Public Act 90-0168 of the 90th General Assembly
Public Act 90-0168
HB2225 Enrolled LRB9002606PTcw
AN ACT concerning the Department of Veterans' Affairs.
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, 2.01a, 2.03 and adding
Section 2.10 as follows:
(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
Sec. 2. Powers and duties. The Department shall have
the following powers and duties:
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 governmental agency by reason of the service of such
veteran, and in pursuance thereof shall:
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;
2. Establish field offices and direct the
activities of the personnel assigned to such offices;
3. Create a volunteer field force of accredited
representatives, representing educational institutions,
labor organizations, veterans organizations, employers,
churches, and farm organizations;
4. Conduct informational and training services;
5. Conduct educational programs through newspapers,
periodicals and radio for the specific purpose of
disseminating information affecting veterans and their
dependents;
6. Coordinate the services and activities of all
state departments having services and resources affecting
veterans and their dependents;
7. Encourage and assist in the coordination of
agencies within counties giving service to veterans and
their dependents;
8. Cooperate with veterans organizations and other
governmental agencies;
9. Make, alter, amend and promulgate reasonable
rules and procedures for the administration of this Act;
and
10. Make and publish annual reports to the Governor
regarding the administration and general operation of the
Department.
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 "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, 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 Illinois
veterans. Grants from these funds, except for the funds
established under Sections 2.01a and 2.03, shall be subject
to appropriation.
The Department has the power to make grants, from funds
appropriated from the Korean War Memorial Fund, to private
organizations, including the Korean Memorial Association of
Illinois, for the costs of erecting a Korean War Memorial in
Illinois.
(Source: P.A. 88-160; 88-666, eff. 9-16-94.)
(20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
Sec. 2.01a. Members 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 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, 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.
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 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. 88-160; 89-324, eff. 8-13-95.)
(20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
Sec. 2.03. Admissions. Admissions to an Illinois
Veterans Home are subject to the rules and regulations
adopted by the Department of Veterans' Affairs to govern the
admission of applicants.
Each resident of a Home is liable for the payment of sums
representing maintenance charges for care at the Home at a
rate to be determined by the Department, based on the
resident's ability to pay. However, the charges shall not
exceed the average annual per capita cost of maintaining the
resident in the Home. The Department, upon being furnished
proof of payment, shall in its discretion make allowances for
unusual expenses in determining the ability of the resident
to pay maintenance charges.
Payment of maintenance charges shall be made first and to
the fullest extent possible from sources of income other than
pension or compensation paid by the U.S. Department of
Veterans Affairs.
The basis upon which the payment of maintenance charges
shall be calculated by the Department is the average per
capita cost for the care of all residents at each Home for
the fiscal year immediately preceding the period for which
the rate for each Home is being calculated.
The Department may require residents to pay charges
monthly, quarterly, or otherwise as may be most suitably
arranged for the individual members. The amounts received
from each Home for the charges shall be transmitted to the
Treasurer of the State of Illinois for deposit in each
Veterans Home Fund, respectively.
The Department may investigate the financial condition of
residents of a Home to determine their ability to pay
maintenance charges and to establish standards as a basis of
judgment for such determination. Such standards shall be
recomputed periodically to reflect changes in the cost of
living and other pertinent factors.
Refusal to pay the maintenance charges is cause for
discharge of a resident from a Home.
The Department may collect any medical or health benefits
to which a resident may become entitled through tax supported
or privately financed systems of insurance, as a result of
his or her care or treatment in the facilities provided by
the Department, or because of care or treatment in other
facilities when such care or treatment has been paid for by
the Department.
Admission of a resident is not limited or conditioned in
any manner by the financial status of the resident or his or
her ability to pay maintenance charges.
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 in trust
for the maintenance or support of a resident of an Illinois
Veterans Home or for any other legitimate purpose connected
with a Home. The Department shall cause each gift, grant,
devise, or bequest to be kept as a distinct fund and shall
invest the same in the manner provided by the laws of this
State relating to securities in which the deposit in savings
banks may be invested. However, the Department may, at its
discretion, deposit in a proper trust company, bank, or
savings bank, during the continuance of the trust, any fund
left in trust for the life of a person and shall adopt rules
and regulations governing the deposit, transfer, or
withdrawal of the fund. The Department shall, on the
expiration of any trust as provided in any instrument
creating the trust, dispose of the fund in the manner
provided in the instrument. The Department shall include in
its required reports a statement showing what funds are so
held by it and the condition of the funds; provided that
monies found on residents at the time of their admission or
accruing to them during their residence at a Home and monies
deposited with the administrators by relatives, guardians, or
friends of residents for the special comfort and pleasure of
the resident shall remain in the custody of the
administrators who shall act as trustees for disbursement to,
on behalf of, or for the benefit of the resident. All types
of retirement and pension benefits from private and public
sources may be paid directly to the administrator of a Home
for deposit to the resident trust fund account.
(Source: P.A. 88-45; 88-160; 89-324, eff. 8-13-95.)
(20 ILCS 2805/2.10 new)
Sec. 2.10. Conflicts with the Nursing Home Care Act. If
there is a conflict between the provisions of this Act and
the provisions of the Nursing Home Care Act concerning an
Illinois Veterans Home not operated by the Department of
Veterans' Affairs, then the provisions of the Nursing Home
Care Act shall apply.
Section 10. The State Finance Act is amended by changing
Section 25 as follows:
(30 ILCS 105/25) (from Ch. 127, par. 161)
(Text of Section before amendment by P.A. 89-507)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for
expenditure for the fiscal year or for a lesser period if the
Act making that appropriation so specifies. A deficiency or
emergency appropriation shall be available for expenditure
only through June 30 of the year when the Act making that
appropriation is enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out
of the expiring appropriations during the 2-month period
ending at the close of business on August 31. Any service
involving professional or artistic skills or any personal
services by an employee whose compensation is subject to
income tax withholding must be performed as of June 30 of the
fiscal year in order to be considered an "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
However, payment of tuition reimbursement claims under
Section 14-7.03 or 18-3 of the School Code may be made by the
State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the
claims reimbursed by the payment may be claims attributable
to a prior fiscal year, and payments may be made at the
direction of the State Superintendent of Education from the
fund from which the appropriation is made without regard to
any fiscal year limitations.
Medical payments may be made by the Department of
Veterans' Affairs from its appropriations for those purposes
for any fiscal year, without regard to the fact that the
medical services being compensated for by such payment may
have been rendered in a prior fiscal year.
Medical and child care payments may be made by the
Department of Public Aid from its appropriations for those
purposes for any fiscal year, without regard to the fact that
the medical or child care services being compensated for by
such payment may have been rendered in a prior fiscal year;
and payments may be made at the direction of the Department
of Central Management Services from the Health Insurance
Reserve Fund and the Local Government Health Insurance
Reserve Fund without regard to any fiscal year limitations.
Additionally, payments may be made by the Department of
Public Aid from its appropriations, or any other State agency
from its appropriations with the approval of the Department
of Public Aid, from the Immigration Reform and Control Fund
for purposes authorized pursuant to the Immigration Reform
and Control Act of 1986, without regard to any fiscal year
limitations.
(c) Further, payments may be made by the Department of
Public Health from its appropriations for grants for medical
care to or on behalf of persons suffering from chronic renal
disease, persons suffering from hemophilia, rape victims, and
premature and high-mortality risk infants and their mothers
and for grants for supplemental food supplies provided under
the United States Department of Agriculture Women, Infants
and Children Nutrition Program, for any fiscal year without
regard to the fact that the services being compensated for by
such payment may have been rendered in a prior fiscal year.
(d) The Department of Public Health shall annually
submit to the State Comptroller, Senate President, Senate
Minority Leader, Speaker of the House, House Minority Leader,
and the respective Chairmen and Minority Spokesmen of the
Appropriations Committees of the Senate and the House, on or
before December 31, a report of fiscal year funds used to pay
for services provided in any prior fiscal year. This report
shall document by program or service category those
expenditures from the most recently completed fiscal year
used to pay for services provided in prior fiscal years.
(e) The Department of Public Aid shall annually submit
to the State Comptroller, Senate President, Senate Minority
Leader, Speaker of the House, House Minority Leader, the
respective Chairmen and Minority Spokesmen of the
Appropriations Committees of the Senate and the House, on or
before November 30, a report that shall document by program
or service category those expenditures from the most recently
completed fiscal year used to pay for (i) services provided
in prior fiscal years and (ii) services for which claims were
received in prior fiscal years.
(f) The Department of Public Aid shall annually submit
to the State Comptroller, Senate President, Senate Minority
Leader, Speaker of the House, House Minority Leader, and the
respective Chairmen and Minority Spokesmen of the
Appropriations Committees of the Senate and the House, on or
before December 31, a report of fiscal year funds used to pay
for services (other than medical care) provided in any prior
fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(g) In addition, each annual report required to be
submitted by the Department of Public Aid under subsection
(e) shall include the following information with respect to
the State's Medicaid program:
(1) Explanations of the exact causes of the
variance between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Public
Aid's liabilities, including but not limited to numbers
of aid recipients, levels of medical service utilization
by aid recipients, and inflation in the cost of medical
services.
(3) The results of the Department's efforts to
combat fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance based on
estimated charges for goods or services;
(2) issuing credits during the subsequent fiscal
year for all user agency payments received during the
prior fiscal year which were in excess of the final
amounts owed by the user agency for that period; and
(3) issuing catch-up billings to user agencies
during the subsequent fiscal year for amounts remaining
due when payments received from the user agency during
the prior fiscal year were less than the total amount
owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued.
(Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
89-235, eff. 8-4-95; 89-511, eff. 1-1-97.)
(Text of Section after amendment by P.A. 89-507)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for
expenditure for the fiscal year or for a lesser period if the
Act making that appropriation so specifies. A deficiency or
emergency appropriation shall be available for expenditure
only through June 30 of the year when the Act making that
appropriation is enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out
of the expiring appropriations during the 2-month period
ending at the close of business on August 31. Any service
involving professional or artistic skills or any personal
services by an employee whose compensation is subject to
income tax withholding must be performed as of June 30 of the
fiscal year in order to be considered an "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
However, payment of tuition reimbursement claims under
Section 14-7.03 or 18-3 of the School Code may be made by the
State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the
claims reimbursed by the payment may be claims attributable
to a prior fiscal year, and payments may be made at the
direction of the State Superintendent of Education from the
fund from which the appropriation is made without regard to
any fiscal year limitations.
Medical payments may be made by the Department of
Veterans' Affairs from its appropriations for those purposes
for any fiscal year, without regard to the fact that the
medical services being compensated for by such payment may
have been rendered in a prior fiscal year.
Medical payments may be made by the Department of Public
Aid and child care payments may be made by the Department of
Human Services (as successor to the Department of Public Aid)
from appropriations for those purposes for any fiscal year,
without regard to the fact that the medical or child care
services being compensated for by such payment may have been
rendered in a prior fiscal year; and payments may be made at
the direction of the Department of Central Management
Services from the Health Insurance Reserve Fund and the Local
Government Health Insurance Reserve Fund without regard to
any fiscal year limitations.
Additionally, payments may be made by the Department of
Human Services from its appropriations, or any other State
agency from its appropriations with the approval of the
Department of Human Services, from the Immigration Reform and
Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations.
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
persons suffering from chronic renal disease, persons
suffering from hemophilia, rape victims, and premature and
high-mortality risk infants and their mothers and for grants
for supplemental food supplies provided under the United
States Department of Agriculture Women, Infants and Children
Nutrition Program, for any fiscal year without regard to the
fact that the services being compensated for by such payment
may have been rendered in a prior fiscal year.
(d) The Department of Public Health and the Department
of Human Services (acting as successor to the Department of
Public Health under the Department of Human Services Act)
shall each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House,
House Minority Leader, and the respective Chairmen and
Minority Spokesmen of the Appropriations Committees of the
Senate and the House, on or before December 31, a report of
fiscal year funds used to pay for services provided in any
prior fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(e) The Department of Public Aid and the Department of
Human Services (acting as successor to the Department of
Public Aid) shall each annually submit to the State
Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before November
30, a report that shall document by program or service
category those expenditures from the most recently completed
fiscal year used to pay for (i) services provided in prior
fiscal years and (ii) services for which claims were received
in prior fiscal years.
(f) The Department of Human Services (as successor to
the Department of Public Aid) shall annually submit to the
State Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, and the
respective Chairmen and Minority Spokesmen of the
Appropriations Committees of the Senate and the House, on or
before December 31, a report of fiscal year funds used to pay
for services (other than medical care) provided in any prior
fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(g) In addition, each annual report required to be
submitted by the Department of Public Aid under subsection
(e) shall include the following information with respect to
the State's Medicaid program:
(1) Explanations of the exact causes of the
variance between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Public
Aid's liabilities, including but not limited to numbers
of aid recipients, levels of medical service utilization
by aid recipients, and inflation in the cost of medical
services.
(3) The results of the Department's efforts to
combat fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance based on
estimated charges for goods or services;
(2) issuing credits during the subsequent fiscal
year for all user agency payments received during the
prior fiscal year which were in excess of the final
amounts owed by the user agency for that period; and
(3) issuing catch-up billings to user agencies
during the subsequent fiscal year for amounts remaining
due when payments received from the user agency during
the prior fiscal year were less than the total amount
owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued.
(Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff.
1-1-97; revised 9-10-96.)
Section 15. The Nursing Home Care Act is amended by
adding Section 2-215 as follows:
(210 ILCS 45/2-215 new)
Sec. 2-215. Conflicts with the Department of Veterans
Affairs Act. If there is a conflict between the provisions
of this Act and the provisions of the Department of Veterans
Affairs Act concerning an Illinois Veterans Home not operated
by the Department of Veterans' Affairs, then the provisions
of this Act shall apply.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.