Public Act 093-0246
Public Act 93-0246 of the 93rd General Assembly
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.
Effective Date: 07/22/03
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