Bill Text: IL SB1928 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-28 - Public Act . . . . . . . . . 96-0786 [SB1928 Detail]

Download: Illinois-2009-SB1928-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Guardianship and Advocacy Act is amended by
changing Sections 5, 7, 14, 15, 16, 21, 24, and 27 as follows:
(20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
Sec. 5. (a) The Commission shall establish throughout the
State such regions as it considers appropriate to effectuate
the purposes of the Authority under this Act, taking into
account the requirements of State and federal statutes;
population; civic, health and social service boundaries; and
other pertinent factors.
(b) The Commission shall act through its divisions as
provided in this Act.
(c) The Commission shall establish general policy
guidelines for the operation of the Legal Advocacy Service,
Human Rights Authority and State Guardian in furtherance of
this Act. Any action taken by a regional authority is subject
to the review and approval of the Commission. The Commission,
acting on a request from the Director, may disapprove any
action of a regional authority, in which case the regional
authority shall cease such action.
(d) The Commission shall hire a Director and staff to carry

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out the powers and duties of the Commission and its divisions
pursuant to this Act and the rules and regulations promulgated
by the Commission. All staff other than the Director shall be
subject to the Personnel Code.
(e) The Commission shall review and evaluate the operations
of the divisions.
(f) The Commission shall operate subject to the provisions
of the Illinois Procurement Code The Illinois Purchasing Act.
(g) The Commission shall prepare its budget.
(h) The Commission shall prepare an annual report on its
operations and submit the report to the Governor and the
General Assembly.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of "An Act to revise the law in
relation to the General Assembly", approved February 25, 1874,
and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
Act.
(i) The Commission shall establish rules and regulations
for the conduct of the work of its divisions, including rules
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
resources for the purpose of determining whether the eligible
person or ward has the ability to pay for legal or guardianship
services received. The determination of the eligible person's
financial ability to pay for legal services shall be based upon
the number of dependents in the eligible person's family unit
and the income, liquid assets and necessary expenses, as
prescribed by rule of the Commission of: (1) the eligible
person; (2) the eligible person's spouse; and (3) the parents
of minor eligible persons. The determination of a ward's
ability to pay for guardianship services shall be based upon
the ward's estate. An eligible person or ward found to have
sufficient financial resources shall be required to pay the
Commission in accordance with standards established by the
Commission. No fees may be charged for legal services given
unless the eligible person is given notice at the start of such
services that such fees might be charged. No fees may be
charged for guardianship services given unless the ward is
given notice of the request for fees filed with the probate
court and the court approves the amount of fees to be assessed.
All fees collected shall be deposited with the State Treasurer
and placed in the Guardianship and Advocacy Fund. The
Commission shall establish rules and regulations regarding the
procedures of appeal for clients prior to termination or
suspension of legal services. Such rules and regulations shall
include, but not be limited to, client notification procedures

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prior to the actual termination, the scope of issues subject to
appeal, and procedures specifying when a final administrative
decision is made.
(j) The Commission shall take such actions as it deems
necessary and appropriate to receive private, federal and other
public funds to help support the divisions and to safeguard the
rights of eligible persons. Private funds and property may be
accepted, held, maintained, administered and disposed of by the
Commission, as trustee, for such purposes for the benefit of
the People of the State of Illinois pursuant to the terms of
the instrument granting the funds or property to the
Commission.
(k) The Commission may expend funds under the State's plan
to protect and advocate the rights of persons with a
developmental disability established under the federal
Developmental Disabilities Services and Facilities
Construction Act (Public Law 94-103, Title II). If the Governor
designates the Commission to be the organization or agency to
provide the services called for in the State plan, the
Commission shall make these protection and advocacy services
available to persons with a developmental disability by
referral or by contracting for these services to the extent
practicable. If the Commission is unable to so make available
such protection and advocacy services, it shall provide them
through persons in its own employ.
(l) The Commission shall, to the extent funds are

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available, monitor issues concerning the rights of eligible
persons and the care and treatment provided to those persons,
including but not limited to the incidence of abuse or neglect
of eligible persons. For purposes of that monitoring the
Commission shall have access to reports of suspected abuse or
neglect and information regarding the disposition of such
reports, subject to the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act.
(Source: P.A. 88-380.)
(20 ILCS 3955/7) (from Ch. 91 1/2, par. 707)
Sec. 7. 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 duties described in Sections 14, 15, and 16 of
this Act.
(Source: P.A. 80-1416.)
(20 ILCS 3955/14) (from Ch. 91 1/2, par. 714)
Sec. 14. Each regional authority shall consist of the 9
members appointed by the Director, in accordance with this
Section Commission. Each regional authority shall include
insofar as possible one professionally knowledgeable and
broadly experienced employee or officer of a provider of each
of the following services: mental health, developmental
disabilities, and vocational rehabilitation. No other employee

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or officer of a service provider shall be appointed to a
regional authority. In making appointments, the Director
Commission shall strive to ensure representation of minority
groups and of eligible persons, and shall give due
consideration to recommendations of persons and groups
assisting eligible persons. The Director Commission may remove
for incompetence, neglect of duty, or malfeasance in office any
member of a regional authority. All actions taken by the
Director to appoint or remove members shall be reported to the
Commission at the next scheduled Commission meeting.
Each regional authority shall annually elect a chairman and
any other officers it deems necessary. Members of the regional
authorities shall serve for a term of 3 years, except that the
terms of the first appointees shall be as follows: 3 members
serving for a 1 year term; 3 members serving for a 2 year term;
and 3 members serving for a 3 year term. Assignment of terms of
such first appointees shall be by lot. No member shall serve
for more than 2 consecutive 3 year terms. Five members shall
constitute a quorum.
Vacancies in the regional authorities shall be filled in
the same manner as original appointments.
Members of the regional authorities shall serve without
compensation but shall be reimbursed for actual expenses
incurred in the performance of their duties.
Each regional authority shall meet not less than once every
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
regional authority.
(Source: P.A. 80-1487.)
(20 ILCS 3955/15) (from Ch. 91 1/2, par. 715)
Sec. 15. A regional authority which receives a complaint
alleging that the rights of an eligible person have been
violated in the region in which the authority sits, shall
conduct an investigation unless it determines that the
complaint is frivolous or beyond the scope of its authority or
competence, or unless the Director Commission finds that a
conflict of interest exists and directs another regional
authority to conduct the investigation. The authority shall
inform the complainant whether it will conduct an
investigation, and if not, the reason therefor. The authority
may advise a complainant as to other remedies which may be
available. 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.
(Source: P.A. 84-1358.)
(20 ILCS 3955/16) (from Ch. 91 1/2, par. 716)
Sec. 16. 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

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in which the authority sits, unless the Director Commission
finds that a conflict of interest exists and directs another
regional authority to conduct the investigation.
(Source: P.A. 84-1358.)
(20 ILCS 3955/21) (from Ch. 91 1/2, par. 721)
Sec. 21. A regional authority may, subject to the
provisions of the Open Meetings Act, conduct closed meetings
and hearings when necessary to ensure confidentiality or to
protect the rights of any eligible person or provider of
services or other person. However, it shall make public a
summary of business conducted during any such meeting or
hearing. Such summary shall not contain personally
identifiable data.
(Source: P.A. 80-1487.)
(20 ILCS 3955/24) (from Ch. 91 1/2, par. 724)
Sec. 24. If a regional authority determines that further
action is required, it may refer a matter to the Commission or
another division thereof, any federal, State or local agency or
other persons, as it may deem appropriate and as approved by
the Director Commission.
(Source: P.A. 80-1416.)
(20 ILCS 3955/27) (from Ch. 91 1/2, par. 727)
Sec. 27. A regional authority may, by acting through the

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Director, propose to the Commission legislation for the purpose
of safeguarding the rights of eligible persons.
(Source: P.A. 80-1487.)