Rep. Mike Bost
Filed: 3/31/2009
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| 1 | AMENDMENT TO HOUSE BILL 3204
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| 2 | AMENDMENT NO. ______. Amend House Bill 3204 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Department of Veterans Affairs Act is | ||||||
| 5 | amended by changing Section 2.04 as follows:
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| 6 | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
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| 7 | Sec. 2.04.
There shall be established in the State Treasury | ||||||
| 8 | special funds
known as (i) the LaSalle Veterans Home Fund, (ii) | ||||||
| 9 | the Anna Veterans Home Fund,
(iii) the Manteno Veterans Home | ||||||
| 10 | Fund, (iv) the Quincy Veterans Home
Fund, and (v) the John | ||||||
| 11 | Joseph Kelly Home Fund.
All moneys received by an Illinois | ||||||
| 12 | Veterans Home from Medicare and from
maintenance charges to | ||||||
| 13 | veterans, spouses, and surviving spouses residing at
that Home | ||||||
| 14 | shall be paid into that Home's Fund. All moneys
received from | ||||||
| 15 | the
U.S. Department of Veterans Affairs for patient care shall | ||||||
| 16 | be transmitted to
the Treasurer of the State for deposit in the | ||||||
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| 1 | Veterans Home Fund for the Home
in which the veteran resides. | ||||||
| 2 | Appropriations shall be made from a Fund only
for the needs of | ||||||
| 3 | the Home, including capital improvements, building
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| 4 | rehabilitation, and repairs.
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| 5 | The administrator of each Veterans Home shall establish a
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| 6 | locally-held
member's benefits fund. Revenues accruing to an | ||||||
| 7 | Illinois Veterans Home,
including any donations, grants for the | ||||||
| 8 | operation of the Home, profits from
commissary stores, and | ||||||
| 9 | funds received from any individual or other source,
shall be | ||||||
| 10 | deposited into that Home's benefits fund. Expenditures from the | ||||||
| 11 | benefits funds
shall
be solely for the special comfort, | ||||||
| 12 | pleasure, and amusement of residents.
Contributors of | ||||||
| 13 | unsolicited private donations may specify the purpose for which
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| 14 | the private donations are to be used.
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| 15 | Upon request of the Department, the State's Attorney of the | ||||||
| 16 | county in which
a resident or living former resident of an | ||||||
| 17 | Illinois Veterans Home
who is liable under this Act
for payment | ||||||
| 18 | of sums representing maintenance charges resides shall file
an | ||||||
| 19 | action in a court of competent jurisdiction against any such | ||||||
| 20 | person who
fails or refuses to pay such sums. The court may | ||||||
| 21 | order the payment of sums
due to maintenance charges for such | ||||||
| 22 | period or periods of time as the
circumstances require.
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| 23 | Upon the death of a person who is or has been a resident of | ||||||
| 24 | an
Illinois Veterans Home who is
liable for maintenance charges | ||||||
| 25 | and who is possessed of property, the
Department may present a | ||||||
| 26 | claim for such sum or for the balance due in
case less than the | ||||||
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| 1 | rate prescribed under this Act has been paid. The
claim shall | ||||||
| 2 | be allowed and paid as other lawful claims against the estate.
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| 3 | The administrator of each Veterans Home shall establish a
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| 4 | locally-held
trust fund to maintain moneys held for residents. | ||||||
| 5 | Whenever the Department
finds it necessary to preserve order,
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| 6 | preserve health, or enforce discipline, the resident shall | ||||||
| 7 | deposit in a
trust account at the Home such monies from any | ||||||
| 8 | source of income as may
be determined necessary, and | ||||||
| 9 | disbursement of these funds to the resident
shall be made only | ||||||
| 10 | by direction of the administrator.
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| 11 | If a resident of an Illinois Veterans Home has a
dependent | ||||||
| 12 | child, spouse, or parent the administrator may
require that all | ||||||
| 13 | monies
received be deposited in a trust account with dependency | ||||||
| 14 | contributions
being made at the direction of the administrator. | ||||||
| 15 | The balance retained
in the trust account shall be disbursed to | ||||||
| 16 | the resident at the time of
discharge from the Home or to his | ||||||
| 17 | or her heirs or legal representative
at the time of the | ||||||
| 18 | resident's death, subject to Department regulations
or order of | ||||||
| 19 | the court.
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| 20 | The Director of Central Management Services, with the
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| 21 | consent of the Director of Veterans' Affairs, is authorized
and | ||||||
| 22 | empowered to lease or let any real property held by the | ||||||
| 23 | Department of
Veterans' Affairs for an Illinois Veterans Home | ||||||
| 24 | to entities or
persons upon terms and conditions which are | ||||||
| 25 | considered to be in the best
interest of that Home. The real | ||||||
| 26 | property must not be needed for any direct
or immediate purpose | ||||||
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| 1 | of the Home. In any leasing or letting, primary
consideration | ||||||
| 2 | shall be given to the use of real property for agricultural
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| 3 | purposes, and all moneys received shall be transmitted to the | ||||||
| 4 | Treasurer of
the State for deposit in the appropriate Veterans | ||||||
| 5 | Home Fund.
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| 6 | Notwithstanding any other provision of law, the Department | ||||||
| 7 | of Veterans' Affairs shall negotiate all contracts for the | ||||||
| 8 | distribution and sale of beverages at veterans homes. Any | ||||||
| 9 | contract for the distribution and sale of beverages at veterans | ||||||
| 10 | homes negotiated by the Department of Central Management | ||||||
| 11 | Services that is in effect on the effective date of this | ||||||
| 12 | amendatory Act of the 96th General Assembly shall terminate on | ||||||
| 13 | the termination date specified in the contract and shall not be | ||||||
| 14 | renewed by the Department of Central Management Services. | ||||||
| 15 | (Source: P.A. 91-634, eff. 8-19-99; 92-671, eff. 7-16-02.)
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| 16 | Section 99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.".
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