Bill Text: IL HB1445 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Department of Veterans Affairs Act. Provides that the creation of the Division of Women Veterans Affairs within the Department of Veterans Affairs is subject to appropriations. Removes a provision requiring the Department to encourage the State to implement more programs to address the wide range of issues faced by Persian Gulf War Veterans. Removes references to the John Joseph Kelly Veteran's Home as an Illinois Veterans Home admitting disabled veterans requiring nursing home care. Provides that no later than July 1, 2012 the Veterans' Memorial 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. Changes the composition of the Commission by adding one member who represents the Illinois Historic Preservation Agency. Repeals provisions concerning the National World War II Memorial Fund; the World War II Illinois Veterans Memorial Fund; the capacity of the LaSalle Veterans Home; and the task force on Servicemember and Veterans Education.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2011-08-11 - Public Act . . . . . . . . . 97-0297 [HB1445 Detail]

Download: Illinois-2011-HB1445-Chaptered.html

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Public Act 097-0297
HB1445 Enrolled LRB097 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.