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1 | AN ACT in relation to veterans.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Department of Veterans Affairs Act is | ||||||
5 | amended by adding
Section
20 as follows:
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6 | (20 ILCS 2805/20 new)
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7 | Sec. 20. Payments to veterans service organizations.
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8 | (a) In this Section:
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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
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13 | beneficiaries.
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14 | "Veterans service organization" means an organization that | ||||||
15 | meets all of the
following criteria:
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16 | (1) It is formed by and for United States military | ||||||
17 | veterans.
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18 | (2) It is chartered by the United States Congress and | ||||||
19 | incorporated in the
State of Illinois.
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20 | (3) It maintained a state headquarters office in | ||||||
21 | Illinois for the 10-year period immediately preceding July | ||||||
22 | 1, 2006.
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23 | (4) It maintains at least one office in this State |
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1 | staffed by a veterans
service officer.
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2 | (5) It is capable of preparing a power of attorney for | ||||||
3 | a veteran and processing claims for veterans services.
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4 | (6) It is not funded by the State of Illinois or by any | ||||||
5 | county in this State.
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6 | "Veterans services" means the representation of veterans | ||||||
7 | in federal hearings to secure benefits for veterans and their | ||||||
8 | spouses and beneficiaries:
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9 | (1) Disability compensation benefits.
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10 | (2) Disability pension benefits.
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11 | (3) Dependents' indemnity compensation.
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12 | (4) Widow's death pension.
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13 | (5) Burial benefits.
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14 | (6) Confirmed and continued claims.
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15 | (7) Vocational rehabilitation and education.
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16 | (8) Waivers of indebtedness.
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17 | (9) Miscellaneous.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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8 | the officer or officers for the processing of claims and other
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9 | benefits for
veterans and their spouses and beneficiaries.
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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)
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13 | Sec. 5.675. The Veterans Service Organization | ||||||
14 | Reimbursement Fund. | ||||||
15 | (30 ILCS 105/8h)
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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18 | (f) This Section does not apply to the Veterans Service | ||||||
19 | Organization Reimbursement Fund.
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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.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law. |