20 ILCS 2405/12a

(20 ILCS 2405/12a) (from Ch. 23, par. 3443a)

Sec. 12a. Centers for independent living.

(a) Purpose. Recognizing that persons with significant disabilities deserve a high quality of life within their communities regardless of their disabilities, the Statewide Independent Living Council shall develop a State Plan for Independent Living for approval by the Department and subsequent submission to the Administrator based on federally prescribed timeframes. The Department shall adopt rules for implementing the State Plan for Independent Living 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:

"Administrator" means the Administrator of the Administration for Community Living in the United States Department of Health and Human Services.

"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.

"Council" means the Statewide Independent Living Council appointed under subsection (d).

"Federal Act" means the federal Rehabilitation Act of 1973, as amended.

"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 significant disability" means an individual with a significant 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 for Independent Living" means the materials submitted by the Statewide Independent Living Council, after receiving the approval of the Department, to the Administrator based on federally prescribed timeframes 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 Director, or his or her designee, 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 for Independent Living.

(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 Administrator finds to be necessary with respect to the programs.

(4) To submit additional information or provide assurances the Administrator may require with respect to the programs.

The Chairperson of the Council is responsible for developing the State Plan for Independent Living required by Section 704 of the federal Act. The Director, or his or her designee, is responsible for approving the State Plan for Independent Living prior to its submission to the Administrator. The State Plan for Independent Living 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 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, nonvoting 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 from diverse backgrounds; (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 council shall elect a chairperson from among its voting 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.

Appointments to fill vacancies in unexpired terms and new terms shall be filled by the Governor or by the Council if the Governor delegates that power to the Council by executive order. 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.

(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 Director, or his or her designee, requires. Centers for independent living receiving financial assistance from the Department shall comply with grant making provisions outlined in State and federal law, and with the requirements of their respective grant contracts.

Beginning October 1, 1994, the Director, or his or her designee, may award grants to any eligible center for independent living that is receiving funds under Title VII of the federal Act, unless the Director, or his or her designee, 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 Director, or his or her designee, 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 Director, or his or her designee, 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 Director, or his or her designee, 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 significant 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 Director, or his or her designee, 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 Director, or his or her designee, 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, other applicable State and federal laws, and the provisions of the grant contract. If the Director, or his or her designee, determines that any center receiving those federal or State funds is not in compliance, the Director, or his or her designee, shall immediately notify the center that it is out of compliance. The Director, or his or her designee, shall recommend to the Secretary, or his or her designee, that all funding to that center be terminated 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 Director, or his or her designee, or (if on appeal) by the Secretary, or his or her designee.

(Source: P.A. 102-264, eff. 8-6-21.)