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90_SB0852
20 ILCS 5/6.23 from Ch. 127, par. 6.23
20 ILCS 2405/12a from Ch. 23, par. 3443a
410 ILCS 515/6 from Ch. 111 1/2, par. 7856
Amends the Civil Administrative Code of Illinois, the
Disabled Persons Rehabilitation Act, and the Head and Spinal
Cord Injury Act. Changes the name of the Rehabilitation
Services Advisory Council to Rehabilitation Advisory Council.
Provides that the purpose of the Council is to advise the
Secretary of Human Services and the vocational rehabilitation
administrator of the provisions of the Federal Rehabilitation
Act of 1973. Provides that the vocational rehabilitation
administrator (now the Secretary of Human Services) shall be
an ex officio member of the Council. Provides that a quorum
of the Council shall be 50% of the members appointed and
confirmed (now 12 members). Provides that differences
between the council and the vocational rehabilitation
administrator (now Secretary) shall be resolved by the
Governor. Provides that a representative from the unit of
the Department of Human Services responsible for the
administration of the vocational rehabilitation program and a
representative from another unit of the Department of Human
Services that provides services to the disabled (now 2
representatives of the Department of Human Services) shall be
ex officio members of the Independent Living Council.
Provides that the vocational rehabilitation administrator
(now Secretary of Human Services) shall perform certain
duties in connection with the Independent Living Council.
Provides that members of the Advisory Council on Spinal Cord
and Head Injuries appointed by the Speaker of the House of
Representatives, the President of the Senate, the Minority
Leader of the House of Representatives, and the Minority
Leader of the Senate shall serve 2-year terms. Provides that
a representative of a unit within the Department of Human
Services that provides services for individuals with
disabilities (now the Department of Human Services) shall be
a member of the Advisory Council on Spinal Cord and Head
Injuries. Provides that the Advisory Council on Spinal Cord
and Head Injuries shall be the advisory board for purposes of
federal programs regarding traumatic brain injury. Effective
July 1, 1997.
LRB9000351MWpcA
LRB9000351MWpcA
1 AN ACT concerning rehabilitation services, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Civil Administrative Code of Illinois is
6 amended by changing Section 6.23 as follows:
7 (20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
8 (Text of Section taking effect July 1, 1997)
9 Sec. 6.23. In the Department of Human Services. A
10 Rehabilitation Services Advisory Council, hereinafter
11 referred to as the Council, is hereby established for the
12 purpose of advising the Secretary and vocational
13 rehabilitation administrator of the provisions of the Federal
14 Rehabilitation Act of 1973 in matters concerning individuals
15 with disabilities and the provision of rehabilitation
16 services. The Council shall consist of 23 members appointed
17 by the Governor after soliciting recommendations from
18 representatives of organizations representing a broad range
19 of individuals with disabilities and organizations interested
20 in individuals with disabilities. The Governor shall appoint
21 to this Council the following:
22 (1) One representative of a parent training center
23 established in accordance with the federal Individuals
24 with Disabilities Education Act.
25 (2) One representative of the client assistance
26 program.
27 (3) One vocational rehabilitation counselor who has
28 knowledge of and experience with vocational
29 rehabilitation programs. (If an employee of the
30 Department is appointed, that appointee shall serve as an
31 ex officio, nonvoting member.)
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1 (4) One representative of community rehabilitation
2 program service providers.
3 (5) Four representatives of business, industry, and
4 labor.
5 (6) Eight representatives of disability advocacy
6 groups representing a cross section of the following:
7 (A) individuals with physical, cognitive,
8 sensory, and mental disabilities; and
9 (B) parents, family members, guardians,
10 advocates, or authorized representative of
11 individuals with disabilities who have difficulty in
12 representing themselves or who are unable, due to
13 their disabilities, to represent themselves.
14 (7) One current or former applicant for, or
15 recipient of, vocational rehabilitation services.
16 (8) Three representatives from secondary or higher
17 education.
18 The chairperson of the Statewide Independent Living Council
19 created under Section 12a of the Disabled Persons
20 Rehabilitation Act, the chairperson of the Blind Services
21 Planning Council created under the Bureau for the Blind Act,
22 and the vocational rehabilitation administrator Secretary of
23 Human Services shall serve as ex officio members.
24 The Council shall select a Chairperson.
25 The Chairperson and at least 11 other members of the
26 Council shall have a recognized disability. One member shall
27 be a senior citizen age 60 or over. A majority of the
28 Council members shall not be employees of the Department of
29 Human Services. Current members of the Rehabilitation
30 Services Advisory Council shall serve until members of the
31 newly created Council are appointed.
32 The terms of all members appointed before the effective
33 date of this amendatory Act of 1993 shall expire on July 1,
34 1993. The members first appointed under this amendatory Act
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1 of 1993 shall be appointed to serve for staggered terms
2 beginning July 1, 1993, as follows: 7 members shall be
3 appointed for terms of 3 years, 7 members shall be appointed
4 for terms of 2 years, and 6 members shall be appointed for
5 terms of one year. Thereafter, all appointments shall be for
6 terms of 3 years. Vacancies shall be filled for the
7 unexpired term. Members shall serve until their successors
8 are appointed and qualified. No member shall serve for more
9 than 2 full terms.
10 Members shall be reimbursed for their actual expenses
11 incurred in the performance of their duties, including
12 expenses for travel, child care, and personal assistance
13 services, and a member who is not employed or who must
14 forfeit wages from other employment shall be paid reasonable
15 compensation for each day the member is engaged in performing
16 the duties of the Council.
17 The Council shall meet at least 4 times per year at times
18 and places designated by the Chairman upon 10 days written
19 notice to the members. Special meetings may be called by the
20 Chairperson or 7 members of the Council upon 7 days written
21 notice to the other members. Fifty percent of the members
22 appointed and confirmed Twelve members shall constitute a
23 quorum. No member of the Council shall cast a vote on any
24 matter that would provide direct financial benefit to the
25 member or otherwise give the appearance of a conflict of
26 interest under Illinois law.
27 The Council shall prepare and submit to the Director such
28 reports and findings as he may request or as the Council
29 deems fit. The Council shall select jointly with the
30 Department a pool of qualified persons to serve as impartial
31 hearing officers.
32 To the extent that there is a disagreement between the
33 Council and the unit within the Department of Human Services
34 responsible for the administration of the vocational
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1 rehabilitation program, regarding the resources necessary to
2 carry out the functions of the Council as set forth in this
3 Section, the disagreement shall be resolved by the Governor.
4 (Source: P.A. 88-10; 89-507, eff. 7-1-97.)
5 Section 10. The Disabled Persons Rehabilitation Act is
6 amended by changing Section 12a as follows:
7 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
8 (Text of Section taking effect July 1, 1997)
9 Sec. 12a. Centers for independent living.
10 (a) Purpose. Recognizing that persons with severe
11 disabilities deserve a high quality of life within their
12 communities regardless of their disabilities, the Department,
13 working with the Statewide Independent Living Council, shall
14 develop a State plan for submission on an annual basis to the
15 Commissioner. The Department shall adopt rules for
16 implementing the State plan in accordance with the federal
17 Act, including rules adopted under the federal Act governing
18 the award of grants.
19 (b) Definitions. As used in this Section, unless the
20 context clearly requires otherwise:
21 "Federal Act" means the federal 1973 Rehabilitation Act.
22 "Center for independent living" means a consumer
23 controlled, community based, cross-disability,
24 non-residential, private non-profit agency that is designated
25 and operated within a local community by individuals with
26 disabilities and provides an array of independent living
27 services.
28 "Consumer controlled" means that the center for
29 independent living vests power and authority in individuals
30 with disabilities and that at least 51% of the directors of
31 the center are persons with one or more disabilities as
32 defined by this Act.
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1 "Commissioner" means the Commissioner of the
2 Rehabilitation Services Administration in the United States
3 Department of Health and Human Services.
4 "Council" means the Statewide Independent Living Council
5 appointed under subsection (d).
6 "Individual with a disability" means any individual who
7 has a physical or mental impairment that substantially limits
8 a major life activity, has a record of such an impairment, or
9 is regarded as having such an impairment.
10 "Individual with a severe disability" means an individual
11 with a severe physical or mental impairment, whose ability to
12 function independently in the family or community or whose
13 ability to obtain, maintain, or advance in employment is
14 substantially limited and for whom the delivery of
15 independent living services will improve the ability to
16 function, continue functioning, or move toward functioning
17 independently in the family or community or to continue in
18 employment.
19 "State plan" means the materials submitted by the
20 Department to the Commissioner on an annual basis that
21 contain the State's proposal for:
22 (1) The provision of statewide independent living
23 services.
24 (2) The development and support of a statewide
25 network of centers for independent living.
26 (3) Working relationships between (i) programs
27 providing independent living services and independent
28 living centers and (ii) the vocational rehabilitation
29 program administered by the Department under the federal
30 Act and other programs providing services for individuals
31 with disabilities.
32 (c) Authority. The Department shall be designated the
33 State unit under Title VII of the federal Act and shall have
34 the following responsibilities:
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1 (1) To receive, account for, and disburse funds
2 received by the State under the federal Act based on the
3 State plan.
4 (2) To provide administrative support services to
5 centers for independent living programs.
6 (3) To keep records, and take such actions with
7 respect to those records, as the Commissioner finds to be
8 necessary with respect to the programs.
9 (4) To submit additional information or provide
10 assurances the Commissioner may require with respect to
11 the programs.
12 The Secretary and the Chairperson of the Council are
13 responsible for jointly developing and signing the State plan
14 required by Section 704 of the federal Act. The State plan
15 shall conform to the requirements of Section 704 of the
16 federal Act.
17 (d) Statewide Independent Living Council.
18 The Governor shall appoint a Statewide Independent Living
19 Council, comprised of 18 members, which shall be established
20 as an entity separate and distinct from the Department. The
21 composition of the Council shall include the following:
22 (1) At least one director of a center for
23 independent living chosen by the directors of centers for
24 independent living within the State.
25 (2) A representative from the unit of the
26 Department of Human Services responsible for the
27 administration of the vocational rehabilitation program
28 and a representative from another unit in the Department
29 of Human Services that provides services for individuals
30 with disabilities Two representatives of the Department
31 and a representative each from the Department on Aging,
32 the State Board of Education, and the Department of
33 Children and Family Services, all as ex-officio,
34 non-voting members who shall not be counted in the 18
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1 members appointed by the Governor.
2 In addition, the Council may include the following:
3 (A) One or more representatives of centers for
4 independent living.
5 (B) One or more parents or guardians of individuals
6 with disabilities.
7 (C) One or more advocates for individuals with
8 disabilities.
9 (D) One or more representatives of private
10 business.
11 (E) One or more representatives of organizations
12 that provide services for individuals with disabilities.
13 (F) Other appropriate individuals.
14 After soliciting recommendations from organizations
15 representing a broad range of individuals with disabilities
16 and organizations interested in individuals with
17 disabilities, the Governor shall appoint members of the
18 Council for terms beginning July 1, 1993. The Council shall
19 be composed of members (i) who provide statewide
20 representation; (ii) who represent a broad range of
21 individuals with disabilities; (iii) who are knowledgeable
22 about centers for independent living and independent living
23 services; and (iv) a majority of whom are persons who are
24 individuals with disabilities and are not employed by any
25 State agency or center for independent living. The terms of
26 all members of the Independent Living Advisory Council who
27 were appointed for terms beginning before July 1, 1993, shall
28 expire on July 1, 1993.
29 The council shall elect a chairperson from among its
30 membership.
31 Each member of the Council shall serve for terms of 3
32 years, except that (i) a member appointed to fill a vacancy
33 occurring before the expiration of the term for which the
34 predecessor was appointed shall be appointed for the
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1 remainder of that term and (ii) terms of the members
2 initially appointed after the effective date of this
3 amendatory Act of 1993 shall be as follows: 6 of the
4 initial members shall be appointed for terms of one year, 6
5 shall be appointed for terms of 2 years, and 6 shall be
6 appointed for terms of 3 years. No member of the council may
7 serve more than 2 consecutive full terms.
8 Any vacancy occurring in the membership of the Council
9 shall be filled in the same manner as the original
10 appointment. The vacancy shall not affect the power of the
11 remaining members to execute the powers and duties of the
12 Council. The Council shall have the duties enumerated in
13 subsections (c), (d), and (e) of Section 705 of the federal
14 Act.
15 Members shall be reimbursed for their actual expenses
16 incurred in the performance of their duties, including
17 expenses for travel, child care, and personal assistance
18 services, and a member who is not employed or who must
19 forfeit wages from other employment shall be paid reasonable
20 compensation for each day the member is engaged in performing
21 the duties of the Council. The reimbursement or compensation
22 shall be paid from moneys made available to the Department
23 under Part B of Title VII of the federal Act.
24 In addition to the powers and duties granted to advisory
25 boards by Section 8 of the Civil Administrative Code of
26 Illinois, the Council shall have the authority to appoint
27 jointly with the vocational rehabilitation administrator
28 Secretary a peer review committee to consider and make
29 recommendations for grants to eligible centers for
30 independent living.
31 (e) Grants to centers for independent living. Each
32 center for independent living that receives assistance from
33 the Department under this Section shall comply with the
34 standards and provide and comply with the assurances that are
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1 set forth in the State plan and consistent with Section 725
2 of the federal Act. Each center for independent living
3 receiving financial assistance from the Department shall
4 provide satisfactory assurances at the time and in the manner
5 the vocational rehabilitation administrator Secretary
6 requires.
7 Beginning October 1, 1994, the vocational rehabilitation
8 administrator Secretary may award grants to any eligible
9 center for independent living that is receiving funds under
10 Title VII of the federal Act, unless the vocational
11 rehabilitation administrator Secretary makes a finding that
12 the center for independent living fails to comply with the
13 standards and assurances set forth in Section 725 of the
14 federal Act.
15 If there is no center for independent living serving a
16 region of the State or the region is underserved, and the
17 State receives a federal increase in its allotment sufficient
18 to support one or more additional centers for independent
19 living in the State, the vocational rehabilitation
20 administrator Secretary may award a grant under this
21 subsection to one or more eligible agencies, consistent with
22 the provisions of the State plan setting forth the design of
23 the State for establishing a statewide network for centers
24 for independent living.
25 In selecting from among eligible agencies in awarding a
26 grant under this subsection for a new center for independent
27 living, the vocational rehabilitation administrator Secretary
28 and the chairperson of (or other individual designated by)
29 the Council acting on behalf of and at the direction of the
30 Council shall jointly appoint a peer review committee that
31 shall rank applications in accordance with the standards and
32 assurances set forth in Section 725 of the federal Act and
33 criteria jointly established by the vocational rehabilitation
34 administrator Secretary and the chairperson or designated
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1 individual. The peer review committee shall consider the
2 ability of the applicant to operate a center for independent
3 living and shall recommend an applicant to receive a grant
4 under this subsection based on the following:
5 (1) Evidence of the need for a center for
6 independent living, consistent with the State plan.
7 (2) Any past performance of the applicant in
8 providing services comparable to independent living
9 services.
10 (3) The applicant's plan for complying with, or
11 demonstrated success in complying with, the standards and
12 assurances set forth in Section 725 of the federal Act.
13 (4) The quality of key personnel of the applicant
14 and the involvement of individuals with severe
15 disabilities by the applicant.
16 (5) The budgets and cost effectiveness of the
17 applicant.
18 (6) The evaluation plan of the applicant.
19 (7) The ability of the applicant to carry out the
20 plan.
21 The vocational rehabilitation administrator Secretary
22 shall award the grant on the basis of the recommendation of
23 the peer review committee if the actions of the committee are
24 consistent with federal and State law.
25 (f) Evaluation and review. The vocational
26 rehabilitation administrator Secretary shall periodically
27 review each center for independent living that receives funds
28 from the Department under Title VII of the federal Act, or
29 moneys appropriated from the General Revenue Fund, to
30 determine whether the center is in compliance with the
31 standards and assurances set forth in Section 725 of the
32 federal Act. If the vocational rehabilitation administrator
33 Secretary determines that any center receiving those federal
34 or State funds is not in compliance with the standards and
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1 assurances set forth in Section 725, the vocational
2 rehabilitation administrator Secretary shall immediately
3 notify the center that it is out of compliance. The
4 vocational rehabilitation administrator Secretary shall
5 terminate all funds to that center 90 days after the date of
6 notification or, in the case of a center that requests an
7 appeal, the date of any final decision, unless the center
8 submits a plan to achieve compliance within 90 days and that
9 plan is approved by the vocational rehabilitation
10 administrator Secretary or 198 (if on appeal) by the
11 Commissioner.
12 (Source: P.A. 88-10; 89-507, eff. 7-1-97.)
13 Section 15. The Head and Spinal Cord Injury Act is
14 amended by changing Section 6 as follows:
15 (410 ILCS 515/6) (from Ch. 111 1/2, par. 7856)
16 (Text of Section taking effect July 1, 1997)
17 Sec. 6. (a) There is hereby created the Advisory Council
18 on Spinal Cord and Head Injuries within the Department of
19 Human Services. The Council shall consist of 29 members.
20 Two members shall be appointed by each of the Speaker of the
21 House of Representatives, the President of the Senate, the
22 Minority Leader of the House of Representatives and the
23 Minority Leader of the Senate for terms of 2 years. The
24 remaining 21 members shall be appointed by the Governor with
25 the advice and consent of the Senate. These 21 members shall
26 determine by lot which 7 are to have one-year terms, which 7
27 are to have 2-year terms, and which 7 are to have 3-year
28 terms. Thereafter, the successors to each of these 21
29 members shall serve 3-year terms and until their successors
30 are appointed by the Governor with the advice and consent of
31 the Senate. The members appointed by the Governor shall
32 include 2 neurosurgeons, 2 orthopedic surgeons, 2
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1 rehabilitation specialists, one of whom shall be a registered
2 nurse, 4 persons with head injuries or family members of
3 persons with head injuries, 4 persons with spinal cord
4 injuries or family members of persons with spinal cord
5 injuries, and a representative of each of the following: (1)
6 an Illinois college or university, (2) health institutions or
7 private industry, (3) a representative from a unit in the
8 Department of Human Services that provides services for
9 individuals with disabilities, (4) the State Board of
10 Education, (5) the Department of Public Health, (6) the
11 Department of Insurance, and (7) the Department of Public
12 Aid. The appointment of individuals representing State
13 agencies shall be conditioned on their continued employment
14 with their respective agencies.
15 (b) From funds appropriated for such purpose, the
16 Department of Human Services shall provide to the Council the
17 necessary staff and expenses to carry out the duties and
18 responsibilities assigned by the Council. Such staff shall
19 consist of a director and other support staff.
20 (c) Meetings shall be held at least every 90 days or at
21 the call of the Council chairman, who shall be elected by the
22 Council.
23 (d) Each member shall be reimbursed for reasonable and
24 necessary expenses actually incurred in the performance of
25 his official duties.
26 (e) The Council shall adopt written procedures to govern
27 its activities. Consultants shall be provided for the Council
28 from appropriations made for such purpose.
29 (f) The Council shall make recommendations to the
30 Governor for developing and administering a State plan to
31 provide services for spinal cord and head injured persons.
32 (g) No member of the Council may participate in or seek
33 to influence a decision or vote of the Council if the member
34 would be directly involved with the matter or if he would
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1 derive income from it. A violation of this prohibition shall
2 be grounds for a person to be removed as a member of the
3 Council by the Governor.
4 (h) The Council shall:
5 (1) promote meetings and programs for the
6 discussion of reducing the debilitating effects of spinal
7 cord and head injuries and disseminate information in
8 cooperation with any other department, agency or entity
9 on the prevention, evaluation, care, treatment and
10 rehabilitation of persons affected by spinal cord and
11 head injuries;
12 (2) study and review current prevention,
13 evaluation, care, treatment and rehabilitation
14 technologies and recommend appropriate preparation,
15 training, retraining and distribution of manpower and
16 resources in the provision of services to spinal cord and
17 head injured persons through private and public
18 residential facilities, day programs and other
19 specialized services;
20 (3) recommend specific methods, means and
21 procedures which should be adopted to improve and upgrade
22 the State's service delivery system for spinal cord and
23 head injured citizens of this State;
24 (4) participate in developing and disseminating
25 criteria and standards which may be required for future
26 funding or licensing of facilities, day programs and
27 other specialized services for spinal cord and head
28 injured persons in this State; and
29 (5) report annually to the Governor and the General
30 Assembly on its activities, and on the results of its
31 studies and the recommendations of the Council; and
32 (6) be the advisory board for purposes of federal
33 programs regarding traumatic brain injury.
34 (i) The Department of Human Services may accept on
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1 behalf of the Council federal funds, gifts and donations from
2 individuals, private organizations and foundations, and any
3 other funds that may become available.
4 (Source: P.A. 89-507, eff. 7-1-97.)
5 Section 99. Effective date. This Act takes effect on
6 July 1, 1997.