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1     AN ACT in relation to veterans.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Department of Veterans Affairs Act is
5 amended by adding Section 20 as follows:
 
6     (20 ILCS 2805/20 new)
7     Sec. 20. Payments to veterans service organizations.
8     (a) In this Section:
9     "Veterans service officer" means an individual employed by
10 a veterans service organization and accredited by the United
11 States Department of Veterans Affairs to process claims and
12 other benefits for veterans and their spouses and
13 beneficiaries.
14     "Veterans service organization" means an organization that
15 meets all of the following criteria:
16         (1) It is formed by and for United States military
17     veterans.
18         (2) It is chartered by the United States Congress and
19     incorporated in the State of Illinois.
20         (3) It maintained a state headquarters office in
21     Illinois for the 10-year period immediately preceding July
22     1, 2006.
23         (4) It maintains at least one office in this State

 

 

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1     staffed by a veterans service officer.
2         (5) It is capable of preparing a power of attorney for
3     a veteran and processing claims for veterans services.
4         (6) It is not funded by the State of Illinois or by any
5     county in this State.
6     "Veterans services" means the representation of veterans
7 in federal hearings to secure benefits for veterans and their
8 spouses and beneficiaries:
9         (1) Disability compensation benefits.
10         (2) Disability pension benefits.
11         (3) Dependents' indemnity compensation.
12         (4) Widow's death pension.
13         (5) Burial benefits.
14         (6) Confirmed and continued claims.
15         (7) Vocational rehabilitation and education.
16         (8) Waivers of indebtedness.
17         (9) Miscellaneous.
18     (b) The Veterans Service Organization Reimbursement Fund
19 is created as a special fund in the State treasury. Subject to
20 appropriation, the Department shall use moneys appropriated
21 from the Fund to make payments to a veterans service
22 organization for veterans services rendered on behalf of
23 veterans and their spouses and beneficiaries by a veterans
24 service officer employed by the organization. The payment shall
25 be computed at the rate of $0.010 for each dollar of benefits
26 obtained for veterans or their spouses or beneficiaries

 

 

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1 residing in Illinois as a result of the efforts of the veterans
2 service officer. There shall be no payment under this Section
3 for the value of health care received in a health care facility
4 under the jurisdiction of the United States Veterans
5 Administration. A veterans service organization may receive
6 compensation under this Fund or it may apply for grants from
7 the Illinois Veterans Assistance Fund, but in no event may a
8 veterans service organization receive moneys from both funds
9 during the same fiscal year. Funding for each applicant is
10 subject to renewal by the Department on an annual basis.
11     (c) To be eligible for a payment under this Section, a
12 veterans service organization must document the amount of
13 moneys obtained for veterans and their spouses and
14 beneficiaries in the form and manner required by the
15 Department. The documentation must include the submission to
16 the Department of a copy of the organization's report or
17 reports to the United States Department of Veterans Affairs
18 stating the amount of moneys obtained by the organization for
19 veterans and their spouses and beneficiaries in the State
20 fiscal year for which payment under this Section is requested.
21 The organization must submit the copy of the report or reports
22 to the Department no later than July 31 following the end of
23 the State fiscal year for which payment is requested.
24     (d) The Department shall make the payment under this
25 Section to a veterans service organization in a single annual
26 payment for each State fiscal year, beginning with the State

 

 

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1 fiscal year that begins on July 1, 2007. The Department must
2 make the payment for a State fiscal year on or before December
3 31 of the succeeding State fiscal year.
4     (e) A veterans service organization shall use moneys
5 received under this Section only for the purpose of paying the
6 salary and expenses of one or more veterans service officers
7 and the organization's related expenses incurred in employing
8 the officer or officers for the processing of claims and other
9 benefits for veterans and their spouses and beneficiaries.
 
10     Section 10. The State Finance Act is amended by changing
11 Section 8h and by adding Section 5.675 as follows:
 
12     (30 ILCS 105/5.675 new)
13     Sec. 5.675. The Veterans Service Organization
14 Reimbursement Fund.
 
15     (30 ILCS 105/8h)
16     Sec. 8h. Transfers to General Revenue Fund.
17     (a) Except as otherwise provided in this Section and
18 Section 8n of this Act, and (c), (d), or (e), notwithstanding
19 any other State law to the contrary, the Governor may, through
20 June 30, 2007, from time to time direct the State Treasurer and
21 Comptroller to transfer a specified sum from any fund held by
22 the State Treasurer to the General Revenue Fund in order to
23 help defray the State's operating costs for the fiscal year.

 

 

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1 The total transfer under this Section from any fund in any
2 fiscal year shall not exceed the lesser of (i) 8% of the
3 revenues to be deposited into the fund during that fiscal year
4 or (ii) an amount that leaves a remaining fund balance of 25%
5 of the July 1 fund balance of that fiscal year. In fiscal year
6 2005 only, prior to calculating the July 1, 2004 final
7 balances, the Governor may calculate and direct the State
8 Treasurer with the Comptroller to transfer additional amounts
9 determined by applying the formula authorized in Public Act
10 93-839 to the funds balances on July 1, 2003. No transfer may
11 be made from a fund under this Section that would have the
12 effect of reducing the available balance in the fund to an
13 amount less than the amount remaining unexpended and unreserved
14 from the total appropriation from that fund estimated to be
15 expended for that fiscal year. This Section does not apply to
16 any funds that are restricted by federal law to a specific use,
17 to any funds in the Motor Fuel Tax Fund, the Intercity
18 Passenger Rail Fund, the Hospital Provider Fund, the Medicaid
19 Provider Relief Fund, the Teacher Health Insurance Security
20 Fund, the Reviewing Court Alternative Dispute Resolution Fund,
21 the Voters' Guide Fund, the Foreign Language Interpreter Fund,
22 the Lawyers' Assistance Program Fund, the Supreme Court Federal
23 Projects Fund, the Supreme Court Special State Projects Fund,
24 the Supplemental Low-Income Energy Assistance Fund, the Good
25 Samaritan Energy Trust Fund, the Low-Level Radioactive Waste
26 Facility Development and Operation Fund, the Horse Racing

 

 

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1 Equity Trust Fund, or the Hospital Basic Services Preservation
2 Fund, or to any funds to which subsection (f) of Section 20-40
3 of the Nursing and Advanced Practice Nursing Act applies. No
4 transfers may be made under this Section from the Pet
5 Population Control Fund. Notwithstanding any other provision
6 of this Section, for fiscal year 2004, the total transfer under
7 this Section from the Road Fund or the State Construction
8 Account Fund shall not exceed the lesser of (i) 5% of the
9 revenues to be deposited into the fund during that fiscal year
10 or (ii) 25% of the beginning balance in the fund. For fiscal
11 year 2005 through fiscal year 2007, no amounts may be
12 transferred under this Section from the Road Fund, the State
13 Construction Account Fund, the Criminal Justice Information
14 Systems Trust Fund, the Wireless Service Emergency Fund, or the
15 Mandatory Arbitration Fund.
16     In determining the available balance in a fund, the
17 Governor may include receipts, transfers into the fund, and
18 other resources anticipated to be available in the fund in that
19 fiscal year.
20     The State Treasurer and Comptroller shall transfer the
21 amounts designated under this Section as soon as may be
22 practicable after receiving the direction to transfer from the
23 Governor.
24     (a-5) Transfers directed to be made under this Section on
25 or before February 28, 2006 that are still pending on May 19,
26 2006 (the effective date of Public Act 94-774) this amendatory

 

 

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1 Act of the 94th General Assembly shall be redirected as
2 provided in Section 8n of this Act.
3     (b) This Section does not apply to: (i) the Ticket For The
4 Cure Fund; (ii) any fund established under the Community Senior
5 Services and Resources Act; or (iii) on or after January 1,
6 2006 (the effective date of Public Act 94-511), the Child Labor
7 and Day and Temporary Labor Enforcement Fund.
8     (c) This Section does not apply to the Demutualization
9 Trust Fund established under the Uniform Disposition of
10 Unclaimed Property Act.
11     (d) This Section does not apply to moneys set aside in the
12 Illinois State Podiatric Disciplinary Fund for podiatric
13 scholarships and residency programs under the Podiatric
14 Scholarship and Residency Act.
15     (e) Subsection (a) does not apply to, and no transfer may
16 be made under this Section from, the Pension Stabilization
17 Fund.
18     (f) This Section does not apply to the Veterans Service
19 Organization Reimbursement Fund.
20 (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674,
21 eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04;
22 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff.
23 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff.
24 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645,
25 eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05;
26 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff.

 

 

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1 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839,
2 eff. 6-6-06; revised 6-19-06.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.