State of Illinois
91st General Assembly
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Public Act 91-0540

SB1117 Enrolled                               LRB9102503DHmgB

    AN  ACT  concerning  rehabilitation   of   persons   with
disabilities.

    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)
    Sec. 6.23.  In the Department of Human Services.  A State
Rehabilitation  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 25 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.
         (9)  One   representative  of  the  State  Workforce
    Investment Board.
         (10)  One representative of the Illinois State Board
    of Education who is knowledgeable about  the  Individuals
    with Disabilities Education Act.
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   shall  serve  as  ex  officio  members.   The
vocational rehabilitation administrator shall have no vote.
    The Council shall select a Chairperson.
    The  Chairperson  and at least 12 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.  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.     Members  shall  serve  until  their
successors are appointed and qualified.   No  member,  except
the  representative  of  the client assistance program, 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 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 such reports and findings as  he
or  she  may request or as the Council deems fit. The Council
shall  select  jointly  with  the  vocational  rehabilitation
administrator  a  pool  of  qualified  persons  to  serve  as
impartial hearing officers.   The  Council  shall,  with  the
vocational  rehabilitation  unit  in  the Department, jointly
develop, agree  to,  and  review  annually  State  goals  and
priorities  and  jointly submit annual reports of progress to
the  federal  Commissioner  of  the  Rehabilitation  Services
Administration.
    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. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)

    Section  10.  The  Disabled Persons Rehabilitation Act is
amended by changing Sections 3 and 12a as follows:

    (20 ILCS 2405/3) (from Ch. 23, par. 3434)
    Sec. 3.  Powers and duties. The Department shall have the
powers and duties enumerated herein:
    (a)  To co-operate with the  federal  government  in  the
administration    of    the   provisions   of   the   federal
Rehabilitation Act of 1973,  as  amended,  of  the  Workforce
Investment  Act  of  1998, and of the federal Social Security
Act to the extent and in the manner provided in these Acts.
    (b)  To  prescribe  and   supervise   such   courses   of
vocational training and provide such other services as may be
necessary  for the habilitation and rehabilitation of persons
with one or more disabilities, including  the  administrative
activities  under  subsection  (e)  of  this  Section, and to
co-operate with State and local school authorities and  other
recognized  agencies  engaged in habilitation, rehabilitation
and comprehensive rehabilitation services; and  to  cooperate
with the Department of Children and Family Services regarding
the   care  and  education  of  children  with  one  or  more
disabilities.
    (c)  To make such reports and submit such  plans  to  the
federal  government  as are required by the provisions of the
federal Rehabilitation Act of 1973, as amended,  and  by  the
rules  and  regulations  of  the  federal  agency or agencies
administering the federal  Rehabilitation  Act  of  1973,  as
amended,  the  Workforce  Investment  Act  of  1998,  and the
federal Social Security Act.
    (d)  To report in writing, to the Governor,  annually  on
or  before the first day of December, and at such other times
and in such manner and upon such subjects as the Governor may
require.  The annual report shall contain (1) a statement  of
the   existing   condition  of  comprehensive  rehabilitation
services, habilitation and rehabilitation in the State; (2) a
statement of suggestions and recommendations  with  reference
to  the development of comprehensive rehabilitation services,
habilitation and rehabilitation in  the  State;  and  (3)  an
itemized  statement  of  the  amounts  of money received from
federal, State and other sources,  and  of  the  objects  and
purposes  to  which  the  respective  items  of these several
amounts have been devoted.
    (e)  To exercise, pursuant to Section  13  of  this  Act,
executive    and    administrative   supervision   over   all
institutions, divisions, programs and services  now  existing
or  hereafter  acquired  or created under the jurisdiction of
the Department, including, but not limited to, the following:
    The  Illinois  School  for  the  Visually   Impaired   at
Jacksonville, as provided under Section 10 of this Act,
    The  Illinois  School  for  the  Deaf at Jacksonville, as
provided under Section 10 of this Act, and
    The Illinois Center for Rehabilitation and Education,  as
provided under Section 11 of this Act.
    (f)  To  establish  a  program  of  services  to  prevent
unnecessary  institutionalization of persons with Alzheimer's
disease and related disorders or persons in need of long term
care who are established as blind or disabled as  defined  by
the  Social  Security Act, thereby enabling them to remain in
their own homes or other living arrangements. Such preventive
services may include, but are not limited to, any or  all  of
the following:
         (1)  home health services;
         (2)  home nursing services;
         (3)  homemaker services;
         (4)  chore and housekeeping services;
         (5)  day care services;
         (6)  home-delivered meals;
         (7)  education in self-care;
         (8)  personal care services;
         (9)  adult day health services;
         (10)  habilitation services;
         (11)  respite care; or
         (12)  other  nonmedical  social  services  that  may
    enable the person to become self-supporting.
    The  Department shall establish eligibility standards for
such services taking into consideration the  unique  economic
and  social  needs  of the population for whom they are to be
provided.  Such eligibility standards may  be  based  on  the
recipient's  ability  to pay for services; provided, however,
that any portion of a person's income that  is  equal  to  or
less   than   the  "protected  income"  level  shall  not  be
considered by the Department in determining eligibility.  The
"protected  income"  level  shall  be   determined   by   the
Department,  shall  never  be  less  than the federal poverty
standard, and shall be adjusted each year to reflect  changes
in  the  Consumer  Price  Index  For  All  Urban Consumers as
determined  by  the  United  States  Department   of   Labor.
Additionally,   in  determining  the  amount  and  nature  of
services for which a person may qualify, consideration  shall
not  be  given to the value of cash, property or other assets
held in the name of the person's spouse pursuant to a written
agreement dividing marital property into equal  but  separate
shares  or pursuant to a transfer of the person's interest in
a home to his spouse, provided that the spouse's share of the
marital property is not made available to the person  seeking
such services.
    The  services  shall  be  provided to eligible persons to
prevent unnecessary or premature institutionalization, to the
extent that the cost of the services, together with the other
personal maintenance expenses of the persons, are  reasonably
related  to  the  standards  established  for care in a group
facility   appropriate    to    their    condition.     These
non-institutional  services,  pilot  projects or experimental
facilities may be provided as part of or in addition to those
authorized by federal law or those funded and administered by
the Illinois Department on Aging.
    Personal care attendants shall be paid:
         (i)  A $5 per hour minimum rate  beginning  July  1,
    1995.
         (ii)  A  $5.30  per hour minimum rate beginning July
    1, 1997.
         (iii)  A $5.40 per hour minimum rate beginning  July
    1, 1998.
    The  Department  shall  execute,  relative to the nursing
home prescreening project, as authorized by Section  4.03  of
the   Illinois   Act   on  the  Aging,  written  inter-agency
agreements with the Department on Aging and the Department of
Public Aid, to effect the following:  (i)  intake  procedures
and  common  eligibility  criteria  for those persons who are
receiving   non-institutional   services;   and   (ii)    the
establishment  and  development of non-institutional services
in areas of the State where they are not currently  available
or  are  undeveloped.  On and after July 1, 1996, all nursing
home prescreenings for individuals 18 through 59 years of age
shall be conducted by the Department.
    The Department is authorized to  establish  a  system  of
recipient  cost-sharing  for  services  provided  under  this
Section.    The   cost-sharing   shall   be  based  upon  the
recipient's ability to pay for services, but in no case shall
the recipient's share exceed the actual cost of the  services
provided.   Protected  income  shall not be considered by the
Department in its determination of the recipient's ability to
pay  a  share  of  the  cost  of  services.   The  level   of
cost-sharing  shall  be adjusted each year to reflect changes
in the "protected income" level.  The Department shall deduct
from the recipient's share of the cost of services any  money
expended by the recipient for disability-related expenses.
    The    Department,   or   the   Department's   authorized
representative, shall recover the amount of  moneys  expended
for  services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery  may
be had until after the death of the surviving spouse, if any,
and  then  only at such time when there is no surviving child
who is under  age  21,  blind,  or  permanently  and  totally
disabled.   This  paragraph, however, shall not bar recovery,
at the death of the person, of moneys for  services  provided
to  the  person or in behalf of the person under this Section
to which the person was  not  entitled;  provided  that  such
recovery  shall not be enforced against any real estate while
it is occupied as a homestead  by  the  surviving  spouse  or
other  dependent,  if  no claims by other creditors have been
filed against the estate, or, if such claims have been filed,
they remain dormant for failure of prosecution or failure  of
the  claimant  to compel administration of the estate for the
purpose of payment.  This paragraph shall  not  bar  recovery
from  the estate of a spouse, under Sections 1915 and 1924 of
the Social Security Act  and  Section  5-4  of  the  Illinois
Public  Aid  Code,  who  precedes a person receiving services
under this Section in death.  All moneys for services paid to
or in behalf of  the  person  under  this  Section  shall  be
claimed  for  recovery  from  the  deceased  spouse's estate.
"Homestead", as used in this paragraph,  means  the  dwelling
house  and  contiguous  real  estate  occupied by a surviving
spouse or relative, as defined by the rules  and  regulations
of  the  Illinois Department of Public Aid, regardless of the
value of the property.
    The  Department  and  the  Department  on   Aging   shall
cooperate  in  the  development  and  submission of an annual
report on programs and services provided under this  Section.
Such  joint  report  shall be filed with the Governor and the
General Assembly on or before March September 30 each year.
    The requirement for reporting  to  the  General  Assembly
shall  be  satisfied  by filing copies of the report with the
Speaker, the Minority Leader and the Clerk of  the  House  of
Representatives  and  the  President, the Minority Leader and
the Secretary of the  Senate  and  the  Legislative  Research
Unit,  as  required  by  Section  3.1 of the General Assembly
Organization Act, and filing additional copies with the State
Government  Report  Distribution  Center  for   the   General
Assembly  as required under paragraph (t) of Section 7 of the
State Library Act.
    (g)  To establish such subdivisions of the Department  as
shall be desirable and assign to the various subdivisions the
responsibilities  and  duties  placed  upon the Department by
law.
    (h)  To cooperate and enter into any necessary agreements
with the Department of Employment Security for the  provision
of  job placement and job referral services to clients of the
Department,  including  job  service  registration  of   such
clients  with Illinois Employment Security offices and making
job listings  maintained  by  the  Department  of  Employment
Security available to such clients.
    (i)  To  possess  all powers reasonable and necessary for
the exercise and administration of  the  powers,  duties  and
responsibilities  of the Department which are provided for by
law.
    (j)  To establish a procedure whereby  new  providers  of
personal care attendant services shall submit vouchers to the
State  for  payment  two  times  during  their first month of
employment and one time per month  thereafter.   In  no  case
shall  the  Department pay personal care attendants an hourly
wage that is less than the federal minimum wage.
    (k)  To provide adequate notice to providers of chore and
housekeeping services informing them that they  are  entitled
to  an  interest payment on bills which are not promptly paid
pursuant to Section 3 of the State Prompt Payment Act.
    (l)  To  establish,  operate  and  maintain  a  Statewide
Housing Clearinghouse of information on available, government
subsidized  housing  accessible  to  disabled   persons   and
available  privately  owned  housing  accessible  to disabled
persons.  The information shall include but not be limited to
the  location,  rental  requirements,  access  features   and
proximity to public transportation of available housing.  The
Clearinghouse  shall  consist  of  at  least  a  computerized
database  for  the storage and retrieval of information and a
separate or shared toll free  telephone  number  for  use  by
those seeking information from the Clearinghouse.  Department
offices  and personnel throughout the State shall also assist
in the operation  of  the  Statewide  Housing  Clearinghouse.
Cooperation  with  local,  State and federal housing managers
shall be sought and  extended  in  order  to  frequently  and
promptly update the Clearinghouse's information.
(Source:  P.A.  89-21,  eff.  7-1-95;  89-352,  eff. 8-17-95;
89-626, eff. 8-9-96; 90-365, eff. 8-10-97.)

    (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
    Sec. 12a.  Centers for independent living.
    (a)  Purpose.  Recognizing that persons with  significant
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
of 1973, as amended.
    "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 Education 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 significant severe disability" means
an individual with a significant 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   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  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 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  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
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  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 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  requires.
    Beginning  October 1, 1994, the vocational rehabilitation
administrator 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 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  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 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 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
    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  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 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  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
shall  immediately  notify  the  center  that  it  is  out of
compliance.   The  vocational  rehabilitation   administrator
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  or  (if  on  appeal)  by   the
Commissioner.
(Source:  P.A.  89-507,  eff.  7-1-97;  90-14,  eff.  7-1-97;
90-372, eff. 7-1-98; 90-453, eff. 8-16-97.)

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

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