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91_SB1023
LRB9104785DJcdA
1 AN ACT to create a Commission for the Blind.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Commission for the Blind Act.
6 Section 5. Definitions. As used in this Act:
7 "Commission" means the Commission for the Blind.
8 "Director" means the Director of the Commission for the
9 Blind.
10 "Blind" means any person whose central visual acuity does
11 not exceed 20/200 in the better eye with corrective lenses or
12 a visual field of 20 degrees or less in the better eye with
13 best correction, or a visually impaired person whose vision
14 with best correction is 20/60 in the better eye, or with a
15 field restriction of 105 degrees if monocular vision or 140
16 degrees if binocular vision.
17 "Board" means the board of commissioners who administer
18 and establish policy and programs for the commission,
19 established pursuant to Section 30.
20 Section 10. Commission created; director. There shall be
21 established a separate and independent commission for the
22 blind and visually impaired in the State of Illinois. The
23 commission shall be headed by a director who shall be fully
24 qualified by education, experience, and demonstrated ability
25 in the rehabilitation or education, or both, of the blind.
26 The director shall also possess documented, relevant
27 administrative experience. If applicants are deemed to be
28 equally qualified, preference shall be given to a person who
29 is blind. The director shall be appointed by the board with
30 the approval of the Governor. In the event of a vacancy, the
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1 board shall have the authority to appoint a temporary
2 director who shall not require the approval of the Governor.
3 The director shall be responsible to the board in the area of
4 policy development and general direction of the commission
5 and shall report to the Governor in matters of routine
6 operations and compliance with State and federal laws and
7 regulations. The commission shall be staffed with an adequate
8 number of professional people especially qualified to develop
9 and deliver educational and rehabilitation services to blind
10 people, with appropriate preference given in choosing people
11 who are blind.
12 At start-up, the commission shall assist all staff
13 currently working within the Illinois Bureau of Blind
14 Services, excluding the bureau chief, to transfer to the
15 commission. This shall include honoring all pre-existing
16 labor agreements affecting employees represented by
17 bargaining units. This assistance shall also include but not
18 be limited to re-training, relocation, and other services
19 which are necessary to allow staff to transition into the
20 same or similar functions within the commission as they now
21 perform within the Illinois Bureau of Blind Services. In the
22 event that a staff member chooses not to transfer to the
23 commission, the staff member shall be provided with resources
24 to assist the staff member in seeking other employment either
25 within State government or outside.
26 The commission shall be operational as of July 1, 2000.
27 After the effective date of this Act, the initial board shall
28 prepare a job description for the director and identify
29 candidates to fill this position. The board shall follow the
30 guidelines prescribed in this Act to appoint the initial
31 director. Upon appointment, the board and director shall
32 prepare appropriate job descriptions for all other commission
33 staff positions.
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1 Section 15. Purpose. The commission shall plan, develop,
2 delineate, deliver, and evaluate a wide range of educational
3 and rehabilitation services for blind citizens of Illinois,
4 including adjustment-to-blindness counseling, community and
5 residential services, advocacy and outreach, and vocational
6 training and placement, to help those people in Illinois who
7 are blind to achieve their fullest possible potential.
8 The commission shall foster comprehensiveness of service
9 by entering into cooperative working agreements with other
10 service providers.
11 The commission shall administer educational and
12 rehabilitation programs for blind people within the State of
13 Illinois currently administered by the Illinois Bureau of
14 Blind Services and the Illinois Department of Human Services,
15 including but not limited to the Illinois Center for
16 Rehabilitation and Education-Wood, the Illinois School for
17 the Visually Impaired, Community Services for the Visually
18 Impaired, Services for the Elderly Blind, early intervention
19 programs serving infants and children from birth through 5
20 years of age, transition programs for high school age
21 children who are blind, the Vending Facility Program, and
22 vocational rehabilitation services for people who are blind.
23 Section 20. Finances. The director, with participation by
24 the board and appropriate technical assistance, shall prepare
25 and submit to the General Assembly an annual budget for the
26 commission, including anticipated growth and development and
27 new initiatives. Start-up and ongoing funding shall come from
28 pre-existing funds allocated for services to blind people.
29 The commission shall receive an amount of not less than 20%
30 of the total funds allocated for services provided by the
31 Illinois Department of Human Services, as successor to the
32 Department of Rehabilitation Services, before the effective
33 date of this Act, minus funds allocated for both the home
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1 services program and the Social Security Disability Insurance
2 program. Sources of funding for the commission shall include
3 but not be limited to: the General Revenue Fund, donations,
4 bequests, soft match, federal match, grants, the State Board
5 of Education, and other funds. The board shall have the
6 responsibility to ensure that monies appropriated for the
7 education and rehabilitation of blind people are spent for
8 that purpose in compliance with existing State and federal
9 regulations. The commission's record keeping procedure shall
10 also comply with existing State and federal regulations.
11 Section 25. Administration. Quality assurance of services
12 provided to blind persons shall be the sole responsibility of
13 the commission. In addition, the commission shall be solely
14 responsible for reviewing services provided to blind persons
15 to ensure they are in compliance with existing State and
16 federal regulations. Payment of operational expenses such as
17 legal services, data processing, printing, office rental, and
18 maintenance and supplies shall be the sole responsibility of
19 the commission unless commission staff shares office space
20 with other State agencies, in which case a pro-rata agreement
21 shall be negotiated. The director shall prepare an annual
22 report, which shall be submitted to commission personnel, the
23 board, the Governor, and the General Assembly before becoming
24 a matter of public record. This report shall include the
25 results of program evaluations to determine the benefits
26 derived by blind people and society at large from the work of
27 the commission.
28 Section 30. Board. There shall be created a board, which
29 shall provide general direction and oversight to the
30 Commission for the Blind. The board shall be composed of 7
31 members. Initially, the chair of the existing Blind Services
32 Planning Council shall receive nominations for positions on
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1 the board, which must be submitted to the Governor within 15
2 days after their receipt by the chair. Within 60 days after
3 submission of the nominations to the Governor, the Governor
4 shall appoint candidates to the initial board, within the
5 guidelines provided. Thereafter, members shall be appointed
6 by the Governor within 60 days after the Governor's receipt
7 of a list of candidates prepared by the board with the advice
8 of the director.
9 The Governor shall be presented with 2 or more nominees
10 for each board position. The Governor must choose from the
11 nominees presented for each specific board position.
12 All members shall be selected based on their demonstrated
13 ability to plan, oversee, and evaluate educational and
14 rehabilitation programs for the blind. At least 4 members
15 must be blind. Board appointments shall comply with existing
16 State and federal laws with regard to racial and ethnic
17 diversity and equal opportunity. Board membership shall
18 consist of one representative from each of the 2 statewide
19 consumer organizations of the blind (the Illinois Council of
20 the Blind and the National Federation of the Blind of
21 Illinois), one representative from the Vending Facility
22 Program, 2 representatives from the Illinois School for the
23 Visually Impaired, one person representing senior citizens
24 who are blind, and one person representing parents of blind
25 children.
26 Initially, 2 members shall be appointed for terms of one
27 year, 2 for terms of 2 years, and 3 for terms of 3 years,
28 with a partial term of 18 months or more counting as a full
29 term. Subsequent terms shall be for 3 years each. No member
30 shall serve more than 2 consecutive terms. No commission
31 employee shall be a member of the board, but commission
32 employees may be assigned to provide technical assistance
33 upon request of the chairperson, provided that the assignment
34 does not result in a reduction of services to commission
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1 clients. No agency contracted to do business with the
2 commission shall be allowed to have employees serving as
3 members of the board.
4 Members shall be removed for cause, including, but not
5 limited to, demonstrated incompetence, unethical behavior,
6 and unwillingness or inability to serve. Vacancies occurring
7 on the board shall be filled by appointment pursuant to the
8 guidelines provided in this Section.
9 The board shall meet at least twice each month, except
10 that emergency meetings may be convened more frequently by
11 the chairperson or the director. Members shall receive
12 reimbursement for actual costs incurred in the performance of
13 their duties while conducting approved board-related
14 business.
15 Members shall be governed by appropriate and applicable
16 State and federal statutes and regulations on matters such as
17 ethics, confidentiality, freedom of information, travel, and
18 civil rights. The board shall elect a chairperson and a
19 secretary from among its members. The chairperson shall
20 appoint standing committees on management and budget, program
21 planning and evaluation, membership, and legislation, and
22 such ad-hoc committees as are necessary to conduct board
23 activities related to program components of the commission or
24 initiatives to enhance the quality of life for Illinois
25 citizens who are blind.
26 The board shall do all of the following:
27 (1) Develop a mission statement, goals, and
28 objectives for the operation of the commission.
29 (2) Develop by-laws and policies governing the
30 operations of the board.
31 (3) Develop and implement personnel policies in
32 compliance with existing State and federal regulations.
33 (4) Develop and implement its own reasonable
34 accommodations policy for commission employees. Among
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1 other activities related to reasonable accommodations for
2 commission employees, this policy shall ensure that
3 computer technology purchased by the commission is
4 completely accessible to employees who are blind.
5 (5) Develop an appeals process to which both
6 commission employees and clients shall have access.
7 (6) Facilitate communication and cooperation
8 efforts between the commission and all agencies with any
9 responsibility to deliver services to blind persons.
10 (7) Oversee the development of operating policy and
11 procedure manuals and ensure that commission employees
12 have access to these manuals in their media of choice.
13 (8) With input from the director, develop
14 programmatic and fiscal priorities governing the
15 provision of services and the awarding of grants and
16 contracts by the commission to any person or public or
17 private agency.
18 (9) In cooperation with the commission staff,
19 design and conduct program evaluations and encourage
20 independent research by qualified researchers to improve
21 services to blind persons, including those with multiple
22 disabilities.
23 (10) Participate in the development and review of
24 proposed and amended rules and regulations of the
25 commission relating to services for blind persons.
26 (11) Promote public education on blindness and
27 solicit public support for services to blind persons.
28 (12) Encourage creative and innovative programs to
29 strengthen, expand, and improve education and
30 rehabilitation for blind persons, including outreach
31 services.
32 (13) Assist the commission in developing and
33 implementing a public education and outreach program
34 which will ensure the public's awareness of the Illinois
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1 School for the Visually Impaired as a vital part of the
2 full continuum of options for education of blind
3 children.
4 (14) Approve all labor agreements negotiated on
5 behalf of commission employees represented by bargaining
6 units.
7 (15) Perform such other functions as may be
8 necessary to enhance the participation of blind persons
9 in the social, cultural, and economic activities of the
10 State of Illinois.
11 The Board shall supersede and replace the Blind Services
12 Planning Council and all other advisory committees
13 functioning within the Bureau of Blind Services on the
14 effective date of this Act, with the exception of federally
15 mandated advisory groups. Nothing in this Act precludes the
16 board from performing federally mandated functions.
17 Section 35. Commission assistance to the board. In order
18 that the board may function effectively and provide a
19 meaningful service, the commission shall do all of the
20 following:
21 (1) Provide adequate space for meetings in a
22 convenient location.
23 (2) Provide sufficient clerical services and other
24 technical assistance as provided in Section 30.
25 (3) Provide adequate and secure storage for
26 records.
27 (4) Make all records pertaining to the commission
28 available to the board except those governed by
29 confidentiality because of their being related to a
30 specific client.
31 (5) Reimburse board members for meeting attendance
32 and performance of other duties as provided in Section
33 30.
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1 (6) Cooperate with the board in planning,
2 delivering, and evaluating services to improve the lives
3 of Illinois citizens who are blind.
4 (7) Support the board in a strong advocacy and
5 outreach role.
6 (8) Give full faith and credit to the work and
7 recommendations of the board.
8 Section 40. Commission's responsibilities to the Vending
9 Facility Program. The commission shall oversee the broader
10 aspects of the Vending Facility Program. The specific
11 direction and policies of the Vending Facility Program shall
12 be the responsibility of the Illinois Committee of Blind
13 Vendors. The Vending Facility Program, and the Illinois
14 Committee of Blind Vendors as its governing board, shall fall
15 under the commission hierarchy for the purposes of giving its
16 blind vendors and staff the administrative, legal, and
17 budgetary resources to prosper in its own right as provided
18 for in the Randolph-Sheppard Act. The commission shall
19 provide services to blind vending managers and the Illinois
20 Committee of Blind Vendors. This assistance shall include but
21 not be limited to business counseling, equipment procurement,
22 inventories, program accounting, financial audits, data
23 processing, legal services, budget formulation, training,
24 finding and opening new vending locations for both new and
25 existing vendors, and such other services as either are
26 required by the Randolph-Sheppard Act or requested by blind
27 vendors in Illinois. The commission shall have the legal
28 authority and resources available to advocate for the rights
29 of blind vendors to receive priority in operating facilities
30 on properties under the jurisdiction of federal, State,
31 county, and municipal units of government in Illinois.