Full Text of SB3431 101st General Assembly
SB3431sam001 101ST GENERAL ASSEMBLY | Sen. Laura Fine Filed: 3/6/2020
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| 1 | | AMENDMENT TO SENATE BILL 3431
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3431 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Rehabilitation of Persons with | 5 | | Disabilities Act is amended by changing Sections 1b, 3, 5, 5a, | 6 | | 9, 12a, and 13a as follows:
| 7 | | (20 ILCS 2405/1b) (from Ch. 23, par. 3432)
| 8 | | Sec. 1b. Definitions. As used in For the purpose of this | 9 | | Act : , the term | 10 | | " Person person with one or
more disabilities" means a any | 11 | | person who, by reason of a physical or mental
impairment, is or | 12 | | may be expected to require assistance to achieve be totally or | 13 | | partially incapacitated
for independent living or competitive | 14 | | integrated employment. | 15 | | "Vocational rehabilitation" gainful employment; the term | 16 | | "rehabilitation" or
"habilitation" means those vocational or |
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| 1 | | other appropriate services that which
increase the | 2 | | opportunities for competitive integrated employment. | 3 | | "Independent living" independent functioning or gainful
| 4 | | employment; the term "comprehensive rehabilitation" means | 5 | | those services
necessary and appropriate to support community | 6 | | living and independence. | 7 | | "Director" for increasing the potential for independent
| 8 | | living or gainful employment as applicable; the term | 9 | | "vocational
rehabilitation administrator" means the head of | 10 | | the designated State unit
within the Department responsible for | 11 | | administration of rehabilitation and independent living | 12 | | services
provided for in this Act, including but not limited to | 13 | | the administration of
the federal Rehabilitation Act of 1973, | 14 | | as amended by the Workforce Innovation and Opportunity Act. ; | 15 | | the term | 16 | | "Department" means the
Department of Human Services . ; and | 17 | | the term
| 18 | | "Secretary" means the Secretary of
the
Department of Human | 19 | | Services.
| 20 | | (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
| 21 | | (20 ILCS 2405/3) (from Ch. 23, par. 3434)
| 22 | | Sec. 3. Powers and duties. The Department shall have the | 23 | | powers and
duties enumerated
herein:
| 24 | | (a) To cooperate co-operate with the federal | 25 | | government in the administration
of the provisions of the |
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| 1 | | federal Rehabilitation Act of 1973, as amended by ,
of the | 2 | | Workforce
Innovation and Opportunity Act,
and of the | 3 | | federal Social Security Act to the extent and in the manner
| 4 | | provided in these Acts.
| 5 | | (b) To prescribe and supervise such courses of | 6 | | vocational training
and provide such other services as may | 7 | | be necessary for the vocational habilitation
and | 8 | | rehabilitation of persons with one or more disabilities, | 9 | | including the
administrative activities under subsection | 10 | | (e) of this Section ; , and to cooperate
co-operate with | 11 | | State and local school authorities and other recognized
| 12 | | agencies engaged in vocational habilitation, | 13 | | rehabilitation and comprehensive
rehabilitation services; | 14 | | and to cooperate with the Department of Children
and Family | 15 | | Services , the Illinois State Board of Education, and others | 16 | | regarding the care and education of children with one
or | 17 | | more disabilities.
| 18 | | (c) (Blank).
| 19 | | (d) To report in writing, to the Governor, annually on | 20 | | or before the
first day of December, and at such other | 21 | | times and in such manner and
upon such subjects as the | 22 | | Governor may require. The annual report shall
contain (1) | 23 | | information on the programs and activities dedicated to | 24 | | vocational rehabilitation, independent living, and other | 25 | | community services and supports administered by the | 26 | | Director; (2) information on the development of vocational |
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| 1 | | rehabilitation services, independent living services, and | 2 | | supporting services administered by the Director in the | 3 | | State; and (3) information detailing a statement of the | 4 | | existing condition of comprehensive
rehabilitation | 5 | | services, habilitation and rehabilitation in the State;
| 6 | | (2) a statement of suggestions and recommendations with | 7 | | reference to the
development of comprehensive | 8 | | rehabilitation services, habilitation and
rehabilitation | 9 | | in the State; and (3) an itemized statement of the
amounts | 10 | | of money received from federal, State , and other sources, | 11 | | and of
the objects and purposes to which the respective | 12 | | items of these several
amounts have been devoted.
| 13 | | (e) (Blank).
| 14 | | (f) To establish a program of services to prevent the | 15 | | unnecessary
institutionalization of persons in need of | 16 | | long term care and who meet the criteria for blindness or | 17 | | disability as defined by the Social Security Act, thereby | 18 | | enabling them to
remain in their own homes. Such preventive
| 19 | | services include any or all of the following:
| 20 | | (1) personal assistant services;
| 21 | | (2) homemaker services;
| 22 | | (3) home-delivered meals;
| 23 | | (4) adult day care services;
| 24 | | (5) respite care;
| 25 | | (6) home modification or assistive equipment;
| 26 | | (7) home health services;
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| 1 | | (8) electronic home response;
| 2 | | (9) brain injury behavioral/cognitive services;
| 3 | | (10) brain injury habilitation;
| 4 | | (11) brain injury pre-vocational services; or
| 5 | | (12) brain injury supported employment.
| 6 | | The Department shall establish eligibility
standards | 7 | | for such services taking into consideration the unique
| 8 | | economic and social needs of the population for whom they | 9 | | are to
be provided. Such eligibility standards may be based | 10 | | on the recipient's
ability to pay for services; provided, | 11 | | however, that any portion of a
person's income that is | 12 | | equal to or less than the "protected income" level
shall | 13 | | not be considered by the Department in determining | 14 | | eligibility. The
"protected income" level shall be | 15 | | determined by the Department, shall never be
less than the | 16 | | federal poverty standard, and shall be adjusted each year | 17 | | to
reflect changes in the Consumer Price Index For All | 18 | | Urban Consumers as
determined by the United States | 19 | | Department of Labor. The standards must
provide that a | 20 | | person may not have more than $10,000 in assets to be | 21 | | eligible for the services, and the Department may increase | 22 | | or decrease the asset limitation by rule. The Department | 23 | | may not decrease the asset level below $10,000.
| 24 | | The services shall be provided, as established by the
| 25 | | Department by rule, to eligible persons
to prevent | 26 | | unnecessary or premature institutionalization, to
the |
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| 1 | | extent that the cost of the services, together with the
| 2 | | other personal maintenance expenses of the persons, are | 3 | | reasonably
related to the standards established for care in | 4 | | a group facility
appropriate to their condition. These | 5 | | non-institutional
services, pilot projects or experimental | 6 | | facilities may be provided as part of
or in addition to | 7 | | those authorized by federal law or those funded and
| 8 | | administered by the Illinois Department on Aging. The | 9 | | Department shall set rates and fees for services in a fair | 10 | | and equitable manner. Services identical to those offered | 11 | | by the Department on Aging shall be paid at the same rate.
| 12 | | Except as otherwise provided in this paragraph, | 13 | | personal assistants shall be paid at a rate negotiated
| 14 | | between the State and an exclusive representative of | 15 | | personal
assistants under a collective bargaining | 16 | | agreement. In no case
shall the Department pay personal | 17 | | assistants an hourly wage
that is less than the federal | 18 | | minimum wage. Within 30 days after July 6, 2017 (the | 19 | | effective date of Public Act 100-23), the hourly wage paid | 20 | | to personal assistants and individual maintenance home | 21 | | health workers shall be increased by $0.48 per hour.
| 22 | | Solely for the purposes of coverage under the Illinois | 23 | | Public Labor
Relations
Act, personal assistants providing
| 24 | | services under
the Department's Home Services Program | 25 | | shall be considered to be public
employees
and the State of | 26 | | Illinois shall be considered to be their employer as of |
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| 1 | | July 16, 2003 (the
effective date of Public Act 93-204), | 2 | | but not before. Solely for the purposes of coverage under | 3 | | the Illinois Public Labor Relations Act, home care and home | 4 | | health workers who function as personal assistants and | 5 | | individual maintenance home health workers and who also | 6 | | provide services under the Department's Home Services | 7 | | Program shall be considered to be public employees, no | 8 | | matter whether the State provides such services through | 9 | | direct fee-for-service arrangements, with the assistance | 10 | | of a managed care organization or other intermediary, or | 11 | | otherwise, and the State of Illinois shall be considered to | 12 | | be the employer of those persons as of January 29, 2013 | 13 | | (the effective date of Public Act 97-1158), but not before | 14 | | except as otherwise provided under this subsection (f). The | 15 | | State
shall
engage in collective bargaining with an | 16 | | exclusive representative of home care and home health | 17 | | workers who function as personal assistants and individual | 18 | | maintenance home health workers working under the Home | 19 | | Services Program
concerning
their terms and conditions of | 20 | | employment that are within the State's control.
Nothing in
| 21 | | this paragraph shall be understood to limit the right of | 22 | | the persons receiving
services
defined in this Section to | 23 | | hire and fire
home care and home health workers who | 24 | | function as personal assistants
and individual maintenance | 25 | | home health workers working under the Home Services Program | 26 | | or to supervise them within the limitations set by the Home |
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| 1 | | Services Program. The
State
shall not be considered to be | 2 | | the employer of
home care and home health workers who | 3 | | function as personal
assistants and individual maintenance | 4 | | home health workers working under the Home Services Program | 5 | | for any purposes not specifically provided in Public Act | 6 | | 93-204 or Public Act 97-1158, including but not limited to, | 7 | | purposes of vicarious liability
in tort and
purposes of | 8 | | statutory retirement or health insurance benefits. Home | 9 | | care and home health workers who function as personal | 10 | | assistants and individual maintenance home health workers | 11 | | and who also provide services under the Department's Home | 12 | | Services Program shall not be covered by the State | 13 | | Employees Group
Insurance Act
of 1971.
| 14 | | The Department shall execute, relative to nursing home | 15 | | prescreening, as authorized by Section 4.03 of the Illinois | 16 | | Act on the Aging,
written inter-agency agreements with the | 17 | | Department on Aging and
the Department of Healthcare and | 18 | | Family Services, to effect the intake procedures
and | 19 | | eligibility criteria for those persons who may need long | 20 | | term care. On and after July 1, 1996, all nursing
home | 21 | | prescreenings for individuals 18 through 59 years of age | 22 | | shall be
conducted by the Department, or a designee of the
| 23 | | Department.
| 24 | | The Department is authorized to establish a system of | 25 | | recipient cost-sharing
for services provided under this | 26 | | Section. The cost-sharing shall be based upon
the |
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| 1 | | recipient's ability to pay for services, but in no case | 2 | | shall the
recipient's share exceed the actual cost of the | 3 | | services provided. Protected
income shall not be | 4 | | considered by the Department in its determination of the
| 5 | | recipient's ability to pay a share of the cost of services. | 6 | | The level of
cost-sharing shall be adjusted each year to | 7 | | reflect changes in the "protected
income" level. The | 8 | | Department shall deduct from the recipient's share of the
| 9 | | cost of services any money expended by the recipient for | 10 | | disability-related
expenses.
| 11 | | To the extent permitted under the federal Social | 12 | | Security Act, the Department, or the Department's | 13 | | authorized representative, may recover
the amount of | 14 | | moneys expended for services provided to or in behalf of a | 15 | | person
under this Section by a claim against the person's | 16 | | estate or against the estate
of the person's surviving | 17 | | spouse, but no recovery may be had until after the
death of | 18 | | the surviving spouse, if any, and then only at such time | 19 | | when there is
no surviving child who is under age 21 or | 20 | | blind or who has a permanent and total disability. This | 21 | | paragraph, however, shall not bar recovery, at the death of | 22 | | the
person, of moneys for services provided to the person | 23 | | or in behalf of the
person under this Section to which the | 24 | | person was not entitled; provided that
such recovery shall | 25 | | not be enforced against any real estate while
it is | 26 | | occupied as a homestead by the surviving spouse or other |
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| 1 | | dependent, if no
claims by other creditors have been filed | 2 | | against the estate, or, if such
claims have been filed, | 3 | | they remain dormant for failure of prosecution or
failure | 4 | | of the claimant to compel administration of the estate for | 5 | | the purpose
of payment. This paragraph shall not bar | 6 | | recovery from the estate of a spouse,
under Sections 1915 | 7 | | and 1924 of the Social Security Act and Section 5-4 of the
| 8 | | Illinois Public Aid Code, who precedes a person receiving | 9 | | services under this
Section in death. All moneys for | 10 | | services
paid to or in behalf of the person under this | 11 | | Section shall be claimed for
recovery from the deceased | 12 | | spouse's estate. "Homestead", as used in this
paragraph, | 13 | | means the dwelling house and
contiguous real estate | 14 | | occupied by a surviving spouse or relative, as defined
by | 15 | | the rules and regulations of the Department of Healthcare | 16 | | and Family Services,
regardless of the value of the | 17 | | property.
| 18 | | The Department shall submit an annual report on | 19 | | programs and
services provided under this Section. The | 20 | | report shall be filed
with the Governor and the General | 21 | | Assembly on or before March
30
each year.
| 22 | | The requirement for reporting to the General Assembly | 23 | | shall be satisfied
by filing copies of the report
as | 24 | | required by Section 3.1 of the General Assembly | 25 | | Organization Act, and filing
additional copies with the | 26 | | State
Government Report Distribution Center for the |
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| 1 | | General Assembly as
required under paragraph (t) of Section | 2 | | 7 of the State Library Act.
| 3 | | (g) To establish such subdivisions of the Department
as | 4 | | shall be desirable and assign to the various subdivisions | 5 | | the
responsibilities and duties placed upon the Department | 6 | | by law.
| 7 | | (h) To cooperate and enter into any necessary | 8 | | agreements with the
Department of Employment Security for | 9 | | the provision of job placement and
job referral services to | 10 | | clients of the Department, including job
service | 11 | | registration of such clients with Illinois Employment | 12 | | Security
offices and making job listings maintained by the | 13 | | Department of Employment
Security available to such | 14 | | clients.
| 15 | | (i) To possess all powers reasonable and necessary for
| 16 | | the exercise and administration of the powers, duties and
| 17 | | responsibilities of the Department which are provided for | 18 | | by law.
| 19 | | (j) (Blank).
| 20 | | (k) (Blank).
| 21 | | (l) To establish, operate, and maintain a Statewide | 22 | | Housing Clearinghouse
of information on available | 23 | | government subsidized housing accessible to
persons with | 24 | | disabilities and available privately owned housing | 25 | | accessible to
persons with disabilities. The information | 26 | | shall include, but not be limited to, the
location, rental |
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| 1 | | requirements, access features and proximity to public
| 2 | | transportation of available housing. The Clearinghouse | 3 | | shall consist
of at least a computerized database for the | 4 | | storage and retrieval of
information and a separate or | 5 | | shared toll free telephone number for use by
those seeking | 6 | | information from the Clearinghouse. Department offices and
| 7 | | personnel throughout the State shall also assist in the | 8 | | operation of the
Statewide Housing Clearinghouse. | 9 | | Cooperation with local, State, and federal
housing | 10 | | managers shall be sought and extended in order to | 11 | | frequently and
promptly update the Clearinghouse's | 12 | | information.
| 13 | | (m) To assure that the names and case records of | 14 | | persons who received or
are
receiving services from the | 15 | | Department, including persons receiving vocational
| 16 | | rehabilitation, home services, or other services, and | 17 | | those attending one of
the Department's schools or other | 18 | | supervised facility shall be confidential and
not be open | 19 | | to the general public. Those case records and reports or | 20 | | the
information contained in those records and reports | 21 | | shall be disclosed by the
Director only to proper law | 22 | | enforcement officials, individuals authorized by a
court, | 23 | | the General Assembly or any committee or commission of the | 24 | | General
Assembly, and other persons and for reasons as the | 25 | | Director designates by rule.
Disclosure by the Director may | 26 | | be only in accordance with other applicable
law.
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| 1 | | (Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17; | 2 | | 100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. | 3 | | 8-14-18; 100-1148, eff. 12-10-18.)
| 4 | | (20 ILCS 2405/5) (from Ch. 23, par. 3436)
| 5 | | Sec. 5. The Department is authorized to receive such gifts | 6 | | or
donations, either from public or private sources, as may be | 7 | | offered
unconditionally or under such conditions related to the | 8 | | comprehensive
vocational rehabilitation services, independent | 9 | | living services, and other community services and supports | 10 | | administered by the Director for habilitation and | 11 | | rehabilitation of
persons with one or more disabilities, as in | 12 | | the judgment of the
Department are proper and consistent with | 13 | | the provisions of this Act.
| 14 | | (Source: P.A. 94-91, eff. 7-1-05.)
| 15 | | (20 ILCS 2405/5a) (from Ch. 23, par. 3437)
| 16 | | Sec. 5a.
The State of Illinois does hereby (1) accept the | 17 | | provisions and
benefits of the act of Congress entitled the | 18 | | Rehabilitation Act of 1973, as
amended by the Workforce | 19 | | Innovation and Opportunity Act heretofore and hereafter | 20 | | amended , (2) designate the State Treasurer as
custodian of all | 21 | | moneys received by the State from appropriations made by the
| 22 | | Congress of the United States for comprehensive vocational | 23 | | rehabilitation services and
related services for persons | 24 | | habilitation and rehabilitation of persons with one or more |
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| 1 | | disabilities, to be
kept in a fund to be known as the | 2 | | Vocational Rehabilitation Fund, and authorize
the State | 3 | | treasurer to make disbursements therefrom upon the order of the
| 4 | | Department, and (3) empower and direct the Department to | 5 | | cooperate with the
federal government in carrying out the | 6 | | provisions of the Rehabilitation Act of
1973 , as amended by the | 7 | | Workforce Innovation and Opportunity Act .
| 8 | | (Source: P.A. 88-500.)
| 9 | | (20 ILCS 2405/9) (from Ch. 23, par. 3440)
| 10 | | Sec. 9.
Whenever, in the course of its vocational | 11 | | rehabilitation program, rehabilitation and habilitation
| 12 | | program, the Department has provided tools, equipment, initial | 13 | | stock or
other supplies to a person with one or more | 14 | | disabilities to establish a
business enterprise as a | 15 | | self-employed person, other than a business
enterprise under | 16 | | the supervision and management of a non-profit agency, the
| 17 | | Department may, in its discretion, convey title to such tools, | 18 | | equipment,
initial stock or other supplies at any time after | 19 | | the expiration of 6
months after such items are provided to | 20 | | that person.
| 21 | | (Source: P.A. 86-607.)
| 22 | | (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
| 23 | | Sec. 12a. Centers for independent living.
| 24 | | (a) Purpose. Recognizing that persons with
significant |
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| 1 | | disabilities deserve a
high quality of life within their | 2 | | communities regardless of their
disabilities, the Department, | 3 | | working with the Statewide Independent Living
Council , shall | 4 | | develop a State Plan for Independent Living for approval by the | 5 | | Department and subsequent submission to the Administrator | 6 | | based on federally prescribed timeframes. plan for submission | 7 | | on an annual basis to the
Commissioner. The Department shall | 8 | | adopt rules for implementing the State
Plan for Independent | 9 | | Living plan in accordance with the federal Act, including rules | 10 | | adopted under the
federal Act governing the award of grants.
| 11 | | (b) Definitions. As used in this Section, unless the | 12 | | context clearly
requires otherwise:
| 13 | | "Administrator" means the Administrator of the | 14 | | Administration for Community Living in the United States | 15 | | Department of Health and Human Services. | 16 | | "Federal Act" means the federal Rehabilitation
Act of 1973, | 17 | | as amended.
| 18 | | "Center for independent living" means a consumer | 19 | | controlled, community based,
cross-disability, | 20 | | non-residential, private non-profit agency that is designated
| 21 | | and operated within a local community by individuals with | 22 | | disabilities and
provides an array of independent living | 23 | | services.
| 24 | | "Consumer controlled" means that the center for | 25 | | independent living vests
power and authority in individuals | 26 | | with disabilities
and that at least 51% of the directors of the |
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| 1 | | center are persons with one or
more disabilities as defined by | 2 | | this Act.
| 3 | | "Commissioner" means the Commissioner of the | 4 | | Rehabilitation Services
Administration in the United States | 5 | | Department of Education.
| 6 | | "Council" means the Statewide Independent Living Council | 7 | | appointed under
subsection (d).
| 8 | | "Federal Act" means the federal Rehabilitation Act of 1973, | 9 | | as amended. | 10 | | "Individual with a disability" means any individual who has | 11 | | a physical or
mental impairment that substantially limits a | 12 | | major life activity, has a record
of such an impairment, or is | 13 | | regarded as having such an impairment.
| 14 | | "Individual with a
significant disability" means an | 15 | | individual with a significant
physical or mental impairment, | 16 | | whose ability to function independently in the
family or | 17 | | community or whose ability to obtain, maintain, or advance in
| 18 | | employment is substantially limited and for whom the delivery | 19 | | of independent
living services will improve the ability to | 20 | | function, continue functioning, or
move toward functioning | 21 | | independently in the family or community or to continue
in | 22 | | employment.
| 23 | | "State Plan for Independent Living plan " means the | 24 | | materials submitted by the Statewide Independent Living | 25 | | Council, after receiving the approval of the Department, to the | 26 | | Administrator based on federally prescribed timeframes |
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| 1 | | Department to the
Commissioner on an annual basis that contain | 2 | | the State's proposal for:
| 3 | | (1) The provision of statewide independent living | 4 | | services.
| 5 | | (2) The development and support of a statewide network | 6 | | of centers for
independent living.
| 7 | | (3) Working relationships between (i) programs | 8 | | providing independent
living services and independent | 9 | | living centers and (ii) the vocational
rehabilitation | 10 | | program administered by the Department under the federal | 11 | | Act
and other programs providing services for individuals | 12 | | with disabilities.
| 13 | | (c) Authority. The unit of the Department headed by the | 14 | | Director, or his or her designee, vocational
rehabilitation | 15 | | administrator shall be designated the State unit under
Title | 16 | | VII of the federal Act and shall have the following | 17 | | responsibilities:
| 18 | | (1) To receive, account for, and disburse funds | 19 | | received by the State
under the federal Act based on the | 20 | | State Plan for Independent Living plan .
| 21 | | (2) To provide administrative support services to | 22 | | centers for independent
living programs.
| 23 | | (3) To keep records, and take such actions with respect | 24 | | to those records,
as the Administrator Commissioner finds | 25 | | to be necessary with respect to the programs.
| 26 | | (4) To submit additional information or provide |
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| 1 | | assurances the
Administrator Commissioner may require with | 2 | | respect to the programs.
| 3 | | The vocational rehabilitation administrator and the | 4 | | Chairperson of the Council
is are responsible for jointly | 5 | | developing and signing the State Plan for Independent Living | 6 | | plan required by
Section 704 of the federal Act. The Director, | 7 | | or his or her designee, is responsible for approving the State | 8 | | Plan for Independent Living prior to its submission to the | 9 | | Administrator. The State Plan for Independent Living plan shall | 10 | | conform to the
requirements of Section 704 of the federal Act.
| 11 | | (d) Statewide Independent Living Council.
| 12 | | The Governor shall appoint a Statewide Independent Living | 13 | | Council, comprised
of 18 members, which shall be established as | 14 | | an entity separate and distinct
from the Department. The | 15 | | composition of the Council shall
include the following:
| 16 | | (1) At least one director of a center for independent | 17 | | living chosen by the
directors of centers for independent | 18 | | living within the State.
| 19 | | (2) A representative from the unit of the Department of | 20 | | Human Services
responsible for the administration of the | 21 | | vocational rehabilitation program and
a representative | 22 | | from another unit in the Department of Human Services that
| 23 | | provides services for individuals with disabilities and a
| 24 | | representative each from the Department on
Aging, the State | 25 | | Board of Education, and the Department of Children and | 26 | | Family
Services, all as ex officio, nonvoting ex-officio, |
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| 1 | | non-voting members who shall not be counted in
the 18 | 2 | | members appointed by the Governor.
| 3 | | In addition, the Council may include the following:
| 4 | | (A) One or more representatives of centers for | 5 | | independent living.
| 6 | | (B) One or more parents or guardians of individuals | 7 | | with disabilities.
| 8 | | (C) One or more advocates for individuals with | 9 | | disabilities.
| 10 | | (D) One or more representatives of private business.
| 11 | | (E) One or more representatives of organizations that | 12 | | 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 and | 16 | | organizations interested in individuals with
disabilities, the | 17 | | Governor shall appoint members of the Council for terms
| 18 | | beginning July 1, 1993. The Council shall be composed of | 19 | | members (i) who
provide
statewide representation; (ii) who | 20 | | represent a broad range of individuals with
disabilities from | 21 | | diverse backgrounds;
(iii) who are knowledgeable about centers | 22 | | for independent living
and independent living services; and | 23 | | (iv) a majority of whom are persons who
are individuals with | 24 | | disabilities and are not employed by any State agency or
center | 25 | | for independent living.
| 26 | | The council shall elect a chairperson from among its voting |
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| 1 | | membership.
| 2 | | Each member of the Council shall serve for terms of 3 | 3 | | years, except that (i)
a member appointed to fill a vacancy | 4 | | occurring before the expiration of the
term for which the | 5 | | predecessor was appointed shall be appointed for the
remainder | 6 | | of that term and (ii) terms of the members initially appointed | 7 | | after
the effective date of this amendatory Act of 1993 shall | 8 | | be as follows: 6 of
the initial members shall be appointed for | 9 | | terms of one year, 6 shall be
appointed for terms of 2 years, | 10 | | and 6 shall be appointed for terms of 3 years.
No member of the | 11 | | council may serve more than 2 consecutive full terms.
| 12 | | Appointments to fill vacancies in unexpired terms and new | 13 | | terms shall be
filled by the Governor or by the Council if the | 14 | | Governor delegates that power
to the Council by executive | 15 | | order. The vacancy shall not affect the
power of the remaining | 16 | | members to execute the powers and duties of the
Council. The | 17 | | Council shall have the duties enumerated in subsections (c),
| 18 | | (d), and (e) of Section 705 of the federal Act.
| 19 | | Members shall be reimbursed for their actual expenses | 20 | | incurred in the
performance of their duties, including expenses | 21 | | for travel, child care, and
personal assistance services, and a | 22 | | member who is not employed or who must
forfeit wages from other | 23 | | employment shall be paid reasonable compensation for
each day | 24 | | the member is engaged in performing the duties of the Council. | 25 | | The
reimbursement or compensation shall be paid from moneys | 26 | | made available to the
Department under Part B of Title VII of |
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| 1 | | the federal Act.
| 2 | | In addition to the powers and duties granted to advisory | 3 | | boards by Section
5-505 of the Departments of State Government | 4 | | Law (20 ILCS 5/5-505),
the Council shall have the
authority to | 5 | | appoint jointly with the vocational rehabilitation | 6 | | administrator
a peer review committee to consider and make | 7 | | recommendations for grants to
eligible centers for independent | 8 | | living.
| 9 | | (e) Grants to centers for independent living. Each center | 10 | | for independent
living that receives assistance from the | 11 | | Department under this Section shall
comply with the standards | 12 | | and provide and comply with the assurances that are
set forth | 13 | | in the State
plan and consistent with Section 725 of the | 14 | | federal Act. Each center for
independent living receiving | 15 | | financial assistance from the Department shall
provide | 16 | | satisfactory assurances at the time and in the manner the | 17 | | Director, or his or her designee, requires. Centers for | 18 | | independent living receiving financial assistance from the | 19 | | Department shall comply with grant making provisions outlined | 20 | | in State and federal law, and with the requirements of their | 21 | | respective grant contracts. vocational
rehabilitation | 22 | | administrator requires.
| 23 | | Beginning October 1, 1994, the Director, or his or her | 24 | | designee, vocational rehabilitation administrator may
award | 25 | | grants to any eligible center for independent living that is | 26 | | receiving
funds under Title VII of the federal Act, unless the |
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| 1 | | Director, or his or her designee, vocational rehabilitation
| 2 | | administrator makes a finding that the center for independent | 3 | | living fails to
comply with the standards and assurances set | 4 | | forth in Section 725 of the
federal Act.
| 5 | | If there is no center for independent living serving a | 6 | | region of the State or
the region is underserved, and the State | 7 | | receives a federal increase in its
allotment sufficient to | 8 | | support one or more additional centers for independent
living | 9 | | in the State, the Director, or his or her designee, vocational | 10 | | rehabilitation administrator may award a
grant under this | 11 | | subsection to
one or more eligible agencies, consistent with | 12 | | the provisions of the State plan
setting forth the design of | 13 | | the State for establishing a statewide network for
centers for | 14 | | independent living.
| 15 | | In selecting from among eligible agencies in awarding a | 16 | | grant under this
subsection for a new center for independent | 17 | | living, the Director, or his or her designee, vocational
| 18 | | rehabilitation administrator and the
chairperson of (or other | 19 | | individual designated by) the Council acting on behalf
of and | 20 | | at the direction of the Council shall jointly appoint a peer | 21 | | review
committee that shall rank applications in accordance | 22 | | with the standards and
assurances set forth in Section 725 of | 23 | | the federal Act and criteria jointly
established by the | 24 | | Director, or his or her designee, vocational rehabilitation | 25 | | administrator
and the chairperson or designated individual. | 26 | | The
peer review committee shall consider the ability of the |
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| 1 | | applicant to operate a
center for independent living and shall | 2 | | recommend an applicant to receive a
grant under this subsection | 3 | | based on the following:
| 4 | | (1) Evidence of the need for a center for independent | 5 | | living, consistent
with the State plan.
| 6 | | (2) Any past performance of the applicant in providing | 7 | | services
comparable to independent living services.
| 8 | | (3) The applicant's plan for complying with, or | 9 | | demonstrated success in
complying with, the standards and | 10 | | assurances set forth in Section 725 of the
federal Act.
| 11 | | (4) The quality of key personnel of the applicant and | 12 | | the involvement of
individuals with significant | 13 | | disabilities by the applicant.
| 14 | | (5) The budgets and cost effectiveness of the | 15 | | applicant.
| 16 | | (6) The evaluation plan of the applicant.
| 17 | | (7) The ability of the applicant to carry out the plan.
| 18 | | The Director, or his or her designee, vocational | 19 | | rehabilitation administrator shall award the grant on the
basis | 20 | | of the recommendation of the peer review committee if the | 21 | | actions of the
committee are consistent with federal and State | 22 | | law.
| 23 | | (f) Evaluation and review. The Director, or his or her | 24 | | designee, vocational rehabilitation administrator
shall | 25 | | periodically review each center for independent living that | 26 | | receives
funds from the Department under Title VII of the |
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| 1 | | federal Act, or moneys
appropriated from the General Revenue | 2 | | Fund, to determine whether the center is
in compliance with the | 3 | | standards and assurances set forth in Section 725 of the
| 4 | | federal Act , other applicable State and federal laws, and the | 5 | | provisions of the grant contract . If the Director, or his or | 6 | | her designee, vocational rehabilitation administrator | 7 | | determines that
any center receiving those federal or State | 8 | | funds is not in compliance with the
standards and assurances | 9 | | set forth in Section 725 , the Director, or his or her designee, | 10 | | vocational
rehabilitation administrator shall immediately | 11 | | notify the center that it is out
of compliance. The Director, | 12 | | or his or her designee, shall recommend to the Secretary, or | 13 | | his or her designee, that all funding to that center be | 14 | | terminated vocational rehabilitation administrator shall | 15 | | terminate all
funds to that center 90 days after the date of | 16 | | notification or, in the case of
a center that requests an | 17 | | appeal, the date of any final decision, unless the
center | 18 | | submits a plan to achieve compliance within 90 days and that | 19 | | plan is
approved by the Director, or his or her designee, | 20 | | vocational rehabilitation administrator or (if on appeal) by
| 21 | | the Secretary, or his or her designee Commissioner .
| 22 | | (Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99; 92-16, | 23 | | eff.
6-28-01.)
| 24 | | (20 ILCS 2405/13a) (from Ch. 23, par. 3444a)
| 25 | | Sec. 13a.
(a) The Department shall be responsible for |
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| 1 | | coordinating
the establishment of local Transition Planning | 2 | | Committees. Members of the
committees shall consist of | 3 | | representatives from special education;
vocational and regular | 4 | | education; post-secondary education; parents of
youth with | 5 | | disabilities; persons with disabilities; local business or
| 6 | | industry; the Department of Human Services; public and
private | 7 | | adult service providers; case coordination; and other | 8 | | consumer, school,
and adult services as appropriate. The | 9 | | Committee shall elect a chair and shall
meet at least | 10 | | quarterly. Each Transition Planning Committee shall:
| 11 | | (1) identify current transition services, programs, | 12 | | and funding sources
provided within the community for | 13 | | secondary and post-secondary aged youth
with disabilities | 14 | | and their families as well as the development of
strategies | 15 | | to address unmet needs;
| 16 | | (2) facilitate the development of transition | 17 | | interagency teams to
address present and future transition | 18 | | needs of individual students on their
individual education | 19 | | plans;
| 20 | | (3) develop a mission statement that emphasizes the | 21 | | goals of
integration and participation in all aspects of | 22 | | community life for persons
with disabilities;
| 23 | | (4) provide for the exchange of information such as | 24 | | appropriate data,
effectiveness studies, special projects, | 25 | | exemplary programs, and creative
funding of programs;
| 26 | | (5) develop consumer in-service and awareness training |
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| 1 | | programs in the
local community; and
| 2 | | (6) assist in staff training for individual transition | 3 | | planning and
student transition needs assessment.
| 4 | | (b) Each Transition Planning Committee shall select a chair | 5 | | from among
its members who shall serve for a term of one year. | 6 | | Each committee shall
meet at least quarterly, or at such other | 7 | | times at the call of the chair.
| 8 | | (c) (Blank). Each Transition Planning Committee shall | 9 | | annually prepare and submit
to the Interagency Coordinating | 10 | | Council a report which assesses
the level
of currently | 11 | | available services in the community as well as the level of
| 12 | | unmet needs of secondary students with disabilities, makes
| 13 | | recommendations to address unmet needs, and summarizes the | 14 | | steps
taken to address unmet needs based on the recommendations | 15 | | made in
previous reports.
| 16 | | (d) The name and affiliation of each local Transition | 17 | | Planning Committee
member and the annual report required
under | 18 | | subsection (c) of this Section shall be filed with the | 19 | | administrative
office of each school district served by the | 20 | | local
Transition Planning Committee, be made available to the | 21 | | public upon request,
and be sent to each
member of the General | 22 | | Assembly whose district encompasses the area
served by the | 23 | | Transition Planning Committee.
| 24 | | (Source: P.A. 92-452, eff. 8-21-01.)
| 25 | | (20 ILCS 2405/12 rep.)
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| 1 | | Section 10. The Rehabilitation of Persons with | 2 | | Disabilities Act is amended by repealing Section 12. | 3 | | (20 ILCS 2407/Art. 4 rep.) | 4 | | Section 15. The Disabilities Services Act of 2003 is | 5 | | amended by repealing Article 4.".
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