SB1655 98TH GENERAL ASSEMBLY

LRB098 06406 DRJ 40611 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Community-Integrated Living Arrangements Licensure and Certification Act is amended by adding Section 9.5 as follows:

(210 ILCS 135/9.5 new)

Sec. 9.5. Community Regulatory Advisory Board.

(a) The Director of the Division of Developmental Disabilities within the Department shall appoint a Community Regulatory Advisory Board to consult with the Department as provided in this Section.

(b) The Advisory Board shall be composed of the following persons:

(1) The Director of the Division of Developmental Disabilities, who shall serve as an ex officio, non-voting member and shall serve as chairperson of the Advisory Board.

(2) One representative of the Department of Healthcare and Family Services and one representative of the Office of the State Fire Marshal, each of whom shall serve as a non-voting member.

(3) A physician licensed to practice medicine in all its branches.

(4) A behavioral specialist, selected from recommendations of the Department of Human Services.

(5) Four persons selected from recommendations of organizations whose membership consists of community-integrated living arrangement providers.

(6) One person who represents the general public and who has no responsibility for management or formation of policy in connection with a community-integrated living arrangement program and no financial interest in a community-integrated living arrangement program.

(7) Two persons who receive community-integrated living arrangement services and are capable of actively participating on the Advisory Board.

(8) One person selected from recommendations of consumer organizations that engage solely in advocacy or legal representation on behalf of individuals with developmental disabilities and their immediate families.

(c) The Advisory Board shall meet as frequently as the chairperson deems necessary, but not less than 4 times each year. Upon request of 4 or more members, the chairperson shall call a meeting of the Advisory Board. The affirmative vote of 6 members of the Advisory Board shall be necessary for Advisory Board action. A member of the Advisory Board may designate a replacement to serve at an Advisory Board meeting and vote in place of the member by submitting a letter of designation to the chairperson before or at the Advisory Board meeting.

(d) The Advisory Board shall advise the Department of Human Services on all aspects of the Department's responsibilities under this Act, including the format and content of any rules proposed by the Division of Developmental Disabilities within the Department, as requested by the Department. Except for (i) an emergency rule adopted pursuant to Section 5-45 of the Illinois Administrative Procedure Act or (ii) a rule which the Advisory Board is deemed to have approved as provided in subsection (f), no rule of the Department implementing this Act that is proposed by the Department on or after the effective date of this amendatory Act of the 98th General Assembly 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 as provided in this Section. If the Department fails to follow the advice of the Advisory Board in proposing any rule implementing this Act, the Department shall, before adopting that rule, transmit to the Advisory Board a written explanation of the reason or reasons for the Department's failure to follow the Advisory Board's advice.

(e) During its review of proposed rules as requested by the Department, the Advisory Board shall analyze the economic impact of those rules.

(f) 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.

(g) The Department shall provide staff and technical support to the Advisory Board as necessary to enable the Advisory Board to perform its functions under this Section.

Section 99. Effective date. This Act takes effect upon becoming law.