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Public Act 098-0607
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| HB2535 Enrolled | LRB098 06407 DRJ 40613 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Developmental Disability and Mental |
Disability Services Act is amended by adding Article 11 as |
follows:
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(405 ILCS 80/Art. XI heading new) |
ARTICLE XI. DEVELOPMENTAL DISABILITIES REGULATORY ADVISORY |
BOARD
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(405 ILCS 80/11-1 new) |
Sec. 11-1. Developmental Disabilities Regulatory Advisory |
Board. |
(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 |
Section. |
(b) The Advisory Board shall be composed of the following |
persons: |
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(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 |
system. |
(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 |
Board. |
(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 |
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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 |