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| | HB2535 Enrolled | | LRB098 06407 DRJ 40613 b |
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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:
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| 7 | | (405 ILCS 80/Art. XI heading new) |
| 8 | | ARTICLE XI. DEVELOPMENTAL DISABILITIES REGULATORY ADVISORY |
| 9 | | BOARD
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| 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 |