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Coalition of Citizens with Disabilities in Illinois


A voice for justice and equal opportunity since 1985!




Legislation

COALITION OF CITIZENS WITH DISABILITIES IN ILLINOIS 2008 – 2009 ADVOCACY AGENDA


Employment

CCDI will conduct ongoing advocacy efforts towards improving employment opportunities for people with disabilities. This will be the primary advocacy focus for CCDI. These efforts will include:
  • Conducting an awareness campaign focusing on the benefits and dispelling the misconceptions of hiring people with disabilities, and the high number of people with disabilities in Illinois who cannot locate and/or obtain employment
  • Increasing opportunities for people with disabilities who are currently under-employed to gain access to better jobs with higher wages
  • Creating additional opportunities for people with disabilities to participate in hands on training aimed at enhancing job readiness skills
  • Working to effect legislation and/or changes to existing policies
  • Working with Government agencies (ie: DRS Vocational Rehabilitation Services, Central Management Services, Illinois Employment and Training Center etc.) to improve current service delivery methods


Additional<br><br>

CCDI will promote and/or support the efforts of other advocacy groups to improve the quality of life of people with disabilities in the areas of:
  • Accessible parking
  • Increasing affordable and accessible transportation
  • Healthcare for workers with disabilities
  • Health benefits for Personal Assistants
  • Advancing Olmstead implementation in the least restrictive
  • environment
  • Furthering community choice options
  • Creating more affordable & accessible housing
  • Low income heating and energy assistance (LIHEAP)
  • Efforts to improve transitioning services
  • Human rights and discrimination
  • Assistive technology
  • Voter registration and participation

April 2008 Legislative Update

State Legislative News

By Phil Milsk, CCDI Legislative Affairs Consultant

Legislators are not scheduled to return to the Capitol until April 1st. The deadline has passed for bills to advance out of committee in the house in which they originated, so with the exception of a few bills that may be allowed extended deadlines, bills that failed to move out of committee as of the end of last week are essentially dead.

When the members return on April 1st they will begin deliberating on bills that have been favorably reported out of committees. The next deadline is April 18 when bills must pass from the house of origin to the second chamber. A one-week break for Passover is scheduled for April 21-25, and when both houses return on April 29 we will hopefully be in the stretch run. The scheduled adjournment date is Thursday, May 29. However, given our experience with the budget in 2007 and the apparent lack of anything even approaching an agreement on the budget, the prospects of finishing on time this year seem dismal.


Here are some bills we are watching:<br><br>

SPECIAL EDUCATION:
House Bill 4822 (Coulson, R-Glenview): This bill would update the secondary transition planning section of the Illinois School Code to align its provisions with IDEA. We are working on an amendment with the State Board of Education and the sponsor that would further promote successful transition outcomes. CCDI strongly supports this bill.
STATUS: House 3rd Reading.

WORK INCENTIVES:
House Bill 5251 (Nekritz, D-DesPlaines): This measure, as amended, would change the section of the Public Aid Code dealing with the Health Benefits for Workers with Disabilities program (HBWD) by allowing an individual who is determined by the Social Security Administration to have "medical improvement" to remain on the HBWD program as long as the individual is otherwise eligible. This will benefit a small number of individuals each year whose HBWD eligibility is terminated due to medical improvement.
STATUS: House 3rd Reading. CCDI strongly supports this bill.

PRESCRIPTION DRUG BENEFITS:
House Bill 4449 (Franks, D-Woodstock): Raises the level of pharmaceutical assistance coverage under the Illinois Cares Rx program ("Circuit Breaker") for persons with disabilities between the ages of 55 and 64 and certain individuals age 65 and over. Illinois Cares Rx is designed to fill gaps in the Medicare Part D drug program.
STATUS: House, 2nd Reading. CCDI strongly supports this bill.

DISABILITY AWARENESS EDUCATION:
House Bill 4537 (Flider, D-Decatur): This is an initiative of self-advocates from the Decatur area that calls for school districts to conduct instruction, and/or activities during the school year that promote awareness of disabilities and the disability rights movement.
STATUS: House, 3rd Reading. CCDI supports this bill.

HUMAN RIGHTS:
Senate Bill 2256 (Cullerton, D-Chicago): A follow-up to our SB 593 from 2007. It makes a change in the Article of the Illinois Human Rights Act concerning places of public accommodation in regard to educational facilities. The bill would narrow the exemption created last year for activities that take place in a classroom or in physical education so that the Department of Human Rights would have jurisdiction over certain acts of discrimination that occur in the classroom.
STATUS: Senate, 2nd Reading. CCDI strongly supports this bill.

EMPLOYMENT:
Senate Bill 2538(Garrett, D-Highwood): As amended, the bill requires the Department of Central Management Services, in cooperation with the Department of Human Services, to develop and implement plans to increase the number of individuals with a disability employed by State government and to submit an annual report. It also would require the Department of Commerce and Economic Opportunity, in cooperation with the Department of Human Services, to develop and implement a public awareness campaign designed to increase statewide awareness of issues that affect employment of individuals with a disability. Further, it would require the Department of Human Services to collect information during the period of July 1, 2008 through June 30, 2009 regarding employers' claims of the federal Work Opportunity Tax Credit and to submit an annual report. The bill also provides that a chief procurement officer of a State agency may, as part of any solicitation, encourage prospective vendors to consider hiring qualified individuals with a disability and to notify them of any available financial incentives or other advantages associated with hiring such persons.
STATUS: Senate, 2nd Reading. CCDI is working with the sponsor and other disability advocates on this legislation. Further amendments, including one that would create a mentoring program, are under consideration at this time.

HEALTH CARE ACCESS:
Senate Bill 1925 (Schoenberg, D-Wilmette): This bill would provide State-funded healthcare coverage for uninsured individuals whose incomes are at or below 100% of the federal poverty level. Amendments are currently being discussed to add requirements that would promote cost-savings.
STATUS: Senate, 2nd Reading. CCDI supports this legislation.

Illinois Update

By Phil Milsk, CCDI Legislative Affairs Consultant

We are about to begin the second year of the 95th General Assembly. The activities get underway in earnest on February 13, 2008, when both the House and Senate return to Springfield hoping to take care of the State's business in a timely and conciliatory manner. Many are predicting a repeat of 2007, when important matters were not settled until January, 2008. Look for the budget, capital projects, gaming expansion, education funding and revenues to be the hottest subjects in 2008.

Because the bill introduction deadline is not until February 15, 2008, we anticipate that several thousand more bills will be filed on or before that date. Therefore, we will not provide a detailed list of new legislation until all of the new bills are on record.


CCDI Agenda

We are hoping to move several bills this year that would: (1) Help to improve transition services and outcomes for students with disabilities in high school, (2) Give parents some basic rights if their child is participating in Response to Intervention (RTI) instead of special education, (3) Work with Sen. Susan Garrett (sponsor of SB 156) and other advocacy groups to expand employment opportunities for persons with disabilities in Illinois, and (4) Clarify a provision of the Illinois Human Rights Act regarding places of public accommodation by modifying language concerning schools that was amended last year (SB 593).

The bill numbers for these initiatives will be available soon.

DISABILITY AWARENESS BILL INTRODUCED
A group of self-advocates has asked Rep. Bob Flider (D-Decatur) to introduce a bill that would require the State Board of Education to promote and implement an annual campaign about disability history and awareness in Illinois during 2 weeks in September and 2 weeks in January. The bill would require the State Board to make an annual report to the General Assembly on the status and implementation of the campaign. It would also require each school district to provide instruction on disability history, people with disabilities and the disability rights movement in each grade during the campaign. Further, the bill allows each public university in Illinois to participate in the campaign. The bill is HB 4537 and it is currently in the House Rules Committee.

FEDERAL UPDATE
IDEA RESTORATION BILLS
Several bills have been introduced in the U.S. Congress in an effort to overturn recent U.S. Supreme Court rulings that have severely restricted the rights of parents of children with disabilities in special education due process hearings and civil actions and exacerbated the imbalance that exists between the school districts and parents in these matters. H.R. 4188(Van Hollen and Sessions) was introduced in the U.S. House on November 14, 2007 and referred to the House Committee on Education and Labor. The bill would overturn the 2006 Supreme Court decision in Arlington v. Murphy by providing that a prevailing party in an action or proceeding to enforce the IDEA may be awarded expert witness fees, including the reasonable costs of any test or evaluation necessary for the preparation of the parent's or guardian's case.

S. 2554 was introduced in the Senate by Sen. Kennedy (D-MA). It is titled the "Civil Rights Act of 2008" and attempts to reverse a number of Supreme Court decisions that narrowly interpret various federal civil rights laws. Of interest to us are the provisions that apply to IDEA cases. The bill would negate the effect of the Court's 2001 Buckhannon decision by providing that a "prevailing party" is a party "whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change of position by the opposing party that provides any significant part of the relief sought." In other words, under the bill, if a parent brings a non-frivolous due process hearing request and enters into a voluntary settlement with the school district as a result of the request for a hearing that brings about a significant part of the relief sought by the parent, the parent would be considered a prevailing party for the purpose of being awarded reasonable attorney fees and costs. This bill would also allow a parent or guardian who is a prevailing party to recover expert witness fees. There is also a House version of this bill, H.R. 5129, introduced by Rep. Lewis (D-Georgia).

VISITABILITY LEGISLATION
Rep. Jan Schakowsky (D-Illinois) and several of her House colleagues, including Rep. Danny Davis (D-Illinois) and Rep. Mark Kirk (R-Illinois), introduced H.R. 4202, the "Inclusive Home Design Act of 2007" on November 15, 2007. The bill has been referred to the Subcommittee on Housing and Community Opportunity of the House Financial Services Committee. This bill would require all newly constructed, federally-assisted, single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. If enacted, the bill would apply prospectively (to homes built after the effective date of the new Act). The legislation sets forth visitability standards and an enforcement mechanism. Rep. Schakowsky has long been an advocate of visitability dating back to her days in the Illinois General Assembly. We applaud her for her leadership in this area.

State Children’s Health Insurance Program (SCHIP)


Congress has passed 2 versions of a bill to reauthorize SCHIP. SCHIP is a state-federal partnership that provides health insurance coverage to 6 million children whose parents earn too much to qualify for Medicaid. The President vetoed the first bill on October 3, 2007. The second bill, which contained some modifications to address some of the President’s concerns, passed the House on October 25, 2007, and has now also passed the Senate. However, the bill has not been sent to the President, who has promised to veto the new version, too. Negotiations are underway between key Senate supporters of the bill and House Republicans. One key issue is the extent to which states will be able to claim federal matching funds for health coverage provided to adult caretakers of eligible children.

Illinois would stand to gain almost $500 million to cover uninsured children under the 2nd SCHIP bill passed by Congress. The following members of the Illinois House delegation voted in favor of the bill: Bean, Costello, Davis, Emanuel, Gutierrez, Hare, Jackson, Jr., Kirk, LaHood, Lipinski, Rush, and Schakowsky. Voting against were Biggert, Hastert, Johnson, Manzullo, Roskam, Shimkus, and Weller.


State Update

A spring 2008 session calendar has been issued. The first scheduled session days are January 9 and 10, 2008. These are the only regular session days in January for both the House and Senate. Perfunctory days (days on which committees can be scheduled and bills can be introduced, but the members do not actually go into session) are scattered throughout the month.

The deadline for introducing substantive bills in both the House and Senate is February 15, 2008. The House has set January 11th as its deadline for submitting bill drafting requests to LRB.

With the exception of a couple of perfunctory days, both houses are not scheduled the last 2 weeks of March.

The scheduled adjournment date has been set for May 29th.

Labor-HHS-Education Appropriations for FY 2008

On Thursday, November 15, 2007, the U.S. House of Representatives failed to override the President’s veto of H.R. 3043, the Labor-HHS-Education Appropriations bill. The override effort failed by 2 votes. The Labor-HHS-Education bill funds programs that are critical to the health and well-being of persons with disabilities including LIHEAP, the Social Services Block Grant, IDEA Parts B and C, No Child Left Behind (Title I) , grants to the states for Adult Basic and Literacy Education, Job Training for Adults and Youth, the Community Services Block Grant (CSBG) various health and substance abuse treatment programs, and Pell Grants.

The President vetoed the bill on November 13, 2007 because it called for $9.8 billion more in spending than the President had requested.

A Continuing Resolution is funding the federal government at last year’s levels through December 14, 2007.

Here are a few key Labor-HHS-Education line items and how they would fare under the President’s recommended levels compared to the bill passed by Congress:

All FY 2007 Level Adjusted for Inflation

LIHEAP:
FY 2007 Level: $2.220 billion
President’s Budget Request: 1.782 billion (-20%)
H.R. 3043: 2.411 billion (+9%)

Social Services Block Grant:
FY 2007 Level: $1.746 billion
President’s Budget Request: 1.200 billion (-31%)
H.R. 3043 1.700 billion (-3%)

Community Services Block Grant:
FY 2007 Level: $647.6 million
President’s Budget Request: 0 (-100%)
H.R. 3043 $665.4 million (+3%)

IDEA Part B Grants to States:
FY 2007 Level: $11.077 billion
President’s Budget Request:10.491 billion (-5%)
H.R. 3043: 11.292 billion (+2%)

IDEA Part C Grants to States (“Early Intervention”):
FY 2007 Level: $450.3 million
President’s Budget Request: 423.0 million (-6%)
H.R. 3043: 443.2 million (-2%)

How did the Illinois Delegation Vote?
(A "yes" vote is a vote in favor of H.R. 3043 and for an override of the President's veto). Y=Yes N=No

DEMOCRATS: Bean (Y), Jackson, Jr. (Y), Davis (Y), Schakowsky(Y), Lipinski(Y), Emanuel(Y), Costello(Y), Gutierrez(Y), Rush(Y), Hare(Y)

REPUBLICANS: Biggert (Y), Johnson(Y), Kirk(Y), Roskam(N), Hastert(N), Shimkus(N), Manzullo (N), LaHood (did not vote), Weller (did not vote)

The Basics of the State Budget Process

By Phil Milsk, CCDI Legislative Affairs Consultant

Those who have been paying close attention know that the General Assembly passed a one-month stop-gap budget prior to July 1, 2007, to fund essential State functions and services for 30 days. It did not pass a budget for the full FY 2008 until August 10, 2007, 40 days after the beginning of the fiscal year.

But that was not the end of the story. The Governor then issued a 79-page veto message that eliminated or reduced hundreds of budget line items. Some of these reduced or vetoed items appropriated funds for services to individuals with disabilities. Then, on October 2, 2007, the Illinois House voted to override most of the Governor's budget vetoes and reductions. However, the Illinois Senate decided to leave most of the Governor's vetoes and reductions intact.

To most people the budget process must seem difficult to grasp. Therefore, we decided to offer an article that briefly describes the State budget process in a way that we hope will be understandable for our readers.


The Steps

STEP 1: State Agencies' Internal Budget Process
Just after a fiscal year begins on July 1st, all State entities such as constitutional officers, departments, authorities, public corporations, colleges and universities begin to develop their budgets for the NEXT fiscal year. Some State entities give the public at-large an opportunity to provide comments and recommendations on the next year's budget. As an example, the State Board of Education has already begun a series of regional public meetings on its budget for FY 2009.

STEP 2: The Governor Prepares and Submits a Proposed State Budget
The Governor's proposed budget is a collaborative effort involving the State entities that are funded in the State budget, representatives of the Governor's Office of Management and Budget (GOMB) and other members of the Governor's staff. The Governor's "budget message" is usually delivered in mid-February and the actual budget documents are made available to the public at that time. Individual agencies of the State usually issue materials to the public that are specific to the particular agency's proposed budget. Some agencies have "budget briefings" immediately after the budget address. The Departments of Human Services, Children and Family Services, Healthcare and Family Services and the Department on Aging customarily hold budget briefings where budget information is handed out and questions can be asked about the proposed budget for the agency.

STEP 3: The Legislature Takes Over
The Illinois Constitution provides that the General Assembly shall make appropriations for all expenditures of public funds by the State. The Constitution further provides that the appropriations cannot exceed funds estimated by the General Assembly to be available during that Fiscal Year. In other words, the budget is supposed to be balanced. Unlike the federal government, Illinois' Constitution does not permit the State to operate on a deficit budget.

So, once the Governor proposes his budget for the ensuing fiscal year, it is up to the General Assembly to come up with a balanced budget, run at least one budget bill that appropriates funds for the fiscal year to keep the State functioning, and send that bill or those bills to the Governor.

There are a few things we should mention about the legislative appropriations process:

(1)Legislators can introduce individual appropriations bills to fund specific State agencies or fund specific programs and services through specific State agencies. These individual bills usually do not pass as separate pieces of legislation, but the appropriations proposed in some of these bills may end up in the final budget bill or bills.

(2)Even if a specific funding proposal is not the subject of an appropriations bill, that proposal could end up in the budget if a strong, prudent and persuasive advocacy effort is made with legislators and the Governor to include the proposal in the final budget bill or bills.

(3)Both the House and Senate have multiple Appropriations Committees which hold hearings during the session regarding the budget of each State entity funded by the budget. The committees are usually organized by broad subject matters. For example, the House has appropriation committees for Human Services, General Services, Public Safety, Elementary and Secondary Education and Higher Education. The committees hold hearings where they take testimony and written materials from State agency representatives, interest groups and the general public.
,br> (4)The final budget bill or bills is usually pieced together through negotiations involving the Governor and the 4 legislative leaders with some input from key legislators, legislative caucuses, and the chairs and minority spokespersons of each appropriations committee.

(5)Much of the technical expertise on the budget and the drafting of budget bills and documents is provided by legislative and GOMB staffers.

STEP 4: Budget bill(s) Go to the Governor
Once a budget bill passes both houses of the General Assembly, it goes to the Governor just like any other bill that passes both houses. The Governor has the following options: (1) Sign the bill into law, (2) Veto (zero out) all or portions of the bill or (3) Reduce the funding levels for all or portions of the bill. The Governor can reduce some budget items and veto (or zero out) others in the same veto message. The items that are not reduced or vetoed become law and are included in the budget. That is what occurred this year.

STEP 5: Veto Override
The General Assembly can reject all or part of the Governor's budget veto message if a 3/5 majority in house votes to override a vetoed budget line item or a line item reduction. Remember that if BOTH houses do not vote to override the Governor's action stands.

This year, the House voted to override most of the Governor's line item vetoes and reductions, but the Senate only voted to override a handful of those. The only budget items that were restored to the budget were the ones both houses voted to restore.

STEP 6: Passing a "Supplemental Appropriations Bill"
Even if a budget item is vetoed, reduced or not included in the budget for a particular fiscal year, the General Assembly has the power to take up supplemental funding bills for the current fiscal year. These bills add appropriations for the current fiscal year. For example, if an agency determines that a certain program is spending funds faster than anticipated and the program will run out of money before the end of the fiscal year (June 30th), that agency will ask for additional funds to ensure that the program will be able to run until the end of the fiscal year. A supplemental funding bill can include increases in existing budget line items and new budget items.

WHAT ARE "MEMBER INITIATIVES?” We hear a lot of talk about "member initiatives" or "pork projects". These are specific budget items, usually one-time expenditures and not budget items that recur from year to year, that fund specific projects or programs in a particular legislative district, county, township, village, or other political subdivision such as a school district. Member initiatives are usually requested by individual legislators during the session in order to address needs at the local level that presumably are not otherwise being met by State or local government.

The budget process in Illinois is very complicated and often hard to understand. This article merely presents an overview of the process. We hope it is helpful to our readers.

Advocating for funds in the State budget is quite challenging and often very frustrating. Many groups, service providers, units of local government, colleges, universities, school districts and other entities seek funds for specific purposes every year and they are basically competing against each other for a relatively small pot of money. These efforts require strategies that are very carefully planned and implemented. Success is often determined by the timing of certain events, lobbying skills, grassroots advocacy and, on occasion, sheer good luck.

Budget Vetoes Impact Individuals with Disabilities

By Phil Milsk, CCDI Legislative Affairs Consultant

On August 23, 2007, the Governor issued a 79-page veto message on HB 3866 containing total vetoes and line item reductions. These vetoes and reductions included a number of funding items intended to benefit persons with disabilities.


They include:

$11 million was reduced from funding to provide a 2.5% cost-of-doing-business increase for providers of services to persons with developmental disabilities. The reduction could have an impact on the percentage increase, the implementation date or both.

$10 million was reduced from the funding for the Home Services Program.

$250,000 appropriated to DHS for additional assistive technology devices and services was vetoed out.

$5 million was reduced from a program to provide services for young children with autism and to train staff to work with these children.

$2.1 million for a Statewide Crisis Team to prevent people with developmental disabilities who have significant behavioral issues from going into institutional care was vetoed out.

$5 million was reduced from a line item for community-based services for persons with developmental disabilities.

$3 million was reduced from a line item for new emergency CILA placements.

The House is expected to consider an override vote on some, if not all, of these and other line item vetoes and reductions on October 2, 2007, the first day of the fall veto session. There is no indication whether the Senate will consider overriding any vetoed or reduced items. To override a veto or a line item reduction, both houses must vote to override by a 3/5 vote in each chamber.

Governor Acts on Disability Legislation and Budget

By Phil Milsk, CCDI Legislative Affairs Consultant

On August 27, 2007 the Governor signed SB 765 into law (Public Act 95-438). The new law goes into effect on January 1, 2008. The bill amends the Disability Services Act of 2003 to add an article regarding the implementation of a federal "money follows the person" demonstration grant awarded to the State in May, 2007. The underlying purpose of the bill is to expand community-based long-term care options for persons with disabilities using the demonstration grant as a focal point, without diminishing the quality of care in facilities. It incorporates the concepts of choice, quality assurance, assessment of need, and self-direction. It includes "rebalancing benchmarks" for older adults and persons with developmental, physical or psychiatric disabilities by calling for a 37% increase in community-based long-term spending over the next 5 years. Rulemaking authority for implementation is granted to the Departments of Human Services, Healthcare and Family Services, Aging and Public Health.

Sponsors: Senate - Crotty (D-Oak Forest) and House - Ryg (D-Vernon Hills)


Important HBWD Expansion Bill Enacted

The Governor signed HB 1256 into law on August 29, 2007, effective immediately. Public Act 95-546. The bill amends the Medicaid article of the Public Aid Code regarding the Health Benefits for Workers with Disabilities (HBWD or "Medicaid Buy-In") program. It provides that, subject to federal approval of a State Medicaid Plan amendment, the household income limit for eligibility will increase from 200% of the Federal Poverty Level to 350%. Further, the bill provides that for participants in the HBWD program the asset limit shall be $25,000 (now $10,000) and that certain assets such as retirement accounts and health savings accounts shall be exempt. The bill also provides that if an individual leaves the HBWD program and returns to regular Medicaid, he or she may retain the assets accumulated during periods of eligibility for HBWD up to the HBWD limits without losing eligibility for Medicaid.

Before the new law can be implemented the Department of Healthcare and Family Services must seek and receive approval from the federal government to apply the new eligibility requirements.

Sponsors: House - Feigenholtz (D-Chicago) and Senate: Harmon (D-Oak Park)

House Bill 1256 is a Good Start


By Phil Milsk, CCDI Legislative Affairs Consultant

Fortunately, one such initiative has already passed both houses of the General Assembly and has been sent to the Governor's desk.

House Bill 1256, if signed into law, would greatly expand the Health Benefits for Workers with Disabilities (HBWD) program by (1) increasing the allowable income eligibility limit from 200% of the Federal Poverty Level to 350%, (2) exempting retirement accounts that cannot be accessed without penalty until age 59½ and Medical Savings Accounts, and (3) increasing the amount of allowable assets from $10,000 to $25,000. (NOTE: Under the bill these expansive asset exemptions apply only as to assets amassed during periods of eligibility for HBWD.)

Although it expands the availability of Medicaid for persons with disabilities, HBWD is actually a program designed to offer health care coverage to persons with disabilities as an incentive to go to work and maintain employment. House Bill 1256 also creates an incentive to save and establish financial security by expanding the assets exemptions under HBWD.

By signing HB 1256 into law, the Governor would be creating a terrific work and savings incentive for persons with disabilities while, at the same time, expanding the availability of health care coverage to people who might not otherwise have it.

In the future CCDI will be engaged in the process of developing more ideas about expanding work opportunities and incentives for persons with disabilities. They may include such things exploring ways to improve the vocational rehabilitation system, expanding and improving supported employment, enhancing the quality and outcomes of transition planning and services for students with disabilities in the high schools, expanding access to Assistive Technology in the workplace, and working with employer groups to create incentives for hiring and accommodating persons with disabilities.

Of course, seeking more funding for these programs will always be something we will have to engage in if we are going to succeed in this endeavor. However, we are hopeful that through a thoughtful priority setting process and a strong collaborative effort involving a variety of coalition partners we will eventually succeed in making meaningful employment a reality for many more persons with disabilities in Illinois.




Illinois General Assembly in Overtime


By Phil Milsk, CCDI Legislative Affairs Consultant

July 2, 2007 -- The scheduled adjournment date was May 31, 2007. However, the Governor and legislative leaders have been unable to reach an agreement on a budget for State Fiscal Year 2008, which began yesterday. The parties do not appear to be close to agreeing on a budget.

In order to keep State government running, there was an agreement last week on a one-month "core services" budget that funds State obligations and essential services through July 31, 2007. The one-month budget bill is HB 3920, and it passed both houses last week, clearing the Senate on Friday morning.

Also last Friday, the Governor announced that he was calling both houses back into special session starting on Thursday, July 5, 2007. This was somewhat of a surprise to legislative leaders and rank-in-file members, who were planning to be off until July 10 or 11. Similar special session days were called in 2004, the most recent overtime session. In 2004, members would typically go into session for an hour or so and then have no business to conduct the rest of the day. This type of scenario is predicted again until the leaders and the Governor move closer to an agreement.

In the meantime, bills continue to go to the Governor for consideration. Senate Bill 593, CCDI's bill to modernize the public accommodations article of the Illinois Human Rights Act, was sent to the Governor late last week. House Bill 817, another bill CCDI worked on to benefit young adults with special education transition needs by extending eligibility to the 22nd birthday, was sent to the Governor on May 24, 2007, but no action has been taken on that bill yet. House Bill 1256, the bill that would expand the Health Benefits for Workers with Disabilities program (HBWD), has yet to be sent over to the Governor's office, but it has passed both houses.

A bill that passes both houses must be sent to the Governor within 30 days of passage. The Governor then has 60 days to act on the bill.

Many people have been asking about the status of Illinois Covered, the proposal to provide health care coverage to the uninsured in Illinois. The Governor's office and Senate President Jones continue to push to include Illinois Covered in the final budget. It has essentially become a budget issue at this point. The keys are (1) finding a way to pay for Illinois Covered that will be acceptable to legislative leaders and (2) convincing leaders in the House that Illinois Covered is a high priority among Illinois voters. There is always an option of implementing a smaller scale Illinois Covered proposal and/or phasing in the broader package of benefits over a period of several years.




June 2007 State Legislative Update


By CCDI Governmental Affairs Consultant Phil Milsk

HB 817 (Special Education-Age of Eligibility)

This CCDI initiative clarifies that a student who requires IEP services to facilitate his or her transition to adult life activities shall receive services up until the day before their 22nd birthday. Most school districts currently will serve a student until the end of the school year in which the student turns 21. This bill could mean up to a year of additional IEP transition services for some students.
STATUS: Passed both Houses. Sent to the Governor on May 24, 2007.
CHIEF SPONSORS:
House: Coulson
Senate: Demuzio

SB 396 (Special Education-Transfer of Rights)
Another CCDI initiative on special education provides for the transfer of parental rights to the student at the student's 18th birthday in accordance with IDEA 2004. The bill establishes a delegation of rights procedure for a student who reaches 18 and does not have a legal guardian, but who prefers to have another adult make educational decisions for him or her. The delegation of rights is revocable at any time by the student and must be renewed annually.
STATUS: Passed both Houses
CHIEF SPONSORS:
Senate: Demuzio
House: Coulson

SB 593 (Human Rights Act-Places of Public Accommodation)
Incorporates the broader Americans with Disabilities Act definition of "place of public accommodation" into the Illinois Human Rights Act, with a few modifications. Under the revised definition, schools, medical and other professional offices, among others, would now be covered by the Act. The bill also changes references to "handicap" throughout the Act to "disability."
STATUS: Passed the Senate. House 3rd Reading.
CHIEF SPONSORS:
Senate: Cullerton
House: Fritchey

HB 1256 (Health Benefits for Workers with Disabilities)
This is an initiative of Health and Disability Advocates and the AIDS Foundation of Chicago. The bill makes changes to the HBWD (Medicaid Buy-In) program as follows: (1) Increases the income eligibility maximum from 200 to 350% of the federal poverty level, (2) Raises the asset exemption from $10,000 to $25,000, (3) Exempts retirement accounts that cannot be withdrawn without penalty until age 59 ½ and Medical Savings Accounts.
STATUS: Passed Senate. On House Concurrence Calendar (Senate Amendment #1).
CHIEF SPONSORS:
House: Feigenholtz
Senate: Harmon

HB 209 (Family Opportunity Act)
Requires the Departments of Human Services and Healthcare and Family Services to implement the Federal Family Opportunity Act (enacted as part of the Deficit Reduction Act of 2005). FOA provides for State-optional Medicaid coverage for children with disabilities whose family income is between 200-300% of the Federal Poverty Level. These children are currently eligible for Illinois' All-Kids program, but this bill would allow Illinois to claim Federal matching funds for these expenses. The bill would also require the establishment of a Family to Family healthcare resource and information program (currently operated under a federal grant by the Arc of Illinois) and requires the State to apply for all available federal funds made available to implement the act. STATUS: Passed both Houses.
CHIEF SPONSORS:
House: Krause
Senate: Collins

SB 765 (Money Follows the Person Implementation Act)
As amended, this bill essentially becomes a vehicle for the implementation of a 5-year $55 million grant from the Federal Government to eliminate barriers or mechanisms that prevent the flexible use of Medicaid dollars to provide home and community-based service options for persons with disabilities and to "re-balance" the expenditure of long-term care dollars in Illinois. Sets a 5-year target for re-balancing. STATUS: Passed the House as amended. On Senate Concurrence Calendar (House Amendment #1)
CHIEF SPONSORS:
Senate: Crotty
House: Ryg





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