HB4058 94TH GENERAL ASSEMBLY

LRB094 08607 RSP 38815 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4058

Introduced 2/28/2005, by Rep. Lisa M. Dugan

SYNOPSIS AS INTRODUCED:

20 ILCS 2805/2.01

from Ch. 126 1/2, par. 67.01

Amends the Department of Veterans Affairs Act. Removes provisions that now allow a right of admission to veterans of the Spanish American War or World War One. Provides that a veteran is entitled to admission to an Illinois Veterans Home for purposes of eligibility for domiciliary or nursing home care if he or she (i) has served in the armed forces of the United States at least one day in the Global War on Terrorism, (ii) has served and was honorably discharged or retired from the armed forces of the United States for a service connected disability or injury, (iii) has 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, (iv) has 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, (v) has 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, (vi) has 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, or (vii) has 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. Provides that an individual who served during a time of conflict has preference over all other qualifying candidates, for purposes of eligibility for domiciliary or nursing home care at any Illinois Veterans Home. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Section 2.01 as follows:

(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) (a) The Veteran must:

(1) have 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, or the Global War on Terrorism 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 has 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; or

(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 (2) Has (i) served on active duty in the armed forces for one year for purposes of eligibility for domiciliary care only or (ii) served in the National Guard or Reserve Forces of the United States and completed 20 years of satisfactory service, be is otherwise eligible to receive reserve or active duty retirement benefits, and have has been an Illinois resident for at least one year before applying for admission for purposes of eligibility for domiciliary care only. ; and

(c) The veteran must have (b) Has service accredited to the State of Illinois or have has been a resident of this State for one year immediately preceding the date of application. ; and

(d) (c) For admission to the Illinois Veterans Homes at Anna and Quincy, the veteran must be is disabled by disease, wounds, or otherwise and because of the disability be is incapable of earning a living. ; or

(e) (d) For admission to the Illinois Veterans Homes at LaSalle and Manteno and for admission to the John Joseph Kelly Veteran's Home, the veteran must be is disabled by disease, wounds, or otherwise and, for purposes of eligibility for nursing home care, require requires nursing care because of the disability.

(f) An individual who served during a time of conflict as set forth in subsection (a)(1) 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.

(Source: P.A. 91-634, eff. 8-19-99; 92-351, eff. 1-1-02.)

Section 99. Effective date. This Act takes effect upon becoming law.