State of Illinois
90th General Assembly
Legislation

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90_SB0237

      20 ILCS 4010/2004         from Ch. 91 1/2, par. 1954
          Amends the Illinois  Planning  Council  on  Developmental
      Disabilities  Law.  Provides that 27 of the 38 voting members
      of   the   Illinois   Planning   Council   on   Developmental
      Disabilities shall be appointed  by  the  Governor  with  the
      advice  and  consent  of  the  Senate  (now  appointed by the
      Governor).  Effective immediately.
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                                               LRB9001529MWpc
 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-                LRB9001529MWpc
 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.
15        (e)  The  Governor  shall  consider  nominations  made by
16    advocacy and community-based organizations.
17        (f)  Of the initial members appointed by the Governor,  8
18    shall  be  appointed  for  terms  of  one  year,  9  shall be
19    appointed for terms of 2 years, and 9 shall be appointed  for
20    terms  of 3 years. Thereafter, all members shall be appointed
21    for terms of 3 years. No  member  shall  serve  more  than  2
22    successive terms.
23        (g)  Individual terms of office shall be chosen by lot at
24    the initial meeting of the council.
25        (h)  Vacancies  in  the membership shall be filled in the
26    same manner as initial  appointments.  Appointments  to  fill
27    vacancies  occurring before the expiration of a term shall be
28    for the remainder of the unexpired term.
29        (i)  Members shall not  receive  compensation  for  their
30    services,  but  shall be reimbursed for their actual expenses
31    plus up to $50 a day for any loss of wages  incurred  in  the
32    performance of their duties.
33        (j)  Total  membership  consists  of the number of voting
34    members, as defined in this  Section,  excluding  any  vacant
                            -3-                LRB9001529MWpc
 1    positions.   A  quorum  shall consist of a simple majority of
 2    total membership and shall be sufficient  to  constitute  the
 3    transaction  of  business  of  the  council unless stipulated
 4    otherwise in the bylaws of the council.
 5        (k)  The council shall meet at least quarterly.
 6        (l)  The Director of the Bureau of the Budget, or his  or
 7    her  designee,  shall  serve  as  a  nonvoting  member of the
 8    council.
 9    (Source: P.A. 86-1190; 87-447; 87-895; 87-1158.)
10        (Text of Section after amendment by P.A. 89-507)
11        Sec. 2004.  Council membership.
12        (a)  The council shall be composed of 38 voting  members,
13    27 of whom shall be appointed by the Governor with the advice
14    and  consent  of the Senate from residents of the State so as
15    to ensure that the membership reasonably represents consumers
16    of services to persons with developmental disabilities.
17        (b)  Eleven voting members  shall  be  the  Directors  of
18    Public   Aid,  Public  Health,  Aging,  Children  and  Family
19    Services, the Guardianship and Advocacy Commission, the State
20    protection and advocacy agency, the State Board of Education,
21    the  Division  of  Specialized  Care  for  Children  of   the
22    University  of  Illinois, and the State University Affiliated
23    Program, or their designees,  plus  the  Secretary  of  Human
24    Services   (or  his  or  her  designee)  and  one  additional
25    representative of the Department of Human Services designated
26    by the Secretary.
27        (c)  Nineteen  voting  members  shall  be  persons   with
28    developmental  disabilities,  parents  or  guardians  of such
29    persons, or immediate relatives or guardians of persons  with
30    mentally  impairing developmental disabilities. None of these
31    members shall be employees of a State agency  which  receives
32    funds  or  provides  services under the federal Developmental
33    Disabilities Assistance and Bill of Rights Act Amendments  of
34    1987,  managing  employees of any other entity which services
                            -4-                LRB9001529MWpc
 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.
15        (e)  The  Governor  shall  consider  nominations  made by
16    advocacy and community-based organizations.
17        (f)  Of the initial members appointed by the Governor,  8
18    shall  be  appointed  for  terms  of  one  year,  9  shall be
19    appointed for terms of 2 years, and 9 shall be appointed  for
20    terms  of 3 years. Thereafter, all members shall be appointed
21    for terms of 3 years. No  member  shall  serve  more  than  2
22    successive terms.
23        (g)  Individual terms of office shall be chosen by lot at
24    the initial meeting of the council.
25        (h)  Vacancies  in  the membership shall be filled in the
26    same manner as initial  appointments.  Appointments  to  fill
27    vacancies  occurring before the expiration of a term shall be
28    for the remainder of the unexpired term.
29        (i)  Members shall not  receive  compensation  for  their
30    services,  but  shall be reimbursed for their actual expenses
31    plus up to $50 a day for any loss of wages  incurred  in  the
32    performance of their duties.
33        (j)  Total  membership  consists  of the number of voting
34    members, as defined in this  Section,  excluding  any  vacant
                            -5-                LRB9001529MWpc
 1    positions.   A  quorum  shall consist of a simple majority of
 2    total membership and shall be sufficient  to  constitute  the
 3    transaction  of  business  of  the  council unless stipulated
 4    otherwise in the bylaws of the council.
 5        (k)  The council shall meet at least quarterly.
 6        (l)  The Director of the Bureau of the Budget, or his  or
 7    her  designee,  shall  serve  as  a  nonvoting  member of the
 8    council.
 9    (Source: P.A. 89-507, eff. 7-1-97.)
10        Section 95.  No acceleration or delay.   Where  this  Act
11    makes changes in a statute that is represented in this Act by
12    text  that  is not yet or no longer in effect (for example, a
13    Section represented by multiple versions), the  use  of  that
14    text  does  not  accelerate or delay the taking effect of (i)
15    the changes made by this Act or (ii) provisions derived  from
16    any other Public Act.
17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.

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