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92nd General Assembly

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Public Act 92-0671

HB4454 Enrolled                               LRB9211863BDdvB

    AN ACT concerning veterans.

    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 2.01a and 2.04 as follows:

    (20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
    Sec. 2.01a.   Members  benefits  benefit  fund;  personal
property.  The Department shall direct the expenditure of all
money which has been or may be received by any officer of  an
Illinois   Veterans  Home  including  profit  on  sales  from
commissary stores. The money  shall  be  deposited  into  the
members  benefits benefit fund and expenditures from the fund
shall be made under the direction of the Department  for  the
special  comfort,  pleasure,  and  amusement of residents and
employees,  provided  that  amounts  expended  for   comfort,
pleasure,  and  amusement  of  employees shall not exceed the
amount of profits derived from sales  made  to  employees  by
such   commissaries,   as   determined   by  the  Department.
Expenditures from the fund may not be used  to  supplement  a
shortfall  in  the ordinary and contingent operating expenses
of the Home and  shall  be  expended  only  for  the  special
comfort, pleasure, and amusement of the residents.
    Money  received as interest and income on funds deposited
for residents of an Illinois Veterans Home  operated  by  the
Department   of  Veterans'  Affairs  shall  be  paid  to  the
individual accounts of the residents placed  in  the  members
benefit  fund  and expenditures from the fund may not be used
to supplement a shortfall  in  the  ordinary  and  contingent
operating expenses of the Home and shall be expended only for
the   special   comfort,   pleasure,  and  amusement  of  the
residents. If home residents choose to hold savings  accounts
or  other investments outside the Home, interest or income on
the individual savings accounts or investments  of  residents
shall  not be so expended, but shall accrue to the individual
accounts of the residents.
    Any money belonging  to  residents  separated  by  death,
discharge,  or unauthorized absence from an Illinois Veterans
Home, in custody of officers thereof, may,  if  unclaimed  by
the  resident  or  the  legal  representatives  thereof for a
period of 2 years,  be  expended  at  the  direction  of  the
Department  for  the  purposes  and  in  the manner specified
above. Articles of personal property, with the  exception  of
clothing left in the custody of officers, shall, if unclaimed
for  the period of 2 years, be sold and the money disposed of
in the same manner.
    Clothing left at a Home  by  residents  at  the  time  of
separation may be used as determined by the Home if unclaimed
by  the  resident  or legal representatives thereof within 30
days after notification.
(Source: P.A. 89-324, eff.  8-13-95;  90-168,  eff.  7-23-97;
90-752, eff. 8-14-98.)

    (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, (iv) the Quincy Veterans Home Fund, and
(v) the John Joseph Kelly 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 administrator of each Veterans 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 benefits benefit  fund.  Interest  on  residents'
trust   fund   accounts   shall   be   transferred  at  least
semi-annually to the benefits fund.   Expenditures  from  the
benefits  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 Veterans 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. 91-634, eff. 8-19-99.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 07, 2002.
    Approved July 16, 2002.
    Effective July 16, 2002.

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