|
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. 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 |
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 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.
|
(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.
|
(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.
|
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)
|
Sec. 5.675. The Veterans Service Organization |
Reimbursement Fund.
|
(30 ILCS 105/8h)
|
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
|
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 |
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.
|
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.
|
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.
|
(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.
|
(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 |
Fund.
|
(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. |