HB1645 95TH GENERAL ASSEMBLY

LRB095 06375 HLH 26471 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1645

Introduced 2/22/2007, by Rep. Kathleen A. Ryg

SYNOPSIS AS INTRODUCED:

20 ILCS 2407/20

Amends the Disabilities Services Act of 2003. Provides that 2 members of the Illinois House of Representatives and 2 members of the Illinois Senate shall serve as non-voting members of the advisory committee established to assist in the implementation of a disabilities services plan. Provides that other State officials may be invited to participate in the committee. Deletes a provision requiring the Director of Employment Security or his or her designee to serve as an ex-officio non-voting member of the committee. Provides that the committee shall select co-chairs and may select other officers (now, the committee selects a chair and a vice-chair). Requires implementation of the disability services plan by July 1, 2007 (instead of July 1, 2005). Provides that the advisory committee shall assist the Governor with annual updates of the plan. Requires annual updates until 2010. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Disabilities Services Act of 2003 is amended by changing Section 20 as follows:

(20 ILCS 2407/20)

Sec. 20. Implementation.

(a) The Governor shall appoint an advisory committee to assist in the development and implementation of a Disabilities Services Implementation Plan that will ensure compliance by the State of Illinois with the Americans with Disabilities Act and the decision in Olmstead v. L.C., 119 S.Ct. 2176 (1999). The advisory committee shall be known as the Illinois Disabilities Services Advisory Committee and shall be composed of no more than 33 members, including: persons who have a physical disability, a developmental disability, or a mental illness; senior citizens; advocates for persons with physical disabilities; advocates for persons with developmental disabilities; advocates for persons with mental illness; advocates for senior citizens; representatives of providers of services to persons with physical disabilities, developmental disabilities, and mental illness; representatives of providers of services to senior citizens; and representatives of organized labor.

In addition, the following State officials shall serve on the committee as ex-officio non-voting members: the Secretary of Human Services or his or her designee; the State Superintendent of Education or his or her designee; the Director of Aging or his or her designee; the Executive Director of the Illinois Housing Development Authority or his or her designee; and the Director of Public Aid (now Director of Healthcare and Family Services) or his or her designee; and the Director of Employment Security or his or her designee. The following officials shall serve as non-voting members: 2 members of the Illinois House of Representatives, one appointed by the Speaker of the House and one appointed by the House Minority Leader; 2 members of the Illinois Senate, one appointed by the Senate President and one appointed by the Senate Minority Leader. Other State officials, including, but not limited to, the Director of Employment Security, the Director of Commerce and Economic Opportunity, the Director of Children and Family Services, the Director of the Board of Higher Education, and the Director of the Illinois Community College Board, may be invited to participate or to designate a representative to participate at the discretion of the co-chairs and the Secretary of Human Services when their expertise and resources are relevant to the resolution of a particular issue. The Department of Human Services shall be responsible for convening meetings and providing logistical support for the advisory committee.

The advisory committee shall select co-chairs and may select other officers if necessary officers, including a chair and a vice-chair.

The advisory committee shall meet at least quarterly and shall keep official meeting minutes. Committee members shall not be compensated but shall be paid for their expenses related to attendance at meetings.

(b) The implementation plan must include, but need not be limited to, the following:

(1) Establishing procedures for completing comprehensive evaluations, including provisions for Department review and approval of need determinations. The Department may utilize independent evaluators and targeted or sample reviews during this review and approval process, as it deems appropriate.

(2) Establishing procedures for the development of an individual service or treatment plan for each person with a disability, including provisions for Department review and authorization.

(3) Identifying core services to be provided by agencies of the State of Illinois or other agencies.

(4) Establishing minimum standards for individualized services.

(5) Establishing minimum standards for residential services in the least restrictive environment.

(6) Establishing minimum standards for vocational services.

(7) Establishing due process hearing procedures.

(8) Establishing minimum standards for family support services.

(9) Securing financial resources necessary to fulfill the purposes and requirements of this Act, including but not limited to obtaining approval and implementing waivers or demonstrations authorized under federal law.

(c) The Governor, with the assistance of the Illinois Disabilities Services Advisory Committee and the Secretary of Human Services, is responsible for the completion of the implementation plan. The Governor must submit a report to the General Assembly by November 1, 2004, which must include the following:

(1) The implementation plan.

(2) A description of current and planned programs and services necessary to meet the requirements of the individual service or treatment plans required by this Act, together with the actions to be taken by the State of Illinois to ensure that those plans will be implemented. This description shall include a report of related program and service improvements or expansions implemented by the Department since the effective date of this Act.

(3) The estimated costs of current and planned programs and services to be provided under the implementation plan.

(4) A report on the number of persons with disabilities who may be eligible to receive services under this Act, together with a report on the number of persons who are currently receiving those services.

(5) Any proposed changes in State policies, laws, or regulations necessary to fulfill the purposes and requirements of this Act.

(d) The Governor, with the assistance of the advisory committee and the Secretary of Human Services, shall annually update the implementation plan and report changes to the General Assembly by July 1 of each year. Initial implementation of the plan is required by July 1, 2007 2005. The requirement of annual updates and reports expires in 2010 2008, unless otherwise extended by the General Assembly.

(Source: P.A. 93-638, eff. 12-31-03; revised 12-15-05.)

Section 99. Effective date. This Act takes effect upon becoming law.