Equip for Equality

Advancing the Human & Civil Rights of People with Disabilities in Illinois

Equip for Equality: Advancing the Human & Civil Rights of People with Disabilities in Illinois
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Legislative Update for April 27, 2007

The following are some of the more significant disability related bills filed in the Illinois General Assembly this session which are scheduled to be heard in committee during the week of April 30, 2007:

Senate Human Services Committee
May 2, 2007, 9:00 a.m.
Capitol Building, Room 400
Springfield, IL

HB 1301, chief sponsor, Senator Deanna Demuzio
Amends the Illinois Act on Aging. Allows the Long Term Care Ombudsman to communicate with, seek consent of, inspect records of, and do other things concerning nursing home residents, "regardless of age".

HB 1758, chief sponsor, Senator Carol Ronen
Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services (DHFS) to operate a pilot project to determine the effect of raising the income and non-exempt asset eligibility thresholds for certain persons with disabilities on those persons' ability to maintain their homes in the community and avoid institutionalization. Limits enrollment to 50 persons per year. Sets forth criteria that persons must meet to enroll in the pilot project. Authorizes DHFS to use emergency rulemaking to implement these provisions. Repeals these provisions on July 1, 2012.

Senate State Government and Veterans Affairs Committee
May 2, 2007, 1:00 p.m.
Capitol Building, Room 409
Springfield, IL

HB 1509, chief sponsor, Senator Carol Ronen
Amends the Illinois Human Rights Act. Provides that the Human Rights Commission, rather than the Chief Legal Counsel of the Department of Human Rights, shall conduct a review of certain decisions of the Director of Human Rights regarding charges. Makes corresponding changes elsewhere in the Act. Authorizes complainants to commence a civil action in the appropriate circuit court instead of filing a complaint with the Human Rights Commission. If the complainant chooses to have the Department of Human Rights file a complaint with the Human Rights Commission on his or her behalf, the complainant must, within 14 days after receipt of the Director's notice, request in writing that the Department file the complaint; if the complainant timely requests that the Department file the complaint, the Department shall file the complaint on his or her behalf; and if the Complainant fails to timely request that the Department file the complaint, the complainant may only commence a civil action in the appropriate circuit court. Provides that the complainant shall have 90 days to either file his or her own complaint with the Human Rights Commission or commence a civil action in the appropriate circuit court if the Department has not issued its report within 365 days after the charge is filed, or any longer period agreed to in writing by all the parties. Provides that civil actions commenced in a circuit court pursuant to specified provisions may be "tried to a judge or a jury". Provides that, if complaint is filed with the Commission, a complainant may not later commence a civil action in a circuit court. Contains applicability provisions. Makes other changes.

Senate Education Committee
May 2, 2007, 2:30 p.m.
Capitol Building, Room 212
Springfield, IL

HB 816, chief sponsor, Senator Deanna Demuzio
Amends the Children with Disabilities Article of the School Code. Provides that when a student who is eligible for special education reaches the majority age of 18 years, rights accorded to the student's parents transfer to the student. Provides that the school district must notify the student and the student's parents of the transfer of rights in writing at a meeting convened to review the student's individualized education program during the school year in which the student turns 17 years of age. Requires the district to also explain to the student and the student's parents the significance of the transfer of parental rights at the majority age of 18. Provides that at that time, the district must provide the student with a copy of the Delegation of Rights form. Provides that rights shall not transfer from the parents to the student if the student has been adjudged incompetent under State law or the student has not been adjudged incompetent, but the student has executed a Delegation of Rights to make educational decisions for the purpose of appointing the student's parent or other adult to represent the educational interests of the student. Allows a student to terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. Sets forth requirements for the Delegation of Rights, including the form.

HB 817, chief sponsor, Senator Deanna Demuzio
Amends the Children with Disabilities Article of the School Code. In the definition of "children with disabilities", provides that an eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for special education services through age 21, inclusive, which, for purposes of the Article, means the day before the student's 22nd birthday.

Senate Insurance Committee
May 2, 2007, 4:00 p.m.
Capitol Building, Room 400
Springfield, IL

HB 148, chief sponsor, Senator M. Maggie Crotty
Amends the Illinois Insurance Code in relation to Medicare supplements. Provides that an issuer of Medicare supplement policies shall not deny coverage to a person under the age of 65 who meets certain criteria. Limits certain rates. Requires that all types of Medicare supplement policies available to persons over 65 years of age be made available to persons who become eligible for Medicare by reason of a disability.

NOTE: If you wish to take any action regarding any of these bills, you may wish to attend the committee hearing and/or contact the sponsor(s) of the bill, the members of the committee hearing the bill, and/or the legislators in your home district. The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website at: www.ilga.gov. You may also check this website to find out if any of the committee hearing dates or times have been changed (which may happen upon very short notice) and to read the full text of the bills.