093_HB2880

 
                                     LRB093 09459 EFG 09694 b

 1        AN ACT in relation to Human Services.

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

 4        Section 5.  The Civil Administrative Code of Illinois  is
 5    amended  by  changing Sections 1-5, 5-15, and 5-20 and adding
 6    Sections 5-123 and 5-338 as follows:

 7        (20 ILCS 5/1-5)
 8        Sec. 1-5.  Articles.  The Civil  Administrative  Code  of
 9    Illinois consists of the following Articles:
10        Article   1.   General  Provisions  (20  ILCS  5/1-1  and
11    following).
12        Article 5. Departments of State Government Law  (20  ILCS
13    5/5-1 and following).
14        Article 50. State Budget Law (15 ILCS 20/).
15        Article 110. Department on Aging Law (20 ILCS 110/).
16        Article  205.  Department  of  Agriculture  Law  (20 ILCS
17    205/).
18        Article 250.  State Fair Grounds Title Law (5 ILCS 620/).
19        Article 310. Department of Human Services (Alcoholism and
20    Substance Abuse) Law (20 ILCS 310/).
21        Article 405. Department of  Central  Management  Services
22    Law (20 ILCS 405/).
23        Article  510.  Department of Children and Family Services
24    Powers Law (20 ILCS 510/).
25        Article 605. Department of Commerce and Community Affairs
26    Law (20 ILCS 605/).
27        Article   805.   Department    of    Natural    Resources
28    (Conservation) Law (20 ILCS 805/).
29        Article  1005.  Department of Employment Security Law (20
30    ILCS 1005/).
31        Article  1405.  Department  of  Insurance  Law  (20  ILCS
 
                            -2-      LRB093 09459 EFG 09694 b
 1    1405/).
 2        Article 1505. Department of Labor Law (20 ILCS 1505/).
 3        Article 1710. Department of Human Services (Mental Health
 4    and Developmental Disabilities) Law (20 ILCS 1710/).
 5        Article 1905. Department of Natural Resources (Mines  and
 6    Minerals) Law (20 ILCS 1905/).
 7        Article  2005.  Department of Nuclear Safety Law (20 ILCS
 8    2005/).
 9        Article 2105. Department of Professional  Regulation  Law
10    (20 ILCS 2105/).
11        Article  2205.  Department  of  Public  Aid  Law (20 ILCS
12    2205/).
13        Article 2310. Department  of  Public  Health  Powers  and
14    Duties Law (20 ILCS 2310/).
15        Article  2402.  Department  of Developmental, Mental, and
16    Physical Disabilities Law (20 ILCS 2402/).
17        Article 2505. Department of Revenue Law (20 ILCS 2505/).
18        Article  2510.  Certified  Audit  Program  Law  (20  ILCS
19    2510/).
20        Article 2605. Department of State  Police  Law  (20  ILCS
21    2605/).
22        Article  2705.  Department of Transportation Law (20 ILCS
23    2705/).
24        Article  3000.  University  of   Illinois   Exercise   of
25    Functions and Duties Law (110 ILCS 355/).
26    (Source:  P.A.  91-239,  eff.  1-1-00;  92-16,  eff. 6-28-01;
27    92-651, eff. 7-11-02.)

28        (20 ILCS 5/5-15) (was 20 ILCS 5/3)
29        Sec.  5-15.   Departments  of  State   government.    The
30    Departments of State government are created as follows:
31        The Department on Aging.
32        The Department of Agriculture.
33        The Department of Central Management Services.
 
                            -3-      LRB093 09459 EFG 09694 b
 1        The Department of Children and Family Services.
 2        The Department of Commerce and Community Affairs.
 3        The Department of Corrections.
 4        The  Department  of  Developmental,  Mental, and Physical
 5    Disabilities.
 6        The Department of Employment Security.
 7        The Department of Financial Institutions.
 8        The Department of Human Rights.
 9        The Department of Human Services.
10        The Department of Insurance.
11        The Department of Labor.
12        The Department of the Lottery.
13        The Department of Natural Resources.
14        The Department of Nuclear Safety.
15        The Department of Professional Regulation.
16        The Department of Public Aid.
17        The Department of Public Health and Preventive Services.
18        The Department of Revenue.
19        The Department of Social Services and Employment.
20        The Department of State Police.
21        The Department of Transportation.
22        The Department of Veterans' Affairs.
23    (Source: P.A. 91-239, eff. 1-1-00.)

24        (20 ILCS 5/5-20) (was 20 ILCS 5/4)
25        Sec. 5-20. Heads of departments.  Each  department  shall
26    have an officer as its head who shall be known as director or
27    secretary  and  who  shall,  subject to the provisions of the
28    Civil Administrative Code of Illinois, execute the powers and
29    discharge the duties vested by law in his or  her  respective
30    department.
31        The following officers are hereby created:
32        Director of Aging, for the Department on Aging.
33        Director   of   Agriculture,   for   the   Department  of
 
                            -4-      LRB093 09459 EFG 09694 b
 1    Agriculture.
 2        Director  of  Central  Management   Services,   for   the
 3    Department of Central Management Services.
 4        Director   of  Children  and  Family  Services,  for  the
 5    Department of Children and Family Services.
 6        Director of  Commerce  and  Community  Affairs,  for  the
 7    Department of Commerce and Community Affairs.
 8        Director   of   Corrections,   for   the   Department  of
 9    Corrections.
10        Director   of   Developmental,   Mental,   and   Physical
11    Disabilities, for the Department  of  Developmental,  Mental,
12    and Physical Disabilities.
13        Director  of  Employment  Security, for the Department of
14    Employment Security.
15        Director of Financial Institutions, for the Department of
16    Financial Institutions.
17        Director of Human Rights, for  the  Department  of  Human
18    Rights.
19        Secretary  of Human Services, for the Department of Human
20    Services.
21        Director of Insurance, for the Department of Insurance.
22        Director of Labor, for the Department of Labor.
23        Director of  the  Lottery,  for  the  Department  of  the
24    Lottery.
25        Director  of  Natural  Resources,  for  the Department of
26    Natural Resources.
27        Director of Nuclear Safety, for the Department of Nuclear
28    Safety.
29        Director of Professional Regulation, for  the  Department
30    of Professional Regulation.
31        Director of Public Aid, for the Department of Public Aid.
32        Director  of  Public  Health and Preventive Services, for
33    the Department of Public Health and Preventive Services.
34        Director of Revenue, for the Department of Revenue.
 
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 1        Director of  Social  Services  and  Employment,  for  the
 2    Department of Social Services and Employment.
 3        Director  of  State  Police,  for the Department of State
 4    Police.
 5        Secretary  of  Transportation,  for  the  Department   of
 6    Transportation.
 7        Director  of  Veterans'  Affairs,  for  the Department of
 8    Veterans' Affairs.
 9    (Source: P.A. 91-239, eff. 1-1-00.)

10        (20 ILCS 5/5-123 new)
11        Sec. 5-123. In the Department of  Developmental,  Mental,
12    and    Physical    Disabilities.    Assistant   Director   of
13    Developmental, Mental, and Physical Disabilities.

14        (20 ILCS 5/5-338 new)
15        Sec. 5-338. In the Department of  Developmental,  Mental,
16    and  Physical  Disabilities.   The Director of Developmental,
17    Mental, and Physical Disabilities  shall  receive  an  annual
18    salary  as set by the Governor from time to time or as set by
19    the Compensation Review Board, whichever is greater.
20        The Assistant  Director  of  Developmental,  Mental,  and
21    Physical  Disabilities  shall receive an annual salary as set
22    by  the  Governor  from  time  to  time  or  as  set  by  the
23    Compensation Review Board, whichever is greater.

24        Section 10.  The Department  of  Human  Services  Act  is
25    amended by changing Sections 1-15 and 1-20 and adding Article
26    85 as follows:

27        (20 ILCS 1305/1-15)
28        Sec. 1-15.  Department; Secretary; organization.
29        (a)  The Department of Human Services, created in Section
30    5-15  of  the  Departments  of  State Government Law (20 ILCS
 
                            -6-      LRB093 09459 EFG 09694 b
 1    5/5-15), shall begin operation on July 1, 1997.
 2        (a-5)  On July 1, 2003, the name  of  the  Department  of
 3    Human  Services  is  changed  to  the  Department  of  Social
 4    Services  and Employment.  Beginning July 1, 2003, references
 5    to the Department of Human Services or any of its  divisions,
 6    officers,  employees,  or  agents  in any document, contract,
 7    agreement, or law shall, in  appropriate  contexts  and  with
 8    respect  to  those  programs retained by the Department under
 9    Section 85-10  of  this  Act,  be  deemed  to  refer  to  the
10    Department   of   Social   Services  and  Employment  or  its
11    divisions, officers, employees, or agents.
12        (b)  The Department shall be under the direction  of  the
13    Secretary  of  Human Services and 2 Assistant Secretaries, as
14    provided in the Civil Administrative Code  of  Illinois.   On
15    July 1, 2003, the title of the Secretary of Human Services is
16    changed to the Director of Social Services and Employment.
17        (c)  The   Governor   may   appoint  up  to  7  Associate
18    Secretaries to head the major programmatic divisions  of  the
19    Department.   Associate  Secretaries  shall  be appointed for
20    2-year terms and shall be  subject  to  confirmation  by  the
21    Senate  in the same manner as the Assistant Secretaries.  The
22    compensation of Associate Secretaries shall be determined  by
23    the Secretary.
24        (d)  The    Secretary    shall   create   divisions   and
25    administrative units within the Department and  shall  assign
26    functions, powers, duties, and personnel as may now or in the
27    future  be required by federal law.  The Secretary may create
28    other divisions and administrative units and may assign other
29    functions, powers, duties, and personnel as may be  necessary
30    or  desirable to carry out the functions and responsibilities
31    vested by law in the Department.
32    (Source: P.A. 91-239, eff. 1-1-00.)

33        (20 ILCS 1305/1-20)
 
                            -7-      LRB093 09459 EFG 09694 b
 1        Sec. 1-20. General powers and duties.
 2        (a)  The Department shall exercise  the  rights,  powers,
 3    duties,  and  functions  provided  by law, including (but not
 4    limited  to)  the  rights,  powers,  duties,  and   functions
 5    transferred to the Department under Article 80 and Article 90
 6    of  this Act, but excluding those powers transferred to other
 7    departments under Article 85 of this Act.
 8        (b)  The Department may employ personnel  (in  accordance
 9    with  the  Personnel  Code), provide facilities, contract for
10    goods and services, and adopt rules as necessary to carry out
11    its functions and purposes, all in accordance with applicable
12    State and federal law.
13    (Source: P.A. 89-507, eff. 7-3-96.)

14        (20 ILCS 1305/Art. 85 heading new)
15                  ARTICLE 85.  2003 REORGANIZATION;
16                 TRANSFER AND TRANSITION PROVISIONS

17        (20 ILCS 1305/85-5 new)
18        Sec. 85-5. Purpose; application.
19        (a)  The purpose of  this  amendatory  Act  of  the  93rd
20    General  Assembly is to provide for the reorganization of the
21    Department of Human Services and the transfer of  certain  of
22    its programs to other agencies of State government.
23        (b)  This   Article  supersedes  and  controls  over  any
24    conflicting provision of any other Article of  this  Act  and
25    any conflicting provision of Public Act 89-507.

26        (20 ILCS 1305/85-10 new)
27        Sec. 85-10. Transfer of programs.
28        (a)  The  following  programs,  and  all  of  the rights,
29    powers, duties, and functions relating to those programs that
30    are vested by law in the Department of Human Services  or  in
31    any  office, council, committee, division, or bureau thereof,
 
                            -8-      LRB093 09459 EFG 09694 b
 1    are transferred  to  the  Department  of  Public  Health  and
 2    Preventive Services on July 1, 2003:
 3             (1)  Community Health;
 4             (2)  Addiction Prevention;
 5             (3)  Addiction Treatment; and
 6             (4)  Youth Services.
 7        (b)  The  following  programs,  and  all  of  the rights,
 8    powers, duties, and functions relating to those programs that
 9    are vested by law in the Department of Human Services  or  in
10    any  office, council, committee, division, or bureau thereof,
11    are transferred to the Department of  Developmental,  Mental,
12    and Physical Disabilities on July 1, 2003:
13             (1)  Disabilities and Behavioral Health;
14             (2)  Developmental Disability Community;
15             (3)  Developmental Disability State Operations;
16             (4)  Mental Health Community;
17             (5)  Mental Health State Operations;
18             (6)  Sexually Violent Persons Program;
19             (7)  Home Services;
20             (8)  Centers for Independent Living;
21             (9)  Children's Residential and Education Services;
22             (10)  Disability Determination Services;
23             (11)  Vocational Rehabilitation Services; and
24             (12)  Blind Rehabilitation Services.
25        (c)  The  following  programs,  and  all  of  the rights,
26    powers, duties, and functions relating to those programs that
27    are vested by law in the Department of Human Services  or  in
28    any  office, council, committee, division, or bureau thereof,
29    are retained by the Department of Human Services (to be known
30    as the Department of Social Services and Employment beginning
31    July 1, 2003):
32             (1)  Employment and Social Services;
33             (2)  Income Assistance;
34             (3)  Child Care Services; and
 
                            -9-      LRB093 09459 EFG 09694 b
 1             (4)  Field Operations.

 2        (20 ILCS 1305/85-15 new)
 3        Sec. 85-15. Transfer of personnel.
 4        (a)  Except as  provided  in  subsection  (d),  personnel
 5    employed by the Department of Human Services on June 30, 2003
 6    to  perform  duties pertaining to one or more of the programs
 7    transferred to the Department of Public Health and Preventive
 8    Services  under  Section  85-10  are  transferred   to   that
 9    Department on July 1, 2003.
10        (b)  Except  as  provided  in  subsection  (d), personnel
11    employed by the Department of Human Services on June 30, 2003
12    to perform duties pertaining to one or more of  the  programs
13    transferred  to  the Department of Developmental, Mental, and
14    Physical Disabilities under Section 85-10 are transferred  to
15    that Department on July 1, 2003.
16        (c)  Except  as  provided  in  subsection  (d), personnel
17    employed by the Department of Human Services on June 30, 2003
18    to perform duties pertaining to one or more of  the  programs
19    retained  by  the Department under Section 85-10 are retained
20    as employees of the Department.
21        (d)  In the case of a person employed by  the  Department
22    of  Human  Services  on  June  30,  2003  to  perform  duties
23    pertaining  to  more  than one program, if those programs are
24    transferred to or retained by more than one department  under
25    Section  85-10,  the  directors  of  the affected departments
26    shall jointly determine whether to  retain  or  transfer  the
27    employee;  the  employee  shall not be transferred until this
28    determination has been made.
29        (e)  The rights of State employees, the  State,  and  its
30    agencies  under  the Personnel Code and applicable collective
31    bargaining agreements and retirement plans are  not  affected
32    by the reorganization under this Article.
 
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 1        (20 ILCS 1305/85-20 new)
 2        Sec. 85-20. Transfer of property.
 3        (a)  Except  as  provided  in  subsection (d), all books,
 4    records, documents, property (real and personal),  unexpended
 5    appropriations,   and  pending  business  pertaining  to  the
 6    programs transferred to the Department of Public  Health  and
 7    Preventive  Services under Section 85-10 shall be transferred
 8    and delivered to that Department effective July 1, 2003.
 9        (b)  Except as provided in  subsection  (d),  all  books,
10    records,  documents, property (real and personal), unexpended
11    appropriations,  and  pending  business  pertaining  to   the
12    programs  transferred  to  the  Department  of Developmental,
13    Mental, and Physical Disabilities under Section  85-10  shall
14    be  transferred  and  delivered  to that Department effective
15    July 1, 2003.
16        (c)  Except as provided in  subsection  (d),  all  books,
17    records,  documents, property (real and personal), unexpended
18    appropriations,  and  pending  business  pertaining  to   the
19    programs  retained  by the Department of Human Services under
20    Section 85-10 shall be retained by that Department  effective
21    July 1, 2003.
22        (d)  In  the  case  of  books, records, or documents that
23    pertain to more than  one  program,  if  those  programs  are
24    transferred  to or retained by more than one department under
25    Section 85-10, the  directors  of  the  affected  departments
26    shall  jointly  determine  whether  the  books,  records,  or
27    documents  shall  be  transferred, copied, or retained; until
28    this determination has been made, the transfer shall not take
29    effect.
30        In the case of property or  an  unexpended  appropriation
31    that pertains to more than one program, if those programs are
32    transferred  to or retained by more than one department under
33    Section 85-10, the  directors  of  the  affected  departments
34    shall  jointly  determine  whether the property or unexpended
 
                            -11-     LRB093 09459 EFG 09694 b
 1    appropriation shall be  transferred,  divided,  or  retained;
 2    until  this  determination has been made (and, in the case of
 3    an unexpended appropriation, notice of the determination  has
 4    been  filed  with  the State Comptroller), the transfer shall
 5    not take effect.

 6        (20 ILCS 1305/85-25 new)
 7        Sec. 85-25.  Rules and standards.
 8        (a)  The rules and standards of the Department  of  Human
 9    Services that are in effect on June 30, 2003 and pertain to a
10    program  transferred  under  Section  85-10  shall become the
11    rules and standards of the transferee department on  July  1,
12    2003  and  shall continue in effect until amended or repealed
13    by the department.
14        (b)  Any rules pertaining to a program transferred  under
15    Section  85-10  that  have been proposed by the Department of
16    Human Services but have not  taken  effect  or  been  finally
17    adopted  by  June 30, 2003 shall become proposed rules of the
18    transferee department on July 1,  2003,  and  any  rulemaking
19    procedures that have already been completed by the Department
20    of  Human  Services  for  those  proposed  rules  need not be
21    repeated.
22        (c)  As soon as practical after July 1, 2003, each of the
23    departments  affected  by  Section  85-10  shall  revise  and
24    clarify the rules transferred or retained by  it  to  reflect
25    the   reorganization  effected  by  this  Article  using  the
26    procedures for recodification of rules  available  under  the
27    Illinois  Administrative  Procedure Act, except that existing
28    title, part, and section numbering for the affected rules may
29    be retained.  Each  of the departments may propose and  adopt
30    under  the  Illinois  Administrative  Procedure Act any other
31    rules that may be necessary to consolidate  and  clarify  the
32    rules affected by the reorganization under this Article.
 
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 1        (20 ILCS 1305/85-30 new)
 2        Sec. 85-35.  Savings provisions.
 3        (a)  The    rights,   powers,   duties,   and   functions
 4    transferred to a  successor  department  under  this  Article
 5    shall  be  vested in and exercised by that department subject
 6    to the  provisions  of  this  Article.   An  act  done  by  a
 7    successor  department  or an officer, employee, or agent of a
 8    successor department  in  the  exercise  of  the  transferred
 9    rights,  powers,  duties,  or  functions  shall have the same
10    legal effect as if done by the predecessor department  or  an
11    officer, employee, or agent of the predecessor department.
12        (b)  The   transfer   of   rights,  powers,  duties,  and
13    functions to a successor department under this  Article  does
14    not  invalidate any previous action taken by or in respect to
15    the predecessor department or  its  officers,  employees,  or
16    agents.   References  to  the  predecessor  department or its
17    officers, employees, or agents  in  any  document,  contract,
18    agreement,  or  law shall, in appropriate contexts, be deemed
19    to  refer  to  the  successor  department  or  its  officers,
20    employees, or agents.
21        (c)  The  transfer  of  rights,   powers,   duties,   and
22    functions  under  this  Article  does not affect any person's
23    rights,  obligations,  or  duties,  including  any  civil  or
24    criminal penalties applicable thereto, arising out  of  those
25    transferred rights, powers, duties, and functions.
26        (d)  With  respect  to  matters  that pertain to a right,
27    power, duty, or function transferred under this Article:
28             (1)  Beginning July 1, 2003, a report or notice that
29        was previously required to be made or given by any person
30        to a predecessor  department  or  any  of  its  officers,
31        employees,  or  agents shall be made or given in the same
32        manner to the successor  department  or  its  appropriate
33        officer, employee, or agent.
34             (2)  Beginning  July  1,  2003,  a document that was
 
                            -13-     LRB093 09459 EFG 09694 b
 1        previously required to be  furnished  or  served  by  any
 2        person  to or upon a predecessor department or any of its
 3        officers, employees, or  agents  shall  be  furnished  or
 4        served  in  the  same  manner  to  or  upon the successor
 5        department  or  its  appropriate  officer,  employee,  or
 6        agent.
 7        (e)  This Article does not affect any act done, ratified,
 8    or cancelled, any right  occurring  or  established,  or  any
 9    action  or  proceeding had or commenced in an administrative,
10    civil, or criminal cause  before  July  1,  2003.   Any  such
11    action  or  proceeding that pertains to a right, power, duty,
12    or function transferred to a successor department under  this
13    Article  and  is  pending  on  that  date  may be prosecuted,
14    defended, or continued by the successor department.

15        Section 15.  The Department of Public Health  Powers  and
16    Duties  Law  of  the Civil Administrative Code of Illinois is
17    amended by adding Section 2310-3 as follows:

18        (20 ILCS 2310/2310-3 new)
19        Sec. 2310-3. Name of Department;  additional  powers  and
20    duties.
21        (a)  On  July  1,  2003,  the  name  of the Department of
22    Public Health is changed to the Department of  Public  Health
23    and Preventive Services.
24        Beginning  July  1, 2003, references to the Department of
25    Public Health or any of its divisions,  officers,  employees,
26    or agents in any document, contract, agreement, or law shall,
27    in appropriate contexts, be deemed to refer to the Department
28    of  Public  Health  and Preventive Services or its divisions,
29    officers, employees, or agents.
30        (b)  Beginning  July  1,  2003,  the   Department   shall
31    administer the programs transferred to it under Article 85 of
32    the Department of Human Services Act.
 
                            -14-     LRB093 09459 EFG 09694 b
 1        Section 20.  The Civil Administrative Code of Illinois is
 2    amended by adding Article 2402 as follows:

 3        (20 ILCS 2402/Art. 2402 heading new)
 4                      ARTICLE 2402.  DEPARTMENT OF
 5          DEVELOPMENTAL, MENTAL, AND PHYSICAL DISABILITIES

 6        (20 ILCS 2402/2402-1 new)
 7        Sec.  2402-1.  Article short title.  This Article 2402 of
 8    the Civil Administrative Code of Illinois may be cited as the
 9    Department   of   Developmental,   Mental,    and    Physical
10    Disabilities Law.

11        (20 ILCS 2402/2402-5 new)
12        Sec. 2402-5.  Department; Director; organization.
13        (a)  The   Department   of   Developmental,  Mental,  and
14    Physical  Disabilities,  created  in  Section  5-15  of   the
15    Departments  of  State Government Law (20 ILCS 5/5-15), shall
16    begin operation on July 1, 2003.
17        (b)  The Department shall be under the direction  of  the
18    Director of Developmental, Mental, and Physical Disabilities,
19    as provided in the Civil Administrative Code of Illinois.
20        (c)  The    Director    shall    create   divisions   and
21    administrative units within the Department and  shall  assign
22    functions, powers, duties, and personnel as may now or in the
23    future  be  required by federal law.  The Director may create
24    other divisions and administrative units and may assign other
25    functions, powers, duties, and personnel as may be  necessary
26    or  desirable to carry out the functions and responsibilities
27    vested by law in the Department.

28        (20 ILCS 2402/2402-10 new)
29        Sec. 2402-10. General powers and duties.
30        (a)  The Department shall exercise  the  rights,  powers,
 
                            -15-     LRB093 09459 EFG 09694 b
 1    duties,  and  functions  provided  by law, including (but not
 2    limited  to)  the  rights,  powers,  duties,  and   functions
 3    transferred to it under Article 85 of the Department of Human
 4    Services  Act.   The Department shall administer the programs
 5    transferred to it under Section 85-10 of  the  Department  of
 6    Human Services Act.
 7        (b)  The  Department  may employ personnel (in accordance
 8    with the Personnel Code), provide  facilities,  contract  for
 9    goods and services, and adopt rules as necessary to carry out
10    its functions and purposes, all in accordance with applicable
11    State and federal law.

12        Section  99.  Effective date.  This Act takes effect July
13    1, 2003.