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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1111
LRB9105023DHmg
1 AN ACT concerning agency committee membership.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Act on the Aging is amended by
5 changing Section 8.01 as follows:
6 (20 ILCS 105/8.01) (from Ch. 23, par. 6108.01)
7 Sec. 8.01. Coordinating Committee; members. The
8 Coordinating Committee of State Agencies Serving Older
9 Persons shall consist of the Director of the Department on
10 Aging or his or her designee as Chairman, the State
11 Superintendent of Education or his or her designee, the
12 Secretary of Human Services or his or her designee, the
13 Secretary of Transportation or his or her designee, and the
14 Directors, or the designee or designees of any or all of the
15 Directors, of the following Departments or agencies: Labor;
16 Veterans' Affairs; Public Health; Public Aid; Children and
17 Family Services; Commerce and Community Affairs; Insurance;
18 Revenue; Illinois Housing Development Authority; and
19 Comprehensive State Health Planning.
20 (Source: P.A. 89-249, eff. 8-4-95; 89-507, eff. 7-1-97;
21 90-609, eff. 6-30-98.)
22 Section 10. The Children and Family Services Act is
23 amended by changing Section 21 as follows:
24 (20 ILCS 505/21) (from Ch. 23, par. 5021)
25 Sec. 21. Investigative powers; training.
26 (a) To make such investigations as it may deem necessary
27 to the performance of its duties.
28 (b) In the course of any such investigation any
29 qualified person authorized by the Director may administer
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1 oaths and secure by its subpoena both the attendance and
2 testimony of witnesses and the production of books and papers
3 relevant to such investigation. Any person who is served with
4 a subpoena by the Department to appear and testify or to
5 produce books and papers, in the course of an investigation
6 authorized by law, and who refuses or neglects to appear, or
7 to testify, or to produce books and papers relevant to such
8 investigation, as commanded in such subpoena, shall be guilty
9 of a Class B misdemeanor. The fees of witnesses for
10 attendance and travel shall be the same as the fees of
11 witnesses before the circuit courts of this State. Any
12 circuit court of this State, upon application of the
13 Department, may compel the attendance of witnesses, the
14 production of books and papers, and giving of testimony
15 before the Department or before any authorized officer or
16 employee thereof, by an attachment for contempt or otherwise,
17 in the same manner as production of evidence may be compelled
18 before such court. Every person who, having taken an oath or
19 made affirmation before the Department or any authorized
20 officer or employee thereof, shall willfully swear or affirm
21 falsely, shall be guilty of perjury and upon conviction shall
22 be punished accordingly.
23 (c) Investigations initiated under this Section shall
24 provide individuals due process of law, including the right
25 to a hearing, to cross-examine witnesses, to obtain relevant
26 documents, and to present evidence. Administrative findings
27 shall be subject to the provisions of the Administrative
28 Review Law.
29 (d) Beginning July 1, 1988, any child protective
30 investigator or supervisor or child welfare specialist or
31 supervisor employed by the Department on the effective date
32 of this amendatory Act of 1987 shall have completed a
33 training program which shall be instituted by the Department.
34 The training program shall include, but not be limited to,
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1 the following: (1) training in the detection of symptoms of
2 child neglect and drug abuse; (2) specialized training for
3 dealing with families and children of drug abusers; and (3)
4 specific training in child development, family dynamics and
5 interview techniques. Such program shall conform to the
6 criteria and curriculum developed under Section 4 of the
7 Child Protective Investigator and Child Welfare Specialist
8 Certification Act of 1987. Failure to complete such training
9 due to lack of opportunity provided by the Department shall
10 in no way be grounds for any disciplinary or other action
11 against an investigator or a specialist.
12 The Department shall develop a continuous inservice staff
13 development program and evaluation system. Each child
14 protective investigator and supervisor and child welfare
15 specialist and supervisor shall participate in such program
16 and evaluation and shall complete a minimum of 20 hours of
17 inservice education and training every 2 years in order to
18 maintain certification.
19 Any child protective investigator or child protective
20 supervisor, or child welfare specialist or child welfare
21 specialist supervisor hired by the Department who begins his
22 actual employment after the effective date of this amendatory
23 Act of 1987, shall be certified pursuant to the Child
24 Protective Investigator and Child Welfare Specialist
25 Certification Act of 1987 before he begins such employment.
26 Nothing in this Act shall replace or diminish the rights of
27 employees under the Illinois Public Labor Relations Act, as
28 amended, or the National Labor Relations Act. In the event of
29 any conflict between either of those Acts, or any collective
30 bargaining agreement negotiated thereunder, and the
31 provisions of subsections (d) and (e), the former shall
32 prevail and control.
33 (e) The Department shall develop and implement the
34 following:
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1 (1) A standardized child endangerment risk
2 assessment protocol.
3 (2) Related training procedures.
4 (3) A standardized method for demonstration of
5 proficiency in application of the protocol.
6 (4) An evaluation of the reliability and validity
7 of the protocol.
8 All child protective investigators and supervisors and child
9 welfare specialists and supervisors employed by the
10 Department or its contractors shall be required, subsequent
11 to the availability of training under this Act, to
12 demonstrate proficiency in application of the protocol
13 previous to being permitted to make decisions about the
14 degree of risk posed to children for whom they are
15 responsible. The Department shall establish a
16 multi-disciplinary advisory committee composed of not more
17 than 15 members appointed by the Director, including but not
18 limited to representatives from the fields of child
19 development, domestic violence, family systems, juvenile
20 justice, law enforcement, health care, mental health,
21 substance abuse, and social service to advise the Department
22 and its related contractors in the development and
23 implementation of the child endangerment risk assessment
24 protocol, related training, method for demonstration of
25 proficiency in application of the protocol, and evaluation of
26 the reliability and validity of the protocol. The Department
27 shall develop the protocol, training curriculum, method for
28 demonstration of proficiency in application of the protocol
29 and method for evaluation of the reliability and validity of
30 the protocol by July 1, 1995. Training and demonstration of
31 proficiency in application of the child endangerment risk
32 assessment protocol for all child protective investigators
33 and supervisors and child welfare specialists and supervisors
34 shall be completed as soon as practicable, but no later than
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1 January 1, 1996. The Department shall submit to the General
2 Assembly on or before May 1, 1996, and every year thereafter,
3 an annual report on the evaluation of the reliability and
4 validity of the child endangerment risk assessment protocol.
5 The Department shall contract with a not for profit
6 organization with demonstrated expertise in the field of
7 child endangerment risk assessment to assist in the
8 development and implementation of the child endangerment risk
9 assessment protocol, related training, method for
10 demonstration of proficiency in application of the protocol,
11 and evaluation of the reliability and validity of the
12 protocol.
13 (Source: P.A. 90-655, eff. 7-30-98.)
14 Section 15. The Illinois Planning Council on
15 Developmental Disabilities Law is amended by changing Section
16 2004 as follows:
17 (20 ILCS 4010/2004) (from Ch. 91 1/2, par. 1954)
18 Sec. 2004. Council membership.
19 (a) The council shall be composed of 38 voting members,
20 27 of whom shall be appointed by the Governor from residents
21 of the State so as to ensure that the membership reasonably
22 represents consumers of services to persons with
23 developmental disabilities.
24 (b) Eleven voting members shall be the Directors, or the
25 designee or designees of any or all of the Directors, of the
26 following departments and agencies: Public Aid, Public
27 Health, Aging, Children and Family Services, the Guardianship
28 and Advocacy Commission, the State protection and advocacy
29 agency, the State Board of Education, the Division of
30 Specialized Care for Children of the University of Illinois,
31 and the State University Affiliated Program, or their
32 designees, plus the Secretary of Human Services (or his or
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1 her designee) and one additional representative of the
2 Department of Human Services designated by the Secretary.
3 (c) Nineteen voting members shall be persons with
4 developmental disabilities, parents or guardians of such
5 persons, or immediate relatives or guardians of persons with
6 mentally impairing developmental disabilities. None of these
7 members shall be employees of a State agency which receives
8 funds or provides services under the federal Developmental
9 Disabilities Assistance and Bill of Rights Act Amendments of
10 1987, managing employees of any other entity which services
11 funds or provides services under the federal Developmental
12 Disabilities Assistance and Bill of Rights Act Amendments of
13 1987, or persons with an ownership or control interest in
14 such an entity. Of these members:
15 (1) At least 6 shall be persons with developmental
16 disabilities and at least 6 shall be immediate relatives
17 or guardians of persons with mentally impairing
18 developmental disabilities; and
19 (2) One member shall be an immediate relative or
20 guardian of an institutionalized or previously
21 institutionalized person with a developmental disability.
22 (d) Eight voting members shall be representatives of
23 local agencies, nongovernmental agencies and groups concerned
24 with services to persons with developmental disabilities.
25 (e) The Governor shall consider nominations made by
26 advocacy and community-based organizations.
27 (f) Of the initial members appointed by the Governor, 8
28 shall be appointed for terms of one year, 9 shall be
29 appointed for terms of 2 years, and 9 shall be appointed for
30 terms of 3 years. Thereafter, all members shall be appointed
31 for terms of 3 years. No member shall serve more than 2
32 successive terms.
33 (g) Individual terms of office shall be chosen by lot at
34 the initial meeting of the council.
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1 (h) Vacancies in the membership shall be filled in the
2 same manner as initial appointments. Appointments to fill
3 vacancies occurring before the expiration of a term shall be
4 for the remainder of the unexpired term.
5 (i) Members shall not receive compensation for their
6 services, but shall be reimbursed for their actual expenses
7 plus up to $50 a day for any loss of wages incurred in the
8 performance of their duties.
9 (j) Total membership consists of the number of voting
10 members, as defined in this Section, excluding any vacant
11 positions. A quorum shall consist of a simple majority of
12 total membership and shall be sufficient to constitute the
13 transaction of business of the council unless stipulated
14 otherwise in the bylaws of the council.
15 (k) The council shall meet at least quarterly.
16 (l) The Director of the Bureau of the Budget, or his or
17 her designee, shall serve as a nonvoting member of the
18 council.
19 (Source: P.A. 89-507, eff. 7-1-97.)
20 Section 20. The Critical Health Problems and
21 Comprehensive Health Education Act is amended by changing
22 Section 5 as follows:
23 (105 ILCS 110/5) (from Ch. 122, par. 865)
24 Sec. 5. Advisory Committee. An advisory committee
25 consisting of 11 members is hereby established as follows:
26 the Director of Public Health or his or her designee, the
27 Secretary of Human Services or his or her designee, and an
28 additional person representing the Department of Human
29 Services designated by the Secretary, the Director of
30 Children and Family Services or his or her designee, the
31 Chairman of the Illinois Joint Committee on School Health or
32 his or her designee, and 6 members to be appointed by the
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1 State Board of Education to be chosen, insofar as is
2 possible, from the following groups: colleges and
3 universities, voluntary health agencies, medicine, dentistry,
4 professional health associations, teachers, administrators,
5 members of local boards of education, and lay citizens. The
6 original public members shall, upon their appointment, serve
7 until July 1, 1973, and, thereafter, new appointments of
8 public members shall be made in like manner and such members
9 shall serve for 4 year terms commencing on July 1, 1973, and
10 until their successors are appointed and qualified. Vacancies
11 in the terms of public members shall be filled in like manner
12 as original appointments for the balance of the unexpired
13 terms. The members of the advisory committee shall receive no
14 compensation but shall be reimbursed for actual and necessary
15 expenses incurred in the performance of their duties. Such
16 committee shall select a chairman and establish rules and
17 procedures for its proceedings not inconsistent with the
18 provisions of this Act. Such committee shall advise the State
19 Board of Education on all matters relating to the
20 implementation of the provisions of this Act. They shall
21 assist in presenting advice and interpretation concerning a
22 comprehensive health education program to the Illinois
23 public, especially as related to critical health problems.
24 They shall also assist in establishing a sound understanding
25 and sympathetic relationship between such comprehensive
26 health education program and the public health, welfare and
27 educational programs of other agencies in the community.
28 (Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.