Full Text of HB2199 98th General Assembly
HB2199 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2199 Introduced , by Rep. Tom Cross - Michael W. Tryon SYNOPSIS AS INTRODUCED: |
| |
Amends the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois. Makes a technical change in a Section
concerning the transfer of departmental functions related to diabetes from the Department of Human Services.
|
| |
| | A BILL FOR |
|
| | | HB2199 | | LRB098 09307 RPM 39447 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by changing Section 2310-642 as follows: | 7 | | (20 ILCS 2310/2310-642) | 8 | | Sec. 2310-642. Diabetes; transfer of functions from | 9 | | Department of Human Services. | 10 | | (a) Diabetes Research Checkoff Fund; grants. The The | 11 | | Diabetes Research Checkoff Fund is a special fund in the State | 12 | | treasury. On and after July 1, 2010, from appropriations to the | 13 | | Department from that Fund, the Department shall make grants to | 14 | | recognized public or private entities in Illinois for the | 15 | | purpose of funding research concerning the disease of diabetes. | 16 | | At least 50% of the grants made from the Fund by the Department | 17 | | shall be made to entities that conduct research for juvenile | 18 | | diabetes. For purposes of this subsection, the term "research" | 19 | | includes, without limitation, expenditures to develop and | 20 | | advance the understanding, techniques, and modalities | 21 | | effective in the detection, prevention, screening, management, | 22 | | and treatment of diabetes and may include clinical trials in | 23 | | Illinois.
Moneys received for the purposes of this subsection, |
| | | HB2199 | - 2 - | LRB098 09307 RPM 39447 b |
|
| 1 | | including, without limitation, income tax checkoff receipts | 2 | | and gifts, grants, and awards from any public or private person | 3 | | or entity, shall be deposited into the Fund. Any interest | 4 | | earned on moneys in the Fund must be deposited into the Fund. | 5 | | (b) Diabetes information. On and after July 1, 2010, the | 6 | | Department shall include within its public health promotion | 7 | | programs and materials information to be directed toward | 8 | | population groups in Illinois that are considered at high risk | 9 | | of developing diabetes, asthma, and pulmonary disorders, such | 10 | | as Hispanics, people of African descent, the elderly, obese | 11 | | individuals, persons with high blood sugar content, and persons | 12 | | with a family history of diabetes. The information shall inform | 13 | | members of such high risk groups about the causes and | 14 | | prevention of diabetes, asthma, and pulmonary disorders, the | 15 | | types of treatment for these diseases, and how treatment may be | 16 | | obtained. By February 15, 2011, and each February 15 | 17 | | thereafter, the Department shall file a report with the General | 18 | | Assembly concerning its activities and accomplishments under | 19 | | this subsection during the previous calendar year. | 20 | | (c) Transfer of functions from Department of Human | 21 | | Services. | 22 | | (1) Transfer. On the effective date of this amendatory | 23 | | Act of the 96th General Assembly, all functions performed | 24 | | by the Department of Human Services in connection with | 25 | | Sections 10-9 and 10-10 of the Department of Human Services | 26 | | Act (now repealed, and replaced by subsections (a) and (b), |
| | | HB2199 | - 3 - | LRB098 09307 RPM 39447 b |
|
| 1 | | respectively, of this Section), together with all of the | 2 | | powers, duties, rights, and responsibilities of the | 3 | | Department of Human Services relating to those functions, | 4 | | are transferred from the Department of Human Services to | 5 | | the Department of Public Health. | 6 | | The Department of Human Services and the Department of | 7 | | Public Health shall cooperate to ensure that the transfer | 8 | | of functions is completed as soon as practical. | 9 | | (2) Effect of transfer. Neither the functions | 10 | | transferred under this subsection, nor any powers, duties, | 11 | | rights, and responsibilities relating to those functions, | 12 | | are affected by this amendatory Act of the 96th General | 13 | | Assembly, except that all such functions, powers, duties, | 14 | | rights, and responsibilities shall be performed or | 15 | | exercised by the Department of Public Health on and after | 16 | | the effective date of this amendatory Act of the 96th | 17 | | General Assembly. | 18 | | (3) The staff of the Department of Human Services | 19 | | engaged in the performance of the functions transferred | 20 | | under this subsection may be transferred to the Department | 21 | | of Public Health. The status and rights of those employees | 22 | | under the Personnel Code shall not be affected by the | 23 | | transfers. The rights of the employees, the State of | 24 | | Illinois, and its agencies under the Personnel Code and | 25 | | applicable collective bargaining agreements, or under any | 26 | | pension, retirement, or annuity plan, shall not be affected |
| | | HB2199 | - 4 - | LRB098 09307 RPM 39447 b |
|
| 1 | | by this amendatory Act of the 96th General Assembly. | 2 | | (4) Books and records transferred. All books, records, | 3 | | papers, documents, contracts, and pending business | 4 | | pertaining to the functions transferred under this | 5 | | subsection, including but not limited to material in | 6 | | electronic or magnetic format, shall be transferred to the | 7 | | Department of Public Health. The transfer of that | 8 | | information shall not, however, violate any applicable | 9 | | confidentiality constraints. | 10 | | (5) Unexpended moneys transferred. All unexpended | 11 | | appropriation balances and other funds otherwise available | 12 | | to the Department of Human Services for use in connection | 13 | | with the functions transferred under this subsection shall | 14 | | be transferred and made available to the Department of | 15 | | Public Health for use in connection with the functions | 16 | | transferred under this subsection. Unexpended balances so | 17 | | transferred shall be expended only for the purpose for | 18 | | which the appropriations were originally made. | 19 | | (6) Exercise of transferred powers; savings | 20 | | provisions. The powers, duties, rights, and | 21 | | responsibilities relating to the functions transferred | 22 | | under this subsection are vested in and shall be exercised | 23 | | by the Department of Public Health. Each act done in | 24 | | exercise of those powers, duties, rights, and | 25 | | responsibilities shall have the same legal effect as if | 26 | | done by the Department of Human Services or its divisions, |
| | | HB2199 | - 5 - | LRB098 09307 RPM 39447 b |
|
| 1 | | officers, or employees. | 2 | | (7) Persons subject to penalties. Every officer, | 3 | | employee, or agent of the Department of Public Health | 4 | | shall, for any offense, be subject to the same penalty or | 5 | | penalties, civil or criminal, as are prescribed by existing | 6 | | laws for the same offense by any officer, employee, or | 7 | | agent whose powers or duties were transferred under this | 8 | | subsection. | 9 | | (8) Reports or notices. Whenever reports or notices are | 10 | | now required to be made or given or papers or documents | 11 | | furnished or served by any person to or upon the Department | 12 | | of Human Services in connection with any of the functions | 13 | | transferred under this subsection, the same shall be made, | 14 | | given, furnished, or served in the same manner to or upon | 15 | | the Department of Public Health. | 16 | | (9) This subsection shall not affect any act done, | 17 | | ratified, or canceled, or any right occurring or | 18 | | established, or any action or proceeding had or commenced | 19 | | in an administrative, civil, or criminal case, regarding | 20 | | the functions of the Department of Human Services before | 21 | | this amendatory Act of the 96th General Assembly takes | 22 | | effect; such actions may be prosecuted, defended, or | 23 | | continued by the Department of Public Health. | 24 | | (10) Rules. Any rules of the Department of Human | 25 | | Services that relate to the functions transferred under | 26 | | this subsection that are in full force on the effective |
| | | HB2199 | - 6 - | LRB098 09307 RPM 39447 b |
|
| 1 | | date of this amendatory Act of the 96th General Assembly, | 2 | | and that have been duly adopted by the Department of Human | 3 | | Services, shall become the rules of the Department of | 4 | | Public Health. This subsection shall not affect the | 5 | | legality of any such rules in the Illinois Administrative | 6 | | Code. Any proposed rules filed with the Secretary of State | 7 | | by the Department of Human Services that are pending in the | 8 | | rulemaking process on the effective date of this amendatory | 9 | | Act of the 96th General Assembly, and that pertain to the | 10 | | functions transferred, shall be deemed to have been filed | 11 | | by the Department of Public Health. As soon as practicable | 12 | | after the effective date of this amendatory Act of the 96th | 13 | | General Assembly, the Department of Public Health shall | 14 | | revise and clarify the rules transferred to it under this | 15 | | subsection to reflect the reorganization of powers, | 16 | | duties, rights, and responsibilities affected by this | 17 | | subsection, using the procedures for recodification of | 18 | | rules available under the Illinois Administrative | 19 | | Procedure Act, except that existing title, part, and | 20 | | section numbering for the affected rules may be retained. | 21 | | The Department of Public Health, consistent with the | 22 | | Department of Human Services' authority to do so, may | 23 | | propose and adopt, under the Illinois Administrative | 24 | | Procedure Act, such other rules of the Department of Human | 25 | | Services that will now be administered by the Department of | 26 | | Public Health. |
| | | HB2199 | - 7 - | LRB098 09307 RPM 39447 b |
|
| 1 | | To the extent that, prior to the effective date of the | 2 | | transfer of functions under this subsection, the Secretary | 3 | | of Human Services had been empowered to prescribe | 4 | | regulations or had other authority with respect to the | 5 | | transferred functions, such duties shall be exercised from | 6 | | and after the effective date of the transfer by the | 7 | | Director of Public Health. | 8 | | (11) Successor Agency Act. For the purposes of the | 9 | | Successor Agency Act, the Department of Public Health is | 10 | | declared to be the successor agency of the Department of | 11 | | Human Services, but only with respect to the functions that | 12 | | are transferred to the Department of Public Health under | 13 | | this subsection. | 14 | | (12) Statutory references. Whenever a provision of law | 15 | | refers to the Department of Human Services in connection | 16 | | with its performance of a function that is transferred to | 17 | | the Department of Public Health under this subsection, that | 18 | | provision shall be deemed to refer to the Department of | 19 | | Public Health on and after the effective date of this | 20 | | amendatory Act of the 96th General Assembly.
| 21 | | (Source: P.A. 96-1406, eff. 7-29-10.)
|
|