Full Text of SB3780 96th General Assembly
SB3780ham001 96TH GENERAL ASSEMBLY
|
Revenue & Finance Committee
Filed: 4/22/2010
|
|
09600SB3780ham001 |
|
LRB096 20612 DRJ 40068 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 3780
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 3780 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "(20 ILCS 1305/10-9 rep.)
| 5 |
| (20 ILCS 1305/10-10 rep.)
| 6 |
| (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 Sections 2310-642 and 2310-643 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 |
|
|
|
09600SB3780ham001 |
- 2 - |
LRB096 20612 DRJ 40068 a |
|
| 1 |
| Research Checkoff Fund is a special fund in the State treasury. | 2 |
| On and after July 1, 2010, from appropriations to the | 3 |
| Department from that Fund, the Department shall make grants to | 4 |
| recognized public or private entities in Illinois for the | 5 |
| purpose of funding research concerning the disease of diabetes. | 6 |
| At least 50% of the grants made from the Fund by the Department | 7 |
| shall be made to entities that conduct research for juvenile | 8 |
| diabetes. For purposes of this subsection, the term "research" | 9 |
| includes, without limitation, expenditures to develop and | 10 |
| advance the understanding, techniques, and modalities | 11 |
| effective in the detection, prevention, screening, management, | 12 |
| and treatment of diabetes and may include clinical trials in | 13 |
| Illinois.
Moneys received for the purposes of this subsection, | 14 |
| including, without limitation, income tax checkoff receipts | 15 |
| and gifts, grants, and awards from any public or private person | 16 |
| or entity, shall be deposited into the Fund. Any interest | 17 |
| earned on moneys in the Fund must be deposited into the Fund. | 18 |
| (b) Diabetes information. On and after July 1, 2010, the | 19 |
| Department shall include within its public health promotion | 20 |
| programs and materials information to be directed toward | 21 |
| population groups in Illinois that are considered at high risk | 22 |
| of developing diabetes, asthma, and pulmonary disorders, such | 23 |
| as Hispanics, people of African descent, the elderly, obese | 24 |
| individuals, persons with high blood sugar content, and persons | 25 |
| with a family history of diabetes. The information shall inform | 26 |
| members of such high risk groups about the causes and |
|
|
|
09600SB3780ham001 |
- 3 - |
LRB096 20612 DRJ 40068 a |
|
| 1 |
| prevention of diabetes, asthma, and pulmonary disorders, the | 2 |
| types of treatment for these diseases, and how treatment may be | 3 |
| obtained. By February 15, 2011, and each February 15 | 4 |
| thereafter, the Department shall file a report with the General | 5 |
| Assembly concerning its activities and accomplishments under | 6 |
| this subsection during the previous calendar year. | 7 |
| (c) Transfer of functions from Department of Human | 8 |
| Services. | 9 |
| (1) Transfer. On the effective date of this amendatory | 10 |
| Act of the 96th General Assembly, all functions performed | 11 |
| by the Department of Human Services in connection with | 12 |
| Sections 10-9 and 10-10 of the Department of Human Services | 13 |
| Act (now repealed, and replaced by subsections (a) and (b), | 14 |
| respectively, of this Section), together with all of the | 15 |
| powers, duties, rights, and responsibilities of the | 16 |
| Department of Human Services relating to those functions, | 17 |
| are transferred from the Department of Human Services to | 18 |
| the Department of Public Health. | 19 |
| The Department of Human Services and the Department of | 20 |
| Public Health shall cooperate to ensure that the transfer | 21 |
| of functions is completed as soon as practical. | 22 |
| (2) Effect of transfer. Neither the functions | 23 |
| transferred under this subsection, nor any powers, duties, | 24 |
| rights, and responsibilities relating to those functions, | 25 |
| are affected by this amendatory Act of the 96th General | 26 |
| Assembly, except that all such functions, powers, duties, |
|
|
|
09600SB3780ham001 |
- 4 - |
LRB096 20612 DRJ 40068 a |
|
| 1 |
| rights, and responsibilities shall be performed or | 2 |
| exercised by the Department of Public Health on and after | 3 |
| the effective date of this amendatory Act of the 96th | 4 |
| General Assembly. | 5 |
| (3) The staff of the Department of Human Services | 6 |
| engaged in the performance of the functions transferred | 7 |
| under this subsection may be transferred to the Department | 8 |
| of Public Health. The status and rights of those employees | 9 |
| under the Personnel Code shall not be affected by the | 10 |
| transfers. The rights of the employees, the State of | 11 |
| Illinois, and its agencies under the Personnel Code and | 12 |
| applicable collective bargaining agreements, or under any | 13 |
| pension, retirement, or annuity plan, shall not be affected | 14 |
| by this amendatory Act of the 96th General Assembly. | 15 |
| (4) Books and records transferred. All books, records, | 16 |
| papers, documents, contracts, and pending business | 17 |
| pertaining to the functions transferred under this | 18 |
| subsection, including but not limited to material in | 19 |
| electronic or magnetic format, shall be transferred to the | 20 |
| Department of Public Health. The transfer of that | 21 |
| information shall not, however, violate any applicable | 22 |
| confidentiality constraints. | 23 |
| (5) Unexpended moneys transferred. All unexpended | 24 |
| appropriation balances and other funds otherwise available | 25 |
| to the Department of Human Services for use in connection | 26 |
| with the functions transferred under this subsection shall |
|
|
|
09600SB3780ham001 |
- 5 - |
LRB096 20612 DRJ 40068 a |
|
| 1 |
| be transferred and made available to the Department of | 2 |
| Public Health for use in connection with the functions | 3 |
| transferred under this subsection. Unexpended balances so | 4 |
| transferred shall be expended only for the purpose for | 5 |
| which the appropriations were originally made. | 6 |
| (6) Exercise of transferred powers; savings | 7 |
| provisions. The powers, duties, rights, and | 8 |
| responsibilities relating to the functions transferred | 9 |
| under this subsection are vested in and shall be exercised | 10 |
| by the Department of Public Health. Each act done in | 11 |
| exercise of those powers, duties, rights, and | 12 |
| responsibilities shall have the same legal effect as if | 13 |
| done by the Department of Human Services or its divisions, | 14 |
| officers, or employees. | 15 |
| (7) Persons subject to penalties. Every officer, | 16 |
| employee, or agent of the Department of Public Health | 17 |
| shall, for any offense, be subject to the same penalty or | 18 |
| penalties, civil or criminal, as are prescribed by existing | 19 |
| laws for the same offense by any officer, employee, or | 20 |
| agent whose powers or duties were transferred under this | 21 |
| subsection. | 22 |
| (8) Reports or notices. Whenever reports or notices are | 23 |
| now required to be made or given or papers or documents | 24 |
| furnished or served by any person to or upon the Department | 25 |
| of Human Services in connection with any of the functions | 26 |
| transferred under this subsection, the same shall be made, |
|
|
|
09600SB3780ham001 |
- 6 - |
LRB096 20612 DRJ 40068 a |
|
| 1 |
| given, furnished, or served in the same manner to or upon | 2 |
| the Department of Public Health. | 3 |
| (9) This subsection shall not affect any act done, | 4 |
| ratified, or canceled, or any right occurring or | 5 |
| established, or any action or proceeding had or commenced | 6 |
| in an administrative, civil, or criminal case, regarding | 7 |
| the functions of the Department of Human Services before | 8 |
| this amendatory Act of the 96th General Assembly takes | 9 |
| effect; such actions may be prosecuted, defended, or | 10 |
| continued by the Department of Public Health. | 11 |
| (10) Rules. Any rules of the Department of Human | 12 |
| Services that relate to the functions transferred under | 13 |
| this subsection that are in full force on the effective | 14 |
| date of this amendatory Act of the 96th General Assembly, | 15 |
| and that have been duly adopted by the Department of Human | 16 |
| Services, shall become the rules of the Department of | 17 |
| Public Health. This subsection shall not affect the | 18 |
| legality of any such rules in the Illinois Administrative | 19 |
| Code. Any proposed rules filed with the Secretary of State | 20 |
| by the Department of Human Services that are pending in the | 21 |
| rulemaking process on the effective date of this amendatory | 22 |
| Act of the 96th General Assembly, and that pertain to the | 23 |
| functions transferred, shall be deemed to have been filed | 24 |
| by the Department of Public Health. As soon as practicable | 25 |
| after the effective date of amendatory Act of the 96th | 26 |
| General Assembly, the Department of Public Health shall |
|
|
|
09600SB3780ham001 |
- 7 - |
LRB096 20612 DRJ 40068 a |
|
| 1 |
| revise and clarify the rules transferred to it under this | 2 |
| subsection to reflect the reorganization of powers, | 3 |
| duties, rights, and responsibilities affected by this | 4 |
| subsection, using the procedures for recodification of | 5 |
| rules available under the Illinois Administrative | 6 |
| Procedure Act, except that existing title, part, and | 7 |
| section numbering for the affected rules may be retained. | 8 |
| The Department of Public Health, consistent with the | 9 |
| Department of Human Services' authority to do so, may | 10 |
| propose and adopt, under the Illinois Administrative | 11 |
| Procedure Act, such other rules of the Department of Human | 12 |
| Services that will now be administered by the Department of | 13 |
| Public Health. | 14 |
| To the extent that, prior to the effective date of the | 15 |
| transfer of functions under this subsection, the Secretary | 16 |
| of Human Services had been empowered to prescribe | 17 |
| regulations or had other authority with respect to the | 18 |
| transferred functions, such duties shall be exercised from | 19 |
| and after the effective date of the transfer by the | 20 |
| Director of Public Health. | 21 |
| (11) Successor Agency Act. For the purposes of the | 22 |
| Successor Agency Act, the Department of Public Health is | 23 |
| declared to be the successor agency of the Department of | 24 |
| Human Services, but only with respect to the functions that | 25 |
| are transferred to the Department of Public Health under | 26 |
| this subsection. |
|
|
|
09600SB3780ham001 |
- 8 - |
LRB096 20612 DRJ 40068 a |
|
| 1 |
| (12) Statutory references. Whenever a provision of law | 2 |
| refers to the Department of Human Services in connection | 3 |
| with its performance of a function that is transferred to | 4 |
| the Department of Public Health under this subsection, that | 5 |
| provision shall be deemed to refer to the Department of | 6 |
| Public Health on and after the effective date of this | 7 |
| amendatory Act of the 96th General Assembly. | 8 |
| (20 ILCS 2310/2310-643 new) | 9 |
| Sec. 2310-643. Illinois State Diabetes Commission. | 10 |
| (a) Commission established. The Illinois State Diabetes | 11 |
| Commission is established within the Department of Public | 12 |
| Health. The Commission shall consist of members that are | 13 |
| residents of this State and shall include an Executive | 14 |
| Committee appointed by the Director. The members of the | 15 |
| Commission shall be appointed by the Director as follows: | 16 |
| (1) The Director or the Director's designee, who shall | 17 |
| serve as chairperson of the Commission. | 18 |
| (2) Physicians who are board certified in | 19 |
| endocrinology, with at least one physician with expertise | 20 |
| and experience in the treatment of
childhood diabetes and | 21 |
| at least one physician with expertise and experience in the
| 22 |
| treatment of adult onset diabetes. | 23 |
| (3) Health care professionals with expertise and | 24 |
| experience in the prevention,
treatment, and control of | 25 |
| diabetes. |
|
|
|
09600SB3780ham001 |
- 9 - |
LRB096 20612 DRJ 40068 a |
|
| 1 |
| (4) Representatives of organizations or groups that | 2 |
| advocate on behalf of persons suffering from diabetes. | 3 |
| (5) Representatives of voluntary health organizations | 4 |
| or advocacy groups with
an interest in the prevention, | 5 |
| treatment, and control of diabetes. | 6 |
| (6) Members of the public who have been diagnosed with | 7 |
| diabetes. | 8 |
| The Director may appoint additional members deemed | 9 |
| necessary and appropriate by the Director. | 10 |
| Members of the Commission shall be appointed by June 1, | 11 |
| 2010. A member shall continue to serve
until his or her | 12 |
| successor is duly appointed and qualified. | 13 |
| (b) Meetings. Meetings shall be held 3 times per year or at | 14 |
| the call of the Commission chairperson. | 15 |
| (c) Reimbursement. Members shall serve without | 16 |
| compensation but shall, subject to appropriation,
be | 17 |
| reimbursed for reasonable and necessary expenses actually | 18 |
| incurred in the performance
of the member's official duties. | 19 |
| (d) Department support. The Department shall
provide | 20 |
| administrative support and current staff as necessary for the | 21 |
| effective operation
of the Commission. | 22 |
| (e) Duties. The Commission shall perform all of the | 23 |
| following duties: | 24 |
| (1) Hold public hearings to gather information
from the | 25 |
| general public on issues pertaining to the prevention, | 26 |
| treatment, and control of
diabetes. |
|
|
|
09600SB3780ham001 |
- 10 - |
LRB096 20612 DRJ 40068 a |
|
| 1 |
| (2) Develop a strategy for the prevention, treatment, | 2 |
| and control of diabetes
in this State. | 3 |
| (3) Examine the needs of adults, children, racial and | 4 |
| ethnic minorities, and
medically underserved populations | 5 |
| who have diabetes. | 6 |
| (4) Prepare and make available an annual report on the | 7 |
| activities of the Commission to the Director, the Speaker | 8 |
| of the House of Representatives, the Minority Leader of the | 9 |
| House of Representatives,
the President of the Senate, the | 10 |
| Minority Leader of the Senate, and the Governor by June 30 | 11 |
| of each year, beginning on June 30, 2011. | 12 |
| (f) Funding. The Department may accept on behalf of the
| 13 |
| Commission any federal funds or gifts and donations from | 14 |
| individuals, private organizations,
and foundations and any | 15 |
| other funds that may become available. | 16 |
| (g) Rules. The Director may adopt rules to implement and | 17 |
| administer this Section.
| 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.".
|
|