposition of the cases arising 8 from an indictment or an information. 9 (11) To perform such other and further duties as may, 10 from time to time, be enjoined on the State's Attorney by 11 law. 12 (12) To appear in all proceedings by collectors of 13 taxes against delinquent taxpayers for judgments to sell 14 real estate, and see that all the necessary preliminary 15 steps have been legally taken to make the judgment legal 16 and binding. 17 (13) To notify, by first-class mail, the State 18 Superintendent of Education, the applicable regional 19 superintendent of schools, and the superintendent of the 20 employing school district or the chief school 21 administrator of the employing nonpublic school, if any, 22 upon the conviction of any individual known to possess a 23 certificate or license issued pursuant to Article 21 or 24 21B, respectively, of the School Code of any offense set 25 forth in Section 21B-80 of the School Code or any other 26 felony conviction, providing the name of the certificate HB3259 - 3 - LRB104 06042 KTG 16075 b HB3259- 4 -LRB104 06042 KTG 16075 b HB3259 - 4 - LRB104 06042 KTG 16075 b HB3259 - 4 - LRB104 06042 KTG 16075 b 1 holder, the fact of the conviction, and the name and 2 location of the court where the conviction occurred. The 3 certificate holder must also be contemporaneously sent a 4 copy of the notice. 5 (b) The State's Attorney of each county shall have 6 authority to appoint one or more special investigators to 7 serve subpoenas and summonses, make return of process, and 8 conduct investigations which assist the State's Attorney in 9 the performance of the State's Attorney duties. In counties of 10 the first and second class, the fees for service of subpoenas 11 and summonses are allowed by this Section and shall be 12 consistent with those set forth in Section 4-5001 of this Act, 13 except when increased by county ordinance as provided for in 14 Section 4-5001. In counties of the third class, the fees for 15 service of subpoenas and summonses are allowed by this Section 16 and shall be consistent with those set forth in Section 17 4-12001 of this Act. A special investigator shall not carry 18 firearms except with permission of the State's Attorney and 19 only while carrying appropriate identification indicating the 20 special investigator's employment and in the performance of 21 the special investigator's assigned duties. 22 Subject to the qualifications set forth in this 23 subsection, special investigators shall be peace officers and 24 shall have all the powers possessed by investigators under the 25 State's Attorneys Appellate Prosecutor's Act. 26 No special investigator employed by the State's Attorney HB3259 - 4 - LRB104 06042 KTG 16075 b HB3259- 5 -LRB104 06042 KTG 16075 b HB3259 - 5 - LRB104 06042 KTG 16075 b HB3259 - 5 - LRB104 06042 KTG 16075 b 1 shall have peace officer status or exercise police powers 2 unless the special investigator successfully completes the 3 basic police training course mandated and approved by the 4 Illinois Law Enforcement Training Standards Board or such 5 board waives the training requirement by reason of the special 6 investigator's prior law enforcement experience or training or 7 both. Any State's Attorney appointing a special investigator 8 shall consult with all affected local police agencies, to the 9 extent consistent with the public interest, if the special 10 investigator is assigned to areas within that agency's 11 jurisdiction. 12 Before a person is appointed as a special investigator, 13 the person's fingerprints shall be taken and transmitted to 14 the Department of State Police. The Department shall examine 15 its records and submit to the State's Attorney of the county in 16 which the investigator seeks appointment any conviction 17 information concerning the person on file with the Department. 18 No person shall be appointed as a special investigator if the 19 person has been convicted of a felony or other offense 20 involving moral turpitude. A special investigator shall be 21 paid a salary and be reimbursed for actual expenses incurred 22 in performing the special investigator's assigned duties. The 23 county board shall approve the salary and actual expenses and 24 appropriate the salary and expenses in the manner prescribed 25 by law or ordinance. 26 (c) The State's Attorney may request and receive from HB3259 - 5 - LRB104 06042 KTG 16075 b HB3259- 6 -LRB104 06042 KTG 16075 b HB3259 - 6 - LRB104 06042 KTG 16075 b HB3259 - 6 - LRB104 06042 KTG 16075 b 1 employers, labor unions, telephone companies, and utility 2 companies location information concerning putative fathers and 3 noncustodial parents for the purpose of establishing a child's 4 paternity or establishing, enforcing, or modifying a child 5 support obligation. In this subsection, "location information" 6 means information about (i) the physical whereabouts of a 7 putative father or noncustodial parent, (ii) the putative 8 father or noncustodial parent's employer, or (iii) the salary, 9 wages, and other compensation paid and the health insurance 10 coverage provided to the putative father or noncustodial 11 parent by the employer of the putative father or noncustodial 12 parent or by a labor union of which the putative father or 13 noncustodial parent is a member. 14 (d) (Blank). 15 (e) The State's Attorney shall have the authority to enter 16 into a written agreement with the Department of Revenue for 17 pursuit of civil liability under subsection (E) of Section 18 17-1 of the Criminal Code of 2012 against persons who have 19 issued to the Department checks or other orders in violation 20 of the provisions of paragraph (1) of subsection (B) of 21 Section 17-1 of the Criminal Code of 2012, with the Department 22 to retain the amount owing upon the dishonored check or order 23 along with the dishonored check fee imposed under the Uniform 24 Penalty and Interest Act, with the balance of damages, fees, 25 and costs collected under subsection (E) of Section 17-1 of 26 the Criminal Code of 2012 or under Section 17-1a of that Code HB3259 - 6 - LRB104 06042 KTG 16075 b HB3259- 7 -LRB104 06042 KTG 16075 b HB3259 - 7 - LRB104 06042 KTG 16075 b HB3259 - 7 - LRB104 06042 KTG 16075 b 1 to be retained by the State's Attorney. The agreement shall 2 not affect the allocation of fines and costs imposed in any 3 criminal prosecution. 4 (f) In a county with less than 2,000,000 inhabitants, and 5 only upon receipt of a written request by the superintendent 6 of the county or multi-county Veterans Assistance Commission 7 for the county in which the State's Attorney is located, the 8 State's Attorney shall have the discretionary authority to 9 render an opinion, without fee or reward, upon any question of 10 law relating to a matter in which the county or multi-county 11 Veterans Assistance Commission may be concerned. The State's 12 Attorney shall have the discretion to grant or decline such a 13 request. 14 (Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.) 15 (55 ILCS 5/5-2006) (from Ch. 34, par. 5-2006) 16 Sec. 5-2006. Tax for Veterans Assistance Commission. The 17 county board of each county having a population of less than 3 18 million in which there is a Veterans Assistance Commission or 19 which is a part of a multi-county Veterans Assistance 20 Commission as provided in Section 9 of the Military Veterans 21 Assistance Act may levy a tax of not to exceed .03% of the 22 assessed value annually on all taxable property of the county, 23 for the purpose of providing assistance to military veterans 24 and their families pursuant to such Act. Whenever not less 25 than 10% of the electors of the county petition the county HB3259 - 7 - LRB104 06042 KTG 16075 b HB3259- 8 -LRB104 06042 KTG 16075 b HB3259 - 8 - LRB104 06042 KTG 16075 b HB3259 - 8 - LRB104 06042 KTG 16075 b 1 board to levy the tax at not to exceed .04% of the assessed 2 value, the county board shall certify the proposition to the 3 proper election officials who shall submit the proposition at 4 the next general election in accordance with the general 5 election law. If a majority of the electors vote in favor of 6 the proposition, the county board may, annually, levy the tax 7 as authorized. The proceeds of any tax so levied shall be used 8 exclusively for the assistance purposes authorized thereunder, 9 and a portion thereof may be expended for the salaries of any 10 officers or employees of the county or multi-county Veterans 11 Assistance Commission, for the authorized reimbursement of any 12 officer or employee of the county or multi-county Veterans 13 Assistance Commission, as provided in Section 10 of the 14 Military Veterans Assistance Act, or for any other expenses 15 incident to the administration of such assistance. 16 The tax shall be separate from all other taxes which the 17 county is authorized to levy on the aggregate valuation of the 18 property within the county and shall not be included in any tax 19 limitation of the rate upon which taxes are required to be 20 extended, but shall be excluded therefrom and in addition 21 thereto. The tax shall be levied and collected in like manner 22 as the general taxes of the county, and, when collected, shall 23 be paid into a special fund in the county treasury and used 24 only as herein authorized, or disbursed from the county 25 treasury of a county in which a properly organized county or 26 multi-county Veterans Assistance Commission is authorized HB3259 - 8 - LRB104 06042 KTG 16075 b HB3259- 9 -LRB104 06042 KTG 16075 b HB3259 - 9 - LRB104 06042 KTG 16075 b HB3259 - 9 - LRB104 06042 KTG 16075 b 1 under Section 3-11008 of this Code. 2 The limitations on tax rates herein provided may be 3 increased or decreased under the referendum provisions of the 4 General Revenue Law of Illinois. 5 If a county has levied the tax herein authorized or 6 otherwise meets the conditions set out in Section 12-21.13 of 7 the Illinois Public Aid Code, to qualify for State funds to 8 supplement local funds for public purposes under Articles III, 9 IV, V, VI, and IX of that Code and otherwise meets the 10 conditions set out in Article XII of that Code for receipt of 11 State aid, the Illinois Department of Human Services shall 12 allocate and pay to the county such additional sums as it 13 determines to be necessary to meet the needs of assistance to 14 military veterans and their families in the county and 15 expenses incident to the administration of such assistance. In 16 counties where a county or multi-county Veterans Assistance 17 Commission has been properly created, those County Veterans 18 Assistance Commissions or Multi-County Veterans Assistance 19 Commissions shall be in charge of the administration of such 20 assistance provided under the Illinois Public Aid Code for 21 military veterans and their families. 22 (Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.) 23 Section 10. The Illinois Public Aid Code is amended by 24 changing Sections 12-3, 12-21.5, and 12-21.13 as follows: HB3259 - 9 - LRB104 06042 KTG 16075 b HB3259- 10 -LRB104 06042 KTG 16075 b HB3259 - 10 - LRB104 06042 KTG 16075 b HB3259 - 10 - LRB104 06042 KTG 16075 b 1 (305 ILCS 5/12-3) (from Ch. 23, par. 12-3) 2 Sec. 12-3. Local governmental units. As provided in 3 Article VI, local governmental units shall provide funds for 4 and administer the programs provided in that Article subject, 5 where so provided, to the supervision of the Illinois 6 Department. Local governmental units shall also provide the 7 social services and utilize the rehabilitative facilities 8 authorized in Article IX for persons served through Article 9 VI, and shall discharge such other duties as may be required by 10 this Code or other laws of this State. 11 In counties not under township organization, the county 12 shall provide funds for and administer such programs. 13 In counties under township organization (including any 14 such counties in which the governing authority is a board of 15 commissioners) the various towns other than those towns lying 16 entirely within the corporate limits of any city, village or 17 incorporated town having a population of more than 500,000 18 inhabitants shall provide funds for and administer such 19 programs. 20 Cities, villages, and incorporated towns having a 21 population of more than 500,000 inhabitants shall provide 22 funds for public aid purposes under Article VI but the 23 Department of Human Services shall administer the program for 24 such municipality. For the fiscal year beginning July 1, 2003, 25 however, the municipality shall decrease by $5,000,000 the 26 amount of funds it provides for public aid purposes under HB3259 - 10 - LRB104 06042 KTG 16075 b HB3259- 11 -LRB104 06042 KTG 16075 b HB3259 - 11 - LRB104 06042 KTG 16075 b HB3259 - 11 - LRB104 06042 KTG 16075 b 1 Article VI. For each fiscal year thereafter, the municipality 2 shall decrease the amount of funds it provides for public aid 3 purposes under Article VI in that fiscal year by an additional 4 amount equal to (i) $5,000,000 or (ii) the amount provided by 5 the municipality in the preceding fiscal year, whichever is 6 less, until the municipality does not provide any funds for 7 public aid purposes under Article VI. 8 Incorporated towns which have superseded civil townships 9 shall provide funds for and administer the public aid program 10 provided by Article VI. 11 In counties of less than 3 million population having a 12 County Veterans Assistance Commission or a Multi-County 13 Veterans Assistance Commission in which there has been levied 14 a tax as authorized by Section 5-2006 of the Counties Code for 15 the purpose of providing assistance to military veterans and 16 their families, the County Veterans Assistance Commission or 17 Multi-County Veterans Assistance Commission shall administer 18 the programs provided by Article VI for such military veterans 19 and their families as seek aid through the County Veterans 20 Assistance Commission or Multi-County Veterans Assistance 21 Commission. 22 (Source: P.A. 92-111, eff. 1-1-02; 92-597, eff. 6-28-02.) 23 (305 ILCS 5/12-21.5) (from Ch. 23, par. 12-21.5) 24 Sec. 12-21.5. Veterans Assistance Commission as local 25 governmental unit. HB3259 - 11 - LRB104 06042 KTG 16075 b HB3259- 12 -LRB104 06042 KTG 16075 b HB3259 - 12 - LRB104 06042 KTG 16075 b HB3259 - 12 - LRB104 06042 KTG 16075 b 1 In counties having less than 3 million inhabitants in 2 which there is created a County Veterans Assistance Commission 3 or a Multi-County Veterans Assistance Commission, the 4 Superintendent of Veterans Assistance shall be selected and 5 other employees appointed as provided in Section 10 of the 6 Military Veterans Assistance Act and the compensation of the 7 Superintendent and other employees shall be as therein 8 provided. 9 (Source: P.A. 87-796.) 10 (305 ILCS 5/12-21.13) (from Ch. 23, par. 12-21.13) 11 Sec. 12-21.13. Local funds required to qualify for state 12 aid. To qualify for State funds to supplement local funds for 13 public aid purposes, a local governmental unit shall, except 14 as hereinafter provided, levy within the time that such levy 15 is authorized to be made a tax of an amount which, when added 16 to the unobligated balance available for such purposes at the 17 close of the fiscal year preceding the fiscal year for which 18 the tax is levied will equal .10% of the last known total 19 equalized value of all taxable property in the governmental 20 unit. 21 In a county of less than 3 million population in which 22 there is created a County Veterans Assistance Commission or a 23 Multi-County Veterans Assistance Commission, the county shall 24 levy for assistance to military veterans and their families, 25 within the time that such levy is authorized to be made, a tax HB3259 - 12 - LRB104 06042 KTG 16075 b HB3259- 13 -LRB104 06042 KTG 16075 b HB3259 - 13 - LRB104 06042 KTG 16075 b HB3259 - 13 - LRB104 06042 KTG 16075 b 1 of an amount which, when added to the unobligated balance 2 available for such purpose at the close of the preceding 3 fiscal year will equal .02% of the last known assessed value of 4 the taxable property in the county, or which will equal .03% of 5 such assessed value if such higher amount is authorized by the 6 electors of the county, as provided in Section 5-2006 of the 7 Counties Code. 8 If, however, at the latest date in the year on which the 9 aforesaid taxes are authorized to be levied there is in the 10 unobligated balance of the local governmental unit an amount 11 equal to .10%, or .02% in the case of Veterans' Assistance, of 12 the last known total equalized value of all taxable property 13 in the governmental unit, then no tax need be levied in that 14 year in order for the local governmental unit to qualify for 15 State funds. 16 In determining the amount of the unobligated balance which 17 is to be applied in producing the required levy for receipt of 18 State funds, or which is to be applied in determining whether a 19 tax levy is required, there shall be deducted from the gross 20 unobligated balance of funds available at the close of the 21 preceding fiscal year the total amount of State funds 22 allocated to the governmental unit during that year and the 23 total amount of any monies transferred to a township's general 24 town fund under Section 235-20 of the Township Code during 25 that year, and only the remainder shall be considered in 26 determining the amount of the deficiency needed to produce an HB3259 - 13 - LRB104 06042 KTG 16075 b HB3259- 14 -LRB104 06042 KTG 16075 b HB3259 - 14 - LRB104 06042 KTG 16075 b HB3259 - 14 - LRB104 06042 KTG 16075 b 1 amount equal to the qualifying levy for the current year. 2 (Source: P.A. 87-796; 88-670, eff. 12-2-94.) 3 Section 15. The Military Veterans Assistance Act is 4 amended by changing Sections 1, 2, 4, 5, 8, 9, and 10 as 5 follows: 6 (330 ILCS 45/1) (from Ch. 23, par. 3081) 7 Sec. 1. Definitions. As used in this Act: 8 "Commission" means a county Veterans Assistance Commission 9 or a multi-county Veterans Assistance Commission, or both, 10 unless the context requires a different meaning. 11 "Member county" means any county that is served by a 12 multi-county Veterans Assistance Commission established in 13 accordance with subsection (a-1) of Section 9. 14 "Veteran service organization" means a post, ship, camp, 15 chapter, or detachment of a congressionally chartered or state 16 chartered organization that (i) is formed by and for veterans, 17 (ii) has a paid membership of at least 15 individuals, and 18 (iii) provides responsible aid, assistance, or services to the 19 veteran community. 20 "Administrator of military veterans assistance" means the 21 commanders of the various veteran service organizations, the 22 superintendent of a County Veterans Assistance Commission, or 23 other persons whose duty it is, under the existing statutes, 24 to care for, relieve or maintain, wholly or in part, any person HB3259 - 14 - LRB104 06042 KTG 16075 b HB3259- 15 -LRB104 06042 KTG 16075 b HB3259 - 15 - LRB104 06042 KTG 16075 b HB3259 - 15 - LRB104 06042 KTG 16075 b 1 who may be entitled to such assistance under the statutes of 2 the State of Illinois. This Act shall not infringe upon the 3 mandated powers and authorities vested in the Illinois 4 Department of Veterans' Affairs. 5 (Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.) 6 (330 ILCS 45/2) (from Ch. 23, par. 3082) 7 Sec. 2. The purpose of this Act is, in part, to provide, in 8 accordance with this Section, just and necessary assistance 9 and services to military veterans who served in the Armed 10 Forces of the United States and whose last discharge from the 11 service was honorable or general under honorable conditions, 12 to their families, and to the families of deceased veterans 13 with service who need such assistance and services. The 14 following actions shall be taken in support of that purpose: 15 (1) The supervisor of general assistance or the county 16 board shall provide such sums of money as may be just and 17 necessary to be drawn by the commander, quartermaster or 18 commandant of any veterans service organization, in the 19 city or town, or the superintendent of any county or 20 multi-county Veterans' Assistance Commission of the 21 county, upon the recommendation of the assistance 22 committee of that veterans service organization or county 23 or multi-county Veterans' Assistance Commission. 24 (A) Funding for county and multi-county Veterans 25 Assistance Commissions may be derived from 3 sources, HB3259 - 15 - LRB104 06042 KTG 16075 b HB3259- 16 -LRB104 06042 KTG 16075 b HB3259 - 16 - LRB104 06042 KTG 16075 b HB3259 - 16 - LRB104 06042 KTG 16075 b 1 if applicable: 2 (i) a tax levied under Section 5-2006 of the 3 Counties Code and Section 12-21.13 of the Illinois 4 Public Aid Code; 5 (ii) funds from the county general corporate 6 fund or, in the case of a multi-county Veterans 7 Assistance Commission, from the county general 8 corporate fund of each member county; and 9 (iii) State funds from the Department of Human 10 Services. 11 (B) The minimum amount to be provided annually to 12 county and multi-county Veterans Assistance 13 Commissions is provided in Section 12-21.13 of the 14 Illinois Public Aid Code, unless the delegates of the 15 County or Multi-County Veterans Assistance Commission 16 determine that a lesser amount covers the just and 17 necessary sums. 18 (2) If any supervisor of general assistance or county 19 board fails or refuses after such recommendation to 20 provide just and necessary sums of money for such 21 assistance, then the veteran service organization or the 22 superintendent of any county or multi-county Veterans' 23 Assistance Commission located in the district of such 24 supervisor of general assistance or such county board 25 shall apply to the circuit court of the district or county 26 for relief by mandamus upon the supervisor of general HB3259 - 16 - LRB104 06042 KTG 16075 b HB3259- 17 -LRB104 06042 KTG 16075 b HB3259 - 17 - LRB104 06042 KTG 16075 b HB3259 - 17 - LRB104 06042 KTG 16075 b 1 assistance or county board requiring him, her or it to 2 pay, or to appropriate and pay such sums of money, and upon 3 proof made of the justice and necessity of the claim, the 4 circuit court shall grant the sums so requested. 5 (3) Such sums of money shall be drawn in the manner now 6 provided under Section 5-2006 of the Counties Code and 7 Section 12-21.13 of the Illinois Public Aid Code. Orders 8 of commanders, quartermasters, commandants, or 9 superintendents of those veterans service organizations or 10 those county or multi-county Veterans' Assistance 11 Commissions shall be proper warrants for the expenditure 12 of such sums of money. 13 (Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.) 14 (330 ILCS 45/4) (from Ch. 23, par. 3084) 15 Sec. 4. Upon the taking effect of this Act, the commander 16 of any veteran service organization or any properly created 17 county or multi-county Veterans Assistance Commission, which 18 shall undertake the assistance of military veterans and their 19 families, as hereinbefore provided, before the acts of the 20 commander, quartermaster, or commandant shall be operative in 21 any city or town, shall file with the city clerk of such city 22 or town clerk of such town, or administrator of military 23 veterans assistance of such town or county, a notice that said 24 veteran service organization or county or multi-county 25 Veterans Assistance Commission intends to undertake such HB3259 - 17 - LRB104 06042 KTG 16075 b HB3259- 18 -LRB104 06042 KTG 16075 b HB3259 - 18 - LRB104 06042 KTG 16075 b HB3259 - 18 - LRB104 06042 KTG 16075 b 1 assistance as is provided by this Act, and such notice shall 2 contain the names of the assistance committee of the veteran 3 service organization or county or multi-county Veterans 4 Assistance Commission in such city or town, and the commander 5 and other officers of said veteran service organization or 6 county or multi-county Veterans Assistance Commission. And the 7 commander of the veteran service organization or county or 8 multi-county Veterans Assistance Commission shall annually 9 thereafter, during the month of October, file a similar notice 10 with the city or town clerk, or the administrator of military 11 veterans assistance, also a detailed statement of the amount 12 of assistance furnished during the preceding year, with the 13 names of all persons to whom such assistance shall have been 14 furnished, together with a brief statement in such case from 15 the assistance committee upon whose recommendation the orders 16 were drawn. Any person who fails or neglects so to do at the 17 time required by this Act shall be guilty of a petty offense 18 and fined $250 to be recovered in the name of the county in the 19 circuit court. 20 (Source: P.A. 102-732, eff. 1-1-23.) 21 (330 ILCS 45/5) (from Ch. 23, par. 3085) 22 Sec. 5. The auditing board of any city or town or county 23 auditor, or the administrator of military veterans assistance 24 of any city, town, or county, may require of the commander, 25 quartermaster, or commandant of any veteran service HB3259 - 18 - LRB104 06042 KTG 16075 b HB3259- 19 -LRB104 06042 KTG 16075 b HB3259 - 19 - LRB104 06042 KTG 16075 b HB3259 - 19 - LRB104 06042 KTG 16075 b 1 organization, or superintendent of any properly organized 2 county or multi-county Veterans Assistance Commission, 3 undertaking such assistance in any city or town, a bond with 4 sufficient and satisfactory sureties for the faithful and 5 honest discharge of their duties under this Act. 6 (Source: P.A. 102-732, eff. 1-1-23.) 7 (330 ILCS 45/8) (from Ch. 23, par. 3088) 8 Sec. 8. The commander, quartermaster, or commandant of any 9 veteran service organization or the superintendent of any 10 county or multi-county Veterans' Assistance Commission of 11 Illinois shall annually report to the Governor, on or before 12 the first day of January of each year, such portions of the 13 transactions of the aforementioned veteran service 14 organization or county or multi-county Veterans Assistance 15 Commission relating thereto as the commander or superintendent 16 may deem to be of interest to that organization and the people 17 of the State. A copy of that report shall be provided to the 18 president or chairperson of the county board and shall be made 19 publicly available online. 20 (Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.) 21 (330 ILCS 45/9) (from Ch. 23, par. 3089) 22 Sec. 9. Veterans Assistance Commission. 23 (a) In counties having 2 or more veteran service 24 organizations as may be recognized by law, the veteran service HB3259 - 19 - LRB104 06042 KTG 16075 b HB3259- 20 -LRB104 06042 KTG 16075 b HB3259 - 20 - LRB104 06042 KTG 16075 b HB3259 - 20 - LRB104 06042 KTG 16075 b 1 organizations may come together to form a Veterans Assistance 2 Commission of such county. 3 (a-1) Beginning on and after the effective date of this 4 amendatory Act of the 104th General Assembly, veteran service 5 organizations located in 2 or more adjacent counties having a 6 population of 60,000 or less may enter into an agreement to 7 come together and jointly form a multi-county Veterans 8 Assistance Commission to serve the adjacent counties in 9 accordance with this Act. A multi-county Veterans Assistance 10 Commission may also be formed under an agreement between an 11 existing county Veterans Assistance Commission and a veteran 12 service organization located in an adjacent county that is 13 without a veterans assistance commission and has a population 14 of 60,000 or less. An agreement to form and maintain a 15 multi-county Veterans Assistance Commission shall be in 16 accordance with this Act and shall set forth the following: 17 (i) the distribution of funding with respect to each member 18 county as provided in Section 2; (ii) the location of the 19 Commission's office; (iii) the type of services provided; (iv) 20 the superintendent selection or appointment process; (v) 21 Commission rules and policies including those provided in 22 subsection (g-5); and (vi) the composition of delegates and 23 alternates on the Commission. Multi-county Veterans Assistance 24 Commissions shall have the same powers and duties under this 25 Act as county Veterans Assistance Commissions, including 26 powers and duties provided under Sections 2 and 9 and those HB3259 - 20 - LRB104 06042 KTG 16075 b HB3259- 21 -LRB104 06042 KTG 16075 b HB3259 - 21 - LRB104 06042 KTG 16075 b HB3259 - 21 - LRB104 06042 KTG 16075 b 1 powers and duties set out in the terms of the agreement 2 establishing the multi-county Veterans Assistance Commission. 3 (a-5) The county or multi-county Veterans Assistance 4 Commission of such county may act as the central service 5 office for all veterans and their families and for the 6 families of deceased veterans. The Commission shall be 7 composed of delegates and alternates from a majority of such 8 veteran service organizations selected annually as determined 9 by each veteran service organization located within the county 10 or within the respective member counties. When so organized a 11 Commission shall be clothed with all the powers and may be 12 charged with all the duties theretofore devolving upon the 13 different veteran service organizations within the county or 14 member counties as provided in Section 2. 15 (1) Every January 1, all county and multi-county 16 Veterans Assistance Commissions shall publish a notice to 17 each veteran service organization within their respective 18 county or member counties calling on them to select 19 delegates and alternates for the county or multi-county 20 that county's Veterans Assistance Commission by the 21 methods provided in this subsection. The Veterans 22 Assistance Commissions shall allow each veteran service 23 organization until March 1 to respond, at which time those 24 selected and duly appointed delegates and alternates shall 25 begin their term of office with full voting rights. Once 26 selected, delegates and alternates are bound by the Public HB3259 - 21 - LRB104 06042 KTG 16075 b HB3259- 22 -LRB104 06042 KTG 16075 b HB3259 - 22 - LRB104 06042 KTG 16075 b HB3259 - 22 - LRB104 06042 KTG 16075 b 1 Officer Prohibited Activities Act. 2 (2) Except as provided in paragraph (3), veteran 3 service organizations shall be permitted to select one 4 delegate and one alternate. 5 (3) In counties with 5 or more of the same veteran 6 service organizations, all the constituent veteran service 7 organizations shall be permitted to select up to 5 8 delegates and 5 alternates to represent that veteran 9 service organization instead of each constituent veteran 10 service organization selecting one delegate and one 11 alternate. For the purposes of meeting the majority 12 requirement of this subsection, when the constituent 13 groups of a veteran service organization choose to select 14 those delegates and alternates, those selected and duly 15 appointed delegates and alternates shall represent the 16 aggregate percentage of the constituent groups. 17 (4) Except as provided in an agreement establishing a 18 multi-county Veterans Assistance Commission under 19 subsection (a-1), if If a veteran service organization 20 serves more than one county, then it shall be permitted to 21 select one delegate and one alternate for the Veterans 22 Assistance Commission in each county in which at least 25% 23 of its members reside. 24 (5) All undertakings of, or actions taken by, the 25 Commission shall require a vote from a majority of the 26 full commission membership. No committee or other subgroup HB3259 - 22 - LRB104 06042 KTG 16075 b HB3259- 23 -LRB104 06042 KTG 16075 b HB3259 - 23 - LRB104 06042 KTG 16075 b HB3259 - 23 - LRB104 06042 KTG 16075 b 1 of delegates and alternates formed by the Commission, 2 whether selected or appointed, may be granted the power or 3 authority to act in the place of or on behalf of the full 4 body of the duly selected or appointed Commission 5 membership. 6 (6) No superintendent or any other employee of the 7 county or multi-county Veterans Assistance Commission may 8 retain the position of delegate or alternate or any voting 9 rights while employed by the Veterans Assistance 10 Commission. 11 (7) No committee or other subgroup of delegates and 12 alternates formed by the Commission, whether selected or 13 appointed, may bar any other duly appointed Commission 14 member from attending or otherwise being present during 15 any closed meetings or sessions of that committee or 16 group. 17 (8) The county or member counties may, at its 18 discretion, appoint a representative to the Commission who 19 may attend any public meeting of the Commission. That 20 representative shall be a veteran, may not have voting 21 rights, may not hold any office or title on the 22 Commission, and may not be present during any nonpublic 23 meeting of the Commission, except as authorized in this 24 Act. For matters of executive session, the non-voting 25 county appointee may attend meetings that are closed in 26 accordance with paragraphs (1), (3), (5), (6), or (11) of HB3259 - 23 - LRB104 06042 KTG 16075 b HB3259- 24 -LRB104 06042 KTG 16075 b HB3259 - 24 - LRB104 06042 KTG 16075 b HB3259 - 24 - LRB104 06042 KTG 16075 b 1 subsection (c) of Section 2 of the Open Meetings Act for 2 litigation matters not relating to litigation between the 3 Commission and the county or member counties County. 4 (b) The Commission and its selected or appointed 5 superintendent shall have oversight of the distribution of all 6 moneys and supplies appropriated for the benefit of military 7 veterans and their families, subject to such rules, 8 regulations, administrative procedures or audit reviews as are 9 required by this Act and as are necessary as approved by the 10 Commission to carry out the spirit and intent of this Act. No 11 warrant authorized under this Act may be issued for the 12 payment of money without the presentation of an itemized 13 statement or claim, approved by the superintendent of the 14 Commission. 15 (c) The superintendent of the county or multi-county 16 Veterans Assistance Commission, selected, appointed, or hired 17 by the Commission is an at-will employee who shall be 18 answerable to, and shall report to, the Commission. 19 (d) The superintendent shall be evaluated annually and a 20 written report shall be generated. A copy of the report from 21 the evaluation shall be provided to the entire Commission 22 membership. 23 (e) A superintendent may be removed from office if, after 24 delegates from no less than 3 different veteran service 25 organizations file a written request calling for the 26 superintendent's removal, there is a vote from a majority of HB3259 - 24 - LRB104 06042 KTG 16075 b HB3259- 25 -LRB104 06042 KTG 16075 b HB3259 - 25 - LRB104 06042 KTG 16075 b HB3259 - 25 - LRB104 06042 KTG 16075 b 1 the full Commission membership in favor of such removal. 2 (f) Each county and multi-county Veterans Assistance 3 Commission shall establish and maintain bylaws that outline 4 the framework, policies, and procedures for conducting the 5 business of the Commission and for the rules and regulations 6 that apply to its members. Those bylaws shall reflect 7 compliance with all relevant laws at the time they are 8 established and shall be revised as necessary to remain in 9 compliance with current law. The establishment of those 10 bylaws, and any revisions thereafter, shall require a minimum 11 two-thirds majority vote of approval from a majority of the 12 full Commission membership. 13 (g) Each county Veterans Assistance Commission shall, in 14 writing, adopt all applicable policies already established and 15 in place in its respective county, including, but not limited 16 to, policies related to compensation, employee rights, ethics, 17 procurement, and budget, and shall adapt those policies to fit 18 its organizational structure. Those policies shall then be 19 considered the policies of the county Veterans Assistance 20 Commission and they shall be implemented and adhered to, 21 accordingly, by the superintendent and by the Commission. The 22 Commission shall amend its adopted policies whenever a county 23 board amends an applicable policy within 60 days of the county 24 board amendment. 25 (g-5) Each multi-county Veterans Assistance Commission 26 shall, in writing, adopt policies related to compensation, HB3259 - 25 - LRB104 06042 KTG 16075 b HB3259- 26 -LRB104 06042 KTG 16075 b HB3259 - 26 - LRB104 06042 KTG 16075 b HB3259 - 26 - LRB104 06042 KTG 16075 b 1 employee rights, ethics, procurement, and budget that fit the 2 Commission's organizational structure. Those policies shall 3 then be considered the policies of the multi-county Veterans 4 Assistance Commission and they shall be implemented and 5 adhered to, accordingly, by the superintendent and by the 6 Commission. The agreement establishing the multi-county 7 Veterans Assistance Commission, as provided in subsection 8 (a-1), shall set forth a process for reviewing and amending 9 Commission policies. 10 (h) No warrant authorized under this Act may be issued for 11 the payment of money without the presentation of an itemized 12 statement or claim, approved by the superintendent of the 13 Commission and reported to the full Commission membership. 14 (i) Each county and multi-county Veterans Assistance 15 Commission shall perform an annual audit in accordance with 16 the Governmental Account Audit Act using either the auditing 17 services provided by its respective county or one of its 18 member counties or the services of an independent auditor 19 whose services shall be paid for by the Commission. A copy of 20 that audit report shall be provided to the president or 21 chairperson of the county board or, in the case of a 22 multi-county Veterans Assistance Commission, the president or 23 chairperson of each county board of those counties served by 24 the Commission. 25 (j) County Veterans Assistance Commissions, multi-county 26 Veterans Assistance Commissions, and county boards subject to HB3259 - 26 - LRB104 06042 KTG 16075 b HB3259- 27 -LRB104 06042 KTG 16075 b HB3259 - 27 - LRB104 06042 KTG 16075 b HB3259 - 27 - LRB104 06042 KTG 16075 b 1 this Act shall cooperate fully with the boards, commissions, 2 agencies, departments, and institutions of the State. The 3 funds held and made available by the county or member 4 counties, the State, or any other source shall be subject to 5 financial and compliance audits in accordance with the 6 Illinois State Auditing Act. 7 (k) The county or multi-county Veterans Assistance 8 Commission shall be in charge of the administration of any 9 benefits provided under Articles VI and IX of the Illinois 10 Public Aid Code for military veterans and their families. 11 (l) The county or multi-county Veterans Assistance 12 Commission shall represent veterans in their application for 13 or attempts to obtain benefits and services through State and 14 federal agencies, including representing veterans in their 15 appeals of adverse decisions. 16 (m) The superintendent of the county or multi-county 17 Veterans Assistance Commission and its employees must comply 18 with the procedures and regulations adopted by the county or 19 multi-county Veterans Assistance Commission and the 20 regulations of the Department of Human Services. 21 (n) To further the intent of this Act of assisting 22 military veterans, this Act is to be construed so that the 23 county or multi-county Veterans Assistance Commission shall 24 provide needed services to eligible veterans. 25 (Source: P.A. 102-484, eff. 8-20-21; 102-732, eff. 1-1-23; 26 102-1132, eff. 2-10-23.) HB3259 - 27 - LRB104 06042 KTG 16075 b HB3259- 28 -LRB104 06042 KTG 16075 b HB3259 - 28 - LRB104 06042 KTG 16075 b HB3259 - 28 - LRB104 06042 KTG 16075 b 1 (330 ILCS 45/10) (from Ch. 23, par. 3090) 2 Sec. 10. Superintendents and counties. 3 (a) The executive powers of the county or multi-county 4 Veterans Assistance Commission shall be vested in a 5 superintendent selected or appointed by a vote from a majority 6 of the full Commission membership and who shall have received 7 an honorable discharge from the armed forces of the United 8 States. 9 (b) Superintendent vacancies shall be filled, whether 10 long-term or temporarily, at the next regularly scheduled full 11 Commission meeting or within 30 days at a specially convened 12 meeting, whichever comes sooner, and shall be selected by a 13 vote from a majority of the full Commission membership. 14 (c) Any individual who may be tasked with assuming the 15 duties of or may be vested with the executive powers of a 16 superintendent, whether as acting or interim superintendent, 17 must be selected or appointed by a vote from a majority of the 18 full Commission membership and must have received an honorable 19 discharge from the armed forces of the United States. 20 (d) The designated superintendent of a county the Veterans 21 Assistance Commission of the county shall, under the direction 22 of the Commission, have charge of and maintain an office in the 23 county building or a central location within the county, to be 24 used solely by the Commission for providing the just, 25 necessary, and needed services mandated by law. The designated HB3259 - 28 - LRB104 06042 KTG 16075 b HB3259- 29 -LRB104 06042 KTG 16075 b HB3259 - 29 - LRB104 06042 KTG 16075 b HB3259 - 29 - LRB104 06042 KTG 16075 b 1 superintendent of a multi-county Veterans Assistance 2 Commission shall, under the direction of the Commission, have 3 charge of and maintain an office as set forth in the agreement 4 establishing the Commission as provided in subsection (a-1) of 5 Section 9. 6 (e) The county or member counties served by a Commission 7 shall provide for the funding of the office and provide all 8 necessary furnishings, supplies, and services as passed by the 9 county board or the county boards of the respective member 10 counties in its or their annual appropriation, and the county 11 or member counties shall provide or fund services, including, 12 but not limited to, human resources and payroll support; 13 information technology services and equipment; telephone 14 services and equipment; printing services and equipment; 15 postage costs; and liability insurance. Any litigation or 16 legal settlement that has a financial impact to the county or 17 one of the member counties is subject to the approval of the 18 respective county board. 19 (f) The county or member counties served by a Commission 20 shall also provide to the employees of the Commission all 21 benefits available to county employees, including, but not 22 limited to, benefits offered through the Illinois Municipal 23 Retirement Fund or any other applicable county retirement 24 fund; health, life, and dental insurance; and workers 25 compensation insurance. Employer contributions and costs for 26 these benefits, services, and coverages may come from HB3259 - 29 - LRB104 06042 KTG 16075 b HB3259- 30 -LRB104 06042 KTG 16075 b HB3259 - 30 - LRB104 06042 KTG 16075 b HB3259 - 30 - LRB104 06042 KTG 16075 b 1 Commission funds. Counties not currently providing benefits to 2 Commission employees must comply with this subsection within 3 90 days after the effective date of this amendatory Act of the 4 102nd General Assembly. 5 (g) The county board shall, in any county where a county or 6 multi-county Veterans Assistance Commission is organized or 7 maintained, in addition to sums appropriated for these just, 8 necessary, and needed services as provided by law and approved 9 by the Commission under this Act, appropriate such additional 10 sums, upon recommendation of the county or multi-county 11 Veterans Assistance Commission, to properly compensate, in 12 accordance with the requirements of subsections subsection (g) 13 and (g-5) of Section 9 and subsection (e) of this Section, the 14 officers and employees required to administer such assistance. 15 The county board shall also provide funds to the Commission to 16 reimburse the superintendent, officers, delegates and 17 employees for certain expenses which are approved by the 18 Commission. The superintendent and other employees shall be 19 employees of the county or multi-county Veterans Assistance 20 Commission, and no provision in this Section or elsewhere in 21 this Act shall be construed to mean that they are employees of 22 the county or any member county. 23 (h) Superintendents, subject to rules formulated by the 24 Commission, shall select, as far as possible, Veteran Service 25 Officers and other employees from among military veterans, 26 including those who have served or may still be serving as HB3259 - 30 - LRB104 06042 KTG 16075 b HB3259- 31 -LRB104 06042 KTG 16075 b HB3259 - 31 - LRB104 06042 KTG 16075 b HB3259 - 31 - LRB104 06042 KTG 16075 b 1 members of the Illinois National Guard or a reserve component 2 of the armed forces of the United States, who did not receive a 3 bad conduct or dishonorable discharge or other equivalent 4 discharge thereof, or their spouses, surviving spouses, or 5 children. Employees of the Commission shall be at-will 6 employees. 7 (i) In a county with less than 2,000,000 inhabitants, the 8 superintendent may, in conformance with subsection (f) of 9 Section 3-9005 of the Counties Code, request from the State's 10 Attorney serving the county in which the county or 11 multi-county Veterans Assistance Commission is located or 12 maintained, an opinion upon any question of law relating to a 13 matter in which the county or multi-county Veterans Assistance 14 Commission may be concerned. With regard to matters involving 15 Section 8 or 9 or subsection (a), (b), or (c) of Section 10, 16 the State's Attorney shall confer with the Office of the 17 Attorney General before rendering an opinion. 18 (j) Superintendents of all counties subject to this Act, 19 when required by the Commission, shall give bond in the sum of 20 $2,000 for the faithful performance of their duties. 21 (k) All persons selected or appointed to fill positions 22 provided for in this Section shall be exempt from the 23 operation and provisions of any civil service act or laws of 24 this State, and the secretary of the Commission shall be 25 appointed by the superintendent. 26 (Source: P.A. 102-56, eff. 7-9-21; 102-732, eff. 1-1-23; HB3259 - 31 - LRB104 06042 KTG 16075 b HB3259- 32 -LRB104 06042 KTG 16075 b HB3259 - 32 - LRB104 06042 KTG 16075 b HB3259 - 32 - LRB104 06042 KTG 16075 b 1 102-1132, eff. 2-10-23.) 2 Section 20. The Drug Court Treatment Act is amended by 3 changing Section 30 as follows: 4 (730 ILCS 166/30) 5 Sec. 30. Mental health and substance use disorder 6 treatment. 7 (a) The drug court program shall maintain a network of 8 substance use disorder treatment programs representing a 9 continuum of graduated substance use disorder treatment 10 options commensurate with the needs of the participant. 11 (b) Any substance use disorder treatment program to which 12 participants are referred must hold a valid license from the 13 Department of Human Services Division of Substance Use 14 Prevention and Recovery, use evidence-based treatment, and 15 deliver all services in accordance with 77 Ill. Adm. Code 16 2060, including services available through the United States 17 Department of Veterans Affairs, the Illinois Department of 18 Veterans' Affairs, a county or multi-county or Veterans 19 Assistance Commission, or an equivalent standard in any other 20 state where treatment may take place. 21 (c) The drug court program may, at its discretion, employ 22 additional services or interventions, as it deems necessary on 23 a case by case basis. 24 (d) The drug court program may maintain or collaborate HB3259 - 32 - LRB104 06042 KTG 16075 b HB3259- 33 -LRB104 06042 KTG 16075 b HB3259 - 33 - LRB104 06042 KTG 16075 b HB3259 - 33 - LRB104 06042 KTG 16075 b 1 with a network of mental health treatment programs 2 representing a continuum of treatment options commensurate 3 with the needs of the participant and available resources, 4 including programs with the State and community-based programs 5 supported and sanctioned by the State. Partnerships with 6 providers certified as mental health or behavioral health 7 centers shall be prioritized when possible. 8 (Source: P.A. 102-1041, eff. 6-2-22.) 9 Section 25. The Veterans and Servicemembers Court 10 Treatment Act is amended by changing Section 10 as follows: 11 (730 ILCS 167/10) 12 Sec. 10. Definitions. In this Act: 13 "Certification" means the process by which a 14 problem-solving court obtains approval from the Supreme Court 15 to operate in accordance with the Problem-Solving Court 16 Standards. 17 "Clinical treatment plan" means an evidence-based, 18 comprehensive, and individualized plan that: (i) is developed 19 by a qualified professional in accordance with the Department 20 of Human Services substance use prevention and recovery rules 21 under 77 Ill. Adm. Code 2060 or an equivalent standard in any 22 state where treatment may take place; and (ii) defines the 23 scope of treatment services to be delivered by a court 24 treatment provider. HB3259 - 33 - LRB104 06042 KTG 16075 b HB3259- 34 -LRB104 06042 KTG 16075 b HB3259 - 34 - LRB104 06042 KTG 16075 b HB3259 - 34 - LRB104 06042 KTG 16075 b 1 "Combination Veterans and Servicemembers court program" 2 means a type of problem-solving court that allows an 3 individual to enter a problem-solving court before a plea, 4 conviction, or disposition while also permitting an individual 5 who has admitted guilt, or been found guilty, to enter a 6 problem-solving court as a part of the individual's sentence 7 or disposition. 8 "Community behavioral health center" means a physical site 9 where behavioral healthcare services are provided in 10 accordance with the Community Behavioral Health Center 11 Infrastructure Act. 12 "Community mental health center" means an entity: 13 (1) licensed by the Department of Public Health as a 14 community mental health center in accordance with the 15 conditions of participation for community mental health 16 centers established by the Centers for Medicare and 17 Medicaid Services; and 18 (2) that provides outpatient services, including 19 specialized outpatient services, for individuals who are 20 chronically mental ill. 21 "Co-occurring mental health and substance use disorders 22 court program" means a program that includes an individual 23 with co-occurring mental illness and substance use disorder 24 diagnoses and professionals with training and experience in 25 treating individuals with diagnoses of substance use disorder 26 and mental illness. HB3259 - 34 - LRB104 06042 KTG 16075 b HB3259- 35 -LRB104 06042 KTG 16075 b HB3259 - 35 - LRB104 06042 KTG 16075 b HB3259 - 35 - LRB104 06042 KTG 16075 b 1 "Court" means veterans and servicemembers court. 2 "IDVA" means the Illinois Department of Veterans' Affairs. 3 "Peer recovery coach" means a veteran mentor as defined 4 nationally by Justice for Vets and assigned to a veteran or 5 servicemember during participation in a veteran treatment 6 court program who has been approved by the court, and trained 7 according to curriculum recommended by Justice for Vets, a 8 service provider used by the court for substance use disorder 9 or mental health treatment, a local service provider with an 10 established peer recovery coach or mentor program not 11 otherwise used by the court for treatment, or a Certified 12 Recovery Support Specialist certified by the Illinois 13 Certification Board. "Peer recovery coach" includes 14 individuals with lived experiences of the issues the 15 problem-solving court seeks to address, including, but not 16 limited to, substance use disorder, mental illness, and 17 co-occurring disorders or involvement with the criminal 18 justice system. "Peer recovery coach" includes individuals 19 required to guide and mentor the participant to successfully 20 complete assigned requirements and to facilitate participants' 21 independence for continued success once the supports of the 22 court are no longer available to them. 23 "Post-adjudicatory veterans and servicemembers court 24 program" means a program that allows a defendant who has 25 admitted guilt or has been found guilty and agrees, with the 26 defendant's consent, and the approval of the court, to enter a HB3259 - 35 - LRB104 06042 KTG 16075 b HB3259- 36 -LRB104 06042 KTG 16075 b HB3259 - 36 - LRB104 06042 KTG 16075 b HB3259 - 36 - LRB104 06042 KTG 16075 b 1 veterans and servicemembers court program as part of the 2 defendant's sentence or disposition. 3 "Pre-adjudicatory veterans and servicemembers court 4 program" means a program that allows the defendant, with the 5 defendant's consent and the approval of the court, to enter 6 the Veterans and Servicemembers Court program before plea, 7 conviction, or disposition and requires successful completion 8 of the Veterans and Servicemembers Court programs as part of 9 the agreement. 10 "Problem-Solving Court Standards" means the statewide 11 standards adopted by the Supreme Court that set forth the 12 minimum requirements for the planning, establishment, 13 certification, operation, and evaluation of all 14 problem-solving courts in this State. 15 "Servicemember" means a person who is currently serving in 16 the Army, Air Force, Marines, Navy, or Coast Guard on active 17 duty, reserve status or in the National Guard. 18 "VA" means the United States Department of Veterans' 19 Affairs. 20 "VAC" means a county veterans assistance commission or a 21 multi-county veterans assistance commission as provided in 22 Section 9 of the Military Veterans Assistance Act. 23 "Validated clinical assessment" means a validated 24 assessment tool administered by a qualified clinician to 25 determine the treatment needs of participants. "Validated 26 clinical assessment" includes assessment tools required by HB3259 - 36 - LRB104 06042 KTG 16075 b HB3259- 37 -LRB104 06042 KTG 16075 b HB3259 - 37 - LRB104 06042 KTG 16075 b HB3259 - 37 - LRB104 06042 KTG 16075 b 1 public or private insurance. 2 "Veteran" means a person who previously served as an 3 active servicemember. 4 "Veterans and servicemembers court professional" means a 5 member of the veterans and servicemembers court team, 6 including, but not limited to, a judge, prosecutor, defense 7 attorney, probation officer, coordinator, treatment provider. 8 "Veterans and servicemembers court", "veterans and 9 servicemembers court program", "court", or "program" means a 10 specially designated court, court calendar, or docket 11 facilitating intensive therapeutic treatment to monitor and 12 assist veteran or servicemember participants with substance 13 use disorder, mental illness, co-occurring disorders, or other 14 assessed treatment needs of eligible veteran and servicemember 15 participants and in making positive lifestyle changes and 16 reducing the rate of recidivism. Veterans and servicemembers 17 court programs are nonadversarial in nature and bring together 18 substance use disorder professionals, mental health 19 professionals, VA professionals, local social programs, and 20 intensive judicial monitoring in accordance with the 21 nationally recommended 10 key components of veterans treatment 22 courts and the Problem-Solving Court Standards. Common 23 features of a veterans and servicemembers court program 24 include, but are not limited to, a designated judge and staff; 25 specialized intake and screening procedures; coordinated 26 treatment procedures administered by a trained, HB3259 - 37 - LRB104 06042 KTG 16075 b HB3259- 38 -LRB104 06042 KTG 16075 b HB3259 - 38 - LRB104 06042 KTG 16075 b HB3259 - 38 - LRB104 06042 KTG 16075 b 1 multidisciplinary professional team; close evaluation of 2 participants, including continued assessments and modification 3 of the court requirements and use of sanctions, incentives, 4 and therapeutic adjustments to address behavior; frequent 5 judicial interaction with participants; less formal court 6 process and procedures; voluntary participation; and a low 7 treatment staff-to-client ratio. 8 (Source: P.A. 102-1041, eff. 6-2-22.) 9 Section 30. The Mental Health Court Treatment Act is 10 amended by changing Section 30 as follows: 11 (730 ILCS 168/30) 12 Sec. 30. Mental health and substance use disorder 13 treatment. 14 (a) The mental health court program may maintain or 15 collaborate with a network of mental health treatment programs 16 and, if it is a co-occurring mental health and substance use 17 disorders court program, a network of substance use disorder 18 treatment programs representing a continuum of treatment 19 options commensurate with the needs of participants and 20 available resources. 21 (b) Any substance use disorder treatment program to which 22 participants are referred must hold a valid license from the 23 Department of Human Services Division of Substance Use 24 Prevention and Recovery, use evidence-based treatment, and HB3259 - 38 - LRB104 06042 KTG 16075 b HB3259- 39 -LRB104 06042 KTG 16075 b HB3259 - 39 - LRB104 06042 KTG 16075 b HB3259 - 39 - LRB104 06042 KTG 16075 b 1 deliver all services in accordance with 77 Ill. Adm. Code 2 2060, including services available through the United States 3 Department of Veterans Affairs, the Illinois Department of 4 Veterans Affairs, or a county or multi-county the Veterans 5 Assistance Commission, or an equivalent standard in any other 6 state where treatment may take place. 7 (c) The mental health court program may, at its 8 discretion, employ additional services or interventions, as it 9 deems necessary on a case by case basis. 10 (Source: P.A. 102-1041, eff. 6-2-22.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law. HB3259- 40 -LRB104 06042 KTG 16075 b 1 INDEX 2 Statutes amended in order of appearance HB3259- 40 -LRB104 06042 KTG 16075 b HB3259 - 40 - LRB104 06042 KTG 16075 b 1 INDEX 2 Statutes amended in order of appearance HB3259- 40 -LRB104 06042 KTG 16075 b HB3259 - 40 - LRB104 06042 KTG 16075 b HB3259 - 40 - LRB104 06042 KTG 16075 b 1 INDEX 2 Statutes amended in order of appearance HB3259 - 39 - LRB104 06042 KTG 16075 b HB3259- 40 -LRB104 06042 KTG 16075 b HB3259 - 40 - LRB104 06042 KTG 16075 b HB3259 - 40 - LRB104 06042 KTG 16075 b 1 INDEX 2 Statutes amended in order of appearance HB3259 - 40 - LRB104 06042 KTG 16075 b