Bill Text: IL SB1655 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0531 [SB1655 Detail]
Download: Illinois-2013-SB1655-Amended.html
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0531 [SB1655 Detail]
Download: Illinois-2013-SB1655-Amended.html
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1 | AMENDMENT TO SENATE BILL 1655
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2 | AMENDMENT NO. ______. Amend Senate Bill 1655 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Developmental Disability and Mental | ||||||
5 | Disability Services Act is amended by adding Article 11 as | ||||||
6 | follows:
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7 | (405 ILCS 80/Art. XI heading new) | ||||||
8 | ARTICLE XI. DEVELOPMENTAL DISABILITIES REGULATORY ADVISORY | ||||||
9 | BOARD | ||||||
10 | (405 ILCS 80/11-1 new) | ||||||
11 | Sec. 11-1. Developmental Disabilities Regulatory Advisory | ||||||
12 | Board. | ||||||
13 | (a) The Director of the Division of Developmental | ||||||
14 | Disabilities within the Department shall appoint a | ||||||
15 | Developmental Disabilities Regulatory Advisory Board, whose |
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1 | members are capable of actively participating on the Advisory | ||||||
2 | Board, to consult with the Department regarding Parts 115, 116, | ||||||
3 | 119, and 120 of Title 59 of the Illinois Administrative Code, | ||||||
4 | as provided in this Section. | ||||||
5 | (b) The Advisory Board shall be composed of the following | ||||||
6 | persons: | ||||||
7 | (1) The Director of the Division of Developmental | ||||||
8 | Disabilities, or his or her designee, shall serve as an | ||||||
9 | ex-officio member and shall serve as chairperson of the | ||||||
10 | Advisory Board. | ||||||
11 | (2) One representative of the Department of Healthcare | ||||||
12 | and Family Services and one representative of the Office of | ||||||
13 | the State Fire Marshal, each of whom shall serve as | ||||||
14 | ex-officio members. | ||||||
15 | (3) Five persons selected from recommendations of | ||||||
16 | organizations whose membership consists of providers | ||||||
17 | within the developmental disabilities service delivery | ||||||
18 | system. | ||||||
19 | (4) Two persons who are guardians or family members of | ||||||
20 | persons with developmental disabilities and who do not have | ||||||
21 | responsibility for management or formation of policy | ||||||
22 | regarding the programs subject to review of the Advisory | ||||||
23 | Board. | ||||||
24 | (5) Two persons who receive developmental disabilities | ||||||
25 | services funded by the Division. | ||||||
26 | (6) Two persons selected from the recommendations of |
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1 | consumer organizations that engage solely in advocacy or | ||||||
2 | legal representation on behalf of persons with | ||||||
3 | developmental disabilities and their immediate families. | ||||||
4 | (7) One person who is a representative of a labor | ||||||
5 | organization which represents direct support persons, | ||||||
6 | working within one of the programs subject to review of the | ||||||
7 | Advisory Board. | ||||||
8 | (c) The Advisory Board shall meet as frequently as the | ||||||
9 | chairperson deems necessary, but not less than once each | ||||||
10 | calendar year. Upon request of 6 or more members, the | ||||||
11 | chairperson shall call a meeting of the Advisory Board. A | ||||||
12 | member of the Advisory Board may designate a replacement to | ||||||
13 | serve at the Advisory Board meeting in place of the member by | ||||||
14 | submitting a letter of designation to the chairperson prior to | ||||||
15 | or at the Advisory Board meeting. | ||||||
16 | (d) The Advisory Board shall advise the Department of Human | ||||||
17 | Services Division of Developmental Disabilities on the format | ||||||
18 | and content of any amendments to rules referenced in subsection | ||||||
19 | (a) proposed by the Division of Developmental Disabilities. Any | ||||||
20 | of these rules, except emergency rules adopted under Section | ||||||
21 | 5-45 of the Illinois Administrative Procedure Act, adopted | ||||||
22 | without obtaining the advice of the Advisory Board are null and | ||||||
23 | void. If the Department fails to follow the advice of the | ||||||
24 | Advisory Board on proposed rules, the Department shall, prior | ||||||
25 | to the adoption of the rules, transmit a written explanation of | ||||||
26 | the reason therefor to the Advisory Board. |
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1 | (e) During its review of proposed rules as requested by the | ||||||
2 | Department, the Advisory Board shall discuss the economic | ||||||
3 | impact of those rules. | ||||||
4 | (f) If the Advisory Board, having been asked for its | ||||||
5 | advice, fails to advise the Department within 45 days, the | ||||||
6 | rules shall be considered acted upon. | ||||||
7 | (g) The Department shall provide staff and technical | ||||||
8 | support to the Advisory Board to perform its functions under | ||||||
9 | this Section.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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