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| Public Act 098-0607 | ||||
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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: | ||||
(405 ILCS 80/Art. XI heading new) | ||||
ARTICLE XI. DEVELOPMENTAL DISABILITIES REGULATORY ADVISORY | ||||
BOARD | ||||
(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: | ||||
(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 | ||
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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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