SB3211 100TH GENERAL ASSEMBLY

LRB100 18665 RJF 33892 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3211

Introduced 2/15/2018, by Sen. Wm. Sam McCann

SYNOPSIS AS INTRODUCED:

20 ILCS 3932/5
20 ILCS 3932/10
20 ILCS 3932/15
20 ILCS 3932/20
20 ILCS 3932/25
20 ILCS 3932/25.5 new
20 ILCS 3932/35 new
20 ILCS 3932/40 new

Amends the Deaf and Hard of Hearing Commission Act. Provides that the Deaf and Hard of Hearing Commission shall be composed of 11 Commissioners (currently, members) that are appointed by the Governor with the advice and consent of the Senate. Requires at least 7 (currently, 6) commissioners of the Commission to be people who are deaf, deafblind, or hard of hearing. Specifies the membership of the Commission. Modifies the qualifications and duties of the Director of the Commission. Provides that the added Director qualifications shall apply to anyone who becomes Director on or after the effective date of this amendatory Act. Establishes the Director as the chief executive officer of the Commission. Modifies a Section concerning the powers and duties of the Commission. Creates separate provisions specifying the powers of the Commission. Authorizes the Commission to make specified grants, bequests, agreements, and contracts. Defines "commissioner".

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Deaf and Hard of Hearing Commission Act is amended by changing Sections 5, 10, 15, 20, and 25, and by adding Sections 25.5, 35, and 40 as follows:

(20 ILCS 3932/5)

Sec. 5. Definitions. As used in this Act, unless the context requires otherwise:

"Chairperson" means the Chairperson of the Deaf and Hard of Hearing Commission.

"Commission" means the Deaf and Hard of Hearing Commission.

"Commissioner" means a resident of the State who is appointed by the governor with the advice and consent of the Senate to govern the Commission.

"Director" means the Director of the Deaf and Hard of Hearing Commission, its Chief Executive Officer.

"Vice-Chairperson" means the Vice-Chairperson of the Deaf and Hard of Hearing Commission.

(Source: P.A. 89-680, eff. 1-1-97.)

(20 ILCS 3932/10)

Sec. 10. Commission. The Deaf and Hard of Hearing Commission is created as an executive agency of State government. The Commission shall be composed of 11 commissioners members, governed by a chairperson, and headed by a Director, who shall serve as its chief executive officer director.

(Source: P.A. 89-680, eff. 1-1-97.)

(20 ILCS 3932/15)

Sec. 15. Commission membership.

(a) The Commission shall be composed of 11 commissioners voting members appointed by the Governor with the advice and consent of the Senate from residents of the State whose position, knowledge, or experience enables them to reasonably represent the concerns, needs, and recommendations of deaf, deafblind, or hard of hearing persons. At a minimum, 7 commissioners 6 voting members of the Commission shall be persons who are deaf, deafblind, or hard of hearing, and the Commission shall consist of the following: .

(1) one parent or guardian of a deaf, deafblind, or hard of hearing minor child;

(2) one licensed sign language interpreter for the deaf, or a staff or faculty member from a collegiate interpreter education program;

(3) one educator of the deaf, or a staff or faculty member from a collegiate deaf education program;

(4) one deafblind representative;

(5) one late-deafened representative;

(6) one representative from an organization or agency that provides community-based services or vocational rehabilitation services to the deaf, deafblind, and hard of hearing population; and

(7) five members at large who are deaf, deafblind, or hard of hearing.

The Chairperson of the Commission shall be elected from the Commission's membership by a simple majority vote of the total membership of the Commission. The Vice-Chairperson of the Commission shall be elected from the Commission's membership by a simple majority vote of the total membership of the Commission.

(b) The Governor shall consider nominations made by advocacy groups for the deaf and hard of hearing and community-based organizations.

(c) Of the initial commissioners members appointed by the Governor, 3 shall be appointed to terms of one year, 4 shall be appointed to terms of 2 years, and 4 shall be appointed to terms of 3 years. Thereafter, all commissioners members shall be appointed for terms of 3 years. No commissioner member shall serve more than 2 consecutive terms. A commissioner member shall serve until his or her successor is appointed and qualified.

(d) Initial commissioners' members' terms of office shall be chosen by lot at the initial meeting of the Commission.

(e) Vacancies in Commission membership shall be filled in the same manner as initial appointments. Appointments to fill vacancies occurring before the expiration of a term shall be for the remainder of the unexpired term.

(f) Commissioners Members shall not receive compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties plus up to $50 per day for any actual loss of wages incurred in the performance of their duties.

(g) Total membership consists of the number of commissioners voting members, as defined in this Section, excluding any vacant positions. A quorum shall consist of a simple majority of total membership and shall be sufficient to conduct the transaction of business of the Commission unless stipulated otherwise in the by-laws of the Commission.

(h) The Commission shall meet at least quarterly.

(Source: P.A. 93-647, eff. 6-1-04.)

(20 ILCS 3932/20)

Sec. 20. Director. The Director of the Commission shall have knowledge, experience, and background regarding the unique issues, programs, and services of deaf, deafblind, and hard of hearing individuals; be fluent in American Sign Language; have a minimum of a bachelor's degree; and a minimum of 5 years' experience in a deafness related leadership or management capacity. The foregoing qualifications shall apply to anyone who becomes Director on or after the effective date of this amendatory Act of the 100th General Assembly. The Director shall be employed at-will, serving at the pleasure of the Commission and shall be hired, supervised, evaluated, and terminated by the Commission. The Director, under the direction of the Commission, shall carry out the policies, programs, and activities of the Commission. The Director shall employ, in accordance with the provisions of the Illinois Personnel Code, manage, and organize the staff of the Commission as he or she deems appropriate.

(Source: P.A. 93-647, eff. 6-1-04.)

(20 ILCS 3932/25)

Sec. 25. Duties Powers and duties of the Commission. The Commission shall be a coordinating and advocating body that acts on behalf of the interests of persons in Illinois who are deaf, deafblind, or hard of hearing, including children, adults, senior citizens, and those with any additional disability. The Commission shall submit an annual report of its activities to the Governor and the General Assembly on January 1st of each year. The Commission shall:

(1) Make available and provide an educational and informational program through printed materials, workshop and training sessions, presentations, demonstrations, and public awareness events about hearing loss for citizens in Illinois and for public and private entities. The program shall include, but not be limited to, information concerning information and referral services, lending libraries, service and resource availability, the interpreter registry, accessibility and accommodation issues, assistive technology, empowerment issues, support service providers for the deafblind, obligations of service providers and employers, educational options, and current federal and State statutes, regulations, and policies regarding hearing loss.

(2) Cooperate and work with public and private agencies and local, State, and federal governments to coordinate programs for persons who are deaf, deafblind, or hard of hearing.

(3) Provide technical assistance, consultation, and training support to start and enhance existing programs and services for persons who are deaf, deafblind, or hard of hearing.

(4) Evaluate and monitor State programs delivering services to deaf, deafblind, and hard of hearing persons to determine their effectiveness; identify, advocate for, and promote new services or programs whenever necessary; and propose solutions make recommendations to public officials about changes necessary to improve the quality and delivery of services, programs, and activities and about future financial support to continue existing programs and establish new programs.

(5) Monitor State funded programs delivering services to persons who are deaf, deafblind, or hard of hearing to determine the extent that promised and mandated services are delivered.

(6) Review, evaluate, and participate in the development of, and advocate for, proposed and amended statutes, rules, regulations, and policies relating to services, programs, and activities for deaf and hard of hearing persons and make recommendations on existing statutes, rules, regulations, and policies to the Governor, General Assembly, and State agencies.

(7) Promote cooperation among State and local agencies providing educational programs for deaf and hard of hearing individuals.

(8) Establish rules and regulations related to evaluation, certification, licensure, and training standards of interpreters for deaf and hard of hearing persons.

(9) Provide systemic advocacy for various issues related to communication, accessibility, accommodations, and appropriate services to prevent violations of the legal rights of deaf, deafblind, and hard of hearing individuals. The Commission shall also explain, educate, and promote the rights of deaf, deafblind, and hard of hearing individuals to State and local governments, public and private entities, service providers, and the general public. Ongoing issues, alleged violations, or discrimination shall be referred, if necessary to assist with filing, to the Illinois Attorney General, the Illinois Department of Human Rights, the Illinois Human Rights Commission, or to an appropriate federal civil rights enforcement agency.

(Source: P.A. 93-647, eff. 6-1-04.)

(20 ILCS 3932/25.5 new)

Sec. 25.5. Powers of the Commission. The Commission shall ensure the duties under this Act are carried out and is also authorized to:

(1) Adopt, amend, or repeal bylaws and policies necessary and proper for the conduct of the business of the Commission.

(2) Adopt, amend, or repeal policies and procedures necessary for the efficient operation of the Commission.

(3) Adopt, amend, or repeal rules and regulations to implement the provisions of this Act.

(4) Appoint, supervise, evaluate, and terminate the Director.

(5) Assist the Director in determining staff positions necessary for the efficient operation of the Commission.

(6) Delegate administrative powers and duties to the Director as it deems appropriate to aid the Director in the efficient administration of the Commission and the appropriate implementation of the policies and decisions of the Commission.

(7) Oversee budget and expenditures, including the approval of annual budget proposals to implement the provisions of this Act.

(8) Establish task forces and committees to advise, recommend, and investigate issues of significance to individuals who are deaf, deafblind, and hard of hearing in this State.

(9) Assess the performance of the Commission, and the programs and activities of the Commission, through continuous self-assessments and evaluations.

(10) Perform other functions as are necessary to the supervision and control of those duties and responsibilities of the Commission.

(20 ILCS 3932/35 new)

Sec. 35. Grants and bequests. The Commission may accept donations, bequests, grants, or other forms of financial assistance to aid in the financing of any programs or activities from any public or private person or agency. The Commission shall comply with rules and regulations governing grants from the federal government, or from any other person or agency, which are not in contravention of the Illinois Constitution or the laws of this State. Those funds shall be received by the State Treasurer on behalf of the Commission and deposited in a special account for use by the Commission.

(20 ILCS 3932/40 new)

Sec. 40. Agreements and contracts. The Commission may make agreements with other departments and agencies of the State, and may contract with other individuals, organizations, corporations, associations, or other legal entities, including private agencies, departments or agencies of the federal government, or any political subdivision thereof, to carry out any of its duties, responsibilities, functions, and activities.