Sen. John G. Mulroe
Filed: 4/4/2017
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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 2.01 and 2.04 and by adding | ||||||
6 | Section 2.01b as follows:
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7 | (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)
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8 | Sec. 2.01. Veterans Home admissions.
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9 | (a) Any honorably discharged veteran
is entitled to | ||||||
10 | admission to an Illinois
Veterans Home if the applicant meets | ||||||
11 | the requirements of this Section.
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12 | (b)
The veteran must: | ||||||
13 | (1) have served in the armed forces of the United | ||||||
14 | States at least
1 day in World War II, the Korean
Conflict, | ||||||
15 | the Viet Nam Campaign, or the Persian Gulf Conflict
between | ||||||
16 | the dates recognized by the U.S. Department of Veterans |
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1 | Affairs or
between any other present or future dates | ||||||
2 | recognized by the U.S. Department of
Veterans Affairs as a | ||||||
3 | war period, or have served in a hostile fire
environment | ||||||
4 | and has been awarded a campaign or expeditionary medal
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5 | signifying his or her service,
for purposes of eligibility | ||||||
6 | for domiciliary or
nursing home care; | ||||||
7 | (2) have served and been honorably discharged or | ||||||
8 | retired from the armed forces of the United States for a | ||||||
9 | service connected disability or injury, for purposes of | ||||||
10 | eligibility for domiciliary or
nursing home care; | ||||||
11 | (3) have served as an enlisted person at least 90 days | ||||||
12 | on active duty in the armed forces of the United States, | ||||||
13 | excluding service on active duty for training purposes | ||||||
14 | only, and entered active duty before September 8, 1980, for | ||||||
15 | purposes of eligibility for domiciliary or
nursing home | ||||||
16 | care; | ||||||
17 | (4) have served as an officer at least 90 days on | ||||||
18 | active duty in the armed forces of the United States, | ||||||
19 | excluding service on active duty for training purposes | ||||||
20 | only, and entered active duty before October 17, 1981, for | ||||||
21 | purposes of eligibility for domiciliary or
nursing home | ||||||
22 | care; | ||||||
23 | (5) have served on active duty in the armed forces of | ||||||
24 | the United States for 24 months of continuous service or | ||||||
25 | more, excluding active duty for training purposes only, and | ||||||
26 | enlisted after September 7, 1980, for purposes of |
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1 | eligibility for domiciliary or
nursing home care; | ||||||
2 | (6) have served as a reservist in the armed forces of | ||||||
3 | the United States or the National Guard and the service | ||||||
4 | included being called to federal active duty, excluding | ||||||
5 | service on active duty for training purposes only, and who | ||||||
6 | completed the term,
for purposes of eligibility for | ||||||
7 | domiciliary or nursing home care;
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8 | (7) have been discharged for reasons of hardship or | ||||||
9 | released from active duty due to a reduction in the United | ||||||
10 | States armed forces prior to the completion of the required | ||||||
11 | period of service, regardless of the actual time served, | ||||||
12 | for purposes of eligibility for domiciliary or nursing home | ||||||
13 | care; or
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14 | (8) have served in the National Guard or Reserve Forces | ||||||
15 | of the
United States and completed 20 years of satisfactory | ||||||
16 | service, be
otherwise eligible to receive reserve or active | ||||||
17 | duty retirement
benefits, and have been an Illinois | ||||||
18 | resident for at least one year
before applying for | ||||||
19 | admission for purposes of eligibility
for domiciliary care | ||||||
20 | only.
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21 | (c) The veteran must have service accredited to the State | ||||||
22 | of Illinois or
have been a resident of this State for one year | ||||||
23 | immediately
preceding the date of application.
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24 | (d) For admission to the Illinois Veterans Homes at Anna | ||||||
25 | and
Quincy, the veteran must have developed a disability by | ||||||
26 | disease, wounds, or otherwise and because
of the disability be |
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1 | incapable of earning a living.
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2 | (e) For admission to the Illinois Veterans Homes at | ||||||
3 | Chicago, LaSalle , and Manteno,
the veteran must have developed | ||||||
4 | a disability by disease, wounds, or otherwise and, for purposes | ||||||
5 | of eligibility
for nursing home care, require nursing care | ||||||
6 | because of the disability. | ||||||
7 | (f) An individual who served during a time of conflict as | ||||||
8 | set forth in paragraph (1) of subsection (b) of this Section | ||||||
9 | has preference over all other qualifying candidates, for | ||||||
10 | purposes of eligibility for domiciliary or
nursing home care at | ||||||
11 | any Illinois Veterans Home.
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12 | (g) A veteran or spouse, once admitted to an Illinois | ||||||
13 | Veterans Home facility, is considered a resident for | ||||||
14 | interfacility purposes. | ||||||
15 | (Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15; | ||||||
16 | 99-642, eff. 7-28-16.)
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17 | (20 ILCS 2805/2.01b new) | ||||||
18 | Sec. 2.01b. Illinois Veterans Home at Chicago. The Illinois | ||||||
19 | Veterans Home at Chicago is established. The Department shall | ||||||
20 | operate and maintain the Illinois Veterans Home at Chicago.
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21 | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
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22 | Sec. 2.04.
There shall be established in the State Treasury | ||||||
23 | special funds
known as (i) the LaSalle Veterans Home Fund, (ii) | ||||||
24 | the Anna Veterans Home Fund,
(iii) the Manteno Veterans Home |
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1 | Fund, and (iv) the Quincy Veterans Home
Fund , and (v) the | ||||||
2 | Chicago Veterans Home Fund .
All moneys received by an Illinois | ||||||
3 | Veterans Home from Medicare and from
maintenance charges to | ||||||
4 | veterans, spouses, and surviving spouses residing at
that Home | ||||||
5 | shall be paid into that Home's Fund. All moneys
received from | ||||||
6 | the
U.S. Department of Veterans Affairs for patient care shall | ||||||
7 | be transmitted to
the Treasurer of the State for deposit in the | ||||||
8 | Veterans Home Fund for the Home
in which the veteran resides. | ||||||
9 | Appropriations shall be made from a Fund only
for the needs of | ||||||
10 | the Home, including capital improvements, building
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11 | rehabilitation, and repairs. The Chicago Veterans Home Fund | ||||||
12 | shall be the Veterans Home Fund for the Illinois Veterans Home | ||||||
13 | at Chicago.
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14 | The administrator of each Veterans Home shall establish a
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15 | locally-held
member's benefits fund. The Director may | ||||||
16 | authorize the Veterans Home to conduct limited fundraising in | ||||||
17 | accordance with applicable laws and regulations for which the | ||||||
18 | sole purpose is to benefit the Veterans Home's member's | ||||||
19 | benefits fund. Revenues accruing to an Illinois Veterans Home,
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20 | including any donations, grants for the operation of the Home, | ||||||
21 | profits from
commissary stores, and funds received from any | ||||||
22 | individual or other source, including limited fundraising,
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23 | shall be deposited into that Home's benefits fund. Expenditures | ||||||
24 | from the benefits funds
shall
be solely for the special | ||||||
25 | comfort, pleasure, and amusement of residents.
Contributors of | ||||||
26 | unsolicited private donations may specify the purpose for which
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1 | the private donations are to be used.
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2 | Upon request of the Department, the State's Attorney of the | ||||||
3 | county in which
a resident or living former resident of an | ||||||
4 | Illinois Veterans Home
who is liable under this Act
for payment | ||||||
5 | of sums representing maintenance charges resides shall file
an | ||||||
6 | action in a court of competent jurisdiction against any such | ||||||
7 | person who
fails or refuses to pay such sums. The court may | ||||||
8 | order the payment of sums
due to maintenance charges for such | ||||||
9 | period or periods of time as the
circumstances require.
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10 | Upon the death of a person who is or has been a resident of | ||||||
11 | an
Illinois Veterans Home who is
liable for maintenance charges | ||||||
12 | and who is possessed of property, the
Department may present a | ||||||
13 | claim for such sum or for the balance due in
case less than the | ||||||
14 | rate prescribed under this Act has been paid. The
claim shall | ||||||
15 | be allowed and paid as other lawful claims against the estate.
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16 | The administrator of each Veterans Home shall establish a
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17 | locally-held
trust fund to maintain moneys held for residents. | ||||||
18 | Whenever the Department
finds it necessary to preserve order,
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19 | preserve health, or enforce discipline, the resident shall | ||||||
20 | deposit in a
trust account at the Home such monies from any | ||||||
21 | source of income as may
be determined necessary, and | ||||||
22 | disbursement of these funds to the resident
shall be made only | ||||||
23 | by direction of the administrator.
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24 | If a resident of an Illinois Veterans Home has a
dependent | ||||||
25 | child, spouse, or parent the administrator may
require that all | ||||||
26 | monies
received be deposited in a trust account with dependency |
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1 | contributions
being made at the direction of the administrator. | ||||||
2 | The balance retained
in the trust account shall be disbursed to | ||||||
3 | the resident at the time of
discharge from the Home or to his | ||||||
4 | or her heirs or legal representative
at the time of the | ||||||
5 | resident's death, subject to Department regulations
or order of | ||||||
6 | the court.
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7 | The Director of Central Management Services, with the
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8 | consent of the Director of Veterans' Affairs, is authorized
and | ||||||
9 | empowered to lease or let any real property held by the | ||||||
10 | Department of
Veterans' Affairs for an Illinois Veterans Home | ||||||
11 | to entities or
persons upon terms and conditions which are | ||||||
12 | considered to be in the best
interest of that Home. The real | ||||||
13 | property must not be needed for any direct
or immediate purpose | ||||||
14 | of the Home. In any leasing or letting, primary
consideration | ||||||
15 | shall be given to the use of real property for agricultural
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16 | purposes, and all moneys received shall be transmitted to the | ||||||
17 | Treasurer of
the State for deposit in the appropriate Veterans | ||||||
18 | Home Fund.
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19 | (Source: P.A. 99-314, eff. 8-7-15.)
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20 | Section 10. The State Finance Act is amended by adding | ||||||
21 | Section 5.878 as follows: | ||||||
22 | (30 ILCS 105/5.878 new) | ||||||
23 | Sec. 5.878. The Chicago Veterans Home Fund. |
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1 | Section 15. The Illinois Library System Act is amended by | ||||||
2 | changing Section 8.6 as follows:
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3 | (75 ILCS 10/8.6)
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4 | Sec. 8.6. Illinois Veteran's Home Libraries.
The State | ||||||
5 | Librarian shall distribute annual grants for initiatives of | ||||||
6 | library
development and services within Illinois Veteran's | ||||||
7 | Home libraries located in
Quincy, Manteno, LaSalle, Chicago, | ||||||
8 | and Anna upon the approval by the State Librarian of
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9 | application from libraries. Grants made under this Section | ||||||
10 | shall be made only
from the Secretary of State Special License | ||||||
11 | Plate Fund. The State Librarian
shall establish the criteria | ||||||
12 | for awarding the grants by rule.
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13 | (Source: P.A. 89-697, eff. 1-6-97.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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