Rep. Michael P. McAuliffe
Filed: 5/26/2017
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1 | AMENDMENT TO SENATE BILL 266
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2 | AMENDMENT NO. ______. Amend Senate Bill 266 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 Sections 2g, 2.01, 2.03, and 2.04 and by | ||||||
6 | adding Section 2.01b as follows: | ||||||
7 | (20 ILCS 2805/2g) | ||||||
8 | Sec. 2g. The Illinois Veterans' Homes Fund. The Illinois | ||||||
9 | Veterans' Homes Fund is hereby created as a special fund in the | ||||||
10 | State treasury. From appropriations to the Department from the | ||||||
11 | Fund the Department shall purchase needed equipment and | ||||||
12 | supplies to enhance the lives of the residents at and for to | ||||||
13 | enhance the operations of veterans' homes in Illinois , | ||||||
14 | including capital improvements, building rehabilitation, and | ||||||
15 | repairs .
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16 | (Source: P.A. 93-776, eff. 7-21-04.)
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1 | (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
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2 | Sec. 2.01. Veterans Home admissions.
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3 | (a) Any honorably discharged veteran
is entitled to | ||||||
4 | admission to an Illinois
Veterans Home if the applicant meets | ||||||
5 | the requirements of this Section.
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6 | (b)
The veteran must: | ||||||
7 | (1) have served in the armed forces of the United | ||||||
8 | States at least
1 day in World War II, the Korean
Conflict, | ||||||
9 | the Viet Nam Campaign, or the Persian Gulf Conflict
between | ||||||
10 | the dates recognized by the U.S. Department of Veterans | ||||||
11 | Affairs or
between any other present or future dates | ||||||
12 | recognized by the U.S. Department of
Veterans Affairs as a | ||||||
13 | war period, or have served in a hostile fire
environment | ||||||
14 | and has been awarded a campaign or expeditionary medal
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15 | signifying his or her service,
for purposes of eligibility | ||||||
16 | for domiciliary or
nursing home care; | ||||||
17 | (2) have served and been honorably discharged or | ||||||
18 | retired from the armed forces of the United States for a | ||||||
19 | service connected disability or injury, for purposes of | ||||||
20 | eligibility for domiciliary or
nursing home care; | ||||||
21 | (3) have served as an enlisted person at least 90 days | ||||||
22 | on active duty in the armed forces of the United States, | ||||||
23 | excluding service on active duty for training purposes | ||||||
24 | only, and entered active duty before September 8, 1980, for | ||||||
25 | purposes of eligibility for domiciliary or
nursing home |
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1 | care; | ||||||
2 | (4) have served as an officer at least 90 days on | ||||||
3 | active duty in the armed forces of the United States, | ||||||
4 | excluding service on active duty for training purposes | ||||||
5 | only, and entered active duty before October 17, 1981, for | ||||||
6 | purposes of eligibility for domiciliary or
nursing home | ||||||
7 | care; | ||||||
8 | (5) have served on active duty in the armed forces of | ||||||
9 | the United States for 24 months of continuous service or | ||||||
10 | more, excluding active duty for training purposes only, and | ||||||
11 | enlisted after September 7, 1980, for purposes of | ||||||
12 | eligibility for domiciliary or
nursing home care; | ||||||
13 | (6) have served as a reservist in the armed forces of | ||||||
14 | the United States or the National Guard and the service | ||||||
15 | included being called to federal active duty, excluding | ||||||
16 | service on active duty for training purposes only, and who | ||||||
17 | completed the term,
for purposes of eligibility for | ||||||
18 | domiciliary or nursing home care;
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19 | (7) have been discharged for reasons of hardship or | ||||||
20 | released from active duty due to a reduction in the United | ||||||
21 | States armed forces prior to the completion of the required | ||||||
22 | period of service, regardless of the actual time served, | ||||||
23 | for purposes of eligibility for domiciliary or nursing home | ||||||
24 | care; or
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25 | (8) have served in the National Guard or Reserve Forces | ||||||
26 | of the
United States and completed 20 years of satisfactory |
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1 | service, be
otherwise eligible to receive reserve or active | ||||||
2 | duty retirement
benefits, and have been an Illinois | ||||||
3 | resident for at least one year
before applying for | ||||||
4 | admission for purposes of eligibility
for domiciliary care | ||||||
5 | only.
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6 | (c) The veteran must have service accredited to the State | ||||||
7 | of Illinois or
have been a resident of this State for one year | ||||||
8 | immediately
preceding the date of application.
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9 | (d) For admission to the Illinois Veterans Homes at Anna | ||||||
10 | and
Quincy, the veteran must have developed a disability by | ||||||
11 | disease, wounds, or otherwise and because
of the disability be | ||||||
12 | incapable of earning a living.
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13 | (e) For admission to the Illinois Veterans Homes at | ||||||
14 | Chicago, LaSalle , and Manteno,
the veteran must have developed | ||||||
15 | a disability by disease, wounds, or otherwise and, for purposes | ||||||
16 | of eligibility
for nursing home care, require nursing care | ||||||
17 | because of the disability. | ||||||
18 | (f) An individual who served during a time of conflict as | ||||||
19 | set forth in paragraph (1) of subsection (b) of this Section | ||||||
20 | has preference over all other qualifying candidates, for | ||||||
21 | purposes of eligibility for domiciliary or
nursing home care at | ||||||
22 | any Illinois Veterans Home.
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23 | (g) A veteran or spouse, once admitted to an Illinois | ||||||
24 | Veterans Home facility, is considered a resident for | ||||||
25 | interfacility purposes. | ||||||
26 | (Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15; |
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1 | 99-642, eff. 7-28-16.)
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2 | (20 ILCS 2805/2.01b new) | ||||||
3 | Sec. 2.01b. Illinois Veterans Home at Chicago. The | ||||||
4 | Illinois Veterans Home at Chicago is established. The | ||||||
5 | Department shall operate and maintain the Illinois Veterans | ||||||
6 | Home at Chicago.
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7 | (20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
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8 | Sec. 2.03. Admissions. Admissions to an Illinois Veterans | ||||||
9 | Home are
subject to the rules and regulations adopted by the | ||||||
10 | Department of Veterans'
Affairs to govern the admission of | ||||||
11 | applicants.
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12 | Each resident of a Home is liable for the payment of sums
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13 | representing maintenance charges for care at the Home at a rate | ||||||
14 | to
be determined by the Department, based on the resident's | ||||||
15 | ability to pay.
However, the charges shall not exceed the | ||||||
16 | average annual per
capita cost of maintaining the resident in | ||||||
17 | the Home. The Department,
upon being furnished proof of | ||||||
18 | payment, shall in its discretion
make allowances for unusual | ||||||
19 | expenses in determining the
ability of the resident to pay | ||||||
20 | maintenance charges.
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21 | The basis upon which the payment of maintenance charges | ||||||
22 | shall be
calculated by the Department is the average per capita | ||||||
23 | cost
for the care of all residents at each Home for the fiscal | ||||||
24 | year
immediately preceding the period for which the rate for |
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1 | each
Home is being calculated.
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2 | The Department may require residents to pay charges | ||||||
3 | monthly,
quarterly, or otherwise as may be most suitably | ||||||
4 | arranged for the
individual members. The amounts received from | ||||||
5 | each Home for the
charges shall be transmitted to the Treasurer | ||||||
6 | of the State of Illinois
for deposit in each Veterans Home | ||||||
7 | Fund, respectively , except that receipts attributable to the | ||||||
8 | Illinois Veterans Home at Chicago shall be deposited into the | ||||||
9 | Illinois Veterans' Homes Fund .
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10 | The Department may investigate the financial condition of | ||||||
11 | residents
of a Home to determine their ability to pay | ||||||
12 | maintenance charges and
to establish standards as a basis of | ||||||
13 | judgment for such determination.
Such standards shall be | ||||||
14 | recomputed periodically to reflect
changes in the cost of | ||||||
15 | living and other pertinent factors.
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16 | Refusal to pay the maintenance charges is cause for | ||||||
17 | discharge
of a resident from a Home.
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18 | The Department may collect any medical or health benefits
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19 | to which a resident may become entitled through tax
supported | ||||||
20 | or privately financed systems of insurance, as a
result of his | ||||||
21 | or her care or treatment in the facilities provided by the
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22 | Department, or because of care or treatment in other facilities
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23 | when such care or treatment has been paid for by the | ||||||
24 | Department.
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25 | Admission of a resident is not limited or conditioned in | ||||||
26 | any manner
by the financial status of the resident or his or |
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1 | her ability to pay
maintenance charges.
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2 | The Department may accept and hold on behalf of the State, | ||||||
3 | if for the
public interest, a grant, gift, devise, or bequest | ||||||
4 | of money or property to
the Department made in trust for the | ||||||
5 | maintenance or support of a resident
of an Illinois Veterans | ||||||
6 | Home or for any other legitimate purpose. The Department shall | ||||||
7 | cause each gift, grant,
devise, or bequest to be kept as a | ||||||
8 | distinct fund and shall invest the same
in the manner provided | ||||||
9 | by the laws of this State relating to securities in
which the | ||||||
10 | deposit in savings banks may be invested. However, the
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11 | Department may, at its discretion, deposit in a proper trust | ||||||
12 | company, bank,
or savings bank, during the continuance of the | ||||||
13 | trust, any fund left in
trust for the life of a person and | ||||||
14 | shall adopt rules and regulations
governing the deposit, | ||||||
15 | transfer, or withdrawal of the fund. The Department
shall, on | ||||||
16 | the expiration of any trust as provided in any instrument
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17 | creating the trust, dispose of the fund in the manner
provided | ||||||
18 | in the instrument. The Department shall include in its required
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19 | reports a statement showing what funds are so held by it and | ||||||
20 | the condition
of the funds; provided that monies found on | ||||||
21 | residents at the time of their
admission or accruing to them | ||||||
22 | during their residence at a Home and monies
deposited with the | ||||||
23 | administrators by relatives, guardians, or friends of
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24 | residents for the special comfort and pleasure of the resident | ||||||
25 | shall
remain in the custody of the administrators who shall act | ||||||
26 | as trustees for
disbursement to, on behalf of, or for the |
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1 | benefit of the resident. All
types of retirement and pension | ||||||
2 | benefits from private and public sources
may be paid directly | ||||||
3 | to the administrator of a Home for deposit to
the resident | ||||||
4 | trust fund account.
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5 | (Source: P.A. 96-95, eff. 1-1-10; 96-100, eff. 1-1-10.)
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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, and (iv) the Quincy Veterans Home
Fund.
All moneys | ||||||
11 | received by an Illinois Veterans Home from Medicare and from
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12 | maintenance charges to veterans, spouses, and surviving | ||||||
13 | spouses residing at
that Home shall be paid into that Home's | ||||||
14 | Fund. All moneys
received from the
U.S. Department of Veterans | ||||||
15 | Affairs for patient care shall be transmitted to
the Treasurer | ||||||
16 | of the State for deposit in the Veterans Home Fund for the Home
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17 | in which the veteran resides. Appropriations shall be made from | ||||||
18 | a Fund only
for the needs of the Home, including capital | ||||||
19 | improvements, building
rehabilitation, and repairs. The | ||||||
20 | Illinois Veterans' Homes Fund shall be the Veterans Home Fund | ||||||
21 | for the Illinois Veterans Home at Chicago.
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22 | The administrator of each Veterans Home shall establish a
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23 | locally-held
member's benefits fund. The Director may | ||||||
24 | authorize the Veterans Home to conduct limited fundraising in | ||||||
25 | accordance with applicable laws and regulations for which the |
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1 | sole purpose is to benefit the Veterans Home's member's | ||||||
2 | benefits fund. Revenues accruing to an Illinois Veterans Home,
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3 | including any donations, grants for the operation of the Home, | ||||||
4 | profits from
commissary stores, and funds received from any | ||||||
5 | individual or other source, including limited fundraising,
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6 | shall be deposited into that Home's benefits fund. Expenditures | ||||||
7 | from the benefits funds
shall
be solely for the special | ||||||
8 | comfort, pleasure, and amusement of residents.
Contributors of | ||||||
9 | unsolicited private donations may specify the purpose for which
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10 | the private donations are to be used.
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11 | Upon request of the Department, the State's Attorney of the | ||||||
12 | county in which
a resident or living former resident of an | ||||||
13 | Illinois Veterans Home
who is liable under this Act
for payment | ||||||
14 | of sums representing maintenance charges resides shall file
an | ||||||
15 | action in a court of competent jurisdiction against any such | ||||||
16 | person who
fails or refuses to pay such sums. The court may | ||||||
17 | order the payment of sums
due to maintenance charges for such | ||||||
18 | period or periods of time as the
circumstances require.
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19 | Upon the death of a person who is or has been a resident of | ||||||
20 | an
Illinois Veterans Home who is
liable for maintenance charges | ||||||
21 | and who is possessed of property, the
Department may present a | ||||||
22 | claim for such sum or for the balance due in
case less than the | ||||||
23 | rate prescribed under this Act has been paid. The
claim shall | ||||||
24 | be allowed and paid as other lawful claims against the estate.
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25 | The administrator of each Veterans Home shall establish a
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26 | locally-held
trust fund to maintain moneys held for residents. |
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1 | Whenever the Department
finds it necessary to preserve order,
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2 | preserve health, or enforce discipline, the resident shall | ||||||
3 | deposit in a
trust account at the Home such monies from any | ||||||
4 | source of income as may
be determined necessary, and | ||||||
5 | disbursement of these funds to the resident
shall be made only | ||||||
6 | by direction of the administrator.
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7 | If a resident of an Illinois Veterans Home has a
dependent | ||||||
8 | child, spouse, or parent the administrator may
require that all | ||||||
9 | monies
received be deposited in a trust account with dependency | ||||||
10 | contributions
being made at the direction of the administrator. | ||||||
11 | The balance retained
in the trust account shall be disbursed to | ||||||
12 | the resident at the time of
discharge from the Home or to his | ||||||
13 | or her heirs or legal representative
at the time of the | ||||||
14 | resident's death, subject to Department regulations
or order of | ||||||
15 | the court.
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16 | The Director of Central Management Services, with the
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17 | consent of the Director of Veterans' Affairs, is authorized
and | ||||||
18 | empowered to lease or let any real property held by the | ||||||
19 | Department of
Veterans' Affairs for an Illinois Veterans Home | ||||||
20 | to entities or
persons upon terms and conditions which are | ||||||
21 | considered to be in the best
interest of that Home. The real | ||||||
22 | property must not be needed for any direct
or immediate purpose | ||||||
23 | of the Home. In any leasing or letting, primary
consideration | ||||||
24 | shall be given to the use of real property for agricultural
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25 | purposes, and all moneys received shall be transmitted to the | ||||||
26 | Treasurer of
the State for deposit in the appropriate Veterans |
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1 | Home Fund.
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2 | (Source: P.A. 99-314, eff. 8-7-15.)
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3 | Section 10. The Illinois Library System Act is amended by | ||||||
4 | changing Section 8.6 as follows:
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5 | (75 ILCS 10/8.6)
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6 | Sec. 8.6. Illinois Veterans Veteran's Home Libraries.
The | ||||||
7 | State Librarian shall distribute annual grants for initiatives | ||||||
8 | of library
development and services within Illinois Veterans | ||||||
9 | Veteran's Home libraries located in
Quincy, Manteno, LaSalle, | ||||||
10 | Chicago, and Anna upon the approval by the State Librarian of
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11 | application from libraries. Grants made under this Section | ||||||
12 | shall be made only
from the Secretary of State Special License | ||||||
13 | Plate Fund. The State Librarian
shall establish the criteria | ||||||
14 | for awarding the grants by rule.
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15 | (Source: P.A. 89-697, eff. 1-6-97.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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