Illinois General Assembly - Full Text of HB2535
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Full Text of HB2535  98th General Assembly




HB2535 EnrolledLRB098 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, no later
16than October 1, 2013, whose members are capable of actively
17participating on the Advisory Board, to consult with the
18Department regarding Parts 115, 116, 117, 119, and 120 of Title
1959 of the Illinois Administrative Code, as provided in this
21    (b) The Advisory Board shall be composed of the following



HB2535 Enrolled- 2 -LRB098 06407 DRJ 40613 b

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



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1    Advisory Board.
2    (c) The Advisory Board shall meet as frequently as the
3chairperson deems necessary, but not less than once each
4calendar year. Upon request of 6 or more members, the
5chairperson shall call a meeting of the Advisory Board. A
6member of the Advisory Board may designate a replacement to
7serve at the Advisory Board meeting in place of the member by
8submitting a letter of designation to the chairperson prior to
9or at the Advisory Board meeting, but a replacement for an
10Advisory Board member may not serve as a replacement for more
11than 2 consecutive meetings.
12    (d) The Advisory Board shall advise the Department of Human
13Services Division of Developmental Disabilities on the format
14and content of any amendments to rules referenced in subsection
15(a) proposed by the Division of Developmental Disabilities. Any
16of these rules, except emergency rules adopted under Section
175-45 of the Illinois Administrative Procedure Act, adopted
18without obtaining the advice of the Advisory Board are null and
19void. If the Department fails to follow the advice of the
20Advisory Board on proposed rules, the Department shall, prior
21to the adoption of the rules, transmit a written explanation of
22the reason therefor to the Advisory Board.
23    (e) During its review of proposed rules as requested by the
24Department, the Advisory Board shall discuss the economic
25impact of those rules.
26    (f) If the Advisory Board, having been asked for its



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1advice, fails to advise the Department within 45 days, the
2rules shall be considered acted upon.
3    (g) The Department shall provide staff and technical
4support to the Advisory Board to perform its functions under
5this Section.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.