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Public Act 91-0634
SB1207 Enrolled LRB9104041MWgc
AN ACT concerning the John Joseph Kelly Veteran's Home,
amending named Acts.
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 2.01 and 2.04 as follows:
(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
Sec. 2.01. Any honorably discharged veteran is entitled
to admission to an Illinois Veterans Home, if the applicant:
(a) (1) Has served in the armed forces of the United
States at least 1 day in the Spanish American War, World War
I, 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 for purposes of eligibility
for domiciliary or nursing home care; or
(2) Has served on active duty in the armed forces for
one year for purposes of eligibility for domiciliary care
only; and
(b) Has service accredited to the State of Illinois or
has been a resident of this State for one year immediately
preceding the date of application; and
(c) For admission to the Illinois Veterans Homes at Anna
and Quincy, is disabled by disease, wounds, or otherwise and
because of the disability is incapable of earning a living;
or
(d) For admission to the Illinois Veterans Homes at
LaSalle and Manteno and for admission to the John Joseph
Kelly Veteran's Home, is disabled by disease, wounds, or
otherwise and, for purposes of eligibility for nursing home
care, requires nursing care because of the disability.
(Source: P.A. 88-160; 89-324, eff. 8-13-95.)
(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,
and (v) the John Joseph Kelly Home Fund. All moneys monies
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 monies 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 administrator of each Veteran's Home shall establish
a locally-held member's benefits fund. Revenues accruing to
an Illinois Veterans Home, including any donations, grants
for the operation of the Home, interest on residents' trust
fund accounts established under this Section, profits from
commissary stores, and funds received from any individual or
other source, shall be deposited into that Home's benefit
fund. Interest on residents' trust fund accounts shall be
transferred at least semi-annually to the benefits fund.
Expenditures from the benefit 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 Veteran's 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. 88-160; 89-324, eff. 8-13-95.)
Section 10. The State Finance Act is amended by adding
Section 5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. John Joseph Kelly Home Fund.
Section 99. Effective date. This Act takes effect on
July 1, 1999.
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