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Public Act 102-0549
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| SB2250 Enrolled | LRB102 15358 RAM 20718 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Veterans' Affairs Act is |
amended by changing Sections 2.01a and 2.04 as follows:
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(20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
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Sec. 2.01a. Members benefits fund; personal property. The
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Department
shall direct the expenditure of all money which
has |
been or may be received by any officer of an Illinois Veterans |
Home
including profit on sales from commissary stores. The |
money shall be deposited
into the members benefits fund and |
expenditures from the fund
shall be made
under the direction |
of the Department for the special comfort, pleasure, and
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amusement of residents and employees, provided that amounts |
expended for
comfort, pleasure,
and amusement of employees |
shall not exceed the amount of profits derived from
sales made |
to employees by such commissaries, as determined by the |
Department. The Department may also make expenditures from the |
fund, subject to approval by the Director of Veterans' |
Affairs, for recognition and appreciation programs for |
volunteers who assist the Veterans Homes.
Expenditures from |
the fund may not be used to supplement a
shortfall in the |
ordinary and contingent operating expenses of the Home and
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shall be expended only for the special comfort, pleasure, and |
amusement of the
residents.
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The Department shall prepare a quarterly report on all |
locally-held
member's benefits funds from each Illinois |
Veterans Home. The report shall contain the amount of |
donations received for each veterans' home, including monetary |
and nonmonetary items, the expenditures and items dispersed, |
and the end of quarter balance of the locally-held
member's |
benefits funds. The Department shall submit the quarterly |
report to the General Assembly and to the Governor and publish |
the report on its website. |
Money received as interest and income on funds deposited |
for residents
of an Illinois Veterans Home shall be paid to the |
individual accounts of the residents.
If home residents choose |
to hold savings accounts or other
investments outside the |
Home, interest or income on the individual savings
accounts or |
investments of residents shall
accrue
to the individual |
accounts of the residents.
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Any money belonging to residents separated by death, |
discharge, or
unauthorized absence from an Illinois Veterans |
Home, in custody of officers
thereof, may, if unclaimed by the |
resident or the legal
representatives thereof for a period of |
2 years, be expended at the
direction of the Department for the |
purposes and in the manner specified
above. Articles of |
personal property, with the exception of clothing left
in the |
custody of officers, shall, if unclaimed for the period of
2 |
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years, be sold and the money disposed of in the same manner.
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Clothing left at a Home by residents at the time of |
separation
may be used as determined by the Home if unclaimed |
by the resident
or legal representatives thereof within 30 |
days after notification.
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(Source: P.A. 100-889, eff. 1-1-19.)
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(20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
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Sec. 2.04.
There shall be established in the State |
Treasury special funds
known as (i) the LaSalle Veterans Home |
Fund, (ii) the Anna Veterans Home Fund,
(iii) the Manteno |
Veterans Home Fund, and (iv) the Quincy Veterans Home
Fund.
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All moneys received by an Illinois Veterans Home from Medicare |
and from
maintenance charges to veterans, spouses, and |
surviving spouses residing at
that Home shall be paid into |
that Home's Fund. All moneys
received from the
U.S. Department |
of Veterans Affairs for patient care shall be transmitted to
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the Treasurer of the State for deposit in the Veterans Home |
Fund for the Home
in which the veteran resides. Appropriations |
shall be made from a Fund only
for the needs of the Home, |
including capital improvements, building
rehabilitation, and |
repairs. The Illinois Veterans' Homes Fund shall be the |
Veterans Home Fund for the Illinois Veterans Home at Chicago.
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The administrator of each Veterans Home shall establish a
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locally-held
member's benefits fund. The Director may |
authorize the Veterans Home to conduct limited fundraising in |
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accordance with applicable laws and regulations for which the |
sole purpose is to benefit the Veterans Home's member's |
benefits fund. Revenues accruing to an Illinois Veterans Home,
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including any donations, grants for the operation of the Home, |
profits from
commissary stores, and funds received from any |
individual or other source, including limited fundraising,
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shall be deposited into that Home's benefits fund. |
Expenditures from the benefits funds
shall
be solely for the |
special comfort, pleasure, and amusement of residents.
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Contributors of unsolicited private donations may specify the |
purpose for which
the private donations are to be used.
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Upon request of the Department, the State's Attorney of |
the county in which
a resident or living former resident of an |
Illinois Veterans Home
who is liable under this Act
for |
payment of sums representing maintenance charges resides shall |
file
an action in a court of competent jurisdiction against |
any such person who
fails or refuses to pay such sums. The |
court may order the payment of sums
due to maintenance charges |
for such period or periods of time as the
circumstances |
require.
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Upon the death of a person who is or has been a resident of |
an
Illinois Veterans Home who is
liable for maintenance |
charges and who is possessed of property, the
Department may |
present a claim for such sum or for the balance due in
case |
less than the rate prescribed under this Act has been paid. The
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claim shall be allowed and paid as other lawful claims against |
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the estate.
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The administrator of each Veterans Home shall establish a
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locally-held
trust fund to maintain moneys held for residents. |
Whenever the Department
finds it necessary to preserve order,
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preserve health, or enforce discipline, the resident shall |
deposit in a
trust account at the Home such monies from any |
source of income as may
be determined necessary, and |
disbursement of these funds to the resident
shall be made only |
by direction of the administrator.
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If a resident of an Illinois Veterans Home has a
dependent |
child, spouse, or parent the administrator may
require that |
all monies
received be deposited in a trust account with |
dependency contributions
being made at the direction of the |
administrator. The balance retained
in the trust account shall |
be disbursed to the resident at the time of
discharge from the |
Home or to his or her heirs or legal representative
at the time |
of the resident's death, subject to Department regulations
or |
order of the court.
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The Director of Central Management Services, with the
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consent of the Director of Veterans' Affairs, is authorized
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and empowered to lease or let any real property held by the |
Department of
Veterans' Affairs for an Illinois Veterans Home |
to entities or
persons upon terms and conditions which are |
considered to be in the best
interest of that Home. The real |
property must not be needed for any direct
or immediate |
purpose of the Home. In any leasing or letting, primary
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consideration shall be given to the use of real property for |
agricultural
purposes, and all moneys received shall be |
transmitted to the Treasurer of
the State for deposit in the |
appropriate Veterans Home Fund. |
Each administrator of an Illinois Veterans Home who has an |
established locally-held
member's benefits fund shall prepare |
and submit to the Department a monthly report of all donations |
received, including donations of a nonmonetary nature. The |
report shall include the end of month balance of the |
locally-held
member's benefits fund.
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(Source: P.A. 99-314, eff. 8-7-15; 100-392, eff. 8-25-17.)
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