Bill Text: IL HB2199 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2013-07-18 - Public Act . . . . . . . . . 98-0097 [HB2199 Detail]
Download: Illinois-2013-HB2199-Engrossed.html
Bill Title: 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.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2013-07-18 - Public Act . . . . . . . . . 98-0097 [HB2199 Detail]
Download: Illinois-2013-HB2199-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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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, |
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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), |
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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 |
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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, |
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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 |
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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. |
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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.
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21 | (Source: P.A. 96-1406, eff. 7-29-10.)
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