Full Text of SB3490 102nd General Assembly
SB3490enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning LGBTQ older adults.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Sections 3, 7.01, and 7.09 and by adding Sections | 6 | | 3.12, 3.13, 8.10, 8.11, and 8.12 as follows:
| 7 | | (20 ILCS 105/3) (from Ch. 23, par. 6103)
| 8 | | Sec. 3.
As used in this Act, unless the context otherwise | 9 | | requires, the
terms specified in Sections 3.01 through 3.13 | 10 | | 3.11 have the meanings
ascribed to
them in those Sections.
| 11 | | (Source: P.A. 101-325, eff. 8-9-19.)
| 12 | | (20 ILCS 105/3.12 new) | 13 | | Sec. 3.12. "Commission" means the Illinois Commission on | 14 | | LGBTQ Aging. | 15 | | (20 ILCS 105/3.13 new) | 16 | | Sec. 3.13. "LGBTQ older adults" means adults 55 years of | 17 | | age or older who are lesbian, gay, bisexual, transgender, | 18 | | intersex, gender non-conforming, Two-Spirit, non-binary, | 19 | | same-gender-loving, queer, or any other diverse sexual | 20 | | orientation or gender identity.
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| 1 | | (20 ILCS 105/7.01) (from Ch. 23, par. 6107.01)
| 2 | | Sec. 7.01.
The Council shall consist of 31 voting members, | 3 | | including: two Senators
appointed by the President of the | 4 | | Senate; two Senators appointed by the
Senate Minority Leader; | 5 | | two Representatives appointed by the Speaker of the
House of | 6 | | Representatives; two Representatives appointed by the House
| 7 | | Minority Leader; and twenty three citizen members, at least | 8 | | sixteen of whom
shall be senior citizens. Of the citizen | 9 | | members, at least 7 shall represent underrepresented | 10 | | communities as follows:
| 11 | | (1) one member who is a lesbian, gay, bisexual, or | 12 | | queer individual; | 13 | | (2) one member who is a transgender or | 14 | | gender-expansive individual; | 15 | | (3) one member who is a person living with HIV; | 16 | | (4) one member who is an African-American or Black | 17 | | individual; | 18 | | (5) one member who is a Hispanic or Latino individual; | 19 | | (6) one member who is an Asian-American or Pacific | 20 | | Islander individual; and | 21 | | (7) one member who is an ethnically diverse | 22 | | individual. | 23 | | (Source: P.A. 78-242 .)
| 24 | | (20 ILCS 105/7.09) (from Ch. 23, par. 6107.09)
| 25 | | Sec. 7.09. The Council shall have the following powers and |
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| 1 | | duties:
| 2 | | (1) review and comment upon reports of the Department | 3 | | to the Governor
and the General Assembly;
| 4 | | (2) prepare and submit to the Governor, the General | 5 | | Assembly and the
Director an annual report evaluating the | 6 | | level and quality of all programs,
services and facilities | 7 | | provided to the aging by State agencies;
| 8 | | (3) review and comment upon the comprehensive state | 9 | | plan prepared by the
Department;
| 10 | | (4) review and comment upon disbursements by the | 11 | | Department of public
funds to private agencies;
| 12 | | (5) recommend candidates to the Governor for | 13 | | appointment as Director of
the Department;
| 14 | | (6) consult with the Director regarding the operations | 15 | | of the
Department ; and .
| 16 | | (7) review and support implementation of the | 17 | | Commission's recommendations as identified in the | 18 | | Commission's Second Report, which shall be issued no later | 19 | | than March 30, 2025. | 20 | | The requirement for reporting to the General Assembly | 21 | | shall be satisfied
by filing copies of the report as required
| 22 | | by Section 3.1 of the General Assembly Organization Act, and | 23 | | filing such additional copies
with the State Government Report | 24 | | Distribution Center for the General Assembly
as is required | 25 | | under
paragraph (t) of Section 7 of the State Library Act.
| 26 | | (Source: P.A. 100-1148, eff. 12-10-18.)
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| 1 | | (20 ILCS 105/8.10 new) | 2 | | Sec. 8.10. The Illinois Commission on LGBTQ Aging. | 3 | | (a) Commission purpose. The Commission is created to | 4 | | investigate, analyze, and study the health, housing, | 5 | | financial, psychosocial, home-and-community-based services, | 6 | | assisted living, and long-term care needs of LGBTQ older | 7 | | adults and their caregivers. The Commission shall make | 8 | | recommendations to improve access to benefits, services, and | 9 | | supports for LGBTQ older adults and their caregivers. The | 10 | | Commission, in formulating its recommendations, shall take | 11 | | into account the best policies and practices in other states | 12 | | and jurisdictions. Specifically, the Commission shall: | 13 | | (1) Examine the impact of State and local laws, | 14 | | policies, and regulations on LGBTQ older adults and make | 15 | | recommendations to ensure equitable access, treatment, | 16 | | care and benefits, and overall quality of life. | 17 | | (2) Examine best practices for increasing access, | 18 | | reducing isolation, preventing abuse and exploitation, | 19 | | promoting independence and self-determination, | 20 | | strengthening caregiving, eliminating disparities, and | 21 | | improving overall quality of life for LGBTQ older adults. | 22 | | (3) Examine the impact of race, ethnicity, sex | 23 | | assigned at birth, socioeconomic status, disability, | 24 | | sexual orientation, gender identity, and other | 25 | | characteristics on access to services for LGBTQ older |
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| 1 | | adults and make recommendations to ensure equitable | 2 | | access, treatment, care, and benefits and overall quality | 3 | | of life. | 4 | | (4) Examine the experiences and needs of LGBTQ older | 5 | | adults living with HIV/AIDS and make recommendations to | 6 | | ensure equitable access, treatment, care, benefits, and | 7 | | overall quality of life. | 8 | | (5) Examine strategies to increase provider awareness | 9 | | of the needs of LGBTQ older adults and their caregivers | 10 | | and to improve the competence of and access to treatment, | 11 | | services, and ongoing care, including preventive care. | 12 | | (6) Examine the feasibility of developing statewide | 13 | | training curricula to improve provider competency in the | 14 | | delivery of culturally responsive health, housing, and | 15 | | long-term support services to LGBTQ older adults and their | 16 | | caregivers. | 17 | | (7) Assess the funding and programming needed to | 18 | | enhance services to the growing population of LGBTQ older | 19 | | adults. | 20 | | (8) Examine whether certain policies and practices, or | 21 | | the absence thereof, promote the premature admission of | 22 | | LGBTQ older adults to institutional care, and examine | 23 | | whether potential cost-savings exist for LGBTQ older | 24 | | adults as a result of providing lower cost and culturally | 25 | | responsive home and community-based alternatives to | 26 | | institutional care. |
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| 1 | | (9) Examine outreach protocols to reduce apprehension | 2 | | among LGBTQ older adults and caregivers of utilizing | 3 | | mainstream providers. | 4 | | (10) Evaluate the implementation status of Public Act | 5 | | 101-325. | 6 | | (11) Evaluate the implementation status of Public Act | 7 | | 102-543, examine statewide strategies for the collection | 8 | | of sexual orientation and gender identity data and the | 9 | | impact of these strategies on the provision of services to | 10 | | LGBTQ older adults, and conduct a statewide survey | 11 | | designed to approximate the number of LGBTQ older adults | 12 | | in the State and collect demographic information (if | 13 | | resources allow for the implementation of a survey | 14 | | instrument). | 15 | | (b) Commission members. | 16 | | (1) The Commission shall include at least all of the | 17 | | following persons who must be appointed by the Governor | 18 | | within 60 days after the effective date of this amendatory | 19 | | Act of the 102nd General Assembly: | 20 | | (A) one member from a statewide organization that | 21 | | advocates for older adults; | 22 | | (B) one member from a national organization that | 23 | | advocates for LGBTQ older adults; | 24 | | (C) one member from a community-based, multi-site | 25 | | healthcare organization founded to serve LGBTQ people; | 26 | | (D) the director of senior services from a |
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| 1 | | community center serving LGBTQ people, or the | 2 | | director's designee; | 3 | | (E) one member from an HIV/AIDS service | 4 | | organization; | 5 | | (F) one member from an organization that is a | 6 | | project incubator and think tank that is focused on | 7 | | action that leads to improved outcomes and | 8 | | opportunities for LGBTQ communities; | 9 | | (G) one member from a labor organization that | 10 | | provides care and services for older adults in | 11 | | long-term care facilities; | 12 | | (H) one member from a statewide association | 13 | | representing long-term care facilities; | 14 | | (I) 5 members from organizations that serve Black, | 15 | | Asian-American, Pacific Islander, Indigenous, or | 16 | | Latinx LGBTQ people; | 17 | | (J) one member from a statewide organization for | 18 | | people with disabilities; and | 19 | | (K) 10 LGBTQ older adults, including at least: | 20 | | (i) 3 members who are transgender or | 21 | | gender-expansive individuals; | 22 | | (ii) 2 members who are older adults living | 23 | | with HIV; | 24 | | (iii) one member who is Two-Spirit; | 25 | | (iv) one member who is an African-American or | 26 | | Black individual; |
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| 1 | | (v) one member who is a Latinx individual; | 2 | | (vi) one member who is an Asian-American or | 3 | | Pacific Islander individual; and | 4 | | (vii) one member who is an ethnically diverse | 5 | | individual. | 6 | | (2) The following State agencies shall each designate | 7 | | one representative to serve as an ex officio member of the | 8 | | Commission: the Department, the Department of Public | 9 | | Health, the Department of Human Services, the Department | 10 | | of Healthcare and Family Services, and the Department of | 11 | | Veterans' Affairs. | 12 | | (3) Appointing authorities shall ensure, to the | 13 | | maximum extent practicable, that the Commission is diverse | 14 | | with respect to race, ethnicity, age, sexual orientation, | 15 | | gender identity, gender expression, and geography. | 16 | | (4) Members of the Commission shall serve until this | 17 | | Section is repealed. Members shall continue to serve until | 18 | | their successors are appointed. Any vacancy shall be | 19 | | filled by the appointing authority. Any vacancy occurring | 20 | | other than by the dissolution of the Commission shall be | 21 | | filled for the balance of the unexpired term. Members of | 22 | | the Commission shall serve without compensation but shall | 23 | | be reimbursed for expenses necessarily incurred in the | 24 | | performance of their duties. | 25 | | (c) Commission organization. The Commission shall provide | 26 | | for its organization and procedure, including selection of the |
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| 1 | | chairperson and vice-chairperson. A majority of the Commission | 2 | | shall constitute a quorum for the transaction of business. | 3 | | Administrative and other support for the Commission shall be | 4 | | provided by the Department. Any State agency under the | 5 | | jurisdiction of the Governor shall provide testimony and | 6 | | information as directed by the Commission. | 7 | | (d) Meetings and reports. The Commission shall: | 8 | | (1) Hold at least one public meeting per quarter. | 9 | | Public meetings may be virtually conducted. | 10 | | (2) No later than March 30, 2023, submit a First | 11 | | Report to the Illinois General Assembly that contains | 12 | | findings and recommendations, including any recommended | 13 | | legislation. The First Report shall be made available to | 14 | | the public on the Department's publicly accessible | 15 | | website. | 16 | | (3) No later than March 30, 2025, submit a Second | 17 | | Report in the same manner as the First Report, containing | 18 | | updates to the findings and recommendations contained in | 19 | | the First Report. The Second Report shall be made | 20 | | available to the public on the Department's publicly | 21 | | accessible website. | 22 | | The Department and Commission may collaborate with an | 23 | | institution of higher education in Illinois to compile the | 24 | | First Report and Second Report. | 25 | | (e) This Section is repealed 3 years after the effective | 26 | | date of this amendatory Act of the 102nd General Assembly. |
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| 1 | | (20 ILCS 105/8.11 new) | 2 | | Sec. 8.11. LGBTQ Older Adult Advocate. | 3 | | (a) The Director shall designate an LGBTQ Older Adult | 4 | | Advocate to discharge the requirements of this Section. The | 5 | | LGBTQ Older Adult Advocate shall have the powers delegated to | 6 | | them by the Department, in addition to the powers set forth in | 7 | | this Section. | 8 | | (b) The LGBTQ Older Adult Advocate shall: | 9 | | (1) advocate for LGBTQ older adults and older adults | 10 | | living with HIV who experience barriers to accessing and | 11 | | utilizing services; | 12 | | (2) ensure the needs and perspectives of LGBTQ older | 13 | | adults and older adults living with HIV are included and | 14 | | incorporated in the Department's decision-making and | 15 | | policymaking processes and throughout the Department's | 16 | | operations and programs; | 17 | | (3) recommend to and assist providers and the public | 18 | | with identifying how best to serve and affirm LGBTQ older | 19 | | adults and older adults living with HIV; | 20 | | (4) administer and oversee the curriculum and training | 21 | | program established by Section 8.12 of this Act; | 22 | | (5) support LGBTQ older adults and older adults living | 23 | | with HIV with information about their civil rights and | 24 | | ability to access federal, State, and local aging services | 25 | | and benefits; and |
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| 1 | | (6) support the work and policy recommendations of the | 2 | | Commission on LGBTQ Aging, the Council on Aging, and the | 3 | | State Plan on Aging. | 4 | | (c) In meeting the requirements of this Section, the LGBTQ | 5 | | Older Adult Advocate shall collaborate with organizations or | 6 | | individuals that affirm LGBTQ older adults and older adults | 7 | | living with HIV and have recognized expertise in identifying | 8 | | and addressing the legal and social challenges faced by LGBTQ | 9 | | older adults and older adults living with HIV. | 10 | | (d) The Department shall maintain information about the | 11 | | LGBTQ Older Adult Advocate, including contact information, on | 12 | | the Department's publicly accessible website. | 13 | | (e) The Department may adopt rules for the administration, | 14 | | implementation, and enforcement of this Section. | 15 | | (20 ILCS 105/8.12 new) | 16 | | Sec. 8.12. LGBTQ Older Adult Curriculum and Training | 17 | | Program. | 18 | | (a) All providers of services who contract with or receive | 19 | | funding from the Department shall complete a curriculum and | 20 | | training program on the prevention and elimination of | 21 | | discrimination based on sexual orientation, gender identity, | 22 | | and gender expression and on providing affirming care and | 23 | | improving access to services for LGBTQ older adults, older | 24 | | adults living with HIV, and their caregivers. The curriculum | 25 | | and training program must be completed by all employees of |
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| 1 | | each provider as well as the employees of the provider's | 2 | | subgrantees and vendors. Providers shall complete training in | 3 | | accordance with the Department's established training | 4 | | requirements. Providers must maintain records of when each | 5 | | employee completes the curriculum and training program. Such | 6 | | proof of completion shall be made available to the Department | 7 | | upon its request. | 8 | | (b) The Department may develop the curriculum and training | 9 | | program or may contract with organizations or individuals to | 10 | | provide their curriculum and training program. Such | 11 | | organizations or individuals must affirm LGBTQ older adults | 12 | | and older adults living with HIV and have recognized expertise | 13 | | in identifying and addressing the legal and social challenges | 14 | | faced by LGBTQ older adults and older adults living with HIV. | 15 | | If the Department develops its own curriculum and training | 16 | | program, the Department shall collaborate on developing the | 17 | | program with individuals and organizations that affirm LGBTQ | 18 | | older adults and older adults living with HIV and have | 19 | | recognized expertise in identifying and addressing the legal | 20 | | and social challenges faced by LGBTQ older adults and older | 21 | | adults living with HIV. At a minimum, the curriculum and | 22 | | training program required by this Section must address the | 23 | | following: | 24 | | (1) definitions of common terms and examples | 25 | | associated with sexual orientation, gender identity, and | 26 | | gender expression; |
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| 1 | | (2) affirming methods of communicating with or about | 2 | | LGBTQ older adults and older adults living with HIV; | 3 | | (3) the health and social challenges historically | 4 | | faced by LGBTQ older adults and older adults living with | 5 | | HIV; | 6 | | (4) the importance of professionalism by providers and | 7 | | the way caretaker attitudes affect access to care, | 8 | | services, participation, and overall physical and mental | 9 | | health outcomes; | 10 | | (5) methods to create a safe and affirming environment | 11 | | and the penalties for failing to meet legal and | 12 | | professional standards; and | 13 | | (6) legal issues relating to LGBTQ older adults and | 14 | | older adults living with HIV, including, but not limited | 15 | | to, civil rights and marriage laws. | 16 | | (c) The curriculum and training program established in | 17 | | accordance with this Section shall be implemented by the | 18 | | Department within 12 months after the effective date of this | 19 | | amendatory Act of the 102nd General Assembly.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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