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.