Illinois General Assembly - Full Text of HB3970
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Full Text of HB3970  96th General Assembly


Sen. Dan Kotowski

Filed: 4/30/2009





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2     AMENDMENT NO. ______. Amend House Bill 3970 on page 1, line
3 5, by replacing "Section 2.07" with "Sections 2.07 and 25"; and
4 on page 2, after line 9, by inserting the following:
5     "(20 ILCS 2805/25)
6     Sec. 25. Payments to veterans service organizations.
7     (a) In this Section:
8     "Veterans service officer" means an individual employed by
9 a veterans service organization and accredited by the United
10 States Department of Veterans Affairs to process claims and
11 other benefits for veterans and their spouses and
12 beneficiaries.
13     "Veterans service organization" means an organization that
14 meets all of the following criteria:
15         (1) It is formed by and for United States military
16     veterans.



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1         (2) It is chartered by the United States Congress and
2     incorporated in the State of Illinois.
3         (3) It maintained a state headquarters office in
4     Illinois for the 10-year period immediately preceding July
5     1, 2006.
6         (4) It maintains at least one office in this State
7     staffed by a veterans service officer.
8         (5) It is capable of preparing a power of attorney for
9     a veteran and processing claims for veterans services.
10         (6) It is not funded by the State of Illinois or by any
11     county in this State.
12     "Veterans services" means the representation of veterans
13 in federal hearings to secure benefits for veterans and their
14 spouses and beneficiaries:
15         (1) Disability compensation benefits.
16         (2) Disability pension benefits.
17         (3) Dependents' indemnity compensation.
18         (4) Widow's death pension.
19         (5) Burial benefits.
20         (6) Confirmed and continued claims.
21         (7) Vocational rehabilitation and education.
22         (8) Waivers of indebtedness.
23         (9) Miscellaneous.
24     (b) The Veterans Service Organization Reimbursement Fund
25 is created as a special fund in the State treasury. Subject to
26 appropriation, the Department shall use moneys appropriated



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1 from the Fund to make payments to a veterans service
2 organization for veterans services rendered on behalf of
3 veterans and their spouses and beneficiaries by a veterans
4 service officer employed by the organization. The payment shall
5 be computed at the rate of $0.010 for each dollar of benefits
6 obtained for veterans or their spouses or beneficiaries
7 residing in Illinois as a result of the efforts of the veterans
8 service officer. There shall be no payment under this Section
9 for the value of health care received in a health care facility
10 under the jurisdiction of the United States Veterans
11 Administration. No more than 10% of the moneys in the fund may
12 be used by the Department for administrative purposes. A
13 veterans service organization may receive compensation under
14 this Fund or it may apply for grants from the Illinois Veterans
15 Assistance Fund, but in no event may a veterans service
16 organization receive moneys from both funds during the same
17 fiscal year. Funding for each applicant is subject to renewal
18 by the Department on an annual basis.
19     (c) To be eligible for a payment under this Section, a
20 veterans service organization must document the amount of new
21 moneys obtained for veterans and their spouses and
22 beneficiaries in the form and manner required by the
23 Department. The documentation must include the submission to
24 the Department of a copy of the organization's report or
25 reports to the United States Department of Veterans Affairs
26 stating the amount of new moneys obtained by the organization



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1 for veterans and their spouses and beneficiaries in the quarter
2 State fiscal year for which payment under this Section is
3 requested. The organization must submit the copy of the report
4 or reports, and any other documentation required by the
5 Department, to the Department no later than 15 days July 31
6 following the end of the quarter State fiscal year for which
7 payment is requested.
8     (d) In addition to the requirement of subsection (b) that
9 the Department use moneys appropriated from the Veterans
10 Service Organization Reimbursement Fund for payments, the
11 Department may transfer up to $1,000,000 of those appropriated
12 moneys into the Illinois Veterans Assistance Fund for the
13 making of grants to veterans service organizations as described
14 in subsection (b). The Department shall make the payment under
15 this Section to a veterans service organization in a single
16 annual payment for each State fiscal year, beginning with the
17 State fiscal year that begins on July 1, 2007. The Department
18 must make the payment for a State fiscal year on or before
19 December 31 of the succeeding State fiscal year.
20     (e) A veterans service organization shall use moneys
21 received under this Section only for the purpose of paying the
22 salary and expenses of one or more veterans service officers
23 and the organization's related expenses incurred in employing
24 the officer or officers for the processing of claims and other
25 benefits for veterans and their spouses and beneficiaries.
26 (Source: P.A. 95-629, eff. 9-25-07; 95-876, eff. 8-21-08.)".