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92_HB4454eng HB4454 Engrossed LRB9211863BDdvB 1 AN ACT concerning veterans. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Veterans Affairs Act is 5 amended by changing Sections 2.01a and 2.04 as follows: 6 (20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a) 7 Sec. 2.01a. Members benefitsbenefitfund; personal 8 property. The Department shall direct the expenditure of all 9 money which has been or may be received by any officer of an 10 Illinois Veterans Home including profit on sales from 11 commissary stores. The money shall be deposited into the 12 members benefitsbenefitfund and expenditures from the fund 13 shall be made under the direction of the Department for the 14 special comfort, pleasure, and amusement of residents and 15 employees, provided that amounts expended for comfort, 16 pleasure, and amusement of employees shall not exceed the 17 amount of profits derived from sales made to employees by 18 such commissaries, as determined by the Department. 19 Expenditures from the fund may not be used to supplement a 20 shortfall in the ordinary and contingent operating expenses 21 of the Home and shall be expended only for the special 22 comfort, pleasure, and amusement of the residents. 23 Money received as interest and income on funds deposited 24 for residents of an Illinois Veterans Homeoperated by the25Department of Veterans' Affairsshall be paid to the 26 individual accounts of the residentsplaced in the members27benefit fund and expenditures from the fund may not be used28to supplement a shortfall in the ordinary and contingent29operating expenses of the Home and shall be expended only for30the special comfort, pleasure, and amusement of the31residents. If home residents choose to hold savings accounts HB4454 Engrossed -2- LRB9211863BDdvB 1 or other investments outside the Home, interest or income on 2 the individual savings accounts or investments of residents 3 shallnot be so expended, but shallaccrue to the individual 4 accounts of the residents. 5 Any money belonging to residents separated by death, 6 discharge, or unauthorized absence from an Illinois Veterans 7 Home, in custody of officers thereof, may, if unclaimed by 8 the resident or the legal representatives thereof for a 9 period of 2 years, be expended at the direction of the 10 Department for the purposes and in the manner specified 11 above. Articles of personal property, with the exception of 12 clothing left in the custody of officers, shall, if unclaimed 13 for the period of 2 years, be sold and the money disposed of 14 in the same manner. 15 Clothing left at a Home by residents at the time of 16 separation may be used as determined by the Home if unclaimed 17 by the resident or legal representatives thereof within 30 18 days after notification. 19 (Source: P.A. 89-324, eff. 8-13-95; 90-168, eff. 7-23-97; 20 90-752, eff. 8-14-98.) 21 (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04) 22 Sec. 2.04. There shall be established in the State 23 Treasury special funds known as (i) the LaSalle Veterans Home 24 Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno 25 Veterans Home Fund, (iv) the Quincy Veterans Home Fund, and 26 (v) the John Joseph Kelly Home Fund. All moneys received by 27 an Illinois Veterans Home from Medicare and from maintenance 28 charges to veterans, spouses, and surviving spouses residing 29 at that Home shall be paid into that Home's Fund. All moneys 30 received from the U.S. Department of Veterans Affairs for 31 patient care shall be transmitted to the Treasurer of the 32 State for deposit in the Veterans Home Fund for the Home in 33 which the veteran resides. Appropriations shall be made from HB4454 Engrossed -3- LRB9211863BDdvB 1 a Fund only for the needs of the Home, including capital 2 improvements, building rehabilitation, and repairs. 3 The administrator of each VeteransVeteran'sHome shall 4 establish a locally-held member's benefits fund. Revenues 5 accruing to an Illinois Veterans Home, including any 6 donations, grants for the operation of the Home,interest on7residents' trust fund accounts established under this8Section,profits from commissary stores, and funds received 9 from any individual or other source, shall be deposited into 10 that Home's benefitsbenefitfund.Interest on residents'11trust fund accounts shall be transferred at least12semi-annually to the benefits fund.Expenditures from the 13 benefitsbenefitfunds shall be solely for the special 14 comfort, pleasure, and amusement of residents. Contributors 15 of unsolicited private donations may specify the purpose for 16 which the private donations are to be used. 17 Upon request of the Department, the State's Attorney of 18 the county in which a resident or living former resident of 19 an Illinois Veterans Home who is liable under this Act for 20 payment of sums representing maintenance charges resides 21 shall file an action in a court of competent jurisdiction 22 against any such person who fails or refuses to pay such 23 sums. The court may order the payment of sums due to 24 maintenance charges for such period or periods of time as the 25 circumstances require. 26 Upon the death of a person who is or has been a resident 27 of an Illinois Veterans Home who is liable for maintenance 28 charges and who is possessed of property, the Department may 29 present a claim for such sum or for the balance due in case 30 less than the rate prescribed under this Act has been paid. 31 The claim shall be allowed and paid as other lawful claims 32 against the estate. 33 The administrator of each VeteransVeteran'sHome shall 34 establish a locally-held trust fund to maintain moneys held HB4454 Engrossed -4- LRB9211863BDdvB 1 for residents. Whenever the Department finds it necessary to 2 preserve order, preserve health, or enforce discipline, the 3 resident shall deposit in a trust account at the Home such 4 monies from any source of income as may be determined 5 necessary, and disbursement of these funds to the resident 6 shall be made only by direction of the administrator. 7 If a resident of an Illinois Veterans Home has a 8 dependent child, spouse, or parent the administrator may 9 require that all monies received be deposited in a trust 10 account with dependency contributions being made at the 11 direction of the administrator. The balance retained in the 12 trust account shall be disbursed to the resident at the time 13 of discharge from the Home or to his or her heirs or legal 14 representative at the time of the resident's death, subject 15 to Department regulations or order of the court. 16 The Director of Central Management Services, with the 17 consent of the Director of Veterans' Affairs, is authorized 18 and 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 23 purpose of the Home. In any leasing or letting, primary 24 consideration shall be given to the use of real property for 25 agricultural purposes, and all moneys received shall be 26 transmitted to the Treasurer of the State for deposit in the 27 appropriate Veterans Home Fund. 28 (Source: P.A. 91-634, eff. 8-19-99.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.