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92_HB4712 LRB9211948AGcs 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 Section 2.04 as follows: 6 (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04) 7 Sec. 2.04. Veterans home moneys. There shall be 8 established in the State Treasury special funds known as (i) 9 the LaSalle Veterans Home Fund, (ii) the Anna Veterans Home 10 Fund, (iii) the Manteno Veterans Home Fund, (iv) the Quincy 11 Veterans Home Fund, and (v) the John Joseph Kelly Home Fund. 12 All moneys received by an Illinois Veterans Home from 13 Medicare and from maintenance charges to veterans, spouses, 14 and surviving spouses residing at that Home shall be paid 15 into that Home's Fund. All moneys received from the U.S. 16 Department of Veterans Affairs for patient care shall be 17 transmitted to the Treasurer of the State for deposit in the 18 Veterans Home Fund for the Home in which the veteran resides. 19 Appropriations shall be made from a Fund only for the needs 20 of the Home, including capital improvements, building 21 rehabilitation, and repairs. 22 The administrator of each Veteran's Home shall establish 23 a locally-held member's benefits fund. Revenues accruing to 24 an Illinois Veterans Home, including any donations, grants 25 for the operation of the Home, interest on residents' trust 26 fund accounts established under this Section, profits from 27 commissary stores, and funds received from any individual or 28 other source, shall be deposited into that Home's benefit 29 fund. Interest on residents' trust fund accounts shall be 30 transferred at least semi-annually to the benefits fund. 31 Expenditures from the benefit funds shall be solely for the -2- LRB9211948AGcs 1 special comfort, pleasure, and amusement of residents. 2 Contributors of unsolicited private donations may specify the 3 purpose for which the private donations are to be used. 4 Upon request of the Department, the State's Attorney of 5 the county in which a resident or living former resident of 6 an Illinois Veterans Home who is liable under this Act for 7 payment of sums representing maintenance charges resides 8 shall file an action in a court of competent jurisdiction 9 against any such person who fails or refuses to pay such 10 sums. The court may order the payment of sums due to 11 maintenance charges for such period or periods of time as the 12 circumstances require. 13 Upon the death of a person who is or has been a resident 14 of an Illinois Veterans Home who is liable for maintenance 15 charges and who is possessed of property, the Department may 16 present a claim for such sum or for the balance due in case 17 less than the rate prescribed under this Act has been paid. 18 The claim shall be allowed and paid as other lawful claims 19 against the estate. 20 The administrator of each Veteran's Home shall establish 21 a locally-held trust fund to maintain moneys held for 22 residents. Whenever the Department finds it necessary to 23 preserve order, preserve health, or enforce discipline, the 24 resident shall deposit in a trust account at the Home such 25 monies from any source of income as may be determined 26 necessary, and disbursement of these funds to the resident 27 shall be made only by direction of the administrator. 28 If a resident of an Illinois Veterans Home has a 29 dependent child, spouse, or parent the administrator may 30 require that all monies received be deposited in a trust 31 account with dependency contributions being made at the 32 direction of the administrator. The balance retained in the 33 trust account shall be disbursed to the resident at the time 34 of discharge from the Home or to his or her heirs or legal -3- LRB9211948AGcs 1 representative at the time of the resident's death, subject 2 to Department regulations or order of the court. 3 The Director of Central Management Services, with the 4 consent of the Director of Veterans' Affairs, is authorized 5 and empowered to lease or let any real property held by the 6 Department of Veterans' Affairs for an Illinois Veterans Home 7 to entities or persons upon terms and conditions which are 8 considered to be in the best interest of that Home. The real 9 property must not be needed for any direct or immediate 10 purpose of the Home. In any leasing or letting, primary 11 consideration shall be given to the use of real property for 12 agricultural purposes, and all moneys received shall be 13 transmitted to the Treasurer of the State for deposit in the 14 appropriate Veterans Home Fund. 15 (Source: P.A. 91-634, eff. 8-19-99.)