093_HB1608

 
                                     LRB093 07814 LCB 08003 b

 1        AN ACT concerning veterans.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Department of  Veterans  Affairs  Act  is
 5    amended by changing Section 2.04 as follows:

 6        (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
 7        Sec.   2.04.  Veterans   home   moneys.  There  shall  be
 8    established in the State Treasury special funds known as  (i)
 9    the  LaSalle  Veterans Home Fund, (ii) the Anna Veterans Home
10    Fund, (iii) the Manteno Veterans Home Fund, (iv)  the  Quincy
11    Veterans  Home Fund, and (v) the John Joseph Kelly Home Fund.
12    All  moneys  received  by  an  Illinois  Veterans  Home  from
13    Medicare and from maintenance charges to  veterans,  spouses,
14    and  surviving   spouses  residing at that Home shall be paid
15    into that Home's Fund.  All moneys  received  from  the  U.S.
16    Department  of  Veterans  Affairs  for  patient care shall be
17    transmitted to the Treasurer of the State for deposit in  the
18    Veterans Home Fund for the Home in which the veteran resides.
19    Appropriations  shall  be made from a Fund only for the needs
20    of  the  Home,  including  capital   improvements,   building
21    rehabilitation, and repairs.
22        The administrator of each Veterans Home shall establish a
23    locally-held  member's benefits fund. Revenues accruing to an
24    Illinois Veterans Home, including any donations,  grants  for
25    the  operation  of  the Home, profits from commissary stores,
26    and funds received from any individual or other source, shall
27    be  deposited into that Home's benefits  fund.   Expenditures
28    from  the  benefits  funds  shall  be  solely for the special
29    comfort, pleasure, and amusement of residents.   Contributors
30    of  unsolicited private donations may specify the purpose for
31    which the private donations are to be used.
 
                            -2-      LRB093 07814 LCB 08003 b
 1        Upon request of the Department, the State's  Attorney  of
 2    the  county  in which a resident or living former resident of
 3    an Illinois Veterans Home who is liable under  this  Act  for
 4    payment  of  sums  representing  maintenance  charges resides
 5    shall file an action in a  court  of  competent  jurisdiction
 6    against  any  such  person  who  fails or refuses to pay such
 7    sums. The  court  may  order  the  payment  of  sums  due  to
 8    maintenance charges for such period or periods of time as the
 9    circumstances require.
10        Upon  the death of a person who is or has been a resident
11    of an Illinois Veterans Home who is  liable  for  maintenance
12    charges  and who is possessed of property, the Department may
13    present a claim for such sum or for the balance due  in  case
14    less  than  the rate prescribed under this Act has been paid.
15    The claim shall be allowed and paid as  other  lawful  claims
16    against the estate.
17        The administrator of each Veterans Home shall establish a
18    locally-held   trust   fund   to  maintain  moneys  held  for
19    residents.  Whenever the Department  finds  it  necessary  to
20    preserve  order,  preserve health, or enforce discipline, the
21    resident shall deposit in a trust account at  the  Home  such
22    monies  from  any  source  of  income  as  may  be determined
23    necessary, and disbursement of these funds  to  the  resident
24    shall be made only by direction of the administrator.
25        If  a  resident  of  an  Illinois  Veterans  Home  has  a
26    dependent  child,  spouse,  or  parent  the administrator may
27    require that all monies received  be  deposited  in  a  trust
28    account  with  dependency  contributions  being  made  at the
29    direction of the administrator.  The balance retained in  the
30    trust  account shall be disbursed to the resident at the time
31    of discharge from the Home or to his or her  heirs  or  legal
32    representative  at  the time of the resident's death, subject
33    to Department regulations or order of the court.
34        The Director of Central  Management  Services,  with  the
 
                            -3-      LRB093 07814 LCB 08003 b
 1    consent  of  the Director of Veterans' Affairs, is authorized
 2    and empowered to lease or let any real property held  by  the
 3    Department of Veterans' Affairs for an Illinois Veterans Home
 4    to  entities  or  persons upon terms and conditions which are
 5    considered to be in the best interest of that Home.  The real
 6    property must not be  needed  for  any  direct  or  immediate
 7    purpose  of  the  Home.   In  any leasing or letting, primary
 8    consideration shall be given to the use of real property  for
 9    agricultural  purposes,  and  all  moneys  received  shall be
10    transmitted to the Treasurer of the State for deposit in  the
11    appropriate Veterans Home Fund.
12    (Source: P.A. 91-634, eff. 8-19-99; 92-671, eff. 7-16-02.)