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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Department of Human Services Consolidation Act. | ||||||||||||||||||||||||
6 | Section 5. Functions transferred. | ||||||||||||||||||||||||
7 | (a) All of the functions of the Department of Public | ||||||||||||||||||||||||
8 | Health, and all of the powers, duties, rights, and | ||||||||||||||||||||||||
9 | responsibilities, including funding mechanisms, associated | ||||||||||||||||||||||||
10 | with or related to those functions and vested by law in the | ||||||||||||||||||||||||
11 | Department of Public Health or in any office, division, | ||||||||||||||||||||||||
12 | council, committee, bureau, board, commission, officer, | ||||||||||||||||||||||||
13 | employee, or other individual or entity associated with the | ||||||||||||||||||||||||
14 | Department of Public Health, are transferred to the Department | ||||||||||||||||||||||||
15 | of Human Services. | ||||||||||||||||||||||||
16 | (b) The functions, powers, duties, rights, and | ||||||||||||||||||||||||
17 | responsibilities transferred to the Department of Human | ||||||||||||||||||||||||
18 | Services under this Act are not affected by this Act, except | ||||||||||||||||||||||||
19 | that they shall be carried out by the Department of Human | ||||||||||||||||||||||||
20 | Services on and after the effective date of this Act.
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21 | (c) The Department of Public Health is abolished. | ||||||||||||||||||||||||
22 | Section 10. Representation on boards or other entities. |
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1 | When any provision of an Executive Order or Act provides for | ||||||
2 | the membership of the Director of Public Health on any council, | ||||||
3 | commission, board, or other entity, the Secretary of Human | ||||||
4 | Services, or the Secretary's designee, shall serve in that | ||||||
5 | place. If more than one such person is required by law to serve | ||||||
6 | on any council, commission, board, or other entity, then an | ||||||
7 | equivalent number of representatives of the Department of Human | ||||||
8 | Services shall so serve. | ||||||
9 | Section 15. Staff transferred. The staff of the Department | ||||||
10 | of Public Health shall be transferred to the Department of | ||||||
11 | Human Services. The status and rights of those employees, and | ||||||
12 | the rights of the State of Illinois and its agencies, under the | ||||||
13 | Personnel Code and applicable collective bargaining agreements | ||||||
14 | or under any pension, retirement, or annuity plan are not | ||||||
15 | affected by that transfer or by any other provision of this | ||||||
16 | Act. | ||||||
17 | Section 20. Books and records transferred. All books, | ||||||
18 | records, papers, documents, property (real and personal), | ||||||
19 | contracts, and pending business pertaining to the powers, | ||||||
20 | duties, rights, and responsibilities transferred under this | ||||||
21 | Act from the Department of Public Health to the Department of | ||||||
22 | Human Services, including but not limited to material in | ||||||
23 | electronic or magnetic format and necessary computer hardware | ||||||
24 | and software, shall be delivered to the Department of Human |
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1 | Services. | ||||||
2 | Section 25. Unexpended moneys transferred. All unexpended | ||||||
3 | appropriations and balances and other moneys available for use | ||||||
4 | in connection with any of the functions transferred to the | ||||||
5 | Department of Human Services under this Act shall be | ||||||
6 | transferred for use by that Department for the exercise of | ||||||
7 | those functions pursuant to the direction of the Governor. | ||||||
8 | Unexpended balances so transferred shall be expended only for | ||||||
9 | the purpose for which the appropriations were originally made. | ||||||
10 | Section 30. Exercise of transferred powers; savings | ||||||
11 | provisions. The powers, duties, rights, and responsibilities | ||||||
12 | related to the functions transferred to the Department of Human | ||||||
13 | Services under this Act are vested in and shall be exercised by | ||||||
14 | that Department. Each act done in the exercise of those powers, | ||||||
15 | duties, rights, and responsibilities shall have the same legal | ||||||
16 | effect as if done by the Department of Public Health or the | ||||||
17 | divisions, officers, or employees of that Department. | ||||||
18 | Section 35. Officers, employees, and agents; penalties. | ||||||
19 | Every officer, employee, or agent of the Department of Human | ||||||
20 | Services is, for any offense, subject to the same penalty or | ||||||
21 | penalties, civil or criminal, as are prescribed by existing law | ||||||
22 | for the same offense by any officer, employee, or agent whose | ||||||
23 | powers, duties, rights, or responsibilities are transferred |
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1 | under this Act. | ||||||
2 | Section 40. Reports, notices, or papers. Whenever reports | ||||||
3 | or notices are required to be made or given or papers or | ||||||
4 | documents furnished or served by any person to or upon the | ||||||
5 | Department of Public Health in connection with any function | ||||||
6 | transferred under this Act, the same shall be made, given, | ||||||
7 | furnished, or served in the same manner to or upon the | ||||||
8 | Department of Human Services. | ||||||
9 | Section 45. Acts and actions unaffected by transfer. This | ||||||
10 | Act does not affect any act done, ratified, or canceled, or any | ||||||
11 | right occurring or established, before the effective date of | ||||||
12 | this Act in connection with any function transferred under this | ||||||
13 | Act. This Act does not affect any action or proceeding had or | ||||||
14 | commenced before the effective date of this Act in an | ||||||
15 | administrative, civil, or criminal cause regarding the | ||||||
16 | Department of Public Health, but any such action or proceeding | ||||||
17 | may be prosecuted, defended, or continued by the Department of | ||||||
18 | Human Services. | ||||||
19 | Section 50. Rules. | ||||||
20 | (a) Any rule of the Department of Public Health that (i) | ||||||
21 | relates to the functions transferred under this Act, (ii) was | ||||||
22 | in full force on the effective date of this Act, and (iii) was | ||||||
23 | duly adopted by the Department of Public Health shall become |
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1 | the rule of the Department of Human Services. This Act does not | ||||||
2 | affect the legality of any such rules contained in the Illinois | ||||||
3 | Administrative Code. | ||||||
4 | (b) Any proposed rule filed with the Secretary of State by | ||||||
5 | the Department of Public Health that was pending in the | ||||||
6 | rulemaking process on the effective date of this Act and that | ||||||
7 | pertains to the functions transferred under this Act shall be | ||||||
8 | deemed to have been filed by the Department of Human Services. | ||||||
9 | (c) As soon as practicable after the effective date of this | ||||||
10 | Act, the Department of Human Services shall revise and clarify | ||||||
11 | the rules transferred to it under this Section to reflect the | ||||||
12 | reorganization of powers, duties, rights, and responsibilities | ||||||
13 | effected by this Act, using the procedures for recodification | ||||||
14 | of rules available under the Illinois Administrative Procedure | ||||||
15 | Act, except that existing title, part, and section numbering | ||||||
16 | for the affected rules may be retained.
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17 | Section 99. Effective date. This Act takes effect July 1, | ||||||
18 | 2007.
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