Public Act 095-0629
Public Act 0629 95TH GENERAL ASSEMBLY
|Public Act 095-0629
||LRB095 07286 HLH 27424 b
AN ACT in relation to veterans.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Department of Veterans Affairs Act is
amended by adding
20 as follows:
(20 ILCS 2805/20 new)
Payments to veterans service organizations.
(a) In this Section:
"Veterans service officer" means an individual employed by
a veterans service
organization and accredited by the United
States Department of Veterans Affairs
process claims and
other benefits for veterans and their spouses
"Veterans service organization" means an organization that
meets all of the
(1) It is formed by and for United States military
(2) It is chartered by the United States Congress and
incorporated in the
State of Illinois.
(3) It maintained a state headquarters office in
Illinois for the 10-year period immediately preceding July
(4) It maintains at least one office in this State
staffed by a veterans
(5) It is capable of preparing a power of attorney for
a veteran and processing claims for veterans services.
(6) It is not funded by the State of Illinois or by any
county in this State.
"Veterans services" means the representation of veterans
in federal hearings to secure benefits for veterans and their
spouses and beneficiaries:
(1) Disability compensation benefits.
(2) Disability pension benefits.
(3) Dependents' indemnity compensation.
(4) Widow's death pension.
(5) Burial benefits.
(6) Confirmed and continued claims.
(7) Vocational rehabilitation and education.
(8) Waivers of indebtedness.
(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
services rendered on behalf of
veterans and their spouses and beneficiaries by
service officer employed by the organization. The payment shall
the rate of $0.010 for each dollar of benefits
obtained for veterans or their
residing in Illinois as a result of the efforts of the veterans
There shall be no payment under this Section
for the value of health care
in a health care facility
under the jurisdiction of the United States Veterans
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.
(c) To be eligible for a payment under this Section, a
organization must document the amount of
moneys obtained for veterans and their
beneficiaries in the form and manner required by 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
stating the amount of moneys obtained by the organization for
and beneficiaries in the State
fiscal year for which payment under this
The organization must submit the copy of the report or reports
Department no later than July 31 following the end of
the State fiscal year for
payment is requested.
(d) The Department shall make the payment under this
Section to a
service organization in a single annual
payment for each State fiscal year,
fiscal year that begins on July 1, 2007. The Department must
for a State fiscal year on or before December
31 of the succeeding State fiscal
(e) A veterans service organization shall use moneys
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
the officer or officers for the processing of claims and other
veterans and their spouses and beneficiaries.
The State Finance Act is amended by changing
Section 8h and by adding Section 5.675 as follows:
(30 ILCS 105/5.675 new)
The Veterans Service Organization
(30 ILCS 105/8h)
Transfers to General Revenue Fund.
(a) Except as otherwise provided in this Section and
Section 8n of this Act, and
(c), (d), or (e),
State law to the contrary, the Governor
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
The total transfer under this Section from any fund in any
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
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
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
of this Section, for fiscal year 2004,
the total transfer under
this Section from the Road Fund or the State
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.
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.
In determining the available balance in a fund, the
may include receipts, transfers into the fund, and
resources anticipated to be available in the fund in that
The State Treasurer and Comptroller shall transfer the
under this Section as soon as may be
practicable after receiving the direction
to transfer from the
(a-5) Transfers directed to be made under this Section on
or before February 28, 2006 that are still pending on
the effective date of
Public Act 94-774)
Act of the 94th General Assembly
shall be redirected as
provided in Section 8n of this Act.
(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.
(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
(f) This Section does not apply to the Veterans Service
Organization Reimbursement Fund.
(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.)
This Act takes effect upon
Effective Date: 9/25/2007