Full Text of HB2792 95th General Assembly
HB2792 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2792
Introduced 2/26/2007, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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Creates the Department of Human Services Consolidation Act. Abolishes the Department of Public Health and transfers all of the functions of that Department to the Department of Human Services. Transfers the staffs, records, and unexpended funds of the Department of Public Health to the Department of Human Services. Effective July 1, 2007.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB2792 |
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LRB095 11351 DRJ 32099 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Department of Human Services Consolidation Act. | 6 |
| Section 5. Functions transferred. | 7 |
| (a) All of the functions of the Department of Public | 8 |
| Health, and all of the powers, duties, rights, and | 9 |
| responsibilities, including funding mechanisms, associated | 10 |
| with or related to those functions and vested by law in the | 11 |
| Department of Public Health or in any office, division, | 12 |
| council, committee, bureau, board, commission, officer, | 13 |
| employee, or other individual or entity associated with the | 14 |
| Department of Public Health, are transferred to the Department | 15 |
| of Human Services. | 16 |
| (b) The functions, powers, duties, rights, and | 17 |
| responsibilities transferred to the Department of Human | 18 |
| Services under this Act are not affected by this Act, except | 19 |
| that they shall be carried out by the Department of Human | 20 |
| Services on and after the effective date of this Act.
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| (c) The Department of Public Health is abolished. | 22 |
| Section 10. Representation on boards or other entities. |
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HB2792 |
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LRB095 11351 DRJ 32099 b |
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| When any provision of an Executive Order or Act provides for | 2 |
| the membership of the Director of Public Health on any council, | 3 |
| commission, board, or other entity, the Secretary of Human | 4 |
| Services, or the Secretary's designee, shall serve in that | 5 |
| place. If more than one such person is required by law to serve | 6 |
| on any council, commission, board, or other entity, then an | 7 |
| equivalent number of representatives of the Department of Human | 8 |
| Services shall so serve. | 9 |
| Section 15. Staff transferred. The staff of the Department | 10 |
| of Public Health shall be transferred to the Department of | 11 |
| Human Services. The status and rights of those employees, and | 12 |
| the rights of the State of Illinois and its agencies, under the | 13 |
| Personnel Code and applicable collective bargaining agreements | 14 |
| or under any pension, retirement, or annuity plan are not | 15 |
| affected by that transfer or by any other provision of this | 16 |
| Act. | 17 |
| Section 20. Books and records transferred. All books, | 18 |
| records, papers, documents, property (real and personal), | 19 |
| contracts, and pending business pertaining to the powers, | 20 |
| duties, rights, and responsibilities transferred under this | 21 |
| Act from the Department of Public Health to the Department of | 22 |
| Human Services, including but not limited to material in | 23 |
| electronic or magnetic format and necessary computer hardware | 24 |
| and software, shall be delivered to the Department of Human |
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HB2792 |
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LRB095 11351 DRJ 32099 b |
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| Services. | 2 |
| Section 25. Unexpended moneys transferred. All unexpended | 3 |
| appropriations and balances and other moneys available for use | 4 |
| in connection with any of the functions transferred to the | 5 |
| Department of Human Services under this Act shall be | 6 |
| transferred for use by that Department for the exercise of | 7 |
| those functions pursuant to the direction of the Governor. | 8 |
| Unexpended balances so transferred shall be expended only for | 9 |
| the purpose for which the appropriations were originally made. | 10 |
| Section 30. Exercise of transferred powers; savings | 11 |
| provisions. The powers, duties, rights, and responsibilities | 12 |
| related to the functions transferred to the Department of Human | 13 |
| Services under this Act are vested in and shall be exercised by | 14 |
| that Department. Each act done in the exercise of those powers, | 15 |
| duties, rights, and responsibilities shall have the same legal | 16 |
| effect as if done by the Department of Public Health or the | 17 |
| divisions, officers, or employees of that Department. | 18 |
| Section 35. Officers, employees, and agents; penalties. | 19 |
| Every officer, employee, or agent of the Department of Human | 20 |
| Services is, for any offense, subject to the same penalty or | 21 |
| penalties, civil or criminal, as are prescribed by existing law | 22 |
| for the same offense by any officer, employee, or agent whose | 23 |
| powers, duties, rights, or responsibilities are transferred |
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HB2792 |
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LRB095 11351 DRJ 32099 b |
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| under this Act. | 2 |
| Section 40. Reports, notices, or papers. Whenever reports | 3 |
| or notices are required to be made or given or papers or | 4 |
| documents furnished or served by any person to or upon the | 5 |
| Department of Public Health in connection with any function | 6 |
| transferred under this Act, the same shall be made, given, | 7 |
| furnished, or served in the same manner to or upon the | 8 |
| Department of Human Services. | 9 |
| Section 45. Acts and actions unaffected by transfer. This | 10 |
| Act does not affect any act done, ratified, or canceled, or any | 11 |
| right occurring or established, before the effective date of | 12 |
| this Act in connection with any function transferred under this | 13 |
| Act. This Act does not affect any action or proceeding had or | 14 |
| commenced before the effective date of this Act in an | 15 |
| administrative, civil, or criminal cause regarding the | 16 |
| Department of Public Health, but any such action or proceeding | 17 |
| may be prosecuted, defended, or continued by the Department of | 18 |
| Human Services. | 19 |
| Section 50. Rules. | 20 |
| (a) Any rule of the Department of Public Health that (i) | 21 |
| relates to the functions transferred under this Act, (ii) was | 22 |
| in full force on the effective date of this Act, and (iii) was | 23 |
| duly adopted by the Department of Public Health shall become |
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HB2792 |
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LRB095 11351 DRJ 32099 b |
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| the rule of the Department of Human Services. This Act does not | 2 |
| affect the legality of any such rules contained in the Illinois | 3 |
| Administrative Code. | 4 |
| (b) Any proposed rule filed with the Secretary of State by | 5 |
| the Department of Public Health that was pending in the | 6 |
| rulemaking process on the effective date of this Act and that | 7 |
| pertains to the functions transferred under this Act shall be | 8 |
| deemed to have been filed by the Department of Human Services. | 9 |
| (c) As soon as practicable after the effective date of this | 10 |
| Act, the Department of Human Services shall revise and clarify | 11 |
| the rules transferred to it under this Section to reflect the | 12 |
| reorganization of powers, duties, rights, and responsibilities | 13 |
| effected by this Act, using the procedures for recodification | 14 |
| of rules available under the Illinois Administrative Procedure | 15 |
| Act, except that existing title, part, and section numbering | 16 |
| for the affected rules may be retained.
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| Section 99. Effective date. This Act takes effect July 1, | 18 |
| 2007.
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