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LRB095 16741 JAM 42775 b |
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| staffed by a veterans
service officer.
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| (5) It is capable of preparing a power of attorney for |
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| 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 |
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| county in this State.
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| "Veterans services" means the representation of veterans |
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| in federal hearings to secure benefits for veterans and their |
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| 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 |
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| is created as a special fund in the State treasury. Subject to |
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| appropriation, the Department shall use moneys appropriated |
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| from the Fund to make payments to a veterans service |
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| organization for
veterans
services rendered on behalf of |
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| veterans and their spouses and beneficiaries by
a veterans
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| service officer employed by the organization. The payment shall |
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| be
computed at
the rate of $0.010 for each dollar of benefits |
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| obtained for veterans or their
spouses or
beneficiaries |
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HB5647 Engrossed |
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| 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 |
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| for the value of health care
received
in a health care facility |
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| under the jurisdiction of the United States Veterans
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| Administration. A veterans service organization may receive |
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| compensation under this Fund or it may apply for grants from |
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| the Illinois Veterans Assistance Fund, but in no event may a |
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| veterans service organization receive moneys from both funds |
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| during the same fiscal year. Funding for each applicant is |
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| 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 |
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| veterans service
organization must document the amount of |
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| moneys obtained for veterans and their
spouses and |
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| beneficiaries in the form and manner required by the |
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| Department.
The
documentation must include the submission to |
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| the Department of a copy of the
organization's report or |
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| reports to the United States Department of Veterans
Affairs
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| stating the amount of moneys obtained by the organization for |
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| veterans and
their spouses
and beneficiaries in the month State |
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| fiscal year for which payment under this
Section is
requested. |
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| The organization must submit the copy of the report or reports , |
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| and any other documentation required by the Department, to
the
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| Department no later than 15 days July 31 following the end of |
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| the month State fiscal year for
which
payment is requested.
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| (d) In addition to the requirement of subsection (b) that |
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| the Department use moneys appropriated from the Veterans |
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HB5647 Engrossed |
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LRB095 16741 JAM 42775 b |
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| Service Organization Reimbursement Fund for payments, the |
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| Department may transfer up to $1,000,000 of those appropriated |
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| moneys into the Illinois Veterans Assistance Fund for the |
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| making of grants to veterans service organizations as described |
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| in subsection (b). The Department shall make the payment under |
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| this Section to a
veterans
service organization in a single |
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| annual payment for each State fiscal year,
beginning with
the |
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| State fiscal year that begins on July 1, 2007. The Department |
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| must make the
payment
for a State fiscal year on or before |
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| December 31 of the succeeding State fiscal
year.
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| (e) A veterans service organization shall use moneys |
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| received
under this Section only for the purpose of paying the |
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| salary and expenses of
one or more
veterans service officers |
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| 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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| (f) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this subsection, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 95-629, eff. 9-25-07; revised 12-6-07.)
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