Full Text of HB2535 98th General Assembly
HB2535enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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, no later | 16 | | than October 1, 2013, whose members are capable of actively | 17 | | participating on the Advisory Board, to consult with the | 18 | | Department regarding Parts 115, 116, 117, 119, and 120 of Title | 19 | | 59 of the Illinois Administrative Code, as provided in this | 20 | | Section. | 21 | | (b) The Advisory Board shall be composed of the following | 22 | | persons: |
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| 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 | 3 | | chairperson deems necessary, but not less than once each | 4 | | calendar year. Upon request of 6 or more members, the | 5 | | chairperson shall call a meeting of the Advisory Board. A | 6 | | member of the Advisory Board may designate a replacement to | 7 | | serve at the Advisory Board meeting in place of the member by | 8 | | submitting a letter of designation to the chairperson prior to | 9 | | or at the Advisory Board meeting, but a replacement for an | 10 | | Advisory Board member may not serve as a replacement for more | 11 | | than 2 consecutive meetings. | 12 | | (d) The Advisory Board shall advise the Department of Human | 13 | | Services Division of Developmental Disabilities on the format | 14 | | and content of any amendments to rules referenced in subsection | 15 | | (a) proposed by the Division of Developmental Disabilities. Any | 16 | | of these rules, except emergency rules adopted under Section | 17 | | 5-45 of the Illinois Administrative Procedure Act, adopted | 18 | | without obtaining the advice of the Advisory Board are null and | 19 | | void. If the Department fails to follow the advice of the | 20 | | Advisory Board on proposed rules, the Department shall, prior | 21 | | to the adoption of the rules, transmit a written explanation of | 22 | | the reason therefor to the Advisory Board. | 23 | | (e) During its review of proposed rules as requested by the | 24 | | Department, the Advisory Board shall discuss the economic | 25 | | impact of those rules. | 26 | | (f) If the Advisory Board, having been asked for its |
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| 1 | | advice, fails to advise the Department within 45 days, the | 2 | | rules shall be considered acted upon. | 3 | | (g) The Department shall provide staff and technical | 4 | | support to the Advisory Board to perform its functions under | 5 | | this Section.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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