HB5343 Engrossed LRB094 16733 RSP 52003 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Disabled Persons Rehabilitation Act is
5 amended by changing Section 13 as follows:
 
6     (20 ILCS 2405/13)  (from Ch. 23, par. 3444)
7     Sec. 13. The Department shall have all powers reasonable
8 and necessary for the administration of institutions for
9 persons with one or more disabilities under subsection (f) of
10 Section 3 of this Act, including, but not limited to, the
11 authority to do the following:
12     (a) Appoint and remove the superintendents of the
13 institutions operated by the Department, obtain all other
14 employees subject to the provisions of the Personnel Code, and
15 conduct staff training programs for the development and
16 improvement of services.
17     (b) Provide supervision, housing accommodations, board or
18 the payment of boarding costs, tuition, and treatment free of
19 charge, except as otherwise specified in this Act, for
20 residents of this State who are cared for in any institution,
21 or for persons receiving services under any program under the
22 jurisdiction of the Department. Residents of other states may
23 be admitted upon payment of the costs of board, tuition, and
24 treatment as determined by the Department; provided, that no
25 resident of another state shall be received or retained to the
26 exclusion of any resident of this State. The Department shall
27 accept any donation for the board, tuition, and treatment of
28 any person receiving service or care.
29     (c) Cooperate with the State Board of Education and the
30 Department of Children and Family Services in a program to
31 provide for the placement, supervision, and foster care of
32 children with handicaps who must leave their home community in

 

 

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1 order to attend schools offering programs in special education.
2     (d) Assess and collect (i) student activity fees and (ii)
3 charges to school districts for transportation of students
4 required under the School Code and provided by the Department.
5 The Department shall direct the expenditure of all money that
6 has been or may be received by any officer of the several State
7 institutions under the direction and supervision of the
8 Department as profit on sales from commissary stores, student
9 activity fees, or charges for student transportation. The money
10 shall be deposited into a locally held fund and expended under
11 the direction of the Department for the special comfort,
12 pleasure, and amusement of residents and employees and the
13 transportation of residents, provided that amounts expended
14 for comfort, pleasure, and amusement of employees shall not
15 exceed the amount of profits derived from sales made to
16 employees by the commissaries, as determined by the Department.
17     Funds deposited with State institutions under the
18 direction and supervision of the Department by or for residents
19 of those State institutions shall be deposited into
20 interest-bearing accounts, and money received as interest and
21 income on those funds shall be deposited into a "needy student
22 fund" to be held and administered by the institution. Money in
23 the "needy student fund" shall be expended for the special
24 comfort, pleasure, and amusement of the residents of the
25 particular institution where the money is paid or received.
26     Any money belonging to residents separated by death,
27 discharge, or unauthorized absence from institutions described
28 under this Section, in custody of officers of the institutions,
29 may, if unclaimed by the resident or the legal representatives
30 of the resident for a period of 2 years, be expended at the
31 direction of the Department for the purposes and in the manner
32 specified in this subsection (d). Articles of personal
33 property, with the exception of clothing left in the custody of
34 those officers, shall, if unclaimed for the period of 2 years,
35 be sold and the money disposed of in the same manner.
36     Clothing left at the institution by residents at the time

 

 

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1 of separation may be used as determined by the institution if
2 unclaimed by the resident or legal representatives of the
3 resident within 30 days after notification.
4     (e) Keep, for each institution under the jurisdiction of
5 the Department, a register of the number of officers,
6 employees, and residents present each day in the year, in a
7 form that will permit a calculation of the average number
8 present each month.
9     (f) (Blank).
10     (g) (Blank).
11     (h) (Blank).
12     (i) Accept and hold in behalf of the State, if for the
13 public interest, a grant, gift, or legacy of money or property
14 to the State of Illinois, to the Department, or to any
15 institution or program of the Department made in trust for the
16 maintenance or support of a resident of an institution of the
17 Department, or for any other legitimate purpose connected with
18 any such institution or program. The Department shall cause
19 each gift, grant, or legacy to be kept as a distinct fund, and
20 shall invest the gift, grant, or legacy in the manner provided
21 by the laws of this State as those laws now exist or shall
22 hereafter be enacted relating to securities in which the
23 deposits in savings banks may be invested. The Department may,
24 however, in its discretion, deposit in a proper trust company
25 or savings bank, during the continuance of the trust, any fund
26 so left in trust for the life of a person and shall adopt rules
27 and regulations governing the deposit, transfer, or withdrawal
28 of the fund. The Department shall, on the expiration of any
29 trust as provided in any instrument creating the trust, dispose
30 of the fund thereby created in the manner provided in the
31 instrument. The Department shall include in its required
32 reports a statement showing what funds are so held by it and
33 the condition of the funds. Monies found on residents at the
34 time of their admission, or accruing to them during their
35 period of institutional care, and monies deposited with the
36 superintendents by relatives, guardians, or friends of

 

 

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1 residents for the special comfort and pleasure of a resident,
2 shall remain in the possession of the superintendents, who
3 shall act as trustees for disbursement to, in behalf of, or for
4 the benefit of the resident. All types of retirement and
5 pension benefits from private and public sources may be paid
6 directly to the superintendent of the institution where the
7 person is a resident, for deposit to the resident's trust fund
8 account.
9     (j) Appoint, subject to the Personnel Code, persons to be
10 members of a police and security force. Members of the police
11 and security force shall be peace officers and as such have all
12 powers possessed by policemen in cities and sheriffs, including
13 the power to make arrests on view or warrants of violations of
14 State statutes or city or county ordinances. These powers may,
15 however, be exercised only in counties of more than 500,000
16 population when required for the protection of Department
17 properties, interests, and personnel, or specifically
18 requested by appropriate State or local law enforcement
19 officials. Members of the police and security force may not
20 serve and execute civil processes.
21     (k) Maintain, and deposit receipts from the sale of tickets
22 to athletic, musical, and other events, fees for participation
23 in school sponsored tournaments and events, and revenue from
24 student activities relating to charges for art and woodworking
25 projects, charges for automobile repairs, and other revenue
26 generated from student projects into, locally held accounts not
27 to exceed $20,000 $10,000 per account facility for the purposes
28 of (i) providing immediate payment to officials, judges, and
29 athletic referees for their services rendered and for other
30 related expenses at school sponsored contests, tournaments, or
31 events, and (ii) providing payment for expenses related to
32 student revenue producing activities such as art and
33 woodworking projects, automotive repair work, and other
34 student activities or projects that generate revenue and incur
35 expenses, and (iii) providing students who are enrolled in an
36 independent living program with cash so that they may fulfill

 

 

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1 course objectives by purchasing commodities and other required
2 supplies.
3     (l) Advance moneys from its appropriations to be maintained
4 in locally held accounts at the schools to establish (i) a
5 "Student Compensation Account" to pay students for work
6 performed under the student work program, and (ii) a "Student
7 Activity Travel Account" to pay transportation, meals, and
8 lodging costs of students, coaches, and activity sponsors while
9 traveling off campus for sporting events, lessons, and other
10 activities directly associated with the representation of the
11 school. Funds in the "Student Compensation Account" shall not
12 exceed $20,000, and funds in the "Student Activity Travel
13 Account" shall not exceed $200,000.
14     (m) Promulgate rules of conduct applicable to the residents
15 of institutions for persons with one or more disabilities. The
16 rules shall include specific standards to be used by the
17 Department to determine (i) whether financial restitution
18 shall be required in the event of losses or damages resulting
19 from a resident's action and (ii) the ability of the resident
20 and the resident's parents to pay restitution.
21     (m) (Blank).
22 (Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.