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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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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, 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.
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| 6 | Section 99. Effective date. This Act takes effect upon | ||||||
| 7 | becoming law.
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