093_HB2413enr HB2413 Enrolled LRB093 06749 DRJ 10996 b 1 AN ACT in relation to aging. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Community Senior Services and Resources Act. 6 Section 5. Legislative findings. The General Assembly 7 recognizes that community senior services and resource 8 centers: 9 (1) provide one-stop convenience for seniors and 10 their families; 11 (2) assist seniors in avoiding inappropriate 12 institutionalization; and 13 (3) address the health, safety, and well-being of 14 those who receive senior services at home and those who 15 receive them in an institutional setting. 16 Section 10. Legislative intent. It is the intent of the 17 General Assembly that the Department advocate on behalf of 18 community senior services and resource centers and promote 19 their financial stability through direct grants and 20 identification of alternative funding sources. 21 Section 15. Definitions. For the purposes of this Act: 22 "Advisory Committee" means the Community Senior Services 23 and Resource Center Advisory Committee created under Section 24 35. 25 "Center" means a community senior services and resource 26 center. 27 "Department" means the Department on Aging. 28 "Director" means the Director of Aging. 29 "Senior" means an individual 60 years of age or older. HB2413 Enrolled -2- LRB093 06749 DRJ 10996 b 1 "Home or community based services" includes the 2 following: elder abuse; home-delivered meals; case 3 management; wellness and fitness programs; counseling; adult 4 day services; respite care; senior benefits outreach; 5 congregate meals; long-term care ombudsman services; job 6 training and placement; transportation; chore homemaker 7 services; caregiver support; computer literacy; and any 8 program that assists participants in avoiding inappropriate 9 institutional placement or addresses participants' health, 10 safety, or well-being, regardless of whether the service is 11 received in a participant's home or in an institutional 12 setting and a majority of participants are seniors or family 13 of seniors. 14 Section 20. Duties. The Department shall perform all of 15 the following duties: 16 (1) Administer this Act and promulgate any rules, 17 regulations, guidelines, and directives necessary for its 18 implementation. 19 (2) Establish a Community Senior Services and 20 Resource Center Advisory Committee. 21 (3) Make grants to non-profit agencies and units of 22 local government under Section 25 of this Act in 23 consultation with the Advisory Committee. 24 (4) Facilitate access to government-issued bonds 25 for the purpose of capital improvement. 26 (5) Provide technical assistance to centers. 27 (6) Develop a comprehensive list of centers and the 28 senior services they offer for publication on the 29 Department's web site and for distribution through other 30 promotional opportunities. 31 (7) Develop a survey for annual distribution 32 through the centers to gather information concerning the 33 lack or inadequacy of senior services and to identify HB2413 Enrolled -3- LRB093 06749 DRJ 10996 b 1 service demand trends and the unique needs of older 2 Illinoisans and their families. 3 (8) Conduct an annual survey of centers to assess 4 their facility, program, and operational needs. 5 (9) Report annually in conjunction with the 6 Advisory Committee to the Governor and the General 7 Assembly. The report shall include findings from all 8 surveys conducted pursuant to this Act, a list of 9 grantees by county (including amounts awarded), and 10 recommendations concerning the ongoing financial 11 stability of centers. 12 (10) Pursue alternative funding opportunities. 13 Section 25. Community senior services and resource 14 center grants. 15 (a) On and after January 1, 2005, the Department may 16 award grants under this Act. It is the General Assembly's 17 intent that grants awarded under this Act shall be made to 18 the extent of the availability and level of appropriations 19 made for this purpose by the General Assembly. 20 (b) A center must meet the following criteria to be 21 eligible to receive a grant under this Section: 22 (1) It must be a non-profit agency or a unit of 23 local government. 24 (2) It must be housed in a building or portion of a 25 building that includes space for group activities offered 26 to the community at large. 27 (3) It must be open 5 or more days each week, 7 or 28 more hours per day. 29 (4) It must employ paid staff. 30 (5) It must offer 5 or more home or community-based 31 services to the community at large on a daily basis. 32 (6) A majority of the participants in the center's 33 programs must be seniors or family members of seniors. HB2413 Enrolled -4- LRB093 06749 DRJ 10996 b 1 (c) A center must apply for a grant in the manner 2 prescribed by the Department. At a minimum, the application 3 must do the following: 4 (1) Describe the services offered by the center. 5 (2) Identify the special needs of the center and 6 how the grant will be used to alleviate identified 7 funding problems. 8 (3) Demonstrate that the center addresses the 9 service needs of seniors in the community served by the 10 center. 11 (4) Describe other potential funding sources. 12 (5) Describe additional funding opportunities, if 13 any, to be leveraged with grant funds. 14 (6) Provide proof of the center's involvement in 15 the community's greater service delivery system. 16 (7) Provide documentation that funds were requested 17 from other sources, including, but not limited to, units 18 of local government, local donors, local Area Agencies on 19 Aging, or private or religious foundations. 20 (8) Include letters of support for the awarding of 21 the grant, from sources such as local government 22 officials, community leaders, other human service 23 providers, the local Area Agency on Aging, private or 24 religious foundations, or local membership-based 25 organizations. 26 Section 30. Funding; waivers. The Director may seek and 27 obtain non-State resources for which the State may be 28 eligible and other dedicated revenue streams and may also 29 seek and obtain waivers of federal requirements from the U.S. 30 Department of Health and Human Services. 31 Section 35. Community Senior Services and Resource 32 Center Advisory Committee. HB2413 Enrolled -5- LRB093 06749 DRJ 10996 b 1 (a) The Community Senior Services and Resource Center 2 Advisory Committee shall be established by the Department. 3 The Advisory Committee shall advise the Director in all 4 aspects of the administration of this Act, including the 5 determination of grant awards. 6 (b) The Advisory Committee shall be composed of the 7 Director, who shall serve as a nonvoting ex officio member, 8 and 14 voting members. The voting members shall select a 9 chairperson from among their number. The Governor shall 10 appoint the 14 voting members as follows: 11 (1) Two members selected from recommendations 12 provided by an association representing non-profit 13 centers. 14 (2) Two members selected from recommendations 15 provided by an association representing township 16 governments. 17 (3) Two members selected from recommendations 18 provided by an association representing park districts. 19 (4) Two members selected from recommendations 20 provided by an association representing municipalities. 21 (5) Two members selected from recommendations 22 provided by statewide membership-based organizations that 23 engage solely in advocacy on behalf of the senior 24 population. 25 (6) Two members selected from individuals who are 26 active participants in programs at a center. 27 (7) Two members who are directors of Area Agencies 28 on Aging. 29 (c) All voting members shall be appointed by January 1, 30 2004. As determined by lot at the time of their appointment, 31 4 of the initial appointee's terms shall expire in one year; 32 5 in 2 years; and 5 in 3 years. Thereafter, all voting 33 members shall be appointed to serve for terms of 3 years. A 34 voting member's term does not expire until a successor is HB2413 Enrolled -6- LRB093 06749 DRJ 10996 b 1 appointed by the Governor. A voting member appointed to fill 2 a vacancy occurring before the expiration of the term for 3 which his or her predecessor was appointed shall be appointed 4 for the remainder of that term. 5 (d) The Advisory Committee shall meet on a quarterly 6 basis and at other times at the call of the chair. The 7 affirmative vote of 7 members of the Advisory Committee shall 8 be required to take action. Members of the Advisory Committee 9 shall receive no compensation for their service and shall not 10 be reimbursed for expenses related to their service. 11 (e) To the extent possible, members of the Advisory 12 Committee shall assist the Department in reviewing grant 13 applications. 14 (f) The Advisory Committee shall be provided with draft 15 copies of proposed survey instruments for their review and 16 comment before the survey is conducted. 17 (g) The Advisory Committee shall be provided with copies 18 of all administrative rules and changes to administrative 19 rules implementing this Act for their review and comment 20 before notice of the proposed rules or changes is given as 21 required under the Illinois Administrative Procedure Act. If 22 the Advisory Committee, having been asked for its review, 23 fails to comment to the Department on the proposed rules or 24 changes within 90 days, the Department may proceed as 25 required for rulemaking under the Illinois Administrative 26 Procedure Act. 27 Section 40. Community Senior Services and Resources 28 Fund. The Community Senior Services and Resources Fund is 29 created as a special fund in the State treasury. All moneys 30 received by the Department for the implementation of this Act 31 shall be deposited into the Fund. Subject to appropriation, 32 moneys in the Fund shall be used for grant awards and for the 33 administration of this Act. Interest earned on moneys in the HB2413 Enrolled -7- LRB093 06749 DRJ 10996 b 1 Fund shall be credited to the Fund. 2 Section 85. The Deposit of State Moneys Act is amended 3 by changing Section 7 as follows: 4 (15 ILCS 520/7) (from Ch. 130, par. 26) 5 Sec. 7. (a) Proposals made may either be approved or 6 rejected by the State Treasurer. A bank or savings and loan 7 association whose proposal is approved shall be eligible to 8 become a State depositary for the class or classes of funds 9 covered by its proposal. A bank or savings and loan 10 association whose proposal is rejected shall not be so 11 eligible. The State Treasurer shall seek to have at all times 12 a total of not less than 20 banks or savings and loan 13 associations which are approved as State depositaries for 14 time deposits. 15 (b) The State Treasurer may, in his discretion, accept a 16 proposal from an eligible institution which provides for a 17 reduced rate of interest provided that such institution 18 documents the use of deposited funds for community 19 development projects. 20 (b-5) The State Treasurer may, in his or her discretion, 21 accept a proposal from an eligible institution that provides 22 for a reduced rate of interest, provided that such 23 institution agrees to expend an amount of money equal to the 24 amount of the reduction for the preservation of Cahokia 25 Mounds. 26 (b-10) The State Treasurer may, in his or her 27 discretion, accept a proposal from an eligible institution 28 that provides for a reduced rate of interest, provided that 29 the institution agrees to expend an amount of money equal to 30 the amount of the reduction for senior centers. 31 (c) The State Treasurer may, in his or her discretion, 32 accept a proposal from an eligible institution that provides HB2413 Enrolled -8- LRB093 06749 DRJ 10996 b 1 for interest earnings on deposits of State moneys to be held 2 by the institution in a separate account that the State 3 Treasurer may use to secure up to 10% of any (i) home loans 4 to Illinois citizens purchasing a home in Illinois in 5 situations where the participating financial institution 6 would not offer the borrower a home loan under the 7 institution's prevailing credit standards without the 8 incentive of a reduced rate of interest on deposits of State 9 moneys, (ii) existing home loans of Illinois citizens who 10 have failed to make payments on a home loan as a result of a 11 financial hardship due to circumstances beyond the control of 12 the borrower where there is a reasonable prospect that the 13 borrower will be able to resume full mortgage payments, and 14 (iii) loans in amounts that do not exceed the amount of 15 arrearage on a mortgage and that are extended to enable a 16 borrower to become current on his or her mortgage obligation. 17 The following factors shall be considered by the 18 participating financial institution to determine whether the 19 financial hardship is due to circumstances beyond the control 20 of the borrower: (i) loss, reduction, or delay in the receipt 21 of income because of the death or disability of a person who 22 contributed to the household income, (ii) expenses actually 23 incurred related to the uninsured damage or costly repairs to 24 the mortgaged premises affecting its habitability, (iii) 25 expenses related to the death or illness in the borrower's 26 household or of family members living outside the household 27 that reduce the amount of household income, (iv) loss of 28 income or a substantial increase in total housing expenses 29 because of divorce, abandonment, separation from a spouse, or 30 failure to support a spouse or child, (v) unemployment or 31 underemployment, (vi) loss, reduction, or delay in the 32 receipt of federal, State, or other government benefits, and 33 (vii) participation by the homeowner in a recognized labor 34 action such as a strike. In determining whether there is a HB2413 Enrolled -9- LRB093 06749 DRJ 10996 b 1 reasonable prospect that the borrower will be able to resume 2 full mortgage payments, the participating financial 3 institution shall consider factors including, but not 4 necessarily limited to the following: (i) a favorable work 5 and credit history, (ii) the borrower's ability to and 6 history of paying the mortgage when employed, (iii) the lack 7 of an impediment or disability that prevents reemployment, 8 (iv) new education and training opportunities, (v) non-cash 9 benefits that may reduce household expenses, and (vi) other 10 debts. 11 For the purposes of this Section, "home loan" means a 12 loan, other than an open-end credit plan or a reverse 13 mortgage transaction, for which (i) the principal amount of 14 the loan does not exceed 50% of the conforming loan size 15 limit for a single-family dwelling as established from time 16 to time by the Federal National Mortgage Association, (ii) 17 the borrower is a natural person, (iii) the debt is incurred 18 by the borrower primarily for personal, family, or household 19 purposes, and (iv) the loan is secured by a mortgage or deed 20 of trust on real estate upon which there is located or there 21 is to be located a structure designed principally for the 22 occupancy of no more than 4 families and that is or will be 23 occupied by the borrower as the borrower's principal 24 dwelling. 25 (d) If there is an agreement between the State Treasurer 26 and an eligible institution that details the use of deposited 27 funds, the agreement may not require the gift of money, 28 goods, or services to a third party; this provision does not 29 restrict the eligible institution from contracting with third 30 parties in order to carry out the intent of the agreement or 31 restrict the State Treasurer from placing requirements upon 32 third-party contracts entered into by the eligible 33 institution. 34 (Source: P.A. 92-482, eff. 8-23-01; 92-531, eff. 2-8-02; HB2413 Enrolled -10- LRB093 06749 DRJ 10996 b 1 92-625, eff. 7-11-02; revised 8-26-02.) 2 Section 90. The State Finance Act is amended by adding 3 Section 5.595 as follows: 4 (30 ILCS 105/5.595 new) 5 Sec. 5.595. The Community Senior Services and Resources 6 Fund. 7 Section 92. The Public Funds Investment Act is amended 8 by adding Section 2.10 as follows: 9 (30 ILCS 235/2.10 new) 10 Sec. 2.10. Unit of local government; deposit at reduced 11 rate of interest. The treasurer of a unit of local government 12 may, in his or her discretion, deposit public moneys of that 13 unit of local government in a financial institution pursuant 14 to an agreement that provides for a reduced rate of interest, 15 provided that the institution agrees to expend an amount of 16 money equal to the amount of the reduction for senior 17 centers. 18 Section 95. The Consumer Fraud and Deceptive Business 19 Practices Act is amended by changing Section 7 as follows: 20 (815 ILCS 505/7) (from Ch. 121 1/2, par. 267) 21 Sec. 7. Injunctive relief; restitution; and civil 22 penalties. 23 (a) Whenever the Attorney General or a State's Attorney 24 has reason to believe that any person is using, has used, or 25 is about to use any method, act or practice declared by this 26 Act to be unlawful, and that proceedings would be in the 27 public interest, he or she may bring an action in the name of 28 the People of the State against such person to restrain by HB2413 Enrolled -11- LRB093 06749 DRJ 10996 b 1 preliminary or permanent injunction the use of such method, 2 act or practice. The Court, in its discretion, may exercise 3 all powers necessary, including but not limited to: 4 injunction; revocation, forfeiture or suspension of any 5 license, charter, franchise, certificate or other evidence of 6 authority of any person to do business in this State; 7 appointment of a receiver; dissolution of domestic 8 corporations or association suspension or termination of the 9 right of foreign corporations or associations to do business 10 in this State; and restitution. 11 (b) In addition to the remedies provided herein, the 12 Attorney General or State's Attorney may request and the 13 Court may impose a civil penalty in a sum not to exceed 14 $50,000 against any person found by the Court to have engaged 15 in any method, act or practice declared unlawful under this 16 Act. In the event the court finds the method, act or 17 practice to have been entered into with the intent to 18 defraud, the court has the authority to impose a civil 19 penalty in a sum not to exceed $50,000 per violation. 20 (c) In addition to any other civil penalty provided in 21 this Section, if a person is found by the court to have 22 engaged in any method, act, or practice declared unlawful 23 under this Act, and the violation was committed against a 24 person 65 years of age or older, the court may impose an 25 additional civil penalty not to exceed $10,000 for each 26 violation. 27 A civil penalty imposed under this subsection (c) shall 28 be paid to the State Treasurer who shall deposit the money in 29 the State treasury in a special fund designated the Elderly 30 Victim Fund. The Treasurer shall deposit such moneys into 31 the Fund monthly. All of the moneys deposited into the Fund 32 shall be appropriated to the Department on Aging for grants 33 to senior centers in Illinois.Fifty percent of all moneys34deposited in the Fund shall be appropriated to the AttorneyHB2413 Enrolled -12- LRB093 06749 DRJ 10996 b 1General for the investigation and prosecution of frauds2against persons 65 years of age or older and 50% of all3moneys in the Fund shall be appropriated to the Attorney4General to develop and implement State-wide education5initiatives to inform persons 65 years of age or older, law6enforcement agencies, the judicial system, social service7professionals, and the general public about prevention of8consumer crimes against persons 65 years of age or older, and9about the provisions of this Section, the penalties for10violations of this Section, and the remedies available for11victims of those violations.12 An award of restitution under subsection (a) has priority 13 over a civil penalty imposed by the court under this 14 subsection. 15 In determining whether to impose a civil penalty under 16 this subsection and the amount of any penalty, the court 17 shall consider the following: 18 (1) Whether the defendant's conduct was in willful 19 disregard of the rights of the person 65 years of age or 20 older. 21 (2) Whether the defendant knew or should have known 22 that the defendant's conduct was directed to a person 65 23 years of age or older. 24 (3) Whether the person 65 years of age or older was 25 substantially more vulnerable to the defendant's conduct 26 because of age, poor health, infirmity, impaired 27 understanding, restricted mobility, or disability, than 28 other persons. 29 (4) Any other factors the court deems appropriate. 30 (d) This Section applies if: (i) a court orders a party 31 to make payments to the Attorney General and the payments are 32 to be used for the operations of the Office of the Attorney 33 General or (ii) a party agrees, in an Assurance of Voluntary 34 Compliance under this Act, to make payments to the Attorney HB2413 Enrolled -13- LRB093 06749 DRJ 10996 b 1 General for the operations of the Office of the Attorney 2 General. 3 (e) Moneys paid under any of the conditions described in 4 subsection (d) shall be deposited into the Attorney General 5 Court Ordered and Voluntary Compliance Payment Projects Fund, 6 which is created as a special fund in the State Treasury. 7 Moneys in the Fund shall be used, subject to appropriation, 8 for the performance of any function pertaining to the 9 exercise of the duties of the Attorney General including but 10 not limited to enforcement of any law of this State and 11 conducting public education programs; however, any moneys in 12 the Fund that are required by the court or by an agreement to 13 be used for a particular purpose shall be used for that 14 purpose. 15 (Source: P.A. 90-414, eff. 1-1-98.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.