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| Public Act 095-0629 |
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AN ACT in relation to veterans.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Department of Veterans Affairs Act is | ||||
amended by adding
Section
20 as follows:
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(20 ILCS 2805/20 new)
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Sec. 20. Payments to veterans service organizations.
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(a) In this Section:
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"Veterans service officer" means an individual employed by | ||||
a veterans service
organization and accredited by the United | ||||
States Department of Veterans Affairs
to
process claims and | ||||
other benefits for veterans and their spouses
and
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beneficiaries.
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"Veterans service organization" means an organization that | ||||
meets all of the
following criteria:
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(1) It is formed by and for United States military | ||||
veterans.
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(2) It is chartered by the United States Congress and | ||||
incorporated in the
State of Illinois.
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(3) It maintained a state headquarters office in | ||||
Illinois for the 10-year period immediately preceding July | ||||
1, 2006.
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(4) It maintains at least one office in this State | ||||
staffed by a veterans
service officer.
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(5) It is capable of preparing a power of attorney for | ||
a veteran and processing claims for veterans services.
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(6) It is not funded by the State of Illinois or by any | ||
county in this State.
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"Veterans services" means the representation of veterans | ||
in federal hearings to secure benefits for veterans and their | ||
spouses and beneficiaries:
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(1) Disability compensation benefits.
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(2) Disability pension benefits.
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(3) Dependents' indemnity compensation.
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(4) Widow's death pension.
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(5) Burial benefits.
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(6) Confirmed and continued claims.
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(7) Vocational rehabilitation and education.
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(8) Waivers of indebtedness.
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(9) Miscellaneous.
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(b) The Veterans Service Organization Reimbursement Fund | ||
is created as a special fund in the State treasury. Subject to | ||
appropriation, the Department shall use moneys appropriated | ||
from the Fund to make payments to a veterans service | ||
organization for
veterans
services rendered on behalf of | ||
veterans and their spouses and beneficiaries by
a veterans
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service officer employed by the organization. The payment shall | ||
be
computed at
the rate of $0.010 for each dollar of benefits | ||
obtained for veterans or their
spouses or
beneficiaries | ||
residing in Illinois as a result of the efforts of the veterans
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service officer.
There shall be no payment under this Section | ||
for the value of health care
received
in a health care facility | ||
under the jurisdiction of the United States Veterans
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Administration. A veterans service organization may receive | ||
compensation under this Fund or it may apply for grants from | ||
the Illinois Veterans Assistance Fund, but in no event may a | ||
veterans service organization receive moneys from both funds | ||
during the same fiscal year. Funding for each applicant is | ||
subject to renewal by the Department on an annual basis.
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(c) To be eligible for a payment under this Section, a | ||
veterans service
organization must document the amount of | ||
moneys obtained for veterans and their
spouses and | ||
beneficiaries in the form and manner required by the | ||
Department.
The
documentation must include the submission to | ||
the Department of a copy of the
organization's report or | ||
reports to the United States Department of Veterans
Affairs
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stating the amount of moneys obtained by the organization for | ||
veterans and
their spouses
and beneficiaries in the State | ||
fiscal year for which payment under this
Section is
requested. | ||
The organization must submit the copy of the report or reports | ||
to
the
Department no later than July 31 following the end of | ||
the State fiscal year for
which
payment is requested.
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(d) The Department shall make the payment under this | ||
Section to a
veterans
service organization in a single annual | ||
payment for each State fiscal year,
beginning with
the State | ||
fiscal year that begins on July 1, 2007. The Department must | ||
make the
payment
for a State fiscal year on or before December | ||
31 of the succeeding State fiscal
year.
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(e) A veterans service organization shall use moneys | ||
received
under this Section only for the purpose of paying the | ||
salary and expenses of
one or more
veterans service officers | ||
and the organization's related expenses incurred in
employing
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the officer or officers for the processing of claims and other
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benefits for
veterans and their spouses and beneficiaries.
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Section 10. The State Finance Act is amended by changing | ||
Section 8h and by adding Section 5.675 as follows: | ||
(30 ILCS 105/5.675 new)
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Sec. 5.675. The Veterans Service Organization | ||
Reimbursement Fund. | ||
(30 ILCS 105/8h)
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Sec. 8h. Transfers to General Revenue Fund. | ||
(a) Except as otherwise provided in this Section and | ||
Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||
any other
State law to the contrary, the Governor
may, through | ||
June 30, 2007, from time to time direct the State Treasurer and | ||
Comptroller to transfer
a specified sum from any fund held by | ||
the State Treasurer to the General
Revenue Fund in order to | ||
help defray the State's operating costs for the
fiscal year. | ||
The total transfer under this Section from any fund in any
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fiscal year shall not exceed the lesser of (i) 8% of the | ||
revenues to be deposited
into the fund during that fiscal year | ||
or (ii) an amount that leaves a remaining fund balance of 25% | ||
of the July 1 fund balance of that fiscal year. In fiscal year | ||
2005 only, prior to calculating the July 1, 2004 final | ||
balances, the Governor may calculate and direct the State | ||
Treasurer with the Comptroller to transfer additional amounts | ||
determined by applying the formula authorized in Public Act | ||
93-839 to the funds balances on July 1, 2003.
No transfer may | ||
be made from a fund under this Section that would have the
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effect of reducing the available balance in the fund to an | ||
amount less than
the amount remaining unexpended and unreserved | ||
from the total appropriation
from that fund estimated to be | ||
expended for that fiscal year. This Section does not apply to | ||
any
funds that are restricted by federal law to a specific use, | ||
to any funds in
the Motor Fuel Tax Fund, the Intercity | ||
Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||
Provider Relief Fund, the Teacher Health Insurance Security | ||
Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||
the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||
the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||
Projects Fund, the Supreme Court Special State Projects Fund, | ||
the Supplemental Low-Income Energy Assistance Fund, the Good | ||
Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||
Facility Development and Operation Fund, the Horse Racing | ||
Equity Trust Fund, or the Hospital Basic Services Preservation | ||
Fund, or to any
funds to which subsection (f) of Section 20-40 | ||
of the Nursing and Advanced Practice Nursing Act applies. No | ||
transfers may be made under this Section from the Pet | ||
Population Control Fund. Notwithstanding any
other provision | ||
of this Section, for fiscal year 2004,
the total transfer under | ||
this Section from the Road Fund or the State
Construction | ||
Account Fund shall not exceed the lesser of (i) 5% of the | ||
revenues to be deposited
into the fund during that fiscal year | ||
or (ii) 25% of the beginning balance in the fund.
For fiscal | ||
year 2005 through fiscal year 2007, no amounts may be | ||
transferred under this Section from the Road Fund, the State | ||
Construction Account Fund, the Criminal Justice Information | ||
Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||
Mandatory Arbitration Fund.
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In determining the available balance in a fund, the | ||
Governor
may include receipts, transfers into the fund, and | ||
other
resources anticipated to be available in the fund in that | ||
fiscal year.
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The State Treasurer and Comptroller shall transfer the | ||
amounts designated
under this Section as soon as may be | ||
practicable after receiving the direction
to transfer from the | ||
Governor.
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(a-5) Transfers directed to be made under this Section on | ||
or before February 28, 2006 that are still pending on May 19, | ||
2006 (the effective date of Public Act 94-774)
this amendatory | ||
Act of the 94th General Assembly shall be redirected as | ||
provided in Section 8n of this Act.
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(b) This Section does not apply to: (i) the Ticket For The | ||
Cure Fund; (ii) any fund established under the Community Senior | ||
Services and Resources Act; or (iii) on or after January 1, | ||
2006 (the effective date of Public Act 94-511), the Child Labor | ||
and Day and Temporary Labor Enforcement Fund. | ||
(c) This Section does not apply to the Demutualization | ||
Trust Fund established under the Uniform Disposition of | ||
Unclaimed Property Act.
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(d) This Section does not apply to moneys set aside in the | ||
Illinois State Podiatric Disciplinary Fund for podiatric | ||
scholarships and residency programs under the Podiatric | ||
Scholarship and Residency Act. | ||
(e) Subsection (a) does not apply to, and no transfer may | ||
be made under this Section from, the Pension Stabilization | ||
Fund.
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(f) This Section does not apply to the Veterans Service | ||
Organization Reimbursement Fund.
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(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||
1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||
5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||
eff. 6-6-06; revised 6-19-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||