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Full Text of SB1860
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SB1860 - 104th General Assembly
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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.
LRB104 10514 JRC 20589 b
A BILL FOR
SB1860
LRB104 10514 JRC 20589 b
1
AN ACT concerning human rights.
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
State
5
Disability Ombudsperson Act.
6
Section 5.
Findings.
Individuals with reported
7
disabilities make up an estimated nearly 12% of the population
8
of Illinois with another 10% estimated to be unreported.
9
People living with disabilities are entitled to the fair and
10
equal opportunities in society and all aspects of their lives.
11
Yet they routinely face barriers and discrimination that limit
12
their access to fair and equal opportunity in housing,
13
education, employment, health care, transportation, and other
14
daily activities. Therefore, the General Assembly finds that a
15
State Disability Ombudsperson dedicated to advocating for the
16
rights of disabled persons, in conjunction with the Long-term
17
Care Ombudsperson and Home Care Ombudsperson, advances the
18
goals of the State to ensure that all citizens can participate
19
in society fully and free from discrimination.
20
Section 10.
Definitions.
As used in this Act:
21
"Department" means the Department of Human Rights.
22
"Disabled person" means a person who has a physical or
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LRB104 10514 JRC 20589 b
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mental impairment that substantially limits one or more major
2
life activities, a person who has a history or record of such
3
an impairment, or a person who is perceived by others as having
4
such an impairment.
5
Section 15.
Office of the State Disability Ombudsperson.
6
(a) There is created in the Department of Human Rights,
7
under the supervision and control of the Director, the Office
8
of the State Disability Ombudsperson.
9
(b) The Department shall name an Ombudsperson and other
10
persons as necessary to discharge the requirements of this
11
Act. The Ombudsperson shall have the powers and duties as
12
delegated by the Department, in addition to the powers and
13
duties set forth in this Act.
14
(c) Information and advice provided by the Ombudsperson
15
has no binding legal effect and is not subject to the
16
provisions of the Illinois Administrative Code.
17
Section 20.
Education.
On or before July 1, 2026, the
18
Ombudsperson shall offer training, outreach, and educational
19
materials, and may arrange for the offering of courses open to
20
the public in subjects relevant to:
21
(1) disability services;
22
(2) disability rights training;
23
(3) disability rights laws;
24
(4) disability benefits;
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(5) accessibility; and
2
(6) any other topic the Ombudsperson finds relevant
3
and beneficial to disabled persons and the broader
4
community.
5
Section 25.
Website; toll-free number.
6
(a) The Office shall maintain on the Department's website
7
the following information:
8
(1) the text of this Act and all other Acts that the
9
Office determines relevant to the population it serves,
10
including, but not limited to, the American with
11
Disabilities Act, the Individuals with Disabilities
12
Education Act, the Disabilities Services Act of 2003, the
13
Environmental Barriers Act, and the Fair Housing Act;
14
(2) a description of the services provided by the
15
Ombudsperson and information on how to contact the
16
Ombudsperson for assistance; and
17
(3) any other information that the Ombudsperson
18
determines is useful to the population it serves.
19
(b) The Office shall make available during regular
20
business hours a statewide toll-free telephone number to
21
provide information and resources on matters relating to
22
disability rights and disability services.
23
Section 30.
Duties and services.
24
(a) The Office of the Ombudsperson shall:
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(1) prescribe a method by which complaints to the
2
office are made, reviewed, and acted upon;
3
(2) monitor the development and implementation of
4
federal, State, or local laws, rules, and policies
5
affecting the rights and benefits of disabled persons;
6
(3) comment on and recommend to public and private
7
agencies regarding laws, rules, and policies affecting
8
disabled persons;
9
(4) conduct public forums to obtain information about
10
and publicize issues affecting disabled persons; and
11
(5) investigate the quality of services provided to
12
disabled persons and determine the extent to which quality
13
assurance mechanisms within State and county government
14
work to promote the health, safety, and welfare of
15
disabled persons.
16
(b) Upon receiving a request, complaint, or other
17
information affording reasonable grounds to believe that the
18
rights of disabled persons have been violated or the health,
19
safety, welfare, or rights of disabled persons have been
20
adversely affected, the Office shall:
21
(1) gather information and evaluate any act, practice,
22
policy, procedure, or administrative action that may
23
violate the rights of disabled persons or adversely affect
24
the health, safety, welfare, or rights of disabled
25
persons; and
26
(2) mediate or advocate on behalf of disabled persons
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on issues, including, but not limited to, education,
2
employment, health care, housing, and transportation;
3
(c) The Office shall assist in the application of public
4
benefits when services are requested;
5
(d) The Office shall provide assistance and education,
6
when requested, to disabled persons on matters, including, but
7
not limited to, education, employment, health care, housing,
8
and transportation; and
9
(e) The Office shall establish a procedure for referral to
10
disability rights organizations, community-based services, and
11
legal and court room advocacy when services are requested or
12
deemed necessary by the Ombudsperson.
13
Section 35.
Confidentiality.
All information related to
14
requests, complaints, concerns, and other communications
15
reported to the Ombudsperson shall be treated as confidential
16
to the extent permitted by law.
17
Section 40.
Reports.
18
(a) The Office shall submit an annual written report on
19
the activities of the Office to the Governor, the President of
20
the Senate, the Minority Leader of the Senate, the Speaker of
21
the House of Representatives, and the Minority Leader of the
22
House of Representatives. The report shall summarize the
23
activities of the previous year, including, but not limited
24
to:
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(1) annual workload and performance data, including:
2
(A) the number and type of complaints or concerns
3
reported to the Office and the manner in which such
4
complaints or concerns were handled;
5
(B) the number and type of requests for assistance
6
from the Office and the manner in which such
7
assistance was conducted;
8
(C) the types of training, education, or other
9
information provided and the manner in which it was
10
conducted; and
11
(D) the staff time required to provide the
12
assistance, training, education, or other information;
13
(2) analysis of identified trends in the issues
14
reported to and handled by the Office; and
15
(3) recommendations for statutory reform.
16
(b) The Office shall submit its report detailing the
17
previous year no later than January 15 of each year. The report
18
shall be made available to the public on the Office's official
19
website.
20
(c) Upon receipt of the report, the General Assembly shall
21
conduct a formal joint hearing as decided by the President of
22
the Senate and Speaker of the House of Representatives to be
23
briefed on the work of the Office and potential legislative
24
recommendations outlined in the report.
25
Section 45.
Rules.
The Department shall adopt such rules
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1
as are necessary for the administration and enforcement of the
2
provisions of this Act. Any rule adopted under this Act is
3
subject to the rulemaking provisions of the Illinois
4
Administrative Procedure Act.
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