SB0633enr 93rd General Assembly

093_SB0633enr

 
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 1        AN ACT in relation to aging.

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


 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Community Senior Services and Resources Act.

 6        Section  5.  Legislative  findings.  The General Assembly
 7    recognizes  that  community  senior  services  and   resource
 8    centers:
 9             (1)  provide  one-stop  convenience  for seniors and
10        their families;
11             (2)  assist  seniors   in   avoiding   inappropriate
12        institutionalization; and
13             (3)  address  the  health, safety, and well-being of
14        those who receive senior services at home and  those  who
15        receive them in an institutional setting.

16        Section  10.  Legislative intent. It is the intent of the
17    General Assembly that the Department advocate  on  behalf  of
18    community  senior  services  and resource centers and promote
19    their  financial  stability   through   direct   grants   and
20    identification of alternative funding sources.

21        Section 15.  Definitions. For the purposes of this Act:
22        "Advisory  Committee" means the Community Senior Services
23    and Resource Center Advisory Committee created under  Section
24    35.
25        "Center"  means  a community senior services and resource
26    center.
27        "Department" means the Department on Aging.
28        "Director" means the Director of Aging.
 
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 1        "Senior" means an individual 60 years of age or older.
 2        "Home  or  community   based   services"   includes   the
 3    following:    elder   abuse;   home-delivered   meals;   case
 4    management; wellness and fitness programs; counseling;  adult
 5    day   services;   respite  care;  senior  benefits  outreach;
 6    congregate meals;  long-term  care  ombudsman  services;  job
 7    training   and  placement;  transportation;  chore  homemaker
 8    services;  caregiver  support;  computer  literacy;  and  any
 9    program that assists participants in  avoiding  inappropriate
10    institutional  placement  or  addresses participants' health,
11    safety,  or well-being, regardless of whether the service  is
12    received  in  a  participant's  home  or  in an institutional
13    setting and a majority of participants are seniors or  family
14    of seniors.

15        Section  20.  Duties. The Department shall perform all of
16    the following duties:
17             (1)  Administer this Act and promulgate  any  rules,
18        regulations, guidelines, and directives necessary for its
19        implementation.
20             (2)  Establish   a  Community  Senior  Services  and
21        Resource Center Advisory Committee.
22             (3)  Make grants to non-profit agencies and units of
23        local  government  under  Section  25  of  this  Act   in
24        consultation with the Advisory Committee.
25             (4)  Facilitate  access  to  government-issued bonds
26        for the purpose of capital improvement.
27             (5)  Provide technical assistance to centers.
28             (6)  Develop a comprehensive list of centers and the
29        senior  services  they  offer  for  publication  on   the
30        Department's  web site and for distribution through other
31        promotional opportunities.
32             (7)  Develop  a  survey  for   annual   distribution
33        through  the centers to gather information concerning the
 
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 1        lack or inadequacy of senior  services  and  to  identify
 2        service  demand  trends  and  the  unique  needs of older
 3        Illinoisans and their families.
 4             (8)  Conduct an annual survey of centers  to  assess
 5        their facility, program, and operational needs.
 6             (9)  Report   annually   in   conjunction  with  the
 7        Advisory  Committee  to  the  Governor  and  the  General
 8        Assembly. The report  shall  include  findings  from  all
 9        surveys  conducted  pursuant  to  this  Act,  a  list  of
10        grantees  by  county  (including  amounts  awarded),  and
11        recommendations    concerning   the   ongoing   financial
12        stability of centers.
13             (10)  Pursue alternative funding opportunities.

14        Section  25.  Community  senior  services  and   resource
15    center grants.
16        (a)  On  and  after  January  1, 2005, the Department may
17    award grants under this Act. It  is  the  General  Assembly's
18    intent  that  grants  awarded under this Act shall be made to
19    the extent of the availability and  level  of  appropriations
20    made for this purpose by the General Assembly.
21        (b)  A  center  must  meet  the  following criteria to be
22    eligible to receive a grant under this Section:
23             (1)  It must be a non-profit agency  or  a  unit  of
24        local government.
25             (2)  It must be housed in a building or portion of a
26        building that includes space for group activities offered
27        to the community at large.
28             (3)  It  must be open 5 or more days each week, 7 or
29        more hours per day.
30             (4)  It must employ paid staff.
31             (5)  It must offer 5 or more home or community-based
32        services to the community at large on a daily basis.
33             (6)  A majority of the participants in the  center's
 
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 1        programs must be seniors or family members of seniors.
 2        (c)  A  center  must  apply  for  a  grant  in the manner
 3    prescribed by the Department. At a minimum,  the  application
 4    must do the following:
 5             (1)  Describe the services offered by the center.
 6             (2)  Identify  the  special  needs of the center and
 7        how the  grant  will  be  used  to  alleviate  identified
 8        funding problems.
 9             (3)  Demonstrate   that  the  center  addresses  the
10        service needs of seniors in the community served  by  the
11        center.
12             (4)  Describe other potential funding sources.
13             (5)  Describe  additional  funding opportunities, if
14        any, to be leveraged with grant funds.
15             (6)  Provide proof of the  center's  involvement  in
16        the community's greater service delivery system.
17             (7)  Provide documentation that funds were requested
18        from  other sources, including, but not limited to, units
19        of local government, local donors, local Area Agencies on
20        Aging, or private or religious foundations.
21             (8)  Include letters of support for the awarding  of
22        the   grant,   from  sources  such  as  local  government
23        officials,  community  leaders,   other   human   service
24        providers,  the  local  Area  Agency on Aging, private or
25        religious   foundations,   or   local    membership-based
26        organizations.

27        Section  30.  Funding; waivers. The Director may seek and
28    obtain  non-State  resources  for  which  the  State  may  be
29    eligible and other dedicated revenue  streams  and  may  also
30    seek and obtain waivers of federal requirements from the U.S.
31    Department of Health and Human Services.

32        Section   35.  Community  Senior  Services  and  Resource
 
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 1    Center Advisory Committee.
 2        (a)  The Community Senior Services  and  Resource  Center
 3    Advisory  Committee  shall  be established by the Department.
 4    The Advisory Committee  shall  advise  the  Director  in  all
 5    aspects  of  the  administration  of  this Act, including the
 6    determination of grant awards.
 7        (b)  The Advisory Committee  shall  be  composed  of  the
 8    Director,  who  shall serve as a nonvoting ex officio member,
 9    and 14 voting members. The  voting  members  shall  select  a
10    chairperson  from  among  their  number.  The  Governor shall
11    appoint the 14 voting members as follows:
12             (1)  Two  members  selected   from   recommendations
13        provided   by   an  association  representing  non-profit
14        centers.
15             (2)  Two  members  selected   from   recommendations
16        provided   by   an   association   representing  township
17        governments.
18             (3)  Two  members  selected   from   recommendations
19        provided by an association representing park districts.
20             (4)  Two   members   selected  from  recommendations
21        provided by an association representing municipalities.
22             (5)  Two  members  selected   from   recommendations
23        provided by statewide membership-based organizations that
24        engage  solely  in  advocacy  on  behalf  of  the  senior
25        population.
26             (6)  Two  members  selected from individuals who are
27        active participants in programs at a center.
28             (7)  Two members who are directors of Area  Agencies
29        on Aging.
30        (c)  All  voting members shall be appointed by January 1,
31    2004. As determined by lot at the time of their  appointment,
32    4  of the initial appointee's terms shall expire in one year;
33    5 in 2 years; and  5  in  3  years.  Thereafter,  all  voting
34    members  shall  be appointed to serve for terms of 3 years. A
 
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 1    voting member's term does not expire  until  a  successor  is
 2    appointed  by the Governor. A voting member appointed to fill
 3    a vacancy occurring before the expiration  of  the  term  for
 4    which his or her predecessor was appointed shall be appointed
 5    for the remainder of that term.
 6        (d)  The  Advisory  Committee  shall  meet on a quarterly
 7    basis and at other times  at  the  call  of  the  chair.  The
 8    affirmative vote of 7 members of the Advisory Committee shall
 9    be required to take action. Members of the Advisory Committee
10    shall receive no compensation for their service and shall not
11    be reimbursed for expenses related to their service.
12        (e)  To  the  extent  possible,  members  of the Advisory
13    Committee shall assist  the  Department  in  reviewing  grant
14    applications.
15        (f)  The  Advisory Committee shall be provided with draft
16    copies of proposed survey instruments for  their  review  and
17    comment before the survey is conducted.
18        (g)  The Advisory Committee shall be provided with copies
19    of  all  administrative  rules  and changes to administrative
20    rules implementing this Act  for  their  review  and  comment
21    before  notice  of  the proposed rules or changes is given as
22    required under the Illinois Administrative Procedure Act.  If
23    the  Advisory  Committee,  having  been asked for its review,
24    fails to comment to the Department on the proposed  rules  or
25    changes  within  90  days,  the  Department  may  proceed  as
26    required  for  rulemaking  under  the Illinois Administrative
27    Procedure Act.

28        Section  40.  Community  Senior  Services  and  Resources
29    Fund. The Community Senior Services  and  Resources  Fund  is
30    created  as  a special fund in the State treasury. All moneys
31    received by the Department for the implementation of this Act
32    shall be deposited into the Fund. Subject  to  appropriation,
33    moneys in the Fund shall be used for grant awards and for the
 
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 1    administration  of this Act. Interest earned on moneys in the
 2    Fund shall be credited to the Fund.

 3        Section 85.  The Deposit of State Moneys Act  is  amended
 4    by changing Section 7 as follows:

 5        (15 ILCS 520/7) (from Ch. 130, par. 26)
 6        Sec.  7.  (a)  Proposals  made  may either be approved or
 7    rejected by the State Treasurer.  A bank or savings and  loan
 8    association  whose  proposal is approved shall be eligible to
 9    become a State depositary for the class or classes  of  funds
10    covered   by  its  proposal.  A  bank  or  savings  and  loan
11    association whose  proposal  is  rejected  shall  not  be  so
12    eligible. The State Treasurer shall seek to have at all times
13    a  total  of  not  less  than  20  banks  or savings and loan
14    associations which are approved  as  State  depositaries  for
15    time deposits.
16        (b)  The State Treasurer may, in his discretion, accept a
17    proposal  from  an  eligible institution which provides for a
18    reduced rate  of  interest  provided  that  such  institution
19    documents   the   use   of   deposited  funds  for  community
20    development projects.
21        (b-5)  The State Treasurer may, in his or her discretion,
22    accept a proposal from an eligible institution that  provides
23    for   a   reduced   rate  of  interest,  provided  that  such
24    institution agrees to expend an amount of money equal to  the
25    amount  of  the  reduction  for  the  preservation of Cahokia
26    Mounds.
27        (b-10)  The  State  Treasurer  may,   in   his   or   her
28    discretion,  accept  a  proposal from an eligible institution
29    that provides for a reduced rate of interest,  provided  that
30    the  institution agrees to expend an amount of money equal to
31    the amount of the reduction for senior centers.
32        (c)  The State Treasurer may, in his or  her  discretion,
 
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 1    accept  a proposal from an eligible institution that provides
 2    for interest earnings on deposits of State moneys to be  held
 3    by  the  institution  in  a  separate  account that the State
 4    Treasurer may use to secure up to 10% of any (i)  home  loans
 5    to  Illinois  citizens  purchasing  a  home  in  Illinois  in
 6    situations  where  the  participating  financial  institution
 7    would   not   offer  the  borrower  a  home  loan  under  the
 8    institution's  prevailing  credit   standards   without   the
 9    incentive  of a reduced rate of interest on deposits of State
10    moneys, (ii) existing home loans  of  Illinois  citizens  who
11    have  failed to make payments on a home loan as a result of a
12    financial hardship due to circumstances beyond the control of
13    the borrower where there is a reasonable  prospect  that  the
14    borrower  will  be able to resume full mortgage payments, and
15    (iii) loans in amounts that  do  not  exceed  the  amount  of
16    arrearage  on  a  mortgage  and that are extended to enable a
17    borrower to become current on his or her mortgage obligation.
18        The  following  factors  shall  be  considered   by   the
19    participating  financial institution to determine whether the
20    financial hardship is due to circumstances beyond the control
21    of the borrower: (i) loss, reduction, or delay in the receipt
22    of income because of the death or disability of a person  who
23    contributed  to  the household income, (ii) expenses actually
24    incurred related to the uninsured damage or costly repairs to
25    the mortgaged  premises  affecting  its  habitability,  (iii)
26    expenses  related  to  the death or illness in the borrower's
27    household or of family members living outside  the  household
28    that  reduce  the  amount  of  household income, (iv) loss of
29    income or a substantial increase in  total  housing  expenses
30    because of divorce, abandonment, separation from a spouse, or
31    failure  to  support  a  spouse or child, (v) unemployment or
32    underemployment,  (vi)  loss,  reduction,  or  delay  in  the
33    receipt of federal, State, or other government benefits,  and
34    (vii)  participation  by  the homeowner in a recognized labor
 
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 1    action such as a strike.  In determining whether there  is  a
 2    reasonable  prospect that the borrower will be able to resume
 3    full   mortgage   payments,   the   participating   financial
 4    institution  shall  consider  factors  including,   but   not
 5    necessarily  limited  to  the following: (i) a favorable work
 6    and credit  history,  (ii)  the  borrower's  ability  to  and
 7    history  of paying the mortgage when employed, (iii) the lack
 8    of an impediment or disability  that  prevents  reemployment,
 9    (iv)  new  education and training opportunities, (v) non-cash
10    benefits that may reduce household expenses, and  (vi)  other
11    debts.
12        For  the  purposes  of  this Section, "home loan" means a
13    loan, other  than  an  open-end  credit  plan  or  a  reverse
14    mortgage  transaction,  for which (i) the principal amount of
15    the loan does not exceed 50%  of  the  conforming  loan  size
16    limit  for  a single-family dwelling as established from time
17    to time by the Federal National  Mortgage  Association,  (ii)
18    the  borrower is a natural person, (iii) the debt is incurred
19    by the borrower primarily for personal, family, or  household
20    purposes,  and (iv) the loan is secured by a mortgage or deed
21    of trust on real estate upon which there is located or  there
22    is  to  be  located  a structure designed principally for the
23    occupancy of no more than 4 families and that is or  will  be
24    occupied   by   the  borrower  as  the  borrower's  principal
25    dwelling.
26        (d)  If there is an agreement between the State Treasurer
27    and an eligible institution that details the use of deposited
28    funds, the agreement may  not  require  the  gift  of  money,
29    goods,  or services to a third party; this provision does not
30    restrict the eligible institution from contracting with third
31    parties in order to carry out the intent of the agreement  or
32    restrict  the  State Treasurer from placing requirements upon
33    third-party  contracts   entered   into   by   the   eligible
34    institution.
 
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 1    (Source:  P.A.  92-482,  eff.  8-23-01;  92-531, eff. 2-8-02;
 2    92-625, eff. 7-11-02; revised 8-26-02.)

 3        Section 90.  The State Finance Act is amended  by  adding
 4    Section 5.595 as follows:

 5        (30 ILCS 105/5.595 new)
 6        Sec.  5.595.  The Community Senior Services and Resources
 7    Fund.

 8        Section 92.  The Public Funds Investment Act  is  amended
 9    by adding Section 2.10 as follows:

10        (30 ILCS 235/2.10 new)
11        Sec.  2.10.  Unit of local government; deposit at reduced
12    rate of interest. The treasurer of a unit of local government
13    may, in his or her discretion, deposit public moneys of  that
14    unit  of local government in a financial institution pursuant
15    to an agreement that provides for a reduced rate of interest,
16    provided that the institution agrees to expend an  amount  of
17    money  equal  to  the  amount  of  the  reduction  for senior
18    centers.

19        Section 95.  The Consumer Fraud  and  Deceptive  Business
20    Practices Act is amended by changing Section 7 as follows:

21        (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
22        Sec.   7.  Injunctive   relief;  restitution;  and  civil
23    penalties.
24        (a)  Whenever the Attorney General or a State's  Attorney
25    has  reason to believe that any person is using, has used, or
26    is about to use any method, act or practice declared by  this
27    Act  to  be  unlawful,  and  that proceedings would be in the
28    public interest, he or she may bring an action in the name of
 
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 1    the People of the State against such person  to  restrain  by
 2    preliminary  or  permanent injunction the use of such method,
 3    act or practice.  The Court, in its discretion, may  exercise
 4    all   powers   necessary,   including  but  not  limited  to:
 5    injunction;  revocation,  forfeiture  or  suspension  of  any
 6    license, charter, franchise, certificate or other evidence of
 7    authority of  any  person  to  do  business  in  this  State;
 8    appointment   of   a   receiver;   dissolution   of  domestic
 9    corporations or association suspension or termination of  the
10    right  of foreign corporations or associations to do business
11    in this State; and restitution.
12        (b)  In addition to the  remedies  provided  herein,  the
13    Attorney  General  or  State's  Attorney  may request and the
14    Court may impose a civil penalty  in  a  sum  not  to  exceed
15    $50,000 against any person found by the Court to have engaged
16    in  any  method, act or practice declared unlawful under this
17    Act.  In the  event  the  court  finds  the  method,  act  or
18    practice  to  have  been  entered  into  with  the  intent to
19    defraud, the court  has  the  authority  to  impose  a  civil
20    penalty in a sum not to exceed $50,000 per violation.
21        (c)  In  addition  to any other civil penalty provided in
22    this Section, if a person is  found  by  the  court  to  have
23    engaged  in  any  method,  act, or practice declared unlawful
24    under this Act, and the violation  was  committed  against  a
25    person  65  years  of  age  or older, the court may impose an
26    additional civil penalty  not  to  exceed  $10,000  for  each
27    violation.
28        A  civil  penalty imposed under this subsection (c) shall
29    be paid to the State Treasurer who shall deposit the money in
30    the State treasury in a special fund designated  the  Elderly
31    Victim  Fund.   The  Treasurer shall deposit such moneys into
32    the Fund monthly. All of the moneys deposited into  the  Fund
33    shall  be  appropriated to the Department on Aging for grants
34    to senior centers in Illinois.  Fifty percent of  all  moneys
 
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 1    deposited  in  the Fund shall be appropriated to the Attorney
 2    General for  the  investigation  and  prosecution  of  frauds
 3    against  persons  65  years  of  age  or older and 50% of all
 4    moneys in the Fund shall  be  appropriated  to  the  Attorney
 5    General   to   develop  and  implement  State-wide  education
 6    initiatives to inform persons 65 years of age or  older,  law
 7    enforcement  agencies,  the  judicial  system, social service
 8    professionals, and the general  public  about  prevention  of
 9    consumer crimes against persons 65 years of age or older, and
10    about  the  provisions  of  this  Section,  the penalties for
11    violations of this Section, and the  remedies  available  for
12    victims of those violations.
13        An award of restitution under subsection (a) has priority
14    over  a  civil  penalty  imposed  by  the  court  under  this
15    subsection.
16        In  determining  whether  to impose a civil penalty under
17    this subsection and the amount  of  any  penalty,  the  court
18    shall consider the following:
19             (1)  Whether  the defendant's conduct was in willful
20        disregard of the rights of the person 65 years of age  or
21        older.
22             (2)  Whether the defendant knew or should have known
23        that  the defendant's conduct was directed to a person 65
24        years of age or older.
25             (3)  Whether the person 65 years of age or older was
26        substantially more vulnerable to the defendant's  conduct
27        because   of   age,   poor  health,  infirmity,  impaired
28        understanding, restricted mobility, or  disability,  than
29        other persons.
30             (4)  Any other factors the court deems appropriate.
31        (d)  This  Section applies if: (i) a court orders a party
32    to make payments to the Attorney General and the payments are
33    to be used for the operations of the Office of  the  Attorney
34    General  or (ii) a party agrees, in an Assurance of Voluntary
 
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 1    Compliance under this Act, to make payments to  the  Attorney
 2    General  for  the  operations  of  the Office of the Attorney
 3    General.
 4        (e)  Moneys paid under any of the conditions described in
 5    subsection (d) shall be deposited into the  Attorney  General
 6    Court Ordered and Voluntary Compliance Payment Projects Fund,
 7    which  is  created  as  a special fund in the State Treasury.
 8    Moneys in the Fund shall be used, subject  to  appropriation,
 9    for  the  performance  of  any  function  pertaining  to  the
10    exercise  of the duties of the Attorney General including but
11    not limited to enforcement of  any  law  of  this  State  and
12    conducting  public education programs; however, any moneys in
13    the Fund that are required by the court or by an agreement to
14    be used for a particular  purpose  shall  be  used  for  that
15    purpose.
16    (Source: P.A. 90-414, eff. 1-1-98.)

17        Section  99.  Effective  date. This Act takes effect upon
18    becoming law.