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91_HB4463
LRB9112738MWgcA
1 AN ACT in relation to developmental disabilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Planning Council on
5 Developmental Disabilities Law is amended by changing
6 Sections 2001, 2002, 2003, 2004, and 2006 and by adding
7 Section 2004.5 as follows:
8 (20 ILCS 4010/2001) (from Ch. 91 1/2, par. 1951)
9 Sec. 2001. Short title. This Article may be cited as
10 the Illinois Planning Council on Developmental Disabilities
11 Law.
12 (Source: P.A. 86-1190.)
13 (20 ILCS 4010/2002) (from Ch. 91 1/2, par. 1952)
14 Sec. 2002. Definitions. As used in this Article, unless
15 the context requires otherwise:
16 (a) "Council" means the Illinois Planning Council on
17 Developmental Disabilities.
18 (b) "Chairperson" means the chairperson of the Illinois
19 Planning Council on Developmental Disabilities.
20 (c) "Director" means the director of the Illinois
21 Planning Council on Developmental Disabilities.
22 (d) "Developmental disability" means, in general, a
23 severe chronic disability of an individual that a person 5
24 years of age or older which:
25 (1) is attributable to a mental or physical
26 impairment or combination of mental and physical
27 impairments;
28 (2) is manifested before the person attains age 22;
29 (3) is likely to continue indefinitely;
30 (4) results in substantial functional limitations
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1 in 3 or more of the following areas of major life
2 activity: self care, receptive and expressive language,
3 learning, mobility, self direction, capacity for
4 independent living, and economic sufficiency; and
5 (5) reflects the person's need for a combination
6 and sequence of special interdisciplinary or generic
7 services care, individualized supports, treatment or
8 other forms of assistance that services which are of life
9 long or extended duration and are individually planned
10 and coordinated.;
11 except that such term, When applied to infants and young
12 children, an individual may be considered to have a
13 "developmental disability" if the individual means
14 individuals from birth to age 9 5, inclusive, has who have
15 (i) a substantial developmental delay or specific congenital
16 or acquired conditions and (ii) does not meet 3 or more of
17 the criteria described in paragraphs (1) through (5) but who,
18 without services and support, has a high probability of
19 meeting those criteria later in life with a high probability
20 of resulting in developmental disabilities if services are
21 not provided.
22 (Source: P.A. 86-1190; 87-1158.)
23 (20 ILCS 4010/2003) (from Ch. 91 1/2, par. 1953)
24 Sec. 2003. Planning Council. The Illinois Planning
25 Council on Developmental Disabilities is hereby created as an
26 executive agency of State government. Until December 31,
27 2000, the council shall be composed of 39 members, governed
28 by a chairperson, and headed by a director. On and after
29 January 1, 2001, the Council shall be composed of 29 members,
30 governed by a chairperson, and headed by a director. The
31 functions of the council shall be as prescribed in Chapter 75
32 of Title 42 of the United States Code (42 U.S.C. 6000, et
33 seq.), as now or hereafter amended, and in Section 2006 of
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1 this Article.
2 The Council shall receive and disburse funds authorized
3 under Chapter 75 of Title 42 of the United States Code (42
4 U.S.C. 6000, et seq.), as now or hereafter amended.
5 (Source: P.A. 86-1190.)
6 (20 ILCS 4010/2004) (from Ch. 91 1/2, par. 1954)
7 Sec. 2004. Council membership.
8 (a) This Section applies through December 31, 2000. The
9 council shall be composed of 38 voting members, 27 of whom
10 shall be appointed by the Governor from residents of the
11 State so as to ensure that the membership reasonably
12 represents consumers of services to persons with
13 developmental disabilities. On and after January 1, 2001, the
14 Council shall be composed of 28 voting members, 19 of whom
15 shall be appointed in accordance with Section 2004.5 of this
16 Article.
17 The General Assembly intends that the reduction in the
18 membership of the Council shall occur through attrition
19 between the effective date of this amendatory Act of the 91st
20 General Assembly and January 1, 2001. In the event that the
21 terms of 10 voting members have not expired by January 1,
22 2001, members of the Council serving on that date shall
23 continue to serve until their terms expire.
24 (b) Eleven voting members shall be the Directors of
25 Public Aid, Public Health, Aging, Children and Family
26 Services, the Guardianship and Advocacy Commission, the State
27 protection and advocacy agency, the State Board of Education,
28 the Division of Specialized Care for Children of the
29 University of Illinois, and the State University Affiliated
30 Program, or their designees, plus the Secretary of Human
31 Services (or his or her designee) and one additional
32 representative of the Department of Human Services designated
33 by the Secretary.
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1 (c) Nineteen voting members shall be persons with
2 developmental disabilities, parents or guardians of such
3 persons, or immediate relatives or guardians of persons with
4 mentally impairing developmental disabilities. None of these
5 members shall be employees of a State agency which receives
6 funds or provides services under the federal Developmental
7 Disabilities Assistance and Bill of Rights Act Amendments of
8 1987, managing employees of any other entity which services
9 funds or provides services under the federal Developmental
10 Disabilities Assistance and Bill of Rights Act Amendments of
11 1987, or persons with an ownership or control interest in
12 such an entity. Of these members:
13 (1) At least 6 shall be persons with developmental
14 disabilities and at least 6 shall be immediate relatives
15 or guardians of persons with mentally impairing
16 developmental disabilities; and
17 (2) One member shall be an immediate relative or
18 guardian of an institutionalized or previously
19 institutionalized person with a developmental disability.
20 (d) Eight voting members shall be representatives of
21 local agencies, nongovernmental agencies and groups concerned
22 with services to persons with developmental disabilities.
23 (e) The Governor shall consider nominations made by
24 advocacy and community-based organizations.
25 (f) Of the initial members appointed by the Governor, 8
26 shall be appointed for terms of one year, 9 shall be
27 appointed for terms of 2 years, and 9 shall be appointed for
28 terms of 3 years. Thereafter, all members shall be appointed
29 for terms of 3 years. No member shall serve more than 2
30 successive terms.
31 (g) Individual terms of office shall be chosen by lot at
32 the initial meeting of the council.
33 (h) Vacancies in the membership shall be filled in the
34 same manner as initial appointments. Appointments to fill
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1 vacancies occurring before the expiration of a term shall be
2 for the remainder of the unexpired term.
3 (i) Members shall not receive compensation for their
4 services, but shall be reimbursed for their actual expenses
5 plus up to $50 a day for any loss of wages incurred in the
6 performance of their duties.
7 (j) Total membership consists of the number of voting
8 members, as defined in this Section, excluding any vacant
9 positions. A quorum shall consist of a simple majority of
10 total membership and shall be sufficient to constitute the
11 transaction of business of the council unless stipulated
12 otherwise in the bylaws of the council.
13 (k) The council shall meet at least quarterly.
14 (l) The Director of the Bureau of the Budget, or his or
15 her designee, shall serve as a nonvoting member of the
16 council.
17 (Source: P.A. 89-507, eff. 7-1-97.)
18 (20 ILCS 4010/2004.5 new)
19 Sec. 2004.5. Council membership.
20 (a) This Section applies on and after January 1, 2001.
21 The membership of the Council must reasonably represent the
22 diversity of this State. Not less than 60% of the Council's
23 membership must be individuals with developmental
24 disabilities, parents or guardians of children with
25 developmental disabilities, or immediate relatives or
26 guardians of adults with developmental disabilities who
27 cannot advocate for themselves.
28 The Council must also include representatives of State
29 agencies that administer moneys under federal laws that
30 relate to individuals with developmental disabilities; the
31 State University Center for Excellence in Developmental
32 Disabilities Education, Research, and Service; the State
33 protection and advocacy system; and representatives of local
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1 and non-governmental agencies and private non-profit groups
2 concerned with services for individuals with developmental
3 disabilities. The members described in this paragraph must
4 have sufficient authority to engage in policy-making,
5 planning, and implementation on behalf of the department,
6 agency, or program that they represent. Those members may
7 not take part in any discussion of grants or contracts for
8 which their departments, agencies, or programs are grantees,
9 contractors, or applicants and must comply with any other
10 relevant conflict of interest provisions in the Council's
11 policies or by-laws.
12 (b) Seventeen voting members, appointed by the Governor,
13 must be persons with developmental disabilities, parents or
14 guardians of persons with developmental disabilities, or
15 immediate relatives or guardians of persons with
16 mentally-impairing developmental disabilities. None of these
17 members may be employees of a State agency that receives
18 funds or provides services under the federal Developmental
19 Disabilities Assistance and Bill of Rights Act of 1996 (42
20 U.S.C. 6000 et seq.), as now or hereafter amended, managing
21 employees of any other entity that receives moneys or
22 provides services under the federal Developmental
23 Disabilities Assistance and Bill of Rights Act of 1996 (42
24 U.S.C. 6000 et seq.), as now or hereafter amended, or persons
25 with an ownership interest in or a controlling interest in
26 such an entity. Of the members appointed under this
27 subsection (b):
28 (1) at least 6 must be persons with developmental
29 disabilities;
30 (2) at least 6 must be parents, immediate relatives,
31 or guardians of children and adults with developmental
32 disabilities, including individuals with
33 mentally-impairing developmental disabilities who cannot
34 advocate for themselves; and
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1 (3) 5 members must be a combination of persons
2 described in paragraphs (1) and (2); at least one of whom
3 must be (i) an immediate relative or guardian of an
4 individual with a developmental disability who resides or
5 who previously resided in an institution or (ii) an
6 individual with a developmental disability who resides or
7 who previously resided in an institution.
8 (c) Two voting members, appointed by the Governor, must
9 be representatives of local and non-governmental agencies and
10 private non-profit groups concerned with services for
11 individuals with developmental disabilities.
12 (d) Nine voting members shall be the Director of Public
13 Aid, or his or her designee; the Director of Aging, or his or
14 her designee; the Director of Children and Family Services,
15 or his or her designee; a representative of the State Board
16 of Education; a representative of the State protection and
17 advocacy system; a representative of the State University
18 Center for Excellence in Developmental Disabilities
19 Education, Research, and Service; representatives of the
20 Office of Developmental Disabilities and the Office of
21 Community Health and Prevention of the Department of Human
22 Services (as the State's lead agency for Title V of the
23 Social Security Act, 42 U.S.C. 701 et seq.) designated by the
24 Secretary of Human Services; and a representative of the
25 State entity that administers federal moneys under the
26 federal Rehabilitation Act.
27 (e) The Director of the Bureau of the Budget, or his or
28 her designee, shall be a non-voting member of the Council.
29 (f) The Governor must provide for the timely rotation of
30 members.
31 Vacancies in the membership of the Council must be filled
32 in the same manner as the original appointments. Appointments
33 to fill vacancies occurring before the expiration of a term
34 shall be for the remainder of the term. Members shall serve
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1 until their successors are appointed.
2 The Council, at the discretion of the Governor, may
3 coordinate and provide recommendations for new members to the
4 Governor based upon their review of the Council's composition
5 and on input received from other organizations and
6 individuals representing persons with developmental
7 disabilities, including the non-State agency members of the
8 Council. The Council must, at least once each year, advise
9 the Governor on the Council's membership requirements and
10 vacancies, including rotation requirements.
11 No member may serve for more than 2 successive terms.
12 (g) Members may not receive compensation for their
13 services, but shall be reimbursed for their reasonable
14 expenses plus up to $50 per day for any loss of wages
15 incurred in the performance of their duties.
16 (h) The total membership of the Council consists of the
17 number of voting members, as defined in this Section,
18 excluding any vacant positions. A quorum is a simple majority
19 of the total membership and is sufficient to constitute the
20 transaction of the business of the Council unless otherwise
21 stipulated in the by-laws of the Council.
22 (i) The Council must meet at least quarterly.
23 (20 ILCS 4010/2006) (from Ch. 91 1/2, par. 1956)
24 Sec. 2006. Powers and duties of the Council. The Council
25 shall serve as an advocate for all persons with developmental
26 disabilities to assure that they participate in the design of
27 and have access to needed community services, individualized
28 supports, and other forms of assistance that promote
29 self-determination, receive the services and other assistance
30 and opportunities necessary to enable them to achieve their
31 maximum potential through increased independence,
32 productivity, and integration into the community. As such,
33 the Council shall:
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1 (a) Develop and implement the State plan required
2 by Chapter 75 of Title 42 of the United States Code (42
3 U.S.C. 6000, et seq.), as now or hereafter amended.
4 (a-5) Implement the State plan by conducting and
5 supporting advocacy, capacity building, and systemic change
6 activities, including but not limited to the following:
7 (1) outreach activities to identify, assist, and
8 enable individuals with developmental disabilities and
9 their families to obtain services, individualized
10 supports, and other assistance;
11 (2) training for individuals with developmental
12 disabilities, their families, communities, and others
13 regarding the support, services, and other assistance
14 necessary to achieve the goals of integration, inclusion,
15 productivity, and independence for persons with
16 developmental disabilities;
17 (3) technical assistance to assist public and
18 private entities to achieve the goals of this Section;
19 (4) supporting and educating communities to assist
20 neighborhoods and communities in responding positively to
21 individuals with developmental disabilities and their
22 families and in offering access to and use of services,
23 resources, and opportunities;
24 (5) inter-agency collaboration and coordination to
25 better serve, support, assist, or advocate for
26 individuals with developmental disabilities and their
27 families;
28 (6) coordination with other related councils,
29 committees, and programs;
30 (7) barrier elimination, systems design, and
31 redesign activities that enhance participation by
32 individuals with developmental disabilities in their
33 communities;
34 (8) providing policymakers with information from
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1 Council-supported projects and activities in order to
2 increase the ability of policymakers to offer
3 opportunities to enhance or adapt generic or specialized
4 services to individuals with developmental disabilities
5 and their families;
6 (9) demonstration of new approaches to services and
7 support for people with developmental disabilities and
8 their families that are part of an overall strategy for
9 systemic change; and
10 (10) other advocacy, capacity building, and systemic
11 changes that promote a coordinated, consumer and
12 family-centered and directed comprehensive system of
13 community services.
14 (b) (Blank). Develop and submit to the Governor and
15 the General Assembly an annual comprehensive State
16 interagency plan with input from the principal State
17 agencies that provide or administer programs for persons
18 with developmental disabilities. The developmental
19 disabilities services implementation plan developed under
20 the Developmental Disabilities Services Law shall be
21 incorporated into and become a part of the annual plan
22 required by this Law. The council shall provide
23 assistance and coordination to State agencies in the
24 development and oversight of the State Developmental
25 Disabilities System Plan as required by the Developmental
26 Disabilities Services Law, and all subsequent and related
27 planning requirements. The council shall submit the
28 plan, including a report on the status of implementation
29 of its various components, to the Governor and the
30 General Assembly on the first Wednesday of April of each
31 year.
32 (c) Advise the principal State agencies that
33 provide services or administer programs for persons with
34 developmental disabilities, the General Assembly, and the
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1 Governor concerning the use of State and federal
2 resources for persons with developmental disabilities,
3 groups who are not adequately served by the system, the
4 prevention of developmental disabilities, and other
5 related matters.
6 (d) (Blank). Develop principles and values that
7 support integration, productivity and independence for
8 persons with developmental disabilities that will guide
9 the design of the service system.
10 (e) Recommend and advocate for the adoption of
11 public policies that which will affect the State service
12 system to support the independence, productivity, and
13 integration, and inclusion of persons with developmental
14 disabilities.
15 (f) (Blank). Increase the capacities and resources
16 of public and private entities through a variety of
17 activities that will develop a system for providing
18 specialized services or special adaptations of generic
19 services that respond to the needs of persons with
20 developmental disabilities and their families. This
21 system shall be coordinated among the principal agencies
22 providing services or administering programs in the area
23 of developmental disabilities.
24 (g) Take any other actions as may be reasonable to
25 carry out the purposes of this Article and Chapter 75 of
26 Title 42 of the United States Code (42 U.S.C. 6000, et
27 seq.), as now or hereafter amended.
28 The Council shall promulgate rules and regulations to
29 implement this Article in accordance with the Illinois
30 Administrative Procedure Act.
31 The Council shall have the cooperation of relevant State
32 agencies in fulfilling its responsibilities.
33 (Source: P.A. 86-1190; 87-1158.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.