HB2535 EngrossedLRB098 06407 DRJ 40613 b

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 Developmental Disability and Mental
5Disability Services Act is amended by adding Article 11 as
7    (405 ILCS 80/Art. XI heading new)

10    (405 ILCS 80/11-1 new)
11    Sec. 11-1. Developmental Disabilities Regulatory Advisory
13    (a) The Director of the Division of Developmental
14Disabilities within the Department shall appoint a
15Developmental Disabilities Regulatory Advisory Board, whose
16members are capable of actively participating on the Advisory
17Board, to consult with the Department regarding Parts 115, 116,
18119, and 120 of Title 59 of the Illinois Administrative Code,
19as provided in this Section.
20    (b) The Advisory Board shall be composed of the following
22        (1) The Director of the Division of Developmental



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1    Disabilities, or his or her designee, shall serve as an
2    ex-officio member and shall serve as chairperson of the
3    Advisory Board.
4        (2) One representative of the Department of Healthcare
5    and Family Services and one representative of the Office of
6    the State Fire Marshal, each of whom shall serve as
7    ex-officio members.
8        (3) Five persons selected from recommendations of
9    organizations whose membership consists of providers
10    within the developmental disabilities service delivery
11    system.
12        (4) Two persons who are guardians or family members of
13    persons with developmental disabilities and who do not have
14    responsibility for management or formation of policy
15    regarding the programs subject to review of the Advisory
16    Board.
17        (5) Two persons who receive developmental disabilities
18    services funded by the Division.
19        (6) Two persons selected from the recommendations of
20    consumer organizations that engage solely in advocacy or
21    legal representation on behalf of persons with
22    developmental disabilities and their immediate families.
23        (7) One person who is a representative of a labor
24    organization which represents direct support persons,
25    working within one of the programs subject to review of the
26    Advisory Board.



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1    (c) The Advisory Board shall meet as frequently as the
2chairperson deems necessary, but not less than once each
3calendar year. Upon request of 6 or more members, the
4chairperson shall call a meeting of the Advisory Board. A
5member of the Advisory Board may designate a replacement to
6serve at the Advisory Board meeting in place of the member by
7submitting a letter of designation to the chairperson prior to
8or at the Advisory Board meeting.
9    (d) The Advisory Board shall advise the Department of Human
10Services Division of Developmental Disabilities on the format
11and content of any amendments to rules referenced in subsection
12(a) proposed by the Division of Developmental Disabilities. Any
13of these rules, except emergency rules adopted under Section
145-45 of the Illinois Administrative Procedure Act, adopted
15without obtaining the advice of the Advisory Board are null and
16void. If the Department fails to follow the advice of the
17Advisory Board on proposed rules, the Department shall, prior
18to the adoption of the rules, transmit a written explanation of
19the reason therefor to the Advisory Board.
20    (e) During its review of proposed rules as requested by the
21Department, the Advisory Board shall discuss the economic
22impact of those rules.
23    (f) If the Advisory Board, having been asked for its
24advice, fails to advise the Department within 45 days, the
25rules shall be considered acted upon.
26    (g) The Department shall provide staff and technical



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1support to the Advisory Board to perform its functions under
2this Section.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.