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| Public Act 102-0549 | ||||
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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 | ||
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 | ||
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 | ||
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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