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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.