Public Act 098-0607
HB2535 EnrolledLRB098 06407 DRJ 40613 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Developmental Disability and Mental
Disability Services Act is amended by adding Article 11 as
    (405 ILCS 80/Art. XI heading new)

    (405 ILCS 80/11-1 new)
    Sec. 11-1. Developmental Disabilities Regulatory Advisory
    (a) The Director of the Division of Developmental
Disabilities within the Department shall appoint a
Developmental Disabilities Regulatory Advisory Board, no later
than October 1, 2013, whose members are capable of actively
participating on the Advisory Board, to consult with the
Department regarding Parts 115, 116, 117, 119, and 120 of Title
59 of the Illinois Administrative Code, as provided in this
    (b) The Advisory Board shall be composed of the following
        (1) The Director of the Division of Developmental
    Disabilities, or his or her designee, shall serve as an
    ex-officio member and shall serve as chairperson of the
    Advisory Board.
        (2) One representative of the Department of Healthcare
    and Family Services and one representative of the Office of
    the State Fire Marshal, each of whom shall serve as
    ex-officio members.
        (3) Five persons selected from recommendations of
    organizations whose membership consists of providers
    within the developmental disabilities service delivery
        (4) Two persons who are guardians or family members of
    persons with developmental disabilities and who do not have
    responsibility for management or formation of policy
    regarding the programs subject to review of the Advisory
        (5) Two persons who receive developmental disabilities
    services funded by the Division.
        (6) Two persons selected from the recommendations of
    consumer organizations that engage solely in advocacy or
    legal representation on behalf of persons with
    developmental disabilities and their immediate families.
        (7) One person who is a representative of a labor
    organization which represents direct support persons,
    working within one of the programs subject to review of the
    Advisory Board.
    (c) The Advisory Board shall meet as frequently as the
chairperson deems necessary, but not less than once each
calendar year. Upon request of 6 or more members, the
chairperson shall call a meeting of the Advisory Board. A
member of the Advisory Board may designate a replacement to
serve at the Advisory Board meeting in place of the member by
submitting a letter of designation to the chairperson prior to
or at the Advisory Board meeting, but a replacement for an
Advisory Board member may not serve as a replacement for more
than 2 consecutive meetings.
    (d) The Advisory Board shall advise the Department of Human
Services Division of Developmental Disabilities on the format
and content of any amendments to rules referenced in subsection
(a) proposed by the Division of Developmental Disabilities. Any
of these rules, except emergency rules adopted under Section
5-45 of the Illinois Administrative Procedure Act, adopted
without obtaining the advice of the Advisory Board are null and
void. If the Department fails to follow the advice of the
Advisory Board on proposed rules, the Department shall, prior
to the adoption of the rules, transmit a written explanation of
the reason therefor to the Advisory Board.
    (e) During its review of proposed rules as requested by the
Department, the Advisory Board shall discuss the economic
impact of those rules.
    (f) If the Advisory Board, having been asked for its
advice, fails to advise the Department within 45 days, the
rules shall be considered acted upon.
    (g) The Department shall provide staff and technical
support to the Advisory Board to perform its functions under
this Section.
    Section 99. Effective date. This Act takes effect upon
becoming law.