SB0005 99TH GENERAL ASSEMBLY

LRB099 04203 JWD 24225 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0005

Introduced 1/15/2015, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

20 ILCS 105/4.01	from Ch. 23, par. 6104.01
20 ILCS 605/605-807
20 ILCS 630/2	from Ch. 48, par. 2402
20 ILCS 630/3	from Ch. 48, par. 2403
20 ILCS 630/5	from Ch. 48, par. 2405
20 ILCS 1005/1005-155
20 ILCS 1005/1005-170 new
20 ILCS 1005/1005-175 new
20 ILCS 1005/1005-180 new
20 ILCS 3975/7.2
20 ILCS 4010/2008 new
305 ILCS 5/9A-3	from Ch. 23, par. 9A-3

Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois. Provides that, beginning on the effective date of this amendatory Act, the Senior Community Service Employment Program, the federal Illinois Trade Adjustment Assistance Program, the federal Workforce Investment Act of 1998, the federal Workforce Investment Opportunity Act, the Everyone Works Initiative, and the Developmental Disability Placement Group are transferred to the Department of Employment Security. Amends the Illinois Act on Aging, the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, the Illinois Emergency Employment Development Act, the Illinois Workforce Investment Board Act, the Illinois Council on Developmental Disabilities Law, and the Illinois Public Aid Code to make conforming changes.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Illinois Act on the Aging is amended by changing Section 4.01 as follows:

(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)

Sec. 4.01. Additional powers and duties of the Department. In addition to powers and duties otherwise provided by law, the Department shall have the following powers and duties:

(1) To evaluate all programs, services, and facilities for the aged and for minority senior citizens within the State and determine the extent to which present public or private programs, services and facilities meet the needs of the aged.

(2) To coordinate and evaluate all programs, services, and facilities for the Aging and for minority senior citizens presently furnished by State agencies and make appropriate recommendations regarding such services, programs and facilities to the Governor and/or the General Assembly.

(2-a) To request, receive, and share information electronically through the use of data-sharing agreements for the purpose of (i) establishing and verifying the initial and continuing eligibility of older adults to participate in programs administered by the Department; (ii) maximizing federal financial participation in State assistance expenditures; and (iii) investigating allegations of fraud or other abuse of publicly funded benefits. Notwithstanding any other law to the contrary, but only for the limited purposes identified in the preceding sentence, this paragraph (2-a) expressly authorizes the exchanges of income, identification, and other pertinent eligibility information by and among the Department and the Social Security Administration, the Department of Employment Security, the Department of Healthcare and Family Services, the Department of Human Services, the Department of Revenue, the Secretary of State, the U.S. Department of Veterans Affairs, and any other governmental entity. The confidentiality of information otherwise shall be maintained as required by law. In addition, the Department on Aging shall verify employment information at the request of a community care provider for the purpose of ensuring program integrity under the Community Care Program.

(3) To function as the sole State agency to develop a comprehensive plan to meet the needs of the State's senior citizens and the State's minority senior citizens.

(4) To receive and disburse State and federal funds made available directly to the Department including those funds made available under the Older Americans Act and the Senior Community Service Employment Program for providing services for senior citizens and minority senior citizens or for purposes related thereto, and shall develop and administer any State Plan for the Aging required by federal law.

(5) To solicit, accept, hold, and administer in behalf of the State any grants or legacies of money, securities, or property to the State of Illinois for services to senior citizens and minority senior citizens or purposes related thereto.

(6) To provide consultation and assistance to communities, area agencies on aging, and groups developing local services for senior citizens and minority senior citizens.

(7) To promote community education regarding the problems of senior citizens and minority senior citizens through institutes, publications, radio, television and the local press.

(8) To cooperate with agencies of the federal government in studies and conferences designed to examine the needs of senior citizens and minority senior citizens and to prepare programs and facilities to meet those needs.

(9) To establish and maintain information and referral sources throughout the State when not provided by other agencies.

(10) To provide the staff support that may reasonably be required by the Council.

(11) To make and enforce rules and regulations necessary and proper to the performance of its duties.

(12) To establish and fund programs or projects or experimental facilities that are specially designed as alternatives to institutional care.

(13) To develop a training program to train the counselors presently employed by the Department's aging network to provide Medicare beneficiaries with counseling and advocacy in Medicare, private health insurance, and related health care coverage plans. The Department shall report to the General Assembly on the implementation of the training program on or before December 1, 1986.

(14) To make a grant to an institution of higher learning to study the feasibility of establishing and implementing an affirmative action employment plan for the recruitment, hiring, training and retraining of persons 60 or more years old for jobs for which their employment would not be precluded by law.

(15) To present one award annually in each of the categories of community service, education, the performance and graphic arts, and the labor force to outstanding Illinois senior citizens and minority senior citizens in recognition of their individual contributions to either community service, education, the performance and graphic arts, or the labor force. The awards shall be presented to 4 senior citizens and minority senior citizens selected from a list of 44 nominees compiled annually by the Department. Nominations shall be solicited from senior citizens' service providers, area agencies on aging, senior citizens' centers, and senior citizens' organizations. The Department shall establish a central location within the State to be designated as the Senior Illinoisans Hall of Fame for the public display of all the annual awards, or replicas thereof.

(16) To establish multipurpose senior centers through area agencies on aging and to fund those new and existing multipurpose senior centers through area agencies on aging, the establishment and funding to begin in such areas of the State as the Department shall designate by rule and as specifically appropriated funds become available.

(17) To develop the content and format of the acknowledgment regarding non-recourse reverse mortgage loans under Section 6.1 of the Illinois Banking Act; to provide independent consumer information on reverse mortgages and alternatives; and to refer consumers to independent counseling services with expertise in reverse mortgages.

(18) To develop a pamphlet in English and Spanish which may be used by physicians licensed to practice medicine in all of its branches pursuant to the Medical Practice Act of 1987, pharmacists licensed pursuant to the Pharmacy Practice Act, and Illinois residents 65 years of age or older for the purpose of assisting physicians, pharmacists, and patients in monitoring prescriptions provided by various physicians and to aid persons 65 years of age or older in complying with directions for proper use of pharmaceutical prescriptions. The pamphlet may provide space for recording information including but not limited to the following:

(a) name and telephone number of the patient;

(b) name and telephone number of the prescribing physician;

(c) date of prescription;

(d) name of drug prescribed;

(e) directions for patient compliance; and

(f) name and telephone number of dispensing pharmacy.

In developing the pamphlet, the Department shall consult with the Illinois State Medical Society, the Center for Minority Health Services, the Illinois Pharmacists Association and senior citizens organizations. The Department shall distribute the pamphlets to physicians, pharmacists and persons 65 years of age or older or various senior citizen organizations throughout the State.

(19) To conduct a study of the feasibility of implementing the Senior Companion Program throughout the State.

(20) The reimbursement rates paid through the community care program for chore housekeeping services and home care aides shall be the same.

(21) From funds appropriated to the Department from the Meals on Wheels Fund, a special fund in the State treasury that is hereby created, and in accordance with State and federal guidelines and the intrastate funding formula, to make grants to area agencies on aging, designated by the Department, for the sole purpose of delivering meals to homebound persons 60 years of age and older.

(22) To distribute, through its area agencies on aging, information alerting seniors on safety issues regarding emergency weather conditions, including extreme heat and cold, flooding, tornadoes, electrical storms, and other severe storm weather. The information shall include all necessary instructions for safety and all emergency telephone numbers of organizations that will provide additional information and assistance.

(23) To develop guidelines for the organization and implementation of Volunteer Services Credit Programs to be administered by Area Agencies on Aging or community based senior service organizations. The Department shall hold public hearings on the proposed guidelines for public comment, suggestion, and determination of public interest. The guidelines shall be based on the findings of other states and of community organizations in Illinois that are currently operating volunteer services credit programs or demonstration volunteer services credit programs. The Department shall offer guidelines for all aspects of the programs including, but not limited to, the following:

(a) types of services to be offered by volunteers;

(b) types of services to be received upon the redemption of service credits;

(c) issues of liability for the volunteers and the administering organizations;

(d) methods of tracking service credits earned and service credits redeemed;

(e) issues of time limits for redemption of service credits;

(f) methods of recruitment of volunteers;

(g) utilization of community volunteers, community service groups, and other resources for delivering services to be received by service credit program clients;

(h) accountability and assurance that services will be available to individuals who have earned service credits; and

(i) volunteer screening and qualifications.

The Department shall submit a written copy of the guidelines to the General Assembly by July 1, 1998.

(24) To function as the sole State agency to receive and disburse State and federal funds for providing adult protective services in a domestic living situation in accordance with the Adult Protective Services Act.

(25) To hold conferences, trainings, and other programs for which the Department shall determine by rule a reasonable fee to cover related administrative costs. Rules to implement the fee authority granted by this paragraph (25) must be adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380, eff. 8-16-13; 98-756, eff. 7-16-14.)

Section 10. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by changing Section 605-807 as follows:

(20 ILCS 605/605-807)

Sec. 605-807. Federal Workforce Training Fund.

(a) The Federal Workforce Training Fund is created as a special fund in the State treasury. The Department of Employment Security may accept gifts, grants, awards, matching contributions, interest income, appropriations, and cost sharings from individuals, businesses, governments, and other third party sources, on terms that the Director of the Department of Employment Security deems advisable. Moneys received under this Section may be expended for purposes consistent with the conditions under which those moneys are received, subject to appropriations made by the General Assembly for those purposes.

(b) Beginning on the effective date of this amendatory Act of the 93rd General Assembly, all moneys received by the State pursuant to the federal Workforce Investment Act or Section 403(a)(5) of the federal Social Security Act shall be deposited into the Federal Workforce Training Fund, to be used for purposes consistent with the conditions under which those moneys are received by the State, except that any moneys received pursuant to the federal Workforce Investment Act and necessary to pay liabilities incurred in connection with that Act and outstanding as of June 30, 2003, or any moneys received pursuant to Section 403(a)(5) of the federal Social Security Act and necessary to pay liabilities incurred in connection with that Act and outstanding as of June 30, 2003, shall be deposited into the Title III Social Security and Employment Fund.

On September 1, 2003, or as soon thereafter as may be reasonably practical, the State Comptroller shall transfer all unobligated moneys received by the State pursuant to the federal Workforce Investment Act or Section 403(a)(5) of the federal Social Security Act from the Title III Social Security and Employment Fund to the Federal Workforce Training Fund. The moneys transferred pursuant to this Amendatory Act of the 93rd General Assembly may be used or expended for purposes consistent with the conditions under which those moneys were received by the State.

(c) Beginning on the effective date of this amendatory Act of the 93rd General Assembly, all moneys received by the State pursuant to the federal Illinois Trade Adjustment Assistance Program shall be deposited into the Federal Workforce Training Fund, to be used for purposes consistent with the conditions under which those moneys are received by the State, except that any moneys received pursuant to the federal Illinois Trade Adjustment Assistance Program and necessary to pay liabilities incurred in connection with that program and outstanding as of June 30, 2003, shall be deposited into the Title III Social Security and Employment Fund.

On July 1, 2003 or as soon thereafter as may be reasonably practical, the State Comptroller shall make one or more transfers of all moneys received by the State pursuant to the federal Illinois Trade Adjustment Assistance Program in excess of those necessary to pay liabilities in connection with that program and outstanding as of June 30, 2003 from the Title III Social Security and Employment Fund to the Federal Workforce Training Fund. The moneys transferred pursuant to this amendatory Act of the 93rd General Assembly may be used or expended for purposes consistent with the conditions under which those moneys were received by the State.

(d) Beginning on the effective date of this amendatory Act of the 99th General Assembly, the provisions of this Section shall be administered by the Department of Employment Security.

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

Section 15. The Illinois Emergency Employment Development Act is amended by changing Sections 2, 3, and 5 as follows:

(20 ILCS 630/2) (from Ch. 48, par. 2402)

Sec. 2. For the purposes of this Act, the following words have the meanings ascribed to them in this Section.

(a) "Advisory Committee" means the 21st Century Workforce Development Fund Advisory Committee, established under the 21st Century Workforce Development Fund Act.

(b) "Coordinator" means the Illinois Emergency Employment Development Coordinator appointed under Section 3.

(c) "Department" means the Illinois Department of Employment Security Commerce and Economic Opportunity.

(d) "Director" means the Director of Employment Security Commerce and Economic Opportunity.

(e) "Eligible business" means a for-profit business.

(f) "Eligible employer" means an eligible nonprofit agency, or an eligible business.

(g) "Eligible job applicant" means a person who (1) has been a resident of this State for at least one year; and (2) is unemployed; and (3) is not receiving and is not qualified to receive unemployment compensation or workers' compensation; and (4) is determined by the employment administrator to be likely to be available for employment by an eligible employer for the duration of the job.

(h) "Eligible nonprofit agency" means an organization exempt from taxation under the Internal Revenue Code of 1954, Section 501(c)(3).

(i) "Employment administrator" means the administrative entity designated by the Coordinator, and approved by the Advisory Committee, to administer the provisions of this Act in each service delivery area. With approval of the Advisory Committee, the Coordinator may designate an administrative entity authorized under the Workforce Investment Act or private, public, or non-profit entities that have proven effectiveness in providing training, workforce development, and job placement services to low-income individuals.

(j) "Fringe benefits" means all non-salary costs for each person employed under the program, including, but not limited to, workers compensation, unemployment insurance, and health benefits, as would be provided to non-subsidized employees performing similar work.

(k) "Household" means a group of persons living at the same residence consisting of, at a maximum, spouses and the minor children of each.

(l) "Program" means the Illinois Emergency Employment Development Program created by this Act consisting of new job creation in the private sector.

(m) "Service delivery area" means an area designated as a Local Workforce Investment Area by the State.

(n) "Workforce Investment Act" means the federal Workforce Investment Act of 1998, any amendments to that Act, and any other applicable federal statutes.

(Source: P.A. 97-581, eff. 8-26-11.)

(20 ILCS 630/3) (from Ch. 48, par. 2403)

Sec. 3. Illinois Emergency Employment Development Coordinator.

(a) The governor shall appoint an Illinois Emergency Employment Development Coordinator to administer the provisions of this Act. The coordinator shall be within the Department of Employment Security Commerce and Economic Opportunity, but shall be responsible directly to the governor. The coordinator shall have the powers necessary to carry out the purpose of the program.

(b) The coordinator shall:

(1) recommend one or more Employment Administrators for each service delivery area for approval by the Advisory Committee, with recommendations based on the demonstrated ability of the Employment Administrator to identify and address local needs;

(2) enter into a contract with one or more Employment Administrators in each service delivery area;

(3) assist the Employment Administrator in developing a satisfactory plan if an Employment Administrator submits one that does not conform to program requirements;

(4) convene and provide staff support to the Advisory Committee;

(5) coordinate the program with other State agencies and services including public benefits and workforce programs for unemployed individuals; and

(6) perform general program marketing and monitoring functions.

(c) The coordinator shall administer the program within the Department of Employment Security Commerce and Economic Opportunity. The Director of Employment Security Commerce and Economic Opportunity shall provide administrative support services to the coordinator for the purposes of the program.

(d) The coordinator shall report to the Governor, the Advisory Committee, and the General Assembly on a quarterly basis concerning (1) the number of persons employed under the program; (2) the number and type of employers under the program; (3) the amount of money spent in each service delivery area for wages for each type of employment and each type of other expenses; (4) the number of persons who have completed participation in the program and their current employment, educational or training status; (5) any information requested by the General Assembly, the Advisory Committee, or governor or deemed pertinent by the coordinator; and (6) any identified violations of this Act and actions taken. Each report shall include cumulative information, as well as information for each quarter.

(e) Rules. The Director of Employment Security Commerce and Economic Opportunity, with the advice of the coordinator and the Advisory Committee, shall adopt rules for the administration and enforcement of this Act.

(Source: P.A. 96-995, eff. 1-1-11; 97-581, eff. 8-26-11.)

(20 ILCS 630/5) (from Ch. 48, par. 2405)

Sec. 5. (a) Allocation of funds among eligible job applicants within a service delivery area shall be determined by the Private Industry Council for each such service delivery area. The Private Industry Council shall give priority to

(1) applicants living in households with no other income source; and

(2) applicants who would otherwise be eligible to receive general assistance.

(b) Allocation of funds among eligible employers within each service delivery area shall be determined by the Private Industry Council for each such area according to the priorities which the Director of Employment Security Commerce and Economic Opportunity, upon recommendation of the coordinator, shall by rule establish. The Private Industry Council shall give priority to funding private sector jobs to the extent that businesses apply for funds.

(Source: P.A. 94-793, eff. 5-19-06.)

Section 20. The Department of Employment Security Law of the Civil Administrative Code of Illinois is amended by changing Section 1005-155 and by adding Sections 1005-170, 1005-175, and 1005-180 as follows:

(20 ILCS 1005/1005-155)

Sec. 1005-155. Illinois Employment and Training Centers report. The Department of Employment Security, or the State agency responsible for the oversight of the federal Workforce Investment Act of 1998 if that agency is not the Department of Employment Security, shall prepare a report for the Governor and the General Assembly regarding the progress of the Illinois Employment and Training Centers in serving individuals with disabilities. The report must include, but is not limited to, the following: (i) the number of individuals referred to the Illinois Employment and Training Centers by the Department of Human Services Office of Rehabilitation Services; (ii) the total number of disabled individuals served by the Illinois Employment and Training Centers; (iii) the number of disabled individuals served in federal Workforce Investment Act of 1998 employment and training programs; (iv) the number of individuals with disabilities annually placed in jobs by the Illinois Employment and Training Centers; and (v) the number of individuals with disabilities referred by the Illinois Employment and Training Centers to the Department of Human Services Office of Rehabilitation Services. The report is due by December 31, 2004 based on the previous State program year of July 1 through June 30, and is due annually thereafter. "Individuals with disabilities" are defined as those who self-report as being qualified as disabled under the 1973 Rehabilitation Act or the 1990 Americans with Disabilities Act, for the purposes of this Law.

Beginning on the effective date of this amendatory Act of the 99th General Assembly, the Department of Employment Security shall be the State agency responsible for the oversight of the federal Workforce Investment Act of 1998, and its successor the federal Workforce Investment Opportunity Act.

(Source: P.A. 93-639, eff. 6-1-04.)

(20 ILCS 1005/1005-170 new)

Sec. 1005-170. Transfer of programs; Department of Commerce and Economic Opportunity.

(a) Beginning on the effective date of this amendatory Act of the 99th General Assembly, all rights and responsibilities under the following programs and Acts are transferred to and administered by the Department of Employment Security: the Senior Community Service Employment Program; the federal Illinois Trade Adjustment Assistance Program; and the federal Workforce Investment Act of 1998, together with its successor, the federal Workforce Investment Opportunity Act.

(b) The personnel of the Department of Commerce and Economic Opportunity administering the programs listed in subsection (a) of this Section shall be transferred to the Department of Employment Security at the discretion of the Director of Employment Security. The status and rights of such employees under the Personnel Code shall not be affected by the transfer. The rights of the employees and 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. To the extent that an employee performs duties for the programs listed in subsection (a) of this Section within the Department of Commerce and Economic Opportunity or any other State agency, that employee shall be transferred at the discretion of the Director of Employment Security.

(c) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this amendatory Act from the Department of Commerce and Economic Opportunity or any other State agency, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Department of Employment Security.

(d) All unexpended appropriations and balances and other funds available for use by the Department of Commerce and Economic Opportunity or any other State agency for the programs listed in subsection (a) of this Section shall be transferred for use by the Department of Employment Security at the direction of the Governor. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.

(e) The powers, duties, rights, and responsibilities transferred from the Department of Commerce and Economic Opportunity or any other State agency by this amendatory Act shall be vested in and shall be exercised by the Department of Employment Security.

(f) 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 Commerce and Economic Opportunity or any other State agency in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act, the same shall be made, given, furnished, or served in the same manner to or upon the Department of Employment Security.

(g) This amendatory Act does 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 cause by the Department of Commerce and Economic Opportunity or any other State agency before this amendatory Act takes effect; such actions or proceedings may be prosecuted and continued by the Department of Employment Security.

(h) Any rules of the Department of Commerce and Economic Opportunity or any other State agency that relate to the powers, duties, rights, and responsibilities transferred by this amendatory Act and that are in full force on the effective date of this amendatory Act shall become the rules of the Department of Employment Security. This amendatory Act does 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 Commerce and Economic Opportunity or any other State agency that are pending in the rulemaking process on the effective date of this amendatory Act and pertain to the powers, duties, rights, and responsibilities transferred, shall be deemed to have been filed by the Department of Employment Security. As soon as practicable hereafter, the Department of Employment Security shall revise and clarify the rules transferred to it under this amendatory Act to reflect the reorganization of powers, duties, rights, and responsibilities affected by this amendatory Act, 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 Employment Security may propose and adopt under the Illinois Administrative Procedure Act such other rules of the Department of Commerce and Economic Opportunity or any other State agency that will now be administered by the Department of Employment Security.

(i) Beginning on the effective date of this amendatory Act of the 99th General Assembly, all references to the Department of Commerce and Economic Opportunity regarding the programs and Acta listed in subsection (a) of this Section shall be construed as references to the Department of Employment Security.

(20 ILCS 1005/1005-175 new)

Sec. 1005-175. Transfer of programs; Council on Developmental Disabilities.

(a) Beginning on the effective date of this amendatory Act of the 99th General Assembly, the Everyone Works Initiative and Developmental Disability Placement Group of the Council on Developmental Disabilities are transferred to and administered by the Department of Employment Security.

(b) The personnel of the Council on Developmental Disabilities administering the programs listed in subsection (a) of this Section shall be transferred to the Department of Employment Security at the discretion of the Director of Employment Security. The status and rights of such employees under the Personnel Code shall not be affected by the transfer. The rights of the employees and 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. To the extent that an employee performs duties for the programs listed in subsection (a) of this Section within the Council on Developmental Disabilities, that employee shall be transferred at the discretion of the Director of Employment Security.

(c) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this amendatory Act from the Council on Developmental Disabilities, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Department of Employment Security.

(d) All unexpended appropriations and balances and other funds available for use by the Council on Developmental Disabilities for the programs listed in subsection (a) of this Section shall be transferred for use by the Department of Employment Security at the direction of the Governor. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.

(e) The powers, duties, rights, and responsibilities transferred from the Council on Developmental Disabilities by this amendatory Act shall be vested in and shall be exercised by the Department of Employment Security.

(f) 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 Council on Developmental Disabilities in connection with any of the powers, duties, rights, and responsibilities transferred by this amendatory Act, the same shall be made, given, furnished, or served in the same manner to or upon the Department of Employment Security.

(g) This amendatory Act does 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 cause by the Council on Developmental Disabilities before this amendatory Act takes effect; such actions or proceedings may be prosecuted and continued by the Department of Employment Security.

(h) Any rules of the Council on Developmental Disabilities that relate to the powers, duties, rights, and responsibilities transferred by this amendatory Act and that are in full force on the effective date of this amendatory Act shall become the rules of the Department of Employment Security. This amendatory Act does not affect the legality of any such rules in the Illinois Administrative Code.

Any proposed rules filed with the Secretary of State by the Council on Developmental Disabilities that are pending in the rulemaking process on the effective date of this amendatory Act and pertain to the powers, duties, rights, and responsibilities transferred, shall be deemed to have been filed by the Department of Employment Security. As soon as practicable hereafter, the Department of Employment Security shall revise and clarify the rules transferred to it under this amendatory Act to reflect the reorganization of powers, duties, rights, and responsibilities affected by this amendatory Act, 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 Employment Security may propose and adopt under the Illinois Administrative Procedure Act such other rules of the Council on Developmental Disabilities that will now be administered by the Department of Employment Security.

(20 ILCS 1005/1005-180 new)

Sec. 1005-180. Senior Community Service Employment Program. The Department shall receive and disburse State and federal funds made available under the Senior Community Service Employment Program for providing services for senior citizens.

Section 25. The Illinois Workforce Investment Board Act is amended by changing Section 7.2 as follows:

(20 ILCS 3975/7.2)

Sec. 7.2. Posting requirements; Department of Employment Security's Commerce and Economic Opportunity's website. On and after the effective date of this amendatory Act of the 97th General Assembly, the Illinois Workforce Investment Board must annually submit to the Employment Security Department of Commerce and Economic Opportunity the following information to be posted on the Department's official Internet website:

(1) All agendas and meeting minutes for meetings of the Illinois Workforce Investment Board.

(2) All line-item budgets for the local workforce investment areas located within the State.

(3) A listing of all contracts and contract values for all workforce development training and service providers.

The information required under this Section must be posted on the Department of Employment Security's Commerce and Economic Opportunity's Internet website no later than 30 days after the Department receives the information from the Illinois Workforce Investment Board.

(Source: P.A. 97-356, eff. 1-1-12.)

Section 30. The Illinois Council on Developmental Disabilities Law is amended by adding Section 2008 as follows:

(20 ILCS 4010/2008 new)

Sec. 2008. Transfer of programs. Beginning on the effective date of this amendatory Act of the 99th General Assembly, the Council's Everyone Works Initiative and Developmental Disability Placement Group shall be transferred to and administered by the Department of Employment Security under Section 1005-175 of the Department of Employment Security Law of the Civil Administrative Code of Illinois.

Section 35. The Illinois Public Aid Code is amended by changing Section 9A-3 as follows:

(305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)

Sec. 9A-3. Establishment of Program and Level of Services.

(a) The Illinois Department shall establish and maintain a program to provide recipients with services consistent with the purposes and provisions of this Article. The program offered in different counties of the State may vary depending on the resources available to the State to provide a program under this Article, and no program may be offered in some counties, depending on the resources available. Services may be provided directly by the Illinois Department or through contract. References to the Illinois Department or staff of the Illinois Department shall include contractors when the Illinois Department has entered into contracts for these purposes. The Illinois Department shall provide each recipient who participates with such services available under the program as are necessary to achieve his employability plan as specified in the plan.

(b) The Illinois Department, in operating the program, shall cooperate with public and private education and vocational training or retraining agencies or facilities, the Illinois State Board of Education, the Illinois Community College Board, the Department Departments of Employment Security and Commerce and Economic Opportunity or other sponsoring organizations funded under the federal Workforce Investment Act and other public or licensed private employment agencies.

(Source: P.A. 93-598, eff. 8-26-03; 94-793, eff. 5-19-06.)