Public Act 097-0297
 
HB1445 EnrolledLRB097 06017 KTG 46088 b


  
    AN ACT concerning State government.
  
 
    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 1.2, 2, 2.01, 2.04, 2.07, and 7 as 
follows:
 
    (20 ILCS 2805/1.2)
    Sec. 1.2. Division of Women Veterans Affairs. Subject to 
appropriations for this purpose, the The Division of Women 
Veterans Affairs is created as a Division within the 
Department. The head of the Division shall serve as an 
Assistant Director of Veterans' Affairs. The Division shall 
serve as an advocate for women veterans, in recognition of the 
unique issues facing women veterans. The Division shall assess 
the needs of women veterans with respect to issues including, 
but not limited to, compensation, rehabilitation, outreach, 
health care, and issues facing women veterans in the community. 
The Division shall review the Department's programs, 
activities, research projects, and other initiatives designed 
to meet the needs of women veterans and shall make 
recommendations to the Director of Veterans' Affairs 
concerning ways to improve, modify, and effect change in 
programs and services for women veterans.

(Source: P.A. 96-94, eff. 7-27-09.)
 



    (20 ILCS 2805/2)  (from Ch. 126 1/2, par. 67)


    Sec. 2. Powers and duties. The Department shall have the 
following
powers and duties:

    To perform such acts at the request of any veteran, or his 
or her spouse,
surviving spouse or dependents as shall be 
reasonably necessary
or reasonably incident to obtaining or 
endeavoring to obtain for the requester
any advantage, benefit 
or emolument accruing or due to such person under
any law of 
the United States, the State of Illinois or any other state or

governmental agency by reason of the service of such veteran, 
and in pursuance
thereof shall:


        (1) Contact veterans, their survivors and dependents 
    and advise them of
the benefits of state and federal laws 
    and assist them in obtaining such
benefits;


        (2) Establish field offices and direct the activities 
    of the personnel
assigned to such offices;


        (3) Create a volunteer field force of accredited 
    representatives,
representing educational institutions, 
    labor organizations, veterans
organizations, employers, 
    churches, and farm organizations;


        (4) Conduct informational and training services;


        (5) Conduct educational programs through newspapers, 
    periodicals and radio
for the specific purpose of 
    disseminating information affecting veterans
and their 
    dependents;


        (6) Coordinate the services and activities of all state 
    departments having
services and resources affecting 
    veterans and their dependents;


        (7) Encourage and assist in the coordination of 
    agencies within counties
giving service to veterans and 
    their dependents;


        (8) Cooperate with veterans organizations and other 
    governmental agencies;


        (9) Make, alter, amend and promulgate reasonable rules 
    and procedures for
the administration of this Act;


        (10) Make and publish annual reports to the Governor 
    regarding the
administration and general operation of the 
    Department;


        (11) (Blank) Encourage the State to implement more 
    programs to address the wide
range of issues faced by 
    Persian Gulf War Veterans, especially those who took
part 
    in combat, by creating an official commission to further 
    study Persian
Gulf War Diseases.
The commission shall 
    consist of 9 members appointed as follows:  the Speaker
and 
    Minority Leader of the House of Representatives and the 
    President and
Minority Leader of the Senate shall each 
    appoint one member from the General
Assembly, the
Governor 
    shall appoint 4 members to represent veterans' 
    organizations, and the
Department shall appoint one 
    member.  The commission members shall serve
without 
    compensation; and
        (12) Conduct an annual review of the benefits received
    
    by Illinois veterans that compares benefits received by 
    Illinois
    veterans with the benefits received by veterans in 
    all other
  states and U.S. territories.  The required annual 
    review shall include,
  but not be limited to, (1) the 
    average benefit paid to individual
  veterans from Illinois, 
    in direct comparison to the average benefit
  paid to 
    individual veterans of each of the other states and U.S.
  
    territories; (2) the number of veterans receiving benefits 
    in Illinois
  for the first time during the year compared to 
    the number of claims
  filed by Illinois veterans during the 
    year; (3) the aggregate number
  of Illinois veterans 
    receiving benefits compared to the number
  of veterans from 
    each of the other states and U.S. territories
  receiving 
    benefits; and (4) a categorical analysis of the types
  of 
    injuries and disabilities for which benefits are being paid
    
    in Illinois and each of the other states and U.S. 
    territories.
    The benefits review shall be reported to the 
    Governor, the
    General Assembly, and the Illinois 
    Congressional delegation upon
  the completion of the report 
    each year.

    The Department may accept and hold on behalf of the State, 
if for the
public interest, a grant, gift, devise or bequest of 
money or property to
the Department made for the general 
benefit of Illinois veterans,
including the conduct of 
informational and training services by the Department
and other 
authorized purposes of the Department.  The Department shall 
cause
each grant, gift, devise or bequest to be kept as a 
distinct fund and shall
invest such funds in the manner 
provided by the Public Funds Investment Act, as
now or 
hereafter amended, and shall make such reports as may
be 
required by the Comptroller concerning what funds are so held 
and
the manner in which such funds are invested.
The Department 
may make grants from these funds for the general benefit of

Illinois veterans.  Grants from these funds, except for the 
funds established
under Sections 2.01a and 2.03, shall be 
subject to appropriation.

    The Department has the power to make grants, from funds 
appropriated from
the
Korean War Veterans National Museum and 
Library Fund, to private organizations
for the benefit of the 
Korean War Veterans National Museum and Library.

    The Department has the power to make grants, from funds 
appropriated from the Illinois Military Family Relief Fund, for 
benefits authorized under the Survivors Compensation Act.

(Source: P.A. 93-839, eff. 7-30-04; 94-167, eff. 1-1-06.)

 



    (20 ILCS 2805/2.01)  (from Ch. 126 1/2, par. 67.01)



    Sec. 2.01. Veterans Home admissions.

    (a) Any honorably discharged veteran
is entitled to 
admission to an Illinois
Veterans Home if the applicant meets 
the requirements of this Section.

    (b)

The veteran must:
        (1) have served in the armed forces of the United 
    States at least
1 day in World War II, the Korean
Conflict, 
    the Viet Nam Campaign, or the Persian Gulf Conflict
between 
    the dates recognized by the U.S. Department of Veterans 
    Affairs or
between any other present or future dates 
    recognized by the U.S. Department of
Veterans Affairs as a 
    war period, or have served in a hostile fire
environment 
    and has been awarded a campaign or expeditionary medal

    signifying his or her service,
for purposes of eligibility 
    for domiciliary or
nursing home care;
        (2) have served and been honorably discharged or 
    retired from the armed forces of the United States for a 
    service connected disability or injury, for purposes of 
    eligibility for domiciliary or
nursing home care;
        (3) have served as an enlisted person at least 90 days 
    on active duty in the armed forces of the United States, 
    excluding service on active duty for training purposes 
    only, and entered active duty before September 8, 1980, for 
    purposes of eligibility for domiciliary or
nursing home 
    care;
        (4) have served as an officer at least 90 days on 
    active duty in the armed forces of the United States, 
    excluding service on active duty for training purposes 
    only, and entered active duty before October 17, 1981, for 
    purposes of eligibility for domiciliary or
nursing home 
    care;
        (5) have served on active duty in the armed forces of 
    the United States for 24 months of continuous service or 
    more, excluding active duty for training purposes only, and 
    enlisted after September 7, 1980, for purposes of 
    eligibility for domiciliary or
nursing home care;
        (6) have served as a reservist in the armed forces of 
    the United States or the National Guard and the service 
    included being called to federal active duty, excluding 
    service on active duty for training purposes only, and who 
    completed the term,
for purposes of eligibility for 
    domiciliary or nursing home care;

        (7) have been  discharged for reasons of hardship or 
    released from active duty due to a reduction in the United 
    States armed forces prior to the completion of the required 
    period of service, regardless of the actual time served, 
    for purposes of eligibility for domiciliary or nursing home 
    care; or

        (8) have served in the National Guard or Reserve Forces 
    of the
United States and completed 20 years of satisfactory 
    service, be

otherwise eligible to receive reserve or active 
    duty retirement
benefits, and have been an Illinois 
    resident for at least one year
before applying for 
    admission for purposes of eligibility
for domiciliary care 
    only.

    (c) The veteran must have service accredited to the State 
of Illinois or
have been a resident of this State for one year 
immediately
preceding the date of application.

    (d) For admission to the Illinois Veterans Homes at Anna 
and
Quincy, the veteran must be disabled by disease, wounds, or 
otherwise and because
of the disability be incapable of earning 
a living.

    (e) For admission to the Illinois Veterans Homes at LaSalle 
and Manteno
and for admission to the John Joseph Kelly 
Veteran's Home,
the veteran must be disabled by disease, 
wounds, or otherwise and, for purposes of eligibility
for 
nursing home care, require nursing care because of the 
disability.
    (f) An individual who served during a time of conflict as 
set forth in subsection (a)(1) of this Section has preference 
over all other qualifying candidates, for purposes of 
eligibility for domiciliary or
nursing home care at any 
Illinois Veterans Home.


(Source: P.A. 94-588, eff. 8-15-05.)

 



    (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, and (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 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, profits from
commissary stores, and 
funds received from any individual or other source,
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.
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 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; 92-671, eff. 7-16-02.)

 


    (20 ILCS 2805/2.07)  (from Ch. 126 1/2, par. 67.07)


    Sec. 2.07. The Department shall employ and maintain 
sufficient and
qualified staff at the veterans' homes (i) to 
fill all beds, subject to appropriation, and (ii) to
fulfill 
the requirements of this Act.  The Department shall report to

the General Assembly, by January 1 and July 1 of each year, the 
number of
staff employed in providing direct patient care at 
their veterans' homes,
the compliance or noncompliance with 
staffing standards established by the
United States Department 
of Veterans Affairs for
such care, and in the event of

noncompliance with such standards, the number of staff required 
for compliance. For purposes of this Section, a nurse who has a 
license application pending with the State shall not be deemed 
unqualified by the Department if the nurse is in compliance 
with Section 50-15 of the Nurse Practice Act.


    All contracts between the State and outside contractors to 
provide workers
to
staff and service
the Anna
Veterans Home 
shall be canceled in accordance with the terms of those

contracts.  Upon
cancellation, each
worker or staff member shall 
be offered certified employment status under the
Illinois

Personnel Code with the State of Illinois.
To the extent it is 
reasonably practicable, the position offered to each person

shall be at the
same facility and
shall
consist of the same 
duties and hours as previously existed under the
canceled

contract or contracts.

(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07; 
95-876, eff. 8-21-08; 96-699, eff. 8-25-09.)

 
    (20 ILCS 2805/7)
    Sec. 7. Veterans' Memorial Commission. The Veterans' 
Memorial Commission is created within the Department. No later 
than July 1, 2012 the The Commission shall   make recommendations 
to the Governor and the General Assembly on changes to the 
Illinois statutes to help ensure the long term maintenance and 
preservation of  veterans' memorials. gather information on  
memorial preservation and management and advise State and local 
governments and other entities in the creation, custody, care, 
and upkeep of veterans' memorials. The Commission shall conduct 
studies and make reports regarding the various laws and rules 
affecting veteran's memorials to determine whether 
consolidation or other changes in the laws or rules are needed 
to facilitate memorial preservation and to raise awareness of 
issues affecting veterans' memorials.  The Commission shall be 
composed of 13 12 members as follows: 2 members appointed by 
the President of the Senate, 2 members appointed by the 
Minority Leader of the Senate, 2 members appointed by the 
Speaker of the House of Representatives, 2 members appointed by 
the Minority Leader of the House of Representatives, one 
representative of the Department of Veterans Affairs,   and 3 
representatives of  different veterans service organizations 
appointed by the Director of the Department, and one 
representative of the Illinois Historic Preservation Agency. 
Members shall serve 2-year terms, without compensation. This 
Section shall be repealed on July 1, 2012. 

(Source: P.A. 94-448, eff. 8-4-05.)
 

    (20 ILCS 2805/2d rep.)


    (20 ILCS 2805/2e rep.)


    (20 ILCS 2805/2f rep.)


    (20 ILCS 2805/10 rep.)

    (20 ILCS 2805/30 rep.)
    Section 10. The Department of Veterans Affairs Act is 
amended  by repealing Sections 2d, 2e, 2f, 10, and 30.
  
 

    (30 ILCS 105/5.525 rep.)

    Section 15. The State Finance Act is amended  by repealing 
Section 5.525.