Full Text of SB1860

LRB104 10514 JRC 20589 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1860

Introduced 2/5/2025, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

New Act

Creates the State Disability Ombudsperson Act. Creates the State Disability Ombudsperson within the Department of Human Rights. Provides that on or before July 1, 2026, the Ombudsperson shall offer training, outreach, and educational materials and may arrange for the offering of courses open to the public in disability services and training and related topics. Requires the Ombudsperson to provide a toll-free number available during business hours to provide information and resources under the Act. Requires the Ombudsperson to develop a process for receiving and reviewing complaints. Provides that if the Ombudsperson believes that a complaint has reasonable grounds to have been made, establish a procedure for referral to disability rights organizations, community-based services, and legal and courtroom advocacy if those services are requested or deemed adequate. Requires the Ombudsperson to submit an annual report to the General Assembly. Authorizes the Department of Human Rights to adopt rules to implement the Act. Makes other changes.

A BILL FOR

AN ACT concerning human rights.

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

Section 1. Short title. This Act may be cited as the State Disability Ombudsperson Act.

Section 5. Findings. Individuals with reported disabilities make up an estimated nearly 12% of the population of Illinois with another 10% estimated to be unreported. People living with disabilities are entitled to the fair and equal opportunities in society and all aspects of their lives. Yet they routinely face barriers and discrimination that limit their access to fair and equal opportunity in housing, education, employment, health care, transportation, and other daily activities. Therefore, the General Assembly finds that a State Disability Ombudsperson dedicated to advocating for the rights of disabled persons, in conjunction with the Long-term Care Ombudsperson and Home Care Ombudsperson, advances the goals of the State to ensure that all citizens can participate in society fully and free from discrimination.

Section 10. Definitions. As used in this Act:

"Department" means the Department of Human Rights.

"Disabled person" means a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

Section 15. Office of the State Disability Ombudsperson.

(a) There is created in the Department of Human Rights, under the supervision and control of the Director, the Office of the State Disability Ombudsperson.

(b) The Department shall name an Ombudsperson and other persons as necessary to discharge the requirements of this Act. The Ombudsperson shall have the powers and duties as delegated by the Department, in addition to the powers and duties set forth in this Act.

(c) Information and advice provided by the Ombudsperson has no binding legal effect and is not subject to the provisions of the Illinois Administrative Code.

Section 20. Education. On or before July 1, 2026, the Ombudsperson shall offer training, outreach, and educational materials, and may arrange for the offering of courses open to the public in subjects relevant to:

(1) disability services;

(2) disability rights training;

(3) disability rights laws;

(4) disability benefits;

(5) accessibility; and

(6) any other topic the Ombudsperson finds relevant and beneficial to disabled persons and the broader community.

Section 25. Website; toll-free number.

(a) The Office shall maintain on the Department's website the following information:

(1) the text of this Act and all other Acts that the Office determines relevant to the population it serves, including, but not limited to, the American with Disabilities Act, the Individuals with Disabilities Education Act, the Disabilities Services Act of 2003, the Environmental Barriers Act, and the Fair Housing Act;

(2) a description of the services provided by the Ombudsperson and information on how to contact the Ombudsperson for assistance; and

(3) any other information that the Ombudsperson determines is useful to the population it serves.

(b) The Office shall make available during regular business hours a statewide toll-free telephone number to provide information and resources on matters relating to disability rights and disability services.

Section 30. Duties and services.

(a) The Office of the Ombudsperson shall:

(1) prescribe a method by which complaints to the office are made, reviewed, and acted upon;

(2) monitor the development and implementation of federal, State, or local laws, rules, and policies affecting the rights and benefits of disabled persons;

(3) comment on and recommend to public and private agencies regarding laws, rules, and policies affecting disabled persons;

(4) conduct public forums to obtain information about and publicize issues affecting disabled persons; and

(5) investigate the quality of services provided to disabled persons and determine the extent to which quality assurance mechanisms within State and county government work to promote the health, safety, and welfare of disabled persons.

(b) Upon receiving a request, complaint, or other information affording reasonable grounds to believe that the rights of disabled persons have been violated or the health, safety, welfare, or rights of disabled persons have been adversely affected, the Office shall:

(1) gather information and evaluate any act, practice, policy, procedure, or administrative action that may violate the rights of disabled persons or adversely affect the health, safety, welfare, or rights of disabled persons; and

(2) mediate or advocate on behalf of disabled persons on issues, including, but not limited to, education, employment, health care, housing, and transportation;

(c) The Office shall assist in the application of public benefits when services are requested;

(d) The Office shall provide assistance and education, when requested, to disabled persons on matters, including, but not limited to, education, employment, health care, housing, and transportation; and

(e) The Office shall establish a procedure for referral to disability rights organizations, community-based services, and legal and court room advocacy when services are requested or deemed necessary by the Ombudsperson.

Section 35. Confidentiality. All information related to requests, complaints, concerns, and other communications reported to the Ombudsperson shall be treated as confidential to the extent permitted by law.

Section 40. Reports.

(a) The Office shall submit an annual written report on the activities of the Office to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives. The report shall summarize the activities of the previous year, including, but not limited to:

(1) annual workload and performance data, including:

(A) the number and type of complaints or concerns reported to the Office and the manner in which such complaints or concerns were handled;

(B) the number and type of requests for assistance from the Office and the manner in which such assistance was conducted;

(C) the types of training, education, or other information provided and the manner in which it was conducted; and

(D) the staff time required to provide the assistance, training, education, or other information;

(2) analysis of identified trends in the issues reported to and handled by the Office; and

(3) recommendations for statutory reform.

(b) The Office shall submit its report detailing the previous year no later than January 15 of each year. The report shall be made available to the public on the Office's official website.

(c) Upon receipt of the report, the General Assembly shall conduct a formal joint hearing as decided by the President of the Senate and Speaker of the House of Representatives to be briefed on the work of the Office and potential legislative recommendations outlined in the report.

Section 45. Rules. The Department shall adopt such rules as are necessary for the administration and enforcement of the provisions of this Act. Any rule adopted under this Act is subject to the rulemaking provisions of the Illinois Administrative Procedure Act.