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Public Act 100-0392


 

Public Act 0392 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0392
 
SB0266 EnrolledLRB100 05187 MJP 15197 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 2g, 2.01, 2.03, and 2.04 and by
adding Section 2.01b as follows:
 
    (20 ILCS 2805/2g)
    Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois
Veterans' Homes Fund is hereby created as a special fund in the
State treasury. From appropriations to the Department from the
Fund the Department shall purchase needed equipment and
supplies to enhance the lives of the residents at and for to
enhance the operations of veterans' homes in Illinois,
including capital improvements, building rehabilitation, and
repairs.
(Source: P.A. 93-776, eff. 7-21-04.)
 
    (20 ILCS 2805/2.01)  (from Ch. 126 1/2, par. 67.01)
    Sec. 2.01. Veterans Home admissions.
    (a) Any honorably discharged veteran is entitled to
admission to an Illinois Veterans Home if the applicant meets
the requirements of this Section.
    (b) The veteran must:
        (1) have served in the armed forces of the United
    States at least 1 day in World War II, the Korean Conflict,
    the Viet Nam Campaign, or the Persian Gulf Conflict between
    the dates recognized by the U.S. Department of Veterans
    Affairs or between any other present or future dates
    recognized by the U.S. Department of Veterans Affairs as a
    war period, or have served in a hostile fire environment
    and has been awarded a campaign or expeditionary medal
    signifying his or her service, for purposes of eligibility
    for domiciliary or nursing home care;
        (2) have served and been honorably discharged or
    retired from the armed forces of the United States for a
    service connected disability or injury, for purposes of
    eligibility for domiciliary or nursing home care;
        (3) have served as an enlisted person at least 90 days
    on active duty in the armed forces of the United States,
    excluding service on active duty for training purposes
    only, and entered active duty before September 8, 1980, for
    purposes of eligibility for domiciliary or nursing home
    care;
        (4) have served as an officer at least 90 days on
    active duty in the armed forces of the United States,
    excluding service on active duty for training purposes
    only, and entered active duty before October 17, 1981, for
    purposes of eligibility for domiciliary or nursing home
    care;
        (5) have served on active duty in the armed forces of
    the United States for 24 months of continuous service or
    more, excluding active duty for training purposes only, and
    enlisted after September 7, 1980, for purposes of
    eligibility for domiciliary or nursing home care;
        (6) have served as a reservist in the armed forces of
    the United States or the National Guard and the service
    included being called to federal active duty, excluding
    service on active duty for training purposes only, and who
    completed the term, for purposes of eligibility for
    domiciliary or nursing home care;
        (7) have been discharged for reasons of hardship or
    released from active duty due to a reduction in the United
    States armed forces prior to the completion of the required
    period of service, regardless of the actual time served,
    for purposes of eligibility for domiciliary or nursing home
    care; or
        (8) have served in the National Guard or Reserve Forces
    of the United States and completed 20 years of satisfactory
    service, be otherwise eligible to receive reserve or active
    duty retirement benefits, and have been an Illinois
    resident for at least one year before applying for
    admission for purposes of eligibility for domiciliary care
    only.
    (c) The veteran must have service accredited to the State
of Illinois or have been a resident of this State for one year
immediately preceding the date of application.
    (d) For admission to the Illinois Veterans Homes at Anna
and Quincy, the veteran must have developed a disability by
disease, wounds, or otherwise and because of the disability be
incapable of earning a living.
    (e) For admission to the Illinois Veterans Homes at
Chicago, LaSalle, and Manteno, the veteran must have developed
a disability by disease, wounds, or otherwise and, for purposes
of eligibility for nursing home care, require nursing care
because of the disability.
    (f) An individual who served during a time of conflict as
set forth in paragraph (1) of subsection (b) of this Section
has preference over all other qualifying candidates, for
purposes of eligibility for domiciliary or nursing home care at
any Illinois Veterans Home.
    (g) A veteran or spouse, once admitted to an Illinois
Veterans Home facility, is considered a resident for
interfacility purposes.
(Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15;
99-642, eff. 7-28-16.)
 
    (20 ILCS 2805/2.01b new)
    Sec. 2.01b. Illinois Veterans Home at Chicago. The
Illinois Veterans Home at Chicago is established. The
Department shall operate and maintain the Illinois Veterans
Home at Chicago.
 
    (20 ILCS 2805/2.03)  (from Ch. 126 1/2, par. 67.03)
    Sec. 2.03. Admissions. Admissions to an Illinois Veterans
Home are subject to the rules and regulations adopted by the
Department of Veterans' Affairs to govern the admission of
applicants.
    Each resident of a Home is liable for the payment of sums
representing maintenance charges for care at the Home at a rate
to be determined by the Department, based on the resident's
ability to pay. However, the charges shall not exceed the
average annual per capita cost of maintaining the resident in
the Home. The Department, upon being furnished proof of
payment, shall in its discretion make allowances for unusual
expenses in determining the ability of the resident to pay
maintenance charges.
    The basis upon which the payment of maintenance charges
shall be calculated by the Department is the average per capita
cost for the care of all residents at each Home for the fiscal
year immediately preceding the period for which the rate for
each Home is being calculated.
    The Department may require residents to pay charges
monthly, quarterly, or otherwise as may be most suitably
arranged for the individual members. The amounts received from
each Home for the charges shall be transmitted to the Treasurer
of the State of Illinois for deposit in each Veterans Home
Fund, respectively, except that receipts attributable to the
Illinois Veterans Home at Chicago shall be deposited into the
Illinois Veterans' Homes Fund.
    The Department may investigate the financial condition of
residents of a Home to determine their ability to pay
maintenance charges and to establish standards as a basis of
judgment for such determination. Such standards shall be
recomputed periodically to reflect changes in the cost of
living and other pertinent factors.
    Refusal to pay the maintenance charges is cause for
discharge of a resident from a Home.
    The Department may collect any medical or health benefits
to which a resident may become entitled through tax supported
or privately financed systems of insurance, as a result of his
or her care or treatment in the facilities provided by the
Department, or because of care or treatment in other facilities
when such care or treatment has been paid for by the
Department.
    Admission of a resident is not limited or conditioned in
any manner by the financial status of the resident or his or
her ability to pay maintenance charges.
    The Department may accept and hold on behalf of the State,
if for the public interest, a grant, gift, devise, or bequest
of money or property to the Department made in trust for the
maintenance or support of a resident of an Illinois Veterans
Home or for any other legitimate purpose. The Department shall
cause each gift, grant, devise, or bequest to be kept as a
distinct fund and shall invest the same in the manner provided
by the laws of this State relating to securities in which the
deposit in savings banks may be invested. However, the
Department may, at its discretion, deposit in a proper trust
company, bank, or savings bank, during the continuance of the
trust, any fund left in trust for the life of a person and
shall adopt rules and regulations governing the deposit,
transfer, or withdrawal of the fund. The Department shall, on
the expiration of any trust as provided in any instrument
creating the trust, dispose of the fund in the manner provided
in the instrument. The Department shall include in its required
reports a statement showing what funds are so held by it and
the condition of the funds; provided that monies found on
residents at the time of their admission or accruing to them
during their residence at a Home and monies deposited with the
administrators by relatives, guardians, or friends of
residents for the special comfort and pleasure of the resident
shall remain in the custody of the administrators who shall act
as trustees for disbursement to, on behalf of, or for the
benefit of the resident. All types of retirement and pension
benefits from private and public sources may be paid directly
to the administrator of a Home for deposit to the resident
trust fund account.
(Source: P.A. 96-95, eff. 1-1-10; 96-100, eff. 1-1-10.)
 
    (20 ILCS 2805/2.04)  (from Ch. 126 1/2, par. 67.04)
    Sec. 2.04. There shall be established in the State Treasury
special funds known as (i) the LaSalle Veterans Home Fund, (ii)
the Anna Veterans Home Fund, (iii) the Manteno Veterans Home
Fund, and (iv) the Quincy Veterans Home Fund. All moneys
received by an Illinois Veterans Home from Medicare and from
maintenance charges to veterans, spouses, and surviving
spouses residing at that Home shall be paid into that Home's
Fund. All moneys received from the U.S. Department of Veterans
Affairs for patient care shall be transmitted to the Treasurer
of the State for deposit in the Veterans Home Fund for the Home
in which the veteran resides. Appropriations shall be made from
a Fund only for the needs of the Home, including capital
improvements, building rehabilitation, and repairs. The
Illinois Veterans' Homes Fund shall be the Veterans Home Fund
for the Illinois Veterans Home at Chicago.
    The administrator of each Veterans Home shall establish a
locally-held member's benefits fund. The Director may
authorize the Veterans Home to conduct limited fundraising in
accordance with applicable laws and regulations for which the
sole purpose is to benefit the Veterans Home's member's
benefits fund. Revenues accruing to an Illinois Veterans Home,
including any donations, grants for the operation of the Home,
profits from commissary stores, and funds received from any
individual or other source, including limited fundraising,
shall be deposited into that Home's benefits fund. Expenditures
from the benefits funds shall be solely for the special
comfort, pleasure, and amusement of residents. Contributors of
unsolicited private donations may specify the purpose for which
the private donations are to be used.
    Upon request of the Department, the State's Attorney of the
county in which a resident or living former resident of an
Illinois Veterans Home who is liable under this Act for payment
of sums representing maintenance charges resides shall file an
action in a court of competent jurisdiction against any such
person who fails or refuses to pay such sums. The court may
order the payment of sums due to maintenance charges for such
period or periods of time as the circumstances require.
    Upon the death of a person who is or has been a resident of
an Illinois Veterans Home who is liable for maintenance charges
and who is possessed of property, the Department may present a
claim for such sum or for the balance due in case less than the
rate prescribed under this Act has been paid. The claim shall
be allowed and paid as other lawful claims against the estate.
    The administrator of each Veterans Home shall establish a
locally-held trust fund to maintain moneys held for residents.
Whenever the Department finds it necessary to preserve order,
preserve health, or enforce discipline, the resident shall
deposit in a trust account at the Home such monies from any
source of income as may be determined necessary, and
disbursement of these funds to the resident shall be made only
by direction of the administrator.
    If a resident of an Illinois Veterans Home has a dependent
child, spouse, or parent the administrator may require that all
monies received be deposited in a trust account with dependency
contributions being made at the direction of the administrator.
The balance retained in the trust account shall be disbursed to
the resident at the time of discharge from the Home or to his
or her heirs or legal representative at the time of the
resident's death, subject to Department regulations or order of
the court.
    The Director of Central Management Services, with the
consent of the Director of Veterans' Affairs, is authorized and
empowered to lease or let any real property held by the
Department of Veterans' Affairs for an Illinois Veterans Home
to entities or persons upon terms and conditions which are
considered to be in the best interest of that Home. The real
property must not be needed for any direct or immediate purpose
of the Home. In any leasing or letting, primary consideration
shall be given to the use of real property for agricultural
purposes, and all moneys received shall be transmitted to the
Treasurer of the State for deposit in the appropriate Veterans
Home Fund.
(Source: P.A. 99-314, eff. 8-7-15.)
 
    Section 10. The Illinois Library System Act is amended by
changing Section 8.6 as follows:
 
    (75 ILCS 10/8.6)
    Sec. 8.6. Illinois Veterans Veteran's Home Libraries. The
State Librarian shall distribute annual grants for initiatives
of library development and services within Illinois Veterans
Veteran's Home libraries located in Quincy, Manteno, LaSalle,
Chicago, and Anna upon the approval by the State Librarian of
application from libraries. Grants made under this Section
shall be made only from the Secretary of State Special License
Plate Fund. The State Librarian shall establish the criteria
for awarding the grants by rule.
(Source: P.A. 89-697, eff. 1-6-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017