State of Illinois
90th General Assembly
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90_SB1071

      20 ILCS 4010/2004         from Ch. 91 1/2, par. 1954
          Amends the Illinois  Planning  Council  on  Developmental
      Disabilities  Law.  Requires Senate advice and consent of the
      Governor's  appointments  to  the  Council.   Requires  that,
      beginning with terms beginning January  1998,  the  8  voting
      Council  members representing local agencies, nongovernmental
      agencies,  and  service  groups  shall   include   a   school
      superintendent,  a  special education director, and a private
      special education facility director.  Effective immediately.
                                                     LRB9001819PTcw
                                               LRB9001819PTcw
 1        AN  ACT  to  amend  the  Illinois  Planning  Council   on
 2    Developmental Disabilities Law by changing Section 2004.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section   5.    The   Illinois   Planning   Council    on
 6    Developmental Disabilities Law is amended by changing Section
 7    2004 as follows:
 8        (20 ILCS 4010/2004) (from Ch. 91 1/2, par. 1954)
 9        (Text of Section before amendment by P.A. 89-507)
10        Sec. 2004.  Council membership.
11        (a)  The  council shall be composed of 38 voting members,
12    27 of whom shall be appointed by the Governor with the advice
13    and consent of the Senate from residents of the State  so  as
14    to ensure that the membership reasonably represents consumers
15    of services to persons with developmental disabilities.
16        (b)  Eleven  voting  members  shall  be  the Directors of
17    Mental Health and  Developmental  Disabilities,  Public  Aid,
18    Rehabilitation  Services,  Public Health, Aging, Children and
19    Family Services, the Guardianship  and  Advocacy  Commission,
20    the  State protection and advocacy agency, the State Board of
21    Education, the Division of Specialized Care for  Children  of
22    the   University   of  Illinois,  and  the  State  University
23    Affiliated Program, or their designees.
24        (c)  Nineteen  voting  members  shall  be  persons   with
25    developmental  disabilities,  parents  or  guardians  of such
26    persons, or immediate relatives or guardians of persons  with
27    mentally  impairing developmental disabilities. None of these
28    members shall be employees of a State agency  which  receives
29    funds  or  provides  services under the federal Developmental
30    Disabilities Assistance and Bill of Rights Act Amendments  of
31    1987,  managing  employees of any other entity which services
                      -2-                      LRB9001819PTcw
 1    funds or provides services under  the  federal  Developmental
 2    Disabilities  Assistance and Bill of Rights Act Amendments of
 3    1987, or persons with an ownership  or  control  interest  in
 4    such an entity. Of these members:
 5             (1)  At  least 6 shall be persons with developmental
 6        disabilities and at least 6 shall be immediate  relatives
 7        or   guardians   of   persons   with  mentally  impairing
 8        developmental disabilities; and
 9             (2)  One member shall be an  immediate  relative  or
10        guardian    of   an   institutionalized   or   previously
11        institutionalized person with a developmental disability.
12        (d)  Eight voting members  shall  be  representatives  of
13    local agencies, nongovernmental agencies and groups concerned
14    with  services to persons with developmental disabilities. Of
15    the 8 voting members, one shall be a public  school  district
16    superintendent, one shall be a director of special education,
17    and  one   shall be a director of a private special education
18    facility.  The requirements imposed by this amendatory Act of
19    1997 apply to terms of office beginning in or  after  January
20    1998.
21        (e)  The  Governor  shall  consider  nominations  made by
22    advocacy and community-based organizations.
23        (f)  Of the initial members appointed by the Governor,  8
24    shall  be  appointed  for  terms  of  one  year,  9  shall be
25    appointed for terms of 2 years, and 9 shall be appointed  for
26    terms  of 3 years. Thereafter, all members shall be appointed
27    for terms of 3 years. No  member  shall  serve  more  than  2
28    successive terms.
29        (g)  Individual terms of office shall be chosen by lot at
30    the initial meeting of the council.
31        (h)  Vacancies  in  the membership shall be filled in the
32    same manner as initial  appointments.  Appointments  to  fill
33    vacancies  occurring before the expiration of a term shall be
34    for the remainder of the unexpired term.
                      -3-                      LRB9001819PTcw
 1        (i)  Members shall not  receive  compensation  for  their
 2    services,  but  shall be reimbursed for their actual expenses
 3    plus up to $50 a day for any loss of wages  incurred  in  the
 4    performance of their duties.
 5        (j)  Total  membership  consists  of the number of voting
 6    members, as defined in this  Section,  excluding  any  vacant
 7    positions.   A  quorum  shall consist of a simple majority of
 8    total membership and shall be sufficient  to  constitute  the
 9    transaction  of  business  of  the  council unless stipulated
10    otherwise in the bylaws of the council.
11        (k)  The council shall meet at least quarterly.
12        (l)  The Director of the Bureau of the Budget, or his  or
13    her  designee,  shall  serve  as  a  nonvoting  member of the
14    council.
15    (Source: P.A. 86-1190; 87-447; 87-895; 87-1158.)
16        (Text of Section after amendment by P.A. 89-507)
17        Sec. 2004.  Council membership.
18        (a)  The council shall be composed of 38 voting  members,
19    27 of whom shall be appointed by the Governor with the advice
20    and  consent  of the Senate from residents of the State so as
21    to ensure that the membership reasonably represents consumers
22    of services to persons with developmental disabilities.
23        (b)  Eleven voting members  shall  be  the  Directors  of
24    Public   Aid,  Public  Health,  Aging,  Children  and  Family
25    Services, the Guardianship and Advocacy Commission, the State
26    protection and advocacy agency, the State Board of Education,
27    the  Division  of  Specialized  Care  for  Children  of   the
28    University  of  Illinois, and the State University Affiliated
29    Program, or their designees,  plus  the  Secretary  of  Human
30    Services   (or  his  or  her  designee)  and  one  additional
31    representative of the Department of Human Services designated
32    by the Secretary.
33        (c)  Nineteen  voting  members  shall  be  persons   with
34    developmental  disabilities,  parents  or  guardians  of such
                      -4-                      LRB9001819PTcw
 1    persons, or immediate relatives or guardians of persons  with
 2    mentally  impairing developmental disabilities. None of these
 3    members shall be employees of a State agency  which  receives
 4    funds  or  provides  services under the federal Developmental
 5    Disabilities Assistance and Bill of Rights Act Amendments  of
 6    1987,  managing  employees of any other entity which services
 7    funds or provides services under  the  federal  Developmental
 8    Disabilities  Assistance and Bill of Rights Act Amendments of
 9    1987, or persons with an ownership  or  control  interest  in
10    such an entity. Of these members:
11             (1)  At  least 6 shall be persons with developmental
12        disabilities and at least 6 shall be immediate  relatives
13        or   guardians   of   persons   with  mentally  impairing
14        developmental disabilities; and
15             (2)  One member shall be an  immediate  relative  or
16        guardian    of   an   institutionalized   or   previously
17        institutionalized person with a developmental disability.
18        (d)  Eight voting members  shall  be  representatives  of
19    local agencies, nongovernmental agencies and groups concerned
20    with  services to persons with developmental disabilities. Of
21    the 8 voting members, one shall be a public  school  district
22    superintendent, one shall be a director of special education,
23    and  one   shall be a director of a private special education
24    facility.  The requirements imposed by this amendatory Act of
25    1997 apply to terms of office beginning in or  after  January
26    1998.
27        (e)  The  Governor  shall  consider  nominations  made by
28    advocacy and community-based organizations.
29        (f)  Of the initial members appointed by the Governor,  8
30    shall  be  appointed  for  terms  of  one  year,  9  shall be
31    appointed for terms of 2 years, and 9 shall be appointed  for
32    terms  of 3 years. Thereafter, all members shall be appointed
33    for terms of 3 years. No  member  shall  serve  more  than  2
34    successive terms.
                      -5-                      LRB9001819PTcw
 1        (g)  Individual terms of office shall be chosen by lot at
 2    the initial meeting of the council.
 3        (h)  Vacancies  in  the membership shall be filled in the
 4    same manner as initial  appointments.  Appointments  to  fill
 5    vacancies  occurring before the expiration of a term shall be
 6    for the remainder of the unexpired term.
 7        (i)  Members shall not  receive  compensation  for  their
 8    services,  but  shall be reimbursed for their actual expenses
 9    plus up to $50 a day for any loss of wages  incurred  in  the
10    performance of their duties.
11        (j)  Total  membership  consists  of the number of voting
12    members, as defined in this  Section,  excluding  any  vacant
13    positions.   A  quorum  shall consist of a simple majority of
14    total membership and shall be sufficient  to  constitute  the
15    transaction  of  business  of  the  council unless stipulated
16    otherwise in the bylaws of the council.
17        (k)  The council shall meet at least quarterly.
18        (l)  The Director of the Bureau of the Budget, or his  or
19    her  designee,  shall  serve  as  a  nonvoting  member of the
20    council.
21    (Source: P.A. 89-507, eff. 7-1-97.)
22        Section 95.  No acceleration or delay.   Where  this  Act
23    makes changes in a statute that is represented in this Act by
24    text  that  is not yet or no longer in effect (for example, a
25    Section represented by multiple versions), the  use  of  that
26    text does not accelerate or delay it the taking effect of (i)
27    the  changes made by this Act or (ii) provisions derived from
28    any other Public Act.
29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.

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