Illinois General Assembly - Full Text of Public Act 094-0887
Illinois General Assembly

Previous General Assemblies

Public Act 094-0887




Public Act 094-0887
HB5343 Enrolled LRB094 16733 RSP 52003 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 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
    (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
    (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.

Effective Date: 6/20/2006