Full Text of HB5343 94th General Assembly
HB5343 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5343
Introduced 01/26/06, by Rep. Jim Watson SYNOPSIS AS INTRODUCED: |
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20 ILCS 2405/13 |
from Ch. 23, par. 3444 |
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Amends the Disabled Persons Rehabilitation Act. Provides that the Department
of
Human
Services has the authority to maintain and deposit into locally held accounts
certain school fees
and certain student-generated revenues and to use those fees and revenues to
pay
related expenses. Provides that these locally
held accounts may not
exceed $20,000 per account (now, may not exceed $10,000 per facility).
Authorizes the Department to advance moneys from its appropriations to establish (i) a "Student Compensation Account" to pay students for
work performed under the student work program, and (ii) a "Student Activity Travel
Account" to pay transportation, meals, and lodging costs of students, coaches,
and activity sponsors while traveling off campus for sporting events, lessons,
and other activities directly associated with the representation of the school. Provides that funds in the "Student Compensation Account" shall not exceed $20,000, and funds in the "Student Activity Travel Account" shall not exceed $200,000. Effective immediately. |
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5343 |
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LRB094 16733 RSP 52003 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Disabled Persons Rehabilitation Act is | 5 |
| amended by changing
Section 13 as follows:
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| (20 ILCS 2405/13) (from Ch. 23, par. 3444)
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| 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:
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| (a) Appoint and remove the superintendents of the
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| 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.
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| (b) Provide supervision, housing accommodations, board or | 18 |
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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
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| 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.
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| (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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HB5343 |
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LRB094 16733 RSP 52003 b |
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| order to attend schools offering programs in special
education.
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| (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
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| 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,
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| 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
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| employees by the commissaries, as determined by the Department.
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| 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
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| 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.
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| 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
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| 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.
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| Clothing left at the institution by residents at the time |
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HB5343 |
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LRB094 16733 RSP 52003 b |
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| 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.
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| (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.
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| (f) (Blank).
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| (g) (Blank).
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| (h) (Blank).
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| (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
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| 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
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| 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
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| 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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| 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
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| 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.
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| (j) Appoint, subject to the Personnel Code, persons to be
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| 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
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| officials. Members of the police and security force may not | 20 |
| serve and
execute civil processes.
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| (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 form 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
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| independent living program with cash so that they may fulfill |
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HB5343 |
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LRB094 16733 RSP 52003 b |
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| course
objectives by purchasing commodities and other required | 2 |
| supplies.
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| (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.
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| (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.
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| (m) (Blank).
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| (Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law. |
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