Public Act 096-0699
HB3970 Enrolled LRB096 10314 DRJ 20484 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Department of Veterans Affairs Act is
amended by changing Sections 2.07 and 25 as follows:
    (20 ILCS 2805/2.07)  (from Ch. 126 1/2, par. 67.07)
    Sec. 2.07. The Department shall employ and maintain
sufficient and qualified staff at the veterans' homes (i) to
fill all beds, subject to appropriation, and (ii) to fulfill
the requirements of this Act. The Department shall report to
the General Assembly, by January 1 and July 1 of each year, the
number of staff employed in providing direct patient care at
their veterans' homes, the compliance or noncompliance with
staffing standards established by the United States Department
of Veterans Affairs for such care, and in the event of
noncompliance with such standards, the number of staff required
for compliance. For purposes of this Section, a nurse who has a
license application pending with the State shall not be deemed
unqualified by the Department if the nurse is in compliance
with Section 50-15 of the Nurse Practice Act.
    All contracts between the State and outside contractors to
provide workers to staff and service the Anna Veterans Home
shall be canceled in accordance with the terms of those
contracts. Upon cancellation, each worker or staff member shall
be offered certified employment status under the Illinois
Personnel Code with the State of Illinois. To the extent it is
reasonably practicable, the position offered to each person
shall be at the same facility and shall consist of the same
duties and hours as previously existed under the canceled
contract or contracts.
(Source: P.A. 94-703, eff. 6-1-06; 95-331, eff. 8-21-07;
95-639, eff. 10-5-07; 95-876, eff. 8-21-08.)
    (20 ILCS 2805/25)
    Sec. 25. 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 to process claims and
other benefits for veterans and their spouses and
    "Veterans service organization" means an organization that
meets all of the following criteria:
        (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
    1, 2006.
        (4) It maintains at least one office in this State
    staffed by a veterans service officer.
        (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.
        (9) Miscellaneous.
    (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
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
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
Administration. No more than 10% of the moneys in the fund may
be used by the Department for administrative purposes. 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
veterans service organization must document the amount of new
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
stating the amount of new moneys obtained by the organization
for veterans and their spouses and beneficiaries in the quarter
State fiscal year for which payment under this Section is
requested. The organization must submit the copy of the report
or reports, and any other documentation required by the
Department, to the Department no later than 15 days July 31
following the end of the quarter State fiscal year for which
payment is requested.
    (d) In addition to the requirement of subsection (b) that
the Department use moneys appropriated from the Veterans
Service Organization Reimbursement Fund for payments, the
Department may transfer up to $1,000,000 of those appropriated
moneys into the Illinois Veterans Assistance Fund for the
making of grants to veterans service organizations as described
in subsection (b). 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.
    (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
the officer or officers for the processing of claims and other
benefits for veterans and their spouses and beneficiaries.
(Source: P.A. 95-629, eff. 9-25-07; 95-876, eff. 8-21-08.)
    Section 99. Effective date. This Act takes effect July 1,

Effective Date: 8/25/2009