96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1928


 
Introduced 2/20/2009, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:









                



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







 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.
















LRB096 11257 MJR 21673 b

















 


 


A BILL FOR









 











SB1928

LRB096 11257 MJR 21673 b






1
 AN ACT concerning State government.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Guardianship and Advocacy Act is amended by 
5
changing Sections 5, 7, 14, 15, 16, 21, 24, and 27 as follows:




6
 (20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)



7
 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.

13
 (b) The Commission shall act through its divisions as 
14
provided in this Act.

15
 (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

19
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.

23
 (d) The Commission shall hire a Director and staff to carry 
 


 






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1
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.

5
 (e) The Commission shall review and evaluate the operations 
6
of the
divisions.

7
 (f) The Commission shall operate subject to the provisions 
8
of the Illinois Procurement Code The Illinois
Purchasing Act.

9
 (g) The Commission shall prepare its budget.

10
 (h) The Commission shall prepare an annual report on its 
11
operations and
submit the report to the Governor and the 
12
General Assembly.

13
 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

18
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

22
required under paragraph (t) of Section 7 of the State Library 
23
Act.

24
 (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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1
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

4
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

15
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

22
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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1
prior to the actual termination, the scope of issues subject to

2
appeal, and procedures specifying when a final administrative 
3
decision is made.

4
 (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.

13
 (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

17
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.

26
 (l) The Commission shall, to the extent funds are 
 


 






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1
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

5
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.

9
(Source: P.A. 88-380.)





10
 (20 ILCS 3955/7) (from Ch. 91 1/2, par. 707)



11
 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.

16
(Source: P.A. 80-1416.)





17
 (20 ILCS 3955/14) (from Ch. 91 1/2, par. 714)


18
 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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1
or officer of a service provider shall be appointed to
a 
2
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. 

11
 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.

20
 Vacancies in the regional authorities shall be filled in 
21
the same manner
as original appointments.

22
 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.

25
 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.

3
(Source: P.A. 80-1487.)






4
 (20 ILCS 3955/15) (from Ch. 91 1/2, par. 715)



5
 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

10
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. 

20
(Source: P.A. 84-1358.)





21
 (20 ILCS 3955/16) (from Ch. 91 1/2, par. 716)



22
 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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1
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.

4
(Source: P.A. 84-1358.)





5
 (20 ILCS 3955/21) (from Ch. 91 1/2, par. 721)



6
 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

12
hearing. Such summary shall not contain personally 
13
identifiable data.

14
(Source: P.A. 80-1487.)





15
 (20 ILCS 3955/24) (from Ch. 91 1/2, par. 724)



16
 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.

21
(Source: P.A. 80-1416.)





22
 (20 ILCS 3955/27) (from Ch. 91 1/2, par. 727)



23
 Sec. 27. 
A regional authority may, by acting through the 
 


 






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1
Director, propose to the Commission legislation
for the purpose 
2
of safeguarding the rights of eligible persons.

3
(Source: P.A. 80-1487.)