Full Text of HB2289 96th General Assembly
HB2289 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2289
Introduced 2/18/2009, by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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20 ILCS 3955/5 |
from Ch. 91 1/2, par. 705 |
20 ILCS 3955/7 |
from Ch. 91 1/2, par. 707 |
20 ILCS 3955/14 |
from Ch. 91 1/2, par. 714 |
20 ILCS 3955/15 |
from Ch. 91 1/2, par. 715 |
20 ILCS 3955/16 |
from Ch. 91 1/2, par. 716 |
20 ILCS 3955/21 |
from Ch. 91 1/2, par. 721 |
20 ILCS 3955/24 |
from Ch. 91 1/2, par. 724 |
20 ILCS 3955/27 |
from Ch. 91 1/2, par. 727 |
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Amends the Guardianship and Advocacy Act. Provides that Guardianship and Advocacy Commission, acting on a request from the Director of the Guardianship and Advocacy Commission, may disapprove
any action of a regional authority, in which case the regional authority shall
cease such action. Provides that the Commission shall operate subject to the provisions of the Illinois Procurement Code (instead of the Illinois Purchasing Act). Provides that the Director shall carry out the policies and programs of the
Commission and coordinate the activities of its divisions and may delegate to the Human Rights Authority Director any specified duties. Transfers the authority of certain appointment duties from the Commission to the Director. Provides that reassignments of investigations for conflicts of interest and refusals to investigate shall be reviewed and approved by the Director and the Director may seek direction from the Commission. Provides that a regional authority may conduct investigations upon its own
initiative if it has reason to believe that the rights of an eligible
person have been violated in the region in which the authority sits,
unless the Director (rather than Commission) finds that a conflict of interest exists and directs
another regional authority to conduct the investigation. Provides that closed meetings by a regional authority are subject to the provisions of the Open Meetings Act. Transfers the authority for referrals for further action from the Commission to the Director. Provides that a regional authority may, by acting through the Director, propose to the Commission legislation
for the purpose of safeguarding the rights of eligible persons.
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A BILL FOR
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HB2289 |
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LRB096 09337 MJR 19492 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Guardianship and Advocacy Act is amended by | 5 |
| changing Sections 5, 7, 14, 15, 16, 21, 24, and 27 as follows:
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| (20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
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| Sec. 5.
(a) The Commission shall establish throughout the | 8 |
| State such regions
as it considers appropriate to effectuate | 9 |
| the purposes of the Authority
under this Act, taking into | 10 |
| account the requirements of State and federal
statutes; | 11 |
| population; civic, health and social service boundaries; and | 12 |
| other
pertinent factors.
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| (b) The Commission shall act through its divisions as | 14 |
| provided in this Act.
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| (c) The Commission shall establish general policy | 16 |
| guidelines for the
operation of the Legal Advocacy Service, | 17 |
| Human Rights Authority and State Guardian in
furtherance of | 18 |
| this Act. Any action taken by a regional authority is subject
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| to the review and approval of the Commission. The Commission , | 20 |
| acting on a request from the Director, may disapprove
any | 21 |
| action of a regional authority, in which case the regional | 22 |
| authority shall
cease such action.
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| (d) The Commission shall hire a Director and staff to carry |
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HB2289 |
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LRB096 09337 MJR 19492 b |
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| out the powers
and duties of the Commission and its divisions | 2 |
| pursuant to this Act and
the rules and regulations promulgated | 3 |
| by the Commission. All staff other
than the Director shall be | 4 |
| subject to the Personnel Code.
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| (e) The Commission shall review and evaluate the operations | 6 |
| of the
divisions.
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| (f) The Commission shall operate subject to the provisions | 8 |
| of the Illinois Procurement Code The Illinois
Purchasing Act .
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| (g) The Commission shall prepare its budget.
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| (h) The Commission shall prepare an annual report on its | 11 |
| operations and
submit the report to the Governor and the | 12 |
| General Assembly.
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| The requirement for reporting to the General Assembly shall | 14 |
| be satisfied
by filing copies of the report with the Speaker, | 15 |
| the Minority Leader and
the Clerk of the House of | 16 |
| Representatives and the President, the Minority
Leader and the | 17 |
| Secretary of the Senate and the Legislative Research Unit, as
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| required by Section 3.1 of "An Act to revise the law in | 19 |
| relation to the General
Assembly", approved February 25, 1874, | 20 |
| and filing such additional copies with
the State Government | 21 |
| Report Distribution Center for the General Assembly as is
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| required under paragraph (t) of Section 7 of the State Library | 23 |
| Act.
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| (i) The Commission shall establish rules and regulations | 25 |
| for the conduct
of the work of its divisions, including rules | 26 |
| and regulations for the Legal
Advocacy Service and the State |
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| Guardian in evaluating an eligible person's
or ward's financial | 2 |
| resources for the purpose of determining whether the
eligible | 3 |
| person or ward has the ability to pay for legal or guardianship
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| services received. The determination of the eligible person's | 5 |
| financial
ability to pay for legal services shall be based upon | 6 |
| the number of dependents
in the eligible person's family unit | 7 |
| and the income, liquid assets and
necessary expenses, as | 8 |
| prescribed by rule of the Commission of: (1) the
eligible | 9 |
| person; (2) the eligible person's spouse; and (3) the parents | 10 |
| of minor
eligible persons. The determination of a ward's | 11 |
| ability to pay for
guardianship services shall be based upon | 12 |
| the ward's estate. An eligible
person or ward found to have | 13 |
| sufficient financial resources shall be required
to pay the | 14 |
| Commission in accordance with standards established by the
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| Commission. No fees may be charged for legal services given | 16 |
| unless the
eligible person is given notice at the start of such | 17 |
| services that
such fees might be charged. No fees may be | 18 |
| charged for guardianship
services given unless the ward is | 19 |
| given notice of the request for fees
filed with the probate | 20 |
| court and the court approves the amount of fees to
be assessed. | 21 |
| All fees collected shall be deposited with the State Treasurer
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| and placed in the Guardianship and Advocacy Fund. The | 23 |
| Commission shall
establish rules and regulations regarding the | 24 |
| procedures of appeal for clients
prior to termination or | 25 |
| suspension of legal services. Such rules and
regulations shall | 26 |
| include, but not be limited to, client notification
procedures |
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| prior to the actual termination, the scope of issues subject to
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| appeal, and procedures specifying when a final administrative | 3 |
| decision is made.
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| (j) The Commission shall take such actions as it deems | 5 |
| necessary and
appropriate to receive private, federal and other | 6 |
| public funds to help support
the divisions and to safeguard the | 7 |
| rights of eligible persons. Private funds
and property may be | 8 |
| accepted, held, maintained, administered and disposed of by
the | 9 |
| Commission, as trustee, for such purposes for the benefit of | 10 |
| the People of
the State of Illinois pursuant to the terms of | 11 |
| the instrument granting the
funds or property to the | 12 |
| Commission.
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| (k) The Commission may expend funds under the State's plan | 14 |
| to protect
and advocate the rights of persons with a | 15 |
| developmental disability established
under the federal | 16 |
| Developmental Disabilities Services and Facilities
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| Construction Act (Public Law 94-103, Title II). If the Governor | 18 |
| designates the
Commission to be the organization or agency to | 19 |
| provide the services called for
in the State plan, the | 20 |
| Commission shall make these protection and advocacy
services | 21 |
| available to persons with a developmental disability by | 22 |
| referral or by
contracting for these services to the extent | 23 |
| practicable. If the Commission is
unable to so make available | 24 |
| such protection and advocacy services, it shall
provide them | 25 |
| through persons in its own employ.
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| (l) The Commission shall, to the extent funds are |
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| available, monitor
issues concerning the rights of eligible | 2 |
| persons and the care and treatment
provided to those persons, | 3 |
| including but not limited to the incidence of
abuse or neglect | 4 |
| of eligible persons. For purposes of that monitoring the
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| Commission shall have access to reports of suspected abuse or | 6 |
| neglect and
information regarding the disposition of such | 7 |
| reports, subject to the
provisions of the Mental Health and | 8 |
| Developmental Disabilities Confidentiality
Act.
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| (Source: P.A. 88-380.)
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| (20 ILCS 3955/7) (from Ch. 91 1/2, par. 707)
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| Sec. 7.
The Director shall carry out the policies and | 12 |
| programs of the
Commission and coordinate the activities of its | 13 |
| divisions and may delegate to the Human Rights Authority | 14 |
| Director any duties described in Sections 14, 15, and 16 of | 15 |
| this Act .
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| (Source: P.A. 80-1416.)
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| (20 ILCS 3955/14) (from Ch. 91 1/2, par. 714)
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| Sec. 14.
Each regional authority shall consist of the 9 | 19 |
| members appointed
by the Director, in accordance with this | 20 |
| Section Commission . Each regional authority shall include | 21 |
| insofar as possible
one professionally knowledgeable and | 22 |
| broadly experienced employee or officer
of a provider of each | 23 |
| of the following services:
mental health, developmental | 24 |
| disabilities, and vocational rehabilitation.
No other employee |
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| or officer of a service provider shall be appointed to
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| regional authority. In making appointments, the Director | 3 |
| Commission shall strive
to ensure representation of minority | 4 |
| groups and of eligible persons, and
shall give due | 5 |
| consideration to recommendations of persons and groups | 6 |
| assisting
eligible persons. The Director Commission may remove | 7 |
| for incompetence, neglect of
duty, or malfeasance in office any | 8 |
| member of a regional authority. All actions taken by the | 9 |
| Director to appoint or remove members shall be reported to the | 10 |
| Commission at the next scheduled Commission meeting.
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| Each regional authority shall annually elect a chairman and | 12 |
| any other officers
it deems necessary. Members of the regional | 13 |
| authorities shall
serve for a term of 3 years, except that the | 14 |
| terms of the first appointees
shall be as follows: 3 members | 15 |
| serving
for a 1 year term; 3 members serving for a 2 year term; | 16 |
| and 3 members serving
for a 3 year term. Assignment of terms of | 17 |
| such first appointees shall be
by lot. No member shall serve | 18 |
| for more than 2 consecutive 3 year terms.
Five members shall | 19 |
| constitute a quorum.
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| Vacancies in the regional authorities shall be filled in | 21 |
| the same manner
as original appointments.
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| Members of the regional authorities shall serve without | 23 |
| compensation but
shall be reimbursed for actual expenses | 24 |
| incurred in the performance of their duties.
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| Each regional authority shall meet not less than once every | 26 |
| 2 months.
Meetings may also be held upon call of the Regional |
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| Chairman or upon written request of
any 5 members of the | 2 |
| regional authority.
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| (Source: P.A. 80-1487.)
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| (20 ILCS 3955/15) (from Ch. 91 1/2, par. 715)
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| Sec. 15.
A regional authority which receives a complaint | 6 |
| alleging that
the rights of an eligible person have been | 7 |
| violated in the region in which
the authority sits, shall | 8 |
| conduct an investigation unless it determines
that the | 9 |
| complaint is frivolous or beyond the scope of its authority or
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| competence, or unless the Director Commission finds that a | 11 |
| conflict of interest
exists and directs another regional | 12 |
| authority to conduct the
investigation. The authority shall | 13 |
| inform the complainant whether it
will conduct an | 14 |
| investigation, and if not, the reason therefor. The
authority | 15 |
| may advise a complainant as to other remedies which may be | 16 |
| available. Reassignments of investigations for conflicts of | 17 |
| interest and refusals to investigate shall be reviewed and | 18 |
| approved by the Director and the Director may seek direction | 19 |
| from the Commission.
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| (Source: P.A. 84-1358.)
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| (20 ILCS 3955/16) (from Ch. 91 1/2, par. 716)
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| Sec. 16.
A regional authority may conduct investigations | 23 |
| upon its own
initiative if it has reason to believe that the | 24 |
| rights of an eligible
person have been violated in the region |
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| in which the authority sits,
unless the Director Commission | 2 |
| finds that a conflict of interest exists and directs
another | 3 |
| regional authority to conduct the investigation.
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| (Source: P.A. 84-1358.)
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| (20 ILCS 3955/21) (from Ch. 91 1/2, par. 721)
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| Sec. 21.
A regional authority may , subject to the | 7 |
| provisions of the Open Meetings Act, conduct closed meetings | 8 |
| and hearings
when necessary to ensure confidentiality or to | 9 |
| protect the rights of any
eligible person or provider of | 10 |
| services or other person. However, it shall
make public a | 11 |
| summary of business conducted during any such meeting or
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| hearing. Such summary shall not contain personally | 13 |
| identifiable data.
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| (Source: P.A. 80-1487.)
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| (20 ILCS 3955/24) (from Ch. 91 1/2, par. 724)
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| Sec. 24.
If a regional authority determines that further | 17 |
| action is required,
it may refer a matter to the Commission or | 18 |
| another division thereof,
any federal, State or local agency or | 19 |
| other persons, as it may deem appropriate
and as approved by | 20 |
| the Director Commission .
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| (Source: P.A. 80-1416.)
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| (20 ILCS 3955/27) (from Ch. 91 1/2, par. 727)
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| Sec. 27.
A regional authority may , by acting through the |
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HB2289 |
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LRB096 09337 MJR 19492 b |
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| Director, propose to the Commission legislation
for the purpose | 2 |
| of safeguarding the rights of eligible persons.
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| (Source: P.A. 80-1487.)
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