98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1655

 

Introduced 2/13/2013, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 135/9.5 new

    Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that the Director of the Division of Developmental Disabilities within the Department of Human Services shall appoint a Community Regulatory Advisory Board to consult with the Department. Provides for Advisory Board membership. Requires that the Advisory Board meet at least 4 times each year. Provides that the Advisory Board shall advise the Department on all aspects of the Department's responsibilities under the Act, including the format and content of any rules proposed by the Division of Developmental Disabilities, as requested by the Department. Provides that with certain exceptions, no rule of the Department implementing the Act that is proposed by the Department on or after the effective date of the amendatory Act is valid or effective against any person or party, nor may it be invoked by the Department for any purpose, unless the Department has first sought the advice of the Advisory Board with respect to that rule. Provides that if the Department requests the Advisory Board's advice with respect to a proposed rule, and if the Advisory Board fails to advise the Department as to that proposed rule within 90 days after the Department's request, the Advisory Board shall be deemed to have given its approval of that proposed rule. Provides for Department staff and technical support to the Advisory Board. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by adding Section
69.5 as follows:
 
7    (210 ILCS 135/9.5 new)
8    Sec. 9.5. Community Regulatory Advisory Board.
9    (a) The Director of the Division of Developmental
10Disabilities within the Department shall appoint a Community
11Regulatory Advisory Board to consult with the Department as
12provided in this Section.
13    (b) The Advisory Board shall be composed of the following
14persons:
15        (1) The Director of the Division of Developmental
16    Disabilities, who shall serve as an ex officio, non-voting
17    member and shall serve as chairperson of the Advisory
18    Board.
19        (2) One representative of the Department of Healthcare
20    and Family Services and one representative of the Office of
21    the State Fire Marshal, each of whom shall serve as a
22    non-voting member.
23        (3) A physician licensed to practice medicine in all

 

 

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1    its branches.
2        (4) A behavioral specialist, selected from
3    recommendations of the Department of Human Services.
4        (5) Four persons selected from recommendations of
5    organizations whose membership consists of
6    community-integrated living arrangement providers.
7        (6) One person who represents the general public and
8    who has no responsibility for management or formation of
9    policy in connection with a community-integrated living
10    arrangement program and no financial interest in a
11    community-integrated living arrangement program.
12        (7) Two persons who receive community-integrated
13    living arrangement services and are capable of actively
14    participating on the Advisory Board.
15        (8) One person selected from recommendations of
16    consumer organizations that engage solely in advocacy or
17    legal representation on behalf of individuals with
18    developmental disabilities and their immediate families.
19    (c) The Advisory Board shall meet as frequently as the
20chairperson deems necessary, but not less than 4 times each
21year. Upon request of 4 or more members, the chairperson shall
22call a meeting of the Advisory Board. The affirmative vote of 6
23members of the Advisory Board shall be necessary for Advisory
24Board action. A member of the Advisory Board may designate a
25replacement to serve at an Advisory Board meeting and vote in
26place of the member by submitting a letter of designation to

 

 

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1the chairperson before or at the Advisory Board meeting.
2    (d) The Advisory Board shall advise the Department of Human
3Services on all aspects of the Department's responsibilities
4under this Act, including the format and content of any rules
5proposed by the Division of Developmental Disabilities within
6the Department, as requested by the Department. Except for (i)
7an emergency rule adopted pursuant to Section 5-45 of the
8Illinois Administrative Procedure Act or (ii) a rule which the
9Advisory Board is deemed to have approved as provided in
10subsection (f), no rule of the Department implementing this Act
11that is proposed by the Department on or after the effective
12date of this amendatory Act of the 98th General Assembly is
13valid or effective against any person or party, nor may it be
14invoked by the Department for any purpose, unless the
15Department has first sought the advice of the Advisory Board
16with respect to that rule as provided in this Section. If the
17Department fails to follow the advice of the Advisory Board in
18proposing any rule implementing this Act, the Department shall,
19before adopting that rule, transmit to the Advisory Board a
20written explanation of the reason or reasons for the
21Department's failure to follow the Advisory Board's advice.
22    (e) During its review of proposed rules as requested by the
23Department, the Advisory Board shall analyze the economic
24impact of those rules.
25    (f) If the Department requests the Advisory Board's advice
26with respect to a proposed rule, and if the Advisory Board

 

 

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1fails to advise the Department as to that proposed rule within
290 days after the Department's request, the Advisory Board
3shall be deemed to have given its approval of that proposed
4rule.
5    (g) The Department shall provide staff and technical
6support to the Advisory Board as necessary to enable the
7Advisory Board to perform its functions under this Section.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.