Full Text of HB5569 96th General Assembly
HB5569ham001 96TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 3/17/2010
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09600HB5569ham001 |
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LRB096 17386 KTG 38697 a |
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| AMENDMENT TO HOUSE BILL 5569
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| AMENDMENT NO. ______. Amend House Bill 5569 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Guardianship and Advocacy Act is amended by | 5 |
| changing Sections 4, 14, and 31 as follows: | 6 |
| (20 ILCS 3955/4) (from Ch. 91 1/2, par. 704) | 7 |
| 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 | 9 |
| appointed
by the Governor, taking into account the requirements | 10 |
| of State and federal
statutes, with the advice and consent of | 11 |
| the Senate. | 12 |
| All appointments shall be filed with the Secretary of State | 13 |
| by the appointing
authority. | 14 |
| (b) The terms of the original members shall be 3 one year | 15 |
| terms, 3 two
year terms, and 3 three year terms, all terms to | 16 |
| 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 | 2 |
| lot of the first meeting held by the Commission.
The members | 3 |
| 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 | 5 |
| years, with
each member serving no more than 2 consecutive | 6 |
| terms. Vacancies in the
membership are to be filled in the same | 7 |
| manner as original appointments.
Appointments to fill | 8 |
| vacancies occurring before the expiration of a term
are for the | 9 |
| 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 | 11 |
| successor is
appointed and qualified or until the member | 12 |
| resigns and the resignation is filed with the Secretary of | 13 |
| State . | 14 |
| (c) The Commission shall annually elect a Chairman and any | 15 |
| other officers
it deems necessary. The Commission shall meet at | 16 |
| least once every 3 months
with the times and places of meetings | 17 |
| determined by the Chairman. Additional
meetings may be called | 18 |
| by the Chairman upon written notice 7 days before
the meeting | 19 |
| or by written petition of 5 members to the Chairman. A simple | 20 |
| majority of serving members shall constitute a quorum. Six | 21 |
| members
of the Commission constitute a quorum. | 22 |
| (d) Members of the Commission are not entitled to | 23 |
| compensation but shall
receive reimbursement for actual | 24 |
| expenses incurred in the performance of their duties. | 25 |
| (Source: P.A. 83-1538.) |
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| (20 ILCS 3955/14) (from Ch. 91 1/2, par. 714) | 2 |
| Sec. 14. Each regional authority shall consist of the 9 | 3 |
| members appointed
by the Director, in accordance with this | 4 |
| Section. Each regional authority shall include insofar as | 5 |
| possible
one professionally knowledgeable and broadly | 6 |
| experienced employee or officer
of a provider of each of the | 7 |
| following services:
mental health, developmental disabilities, | 8 |
| and vocational rehabilitation.
No other employee or officer of | 9 |
| a service provider shall be appointed to
a regional authority. | 10 |
| In making appointments, the Director shall strive
to ensure | 11 |
| representation of minority groups and of eligible persons, and
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| shall give due consideration to recommendations of persons and | 13 |
| groups assisting
eligible persons. The Director may remove for | 14 |
| incompetence, neglect of
duty, or malfeasance in office any | 15 |
| member of a regional authority. All actions taken by the | 16 |
| Director to appoint or remove members shall be reported to the | 17 |
| Commission at the next scheduled Commission meeting. | 18 |
| Each regional authority shall annually elect a chairman and | 19 |
| any other officers
it deems necessary. Members of the regional | 20 |
| authorities shall
serve for a term of 3 years, except that the | 21 |
| terms of the first appointees
shall be as follows: 3 members | 22 |
| serving
for a 1 year term; 3 members serving for a 2 year term; | 23 |
| and 3 members serving
for a 3 year term. Assignment of terms of | 24 |
| such first appointees shall be
by lot. No member shall serve | 25 |
| for more than 2 consecutive 3 year terms.
A simple majority of | 26 |
| serving members shall constitute a quorum. Five members shall |
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| constitute a quorum. | 2 |
| Vacancies in the regional authorities shall be filled in | 3 |
| the same manner
as original appointments. | 4 |
| Members of the regional authorities shall serve without | 5 |
| compensation but
shall be reimbursed for actual expenses | 6 |
| incurred in the performance of their duties. | 7 |
| Each regional authority shall meet not less than once every | 8 |
| 2 months.
Meetings may also be held upon call of the Regional | 9 |
| Chairman or upon written request of
a simple majority of | 10 |
| serving members any 5 members of the regional authority. | 11 |
| (Source: P.A. 96-271, eff. 1-1-10.) | 12 |
| (20 ILCS 3955/31) (from Ch. 91 1/2, par. 731) | 13 |
| Sec. 31. The State Guardian shall not be appointed if | 14 |
| another suitable
person is available and willing to accept the | 15 |
| guardianship appointment or if the ward is ineligible for | 16 |
| Medicaid or Medicare services as determined by the federal | 17 |
| Centers for Medicare and Medicaid Services under the federal | 18 |
| Social Security Act .
In all cases where a court appoints the | 19 |
| State Guardian, the court shall
indicate in the order | 20 |
| appointing the guardian as a finding of fact that no
other | 21 |
| suitable and willing person could be found to accept the | 22 |
| guardianship
appointment. This requirement shall be waived | 23 |
| where the Office of State
Guardian petitions for its own | 24 |
| appointment as guardian. | 25 |
| (Source: P.A. 89-396, eff. 8-20-95.)".
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