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| Public Act 097-0297 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Veterans Affairs Act is | ||||
amended by changing Sections 1.2, 2, 2.01, 2.04, 2.07, and 7 as | ||||
follows: | ||||
(20 ILCS 2805/1.2) | ||||
Sec. 1.2. Division of Women Veterans Affairs. Subject to | ||||
appropriations for this purpose, the The Division of Women | ||||
Veterans Affairs is created as a Division within the | ||||
Department. The head of the Division shall serve as an | ||||
Assistant Director of Veterans' Affairs. The Division shall | ||||
serve as an advocate for women veterans, in recognition of the | ||||
unique issues facing women veterans. The Division shall assess | ||||
the needs of women veterans with respect to issues including, | ||||
but not limited to, compensation, rehabilitation, outreach, | ||||
health care, and issues facing women veterans in the community. | ||||
The Division shall review the Department's programs, | ||||
activities, research projects, and other initiatives designed | ||||
to meet the needs of women veterans and shall make | ||||
recommendations to the Director of Veterans' Affairs | ||||
concerning ways to improve, modify, and effect change in | ||||
programs and services for women veterans.
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(Source: P.A. 96-94, eff. 7-27-09.)
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(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
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Sec. 2. Powers and duties. The Department shall have the | ||
following
powers and duties:
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To perform such acts at the request of any veteran, or his | ||
or her spouse,
surviving spouse or dependents as shall be | ||
reasonably necessary
or reasonably incident to obtaining or | ||
endeavoring to obtain for the requester
any advantage, benefit | ||
or emolument accruing or due to such person under
any law of | ||
the United States, the State of Illinois or any other state or
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governmental agency by reason of the service of such veteran, | ||
and in pursuance
thereof shall:
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(1) Contact veterans, their survivors and dependents | ||
and advise them of
the benefits of state and federal laws | ||
and assist them in obtaining such
benefits;
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(2) Establish field offices and direct the activities | ||
of the personnel
assigned to such offices;
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(3) Create a volunteer field force of accredited | ||
representatives,
representing educational institutions, | ||
labor organizations, veterans
organizations, employers, | ||
churches, and farm organizations;
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(4) Conduct informational and training services;
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(5) Conduct educational programs through newspapers, | ||
periodicals and radio
for the specific purpose of | ||
disseminating information affecting veterans
and their | ||
dependents;
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(6) Coordinate the services and activities of all state | ||
departments having
services and resources affecting | ||
veterans and their dependents;
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(7) Encourage and assist in the coordination of | ||
agencies within counties
giving service to veterans and | ||
their dependents;
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(8) Cooperate with veterans organizations and other | ||
governmental agencies;
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(9) Make, alter, amend and promulgate reasonable rules | ||
and procedures for
the administration of this Act;
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(10) Make and publish annual reports to the Governor | ||
regarding the
administration and general operation of the | ||
Department;
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(11) (Blank) Encourage the State to implement more | ||
programs to address the wide
range of issues faced by | ||
Persian Gulf War Veterans, especially those who took
part | ||
in combat, by creating an official commission to further | ||
study Persian
Gulf War Diseases.
The commission shall | ||
consist of 9 members appointed as follows: the Speaker
and | ||
Minority Leader of the House of Representatives and the | ||
President and
Minority Leader of the Senate shall each | ||
appoint one member from the General
Assembly, the
Governor | ||
shall appoint 4 members to represent veterans' | ||
organizations, and the
Department shall appoint one | ||
member. The commission members shall serve
without | ||
compensation; and | ||
(12) Conduct an annual review of the benefits received
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by Illinois veterans that compares benefits received by | ||
Illinois
veterans with the benefits received by veterans in | ||
all other
states and U.S. territories. The required annual | ||
review shall include,
but not be limited to, (1) the | ||
average benefit paid to individual
veterans from Illinois, | ||
in direct comparison to the average benefit
paid to | ||
individual veterans of each of the other states and U.S.
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territories; (2) the number of veterans receiving benefits | ||
in Illinois
for the first time during the year compared to | ||
the number of claims
filed by Illinois veterans during the | ||
year; (3) the aggregate number
of Illinois veterans | ||
receiving benefits compared to the number
of veterans from | ||
each of the other states and U.S. territories
receiving | ||
benefits; and (4) a categorical analysis of the types
of | ||
injuries and disabilities for which benefits are being paid
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in Illinois and each of the other states and U.S. | ||
territories.
The benefits review shall be reported to the | ||
Governor, the
General Assembly, and the Illinois | ||
Congressional delegation upon
the completion of the report | ||
each year.
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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 for the general | ||
benefit of Illinois veterans,
including the conduct of | ||
informational and training services by the Department
and other | ||
authorized purposes of the Department. The Department shall | ||
cause
each grant, gift, devise or bequest to be kept as a | ||
distinct fund and shall
invest such funds in the manner | ||
provided by the Public Funds Investment Act, as
now or | ||
hereafter amended, and shall make such reports as may
be | ||
required by the Comptroller concerning what funds are so held | ||
and
the manner in which such funds are invested.
The Department | ||
may make grants from these funds for the general benefit of
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Illinois veterans. Grants from these funds, except for the | ||
funds established
under Sections 2.01a and 2.03, shall be | ||
subject to appropriation.
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The Department has the power to make grants, from funds | ||
appropriated from
the
Korean War Veterans National Museum and | ||
Library Fund, to private organizations
for the benefit of the | ||
Korean War Veterans National Museum and Library.
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The Department has the power to make grants, from funds | ||
appropriated from the Illinois Military Family Relief Fund, for | ||
benefits authorized under the Survivors Compensation Act.
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(Source: P.A. 93-839, eff. 7-30-04; 94-167, eff. 1-1-06.)
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(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
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Sec. 2.01. Veterans Home admissions.
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(a) Any honorably discharged veteran
is entitled to | ||
admission to an Illinois
Veterans Home if the applicant meets | ||
the requirements of this Section.
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(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
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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;
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(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
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(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.
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(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.
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(d) For admission to the Illinois Veterans Homes at Anna | ||
and
Quincy, the veteran must be disabled by disease, wounds, or | ||
otherwise and because
of the disability be incapable of earning | ||
a living.
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(e) 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 disabled 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 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.
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(Source: P.A. 94-588, eff. 8-15-05.)
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(20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
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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 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
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rehabilitation, and repairs.
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The administrator of each Veterans Home shall establish a
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locally-held
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,
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
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the private donations are to be used.
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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.
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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.
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The administrator of each Veterans Home shall establish a
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locally-held
trust fund to maintain moneys held for residents. | ||
Whenever the Department
finds it necessary to preserve order,
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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.
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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.
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The Director of Central Management Services, with the
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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
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purposes, and all moneys received shall be transmitted to the | ||
Treasurer of
the State for deposit in the appropriate Veterans | ||
Home Fund.
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(Source: P.A. 91-634, eff. 8-19-99; 92-671, eff. 7-16-02.)
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(20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
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Sec. 2.07. The Department shall employ and maintain | ||
sufficient and
qualified staff at the veterans' homes (i) to | ||
fill all beds, subject to appropriation, and (ii) to
fulfill | ||
the requirements of this Act. The Department shall report to
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the General Assembly, by January 1 and July 1 of each year, the | ||
number of
staff employed in providing direct patient care at | ||
their veterans' homes,
the compliance or noncompliance with | ||
staffing standards established by the
United States Department | ||
of Veterans Affairs for
such care, and in the event of
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noncompliance with such standards, the number of staff required | ||
for compliance. For purposes of this Section, a nurse who has a | ||
license application pending with the State shall not be deemed | ||
unqualified by the Department if the nurse is in compliance | ||
with Section 50-15 of the Nurse Practice Act.
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All contracts between the State and outside contractors to | ||
provide workers
to
staff and service
the Anna
Veterans Home | ||
shall be canceled in accordance with the terms of those
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contracts. Upon
cancellation, each
worker or staff member shall | ||
be offered certified employment status under the
Illinois
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Personnel Code with the State of Illinois.
To the extent it is | ||
reasonably practicable, the position offered to each person
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shall be at the
same facility and
shall
consist of the same | ||
duties and hours as previously existed under the
canceled
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contract or contracts.
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(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07; | ||
95-876, eff. 8-21-08; 96-699, eff. 8-25-09.)
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(20 ILCS 2805/7) | ||
Sec. 7. Veterans' Memorial Commission. The Veterans' | ||
Memorial Commission is created within the Department. No later | ||
than July 1, 2012 the The Commission shall make recommendations | ||
to the Governor and the General Assembly on changes to the | ||
Illinois statutes to help ensure the long term maintenance and | ||
preservation of veterans' memorials. gather information on | ||
memorial preservation and management and advise State and local | ||
governments and other entities in the creation, custody, care, | ||
and upkeep of veterans' memorials. The Commission shall conduct | ||
studies and make reports regarding the various laws and rules | ||
affecting veteran's memorials to determine whether | ||
consolidation or other changes in the laws or rules are needed | ||
to facilitate memorial preservation and to raise awareness of | ||
issues affecting veterans' memorials. The Commission shall be | ||
composed of 13 12 members as follows: 2 members appointed by | ||
the President of the Senate, 2 members appointed by the | ||
Minority Leader of the Senate, 2 members appointed by the | ||
Speaker of the House of Representatives, 2 members appointed by | ||
the Minority Leader of the House of Representatives, one | ||
representative of the Department of Veterans Affairs, and 3 | ||
representatives of different veterans service organizations | ||
appointed by the Director of the Department, and one | ||
representative of the Illinois Historic Preservation Agency. | ||
Members shall serve 2-year terms, without compensation. This | ||
Section shall be repealed on July 1, 2012.
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(Source: P.A. 94-448, eff. 8-4-05.)
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(20 ILCS 2805/2d rep.)
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(20 ILCS 2805/2e rep.)
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(20 ILCS 2805/2f rep.)
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(20 ILCS 2805/10 rep.)
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(20 ILCS 2805/30 rep.) | ||
Section 10. The Department of Veterans Affairs Act is | ||
amended by repealing Sections 2d, 2e, 2f, 10, and 30.
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(30 ILCS 105/5.525 rep.)
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Section 15. The State Finance Act is amended by repealing | ||
Section 5.525.
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