Public Act 90-0453 of the 90th General Assembly
Public Act 90-0453
SB852 Enrolled LRB9000351MWpcA
AN ACT concerning rehabilitation services, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 6.23 as follows:
(20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
(Text of Section taking effect July 1, 1997)
Sec. 6.23. In the Department of Human Services. A State
Rehabilitation Services Advisory Council, hereinafter
referred to as the Council, is hereby established for the
purpose of advising the Secretary and the vocational
rehabilitation administrator of the provisions of the federal
Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990 in matters concerning individuals
with disabilities and the provision of rehabilitation
services. The Council shall consist of 23 members appointed
by the Governor after soliciting recommendations from
representatives of organizations representing a broad range
of individuals with disabilities and organizations interested
in individuals with disabilities. The Governor shall appoint
to this Council the following:
(1) One representative of a parent training center
established in accordance with the federal Individuals
with Disabilities Education Act.
(2) One representative of the client assistance
program.
(3) One vocational rehabilitation counselor who has
knowledge of and experience with vocational
rehabilitation programs. (If an employee of the
Department is appointed, that appointee shall serve as an
ex officio, nonvoting member.)
(4) One representative of community rehabilitation
program service providers.
(5) Four representatives of business, industry, and
labor.
(6) Eight representatives of disability advocacy
groups representing a cross section of the following:
(A) individuals with physical, cognitive,
sensory, and mental disabilities; and
(B) parents, family members, guardians,
advocates, or authorized representative of
individuals with disabilities who have difficulty in
representing themselves or who are unable, due to
their disabilities, to represent themselves.
(7) One current or former applicant for, or
recipient of, vocational rehabilitation services.
(8) Three representatives from secondary or higher
education.
The chairperson of, or a member designated by, the Statewide
Independent Living Council created under Section 12a of the
Disabled Persons Rehabilitation Act, the chairperson of the
Blind Services Planning Council created under the Bureau for
the Blind Act, and the vocational rehabilitation
administrator Secretary of Human Services shall serve as ex
officio members.
The Council shall select a Chairperson.
The Chairperson and at least 11 other members of the
Council shall have a recognized disability. One member shall
be a senior citizen age 60 or over. A majority of the
Council members shall not be employees of the Department of
Human Services. Current members of the Rehabilitation
Services Advisory Council shall serve until members of the
newly created Council are appointed.
The terms of all members appointed before the effective
date of this amendatory Act of 1993 shall expire on July 1,
1993. The members first appointed under this amendatory Act
of 1993 shall be appointed to serve for staggered terms
beginning July 1, 1993, as follows: 7 members shall be
appointed for terms of 3 years, 7 members shall be appointed
for terms of 2 years, and 6 members shall be appointed for
terms of one year. Thereafter, all appointments shall be for
terms of 3 years. Vacancies shall be filled for the
unexpired term. Members shall serve until their successors
are appointed and qualified. No member shall serve for more
than 2 full terms.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council.
The Council shall meet at least 4 times per year at times
and places designated by the Chairman upon 10 days written
notice to the members. Special meetings may be called by the
Chairperson or 7 members of the Council upon 7 days written
notice to the other members. Nine members Twelve members
shall constitute a quorum. No member of the Council shall
cast a vote on any matter that would provide direct financial
benefit to the member or otherwise give the appearance of a
conflict of interest under Illinois law.
The Council shall prepare and submit to the vocational
rehabilitation administrator Director such reports and
findings as he may request or as the Council deems fit. The
Council shall select jointly with the vocational
rehabilitation administrator Department a pool of qualified
persons to serve as impartial hearing officers.
To the extent that there is a disagreement between the
Council and the unit within the Department of Human Services
responsible for the administration of the vocational
rehabilitation program, regarding the resources necessary to
carry out the functions of the Council as set forth in this
Section, the disagreement shall be resolved by the Governor.
(Source: P.A. 88-10; 89-507, eff. 7-1-97.)
Section 10. The Disabled Persons Rehabilitation Act is
amended by changing Sections 1b and 12a as follows:
(20 ILCS 2405/1b) (from Ch. 23, par. 3432)
(Text of Section after amendment by P.A. 89-507)
Sec. 1b. For the purpose of this Act, the term "person
with one or more disabilities" means any person who, by
reason of a physical or mental impairment, is or may be
expected to be totally or partially incapacitated for
independent living or gainful employment; the term
"rehabilitation" or "habilitation" means those vocational or
other appropriate services which increase the opportunities
for independent functioning or gainful employment; the term
"comprehensive rehabilitation" means those services necessary
and appropriate for increasing the potential for independent
living or gainful employment as applicable; the term
"vocational rehabilitation administrator" means the head of
the designated State unit within the Department responsible
for administration of rehabilitation services provided for in
this Act, including but not limited to the administration of
the federal Rehabilitation Act; the term "Department" means
the Department of Human Services; and the term "Secretary"
means the Secretary of Human Services.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
(Text of Section taking effect July 1, 1997)
Sec. 12a. Centers for independent living.
(a) Purpose. Recognizing that persons with severe
disabilities deserve a high quality of life within their
communities regardless of their disabilities, the Department,
working with the Statewide Independent Living Council, shall
develop a State plan for submission on an annual basis to the
Commissioner. The Department shall adopt rules for
implementing the State plan in accordance with the federal
Act, including rules adopted under the federal Act governing
the award of grants.
(b) Definitions. As used in this Section, unless the
context clearly requires otherwise:
"Federal Act" means the federal 1973 Rehabilitation Act.
"Center for independent living" means a consumer
controlled, community based, cross-disability,
non-residential, private non-profit agency that is designated
and operated within a local community by individuals with
disabilities and provides an array of independent living
services.
"Consumer controlled" means that the center for
independent living vests power and authority in individuals
with disabilities and that at least 51% of the directors of
the center are persons with one or more disabilities as
defined by this Act.
"Commissioner" means the Commissioner of the
Rehabilitation Services Administration in the United States
Department of Health and Human Services.
"Council" means the Statewide Independent Living Council
appointed under subsection (d).
"Individual with a disability" means any individual who
has a physical or mental impairment that substantially limits
a major life activity, has a record of such an impairment, or
is regarded as having such an impairment.
"Individual with a severe disability" means an individual
with a severe physical or mental impairment, whose ability to
function independently in the family or community or whose
ability to obtain, maintain, or advance in employment is
substantially limited and for whom the delivery of
independent living services will improve the ability to
function, continue functioning, or move toward functioning
independently in the family or community or to continue in
employment.
"State plan" means the materials submitted by the
Department to the Commissioner on an annual basis that
contain the State's proposal for:
(1) The provision of statewide independent living
services.
(2) The development and support of a statewide
network of centers for independent living.
(3) Working relationships between (i) programs
providing independent living services and independent
living centers and (ii) the vocational rehabilitation
program administered by the Department under the federal
Act and other programs providing services for individuals
with disabilities.
(c) Authority. The unit of the Department headed by the
vocational rehabilitation administrator shall be designated
the State unit under Title VII of the federal Act and shall
have the following responsibilities:
(1) To receive, account for, and disburse funds
received by the State under the federal Act based on the
State plan.
(2) To provide administrative support services to
centers for independent living programs.
(3) To keep records, and take such actions with
respect to those records, as the Commissioner finds to be
necessary with respect to the programs.
(4) To submit additional information or provide
assurances the Commissioner may require with respect to
the programs.
The vocational rehabilitation administrator Secretary and the
Chairperson of the Council are responsible for jointly
developing and signing the State plan required by Section 704
of the federal Act. The State plan shall conform to the
requirements of Section 704 of the federal Act.
(d) Statewide Independent Living Council.
The Governor shall appoint a Statewide Independent Living
Council, comprised of 18 members, which shall be established
as an entity separate and distinct from the Department. The
composition of the Council shall include the following:
(1) At least one director of a center for
independent living chosen by the directors of centers for
independent living within the State.
(2) 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 in the Department
of Human Services that provides services for individuals
with disabilities Two representatives of the Department
and a representative each from the Department on Aging,
the State Board of Education, and the Department of
Children and Family Services, all as ex-officio,
non-voting members who shall not be counted in the 18
members appointed by the Governor.
In addition, the Council may include the following:
(A) One or more representatives of centers for
independent living.
(B) One or more parents or guardians of individuals
with disabilities.
(C) One or more advocates for individuals with
disabilities.
(D) One or more representatives of private
business.
(E) One or more representatives of organizations
that provide services for individuals with disabilities.
(F) Other appropriate individuals.
After soliciting recommendations from organizations
representing a broad range of individuals with disabilities
and organizations interested in individuals with
disabilities, the Governor shall appoint members of the
Council for terms beginning July 1, 1993. The Council shall
be composed of members (i) who provide statewide
representation; (ii) who represent a broad range of
individuals with disabilities; (iii) who are knowledgeable
about centers for independent living and independent living
services; and (iv) a majority of whom are persons who are
individuals with disabilities and are not employed by any
State agency or center for independent living. The terms of
all members of the Independent Living Advisory Council who
were appointed for terms beginning before July 1, 1993, shall
expire on July 1, 1993.
The council shall elect a chairperson from among its
membership.
Each member of the Council shall serve for terms of 3
years, except that (i) a member appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor was appointed shall be appointed for the
remainder of that term and (ii) terms of the members
initially appointed after the effective date of this
amendatory Act of 1993 shall be as follows: 6 of the
initial members shall be appointed for terms of one year, 6
shall be appointed for terms of 2 years, and 6 shall be
appointed for terms of 3 years. No member of the council may
serve more than 2 consecutive full terms.
Any vacancy occurring in the membership of the Council
shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the powers and duties of the
Council. The Council shall have the duties enumerated in
subsections (c), (d), and (e) of Section 705 of the federal
Act.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance
services, and a member who is not employed or who must
forfeit wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council. The reimbursement or compensation
shall be paid from moneys made available to the Department
under Part B of Title VII of the federal Act.
In addition to the powers and duties granted to advisory
boards by Section 8 of the Civil Administrative Code of
Illinois, the Council shall have the authority to appoint
jointly with the vocational rehabilitation administrator
Secretary a peer review committee to consider and make
recommendations for grants to eligible centers for
independent living.
(e) Grants to centers for independent living. Each
center for independent living that receives assistance from
the Department under this Section shall comply with the
standards and provide and comply with the assurances that are
set forth in the State plan and consistent with Section 725
of the federal Act. Each center for independent living
receiving financial assistance from the Department shall
provide satisfactory assurances at the time and in the manner
the vocational rehabilitation administrator Secretary
requires.
Beginning October 1, 1994, the vocational rehabilitation
administrator Secretary may award grants to any eligible
center for independent living that is receiving funds under
Title VII of the federal Act, unless the vocational
rehabilitation administrator Secretary makes a finding that
the center for independent living fails to comply with the
standards and assurances set forth in Section 725 of the
federal Act.
If there is no center for independent living serving a
region of the State or the region is underserved, and the
State receives a federal increase in its allotment sufficient
to support one or more additional centers for independent
living in the State, the vocational rehabilitation
administrator Secretary may award a grant under this
subsection to one or more eligible agencies, consistent with
the provisions of the State plan setting forth the design of
the State for establishing a statewide network for centers
for independent living.
In selecting from among eligible agencies in awarding a
grant under this subsection for a new center for independent
living, the vocational rehabilitation administrator Secretary
and the chairperson of (or other individual designated by)
the Council acting on behalf of and at the direction of the
Council shall jointly appoint a peer review committee that
shall rank applications in accordance with the standards and
assurances set forth in Section 725 of the federal Act and
criteria jointly established by the vocational rehabilitation
administrator Secretary and the chairperson or designated
individual. The peer review committee shall consider the
ability of the applicant to operate a center for independent
living and shall recommend an applicant to receive a grant
under this subsection based on the following:
(1) Evidence of the need for a center for
independent living, consistent with the State plan.
(2) Any past performance of the applicant in
providing services comparable to independent living
services.
(3) The applicant's plan for complying with, or
demonstrated success in complying with, the standards and
assurances set forth in Section 725 of the federal Act.
(4) The quality of key personnel of the applicant
and the involvement of individuals with severe
disabilities by the applicant.
(5) The budgets and cost effectiveness of the
applicant.
(6) The evaluation plan of the applicant.
(7) The ability of the applicant to carry out the
plan.
The vocational rehabilitation administrator Secretary
shall award the grant on the basis of the recommendation of
the peer review committee if the actions of the committee are
consistent with federal and State law.
(f) Evaluation and review. The vocational
rehabilitation administrator Secretary shall periodically
review each center for independent living that receives funds
from the Department under Title VII of the federal Act, or
moneys appropriated from the General Revenue Fund, to
determine whether the center is in compliance with the
standards and assurances set forth in Section 725 of the
federal Act. If the vocational rehabilitation administrator
Secretary determines that any center receiving those federal
or State funds is not in compliance with the standards and
assurances set forth in Section 725, the vocational
rehabilitation administrator Secretary shall immediately
notify the center that it is out of compliance. The
vocational rehabilitation administrator Secretary shall
terminate all funds to that center 90 days after the date of
notification or, in the case of a center that requests an
appeal, the date of any final decision, unless the center
submits a plan to achieve compliance within 90 days and that
plan is approved by the vocational rehabilitation
administrator Secretary or 198 (if on appeal) by the
Commissioner.
(Source: P.A. 88-10; 89-507, eff. 7-1-97.)
Section 15. The Head and Spinal Cord Injury Act is
amended by changing Section 6 as follows:
(410 ILCS 515/6) (from Ch. 111 1/2, par. 7856)
(Text of Section taking effect July 1, 1997)
Sec. 6. (a) There is hereby created the Advisory Council
on Spinal Cord and Head Injuries within the Department of
Human Services. The Council shall consist of 29 members, .
Two members shall be appointed by each of 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 The remaining 21 members shall
be appointed by the Governor with the advice and consent of
the Senate. These 21 members shall determine by lot which 7
are to have one-year terms, which 7 are to have 2-year terms,
and which 7 are to have 3-year terms. Thereafter, the
successors to each of These 21 Members shall serve 3-year
terms and until their successors are appointed by the
Governor with the advice and consent of the Senate. The
members appointed by the Governor shall include 2
neurosurgeons, 2 orthopedic surgeons, 2 rehabilitation
specialists, one of whom shall be a registered nurse, 4
persons with head injuries or family members of persons with
head injuries, 4 persons with spinal cord injuries or family
members of persons with spinal cord injuries, a
representative of an Illinois college or university, and a
representative from health institutions or private industry.
These members shall not serve more than 2 consecutive 3-year
terms. The Governor shall appoint one individual from each
of the following entities to the Council as ex-officio
members: the unit of the Department of Human Services that is
responsible for the administration of the vocational
rehabilitation program, another unit within the Department of
Human Services that provides services for individuals with
disabilities, the State Board of Education, the Department of
Public Health, the Department of Insurance, the Department of
Public Aid, the Division of Specialized Care for Children of
the University of Illinois, the Statewide Independent Living
Council, and the State Rehabilitation Advisory Council.
Ex-officio members are not subject to limit of 2 consecutive
3-year terms. and a representative of each of the following:
(1) an Illinois college or university, (2) health
institutions or private industry, (3) the Department of Human
Services , (4) the State Board of Education, (5) the
Department of Public Health, (6)the Department of Insurance,
and (7) the Department of Public Aid. The appointment of
individuals representing State agencies shall be conditioned
on their continued employment with their respective agencies.
(b) From funds appropriated for such purpose, the
Department of Human Services shall provide to the Council the
necessary staff and expenses to carry out the duties and
responsibilities assigned by the Council. Such staff shall
consist of a director and other support staff.
(c) Meetings shall be held at least every 90 days or at
the call of the Council chairman, who shall be elected by the
Council.
(d) Each member shall be reimbursed for reasonable and
necessary expenses actually incurred in the performance of
his official duties.
(e) The Council shall adopt written procedures to govern
its activities. Consultants shall be provided for the Council
from appropriations made for such purpose.
(f) The Council shall make recommendations to the
Governor for developing and administering a State plan to
provide services for spinal cord and head injured persons.
(g) No member of the Council may participate in or seek
to influence a decision or vote of the Council if the member
would be directly involved with the matter or if he would
derive income from it. A violation of this prohibition shall
be grounds for a person to be removed as a member of the
Council by the Governor.
(h) The Council shall:
(1) promote meetings and programs for the
discussion of reducing the debilitating effects of spinal
cord and head injuries and disseminate information in
cooperation with any other department, agency or entity
on the prevention, evaluation, care, treatment and
rehabilitation of persons affected by spinal cord and
head injuries;
(2) study and review current prevention,
evaluation, care, treatment and rehabilitation
technologies and recommend appropriate preparation,
training, retraining and distribution of manpower and
resources in the provision of services to spinal cord and
head injured persons through private and public
residential facilities, day programs and other
specialized services;
(3) recommend specific methods, means and
procedures which should be adopted to improve and upgrade
the State's service delivery system for spinal cord and
head injured citizens of this State;
(4) participate in developing and disseminating
criteria and standards which may be required for future
funding or licensing of facilities, day programs and
other specialized services for spinal cord and head
injured persons in this State; and
(5) report annually to the Governor and the General
Assembly on its activities, and on the results of its
studies and the recommendations of the Council; and
(6) be the advisory board for purposes of federal
programs regarding traumatic brain injury.
(i) The Department of Human Services may accept on
behalf of the Council federal funds, gifts and donations from
individuals, private organizations and foundations, and any
other funds that may become available.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 99. Effective date. This Act takes effect on
July 1, 1997.