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90_SB0852eng
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
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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 vocational rehabilitation
13 administrator as defined in the Disabled Persons
14 Rehabilitation Act in matters of the provisions of the
15 federal Rehabilitation Act of 1973 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
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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
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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. Fifty percent of the members
24 appointed and confirmed Twelve members shall constitute a
25 quorum. No member of the Council shall cast a vote on any
26 matter that would provide direct financial benefit to the
27 member or otherwise give the appearance of a conflict of
28 interest under Illinois law.
29 The Council shall prepare and submit to the vocational
30 rehabilitation administrator Director such reports and
31 findings as he may request or as the Council deems fit. The
32 Council shall select jointly with the vocational
33 rehabilitation administrator Department a pool of qualified
34 persons to serve as impartial hearing officers.
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1 To the extent that there is a disagreement between the
2 Council and the unit within the Department of Human Services
3 responsible for the administration of the vocational
4 rehabilitation program, regarding the resources necessary to
5 carry out the functions of the Council as set forth in this
6 Section, the disagreement shall be resolved by the Governor.
7 (Source: P.A. 88-10; 89-507, eff. 7-1-97.)
8 Section 10. The Disabled Persons Rehabilitation Act is
9 amended by changing Sections 1b and 12a as follows:
10 (20 ILCS 2405/1b) (from Ch. 23, par. 3432)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 1b. For the purpose of this Act, the term "person
13 with one or more disabilities" means any person who, by
14 reason of a physical or mental impairment, is or may be
15 expected to be totally or partially incapacitated for
16 independent living or gainful employment; the term
17 "rehabilitation" or "habilitation" means those vocational or
18 other appropriate services which increase the opportunities
19 for independent functioning or gainful employment; the term
20 "comprehensive rehabilitation" means those services necessary
21 and appropriate for increasing the potential for independent
22 living or gainful employment as applicable; the term
23 "vocational rehabilitation administrator" means the head of
24 the designated State unit within the Department responsible
25 for administration of rehabilitation services provided for in
26 this Act, including but not limited to the administration of
27 the federal Rehabilitation Act; the term "Department" means
28 the Department of Human Services; and the term "Secretary"
29 means the Secretary of Human Services.
30 (Source: P.A. 89-507, eff. 7-1-97.)
31 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
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1 (Text of Section taking effect July 1, 1997)
2 Sec. 12a. Centers for independent living.
3 (a) Purpose. Recognizing that persons with severe
4 disabilities deserve a high quality of life within their
5 communities regardless of their disabilities, the Department,
6 working with the Statewide Independent Living Council, shall
7 develop a State plan for submission on an annual basis to the
8 Commissioner. The Department shall adopt rules for
9 implementing the State plan in accordance with the federal
10 Act, including rules adopted under the federal Act governing
11 the award of grants.
12 (b) Definitions. As used in this Section, unless the
13 context clearly requires otherwise:
14 "Federal Act" means the federal 1973 Rehabilitation Act.
15 "Center for independent living" means a consumer
16 controlled, community based, cross-disability,
17 non-residential, private non-profit agency that is designated
18 and operated within a local community by individuals with
19 disabilities and provides an array of independent living
20 services.
21 "Consumer controlled" means that the center for
22 independent living vests power and authority in individuals
23 with disabilities and that at least 51% of the directors of
24 the center are persons with one or more disabilities as
25 defined by this Act.
26 "Commissioner" means the Commissioner of the
27 Rehabilitation Services Administration in the United States
28 Department of Health and Human Services.
29 "Council" means the Statewide Independent Living Council
30 appointed under subsection (d).
31 "Individual with a disability" means any individual who
32 has a physical or mental impairment that substantially limits
33 a major life activity, has a record of such an impairment, or
34 is regarded as having such an impairment.
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1 "Individual with a severe disability" means an individual
2 with a severe physical or mental impairment, whose ability to
3 function independently in the family or community or whose
4 ability to obtain, maintain, or advance in employment is
5 substantially limited and for whom the delivery of
6 independent living services will improve the ability to
7 function, continue functioning, or move toward functioning
8 independently in the family or community or to continue in
9 employment.
10 "State plan" means the materials submitted by the
11 Department to the Commissioner on an annual basis that
12 contain the State's proposal for:
13 (1) The provision of statewide independent living
14 services.
15 (2) The development and support of a statewide
16 network of centers for independent living.
17 (3) Working relationships between (i) programs
18 providing independent living services and independent
19 living centers and (ii) the vocational rehabilitation
20 program administered by the Department under the federal
21 Act and other programs providing services for individuals
22 with disabilities.
23 (c) Authority. The unit of the Department headed by the
24 vocational rehabilitation administrator shall be designated
25 the State unit under Title VII of the federal Act and shall
26 have the following responsibilities:
27 (1) To receive, account for, and disburse funds
28 received by the State under the federal Act based on the
29 State plan.
30 (2) To provide administrative support services to
31 centers for independent living programs.
32 (3) To keep records, and take such actions with
33 respect to those records, as the Commissioner finds to be
34 necessary with respect to the programs.
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1 (4) To submit additional information or provide
2 assurances the Commissioner may require with respect to
3 the programs.
4 The vocational rehabilitation administrator Secretary and the
5 Chairperson of the Council are responsible for jointly
6 developing and signing the State plan required by Section 704
7 of the federal Act. The State plan shall conform to the
8 requirements of Section 704 of the federal Act.
9 (d) Statewide Independent Living Council.
10 The Governor shall appoint a Statewide Independent Living
11 Council, comprised of 18 members, which shall be established
12 as an entity separate and distinct from the Department. The
13 composition of the Council shall include the following:
14 (1) At least one director of a center for
15 independent living chosen by the directors of centers for
16 independent living within the State.
17 (2) A representative from the unit of the
18 Department of Human Services responsible for the
19 administration of the vocational rehabilitation program
20 and a representative from another unit in the Department
21 of Human Services that provides services for individuals
22 with disabilities Two representatives of the Department
23 and a representative each from the Department on Aging,
24 the State Board of Education, and the Department of
25 Children and Family Services, all as ex-officio,
26 non-voting members who shall not be counted in the 18
27 members appointed by the Governor.
28 In addition, the Council may include the following:
29 (A) One or more representatives of centers for
30 independent living.
31 (B) One or more parents or guardians of individuals
32 with disabilities.
33 (C) One or more advocates for individuals with
34 disabilities.
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1 (D) One or more representatives of private
2 business.
3 (E) One or more representatives of organizations
4 that provide services for individuals with disabilities.
5 (F) Other appropriate individuals.
6 After soliciting recommendations from organizations
7 representing a broad range of individuals with disabilities
8 and organizations interested in individuals with
9 disabilities, the Governor shall appoint members of the
10 Council for terms beginning July 1, 1993. The Council shall
11 be composed of members (i) who provide statewide
12 representation; (ii) who represent a broad range of
13 individuals with disabilities; (iii) who are knowledgeable
14 about centers for independent living and independent living
15 services; and (iv) a majority of whom are persons who are
16 individuals with disabilities and are not employed by any
17 State agency or center for independent living. The terms of
18 all members of the Independent Living Advisory Council who
19 were appointed for terms beginning before July 1, 1993, shall
20 expire on July 1, 1993.
21 The council shall elect a chairperson from among its
22 membership.
23 Each member of the Council shall serve for terms of 3
24 years, except that (i) a member appointed to fill a vacancy
25 occurring before the expiration of the term for which the
26 predecessor was appointed shall be appointed for the
27 remainder of that term and (ii) terms of the members
28 initially appointed after the effective date of this
29 amendatory Act of 1993 shall be as follows: 6 of the
30 initial members shall be appointed for terms of one year, 6
31 shall be appointed for terms of 2 years, and 6 shall be
32 appointed for terms of 3 years. No member of the council may
33 serve more than 2 consecutive full terms.
34 Any vacancy occurring in the membership of the Council
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1 shall be filled in the same manner as the original
2 appointment. The vacancy shall not affect the power of the
3 remaining members to execute the powers and duties of the
4 Council. The Council shall have the duties enumerated in
5 subsections (c), (d), and (e) of Section 705 of the federal
6 Act.
7 Members shall be reimbursed for their actual expenses
8 incurred in the performance of their duties, including
9 expenses for travel, child care, and personal assistance
10 services, and a member who is not employed or who must
11 forfeit wages from other employment shall be paid reasonable
12 compensation for each day the member is engaged in performing
13 the duties of the Council. The reimbursement or compensation
14 shall be paid from moneys made available to the Department
15 under Part B of Title VII of the federal Act.
16 In addition to the powers and duties granted to advisory
17 boards by Section 8 of the Civil Administrative Code of
18 Illinois, the Council shall have the authority to appoint
19 jointly with the vocational rehabilitation administrator
20 Secretary a peer review committee to consider and make
21 recommendations for grants to eligible centers for
22 independent living.
23 (e) Grants to centers for independent living. Each
24 center for independent living that receives assistance from
25 the Department under this Section shall comply with the
26 standards and provide and comply with the assurances that are
27 set forth in the State plan and consistent with Section 725
28 of the federal Act. Each center for independent living
29 receiving financial assistance from the Department shall
30 provide satisfactory assurances at the time and in the manner
31 the vocational rehabilitation administrator Secretary
32 requires.
33 Beginning October 1, 1994, the vocational rehabilitation
34 administrator Secretary may award grants to any eligible
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1 center for independent living that is receiving funds under
2 Title VII of the federal Act, unless the vocational
3 rehabilitation administrator Secretary makes a finding that
4 the center for independent living fails to comply with the
5 standards and assurances set forth in Section 725 of the
6 federal Act.
7 If there is no center for independent living serving a
8 region of the State or the region is underserved, and the
9 State receives a federal increase in its allotment sufficient
10 to support one or more additional centers for independent
11 living in the State, the vocational rehabilitation
12 administrator Secretary may award a grant under this
13 subsection to one or more eligible agencies, consistent with
14 the provisions of the State plan setting forth the design of
15 the State for establishing a statewide network for centers
16 for independent living.
17 In selecting from among eligible agencies in awarding a
18 grant under this subsection for a new center for independent
19 living, the vocational rehabilitation administrator Secretary
20 and the chairperson of (or other individual designated by)
21 the Council acting on behalf of and at the direction of the
22 Council shall jointly appoint a peer review committee that
23 shall rank applications in accordance with the standards and
24 assurances set forth in Section 725 of the federal Act and
25 criteria jointly established by the vocational rehabilitation
26 administrator Secretary and the chairperson or designated
27 individual. The peer review committee shall consider the
28 ability of the applicant to operate a center for independent
29 living and shall recommend an applicant to receive a grant
30 under this subsection based on the following:
31 (1) Evidence of the need for a center for
32 independent living, consistent with the State plan.
33 (2) Any past performance of the applicant in
34 providing services comparable to independent living
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1 services.
2 (3) The applicant's plan for complying with, or
3 demonstrated success in complying with, the standards and
4 assurances set forth in Section 725 of the federal Act.
5 (4) The quality of key personnel of the applicant
6 and the involvement of individuals with severe
7 disabilities by the applicant.
8 (5) The budgets and cost effectiveness of the
9 applicant.
10 (6) The evaluation plan of the applicant.
11 (7) The ability of the applicant to carry out the
12 plan.
13 The vocational rehabilitation administrator Secretary
14 shall award the grant on the basis of the recommendation of
15 the peer review committee if the actions of the committee are
16 consistent with federal and State law.
17 (f) Evaluation and review. The vocational
18 rehabilitation administrator Secretary shall periodically
19 review each center for independent living that receives funds
20 from the Department under Title VII of the federal Act, or
21 moneys appropriated from the General Revenue Fund, to
22 determine whether the center is in compliance with the
23 standards and assurances set forth in Section 725 of the
24 federal Act. If the vocational rehabilitation administrator
25 Secretary determines that any center receiving those federal
26 or State funds is not in compliance with the standards and
27 assurances set forth in Section 725, the vocational
28 rehabilitation administrator Secretary shall immediately
29 notify the center that it is out of compliance. The
30 vocational rehabilitation administrator Secretary shall
31 terminate all funds to that center 90 days after the date of
32 notification or, in the case of a center that requests an
33 appeal, the date of any final decision, unless the center
34 submits a plan to achieve compliance within 90 days and that
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1 plan is approved by the vocational rehabilitation
2 administrator Secretary or 198 (if on appeal) by the
3 Commissioner.
4 (Source: P.A. 88-10; 89-507, eff. 7-1-97.)
5 Section 15. The Head and Spinal Cord Injury Act is
6 amended by changing Section 6 as follows:
7 (410 ILCS 515/6) (from Ch. 111 1/2, par. 7856)
8 (Text of Section taking effect July 1, 1997)
9 Sec. 6. (a) There is hereby created the Advisory Council
10 on Spinal Cord and Head Injuries within the Department of
11 Human Services. The Council shall consist of 30 29 members.
12 Two members shall be appointed by each of the Speaker of the
13 House of Representatives, the President of the Senate, the
14 Minority Leader of the House of Representatives and the
15 Minority Leader of the Senate for terms of 3 years. The
16 remaining 22 21 members shall be appointed by the Governor
17 with the advice and consent of the Senate. These 22 21
18 members shall determine by lot which 7 are to have one-year
19 terms, which 7 are to have 2-year terms, and which 7 are to
20 have 3-year terms. Thereafter, the successors to each of
21 these 21 members shall serve 3-year terms and until their
22 successors are appointed by the Governor with the advice and
23 consent of the Senate. No member, whether appointed by the
24 Speaker of the House of Representatives, the President of the
25 Senate, the Minority Leader of the House of Representatives,
26 the Minority Leader of the Senate, or the Governor, shall
27 serve more than 6 consecutive years. The members appointed by
28 the Governor shall include 2 neurosurgeons, 2 orthopedic
29 surgeons, 2 rehabilitation specialists, one of whom shall be
30 a registered nurse, 4 persons with head injuries or family
31 members of persons with head injuries, 4 persons with spinal
32 cord injuries or family members of persons with spinal cord
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1 injuries, and a representative of each of the following: (1)
2 an Illinois college or university, (2) health institutions or
3 private industry, (3) the unit in the Department of Human
4 Services that is responsible for the administration of the
5 vocational rehabilitation program, (4) another unit within
6 the Department of Human Services that provides services for
7 individuals with disabilities, (5) (4) the State Board of
8 Education, (6) (5) the Department of Public Health, (7) (6)
9 the Department of Insurance, and (8) (7) the Department of
10 Public Aid. The appointment of individuals representing
11 State agencies shall be conditioned on their continued
12 employment with their respective agencies.
13 (b) From funds appropriated for such purpose, the
14 Department of Human Services shall provide to the Council the
15 necessary staff and expenses to carry out the duties and
16 responsibilities assigned by the Council. Such staff shall
17 consist of a director and other support staff.
18 (c) Meetings shall be held at least every 90 days or at
19 the call of the Council chairman, who shall be elected by the
20 Council.
21 (d) Each member shall be reimbursed for reasonable and
22 necessary expenses actually incurred in the performance of
23 his official duties.
24 (e) The Council shall adopt written procedures to govern
25 its activities. Consultants shall be provided for the Council
26 from appropriations made for such purpose.
27 (f) The Council shall make recommendations to the
28 Governor for developing and administering a State plan to
29 provide services for spinal cord and head injured persons.
30 (g) No member of the Council may participate in or seek
31 to influence a decision or vote of the Council if the member
32 would be directly involved with the matter or if he would
33 derive income from it. A violation of this prohibition shall
34 be grounds for a person to be removed as a member of the
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1 Council by the Governor.
2 (h) The Council shall:
3 (1) promote meetings and programs for the
4 discussion of reducing the debilitating effects of spinal
5 cord and head injuries and disseminate information in
6 cooperation with any other department, agency or entity
7 on the prevention, evaluation, care, treatment and
8 rehabilitation of persons affected by spinal cord and
9 head injuries;
10 (2) study and review current prevention,
11 evaluation, care, treatment and rehabilitation
12 technologies and recommend appropriate preparation,
13 training, retraining and distribution of manpower and
14 resources in the provision of services to spinal cord and
15 head injured persons through private and public
16 residential facilities, day programs and other
17 specialized services;
18 (3) recommend specific methods, means and
19 procedures which should be adopted to improve and upgrade
20 the State's service delivery system for spinal cord and
21 head injured citizens of this State;
22 (4) participate in developing and disseminating
23 criteria and standards which may be required for future
24 funding or licensing of facilities, day programs and
25 other specialized services for spinal cord and head
26 injured persons in this State; and
27 (5) report annually to the Governor and the General
28 Assembly on its activities, and on the results of its
29 studies and the recommendations of the Council; and
30 (6) be the advisory board for purposes of federal
31 programs regarding traumatic brain injury.
32 (i) The Department of Human Services may accept on
33 behalf of the Council federal funds, gifts and donations from
34 individuals, private organizations and foundations, and any
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1 other funds that may become available.
2 (Source: P.A. 89-507, eff. 7-1-97.)
3 Section 99. Effective date. This Act takes effect on
4 July 1, 1997.