Bill Text: IL HB3834 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Department of Natural Resources Act. Makes a technical change in a Section concerning definitions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-12-31 - Public Act . . . . . . . . . 98-1148 [HB3834 Detail]
Download: Illinois-2013-HB3834-Engrossed.html
Bill Title: Amends the Department of Natural Resources Act. Makes a technical change in a Section concerning definitions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-12-31 - Public Act . . . . . . . . . 98-1148 [HB3834 Detail]
Download: Illinois-2013-HB3834-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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Act on the Aging is amended by | ||||||
5 | adding Sections 4.15 and 4.16 as follows:
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6 | (20 ILCS 105/4.15 new) | ||||||
7 | Sec. 4.15. Transfer of the Senior Health Insurance Program | ||||||
8 | to the Department on Aging. | ||||||
9 | (a) This amendatory Act of the 98th General Assembly | ||||||
10 | implements and supersedes Executive Order 2013-1. | ||||||
11 | (b) The powers, duties, rights and responsibilities | ||||||
12 | related to the functions of the Senior Health Insurance | ||||||
13 | Program, as created by repealed Section 1405-15 of the | ||||||
14 | Department of Insurance Law, as well as the staff performing | ||||||
15 | those functions, are transferred from the Department of | ||||||
16 | Insurance to the Department on Aging. | ||||||
17 | (c) Whenever any provision of law provides for membership | ||||||
18 | of the Director of Insurance, or his or her designee, on any | ||||||
19 | board, commission, council, or other entity relating to the | ||||||
20 | functions of the Senior Health Insurance Program, the Director | ||||||
21 | of Aging, or his or her designee, shall serve in that place. If | ||||||
22 | more than one such person is required by law to serve on any | ||||||
23 | board, commission, council, or other entity, then an equivalent |
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1 | number of representatives of the Department on Aging shall so | ||||||
2 | serve. | ||||||
3 | (d) The powers, duties, rights, and responsibilities | ||||||
4 | vested in or associated with the functions of the Senior Health | ||||||
5 | Insurance Program shall not be affected by this amendatory Act | ||||||
6 | of the 98th General Assembly, except that all management and | ||||||
7 | staff support or other resources necessary to the operations of | ||||||
8 | the Senior Health Insurance Program shall be provided by the | ||||||
9 | Department on Aging. | ||||||
10 | (e) Personnel under the Department of Insurance affected by | ||||||
11 | this amendatory Act of the 98th General Assembly shall continue | ||||||
12 | their service within the Department on Aging. The status and | ||||||
13 | rights of the employees and the State of Illinois and its | ||||||
14 | agencies under the Personnel Code and applicable collective | ||||||
15 | bargaining agreements or under any pension, retirement, or | ||||||
16 | annuity plan shall not be affected by this amendatory Act of | ||||||
17 | the 98th General Assembly. | ||||||
18 | (f) All books, contracts, correspondence, documents, | ||||||
19 | papers, personnel files, property (real and personal), | ||||||
20 | records, other associated items, and pending business in any | ||||||
21 | way pertaining to the powers, duties, rights, and | ||||||
22 | responsibilities related to the functions of the Senior Health | ||||||
23 | Insurance Program shall be transferred from the Department of | ||||||
24 | Insurance and delivered to the Department on Aging for | ||||||
25 | continuation, modification, or termination, as appropriate, | ||||||
26 | including, but not limited to, material in electronic or |
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1 | magnetic format and necessary computer hardware and software; | ||||||
2 | provided, however, that the delivery of such information shall | ||||||
3 | not violate any applicable confidentiality constraints. | ||||||
4 | (g) All unexpended appropriations and the balances of any | ||||||
5 | funds, grants, donations, or other moneys available for use by | ||||||
6 | the Department of Insurance in connection with the functions of | ||||||
7 | the Senior Health Insurance Program shall be transferred to the | ||||||
8 | Department on Aging for continued use in supporting the Senior | ||||||
9 | Health Insurance Program as directed by the Governor. | ||||||
10 | Unexpended balances so transferred shall be expended only for | ||||||
11 | the purpose for which the appropriation was originally made. | ||||||
12 | (h) The powers, duties, rights, and responsibilities | ||||||
13 | related to the functions of the Senior Health Insurance Program | ||||||
14 | and transferred from the Department of Insurance by this | ||||||
15 | amendatory Act of the 98th General Assembly shall be vested in | ||||||
16 | and shall be exercised by the Department on Aging. Each act | ||||||
17 | done in exercise of such powers, duties, rights, and | ||||||
18 | responsibilities shall have the same legal effect as if done by | ||||||
19 | the Department of Insurance or one of its divisions, officers, | ||||||
20 | or employees. | ||||||
21 | (i) Every person or entity to whom powers, duties, rights, | ||||||
22 | or responsibilities are transferred under this Section is | ||||||
23 | subject to the same obligations and duties and any penalties, | ||||||
24 | civil or criminal, arising therefrom, and has the same rights | ||||||
25 | arising from the exercise of those powers, duties, rights, and | ||||||
26 | responsibilities, as are prescribed by law in connection with |
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1 | the exercise of those powers, duties, rights, and | ||||||
2 | responsibilities. | ||||||
3 | (j) Every officer of the Department on Aging shall, for any | ||||||
4 | offense, be subject to the same penalty or penalties, civil or | ||||||
5 | criminal, as are prescribed by existing law for the same | ||||||
6 | offense by any officer of the Department of Insurance whose | ||||||
7 | powers or duties were transferred under this amendatory Act of | ||||||
8 | the 98th General Assembly. | ||||||
9 | (k) Whenever reports or notices are required to be made or | ||||||
10 | given or papers or documents furnished or served by any person | ||||||
11 | to or upon the Department of Insurance in connection with any | ||||||
12 | of the functions of the Senior Health Insurance Program | ||||||
13 | transferred by this amendatory Act of the 98th General | ||||||
14 | Assembly, the same shall be made, given, furnished, or served | ||||||
15 | in the same manner to or upon the Department on Aging. | ||||||
16 | (l) This amendatory Act of the 98th General Assembly does | ||||||
17 | not affect any act completed, ratified, or canceled or any | ||||||
18 | right occurring or established or any action or proceeding had | ||||||
19 | or commenced in an administrative, civil, or criminal cause | ||||||
20 | regarding the functions of the Senior Health Insurance Program | ||||||
21 | before the effective date of Executive Order 2013-1; such | ||||||
22 | actions or proceedings may be prosecuted and continued by the | ||||||
23 | Department on Aging. | ||||||
24 | (m) This amendatory Act of the 98th General Assembly does | ||||||
25 | not affect the legality of any rules relating to the functions | ||||||
26 | of the Senior Health Insurance Program that were duly adopted |
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1 | by the Department of Insurance and in full force on the | ||||||
2 | effective date of Executive Order 2013-1. Any proposed rules | ||||||
3 | filed with the Secretary of State by the Department of | ||||||
4 | Insurance pertaining to the transferred functions that are | ||||||
5 | pending in the rulemaking process on the effective date of | ||||||
6 | Executive Order 2013-1 shall be deemed to have been filed by | ||||||
7 | the Department on Aging. As soon as practicable, the affected | ||||||
8 | agencies shall revise and clarify the transferred rules under | ||||||
9 | this amendatory Act of the 98th General Assembly to reflect the | ||||||
10 | reorganization of rights, powers, and duties affected by this | ||||||
11 | amendatory Act of the 98th General Assembly. If necessary, the | ||||||
12 | affected agencies may also propose, adopt, or repeal rules, | ||||||
13 | rule amendments, and rule recodifications using the procedures | ||||||
14 | available under the Illinois Administrative Act as appropriate | ||||||
15 | to effectuate this amendatory Act of the 98th General Assembly, | ||||||
16 | except that existing Title, Part, and Section numbering for the | ||||||
17 | affected rules may be retained. | ||||||
18 | (n) To the extent necessary or prudent to fully implement | ||||||
19 | the intent of this Section, the Department of Insurance and the | ||||||
20 | Department on Aging may enter into one or more interagency | ||||||
21 | agreements to ensure the full and appropriate transfer of all | ||||||
22 | functions of the Senior Health Insurance Program.
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23 | (20 ILCS 105/4.16 new) | ||||||
24 | Sec. 4.16. Senior citizen assistance and information
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25 | program. |
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1 | (a) Pursuant to Section 4.15 of this Act, the Department on | ||||||
2 | Aging shall administer and operate a program to
provide | ||||||
3 | assistance and information to senior citizens in relation to | ||||||
4 | insurance
matters. The program may include, but is not limited | ||||||
5 | to, counseling for senior
citizens in the evaluation, | ||||||
6 | comparison, or selection of Medicare options,
Medicare | ||||||
7 | supplement insurance, and
long-term care insurance. | ||||||
8 | (b) The Department shall recruit and train volunteers to | ||||||
9 | provide the
following: | ||||||
10 | (i) one-on-one counseling on insurance matters; and | ||||||
11 | (ii) education on insurance matters to senior citizens | ||||||
12 | through public
forums. | ||||||
13 | (c) The Department shall solicit the volunteers for their | ||||||
14 | input and advice
on the success and accessibility of the | ||||||
15 | program. | ||||||
16 | (d) The Department shall strive to ensure that all seniors | ||||||
17 | residing in
Illinois have access to the program. | ||||||
18 | (e) The Department may promulgate reasonable rules | ||||||
19 | necessary to
implement this Section.
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20 | (20 ILCS 1405/1405-15 rep.) | ||||||
21 | Section 10. The Department of Insurance Law of the
Civil | ||||||
22 | Administrative Code of Illinois is amended by repealing Section | ||||||
23 | 1405-15.
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24 | Section 97. Severability. The provisions of this Act are |
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1 | severable under Section 1.31 of the Statute on Statutes.
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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