Illinois General Assembly - Full Text of Public Act 098-0076
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Public Act 098-0076


 

Public Act 0076 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0076
 
SB0063 EnrolledLRB098 04120 JDS 34143 b

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

Effective Date: 7/15/2013