Full Text of SB0063 98th General Assembly
SB0063enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by changing Section 5-550 as follows:
| 6 | | (20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
| 7 | | Sec. 5-550. In the Department of Human Services. A State | 8 | | Rehabilitation
Council, hereinafter referred to as the | 9 | | Council, is hereby established for
the purpose of complying | 10 | | with the requirements of 34 CFR 361.16 and advising the | 11 | | Secretary of Human Services and the vocational rehabilitation
| 12 | | administrator of the provisions of the federal Rehabilitation | 13 | | Act of 1973 and
the Americans with Disabilities Act of 1990 in | 14 | | matters concerning individuals
with disabilities and the | 15 | | provision of vocational rehabilitation services. The Council
| 16 | | shall consist of 25 members appointed by the Governor after | 17 | | soliciting
recommendations from representatives of | 18 | | organizations representing a broad
range of individuals with | 19 | | disabilities and organizations interested in
individuals with | 20 | | disabilities. However, the Governor may delegate his | 21 | | appointing authority under this Section to the Council by | 22 | | executive order. | 23 | | The Council shall consist of the following appointed |
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| 1 | | members: The Governor shall appoint to this Council
the | 2 | | following:
| 3 | | (1) One representative of a parent training center | 4 | | established in
accordance with the federal Individuals | 5 | | with Disabilities Education Act.
| 6 | | (2) One representative of the Client Assistance | 7 | | Program client assistance program .
| 8 | | (3) One vocational rehabilitation counselor who has | 9 | | knowledge of and
experience with vocational rehabilitation | 10 | | programs.
( If an employee of the Department of Human | 11 | | Services is appointed under this item , then he or she that | 12 | | appointee shall serve
as an ex officio, nonvoting member. )
| 13 | | (4) One representative of community rehabilitation | 14 | | program service
providers.
| 15 | | (5) Four representatives of business, industry, and | 16 | | labor.
| 17 | | (6) At least two but not more than five representatives | 18 | | Eight representatives of disability advocacy groups | 19 | | representing a
cross section of the following:
| 20 | | (A) individuals with physical, cognitive, sensory, | 21 | | and mental
disabilities; and
| 22 | | (B) parents, family members, guardians, advocates, | 23 | | or authorized
representative of individuals with | 24 | | disabilities who have difficulty in
representing | 25 | | themselves or who are unable, due to their | 26 | | disabilities, to
represent themselves.
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| 1 | | (7) One current or former applicant for, or recipient | 2 | | of, vocational
rehabilitation services.
| 3 | | (8) One representative Three representatives from | 4 | | secondary or higher education.
| 5 | | (9) One representative of the State Workforce | 6 | | Investment Board.
| 7 | | (10) One representative of the Illinois State Board of | 8 | | Education who is
knowledgeable about the Individuals with | 9 | | Disabilities Education Act.
| 10 | | (11) The chairperson of, or a member designated by, the | 11 | | Statewide Independent Living Council established under | 12 | | Section 12a of the Disabled Persons Rehabilitation Act. | 13 | | (12) The chairperson of, or a member designated by, the | 14 | | Blind Services Planning Council established under Section | 15 | | 7 of the Bureau for the Blind Act. | 16 | | (13) The vocational rehabilitation administrator, as | 17 | | defined in Section 1b of the Disabled Persons | 18 | | Rehabilitation Act, who shall serve as an ex officio, | 19 | | nonvoting member. | 20 | | The chairperson
of, or a member designated
by,
the Statewide | 21 | | Independent Living Council
created under Section 12a of the | 22 | | Disabled Persons Rehabilitation Act, the
chairperson of the | 23 | | Blind
Services Planning Council created under the Bureau for | 24 | | the Blind Act, and the
vocational rehabilitation administrator
| 25 | | shall
serve as ex officio members.
The vocational | 26 | | rehabilitation administrator
shall have no vote.
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| 1 | | The Council shall select a Chairperson.
| 2 | | The Chairperson and a majority of the at least 12 other
| 3 | | members of the Council shall be persons who are individuals | 4 | | with disabilities have a recognized disability . At least one
| 5 | | One member shall be a senior citizen age 60 or over , and at | 6 | | least one member shall be at least 18 but not more than 25 | 7 | | years old . A majority of the
Council members shall not be | 8 | | employees of the Department of Human Services.
Current members | 9 | | of the Rehabilitation Services Council shall serve
until | 10 | | members of the newly created Council are appointed.
| 11 | | The terms of all members appointed before the effective | 12 | | date of Public Act
88-10 shall expire on July 1, 1993. The
| 13 | | members first
appointed under Public Act 88-10 shall
be | 14 | | appointed to serve for
staggered terms beginning July 1, 1993, | 15 | | as follows: 7 members shall be
appointed for terms of 3 years, | 16 | | 7 members shall be appointed for terms of 2
years, and 6 | 17 | | members shall be appointed for terms of one year. Thereafter, | 18 | | all
appointments shall be for terms of 3 years. Vacancies shall | 19 | | be filled for
the unexpired
term.
Appointments to fill | 20 | | vacancies in unexpired terms and new terms shall be
filled by | 21 | | the Governor or by the Council if the Governor delegates that | 22 | | power
to the
Council by executive order.
Members shall serve | 23 | | until their successors are appointed and
qualified. No member, | 24 | | except the representative of the client assistance
program, | 25 | | shall serve for more than 2 full terms.
| 26 | | Members appointed to the Council for full terms on or after |
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| 1 | | the effective date of this amendatory Act of the 98th General | 2 | | Assembly shall be appointed for terms of 3 years. No Council | 3 | | member, other than the vocational rehabilitation administrator | 4 | | and the representative of the Client Assistance Program, shall | 5 | | serve for more than 2 consecutive terms as a representative of | 6 | | one of the 13 enumerated categories. If an individual, other | 7 | | than the vocational rehabilitation administrator and the | 8 | | representative of the Client Assistance Program, has completed | 9 | | 2 consecutive terms and is eligible to seek appointment as a | 10 | | representative of one of the other enumerated categories, then | 11 | | that individual may be appointed to serve as a representative | 12 | | of one of those other enumerated categories after a meaningful | 13 | | break in Council service, as defined by the Council through its | 14 | | by-laws. | 15 | | Vacancies for unexpired terms shall be filled. Individuals | 16 | | appointed by the appointing authority to fill an unexpired term | 17 | | shall complete the remainder of the vacated term. When the | 18 | | initial term of a person appointed to fill a vacancy is | 19 | | completed, the individual appointed to fill that vacancy may be | 20 | | re-appointed by the appointing authority to the vacated | 21 | | position for one subsequent term. | 22 | | If an excessive number of expired terms and vacated terms | 23 | | combine to place an undue burden on the Council, the appointing | 24 | | authority may appoint members for terms of 1, 2, or 3 years. | 25 | | The appointing authority shall determine the terms of Council | 26 | | members to ensure the number of terms expiring each year is as |
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| 1 | | close to equal as possible. | 2 | | Notwithstanding the foregoing, a member who is serving on | 3 | | the Council on the effective date of this amendatory Act of the | 4 | | 98th General Assembly and whose term expires as a result of the | 5 | | changes made by this amendatory Act of the 98th General | 6 | | Assembly may complete the unexpired portion of his or her term. | 7 | | Members shall be reimbursed in accordance with State laws, | 8 | | rules, and rates
for their actual expenses incurred in the | 9 | | performance of their approved, Council-related duties,
| 10 | | including expenses for travel, child care, or and personal | 11 | | assistance services . A ,
and a
member who is not employed or | 12 | | who must forfeit wages from other employment may
shall be paid | 13 | | reasonable compensation , as determined by the Department, for | 14 | | each day the member is engaged in
performing approved the | 15 | | duties of the Council.
| 16 | | The Council
shall meet at least 4 times per year at times | 17 | | and places designated by the Chairperson
Chairman upon 10 days | 18 | | written notice to the members. Special meetings may
be called | 19 | | by the Chairperson or 7 members of the
Council upon 7 days | 20 | | written
notice to the other members. Nine members shall | 21 | | constitute a
quorum.
No member of the Council shall cast a vote | 22 | | on any matter that would provide
direct financial benefit to | 23 | | the member or otherwise give the appearance of a
conflict of | 24 | | interest under Illinois law.
| 25 | | The
Council shall prepare and submit to the
vocational | 26 | | rehabilitation
administrator
the reports and findings
that the |
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| 1 | | vocational rehabilitation administrator may request or
that | 2 | | the Council deems fit.
The Council shall select jointly with | 3 | | the
vocational rehabilitation
administrator
a pool of
| 4 | | qualified persons to serve as impartial hearing officers.
The | 5 | | Council shall, with the vocational rehabilitation unit in the | 6 | | Department,
jointly develop, agree to, and review annually | 7 | | State goals and priorities and
jointly submit annual reports of | 8 | | progress to the federal Commissioner of
the
Rehabilitation | 9 | | Services Administration.
| 10 | | To the extent that there is a disagreement between the | 11 | | Council and the unit
within the
Department of Human Services | 12 | | responsible for the administration of the
vocational | 13 | | rehabilitation program, regarding the resources
necessary to | 14 | | carry out the functions of the Council as set forth in this
| 15 | | Section, the
disagreement shall be resolved by the Governor.
| 16 | | (Source: P.A. 91-239, eff. 1-1-00; 91-540, eff.
8-13-99; 92-16, | 17 | | eff. 6-28-01.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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