92nd General Assembly
Summary of HB2437
   [ Home ]   [ Back ]   [ Legislation ]
Please enter a bill number.

 Full Text  Bill Status
House Sponsors:

Senate Sponsors:

Short description: 
DEVELOPMNTL DISABILITIES SRVCS                                             

Synopsis of Bill as introduced:
        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      
        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.                                                       
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


 Full Text  Bill Status