|
|
Rep. Mike Bost
Filed: 3/31/2009
|
|
09600HB3204ham001 |
|
LRB096 09163 DRJ 24765 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 3204
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3204 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Department of Veterans Affairs Act is |
| 5 |
| amended by changing Section 2.04 as follows:
|
| 6 |
| (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
|
| 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 |
|
|
|
09600HB3204ham001 |
- 2 - |
LRB096 09163 DRJ 24765 a |
|
|
| 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
|
| 4 |
| rehabilitation, and repairs.
|
| 5 |
| The administrator of each Veterans Home shall establish a
|
| 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
|
| 14 |
| the private donations are to be used.
|
| 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.
|
| 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 |
|
|
|
09600HB3204ham001 |
- 3 - |
LRB096 09163 DRJ 24765 a |
|
|
| 1 |
| rate prescribed under this Act has been paid. The
claim shall |
| 2 |
| be allowed and paid as other lawful claims against the estate.
|
| 3 |
| The administrator of each Veterans Home shall establish a
|
| 4 |
| locally-held
trust fund to maintain moneys held for residents. |
| 5 |
| Whenever the Department
finds it necessary to preserve order,
|
| 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.
|
| 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.
|
| 20 |
| The Director of Central Management Services, with the
|
| 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 |
|
|
|
09600HB3204ham001 |
- 4 - |
LRB096 09163 DRJ 24765 a |
|
|
| 1 |
| of the Home. In any leasing or letting, primary
consideration |
| 2 |
| shall be given to the use of real property for agricultural
|
| 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.
|
| 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.)
|
| 16 |
| Section 99. Effective date. This Act takes effect upon |
| 17 |
| becoming law.".
|