Public Act 096-1406
 
SB3780 EnrolledLRB096 20612 DRJ 36320 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    (20 ILCS 1305/10-9 rep.)
    (20 ILCS 1305/10-10 rep.)
    (20 ILCS 1305/10-12 rep.)
    Section 5. The Department of Human Services Act is amended
by repealing Sections 10-9, 10-10, and 10-12.
 
    Section 10. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Sections 2310-642 and 2310-643 as follows:
 
    (20 ILCS 2310/2310-642 new)
    Sec. 2310-642. Diabetes; transfer of functions from
Department of Human Services.
    (a) Diabetes Research Checkoff Fund; grants. The Diabetes
Research Checkoff Fund is a special fund in the State treasury.
On and after July 1, 2010, from appropriations to the
Department from that Fund, the Department shall make grants to
recognized public or private entities in Illinois for the
purpose of funding research concerning the disease of diabetes.
At least 50% of the grants made from the Fund by the Department
shall be made to entities that conduct research for juvenile
diabetes. For purposes of this subsection, the term "research"
includes, without limitation, expenditures to develop and
advance the understanding, techniques, and modalities
effective in the detection, prevention, screening, management,
and treatment of diabetes and may include clinical trials in
Illinois. Moneys received for the purposes of this subsection,
including, without limitation, income tax checkoff receipts
and gifts, grants, and awards from any public or private person
or entity, shall be deposited into the Fund. Any interest
earned on moneys in the Fund must be deposited into the Fund.
    (b) Diabetes information. On and after July 1, 2010, the
Department shall include within its public health promotion
programs and materials information to be directed toward
population groups in Illinois that are considered at high risk
of developing diabetes, asthma, and pulmonary disorders, such
as Hispanics, people of African descent, the elderly, obese
individuals, persons with high blood sugar content, and persons
with a family history of diabetes. The information shall inform
members of such high risk groups about the causes and
prevention of diabetes, asthma, and pulmonary disorders, the
types of treatment for these diseases, and how treatment may be
obtained. By February 15, 2011, and each February 15
thereafter, the Department shall file a report with the General
Assembly concerning its activities and accomplishments under
this subsection during the previous calendar year.
    (c) Transfer of functions from Department of Human
Services.
        (1) Transfer. On the effective date of this amendatory
    Act of the 96th General Assembly, all functions performed
    by the Department of Human Services in connection with
    Sections 10-9 and 10-10 of the Department of Human Services
    Act (now repealed, and replaced by subsections (a) and (b),
    respectively, of this Section), together with all of the
    powers, duties, rights, and responsibilities of the
    Department of Human Services relating to those functions,
    are transferred from the Department of Human Services to
    the Department of Public Health.
        The Department of Human Services and the Department of
    Public Health shall cooperate to ensure that the transfer
    of functions is completed as soon as practical.
        (2) Effect of transfer. Neither the functions
    transferred under this subsection, nor any powers, duties,
    rights, and responsibilities relating to those functions,
    are affected by this amendatory Act of the 96th General
    Assembly, except that all such functions, powers, duties,
    rights, and responsibilities shall be performed or
    exercised by the Department of Public Health on and after
    the effective date of this amendatory Act of the 96th
    General Assembly.
        (3) The staff of the Department of Human Services
    engaged in the performance of the functions transferred
    under this subsection may be transferred to the Department
    of Public Health. The status and rights of those employees
    under the Personnel Code shall not be affected by the
    transfers. The rights of the employees, the State of
    Illinois, and its agencies under the Personnel Code and
    applicable collective bargaining agreements, or under any
    pension, retirement, or annuity plan, shall not be affected
    by this amendatory Act of the 96th General Assembly.
        (4) Books and records transferred. All books, records,
    papers, documents, contracts, and pending business
    pertaining to the functions transferred under this
    subsection, including but not limited to material in
    electronic or magnetic format, shall be transferred to the
    Department of Public Health. The transfer of that
    information shall not, however, violate any applicable
    confidentiality constraints.
        (5) Unexpended moneys transferred. All unexpended
    appropriation balances and other funds otherwise available
    to the Department of Human Services for use in connection
    with the functions transferred under this subsection shall
    be transferred and made available to the Department of
    Public Health for use in connection with the functions
    transferred under this subsection. Unexpended balances so
    transferred shall be expended only for the purpose for
    which the appropriations were originally made.
        (6) Exercise of transferred powers; savings
    provisions. The powers, duties, rights, and
    responsibilities relating to the functions transferred
    under this subsection are vested in and shall be exercised
    by the Department of Public Health. Each act done in
    exercise of those powers, duties, rights, and
    responsibilities shall have the same legal effect as if
    done by the Department of Human Services or its divisions,
    officers, or employees.
        (7) Persons subject to penalties. Every officer,
    employee, or agent of the Department of Public Health
    shall, for any offense, be subject to the same penalty or
    penalties, civil or criminal, as are prescribed by existing
    laws for the same offense by any officer, employee, or
    agent whose powers or duties were transferred under this
    subsection.
        (8) Reports or notices. Whenever reports or notices are
    now required to be made or given or papers or documents
    furnished or served by any person to or upon the Department
    of Human Services in connection with any of the functions
    transferred under this subsection, the same shall be made,
    given, furnished, or served in the same manner to or upon
    the Department of Public Health.
        (9) This subsection shall not affect any act done,
    ratified, or canceled, or any right occurring or
    established, or any action or proceeding had or commenced
    in an administrative, civil, or criminal case, regarding
    the functions of the Department of Human Services before
    this amendatory Act of the 96th General Assembly takes
    effect; such actions may be prosecuted, defended, or
    continued by the Department of Public Health.
        (10) Rules. Any rules of the Department of Human
    Services that relate to the functions transferred under
    this subsection that are in full force on the effective
    date of this amendatory Act of the 96th General Assembly,
    and that have been duly adopted by the Department of Human
    Services, shall become the rules of the Department of
    Public Health. This subsection shall not affect the
    legality of any such rules in the Illinois Administrative
    Code. Any proposed rules filed with the Secretary of State
    by the Department of Human Services that are pending in the
    rulemaking process on the effective date of this amendatory
    Act of the 96th General Assembly, and that pertain to the
    functions transferred, shall be deemed to have been filed
    by the Department of Public Health. As soon as practicable
    after the effective date of this amendatory Act of the 96th
    General Assembly, the Department of Public Health shall
    revise and clarify the rules transferred to it under this
    subsection to reflect the reorganization of powers,
    duties, rights, and responsibilities affected by this
    subsection, 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.
        The Department of Public Health, consistent with the
    Department of Human Services' authority to do so, may
    propose and adopt, under the Illinois Administrative
    Procedure Act, such other rules of the Department of Human
    Services that will now be administered by the Department of
    Public Health.
        To the extent that, prior to the effective date of the
    transfer of functions under this subsection, the Secretary
    of Human Services had been empowered to prescribe
    regulations or had other authority with respect to the
    transferred functions, such duties shall be exercised from
    and after the effective date of the transfer by the
    Director of Public Health.
        (11) Successor Agency Act. For the purposes of the
    Successor Agency Act, the Department of Public Health is
    declared to be the successor agency of the Department of
    Human Services, but only with respect to the functions that
    are transferred to the Department of Public Health under
    this subsection.
        (12) Statutory references. Whenever a provision of law
    refers to the Department of Human Services in connection
    with its performance of a function that is transferred to
    the Department of Public Health under this subsection, that
    provision shall be deemed to refer to the Department of
    Public Health on and after the effective date of this
    amendatory Act of the 96th General Assembly.
 
    (20 ILCS 2310/2310-643 new)
    Sec. 2310-643. Illinois State Diabetes Commission.
    (a) Commission established. The Illinois State Diabetes
Commission is established within the Department of Public
Health. The Commission shall consist of members that are
residents of this State and shall include an Executive
Committee appointed by the Director. The members of the
Commission shall be appointed by the Director as follows:
        (1) The Director or the Director's designee, who shall
    serve as chairperson of the Commission.
        (2) Physicians who are board certified in
    endocrinology, with at least one physician with expertise
    and experience in the treatment of childhood diabetes and
    at least one physician with expertise and experience in the
    treatment of adult onset diabetes.
        (3) Health care professionals with expertise and
    experience in the prevention, treatment, and control of
    diabetes.
        (4) Representatives of organizations or groups that
    advocate on behalf of persons suffering from diabetes.
        (5) Representatives of voluntary health organizations
    or advocacy groups with an interest in the prevention,
    treatment, and control of diabetes.
        (6) Members of the public who have been diagnosed with
    diabetes.
    The Director may appoint additional members deemed
necessary and appropriate by the Director.
    Members of the Commission shall be appointed by June 1,
2010. A member shall continue to serve until his or her
successor is duly appointed and qualified.
    (b) Meetings. Meetings shall be held 3 times per year or at
the call of the Commission chairperson.
    (c) Reimbursement. Members shall serve without
compensation but shall, subject to appropriation, be
reimbursed for reasonable and necessary expenses actually
incurred in the performance of the member's official duties.
    (d) Department support. The Department shall provide
administrative support and current staff as necessary for the
effective operation of the Commission.
    (e) Duties. The Commission shall perform all of the
following duties:
        (1) Hold public hearings to gather information from the
    general public on issues pertaining to the prevention,
    treatment, and control of diabetes.
        (2) Develop a strategy for the prevention, treatment,
    and control of diabetes in this State.
        (3) Examine the needs of adults, children, racial and
    ethnic minorities, and medically underserved populations
    who have diabetes.
        (4) Prepare and make available an annual report on the
    activities of the Commission to the Director, the Speaker
    of the House of Representatives, the Minority Leader of the
    House of Representatives, the President of the Senate, the
    Minority Leader of the Senate, and the Governor by June 30
    of each year, beginning on June 30, 2011.
    (f) Funding. The Department may accept on behalf of the
Commission any federal funds or gifts and donations from
individuals, private organizations, and foundations and any
other funds that may become available.
    (g) Rules. The Director may adopt rules to implement and
administer this Section.
 
    Section 15. The Commission to Study Disproportionate
Justice Impact Act is amended by changing Section 20 as
follows:
 
    (20 ILCS 4085/20)
    Sec. 20. Meetings; report. The Commission shall hold one
or more public hearings, at which public testimony shall be
heard. The Commission shall report its findings and
recommendations to the General Assembly on or before December
31, 2010 2009, after which the Commission shall dissolve.
(Source: P.A. 95-995, eff. 6-1-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.