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Public Act 92-0671
HB4454 Enrolled LRB9211863BDdvB
AN ACT concerning veterans.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Veterans Affairs Act is
amended by changing Sections 2.01a and 2.04 as follows:
(20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
Sec. 2.01a. Members benefits benefit fund; personal
property. The 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 benefit fund and expenditures from the fund
shall be made under the direction of the Department for the
special comfort, pleasure, and 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.
Expenditures from the fund may not be used to supplement a
shortfall in the ordinary and contingent operating expenses
of the Home and shall be expended only for the special
comfort, pleasure, and amusement of the residents.
Money received as interest and income on funds deposited
for residents of an Illinois Veterans Home operated by the
Department of Veterans' Affairs shall be paid to the
individual accounts of the residents placed in the members
benefit fund and expenditures from the fund may not be used
to supplement a shortfall in the ordinary and contingent
operating expenses of the Home and shall be expended only for
the special comfort, pleasure, and amusement 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 not be so expended, but shall accrue to the individual
accounts of the residents.
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 years, be sold and the money disposed of
in the same manner.
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.
(Source: P.A. 89-324, eff. 8-13-95; 90-168, eff. 7-23-97;
90-752, eff. 8-14-98.)
(20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
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, (iv) the Quincy Veterans Home Fund, and
(v) the John Joseph Kelly Home Fund. 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 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 administrator of each Veterans Veteran's Home shall
establish a locally-held member's benefits fund. Revenues
accruing to an Illinois Veterans Home, including any
donations, grants for the operation of the Home, interest on
residents' trust fund accounts established under this
Section, profits from commissary stores, and funds received
from any individual or other source, shall be deposited into
that Home's benefits benefit fund. Interest on residents'
trust fund accounts shall be transferred at least
semi-annually to the benefits fund. Expenditures from the
benefits benefit funds shall be solely for the special
comfort, pleasure, and amusement of residents. Contributors
of unsolicited private donations may specify the purpose for
which the private donations are to be used.
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.
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 claim shall be allowed and paid as other lawful claims
against the estate.
The administrator of each Veterans Veteran's Home shall
establish a locally-held trust fund to maintain moneys held
for residents. Whenever the Department finds it necessary to
preserve order, 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.
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.
The Director of Central Management Services, with the
consent of the Director of Veterans' Affairs, is authorized
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
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.
(Source: P.A. 91-634, eff. 8-19-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective July 16, 2002.
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