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HB 3095

Relating to financial exploitation of a person in recovery

2025 Regular Session Introduced by Matthew Rohrbach

Sets regional authorities to 7-9 members and requires at least one professional from mental health, developmental disabilities, and vocational rehabilitation on each board.

To House Judiciary
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Bill Summary · HB 3095

Summary — HB 3095 / Public Act 104-0273

  • Short title / topic: Guardianship and Advocacy — regional authority membership
  • Statute amended: Guardianship and Advocacy Act, Section 14 (20 ILCS 3955/14)
  • Public Act: 104-0273 (Governor approved Aug 15, 2025)
  • Effective date: January 1, 2026
  • Chief sponsors: Rep. Diane Blair‑Sherlock (chief), Rep. Theresa Mah (original filer); Chief Senate sponsor Sen. Sara Feigenholtz
  • Companion: SB 2755

Purpose

To modify the statutory composition rule for regional authorities under the Guardianship and Advocacy Act by specifying a minimum membership size (allowing flexibility in board size) and to make conforming language changes.

Key provisions and changes

  • Membership size:

    • Changes Section 14 to require each regional authority to consist of at least 7 members and no more than 9 members appointed by the Director of the Guardianship and Advocacy Commission. (Prior statutory language specified 9 members.)
    • The bill is described as making a conforming change to reflect this new range.

  • Composition requirements:

    • Each regional authority should, insofar as possible, include one professionally knowledgeable and broadly experienced employee or officer of a provider of each of these services: mental health, developmental disabilities, and vocational rehabilitation.
    • No other employee/officer of a service provider may be appointed to a regional authority.

  • Appointments, representation, and removals:

    • The Director shall strive to ensure representation of minority groups and eligible persons and give due consideration to recommendations from persons/groups that assist eligible persons.
    • The Director may remove members for incompetence, neglect of duty, or malfeasance; appointments/removals must be reported to the Commission at its next scheduled meeting.

  • Terms and governance:

    • Regular term: 3 years; initial staggered terms (three 1‑year, three 2‑year, three 3‑year) assigned by lot.
    • No member may serve more than two consecutive 3‑year terms.
    • Each regional authority elects a chair annually and other officers as needed.
    • Quorum language: a quorum is a majority of appointed members; the statute also specifies “Five members shall constitute a quorum.”
    • Vacancies are filled the same way as original appointments.
    • Members serve without compensation but are reimbursed for actual expenses.
    • Meeting frequency: at least once every 2 months; additional meetings may be called by the regional chair or at the written request of any 5 members.

Who is affected

  • Regional authorities of the Illinois Guardianship and Advocacy Commission (their composition and appointment process).
  • Potential appointees (including provider employees who are allowed limited representation).
  • Service providers and advocacy groups that make recommendations for appointments.
  • Eligible persons (people with disabilities) who are served/represented by the Commission through its regional authorities.

Procedural / timeline notes

  • Introduced Feb 18–20, 2025; committee and floor action in spring 2025; passed both houses (May 22, 2025); sent to governor June 20, approved Aug 15, 2025.
  • Becomes effective January 1, 2026.

Practical implications / notes

  • The new 7–9 member range provides flexibility to form regional authorities with fewer members than the prior fixed 9‑member structure, which may ease appointment difficulties.
  • The statute retains both a “majority of appointed members” quorum standard and an explicit “Five members shall constitute a quorum,” which could create an operational discrepancy when a regional authority has only 7 members (a majority of 7 is 4). Agencies and counsel may need to reconcile or interpret that language in practice.

Compiled from official sources — confirm details with the bill’s official record.

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