|
|
||||
| Public Act 094-0887 |
||||
| ||||
| ||||
AN ACT concerning State government.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Disabled Persons Rehabilitation Act is | ||||
amended by changing
Section 13 as follows:
| ||||
(20 ILCS 2405/13) (from Ch. 23, par. 3444)
| ||||
Sec. 13. The Department shall have all powers reasonable | ||||
and necessary
for the administration of institutions for | ||||
persons with one or more
disabilities under subsection (f) of | ||||
Section 3 of this Act, including, but
not limited to, the | ||||
authority to do the following:
| ||||
(a) Appoint and remove the superintendents of the
| ||||
institutions operated by the Department, obtain all other | ||||
employees
subject to the provisions of the Personnel Code, and | ||||
conduct
staff training programs for the development and | ||||
improvement of services.
| ||||
(b) Provide supervision, housing accommodations, board or | ||||
the
payment of boarding costs, tuition, and treatment free of | ||||
charge, except
as otherwise specified in this Act, for | ||||
residents of this State who are
cared for in any institution, | ||||
or for persons receiving services under
any program under the | ||||
jurisdiction of the Department. Residents of other
states may | ||||
be admitted upon payment of the costs of board, tuition, and
| ||||
treatment as determined by the Department; provided, that no | ||||
resident of
another state shall be received or retained to the | ||||
exclusion of any
resident of this State. The Department shall | ||||
accept any donation for the
board, tuition, and treatment of | ||||
any person receiving service or care.
| ||||
(c) Cooperate with the State Board of Education and the | ||||
Department of
Children and Family Services in a program to | ||||
provide for the placement,
supervision, and foster care of | ||||
children with handicaps who must leave their
home community in | ||||
order to attend schools offering programs in special
education.
| ||
(d) Assess and collect (i) student activity fees and (ii) | ||
charges to
school districts for transportation of students | ||
required under the School Code
and provided by the Department. | ||
The Department shall direct the expenditure of
all money that | ||
has been or may be received by any officer of the several State
| ||
institutions under the direction and supervision of the | ||
Department as profit on
sales from commissary stores, student | ||
activity fees, or charges for student
transportation. The money | ||
shall be deposited into a locally held fund and
expended under | ||
the direction of the Department for the special comfort,
| ||
pleasure, and amusement of residents and employees and the | ||
transportation of
residents, provided that amounts expended | ||
for comfort, pleasure, and amusement
of employees shall not | ||
exceed the amount of profits derived from sales made to
| ||
employees by the commissaries, as determined by the Department.
| ||
Funds deposited with State institutions under the | ||
direction and supervision
of the Department by or for residents | ||
of those State institutions shall be
deposited into | ||
interest-bearing accounts, and money received as interest and
| ||
income on those funds shall be deposited into a "needy student | ||
fund" to be held
and administered by the institution. Money in | ||
the "needy student
fund" shall be expended for the special | ||
comfort, pleasure, and amusement of the
residents of the | ||
particular institution where the money is paid or received.
| ||
Any money belonging to residents separated by death, | ||
discharge, or
unauthorized absence from institutions described | ||
under this Section, in
custody of officers of the institutions, | ||
may, if unclaimed by the resident or
the legal representatives | ||
of the resident for a period of 2 years, be expended
at the | ||
direction of the Department for the purposes and in the manner
| ||
specified in this subsection (d). Articles of personal | ||
property, with the
exception of clothing left in the custody of | ||
those officers, shall, if
unclaimed for the period of 2 years, | ||
be sold and the money disposed of in the
same manner.
| ||
Clothing left at the institution by residents at the time | ||
of
separation may be used as determined by the institution if | ||
unclaimed by
the resident or legal representatives of the | ||
resident within 30
days after notification.
| ||
(e) Keep, for each institution under the jurisdiction of | ||
the
Department, a register of the number of officers, | ||
employees, and
residents present each day in the year, in a | ||
form that will
permit a calculation of the average number | ||
present each month.
| ||
(f) (Blank).
| ||
(g) (Blank).
| ||
(h) (Blank).
| ||
(i) Accept and hold in behalf of the State, if for the | ||
public interest, a
grant, gift, or legacy of money or property | ||
to the State of Illinois, to the
Department, or to any | ||
institution or program of the Department made in trust
for the | ||
maintenance or support of a resident of an institution of the
| ||
Department, or for any other legitimate purpose connected with | ||
any such
institution or program. The Department shall cause | ||
each gift, grant, or legacy
to be kept as a distinct fund, and | ||
shall invest the gift, grant, or legacy in
the manner provided | ||
by the laws of this State as those laws now exist or shall
| ||
hereafter be enacted relating to securities in which the | ||
deposits in savings
banks may be invested. The Department may, | ||
however, in its discretion, deposit
in a proper trust company | ||
or savings bank, during the continuance of the trust,
any fund | ||
so 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 thereby
created 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. Monies found on residents at
the | ||
time of their admission, or accruing to them during their | ||
period of
institutional care, and monies deposited with the | ||
superintendents by
relatives, guardians, or friends of | ||
residents for the special comfort
and pleasure of a resident, | ||
shall remain in the possession of the
superintendents, who | ||
shall act as trustees for disbursement to, in 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 superintendent of the institution where the | ||
person is a resident,
for deposit to the resident's trust fund | ||
account.
| ||
(j) Appoint, subject to the Personnel Code, persons to be
| ||
members of a police and security force. Members of the police | ||
and
security force shall be peace officers and as such have all | ||
powers
possessed by policemen in cities and sheriffs, including | ||
the power to
make arrests on view or warrants of violations of | ||
State statutes or city
or county ordinances. These powers may, | ||
however, be exercised only in
counties of more than 500,000 | ||
population when required for the
protection of Department | ||
properties, interests, and personnel, or
specifically | ||
requested by appropriate State or local law enforcement
| ||
officials. Members of the police and security force may not | ||
serve and
execute civil processes.
| ||
(k) Maintain, and deposit receipts from the sale of tickets | ||
to
athletic, musical, and other events, fees for participation | ||
in school sponsored tournaments and events, and
revenue from | ||
student activities relating to charges for art and woodworking | ||
projects,
charges for automobile repairs, and other revenue | ||
generated from student
projects
into, locally held accounts not | ||
to exceed
$20,000
$10,000 per account
facility for the purposes | ||
of (i) providing immediate payment to
officials, judges, and | ||
athletic referees for their services rendered and for
other | ||
related expenses at school
sponsored contests, tournaments, or | ||
events,
and (ii)
providing payment for expenses related to | ||
student revenue producing
activities such as art and | ||
woodworking projects, automotive repair work, and
other | ||
student activities or projects that generate revenue and incur | ||
expenses,
and (iii)
providing students who are enrolled in an
| ||
independent living program with cash so that they may fulfill | ||
course
objectives by purchasing commodities and other required | ||
supplies.
| ||
(l) Advance moneys from its appropriations to be maintained | ||
in locally
held
accounts at the
schools 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. Funds in the "Student Compensation Account" shall not | ||
exceed $20,000, and funds in the "Student Activity Travel | ||
Account" shall not exceed $200,000.
| ||
(m) Promulgate rules of conduct applicable to the residents | ||
of
institutions for persons with one or more disabilities. The | ||
rules
shall include specific standards to be used by the | ||
Department to
determine (i) whether financial restitution | ||
shall be required in the event
of losses or damages resulting | ||
from a resident's action and (ii)
the ability of the resident | ||
and the resident's parents to pay
restitution.
| ||
(m) (Blank).
| ||
(Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||