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91_SB1207enr SB1207 Enrolled LRB9104041MWgc 1 AN ACT concerning the John Joseph Kelly Veteran's Home, 2 amending named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Department of Veterans Affairs Act is 6 amended by changing Sections 2.01 and 2.04 as follows: 7 (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01) 8 Sec. 2.01. Any honorably discharged veteran is entitled 9 to admission to an Illinois Veterans Home, if the applicant: 10 (a) (1) Has served in the armed forces of the United 11 States at least 1 day in the Spanish American War, World War 12 I, World War II, the Korean Conflict, the Viet Nam Campaign, 13 or the Persian Gulf Conflict between the dates recognized by 14 the U.S. Department of Veterans Affairs or between any other 15 present or future dates recognized by the U.S. Department of 16 Veterans Affairs as a war period for purposes of eligibility 17 for domiciliary or nursing home care; or 18 (2) Has served on active duty in the armed forces for 19 one year for purposes of eligibility for domiciliary care 20 only; and 21 (b) Has service accredited to the State of Illinois or 22 has been a resident of this State for one year immediately 23 preceding the date of application; and 24 (c) For admission to the Illinois Veterans Homes at Anna 25 and Quincy, is disabled by disease, wounds, or otherwise and 26 because of the disability is incapable of earning a living; 27 or 28 (d) For admission to the Illinois Veterans Homes at 29 LaSalle and Manteno and for admission to the John Joseph 30 Kelly Veteran's Home, is disabled by disease, wounds, or 31 otherwise and, for purposes of eligibility for nursing home SB1207 Enrolled -2- LRB9104041MWgc 1 care, requires nursing care because of the disability. 2 (Source: P.A. 88-160; 89-324, eff. 8-13-95.) 3 (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04) 4 Sec. 2.04. There shall be established in the State 5 Treasury special funds known as (i) the LaSalle Veterans Home 6 Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno 7 Veterans Home Fund,and(iv) the Quincy Veterans Home Fund, 8 and (v) the John Joseph Kelly Home Fund. All moneysmonies9 received by an Illinois Veterans Home from Medicare and from 10 maintenance charges to veterans, spouses, and surviving 11 spouses residing at that Home shall be paid into that Home's 12 Fund. All moneysmoniesreceived from the U.S. Department of 13 Veterans Affairs for patient care shall be transmitted to the 14 Treasurer of the State for deposit in the Veterans Home Fund 15 for the Home in which the veteran resides. Appropriations 16 shall be made from a Fund only for the needs of the Home, 17 including capital improvements, building rehabilitation, and 18 repairs. 19 The administrator of each Veteran's Home shall establish 20 a locally-held member's benefits fund. Revenues accruing to 21 an Illinois Veterans Home, including any donations, grants 22 for the operation of the Home, interest on residents' trust 23 fund accounts established under this Section, profits from 24 commissary stores, and funds received from any individual or 25 other source, shall be deposited into that Home's benefit 26 fund. Interest on residents' trust fund accounts shall be 27 transferred at least semi-annually to the benefits fund. 28 Expenditures from the benefit funds shall be solely for the 29 special comfort, pleasure, and amusement of residents. 30 Contributors of unsolicited private donations may specify the 31 purpose for which the private donations are to be used. 32 Upon request of the Department, the State's Attorney of 33 the county in which a resident or living former resident of SB1207 Enrolled -3- LRB9104041MWgc 1 an Illinois Veterans Home who is liable under this Act for 2 payment of sums representing maintenance charges resides 3 shall file an action in a court of competent jurisdiction 4 against any such person who fails or refuses to pay such 5 sums. The court may order the payment of sums due to 6 maintenance charges for such period or periods of time as the 7 circumstances require. 8 Upon the death of a person who is or has been a resident 9 of an Illinois Veterans Home who is liable for maintenance 10 charges and who is possessed of property, the Department may 11 present a claim for such sum or for the balance due in case 12 less than the rate prescribed under this Act has been paid. 13 The claim shall be allowed and paid as other lawful claims 14 against the estate. 15 The administrator of each Veteran's Home shall establish 16 a locally-held trust fund to maintain moneys held for 17 residents. Whenever the Department finds it necessary to 18 preserve order, preserve health, or enforce discipline, the 19 resident shall deposit in a trust account at the Home such 20 monies from any source of income as may be determined 21 necessary, and disbursement of these funds to the resident 22 shall be made only by direction of the administrator. 23 If a resident of an Illinois Veterans Home has a 24 dependent child, spouse, or parent the administrator may 25 require that all monies received be deposited in a trust 26 account with dependency contributions being made at the 27 direction of the administrator. The balance retained in the 28 trust account shall be disbursed to the resident at the time 29 of discharge from the Home or to his or her heirs or legal 30 representative at the time of the resident's death, subject 31 to Department regulations or order of the court. 32 The Director of Central Management Services, with the 33 consent of the Director of Veterans' Affairs, is authorized 34 and empowered to lease or let any real property held by the SB1207 Enrolled -4- LRB9104041MWgc 1 Department of Veterans' Affairs for an Illinois Veterans Home 2 to entities or persons upon terms and conditions which are 3 considered to be in the best interest of that Home. The real 4 property must not be needed for any direct or immediate 5 purpose of the Home. In any leasing or letting, primary 6 consideration shall be given to the use of real property for 7 agricultural purposes, and all moneys received shall be 8 transmitted to the Treasurer of the State for deposit in the 9 appropriate Veterans Home Fund. 10 (Source: P.A. 88-160; 89-324, eff. 8-13-95.) 11 Section 10. The State Finance Act is amended by adding 12 Section 5.490 as follows: 13 (30 ILCS 105/5.490 new) 14 Sec. 5.490. John Joseph Kelly Home Fund. 15 Section 99. Effective date. This Act takes effect on 16 July 1, 1999.