Illinois General Assembly - Full Text of SB0063
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Full Text of SB0063  98th General Assembly

SB0063enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB0063 EnrolledLRB098 04120 JDS 34143 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended 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
8Rehabilitation Council, hereinafter referred to as the
9Council, is hereby established for the purpose of complying
10with the requirements of 34 CFR 361.16 and advising the
11Secretary of Human Services and the vocational rehabilitation
12administrator of the provisions of the federal Rehabilitation
13Act of 1973 and the Americans with Disabilities Act of 1990 in
14matters concerning individuals with disabilities and the
15provision of vocational rehabilitation services. The Council
16shall consist of 25 members appointed by the Governor after
17soliciting recommendations from representatives of
18organizations representing a broad range of individuals with
19disabilities and organizations interested in individuals with
20disabilities. However, the Governor may delegate his
21appointing authority under this Section to the Council by
22executive order.
23    The Council shall consist of the following appointed

 

 

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1members: The Governor shall appoint to this Council the
2following:
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.
20The chairperson of, or a member designated by, the Statewide
21Independent Living Council created under Section 12a of the
22Disabled Persons Rehabilitation Act, the chairperson of the
23Blind Services Planning Council created under the Bureau for
24the Blind Act, and the vocational rehabilitation administrator
25shall serve as ex officio members. The vocational
26rehabilitation 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
3members of the Council shall be persons who are individuals
4with disabilities have a recognized disability. At least one
5One member shall be a senior citizen age 60 or over, and at
6least one member shall be at least 18 but not more than 25
7years old. A majority of the Council members shall not be
8employees of the Department of Human Services. Current members
9of the Rehabilitation Services Council shall serve until
10members of the newly created Council are appointed.
11    The terms of all members appointed before the effective
12date of Public Act 88-10 shall expire on July 1, 1993. The
13members first appointed under Public Act 88-10 shall be
14appointed to serve for staggered terms beginning July 1, 1993,
15as follows: 7 members shall be appointed for terms of 3 years,
167 members shall be appointed for terms of 2 years, and 6
17members shall be appointed for terms of one year. Thereafter,
18all appointments shall be for terms of 3 years. Vacancies shall
19be filled for the unexpired term. Appointments to fill
20vacancies in unexpired terms and new terms shall be filled by
21the Governor or by the Council if the Governor delegates that
22power to the Council by executive order. Members shall serve
23until their successors are appointed and qualified. No member,
24except the representative of the client assistance program,
25shall serve for more than 2 full terms.
26    Members appointed to the Council for full terms on or after

 

 

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1the effective date of this amendatory Act of the 98th General
2Assembly shall be appointed for terms of 3 years. No Council
3member, other than the vocational rehabilitation administrator
4and the representative of the Client Assistance Program, shall
5serve for more than 2 consecutive terms as a representative of
6one of the 13 enumerated categories. If an individual, other
7than the vocational rehabilitation administrator and the
8representative of the Client Assistance Program, has completed
92 consecutive terms and is eligible to seek appointment as a
10representative of one of the other enumerated categories, then
11that individual may be appointed to serve as a representative
12of one of those other enumerated categories after a meaningful
13break in Council service, as defined by the Council through its
14by-laws.
15    Vacancies for unexpired terms shall be filled. Individuals
16appointed by the appointing authority to fill an unexpired term
17shall complete the remainder of the vacated term. When the
18initial term of a person appointed to fill a vacancy is
19completed, the individual appointed to fill that vacancy may be
20re-appointed by the appointing authority to the vacated
21position for one subsequent term.
22    If an excessive number of expired terms and vacated terms
23combine to place an undue burden on the Council, the appointing
24authority may appoint members for terms of 1, 2, or 3 years.
25The appointing authority shall determine the terms of Council
26members to ensure the number of terms expiring each year is as

 

 

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1close to equal as possible.
2    Notwithstanding the foregoing, a member who is serving on
3the Council on the effective date of this amendatory Act of the
498th General Assembly and whose term expires as a result of the
5changes made by this amendatory Act of the 98th General
6Assembly may complete the unexpired portion of his or her term.
7    Members shall be reimbursed in accordance with State laws,
8rules, and rates for their actual expenses incurred in the
9performance of their approved, Council-related duties,
10including expenses for travel, child care, or and personal
11assistance services. A , and a member who is not employed or
12who must forfeit wages from other employment may shall be paid
13reasonable compensation, as determined by the Department, for
14each day the member is engaged in performing approved the
15duties of the Council.
16    The Council shall meet at least 4 times per year at times
17and places designated by the Chairperson Chairman upon 10 days
18written notice to the members. Special meetings may be called
19by the Chairperson or 7 members of the Council upon 7 days
20written notice to the other members. Nine members shall
21constitute a quorum. No member of the Council shall cast a vote
22on any matter that would provide direct financial benefit to
23the member or otherwise give the appearance of a conflict of
24interest under Illinois law.
25    The Council shall prepare and submit to the vocational
26rehabilitation administrator the reports and findings that the

 

 

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1vocational rehabilitation administrator may request or that
2the Council deems fit. The Council shall select jointly with
3the vocational rehabilitation administrator a pool of
4qualified persons to serve as impartial hearing officers. The
5Council shall, with the vocational rehabilitation unit in the
6Department, jointly develop, agree to, and review annually
7State goals and priorities and jointly submit annual reports of
8progress to the federal Commissioner of the Rehabilitation
9Services Administration.
10    To the extent that there is a disagreement between the
11Council and the unit within the Department of Human Services
12responsible for the administration of the vocational
13rehabilitation program, regarding the resources necessary to
14carry out the functions of the Council as set forth in this
15Section, 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,
17eff. 6-28-01.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.