SB2281 93RD GENERAL ASSEMBLY

LRB093 15089 LRD 40678 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2281

Introduced 1/20/2004, by Jeffrey M. Schoenberg

SYNOPSIS AS INTRODUCED:

20 ILCS 5/1-5
20 ILCS 5/5-15	was 20 ILCS 5/3
20 ILCS 5/5-20	was 20 ILCS 5/4
20 ILCS 5/5-122 new
20 ILCS 5/5-123 new
20 ILCS 5/5-124 new
20 ILCS 5/5-337 new
20 ILCS 5/5-338 new
20 ILCS 5/5-339 new
20 ILCS 1305/1-15
20 ILCS 1305/1-20
20 ILCS 1305/Art. 85 heading new
20 ILCS 1305/85-5 new
20 ILCS 1305/85-10 new
20 ILCS 1305/85-15 new
20 ILCS 1305/85-20 new
20 ILCS 1305/85-25 new
20 ILCS 1305/85-30 new
20 ILCS 2402/Art. 2402 heading new
20 ILCS 2402/2402-1 new
20 ILCS 2402/2402-5 new
20 ILCS 2402/2402-10 new
20 ILCS 2404/Art. 2404 heading new
20 ILCS 2404/2404-1 new
20 ILCS 2404/2404-5 new
20 ILCS 2404/2404-10 new
20 ILCS 2404/2404-15 new

Amends the Civil Administrative Code of Illinois and the Department of Human Services Act. Creates the Department of Community Disability Health Care and the Department of State Facilities for Developmental Disabilities and Mental Health. Renames the Department of Human Services as the Department of Social Services and Welfare. Transfers certain programs from the Department of Human Services to the Department of Community Disability Health Care and certain other programs to the Department of State Facilities for Developmental Disabilities and Mental Health. Effective July 1, 2005.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to Human Services.

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

Section 5. The Civil Administrative Code of Illinois is amended by changing Sections 1-5, 5-15, and 5-20 and adding Sections 5-122, 5-123, 5-124, 5-337, 5-338, and 5-339 as follows:

(20 ILCS 5/1-5)

Sec. 1-5. Articles. The Civil Administrative Code of Illinois consists of the following Articles:

Article 1. General Provisions (20 ILCS 5/1-1 and following).

Article 5. Departments of State Government Law (20 ILCS 5/5-1 and following).

Article 50. State Budget Law (15 ILCS 20/).

Article 110. Department on Aging Law (20 ILCS 110/).

Article 205. Department of Agriculture Law (20 ILCS 205/).

Article 250. State Fair Grounds Title Law (5 ILCS 620/).

Article 310. Department of Human Services (Alcoholism and Substance Abuse) Law (20 ILCS 310/).

Article 405. Department of Central Management Services Law (20 ILCS 405/).

Article 510. Department of Children and Family Services Powers Law (20 ILCS 510/).

Article 605. Department of Commerce and Economic Opportunity Law (20 ILCS 605/).

Article 805. Department of Natural Resources (Conservation) Law (20 ILCS 805/).

Article 1005. Department of Employment Security Law (20 ILCS 1005/).

Article 1405. Department of Insurance Law (20 ILCS 1405/).

Article 1505. Department of Labor Law (20 ILCS 1505/).

Article 1710. Department of Human Services (Mental Health and Developmental Disabilities) Law (20 ILCS 1710/).

Article 1905. Department of Natural Resources (Mines and Minerals) Law (20 ILCS 1905/).

Article 2005. Department of Nuclear Safety Law (20 ILCS 2005/).

Article 2105. Department of Professional Regulation Law (20 ILCS 2105/).

Article 2205. Department of Public Aid Law (20 ILCS 2205/).

Article 2310. Department of Public Health Powers and Duties Law (20 ILCS 2310/).

Article 2402. Department of Community Disability Health Care Law (20 ILCS 2402/).

Article 2404. Department of State Facilities for Developmental Disabilities and Mental Health Law (20 ILCS 2404/).

Article 2505. Department of Revenue Law (20 ILCS 2505/).

Article 2510. Certified Audit Program Law (20 ILCS 2510/).

Article 2605. Department of State Police Law (20 ILCS 2605/).

Article 2705. Department of Transportation Law (20 ILCS 2705/).

Article 3000. University of Illinois Exercise of Functions and Duties Law (110 ILCS 355/).

(Source: P.A. 92-16, eff. 6-28-01; 92-651, eff. 7-11-02; 93-25, eff. 6-20-03.)

(20 ILCS 5/5-15) (was 20 ILCS 5/3)

Sec. 5-15. Departments of State government. The Departments of State government are created as follows:

The Department on Aging.

The Department of Agriculture.

The Department of Central Management Services.

The Department of Children and Family Services.

The Department of Commerce and Economic Opportunity.

The Department of Corrections.

The Department of Community Disability Health Care.

The Department of Employment Security.

The Department of Financial Institutions.

The Department of Human Rights.

The Department of Human Services.

The Department of Insurance.

The Department of Labor.

The Department of the Lottery.

The Department of Natural Resources.

The Department of Nuclear Safety.

The Department of Professional Regulation.

The Department of Public Aid.

The Department of Public Health.

The Department of Revenue.

The Department of Social Services and Welfare.

The Department of State Facilities for Developmental Disabilities and Mental Health.

The Department of State Police.

The Department of Transportation.

The Department of Veterans' Affairs.

(Source: P.A. 93-25, eff. 6-20-03.)

(20 ILCS 5/5-20) (was 20 ILCS 5/4)

Sec. 5-20. Heads of departments. Each department shall have an officer as its head who shall be known as director or secretary and who shall, subject to the provisions of the Civil Administrative Code of Illinois, execute the powers and discharge the duties vested by law in his or her respective department.

The following officers are hereby created:

Director of Aging, for the Department on Aging.

Director of Agriculture, for the Department of Agriculture.

Director of Central Management Services, for the Department of Central Management Services.

Director of Children and Family Services, for the Department of Children and Family Services.

Director of Commerce and Economic Opportunity, for the Department of Commerce and Economic Opportunity.

Director of Corrections, for the Department of Corrections.

Director of Community Disability Health Care, for the Department of Community Disability Health Care.

Director of Employment Security, for the Department of Employment Security.

Director of Financial Institutions, for the Department of Financial Institutions.

Director of Human Rights, for the Department of Human Rights.

Secretary of Human Services, for the Department of Human Services.

Director of Insurance, for the Department of Insurance.

Director of Labor, for the Department of Labor.

Director of the Lottery, for the Department of the Lottery.

Director of Natural Resources, for the Department of Natural Resources.

Director of Nuclear Safety, for the Department of Nuclear Safety.

Director of Professional Regulation, for the Department of Professional Regulation.

Director of Public Aid, for the Department of Public Aid.

Director of Public Health, for the Department of Public Health.

Director of Revenue, for the Department of Revenue.

Director of Social Services and Welfare, for the Department of Social Services and Welfare.

Director of State Facilities for Developmental Disabilities and Mental Health, for the Department of State Facilities for Developmental Disabilities and Mental Health.

Director of State Police, for the Department of State Police.

Secretary of Transportation, for the Department of Transportation.

Director of Veterans' Affairs, for the Department of Veterans' Affairs.

(Source: P.A. 93-25, eff. 6-20-03.)

(20 ILCS 5/5-122 new)

Sec. 5-122. In the Department of Community Disability Health Care. Assistant Director of Community Disability Health Care.

(20 ILCS 5/5-123 new)

Sec. 5-123. In the Department of Social Services and Welfare. Assistant Director of Social Services and Welfare.

(20 ILCS 5/5-124 new)

Sec. 5-124. In the Department of State Facilities for Developmental Disabilities and Mental Health. Assistant Director of State Facilities for Developmental Disabilities and Mental Health.

(20 ILCS 5/5-337 new)

Sec. 5-337. In the Department of Community Disability Health Care. The Director of Community Disability Health Care shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater.

The Assistant Director of Community Disability Health Care shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater.

(20 ILCS 5/5-338 new)

Sec. 5-338. In the Department of Social Services and Welfare. The Director of Social Services and Welfare shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater.

The Assistant Director of Social Services and Welfare shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater.

(20 ILCS 5/5-339 new)

Sec. 5-339. In the Department of State Facilities for Developmental Disabilities and Mental Health. The Director of State Facilities for Developmental Disabilities and Mental Health shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater.

The Assistant Director of State Facilities for Developmental Disabilities and Mental Health shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater.

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

(20 ILCS 1305/1-15)

Sec. 1-15. Department; Secretary; organization.

(a) The Department of Human Services, created in Section 5-15 of the Departments of State Government Law (20 ILCS 5/5-15), shall begin operation on July 1, 1997.

(a-5) On July 1, 2005, the name of the Department of Human Services is changed to the Department of Social Services and Welfare. Beginning July 1, 2005, references to the Department of Human Services or any of its divisions, officers, employees, or agents in any document, contract, agreement, or law shall, in appropriate contexts and with respect to those programs retained by the Department under Section 85-10 of this Act, be deemed to refer to the Department of Social Services and Welfare or its divisions, officers, employees, or agents.

(b) The Department shall be under the direction of the Secretary of Human Services and 2 Assistant Secretaries, as provided in the Civil Administrative Code of Illinois. On July 1, 2005, the title of the Secretary of Human Services is changed to the Director of Social Services and Welfare.

(c) The Governor may appoint up to 7 Associate Secretaries to head the major programmatic divisions of the Department. Associate Directors Secretaries shall be appointed for 2-year terms and shall be subject to confirmation by the Senate in the same manner as the Assistant Directors Secretaries. The compensation of Associate Directors Secretaries shall be determined by the Director Secretary.

(d) The Director Secretary shall create divisions and administrative units within the Department and shall assign functions, powers, duties, and personnel as may now or in the future be required by federal law. The Director Secretary may create other divisions and administrative units and may assign other functions, powers, duties, and personnel as may be necessary or desirable to carry out the functions and responsibilities vested by law in the Department.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 1305/1-20)

Sec. 1-20. General powers and duties.

(a) The Department shall exercise the rights, powers, duties, and functions provided by law, including (but not limited to) the rights, powers, duties, and functions transferred to the Department under Article 80 and Article 90 of this Act, but excluding those powers transferred to other departments under Article 85 of this Act.

(b) The Department may employ personnel (in accordance with the Personnel Code), provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.

(Source: P.A. 89-507, eff. 7-3-96.)

(20 ILCS 1305/Art. 85 heading new)

ARTICLE 85.

2005 REORGANIZATION; TRANSFER AND TRANSITION PROVISIONS

(20 ILCS 1305/85-5 new)

Sec. 85-5. Purpose; application.

(a) The purpose of this amendatory Act of the 93rd General Assembly is to provide for the reorganization of the Department of Human Services and the transfer of certain of its programs to other agencies of State government.

(b) This Article supersedes and controls over any conflicting provision of any other Article of this Act and any conflicting provision of Public Act 89-507.

(20 ILCS 1305/85-10 new)

Sec. 85-10. Transfer of programs.

(a) The following programs, and all of the rights, powers, duties, and functions relating to those programs that are vested by law in the Department of Human Services or in any office, council, committee, division, or bureau thereof, are transferred to the Department of Community Disability Health Care on July 1, 2005:

(1) Disabilities and Behavioral Health;

(2) Developmental Disability Community;

(3) Mental Health Community;

(4) Sexually Violent Persons Program;

(5) Home Services;

(6) Centers for Independent Living;

(7) Children's Residential and Education Services;

(8) Disability Determination Services;

(9) Vocational Rehabilitation Services;

(10) Blind Rehabilitation Services;

(11) Community Health;

(12) Addiction Prevention;

(13) Addiction Treatment; and

(14) Youth Services.

(b) The following programs, and all of the rights, powers, duties, and functions relating to those programs that are vested by law in the Department of Human Services or in any office, council, committee, division, or bureau thereof, are transferred to the Department of State Facilities for Developmental Disabilities and Mental Health on July 1, 2005:

(1) Developmental Disability State Operations; and

(2) Mental Health State Operations.

(c) The following programs, and all of the rights, powers, duties, and functions relating to those programs that are vested by law in the Department of Human Services or in any office, council, committee, division, or bureau thereof, are retained by the Department of Human Services (to be known as the Department of Social Services and Welfare beginning July 1, 2005):

(1) Employment and Social Services;

(2) Income Assistance;

(3) Child Care Services; and

(4) Field Operations.

(20 ILCS 1305/85-15 new)

Sec. 85-15. Transfer of personnel.

(a) Except as provided in subsection (d), personnel employed by the Department of Human Services on June 30, 2005 to perform duties pertaining to one or more of the programs transferred to the Department of Community Disability Health Care under Section 85-10 are transferred to that Department on July 1, 2005.

(b) Except as provided in subsection (d), personnel employed by the Department of Human Services on June 30, 2005 to perform duties pertaining to one or more of the programs transferred to the Department of State Facilities for Developmental Disabilities and Mental Health under Section 85-10 are transferred to that Department on July 1, 2005.

(c) Except as provided in subsection (d), personnel employed by the Department of Human Services on June 30, 2005 to perform duties pertaining to one or more of the programs retained by the Department under Section 85-10 are retained as employees of the Department.

(d) In the case of a person employed by the Department of Human Services on June 30, 2005 to perform duties pertaining to more than one program, if those programs are transferred to or retained by more than one department under Section 85-10, the directors of the affected departments shall jointly determine whether to retain or transfer the employee; the employee shall not be transferred until this determination has been made.

(e) The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans are not affected by the reorganization under this Article.

(20 ILCS 1305/85-20 new)

Sec. 85-20. Transfer of property.

(a) Except as provided in subsection (d), all books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the programs transferred to the Department of Community Disability Health Care under Section 85-10 shall be transferred and delivered to that Department effective July 1, 2005.

(b) Except as provided in subsection (d), all books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the programs transferred to the Department of State Facilities for Developmental Disabilities and Mental Health under Section 85-10 shall be transferred and delivered to that Department effective July 1, 2005.

(c) Except as provided in subsection (d), all books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the programs retained by the Department of Human Services under Section 85-10 shall be retained by that Department effective July 1, 2005.

(d) In the case of books, records, or documents that pertain to more than one program, if those programs are transferred to or retained by more than one department under Section 85-10, the directors of the affected departments shall jointly determine whether the books, records, or documents shall be transferred, copied, or retained; until this determination has been made, the transfer shall not take effect.

In the case of property or an unexpended appropriation that pertains to more than one program, if those programs are transferred to or retained by more than one department under Section 85-10, the directors of the affected departments shall jointly determine whether the property or unexpended appropriation shall be transferred, divided, or retained; until this determination has been made (and, in the case of an unexpended appropriation, notice of the determination has been filed with the State Comptroller), the transfer shall not take effect.

(20 ILCS 1305/85-25 new)

Sec. 85-25. Rules and standards.

(a) The rules and standards of the Department of Human Services that are in effect on June 30, 2005 and pertain to a program transferred under Section 85-10 shall become the rules and standards of the transferee department on July 1, 2005 and shall continue in effect until amended or repealed by the department.

(b) Any rules pertaining to a program transferred under Section 85-10 that have been proposed by the Department of Human Services but have not taken effect or been finally adopted by June 30, 2005 shall become proposed rules of the transferee department on July 1, 2005, and any rulemaking procedures that have already been completed by the Department of Human Services for those proposed rules need not be repeated.

(c) As soon as practical after July 1, 2005, each of the departments affected by Section 85-10 shall revise and clarify the rules transferred or retained by it to reflect the reorganization effected by this Article using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. Each of the departments may propose and adopt under the Illinois Administrative Procedure Act any other rules that may be necessary to consolidate and clarify the rules affected by the reorganization under this Article.

(20 ILCS 1305/85-30 new)

Sec. 85-30. Savings provisions.

(a) The rights, powers, duties, and functions transferred to a successor department under this Article shall be vested in and exercised by that department subject to the provisions of this Article. An act done by a successor department or an officer, employee, or agent of a successor department in the exercise of the transferred rights, powers, duties, or functions shall have the same legal effect as if done by the predecessor department or an officer, employee, or agent of the predecessor department.

(b) The transfer of rights, powers, duties, and functions to a successor department under this Article does not invalidate any previous action taken by or in respect to the predecessor department or its officers, employees, or agents. References to the predecessor department or its officers, employees, or agents in any document, contract, agreement, or law shall, in appropriate contexts, be deemed to refer to the successor department or its officers, employees, or agents.

(c) The transfer of rights, powers, duties, and functions under this Article does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions.

(d) With respect to matters that pertain to a right, power, duty, or function transferred under this Article:

(1) Beginning July 1, 2005, a report or notice that was previously required to be made or given by any person to a predecessor department or any of its officers, employees, or agents shall be made or given in the same manner to the successor department or its appropriate officer, employee, or agent.

(2) Beginning July 1, 2005, a document that was previously required to be furnished or served by any person to or upon a predecessor department or any of its officers, employees, or agents shall be furnished or served in the same manner to or upon the successor department or its appropriate officer, employee, or agent.

(e) This Article does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before July 1, 2005. Any such action or proceeding that pertains to a right, power, duty, or function transferred to a successor department under this Article and is pending on that date may be prosecuted, defended, or continued by the successor department.

Section 15. The Civil Administrative Code of Illinois is amended by adding Article 2402 as follows:

(20 ILCS 2402/Art. 2402 heading new)

ARTICLE 2402. DEPARTMENT OF COMMUNITY DISABILITY HEALTH CARE

(20 ILCS 2402/2402-1 new)

Sec. 2402-1. Article short title. This Article 2402 of the Civil Administrative Code of Illinois may be cited as the Department of Community Disability Health Care Law.

(20 ILCS 2402/2402-5 new)

Sec. 2402-5. Department; Director; organization.

(a) The Department of Community Disability Health Care, created in Section 5-15 of the Departments of State Government Law (20 ILCS 5/5-15), shall begin operation on July 1, 2005.

(b) The Department shall be under the direction of the Director of Community Disability Health Care, as provided in the Civil Administrative Code of Illinois.

(c) The Director shall create divisions and administrative units within the Department and shall assign functions, powers, duties, and personnel as may now or in the future be required by federal law. The Director may create other divisions and administrative units and may assign other functions, powers, duties, and personnel as may be necessary or desirable to carry out the functions and responsibilities vested by law in the Department.

(20 ILCS 2402/2402-10 new)

Sec. 2402-10. General powers and duties.

(a) The Department shall exercise the rights, powers, duties, and functions provided by law, including (but not limited to) the rights, powers, duties, and functions transferred to it under Article 85 of the Department of Human Services Act. The Department shall administer the programs transferred to it under Section 85-10 of the Department of Human Services Act.

(b) The Department may employ personnel (in accordance with the Personnel Code), provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.

Section 20. The Civil Administrative Code of Illinois is amended by adding Article 2404 as follows:

(20 ILCS 2404/Art. 2404 heading new)

ARTICLE 2404.

DEPARTMENT OF STATE FACILITIES FOR DEVELOPMENTAL

DISABILITIES AND MENTAL HEALTH

(20 ILCS 2404/2404-1 new)

Sec. 2404-1. Article short title. This Article 2404 of the Civil Administrative Code of Illinois may be cited as the Department of State Facilities for Developmental Disabilities and Mental Health Law.

(20 ILCS 2404/2404-5 new)

Sec. 2404-5. Department; Director; organization.

(a) The Department of State Facilities for Developmental Disabilities and Mental Health, created in Section 5-15 of the Departments of State Government Law (20 ILCS 5/5-15), shall begin operation on July 1, 2005.

(b) The Department shall be under the direction of the Director of State Facilities for Developmental Disabilities and Mental Health, as provided in the Civil Administrative Code of Illinois.

(c) The Director shall create divisions and administrative units within the Department and shall assign functions, powers, duties, and personnel as may now or in the future be required by federal law. The Director may create other divisions and administrative units and may assign other functions, powers, duties, and personnel as may be necessary or desirable to carry out the functions and responsibilities vested by law in the Department.

(20 ILCS 2404/2404-10 new)

Sec. 2404-10. General powers and duties.

(a) The Department shall exercise the rights, powers, duties, and functions provided by law, including (but not limited to) the rights, powers, duties, and functions transferred to it under Article 85 of the Department of Human Services Act. The Department shall administer the programs transferred to it under Section 85-10 of the Department of Human Services Act.

(b) The Department may employ personnel (in accordance with the Personnel Code), provide facilities, contract for goods and services, and adopt rules as necessary to carry out its functions and purposes, all in accordance with applicable State and federal law.

(20 ILCS 2404/2404-15 new)

Sec. 2404-15. Repealer. This Article 2404 of the Civil Administrative Code of Illinois is repealed on July 1, 2010.

Section 99. Effective date. This Act takes effect July 1, 2005