Bill Text: IL SB2988 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Department of Veterans' Affairs Act. Creates the Veterans Home of Central Illinois Fund as a special fund in the State treasury. Establishes the Illinois Veterans Home of Central Illinois. Provides that receipts attributable to the Illinois Veterans Home of Central Illinois shall be deposited into the Illinois Veterans Home of Central Illinois Fund. Provides that the Illinois Veterans Home of Central Illinois Fund shall be the Veterans Home Fund for the Illinois Veterans Home of Central Illinois. Provides that any unused real property held by the Department of Juvenile Justice for operating the Lincoln Developmental Center may be used for the operation or expansion of the Illinois Veterans Home of Central Illinois or for any purpose related to the benefit or care of the Home's residents. Makes a corresponding change in the State Finance Act. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-10 - Rule 3-9(a) / Re-referred to Assignments [SB2988 Detail]

Download: Illinois-2021-SB2988-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2988 Introduced 1/5/2022, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
20 ILCS 2805/2i new
20 ILCS 2805/2.01 from Ch. 126 1/2, par. 67.01
20 ILCS 2805/2.01d new
20 ILCS 2805/2.03 from Ch. 126 1/2, par. 67.03
20 ILCS 2805/2.04 from Ch. 126 1/2, par. 67.04
30 ILCS 105/5.970 new
Amends the Department of Veterans' Affairs Act. Creates the Veterans Home of Central Illinois Fund as a special fund in the State treasury. Establishes the Illinois Veterans Home of Central Illinois. Provides that receipts attributable to the Illinois Veterans Home of Central Illinois shall be deposited into the Illinois Veterans Home of Central Illinois Fund. Provides that the Illinois Veterans Home of Central Illinois Fund shall be the Veterans Home Fund for the Illinois Veterans Home of Central Illinois. Provides that any unused real property held by the Department of Juvenile Justice for operating the Lincoln Developmental Center may be used for the operation or expansion of the Illinois Veterans Home of Central Illinois or for any purpose related to the benefit or care of the Home's residents. Makes a corresponding change in the State Finance Act. Effective immediately.
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A BILL FOR
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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 2.01, 2.03 and 2.04 and by adding
Sections 2i and 2.01d as follows:
(20 ILCS 2805/2i new)
Sec. 2i. The Illinois Veterans Home of Central Illinois
Fund. The Illinois Veterans Home of Central Illinois Fund is
hereby created as a special fund in the State treasury. From
appropriations to the Department from the Fund, the Department
shall purchase equipment and supplies to enhance the lives of
the residents at veterans' homes in central Illinois and for
the operation of such homes, including capital improvements,
building rehabilitation, and repairs.
(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

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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;

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(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

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immediately preceding the date of application.
(d) For admission to the the Illinois Veterans Home of
Central Illinois and Illinois Veterans Homes at Anna and
Quincy, the veteran must have developed a disability 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
Chicago, LaSalle, and Manteno, the veteran must have developed
a disability 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 paragraph (1) of subsection (b) 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.
(g) A veteran or spouse, once admitted to an Illinois
Veterans Home facility, is considered a resident for
interfacility purposes.
(h) A non-veteran spouse shall only have the same priority
for admission to a Veterans Home as a veteran if the
non-veteran spouse and his or her veteran spouse are admitted
at the same time to live together at the Veterans Home.
(Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15;
99-642, eff. 7-28-16; 100-392, eff. 8-25-17; 100-942, eff.
1-1-19.)

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(20 ILCS 2805/2.01d new)
Sec. 2.01d. Illinois Veterans Home of Central Illinois.
The Illinois Veterans Home of Central Illinois is established.
The Department shall operate and maintain the Illinois
Veterans Home of Central Illinois.
(20 ILCS 2805/2.03) (from Ch. 126 1/2, par. 67.03)
Sec. 2.03. Admissions. Admissions to an Illinois Veterans
Home are subject to the rules and regulations adopted by the
Department of Veterans' Affairs to govern the admission of
applicants.
Each resident of a Home is liable for the payment of sums
representing maintenance charges for care at the Home at a
rate to be determined by the Department, based on the
resident's ability to pay. However, the charges shall not
exceed the average annual per capita cost of maintaining the
resident in the Home. The Department, upon being furnished
proof of payment, shall in its discretion make allowances for
unusual expenses in determining the ability of the resident to
pay maintenance charges.
The basis upon which the payment of maintenance charges
shall be calculated by the Department is the average per
capita cost for the care of all residents at each Home for the
fiscal year immediately preceding the period for which the
rate for each Home is being calculated.

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The Department may require residents to pay charges
monthly, quarterly, or otherwise as may be most suitably
arranged for the individual members. The amounts received from
each Home for the charges shall be transmitted to the
Treasurer of the State of Illinois for deposit in each
Veterans Home Fund, respectively, except that receipts
attributable to the Illinois Veterans Home at Chicago shall be
deposited into the Illinois Veterans' Homes Fund, and receipts
attributable to the Illinois Veterans Home of Central Illinois
shall be deposited into the Illinois Veterans Home of Central
Illinois Fund.
The Department may investigate the financial condition of
residents of a Home to determine their ability to pay
maintenance charges and to establish standards as a basis of
judgment for such determination. Such standards shall be
recomputed periodically to reflect changes in the cost of
living and other pertinent factors.
Refusal to pay the maintenance charges is cause for
discharge of a resident from a Home.
The Department may collect any medical or health benefits
to which a resident may become entitled through tax supported
or privately financed systems of insurance, as a result of his
or her care or treatment in the facilities provided by the
Department, or because of care or treatment in other
facilities when such care or treatment has been paid for by the
Department.

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Admission of a resident is not limited or conditioned in
any manner by the financial status of the resident or his or
her ability to pay maintenance charges.
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 in trust for the
maintenance or support of a resident of an Illinois Veterans
Home or for any other legitimate purpose. The Department shall
cause each gift, grant, devise, or bequest to be kept as a
distinct fund and shall invest the same in the manner provided
by the laws of this State relating to securities in which the
deposit in savings banks may be invested. However, the
Department may, at its discretion, deposit in a proper trust
company, bank, or savings bank, during the continuance of the
trust, any fund left in trust for the life of a person and
shall adopt rules and regulations governing the deposit,
transfer, or withdrawal of the fund. The Department shall, on
the expiration of any trust as provided in any instrument
creating the trust, dispose of the fund in the manner provided
in the instrument. The Department shall include in its
required reports a statement showing what funds are so held by
it and the condition of the funds; provided that monies found
on residents at the time of their admission or accruing to them
during their residence at a Home and monies deposited with the
administrators by relatives, guardians, or friends of
residents for the special comfort and pleasure of the resident

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shall remain in the custody of the administrators who shall
act as trustees for disbursement to, on behalf of, or for the
benefit of the resident. All types of retirement and pension
benefits from private and public sources may be paid directly
to the administrator of a Home for deposit to the resident
trust fund account.
(Source: P.A. 100-392, eff. 8-25-17.)
(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.
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 Illinois Veterans' Homes Fund shall be the
Veterans Home Fund for the Illinois Veterans Home at Chicago.
The Illinois Veterans Home of Central Illinois Fund shall be
the Veterans Home Fund for the Illinois Veterans Home of

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Central Illinois.
The administrator of each Veterans Home shall establish a
locally held 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,
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,
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

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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 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

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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.
Any unused real property held by the Department of
Juvenile Justice for operating the Lincoln Developmental
Center may be used for the operation or expansion of the
Illinois Veterans Home of Central Illinois or for any purpose
related to the benefit or care of the Home's residents.
Each administrator of an Illinois Veterans Home who has an
established locally held 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 locally-held member's benefits fund.
(Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
Section 10. The State Finance Act is amended by adding
Section 5.970 as follows:
(30 ILCS 105/5.970 new)
Sec. 5.970. The Illinois Veterans Home of Central Illinois

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Fund.
Section 99. Effective date. This Act takes effect upon
becoming law.