[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ House Amendment 003 ] | [ Senate Amendment 001 ] |
90_SB0852enr
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
SB852 Enrolled 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 State
10 Rehabilitation Services Advisory Council, hereinafter
11 referred to as the Council, is hereby established for the
12 purpose of advising the Secretary and the vocational
13 rehabilitation administrator of the provisions of the federal
14 Rehabilitation Act of 1973 and the Americans with
15 Disabilities Act of 1990 in matters concerning individuals
16 with disabilities and the provision of rehabilitation
17 services. The Council shall consist of 23 members appointed
18 by the Governor after soliciting recommendations from
19 representatives of organizations representing a broad range
20 of individuals with disabilities and organizations interested
21 in individuals with disabilities. The Governor shall appoint
22 to this Council the following:
23 (1) One representative of a parent training center
24 established in accordance with the federal Individuals
25 with Disabilities Education Act.
26 (2) One representative of the client assistance
27 program.
28 (3) One vocational rehabilitation counselor who has
29 knowledge of and experience with vocational
30 rehabilitation programs. (If an employee of the
31 Department is appointed, that appointee shall serve as an
SB852 Enrolled -2- LRB9000351MWpcA
1 ex officio, nonvoting member.)
2 (4) One representative of community rehabilitation
3 program service providers.
4 (5) Four representatives of business, industry, and
5 labor.
6 (6) Eight representatives of disability advocacy
7 groups representing a cross section of the following:
8 (A) individuals with physical, cognitive,
9 sensory, and mental disabilities; and
10 (B) parents, family members, guardians,
11 advocates, or authorized representative of
12 individuals with disabilities who have difficulty in
13 representing themselves or who are unable, due to
14 their disabilities, to represent themselves.
15 (7) One current or former applicant for, or
16 recipient of, vocational rehabilitation services.
17 (8) Three representatives from secondary or higher
18 education.
19 The chairperson of, or a member designated by, the Statewide
20 Independent Living Council created under Section 12a of the
21 Disabled Persons Rehabilitation Act, the chairperson of the
22 Blind Services Planning Council created under the Bureau for
23 the Blind Act, and the vocational rehabilitation
24 administrator Secretary of Human Services shall serve as ex
25 officio members.
26 The Council shall select a Chairperson.
27 The Chairperson and at least 11 other members of the
28 Council shall have a recognized disability. One member shall
29 be a senior citizen age 60 or over. A majority of the
30 Council members shall not be employees of the Department of
31 Human Services. Current members of the Rehabilitation
32 Services Advisory Council shall serve until members of the
33 newly created Council are appointed.
34 The terms of all members appointed before the effective
SB852 Enrolled -3- LRB9000351MWpcA
1 date of this amendatory Act of 1993 shall expire on July 1,
2 1993. The members first appointed under this amendatory Act
3 of 1993 shall be appointed to serve for staggered terms
4 beginning July 1, 1993, as follows: 7 members shall be
5 appointed for terms of 3 years, 7 members shall be appointed
6 for terms of 2 years, and 6 members shall be appointed for
7 terms of one year. Thereafter, all appointments shall be for
8 terms of 3 years. Vacancies shall be filled for the
9 unexpired term. Members shall serve until their successors
10 are appointed and qualified. No member shall serve for more
11 than 2 full terms.
12 Members shall be reimbursed for their actual expenses
13 incurred in the performance of their duties, including
14 expenses for travel, child care, and personal assistance
15 services, and a member who is not employed or who must
16 forfeit wages from other employment shall be paid reasonable
17 compensation for each day the member is engaged in performing
18 the duties of the Council.
19 The Council shall meet at least 4 times per year at times
20 and places designated by the Chairman upon 10 days written
21 notice to the members. Special meetings may be called by the
22 Chairperson or 7 members of the Council upon 7 days written
23 notice to the other members. Nine members Twelve members
24 shall constitute a quorum. No member of the Council shall
25 cast a vote on any matter that would provide direct financial
26 benefit to the member or otherwise give the appearance of a
27 conflict of interest under Illinois law.
28 The Council shall prepare and submit to the vocational
29 rehabilitation administrator Director such reports and
30 findings as he may request or as the Council deems fit. The
31 Council shall select jointly with the vocational
32 rehabilitation administrator Department a pool of qualified
33 persons to serve as impartial hearing officers.
34 To the extent that there is a disagreement between the
SB852 Enrolled -4- LRB9000351MWpcA
1 Council and the unit within the Department of Human Services
2 responsible for the administration of the vocational
3 rehabilitation program, regarding the resources necessary to
4 carry out the functions of the Council as set forth in this
5 Section, the disagreement shall be resolved by the Governor.
6 (Source: P.A. 88-10; 89-507, eff. 7-1-97.)
7 Section 10. The Disabled Persons Rehabilitation Act is
8 amended by changing Sections 1b and 12a as follows:
9 (20 ILCS 2405/1b) (from Ch. 23, par. 3432)
10 (Text of Section after amendment by P.A. 89-507)
11 Sec. 1b. For the purpose of this Act, the term "person
12 with one or more disabilities" means any person who, by
13 reason of a physical or mental impairment, is or may be
14 expected to be totally or partially incapacitated for
15 independent living or gainful employment; the term
16 "rehabilitation" or "habilitation" means those vocational or
17 other appropriate services which increase the opportunities
18 for independent functioning or gainful employment; the term
19 "comprehensive rehabilitation" means those services necessary
20 and appropriate for increasing the potential for independent
21 living or gainful employment as applicable; the term
22 "vocational rehabilitation administrator" means the head of
23 the designated State unit within the Department responsible
24 for administration of rehabilitation services provided for in
25 this Act, including but not limited to the administration of
26 the federal Rehabilitation Act; the term "Department" means
27 the Department of Human Services; and the term "Secretary"
28 means the Secretary of Human Services.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
31 (Text of Section taking effect July 1, 1997)
SB852 Enrolled -5- LRB9000351MWpcA
1 Sec. 12a. Centers for independent living.
2 (a) Purpose. Recognizing that persons with severe
3 disabilities deserve a high quality of life within their
4 communities regardless of their disabilities, the Department,
5 working with the Statewide Independent Living Council, shall
6 develop a State plan for submission on an annual basis to the
7 Commissioner. The Department shall adopt rules for
8 implementing the State plan in accordance with the federal
9 Act, including rules adopted under the federal Act governing
10 the award of grants.
11 (b) Definitions. As used in this Section, unless the
12 context clearly requires otherwise:
13 "Federal Act" means the federal 1973 Rehabilitation Act.
14 "Center for independent living" means a consumer
15 controlled, community based, cross-disability,
16 non-residential, private non-profit agency that is designated
17 and operated within a local community by individuals with
18 disabilities and provides an array of independent living
19 services.
20 "Consumer controlled" means that the center for
21 independent living vests power and authority in individuals
22 with disabilities and that at least 51% of the directors of
23 the center are persons with one or more disabilities as
24 defined by this Act.
25 "Commissioner" means the Commissioner of the
26 Rehabilitation Services Administration in the United States
27 Department of Health and Human Services.
28 "Council" means the Statewide Independent Living Council
29 appointed under subsection (d).
30 "Individual with a disability" means any individual who
31 has a physical or mental impairment that substantially limits
32 a major life activity, has a record of such an impairment, or
33 is regarded as having such an impairment.
34 "Individual with a severe disability" means an individual
SB852 Enrolled -6- LRB9000351MWpcA
1 with a severe physical or mental impairment, whose ability to
2 function independently in the family or community or whose
3 ability to obtain, maintain, or advance in employment is
4 substantially limited and for whom the delivery of
5 independent living services will improve the ability to
6 function, continue functioning, or move toward functioning
7 independently in the family or community or to continue in
8 employment.
9 "State plan" means the materials submitted by the
10 Department to the Commissioner on an annual basis that
11 contain the State's proposal for:
12 (1) The provision of statewide independent living
13 services.
14 (2) The development and support of a statewide
15 network of centers for independent living.
16 (3) Working relationships between (i) programs
17 providing independent living services and independent
18 living centers and (ii) the vocational rehabilitation
19 program administered by the Department under the federal
20 Act and other programs providing services for individuals
21 with disabilities.
22 (c) Authority. The unit of the Department headed by the
23 vocational rehabilitation administrator shall be designated
24 the State unit under Title VII of the federal Act and shall
25 have the following responsibilities:
26 (1) To receive, account for, and disburse funds
27 received by the State under the federal Act based on the
28 State plan.
29 (2) To provide administrative support services to
30 centers for independent living programs.
31 (3) To keep records, and take such actions with
32 respect to those records, as the Commissioner finds to be
33 necessary with respect to the programs.
34 (4) To submit additional information or provide
SB852 Enrolled -7- LRB9000351MWpcA
1 assurances the Commissioner may require with respect to
2 the programs.
3 The vocational rehabilitation administrator Secretary and the
4 Chairperson of the Council are responsible for jointly
5 developing and signing the State plan required by Section 704
6 of the federal Act. The State plan shall conform to the
7 requirements of Section 704 of the federal Act.
8 (d) Statewide Independent Living Council.
9 The Governor shall appoint a Statewide Independent Living
10 Council, comprised of 18 members, which shall be established
11 as an entity separate and distinct from the Department. The
12 composition of the Council shall include the following:
13 (1) At least one director of a center for
14 independent living chosen by the directors of centers for
15 independent living within the State.
16 (2) A representative from the unit of the
17 Department of Human Services responsible for the
18 administration of the vocational rehabilitation program
19 and a representative from another unit in the Department
20 of Human Services that provides services for individuals
21 with disabilities Two representatives of the Department
22 and a representative each from the Department on Aging,
23 the State Board of Education, and the Department of
24 Children and Family Services, all as ex-officio,
25 non-voting members who shall not be counted in the 18
26 members appointed by the Governor.
27 In addition, the Council may include the following:
28 (A) One or more representatives of centers for
29 independent living.
30 (B) One or more parents or guardians of individuals
31 with disabilities.
32 (C) One or more advocates for individuals with
33 disabilities.
34 (D) One or more representatives of private
SB852 Enrolled -8- LRB9000351MWpcA
1 business.
2 (E) One or more representatives of organizations
3 that provide services for individuals with disabilities.
4 (F) Other appropriate individuals.
5 After soliciting recommendations from organizations
6 representing a broad range of individuals with disabilities
7 and organizations interested in individuals with
8 disabilities, the Governor shall appoint members of the
9 Council for terms beginning July 1, 1993. The Council shall
10 be composed of members (i) who provide statewide
11 representation; (ii) who represent a broad range of
12 individuals with disabilities; (iii) who are knowledgeable
13 about centers for independent living and independent living
14 services; and (iv) a majority of whom are persons who are
15 individuals with disabilities and are not employed by any
16 State agency or center for independent living. The terms of
17 all members of the Independent Living Advisory Council who
18 were appointed for terms beginning before July 1, 1993, shall
19 expire on July 1, 1993.
20 The council shall elect a chairperson from among its
21 membership.
22 Each member of the Council shall serve for terms of 3
23 years, except that (i) a member appointed to fill a vacancy
24 occurring before the expiration of the term for which the
25 predecessor was appointed shall be appointed for the
26 remainder of that term and (ii) terms of the members
27 initially appointed after the effective date of this
28 amendatory Act of 1993 shall be as follows: 6 of the
29 initial members shall be appointed for terms of one year, 6
30 shall be appointed for terms of 2 years, and 6 shall be
31 appointed for terms of 3 years. No member of the council may
32 serve more than 2 consecutive full terms.
33 Any vacancy occurring in the membership of the Council
34 shall be filled in the same manner as the original
SB852 Enrolled -9- LRB9000351MWpcA
1 appointment. The vacancy shall not affect the power of the
2 remaining members to execute the powers and duties of the
3 Council. The Council shall have the duties enumerated in
4 subsections (c), (d), and (e) of Section 705 of the federal
5 Act.
6 Members shall be reimbursed for their actual expenses
7 incurred in the performance of their duties, including
8 expenses for travel, child care, and personal assistance
9 services, and a member who is not employed or who must
10 forfeit wages from other employment shall be paid reasonable
11 compensation for each day the member is engaged in performing
12 the duties of the Council. The reimbursement or compensation
13 shall be paid from moneys made available to the Department
14 under Part B of Title VII of the federal Act.
15 In addition to the powers and duties granted to advisory
16 boards by Section 8 of the Civil Administrative Code of
17 Illinois, the Council shall have the authority to appoint
18 jointly with the vocational rehabilitation administrator
19 Secretary a peer review committee to consider and make
20 recommendations for grants to eligible centers for
21 independent living.
22 (e) Grants to centers for independent living. Each
23 center for independent living that receives assistance from
24 the Department under this Section shall comply with the
25 standards and provide and comply with the assurances that are
26 set forth in the State plan and consistent with Section 725
27 of the federal Act. Each center for independent living
28 receiving financial assistance from the Department shall
29 provide satisfactory assurances at the time and in the manner
30 the vocational rehabilitation administrator Secretary
31 requires.
32 Beginning October 1, 1994, the vocational rehabilitation
33 administrator Secretary may award grants to any eligible
34 center for independent living that is receiving funds under
SB852 Enrolled -10- LRB9000351MWpcA
1 Title VII of the federal Act, unless the vocational
2 rehabilitation administrator Secretary makes a finding that
3 the center for independent living fails to comply with the
4 standards and assurances set forth in Section 725 of the
5 federal Act.
6 If there is no center for independent living serving a
7 region of the State or the region is underserved, and the
8 State receives a federal increase in its allotment sufficient
9 to support one or more additional centers for independent
10 living in the State, the vocational rehabilitation
11 administrator Secretary may award a grant under this
12 subsection to one or more eligible agencies, consistent with
13 the provisions of the State plan setting forth the design of
14 the State for establishing a statewide network for centers
15 for independent living.
16 In selecting from among eligible agencies in awarding a
17 grant under this subsection for a new center for independent
18 living, the vocational rehabilitation administrator Secretary
19 and the chairperson of (or other individual designated by)
20 the Council acting on behalf of and at the direction of the
21 Council shall jointly appoint a peer review committee that
22 shall rank applications in accordance with the standards and
23 assurances set forth in Section 725 of the federal Act and
24 criteria jointly established by the vocational rehabilitation
25 administrator Secretary and the chairperson or designated
26 individual. The peer review committee shall consider the
27 ability of the applicant to operate a center for independent
28 living and shall recommend an applicant to receive a grant
29 under this subsection based on the following:
30 (1) Evidence of the need for a center for
31 independent living, consistent with the State plan.
32 (2) Any past performance of the applicant in
33 providing services comparable to independent living
34 services.
SB852 Enrolled -11- LRB9000351MWpcA
1 (3) The applicant's plan for complying with, or
2 demonstrated success in complying with, the standards and
3 assurances set forth in Section 725 of the federal Act.
4 (4) The quality of key personnel of the applicant
5 and the involvement of individuals with severe
6 disabilities by the applicant.
7 (5) The budgets and cost effectiveness of the
8 applicant.
9 (6) The evaluation plan of the applicant.
10 (7) The ability of the applicant to carry out the
11 plan.
12 The vocational rehabilitation administrator Secretary
13 shall award the grant on the basis of the recommendation of
14 the peer review committee if the actions of the committee are
15 consistent with federal and State law.
16 (f) Evaluation and review. The vocational
17 rehabilitation administrator Secretary shall periodically
18 review each center for independent living that receives funds
19 from the Department under Title VII of the federal Act, or
20 moneys appropriated from the General Revenue Fund, to
21 determine whether the center is in compliance with the
22 standards and assurances set forth in Section 725 of the
23 federal Act. If the vocational rehabilitation administrator
24 Secretary determines that any center receiving those federal
25 or State funds is not in compliance with the standards and
26 assurances set forth in Section 725, the vocational
27 rehabilitation administrator Secretary shall immediately
28 notify the center that it is out of compliance. The
29 vocational rehabilitation administrator Secretary shall
30 terminate all funds to that center 90 days after the date of
31 notification or, in the case of a center that requests an
32 appeal, the date of any final decision, unless the center
33 submits a plan to achieve compliance within 90 days and that
34 plan is approved by the vocational rehabilitation
SB852 Enrolled -12- LRB9000351MWpcA
1 administrator Secretary or 198 (if on appeal) by the
2 Commissioner.
3 (Source: P.A. 88-10; 89-507, eff. 7-1-97.)
4 Section 15. The Head and Spinal Cord Injury Act is
5 amended by changing Section 6 as follows:
6 (410 ILCS 515/6) (from Ch. 111 1/2, par. 7856)
7 (Text of Section taking effect July 1, 1997)
8 Sec. 6. (a) There is hereby created the Advisory Council
9 on Spinal Cord and Head Injuries within the Department of
10 Human Services. The Council shall consist of 29 members, .
11 Two members shall be appointed by each of the Speaker of the
12 House of Representatives, the President of the Senate, the
13 Minority Leader of the House of Representatives and the
14 Minority Leader of the Senate The remaining 21 members shall
15 be appointed by the Governor with the advice and consent of
16 the Senate. These 21 members shall determine by lot which 7
17 are to have one-year terms, which 7 are to have 2-year terms,
18 and which 7 are to have 3-year terms. Thereafter, the
19 successors to each of These 21 Members shall serve 3-year
20 terms and until their successors are appointed by the
21 Governor with the advice and consent of the Senate. The
22 members appointed by the Governor shall include 2
23 neurosurgeons, 2 orthopedic surgeons, 2 rehabilitation
24 specialists, one of whom shall be a registered nurse, 4
25 persons with head injuries or family members of persons with
26 head injuries, 4 persons with spinal cord injuries or family
27 members of persons with spinal cord injuries, a
28 representative of an Illinois college or university, and a
29 representative from health institutions or private industry.
30 These members shall not serve more than 2 consecutive 3-year
31 terms. The Governor shall appoint one individual from each
32 of the following entities to the Council as ex-officio
SB852 Enrolled -13- LRB9000351MWpcA
1 members: the unit of the Department of Human Services that is
2 responsible for the administration of the vocational
3 rehabilitation program, another unit within the Department of
4 Human Services that provides services for individuals with
5 disabilities, the State Board of Education, the Department of
6 Public Health, the Department of Insurance, the Department of
7 Public Aid, the Division of Specialized Care for Children of
8 the University of Illinois, the Statewide Independent Living
9 Council, and the State Rehabilitation Advisory Council.
10 Ex-officio members are not subject to limit of 2 consecutive
11 3-year terms. and a representative of each of the following:
12 (1) an Illinois college or university, (2) health
13 institutions or private industry, (3) the Department of Human
14 Services , (4) the State Board of Education, (5) the
15 Department of Public Health, (6)the Department of Insurance,
16 and (7) the Department of Public Aid. The appointment of
17 individuals representing State agencies shall be conditioned
18 on their continued employment with their respective agencies.
19 (b) From funds appropriated for such purpose, the
20 Department of Human Services shall provide to the Council the
21 necessary staff and expenses to carry out the duties and
22 responsibilities assigned by the Council. Such staff shall
23 consist of a director and other support staff.
24 (c) Meetings shall be held at least every 90 days or at
25 the call of the Council chairman, who shall be elected by the
26 Council.
27 (d) Each member shall be reimbursed for reasonable and
28 necessary expenses actually incurred in the performance of
29 his official duties.
30 (e) The Council shall adopt written procedures to govern
31 its activities. Consultants shall be provided for the Council
32 from appropriations made for such purpose.
33 (f) The Council shall make recommendations to the
34 Governor for developing and administering a State plan to
SB852 Enrolled -14- LRB9000351MWpcA
1 provide services for spinal cord and head injured persons.
2 (g) No member of the Council may participate in or seek
3 to influence a decision or vote of the Council if the member
4 would be directly involved with the matter or if he would
5 derive income from it. A violation of this prohibition shall
6 be grounds for a person to be removed as a member of the
7 Council by the Governor.
8 (h) The Council shall:
9 (1) promote meetings and programs for the
10 discussion of reducing the debilitating effects of spinal
11 cord and head injuries and disseminate information in
12 cooperation with any other department, agency or entity
13 on the prevention, evaluation, care, treatment and
14 rehabilitation of persons affected by spinal cord and
15 head injuries;
16 (2) study and review current prevention,
17 evaluation, care, treatment and rehabilitation
18 technologies and recommend appropriate preparation,
19 training, retraining and distribution of manpower and
20 resources in the provision of services to spinal cord and
21 head injured persons through private and public
22 residential facilities, day programs and other
23 specialized services;
24 (3) recommend specific methods, means and
25 procedures which should be adopted to improve and upgrade
26 the State's service delivery system for spinal cord and
27 head injured citizens of this State;
28 (4) participate in developing and disseminating
29 criteria and standards which may be required for future
30 funding or licensing of facilities, day programs and
31 other specialized services for spinal cord and head
32 injured persons in this State; and
33 (5) report annually to the Governor and the General
34 Assembly on its activities, and on the results of its
SB852 Enrolled -15- LRB9000351MWpcA
1 studies and the recommendations of the Council; and
2 (6) be the advisory board for purposes of federal
3 programs regarding traumatic brain injury.
4 (i) The Department of Human Services may accept on
5 behalf of the Council federal funds, gifts and donations from
6 individuals, private organizations and foundations, and any
7 other funds that may become available.
8 (Source: P.A. 89-507, eff. 7-1-97.)
9 Section 99. Effective date. This Act takes effect on
10 July 1, 1997.