(20 ILCS 4010/2004.5)
The General Assembly intends that the reduction
in the membership of the Council shall occur through attrition
between the effective date of this amendatory Act of the 91st General Assembly
and January 1, 2001. In the event
that the terms of 10 voting members have not expired by January 1, 2001,
of the Council serving on that date shall continue to serve until their terms
(a) The membership of
the Council must
reasonably represent the diversity of this State. Not less than 60% of the
Council's membership must be individuals with developmental disabilities,
parents or guardians of children with developmental disabilities, or immediate
relatives or guardians of adults with developmental disabilities who cannot
advocate for themselves.
The Council must also include representatives of State agencies that
administer moneys under federal laws that relate to individuals with
developmental disabilities; the State University Center for Excellence in
Developmental Disabilities Education, Research, and Service; the State
protection and advocacy system; and representatives of local and
non-governmental agencies and private non-profit groups concerned with services
with developmental disabilities. The members described in this paragraph must
have sufficient authority to engage in policy-making, planning, and
implementation on behalf
of the department, agency, or program that they represent. Those members may
not take part in any discussion of grants or contracts for which their
departments, agencies, or programs are grantees, contractors, or applicants and
must comply with any other relevant conflict of interest provisions in the
Council's policies or bylaws.
(b) Seventeen voting members, appointed by the Governor, must be persons with
developmental disabilities, parents or guardians of persons with developmental
disabilities, or immediate relatives or guardians of persons with
mentally-impairing developmental disabilities. None of these members may be
of a State agency that receives funds or provides services under the federal
Developmental Disabilities Assistance and Bill of Rights Act of 1996 (42 U.S.C.
6000 et seq.), as now or hereafter
amended, managing employees of any other entity that receives moneys or
provides services under the federal Developmental Disabilities Assistance and
Bill of Rights Act of 1996 (42 U.S.C. 6000 et seq.), as now or hereafter
amended, or persons with an ownership interest in or a controlling interest in
such an entity. Of the members appointed under this subsection (b):
(1) at least 6 must be persons with developmental
(c) Two voting members, appointed by the Governor, must be representatives of
local and non-governmental agencies and private non-profit groups concerned
with services for
individuals with developmental disabilities.
(d) Nine voting members shall be the Director of Healthcare and Family Services, or his or her
designee; the Director of Aging, or his or her designee; the Director of
Children and Family Services, or his or her designee; a representative of the
State Board of Education; a representative of the
State protection and
advocacy system; a representative of the State University Center for Excellence
in Developmental Disabilities Education, Research, and Service;
of the Office of Developmental Disabilities and the Office of Community Health
and Prevention of the Department of Human Services (as the State's lead agency
for Title V of the Social Security Act, 42 U.S.C. 701 et seq.) designated by
the Secretary of Human Services; and a
representative of the State entity that administers federal moneys under the
federal Rehabilitation Act.
(e) The Director of the
Governor's Office of Management and Budget, or his or her designee, shall
be a non-voting member of the Council.
(f) The Governor must provide for the timely rotation of members.
Appointments to the Council shall be for terms of 3 years.
Appointments to fill vacancies occurring before
the expiration of a term shall be for the remainder of the term. Members shall
serve until their successors are appointed.
The Council, at the discretion of the Governor, may coordinate and provide
recommendations for new members to the Governor based upon their review of the
Council's composition and on input received from other organizations and
individuals representing persons with developmental disabilities, including the
non-State agency members of the Council. The Council must, at least once each
year, advise the Governor on the Council's membership requirements and
vacancies, including rotation requirements.
No member may serve for more than 2 successive terms.
(g) Members may not receive compensation for their services, but shall be
reimbursed for their reasonable expenses plus up to $50 per day for any loss of
wages incurred in the performance of their duties.
(h) The total membership of the Council consists of the number of voting
members, as defined in this Section, excluding any vacant positions. A quorum
is a simple majority of the total membership and is sufficient to constitute
the transaction of the business of the Council unless otherwise stipulated in
the bylaws of the Council.
(i) The Council must meet at least quarterly.
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)