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

 

 

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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
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

 

 

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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.
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

 

 

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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
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.".