Rep. Elgie R. Sims, Jr.

Filed: 4/11/2013





09800HB2535ham001LRB098 06407 RLC 44383 a


2    AMENDMENT NO. ______. Amend House Bill 2535 by replacing
3everything after the enacting clause with the following:
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



09800HB2535ham001- 2 -LRB098 06407 RLC 44383 a

1members are capable of actively participating on the Advisory
2Board, to consult with the Department regarding Parts 115, 116,
3119, and 120 of Title 59 of the Illinois Administrative Code,
4as provided in this Section.
5    (b) The Advisory Board shall be composed of the following
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



09800HB2535ham001- 3 -LRB098 06407 RLC 44383 a

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
9chairperson deems necessary, but not less than once each
10calendar year. Upon request of 6 or more members, the
11chairperson shall call a meeting of the Advisory Board. A
12member of the Advisory Board may designate a replacement to
13serve at the Advisory Board meeting in place of the member by
14submitting a letter of designation to the chairperson prior to
15or at the Advisory Board meeting.
16    (d) The Advisory Board shall advise the Department of Human
17Services Division of Developmental Disabilities on the format
18and content of any amendments to rules referenced in subsection
19(a) proposed by the Division of Developmental Disabilities. Any
20of these rules, except emergency rules adopted under Section
215-45 of the Illinois Administrative Procedure Act, adopted
22without obtaining the advice of the Advisory Board are null and
23void. If the Department fails to follow the advice of the
24Advisory Board on proposed rules, the Department shall, prior
25to the adoption of the rules, transmit a written explanation of
26the reason therefor to the Advisory Board.



09800HB2535ham001- 4 -LRB098 06407 RLC 44383 a

1    (e) During its review of proposed rules as requested by the
2Department, the Advisory Board shall discuss the economic
3impact of those rules.
4    (f) If the Advisory Board, having been asked for its
5advice, fails to advise the Department within 45 days, the
6rules shall be considered acted upon.
7    (g) The Department shall provide staff and technical
8support to the Advisory Board to perform its functions under
9this Section.
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".