Full Text of SB3780 96th General Assembly
SB3780eng 96TH GENERAL ASSEMBLY
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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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| (20 ILCS 1305/10-9 rep.)
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| (20 ILCS 1305/10-10 rep.)
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| (20 ILCS 1305/10-12 rep.) | 7 |
| Section 5. The Department of Human Services Act is amended | 8 |
| by repealing Sections 10-9, 10-10, and 10-12. | 9 |
| Section 10. The Department of Public Health Powers and | 10 |
| Duties Law of the
Civil Administrative Code of Illinois is | 11 |
| amended by adding Section 2310-642 as follows: | 12 |
| (20 ILCS 2310/2310-642 new) | 13 |
| Sec. 2310-642. Diabetes; transfer of functions from | 14 |
| Department of Human Services. | 15 |
| (a) Diabetes Research Checkoff Fund; grants. The Diabetes | 16 |
| Research Checkoff Fund is a special fund in the State treasury. | 17 |
| From appropriations to the Department from that Fund, the | 18 |
| Department may make grants to recognized public or private | 19 |
| entities in Illinois for the purpose of funding research | 20 |
| concerning the disease of diabetes. At least 50% of the grants | 21 |
| made from the Fund by the Department shall be made to entities | 22 |
| that conduct research for juvenile diabetes. For purposes of |
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| this subsection, the term "research" includes, without | 2 |
| limitation, expenditures to develop and advance the | 3 |
| understanding, techniques, and modalities effective in the | 4 |
| detection, prevention, screening, management, and treatment of | 5 |
| diabetes and may include clinical trials in Illinois.
Moneys | 6 |
| received for the purposes of this subsection, including, | 7 |
| without limitation, income tax checkoff receipts and gifts, | 8 |
| grants, and awards from any public or private person or entity, | 9 |
| shall be deposited into the Fund. Any interest earned on moneys | 10 |
| in the Fund must be deposited into the Fund. | 11 |
| (b) Diabetes information. The Department shall include | 12 |
| within its public health promotion programs and materials | 13 |
| information to be directed toward population groups in Illinois | 14 |
| that are considered at high risk of developing diabetes. The | 15 |
| information shall inform members of such high risk groups about | 16 |
| the causes and prevention of diabetes, the types of treatment, | 17 |
| and how treatment may be obtained. By March 16, 2011, and each | 18 |
| March 16 thereafter, the Department shall file a report with | 19 |
| the General Assembly concerning its activities and | 20 |
| accomplishments under this subsection during the previous | 21 |
| calendar year. | 22 |
| (c) Grants to American Diabetes Association. Subject to | 23 |
| appropriation, the Department shall make grants to the American | 24 |
| Diabetes Association for research on diabetes from | 25 |
| appropriations to the Department from the American Diabetes | 26 |
| Fund, a special fund created in the State treasury. |
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| (d) Transfer of functions from Department of Human | 2 |
| Services. | 3 |
| (1) Transfer. On the effective date of this amendatory | 4 |
| Act of the 96th General Assembly, all functions performed | 5 |
| by the Department of Human Services in connection with | 6 |
| Sections 10-9, 10-10, and 10-12 of the Department of Human | 7 |
| Services Act (now repealed, and replaced by subsections | 8 |
| (a), (b), and (c), respectively, of this Section), together | 9 |
| with all of the powers, duties, rights, and | 10 |
| responsibilities of the Department of Human Services | 11 |
| relating to those functions, are transferred from the | 12 |
| Department of Human Services to the Department of Public | 13 |
| Health. | 14 |
| The Department of Human Services and the Department of | 15 |
| Public Health shall cooperate to ensure that the transfer | 16 |
| of functions is completed as soon as practical. | 17 |
| (2) Effect of transfer. Neither the functions | 18 |
| transferred under this subsection, nor any powers, duties, | 19 |
| rights, and responsibilities relating to those functions, | 20 |
| are affected by this amendatory Act of the 96th General | 21 |
| Assembly, except that all such functions, powers, duties, | 22 |
| rights, and responsibilities shall be performed or | 23 |
| exercised by the Department of Public Health on and after | 24 |
| the effective date of this amendatory Act of the 96th | 25 |
| General Assembly. | 26 |
| (3) Books and records transferred. All books, records, |
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| papers, documents, contracts, and pending business | 2 |
| pertaining to the functions transferred under this | 3 |
| subsection, including but not limited to material in | 4 |
| electronic or magnetic format, shall be transferred to the | 5 |
| Department of Public Health. The transfer of that | 6 |
| information shall not, however, violate any applicable | 7 |
| confidentiality constraints. | 8 |
| (4) Unexpended moneys transferred. All unexpended | 9 |
| appropriation balances and other funds otherwise available | 10 |
| to the Department of Human Services for use in connection | 11 |
| with the functions transferred under this subsection shall | 12 |
| be transferred and made available to the Department of | 13 |
| Public Health for use in connection with the functions | 14 |
| transferred under this subsection. | 15 |
| (5) Exercise of transferred powers; savings | 16 |
| provisions. The powers, duties, rights, and | 17 |
| responsibilities relating to the functions transferred | 18 |
| under this subsection are vested in and shall be exercised | 19 |
| by the Department of Public Health. Each act done in | 20 |
| exercise of those powers, duties, rights, and | 21 |
| responsibilities shall have the same legal effect as if | 22 |
| done by the Department of Human Services or its divisions, | 23 |
| officers, or employees. | 24 |
| (6) Successor Agency Act. For the purposes of the | 25 |
| Successor Agency Act, the Department of Public Health is | 26 |
| declared to be the successor agency of the Department of |
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| Human Services, but only with respect to the functions that | 2 |
| are transferred to the Department of Public Health under | 3 |
| this subsection. | 4 |
| (7) Statutory references. Whenever a provision of law | 5 |
| refers to the Department of Human Services in connection | 6 |
| with its performance of a function that is transferred to | 7 |
| the Department of Public Health under this subsection, that | 8 |
| provision shall be deemed to refer to the Department of | 9 |
| Public Health on and after the effective date of this | 10 |
| amendatory Act of the 96th General Assembly.
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| Section 15. The State Finance Act is amended by adding | 12 |
| Section 5.755 as follows: | 13 |
| (30 ILCS 105/5.755 new) | 14 |
| Sec. 5.755. The American Diabetes Fund. | 15 |
| Section 99. Effective date. This Act takes effect 90 days | 16 |
| after becoming law.
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