92nd General Assembly
Status of HB2437
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BROSNAHAN-RYAN-MCKEON-FEIGENHOLTZ-ERWIN, YARBROUGH, BLACK AND LANG.

(RADOGNO-SILVERSTEIN)

   New Act                                                                     
   405 ILCS 80/1-1 rep.                                                        
   405 ILCS 80/1-2 rep.                                                        
   405 ILCS 80/1-3 rep.                                                        
   405 ILCS 80/1-4 rep.                                                        
   405 ILCS 80/1-5 rep.                                                        

        Creates the Developmental  Disabilities  Services  Act  of  2001.      
   Requires  the  Governor, with the assistance of the Secretary of Human      
   Services, to appoint an advisory committee to develop a  Developmental      
   Disabilities  Services Implementation Plan that will ensure compliance      
   by the State with the federal Americans with Disabilities Act and  the      
   U.S.  Supreme Court decision in Olmstead v. L.C.  Specifies items that      
   must be included in the implementation  plan  and  specifies  services      
   that  may  be  provided  under  the  implementation plan.  Repeals the      
   Developmental  Disabilities  Services   Law   of   the   Developmental      
   Disability and Mental Disability Services Act.  Effective immediately.      
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes everything. Reinserts the provisions of the bill with          
   several changes. Deletes reference to "developmental". Provides that a      
   "disability"  is  as  defined  in the Americans with Disabilities Act.      
   Provides that services shall be provided under the Act to  the  extent      
   appropriations  are  made  available  by  the General Assembly for the      
   programs and services indicated in the implementation plan.  Effective      
   immediately.                                                                
        HOUSE AMENDMENT NO. 2.  (Tabled April 4, 2001)                         
        Replaces the definition of "disability" and adds  definitions  of      
   types  of  disabilities.   Changes  references  to  "case coordination      
   services" to "service coordination". Provides that family members  and      
   other representatives of the person with a disability must be allowed,      
   encouraged,   and   supported   to   participate   in   planning   and      
   decision-making regarding the person's individual service plan, if the      
   person  with a disability consents to that participation.  Deletes age      
   as a factor, and  makes  other  changes  concerning  nondiscriminatory      
   access  to  services. Specifies certain items that must be included in      
   the Department of Human Services' implementation plan with respect  to      
   comprehensive evaluations. Changes the date for the Governor's initial      
   report  to  the General Assembly from October 1, 2001 to July 1, 2002,      
   and requires subsequent plan updates and reports by July 1 (instead of      
   March 1) of each year.  Provides that initial  implementation  of  the      
   plan  is  required by July 1, 2003, and that the requirement of annual      
   updates and reports expires in 2007, unless otherwise extended by  the      
   General Assembly.  Makes other changes.                                     
        HOUSE AMENDMENT NO. 3.                                                 
        Makes changes substantially similar to those made by H-am 2,           
   except: (1) provides that a residential placement must be offered in        
   the most integrated setting appropriate, instead of in the least            
   restrictive setting possible; (2) provides that a person with a             
   disability has the right to a transition plan developed and ready           
   for implementation by no later than the school year in which the            
   person reaches age 14, consistent with the requirements of the              
   federal Individuals with Disabilities Education Act and Article XIV         
   of the School Code (instead of developed and ready for implementation       
   before the person's exit from school); (3) requires that vocational         
   training lead to employment and reemployment in the most integrated         
   setting appropriate to the individual (instead of simply lead to            
   employment and reemployment); (4) requires that a due process hearing       
   be before an impartial hearing officer (instead of simply before a          
   hearing officer); (5) provides for an award of "prevailing" (instead        
   of "reasonable") attorney's fees to a successful plaintiff in a             
   formal administrative or judicial action; and (6) provides that the         
   Governor's initial report to the General Assembly must include a            
   report of related program and service improvements or expansions            
   implemented since the effective date of the Developmental Disabilities      
   Services Act of 2001.                                                       
   FEB-23-2001  H  FILED WITH CLERK                                               
   FEB-23-2001  H  FIRST READING                                                  
   FEB-23-2001  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   FEB-27-2001  H       ASSIGNED TO COMMITTEE               DISABLED COMM         
   FEB-27-2001  H  ADDED AS A JOINT SPONSOR                 RYAN                  
   FEB-28-2001  H  ADDED AS A JOINT SPONSOR                 MCKEON                
   MAR-14-2001  H  ADDED AS A JOINT SPONSOR                 FEIGENHOLTZ           
   MAR-14-2001  H  ADDED AS A JOINT SPONSOR                 ERWIN                 
   MAR-15-2001  H                             AMENDMENT NO. 01-DISABLED COMM H    
   MAR-15-2001  H                                   ADOPTED                       
   MAR-15-2001  H  DO PASS AMENDED/SHORT DEBATE             011-000-000   HDSC    
   MAR-15-2001  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAR-16-2001  H  ADDED AS A CO-SPONSOR                    YARBROUGH             
   MAR-21-2001  H  SECOND READING-SHORT DEBATE                                    
   MAR-21-2001  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   MAR-21-2001  H  RECALLED TO SECOND READING-SHORT DEBATE                        
   MAR-21-2001  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   MAR-22-2001  H                             AMENDMENT NO. 02-BROSNAHAN          
   MAR-22-2001  H                     AMENDMENT REFERRED TO HRUL                  
   MAR-22-2001  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   MAR-22-2001  H  ADDED AS A CO-SPONSOR                    BLACK                 
   MAR-26-2001  H                             AMENDMENT NO. 02-BROSNAHAN          
   MAR-26-2001  H  RECOMMENDS BE ADOPTED                    HRUL/004-000-000      
   MAR-26-2001  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   MAR-28-2001  H                             AMENDMENT NO. 03-BROSNAHAN          
   MAR-28-2001  H                     AMENDMENT REFERRED TO HRUL                  
   MAR-28-2001  H                             AMENDMENT NO. 02-BROSNAHAN          
   MAR-28-2001  H                                   ADOPTED                       
   MAR-28-2001  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   MAR-30-2001  H                             AMENDMENT NO. 03-BROSNAHAN          
   MAR-30-2001  H  RECOMMENDS BE ADOPTED                    HRUL/005-000-000      
   MAR-30-2001  H  CALENDAR ORDER 3RD READING-SHORT DEBATE                        
   APR-02-2001  H  RECALLED TO SECOND READING-SHORT DEBATE                        
   APR-02-2001  H  MOTION FILED                             TO TABLE HA #2        
   APR-02-2001  H                                           -BROSNAHAN            
   APR-02-2001  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   APR-04-2001  H  MOTION TO TABLE AMENDMENT - PREVAILED    02/103-000-000        
   APR-04-2001  H                             AMENDMENT NO. 03-BROSNAHAN          
   APR-04-2001  H                                   ADOPTED                       
   APR-04-2001  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   APR-05-2001  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   APR-05-2001  S  ARRIVE IN SENATE                                               
   APR-05-2001  S  PLACED CALENDAR ORDER OF FIRST READING   01-04-06              
   APR-05-2001  H  ADDED AS A CO-SPONSOR                    LANG                  
   APR-09-2001  S  CHIEF SPONSOR                            SILVERSTEIN           
   APR-10-2001  S  FIRST READING                                                  
   APR-10-2001  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   APR-26-2001  S  SPONSOR REMOVED                          SILVERSTEIN           
   APR-26-2001  S  ALTERNATE CHIEF SPONSOR CHANGED TO       RADOGNO               
   APR-26-2001  S  CHIEF CO-SPONSOR CHANGED TO              SILVERSTEIN           
   JAN-07-2003  H  SESSION SINE DIE                                               

   END OF INQUIRY 



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