Rep. Angelo Saviano
Filed: 3/17/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 5569




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    AMENDMENT NO. ______. Amend House Bill 5569 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Guardianship and Advocacy Act is amended  by 
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changing Sections 4, 14, and 31 as follows:
 
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    (20 ILCS 3955/4)  (from Ch. 91 1/2, par. 704)
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    Sec. 4. (a) The Commission shall consist of 11 members, one

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of whom shall be a senior citizen age 60 or over, who shall be 
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appointed
by the Governor, taking into account the requirements 
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of State and federal
statutes, with the advice and consent of 
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the Senate.
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    All appointments shall be filed with the Secretary of State 
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by the appointing
authority.
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    (b) The terms of the original members shall be 3 one year 
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terms, 3 two
year terms, and 3 three year terms, all terms to 
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continue until a successor
is appointed and qualified.  The 
 


 






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length of the terms of the original
members shall be drawn by 
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lot of the first meeting held by the Commission.
The members 
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first appointed under this amendatory Act of 1984 shall serve

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for a term of 3 years.  Thereafter all terms shall be for 3 
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years, with
each member serving no more than 2 consecutive 
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terms.  Vacancies in the
membership are to be filled in the same 
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manner as original appointments.
Appointments to fill 
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vacancies occurring before the expiration of a term
are for the 
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remainder of the unexpired term.  A member of the Commission

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shall serve for a term ending on June 30 and until his 
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successor is
appointed and qualified or until the member 
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resigns and the resignation is filed with the Secretary of 
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State.
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    (c) The Commission shall annually elect a Chairman and any 
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other officers
it deems necessary.  The Commission shall meet at 
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least once every 3 months
with the times and places of meetings 
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determined by the Chairman.  Additional
meetings may be called 
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by the Chairman upon written notice 7 days before
the meeting 
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or by written petition of 5 members to the Chairman.  A simple 
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majority of serving members shall constitute a quorum. Six 
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members
of the Commission constitute a quorum. 
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    (d) Members of the Commission are not entitled to 
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compensation but shall
receive reimbursement for actual 
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expenses incurred in the performance of their duties.
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(Source: P.A. 83-1538.)
 
 


 






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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 
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members appointed
by the Director, in accordance with this 
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Section.  Each regional authority shall include insofar as 
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possible
one professionally knowledgeable and broadly 
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experienced employee or officer
of a provider of each of the 
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following services:
mental health, developmental disabilities, 
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and vocational rehabilitation.
No other employee or officer of 
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a service provider shall be appointed to
a regional authority.  
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In making appointments, the Director shall strive
to ensure 
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representation of minority groups and of eligible persons, and

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shall give due consideration to recommendations of persons and 
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groups assisting
eligible persons.  The Director may remove for 
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incompetence, neglect of
duty, or malfeasance in office any 
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member of a regional authority. All actions taken by the 
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Director to appoint or remove members shall be reported to the 
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Commission at the next scheduled Commission meeting. 
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    Each regional authority shall annually elect a chairman and 
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any other officers
it deems necessary.  Members of the regional 
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authorities shall
serve for a term of 3 years, except that the 
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terms of the first  appointees
shall be as follows: 3 members 
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serving
for a 1 year term; 3 members serving for a 2 year term; 
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and 3 members serving
for a 3 year term.  Assignment of terms of 
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such first appointees shall be
by lot.  No member shall serve 
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for more than 2 consecutive 3 year terms.
A simple majority of 
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serving members shall constitute a quorum. Five members shall 
 


 






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constitute a quorum. 
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    Vacancies in the regional authorities shall be filled in 
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the same manner
as original appointments.
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    Members of the regional authorities shall serve without 
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compensation but
shall be reimbursed for actual expenses 
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incurred in the performance of their duties.
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    Each regional authority shall meet not less than once every 
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2 months.
Meetings may also be held upon call of the Regional 
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Chairman or upon written request of
a simple majority of 
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serving members any 5 members of the regional authority.
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(Source: P.A. 96-271, eff. 1-1-10.)
 
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    (20 ILCS 3955/31)  (from Ch. 91 1/2, par. 731)
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    Sec. 31. The State Guardian shall not be appointed if 
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another suitable
person is available and willing to accept the 
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guardianship appointment or if the ward is ineligible for 
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Medicaid or Medicare services as determined by the federal 
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Centers for Medicare and Medicaid Services under the federal 
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Social Security Act.
In all cases where a court appoints the 
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State Guardian, the court shall
indicate in the order 
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appointing the guardian as a finding of fact that no
other 
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suitable and willing person could be found to accept the 
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guardianship
appointment.  This requirement shall be waived 
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where the Office of State
Guardian petitions for its own 
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appointment as guardian.
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(Source: P.A. 89-396, eff. 8-20-95.)".