Rep. Elgie R. Sims, Jr.
Filed: 4/11/2013
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| 1 | AMENDMENT TO HOUSE BILL 2535
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| 2 | AMENDMENT NO. ______. Amend House Bill 2535 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: | ||||||
| 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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