SB2250 EnrolledLRB102 15358 RAM 20718 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Veterans' Affairs Act is
5amended by changing Sections 2.01a and 2.04 as follows:
 
6    (20 ILCS 2805/2.01a)  (from Ch. 126 1/2, par. 67.01a)
7    Sec. 2.01a. Members benefits fund; personal property. The
8Department shall direct the expenditure of all money which has
9been or may be received by any officer of an Illinois Veterans
10Home including profit on sales from commissary stores. The
11money shall be deposited into the members benefits fund and
12expenditures from the fund shall be made under the direction
13of the Department for the special comfort, pleasure, and
14amusement of residents and employees, provided that amounts
15expended for comfort, pleasure, and amusement of employees
16shall not exceed the amount of profits derived from sales made
17to employees by such commissaries, as determined by the
18Department. The Department may also make expenditures from the
19fund, subject to approval by the Director of Veterans'
20Affairs, for recognition and appreciation programs for
21volunteers who assist the Veterans Homes. Expenditures from
22the fund may not be used to supplement a shortfall in the
23ordinary and contingent operating expenses of the Home and

 

 

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1shall be expended only for the special comfort, pleasure, and
2amusement of the residents.
3    The Department shall prepare a quarterly report on all
4locally-held member's benefits funds from each Illinois
5Veterans Home. The report shall contain the amount of
6donations received for each veterans' home, including monetary
7and nonmonetary items, the expenditures and items dispersed,
8and the end of quarter balance of the locally-held member's
9benefits funds. The Department shall submit the quarterly
10report to the General Assembly and to the Governor and publish
11the report on its website.
12    Money received as interest and income on funds deposited
13for residents of an Illinois Veterans Home shall be paid to the
14individual accounts of the residents. If home residents choose
15to hold savings accounts or other investments outside the
16Home, interest or income on the individual savings accounts or
17investments of residents shall accrue to the individual
18accounts of the residents.
19    Any money belonging to residents separated by death,
20discharge, or unauthorized absence from an Illinois Veterans
21Home, in custody of officers thereof, may, if unclaimed by the
22resident or the legal representatives thereof for a period of
232 years, be expended at the direction of the Department for the
24purposes and in the manner specified above. Articles of
25personal property, with the exception of clothing left in the
26custody of officers, shall, if unclaimed for the period of 2

 

 

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1years, be sold and the money disposed of in the same manner.
2    Clothing left at a Home by residents at the time of
3separation may be used as determined by the Home if unclaimed
4by the resident or legal representatives thereof within 30
5days after notification.
6(Source: P.A. 100-889, eff. 1-1-19.)
 
7    (20 ILCS 2805/2.04)  (from Ch. 126 1/2, par. 67.04)
8    Sec. 2.04. There shall be established in the State
9Treasury special funds known as (i) the LaSalle Veterans Home
10Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno
11Veterans Home Fund, and (iv) the Quincy Veterans Home Fund.
12All moneys received by an Illinois Veterans Home from Medicare
13and from maintenance charges to veterans, spouses, and
14surviving spouses residing at that Home shall be paid into
15that Home's Fund. All moneys received from the U.S. Department
16of Veterans Affairs for patient care shall be transmitted to
17the Treasurer of the State for deposit in the Veterans Home
18Fund for the Home in which the veteran resides. Appropriations
19shall be made from a Fund only for the needs of the Home,
20including capital improvements, building rehabilitation, and
21repairs. The Illinois Veterans' Homes Fund shall be the
22Veterans Home Fund for the Illinois Veterans Home at Chicago.
23    The administrator of each Veterans Home shall establish a
24locally-held member's benefits fund. The Director may
25authorize the Veterans Home to conduct limited fundraising in

 

 

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1accordance with applicable laws and regulations for which the
2sole purpose is to benefit the Veterans Home's member's
3benefits fund. Revenues accruing to an Illinois Veterans Home,
4including any donations, grants for the operation of the Home,
5profits from commissary stores, and funds received from any
6individual or other source, including limited fundraising,
7shall be deposited into that Home's benefits fund.
8Expenditures from the benefits funds shall be solely for the
9special comfort, pleasure, and amusement of residents.
10Contributors of unsolicited private donations may specify the
11purpose for which the private donations are to be used.
12    Upon request of the Department, the State's Attorney of
13the county in which a resident or living former resident of an
14Illinois Veterans Home who is liable under this Act for
15payment of sums representing maintenance charges resides shall
16file an action in a court of competent jurisdiction against
17any such person who fails or refuses to pay such sums. The
18court may order the payment of sums due to maintenance charges
19for such period or periods of time as the circumstances
20require.
21    Upon the death of a person who is or has been a resident of
22an Illinois Veterans Home who is liable for maintenance
23charges and who is possessed of property, the Department may
24present a claim for such sum or for the balance due in case
25less than the rate prescribed under this Act has been paid. The
26claim shall be allowed and paid as other lawful claims against

 

 

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1the estate.
2    The administrator of each Veterans Home shall establish a
3locally-held trust fund to maintain moneys held for residents.
4Whenever the Department finds it necessary to preserve order,
5preserve health, or enforce discipline, the resident shall
6deposit in a trust account at the Home such monies from any
7source of income as may be determined necessary, and
8disbursement of these funds to the resident shall be made only
9by direction of the administrator.
10    If a resident of an Illinois Veterans Home has a dependent
11child, spouse, or parent the administrator may require that
12all monies received be deposited in a trust account with
13dependency contributions being made at the direction of the
14administrator. The balance retained in the trust account shall
15be disbursed to the resident at the time of discharge from the
16Home or to his or her heirs or legal representative at the time
17of the resident's death, subject to Department regulations or
18order of the court.
19    The Director of Central Management Services, with the
20consent of the Director of Veterans' Affairs, is authorized
21and empowered to lease or let any real property held by the
22Department of Veterans' Affairs for an Illinois Veterans Home
23to entities or persons upon terms and conditions which are
24considered to be in the best interest of that Home. The real
25property must not be needed for any direct or immediate
26purpose of the Home. In any leasing or letting, primary

 

 

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1consideration shall be given to the use of real property for
2agricultural purposes, and all moneys received shall be
3transmitted to the Treasurer of the State for deposit in the
4appropriate Veterans Home Fund.
5    Each administrator of an Illinois Veterans Home who has an
6established locally-held member's benefits fund shall prepare
7and submit to the Department a monthly report of all donations
8received, including donations of a nonmonetary nature. The
9report shall include the end of month balance of the
10locally-held member's benefits fund.
11(Source: P.A. 99-314, eff. 8-7-15; 100-392, eff. 8-25-17.)