Public Act 93-0246

HB2413 Enrolled                      LRB093 06749 DRJ 10996 b

    AN ACT in relation to aging.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.  This  Act may be cited as the
Community Senior Services and Resources Act.

    Section 5.  Legislative findings.  The  General  Assembly
recognizes   that  community  senior  services  and  resource
centers:
         (1)  provide one-stop convenience  for  seniors  and
    their families;
         (2)  assist   seniors   in   avoiding  inappropriate
    institutionalization; and
         (3)  address the health, safety, and  well-being  of
    those  who  receive senior services at home and those who
    receive them in an institutional setting.

    Section 10.  Legislative intent. It is the intent of  the
General  Assembly  that  the Department advocate on behalf of
community senior services and resource  centers  and  promote
their   financial   stability   through   direct  grants  and
identification of alternative funding sources.

    Section 15.  Definitions. For the purposes of this Act:
    "Advisory Committee" means the Community Senior  Services
and  Resource Center Advisory Committee created under Section
35.
    "Center" means a community senior services  and  resource
center.
    "Department" means the Department on Aging.
    "Director" means the Director of Aging.
    "Senior" means an individual 60 years of age or older.
    "Home   or   community   based   services"  includes  the
following:   elder   abuse;   home-delivered   meals;    case
management;  wellness and fitness programs; counseling; adult
day  services;  respite  care;  senior   benefits   outreach;
congregate  meals;  long-term  care  ombudsman  services; job
training  and  placement;  transportation;  chore   homemaker
services;  caregiver  support;  computer  literacy;  and  any
program  that  assists participants in avoiding inappropriate
institutional placement or  addresses  participants'  health,
safety,   or well-being, regardless of whether the service is
received in a  participant's  home  or  in  an  institutional
setting  and a majority of participants are seniors or family
of seniors.

    Section 20.  Duties. The Department shall perform all  of
the following duties:
         (1)  Administer  this  Act and promulgate any rules,
    regulations, guidelines, and directives necessary for its
    implementation.
         (2)  Establish  a  Community  Senior  Services   and
    Resource Center Advisory Committee.
         (3)  Make grants to non-profit agencies and units of
    local   government  under  Section  25  of  this  Act  in
    consultation with the Advisory Committee.
         (4)  Facilitate access  to  government-issued  bonds
    for the purpose of capital improvement.
         (5)  Provide technical assistance to centers.
         (6)  Develop a comprehensive list of centers and the
    senior   services  they  offer  for  publication  on  the
    Department's web site and for distribution through  other
    promotional opportunities.
         (7)  Develop   a   survey  for  annual  distribution
    through the centers to gather information concerning  the
    lack  or  inadequacy  of  senior services and to identify
    service demand trends  and  the  unique  needs  of  older
    Illinoisans and their families.
         (8)  Conduct  an  annual survey of centers to assess
    their facility, program, and operational needs.
         (9)  Report  annually  in   conjunction   with   the
    Advisory  Committee  to  the  Governor  and  the  General
    Assembly.  The  report  shall  include  findings from all
    surveys  conducted  pursuant  to  this  Act,  a  list  of
    grantees  by  county  (including  amounts  awarded),  and
    recommendations   concerning   the   ongoing    financial
    stability of centers.
         (10)  Pursue alternative funding opportunities.

    Section   25.  Community  senior  services  and  resource
center grants.
    (a)  On and after January 1,  2005,  the  Department  may
award  grants  under  this  Act. It is the General Assembly's
intent that grants awarded under this Act shall  be  made  to
the  extent  of  the availability and level of appropriations
made for this purpose by the General Assembly.
    (b)  A center must meet  the  following  criteria  to  be
eligible to receive a grant under this Section:
         (1)  It  must  be  a  non-profit agency or a unit of
    local government.
         (2)  It must be housed in a building or portion of a
    building that includes space for group activities offered
    to the community at large.
         (3)  It must be open 5 or more days each week, 7  or
    more hours per day.
         (4)  It must employ paid staff.
         (5)  It must offer 5 or more home or community-based
    services to the community at large on a daily basis.
         (6)  A  majority of the participants in the center's
    programs must be seniors or family members of seniors.
    (c)  A center must  apply  for  a  grant  in  the  manner
prescribed  by  the Department. At a minimum, the application
must do the following:
         (1)  Describe the services offered by the center.
         (2)  Identify the special needs of  the  center  and
    how  the  grant  will  be  used  to  alleviate identified
    funding problems.
         (3)  Demonstrate  that  the  center  addresses   the
    service  needs  of seniors in the community served by the
    center.
         (4)  Describe other potential funding sources.
         (5)  Describe additional funding  opportunities,  if
    any, to be leveraged with grant funds.
         (6)  Provide  proof  of  the center's involvement in
    the community's greater service delivery system.
         (7)  Provide documentation that funds were requested
    from other sources, including, but not limited to,  units
    of local government, local donors, local Area Agencies on
    Aging, or private or religious foundations.
         (8)  Include  letters of support for the awarding of
    the  grant,  from  sources  such  as   local   government
    officials,   community   leaders,   other  human  service
    providers, the local Area Agency  on  Aging,  private  or
    religious    foundations,   or   local   membership-based
    organizations.

    Section 30.  Funding; waivers. The Director may seek  and
obtain  non-State  resources  for  which  the  State  may  be
eligible  and  other  dedicated  revenue streams and may also
seek and obtain waivers of federal requirements from the U.S.
Department of Health and Human Services.

    Section  35.  Community  Senior  Services  and   Resource
Center Advisory Committee.
    (a)  The  Community  Senior  Services and Resource Center
Advisory Committee shall be established  by  the  Department.
The  Advisory  Committee  shall  advise  the  Director in all
aspects of the administration  of  this  Act,  including  the
determination of grant awards.
    (b)  The  Advisory  Committee  shall  be  composed of the
Director, who shall serve as a nonvoting ex  officio  member,
and  14  voting  members.  The  voting members shall select a
chairperson from  among  their  number.  The  Governor  shall
appoint the 14 voting members as follows:
         (1)  Two   members   selected  from  recommendations
    provided  by  an  association   representing   non-profit
    centers.
         (2)  Two   members   selected  from  recommendations
    provided  by   an   association   representing   township
    governments.
         (3)  Two   members   selected  from  recommendations
    provided by an association representing park districts.
         (4)  Two  members  selected   from   recommendations
    provided by an association representing municipalities.
         (5)  Two   members   selected  from  recommendations
    provided by statewide membership-based organizations that
    engage  solely  in  advocacy  on  behalf  of  the  senior
    population.
         (6)  Two members selected from individuals  who  are
    active participants in programs at a center.
         (7)  Two  members who are directors of Area Agencies
    on Aging.
    (c)  All voting members shall be appointed by January  1,
2004. As determined by lot at the time of their appointment,
4  of the initial appointee's terms shall expire in one year;
5 in 2 years; and  5  in  3  years.  Thereafter,  all  voting
members  shall  be appointed to serve for terms of 3 years. A
voting member's term does not expire  until  a  successor  is
appointed  by the Governor. A voting member appointed to fill
a vacancy occurring before the expiration  of  the  term  for
which his or her predecessor was appointed shall be appointed
for the remainder of that term.
    (d)  The  Advisory  Committee  shall  meet on a quarterly
basis and at other times  at  the  call  of  the  chair.  The
affirmative vote of 7 members of the Advisory Committee shall
be required to take action. Members of the Advisory Committee
shall receive no compensation for their service and shall not
be reimbursed for expenses related to their service.
    (e)  To  the  extent  possible,  members  of the Advisory
Committee shall assist  the  Department  in  reviewing  grant
applications.
    (f)  The  Advisory Committee shall be provided with draft
copies of proposed survey instruments for  their  review  and
comment before the survey is conducted.
    (g)  The Advisory Committee shall be provided with copies
of  all  administrative  rules  and changes to administrative
rules implementing this Act  for  their  review  and  comment
before  notice  of  the proposed rules or changes is given as
required under the Illinois Administrative Procedure Act.  If
the  Advisory  Committee,  having  been asked for its review,
fails to comment to the Department on the proposed  rules  or
changes  within  90  days,  the  Department  may  proceed  as
required  for  rulemaking  under  the Illinois Administrative
Procedure Act.

    Section  40.  Community  Senior  Services  and  Resources
Fund. The Community Senior Services  and  Resources  Fund  is
created  as  a special fund in the State treasury. All moneys
received by the Department for the implementation of this Act
shall be deposited into the Fund. Subject  to  appropriation,
moneys in the Fund shall be used for grant awards and for the
administration  of this Act. Interest earned on moneys in the
Fund shall be credited to the Fund.

    Section 85.  The Deposit of State Moneys Act  is  amended
by changing Section 7 as follows:

    (15 ILCS 520/7) (from Ch. 130, par. 26)
    Sec.  7.  (a)  Proposals  made  may either be approved or
rejected by the State Treasurer.  A bank or savings and  loan
association  whose  proposal is approved shall be eligible to
become a State depositary for the class or classes  of  funds
covered   by  its  proposal.  A  bank  or  savings  and  loan
association whose  proposal  is  rejected  shall  not  be  so
eligible. The State Treasurer shall seek to have at all times
a  total  of  not  less  than  20  banks  or savings and loan
associations which are approved  as  State  depositaries  for
time deposits.
    (b)  The State Treasurer may, in his discretion, accept a
proposal  from  an  eligible institution which provides for a
reduced rate  of  interest  provided  that  such  institution
documents   the   use   of   deposited  funds  for  community
development projects.
    (b-5)  The State Treasurer may, in his or her discretion,
accept a proposal from an eligible institution that  provides
for   a   reduced   rate  of  interest,  provided  that  such
institution agrees to expend an amount of money equal to  the
amount  of  the  reduction  for  the  preservation of Cahokia
Mounds.
    (b-10)  The  State  Treasurer  may,   in   his   or   her
discretion,  accept  a  proposal from an eligible institution
that provides for a reduced rate of interest,  provided  that
the  institution agrees to expend an amount of money equal to
the amount of the reduction for senior centers.
    (c)  The State Treasurer may, in his or  her  discretion,
accept  a proposal from an eligible institution that provides
for interest earnings on deposits of State moneys to be  held
by  the  institution  in  a  separate  account that the State
Treasurer may use to secure up to 10% of any (i)  home  loans
to  Illinois  citizens  purchasing  a  home  in  Illinois  in
situations  where  the  participating  financial  institution
would   not   offer  the  borrower  a  home  loan  under  the
institution's  prevailing  credit   standards   without   the
incentive  of a reduced rate of interest on deposits of State
moneys, (ii) existing home loans  of  Illinois  citizens  who
have  failed to make payments on a home loan as a result of a
financial hardship due to circumstances beyond the control of
the borrower where there is a reasonable  prospect  that  the
borrower  will  be able to resume full mortgage payments, and
(iii) loans in amounts that  do  not  exceed  the  amount  of
arrearage  on  a  mortgage  and that are extended to enable a
borrower to become current on his or her mortgage obligation.
    The  following  factors  shall  be  considered   by   the
participating  financial institution to determine whether the
financial hardship is due to circumstances beyond the control
of the borrower: (i) loss, reduction, or delay in the receipt
of income because of the death or disability of a person  who
contributed  to  the household income, (ii) expenses actually
incurred related to the uninsured damage or costly repairs to
the mortgaged  premises  affecting  its  habitability,  (iii)
expenses  related  to  the death or illness in the borrower's
household or of family members living outside  the  household
that  reduce  the  amount  of  household income, (iv) loss of
income or a substantial increase in  total  housing  expenses
because of divorce, abandonment, separation from a spouse, or
failure  to  support  a  spouse or child, (v) unemployment or
underemployment,  (vi)  loss,  reduction,  or  delay  in  the
receipt of federal, State, or other government benefits,  and
(vii)  participation  by  the homeowner in a recognized labor
action such as a strike.  In determining whether there  is  a
reasonable  prospect that the borrower will be able to resume
full   mortgage   payments,   the   participating   financial
institution  shall  consider  factors  including,   but   not
necessarily  limited  to  the following: (i) a favorable work
and credit  history,  (ii)  the  borrower's  ability  to  and
history  of paying the mortgage when employed, (iii) the lack
of an impediment or disability  that  prevents  reemployment,
(iv)  new  education and training opportunities, (v) non-cash
benefits that may reduce household expenses, and  (vi)  other
debts.
    For  the  purposes  of  this Section, "home loan" means a
loan, other  than  an  open-end  credit  plan  or  a  reverse
mortgage  transaction,  for which (i) the principal amount of
the loan does not exceed 50%  of  the  conforming  loan  size
limit  for  a single-family dwelling as established from time
to time by the Federal National  Mortgage  Association,  (ii)
the  borrower is a natural person, (iii) the debt is incurred
by the borrower primarily for personal, family, or  household
purposes,  and (iv) the loan is secured by a mortgage or deed
of trust on real estate upon which there is located or  there
is  to  be  located  a structure designed principally for the
occupancy of no more than 4 families and that is or  will  be
occupied   by   the  borrower  as  the  borrower's  principal
dwelling.
    (d)  If there is an agreement between the State Treasurer
and an eligible institution that details the use of deposited
funds, the agreement may  not  require  the  gift  of  money,
goods,  or services to a third party; this provision does not
restrict the eligible institution from contracting with third
parties in order to carry out the intent of the agreement  or
restrict  the  State Treasurer from placing requirements upon
third-party  contracts   entered   into   by   the   eligible
institution.
(Source:  P.A.  92-482,  eff.  8-23-01;  92-531, eff. 2-8-02;
92-625, eff. 7-11-02; revised 8-26-02.)

    Section 90.  The State Finance Act is amended  by  adding
Section 5.595 as follows:

    (30 ILCS 105/5.595 new)
    Sec.  5.595.  The Community Senior Services and Resources
Fund.

    Section 92.  The Public Funds Investment Act  is  amended
by adding Section 2.10 as follows:

    (30 ILCS 235/2.10 new)
    Sec.  2.10.  Unit of local government; deposit at reduced
rate of interest. The treasurer of a unit of local government
may, in his or her discretion, deposit public moneys of  that
unit  of local government in a financial institution pursuant
to an agreement that provides for a reduced rate of interest,
provided that the institution agrees to expend an  amount  of
money  equal  to  the  amount  of  the  reduction  for senior
centers.

    Section 95.  The Consumer Fraud  and  Deceptive  Business
Practices Act is amended by changing Section 7 as follows:

    (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
    Sec.   7.  Injunctive   relief;  restitution;  and  civil
penalties.
    (a)  Whenever the Attorney General or a State's  Attorney
has  reason to believe that any person is using, has used, or
is about to use any method, act or practice declared by  this
Act  to  be  unlawful,  and  that proceedings would be in the
public interest, he or she may bring an action in the name of
the People of the State against such person  to  restrain  by
preliminary  or  permanent injunction the use of such method,
act or practice.  The Court, in its discretion, may  exercise
all   powers   necessary,   including  but  not  limited  to:
injunction;  revocation,  forfeiture  or  suspension  of  any
license, charter, franchise, certificate or other evidence of
authority of  any  person  to  do  business  in  this  State;
appointment   of   a   receiver;   dissolution   of  domestic
corporations or association suspension or termination of  the
right  of foreign corporations or associations to do business
in this State; and restitution.
    (b)  In addition to the  remedies  provided  herein,  the
Attorney  General  or  State's  Attorney  may request and the
Court may impose a civil penalty  in  a  sum  not  to  exceed
$50,000 against any person found by the Court to have engaged
in  any  method, act or practice declared unlawful under this
Act.  In the  event  the  court  finds  the  method,  act  or
practice  to  have  been  entered  into  with  the  intent to
defraud, the court  has  the  authority  to  impose  a  civil
penalty in a sum not to exceed $50,000 per violation.
    (c)  In  addition  to any other civil penalty provided in
this Section, if a person is  found  by  the  court  to  have
engaged  in  any  method,  act, or practice declared unlawful
under this Act, and the violation  was  committed  against  a
person  65  years  of  age  or older, the court may impose an
additional civil penalty  not  to  exceed  $10,000  for  each
violation.
    A  civil  penalty imposed under this subsection (c) shall
be paid to the State Treasurer who shall deposit the money in
the State treasury in a special fund designated  the  Elderly
Victim  Fund.   The  Treasurer shall deposit such moneys into
the Fund monthly. All of the moneys deposited into  the  Fund
shall  be  appropriated to the Department on Aging for grants
to senior centers in Illinois.  Fifty percent of  all  moneys
deposited  in  the Fund shall be appropriated to the Attorney
General for  the  investigation  and  prosecution  of  frauds
against  persons  65  years  of  age  or older and 50% of all
moneys in the Fund shall  be  appropriated  to  the  Attorney
General   to   develop  and  implement  State-wide  education
initiatives to inform persons 65 years of age or  older,  law
enforcement  agencies,  the  judicial  system, social service
professionals, and the general  public  about  prevention  of
consumer crimes against persons 65 years of age or older, and
about  the  provisions  of  this  Section,  the penalties for
violations of this Section, and the  remedies  available  for
victims of those violations.
    An award of restitution under subsection (a) has priority
over  a  civil  penalty  imposed  by  the  court  under  this
subsection.
    In  determining  whether  to impose a civil penalty under
this subsection and the amount  of  any  penalty,  the  court
shall consider the following:
         (1)  Whether  the defendant's conduct was in willful
    disregard of the rights of the person 65 years of age  or
    older.
         (2)  Whether the defendant knew or should have known
    that  the defendant's conduct was directed to a person 65
    years of age or older.
         (3)  Whether the person 65 years of age or older was
    substantially more vulnerable to the defendant's  conduct
    because   of   age,   poor  health,  infirmity,  impaired
    understanding, restricted mobility, or  disability,  than
    other persons.
         (4)  Any other factors the court deems appropriate.
    (d)  This  Section applies if: (i) a court orders a party
to make payments to the Attorney General and the payments are
to be used for the operations of the Office of  the  Attorney
General  or (ii) a party agrees, in an Assurance of Voluntary
Compliance under this Act, to make payments to  the  Attorney
General  for  the  operations  of  the Office of the Attorney
General.
    (e)  Moneys paid under any of the conditions described in
subsection (d) shall be deposited into the  Attorney  General
Court Ordered and Voluntary Compliance Payment Projects Fund,
which  is  created  as  a special fund in the State Treasury.
Moneys in the Fund shall be used, subject  to  appropriation,
for  the  performance  of  any  function  pertaining  to  the
exercise  of the duties of the Attorney General including but
not limited to enforcement of  any  law  of  this  State  and
conducting  public education programs; however, any moneys in
the Fund that are required by the court or by an agreement to
be used for a particular  purpose  shall  be  used  for  that
purpose.
(Source: P.A. 90-414, eff. 1-1-98.)

    Section  99.  Effective  date. This Act takes effect upon
becoming law.