Bill Text: IL SB0005 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois. Provides that, beginning on the effective date of this amendatory Act, the Senior Community Service Employment Program, the federal Illinois Trade Adjustment Assistance Program, the federal Workforce Investment Act of 1998, the federal Workforce Investment Opportunity Act, the Everyone Works Initiative, and the Developmental Disability Placement Group are transferred to the Department of Employment Security. Amends the Illinois Act on Aging, the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, the Illinois Emergency Employment Development Act, the Illinois Workforce Investment Board Act, the Illinois Council on Developmental Disabilities Law, and the Illinois Public Aid Code to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0005 Detail]

Download: Illinois-2015-SB0005-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0005 Introduced 1/15/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
20 ILCS 105/4.01 from Ch. 23, par. 6104.01
20 ILCS 605/605-807
20 ILCS 630/2 from Ch. 48, par. 2402
20 ILCS 630/3 from Ch. 48, par. 2403
20 ILCS 630/5 from Ch. 48, par. 2405
20 ILCS 1005/1005-155
20 ILCS 1005/1005-170 new
20 ILCS 1005/1005-175 new
20 ILCS 1005/1005-180 new
20 ILCS 3975/7.2
20 ILCS 4010/2008 new
305 ILCS 5/9A-3 from Ch. 23, par. 9A-3
Amends the Department of Employment Security Law of the Civil Administrative Code of Illinois. Provides that, beginning on the effective date of this amendatory Act, the Senior Community Service Employment Program, the federal Illinois Trade Adjustment Assistance Program, the federal Workforce Investment Act of 1998, the federal Workforce Investment Opportunity Act, the Everyone Works Initiative, and the Developmental Disability Placement Group are transferred to the Department of Employment Security. Amends the Illinois Act on Aging, the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois, the Illinois Emergency Employment Development Act, the Illinois Workforce Investment Board Act, the Illinois Council on Developmental Disabilities Law, and the Illinois Public Aid Code to make conforming changes.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Act on the Aging is amended by
changing Section 4.01 as follows:
(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
Sec. 4.01. Additional powers and duties of the Department.
In addition to powers and duties otherwise provided by law, the
Department shall have the following powers and duties:
(1) To evaluate all programs, services, and facilities for
the aged and for minority senior citizens within the State and
determine the extent to which present public or private
programs, services and facilities meet the needs of the aged.
(2) To coordinate and evaluate all programs, services, and
facilities for the Aging and for minority senior citizens
presently furnished by State agencies and make appropriate
recommendations regarding such services, programs and
facilities to the Governor and/or the General Assembly.
(2-a) To request, receive, and share information
electronically through the use of data-sharing agreements for
the purpose of (i) establishing and verifying the initial and
continuing eligibility of older adults to participate in
programs administered by the Department; (ii) maximizing

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federal financial participation in State assistance
expenditures; and (iii) investigating allegations of fraud or
other abuse of publicly funded benefits. Notwithstanding any
other law to the contrary, but only for the limited purposes
identified in the preceding sentence, this paragraph (2-a)
expressly authorizes the exchanges of income, identification,
and other pertinent eligibility information by and among the
Department and the Social Security Administration, the
Department of Employment Security, the Department of
Healthcare and Family Services, the Department of Human
Services, the Department of Revenue, the Secretary of State,
the U.S. Department of Veterans Affairs, and any other
governmental entity. The confidentiality of information
otherwise shall be maintained as required by law. In addition,
the Department on Aging shall verify employment information at
the request of a community care provider for the purpose of
ensuring program integrity under the Community Care Program.
(3) To function as the sole State agency to develop a
comprehensive plan to meet the needs of the State's senior
citizens and the State's minority senior citizens.
(4) To receive and disburse State and federal funds made
available directly to the Department including those funds made
available under the Older Americans Act and the Senior
Community Service Employment Program for providing services
for senior citizens and minority senior citizens or for
purposes related thereto, and shall develop and administer any

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State Plan for the Aging required by federal law.
(5) To solicit, accept, hold, and administer in behalf of
the State any grants or legacies of money, securities, or
property to the State of Illinois for services to senior
citizens and minority senior citizens or purposes related
thereto.
(6) To provide consultation and assistance to communities,
area agencies on aging, and groups developing local services
for senior citizens and minority senior citizens.
(7) To promote community education regarding the problems
of senior citizens and minority senior citizens through
institutes, publications, radio, television and the local
press.
(8) To cooperate with agencies of the federal government in
studies and conferences designed to examine the needs of senior
citizens and minority senior citizens and to prepare programs
and facilities to meet those needs.
(9) To establish and maintain information and referral
sources throughout the State when not provided by other
agencies.
(10) To provide the staff support that may reasonably be
required by the Council.
(11) To make and enforce rules and regulations necessary
and proper to the performance of its duties.
(12) To establish and fund programs or projects or
experimental facilities that are specially designed as

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alternatives to institutional care.
(13) To develop a training program to train the counselors
presently employed by the Department's aging network to provide
Medicare beneficiaries with counseling and advocacy in
Medicare, private health insurance, and related health care
coverage plans. The Department shall report to the General
Assembly on the implementation of the training program on or
before December 1, 1986.
(14) To make a grant to an institution of higher learning
to study the feasibility of establishing and implementing an
affirmative action employment plan for the recruitment,
hiring, training and retraining of persons 60 or more years old
for jobs for which their employment would not be precluded by
law.
(15) To present one award annually in each of the
categories of community service, education, the performance
and graphic arts, and the labor force to outstanding Illinois
senior citizens and minority senior citizens in recognition of
their individual contributions to either community service,
education, the performance and graphic arts, or the labor
force. The awards shall be presented to 4 senior citizens and
minority senior citizens selected from a list of 44 nominees
compiled annually by the Department. Nominations shall be
solicited from senior citizens' service providers, area
agencies on aging, senior citizens' centers, and senior
citizens' organizations. The Department shall establish a

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central location within the State to be designated as the
Senior Illinoisans Hall of Fame for the public display of all
the annual awards, or replicas thereof.
(16) To establish multipurpose senior centers through area
agencies on aging and to fund those new and existing
multipurpose senior centers through area agencies on aging, the
establishment and funding to begin in such areas of the State
as the Department shall designate by rule and as specifically
appropriated funds become available.
(17) To develop the content and format of the
acknowledgment regarding non-recourse reverse mortgage loans
under Section 6.1 of the Illinois Banking Act; to provide
independent consumer information on reverse mortgages and
alternatives; and to refer consumers to independent counseling
services with expertise in reverse mortgages.
(18) To develop a pamphlet in English and Spanish which may
be used by physicians licensed to practice medicine in all of
its branches pursuant to the Medical Practice Act of 1987,
pharmacists licensed pursuant to the Pharmacy Practice Act, and
Illinois residents 65 years of age or older for the purpose of
assisting physicians, pharmacists, and patients in monitoring
prescriptions provided by various physicians and to aid persons
65 years of age or older in complying with directions for
proper use of pharmaceutical prescriptions. The pamphlet may
provide space for recording information including but not
limited to the following:

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(a) name and telephone number of the patient;
(b) name and telephone number of the prescribing
physician;
(c) date of prescription;
(d) name of drug prescribed;
(e) directions for patient compliance; and
(f) name and telephone number of dispensing pharmacy.
In developing the pamphlet, the Department shall consult
with the Illinois State Medical Society, the Center for
Minority Health Services, the Illinois Pharmacists Association
and senior citizens organizations. The Department shall
distribute the pamphlets to physicians, pharmacists and
persons 65 years of age or older or various senior citizen
organizations throughout the State.
(19) To conduct a study of the feasibility of implementing
the Senior Companion Program throughout the State.
(20) The reimbursement rates paid through the community
care program for chore housekeeping services and home care
aides shall be the same.
(21) From funds appropriated to the Department from the
Meals on Wheels Fund, a special fund in the State treasury that
is hereby created, and in accordance with State and federal
guidelines and the intrastate funding formula, to make grants
to area agencies on aging, designated by the Department, for
the sole purpose of delivering meals to homebound persons 60
years of age and older.

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(22) To distribute, through its area agencies on aging,
information alerting seniors on safety issues regarding
emergency weather conditions, including extreme heat and cold,
flooding, tornadoes, electrical storms, and other severe storm
weather. The information shall include all necessary
instructions for safety and all emergency telephone numbers of
organizations that will provide additional information and
assistance.
(23) To develop guidelines for the organization and
implementation of Volunteer Services Credit Programs to be
administered by Area Agencies on Aging or community based
senior service organizations. The Department shall hold public
hearings on the proposed guidelines for public comment,
suggestion, and determination of public interest. The
guidelines shall be based on the findings of other states and
of community organizations in Illinois that are currently
operating volunteer services credit programs or demonstration
volunteer services credit programs. The Department shall offer
guidelines for all aspects of the programs including, but not
limited to, the following:
(a) types of services to be offered by volunteers;
(b) types of services to be received upon the
redemption of service credits;
(c) issues of liability for the volunteers and the
administering organizations;
(d) methods of tracking service credits earned and

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service credits redeemed;
(e) issues of time limits for redemption of service
credits;
(f) methods of recruitment of volunteers;
(g) utilization of community volunteers, community
service groups, and other resources for delivering
services to be received by service credit program clients;
(h) accountability and assurance that services will be
available to individuals who have earned service credits;
and
(i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines to
the General Assembly by July 1, 1998.
(24) To function as the sole State agency to receive and
disburse State and federal funds for providing adult protective
services in a domestic living situation in accordance with the
Adult Protective Services Act.
(25) To hold conferences, trainings, and other programs for
which the Department shall determine by rule a reasonable fee
to cover related administrative costs. Rules to implement the
fee authority granted by this paragraph (25) must be adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,

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eff. 8-16-13; 98-756, eff. 7-16-14.)
Section 10. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-807 as follows:
(20 ILCS 605/605-807)
Sec. 605-807. Federal Workforce Training Fund.
(a) The Federal Workforce Training Fund is created as a
special fund in the State treasury. The Department of
Employment Security may accept gifts, grants, awards, matching
contributions, interest income, appropriations, and cost
sharings from individuals, businesses, governments, and other
third party sources, on terms that the Director of the
Department of Employment Security deems advisable. Moneys
received under this Section may be expended for purposes
consistent with the conditions under which those moneys are
received, subject to appropriations made by the General
Assembly for those purposes.
(b) Beginning on the effective date of this amendatory Act
of the 93rd General Assembly, all moneys received by the State
pursuant to the federal Workforce Investment Act or Section
403(a)(5) of the federal Social Security Act shall be deposited
into the Federal Workforce Training Fund, to be used for
purposes consistent with the conditions under which those
moneys are received by the State, except that any moneys

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received pursuant to the federal Workforce Investment Act and
necessary to pay liabilities incurred in connection with that
Act and outstanding as of June 30, 2003, or any moneys received
pursuant to Section 403(a)(5) of the federal Social Security
Act and necessary to pay liabilities incurred in connection
with that Act and outstanding as of June 30, 2003, shall be
deposited into the Title III Social Security and Employment
Fund.
On September 1, 2003, or as soon thereafter as may be
reasonably practical, the State Comptroller shall transfer all
unobligated moneys received by the State pursuant to the
federal Workforce Investment Act or Section 403(a)(5) of the
federal Social Security Act from the Title III Social Security
and Employment Fund to the Federal Workforce Training Fund. The
moneys transferred pursuant to this Amendatory Act of the 93rd
General Assembly may be used or expended for purposes
consistent with the conditions under which those moneys were
received by the State.
(c) Beginning on the effective date of this amendatory Act
of the 93rd General Assembly, all moneys received by the State
pursuant to the federal Illinois Trade Adjustment Assistance
Program shall be deposited into the Federal Workforce Training
Fund, to be used for purposes consistent with the conditions
under which those moneys are received by the State, except that
any moneys received pursuant to the federal Illinois Trade
Adjustment Assistance Program and necessary to pay liabilities

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incurred in connection with that program and outstanding as of
June 30, 2003, shall be deposited into the Title III Social
Security and Employment Fund.
On July 1, 2003 or as soon thereafter as may be reasonably
practical, the State Comptroller shall make one or more
transfers of all moneys received by the State pursuant to the
federal Illinois Trade Adjustment Assistance Program in excess
of those necessary to pay liabilities in connection with that
program and outstanding as of June 30, 2003 from the Title III
Social Security and Employment Fund to the Federal Workforce
Training Fund. The moneys transferred pursuant to this
amendatory Act of the 93rd General Assembly may be used or
expended for purposes consistent with the conditions under
which those moneys were received by the State.
(d) Beginning on the effective date of this amendatory Act
of the 99th General Assembly, the provisions of this Section
shall be administered by the Department of Employment Security.
(Source: P.A. 93-25, eff. 6-20-03.)
Section 15. The Illinois Emergency Employment Development
Act is amended by changing Sections 2, 3, and 5 as follows:
(20 ILCS 630/2) (from Ch. 48, par. 2402)
Sec. 2. For the purposes of this Act, the following words
have the meanings ascribed to them in this Section.
(a) "Advisory Committee" means the 21st Century Workforce

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Development Fund Advisory Committee, established under the
21st Century Workforce Development Fund Act.
(b) "Coordinator" means the Illinois Emergency Employment
Development Coordinator appointed under Section 3.
(c) "Department" means the Illinois Department of
Employment Security Commerce and Economic Opportunity.
(d) "Director" means the Director of Employment Security
Commerce and Economic Opportunity.
(e) "Eligible business" means a for-profit business.
(f) "Eligible employer" means an eligible nonprofit
agency, or an eligible business.
(g) "Eligible job applicant" means a person who (1) has
been a resident of this State for at least one year; and (2) is
unemployed; and (3) is not receiving and is not qualified to
receive unemployment compensation or workers' compensation;
and (4) is determined by the employment administrator to be
likely to be available for employment by an eligible employer
for the duration of the job.
(h) "Eligible nonprofit agency" means an organization
exempt from taxation under the Internal Revenue Code of 1954,
Section 501(c)(3).
(i) "Employment administrator" means the administrative
entity designated by the Coordinator, and approved by the
Advisory Committee, to administer the provisions of this Act in
each service delivery area. With approval of the Advisory
Committee, the Coordinator may designate an administrative

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entity authorized under the Workforce Investment Act or
private, public, or non-profit entities that have proven
effectiveness in providing training, workforce development,
and job placement services to low-income individuals.
(j) "Fringe benefits" means all non-salary costs for each
person employed under the program, including, but not limited
to, workers compensation, unemployment insurance, and health
benefits, as would be provided to non-subsidized employees
performing similar work.
(k) "Household" means a group of persons living at the same
residence consisting of, at a maximum, spouses and the minor
children of each.
(l) "Program" means the Illinois Emergency Employment
Development Program created by this Act consisting of new job
creation in the private sector.
(m) "Service delivery area" means an area designated as a
Local Workforce Investment Area by the State.
(n) "Workforce Investment Act" means the federal Workforce
Investment Act of 1998, any amendments to that Act, and any
other applicable federal statutes.
(Source: P.A. 97-581, eff. 8-26-11.)
(20 ILCS 630/3) (from Ch. 48, par. 2403)
Sec. 3. Illinois Emergency Employment Development
Coordinator.
(a) The governor shall appoint an Illinois Emergency

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Employment Development Coordinator to administer the
provisions of this Act. The coordinator shall be within the
Department of Employment Security Commerce and Economic
Opportunity, but shall be responsible directly to the governor.
The coordinator shall have the powers necessary to carry out
the purpose of the program.
(b) The coordinator shall:
(1) recommend one or more Employment Administrators
for each service delivery area for approval by the Advisory
Committee, with recommendations based on the demonstrated
ability of the Employment Administrator to identify and
address local needs;
(2) enter into a contract with one or more Employment
Administrators in each service delivery area;
(3) assist the Employment Administrator in developing
a satisfactory plan if an Employment Administrator submits
one that does not conform to program requirements;
(4) convene and provide staff support to the Advisory
Committee;
(5) coordinate the program with other State agencies
and services including public benefits and workforce
programs for unemployed individuals; and
(6) perform general program marketing and monitoring
functions.
(c) The coordinator shall administer the program within the
Department of Employment Security Commerce and Economic

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Opportunity. The Director of Employment Security Commerce and
Economic Opportunity shall provide administrative support
services to the coordinator for the purposes of the program.
(d) The coordinator shall report to the Governor, the
Advisory Committee, and the General Assembly on a quarterly
basis concerning (1) the number of persons employed under the
program; (2) the number and type of employers under the
program; (3) the amount of money spent in each service delivery
area for wages for each type of employment and each type of
other expenses; (4) the number of persons who have completed
participation in the program and their current employment,
educational or training status; (5) any information requested
by the General Assembly, the Advisory Committee, or governor or
deemed pertinent by the coordinator; and (6) any identified
violations of this Act and actions taken. Each report shall
include cumulative information, as well as information for each
quarter.
(e) Rules. The Director of Employment Security Commerce and
Economic Opportunity, with the advice of the coordinator and
the Advisory Committee, shall adopt rules for the
administration and enforcement of this Act.
(Source: P.A. 96-995, eff. 1-1-11; 97-581, eff. 8-26-11.)
(20 ILCS 630/5) (from Ch. 48, par. 2405)
Sec. 5. (a) Allocation of funds among eligible job
applicants within a service delivery area shall be determined

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by the Private Industry Council for each such service delivery
area. The Private Industry Council shall give priority to
(1) applicants living in households with no other
income source; and
(2) applicants who would otherwise be eligible to
receive general assistance.
(b) Allocation of funds among eligible employers within
each service delivery area shall be determined by the Private
Industry Council for each such area according to the priorities
which the Director of Employment Security Commerce and Economic
Opportunity, upon recommendation of the coordinator, shall by
rule establish. The Private Industry Council shall give
priority to funding private sector jobs to the extent that
businesses apply for funds.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 20. The Department of Employment Security Law of
the Civil Administrative Code of Illinois is amended by
changing Section 1005-155 and by adding Sections 1005-170,
1005-175, and 1005-180 as follows:
(20 ILCS 1005/1005-155)
Sec. 1005-155. Illinois Employment and Training Centers
report. The Department of Employment Security, or the State
agency responsible for the oversight of the federal Workforce
Investment Act of 1998 if that agency is not the Department of

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Employment Security, shall prepare a report for the Governor
and the General Assembly regarding the progress of the Illinois
Employment and Training Centers in serving individuals with
disabilities. The report must include, but is not limited to,
the following: (i) the number of individuals referred to the
Illinois Employment and Training Centers by the Department of
Human Services Office of Rehabilitation Services; (ii) the
total number of disabled individuals served by the Illinois
Employment and Training Centers; (iii) the number of disabled
individuals served in federal Workforce Investment Act of 1998
employment and training programs; (iv) the number of
individuals with disabilities annually placed in jobs by the
Illinois Employment and Training Centers; and (v) the number of
individuals with disabilities referred by the Illinois
Employment and Training Centers to the Department of Human
Services Office of Rehabilitation Services. The report is due
by December 31, 2004 based on the previous State program year
of July 1 through June 30, and is due annually thereafter.
"Individuals with disabilities" are defined as those who
self-report as being qualified as disabled under the 1973
Rehabilitation Act or the 1990 Americans with Disabilities Act,
for the purposes of this Law.
Beginning on the effective date of this amendatory Act of
the 99th General Assembly, the Department of Employment
Security shall be the State agency responsible for the
oversight of the federal Workforce Investment Act of 1998, and

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its successor the federal Workforce Investment Opportunity
Act.
(Source: P.A. 93-639, eff. 6-1-04.)
(20 ILCS 1005/1005-170 new)
Sec. 1005-170. Transfer of programs; Department of
Commerce and Economic Opportunity.
(a) Beginning on the effective date of this amendatory Act
of the 99th General Assembly, all rights and responsibilities
under the following programs and Acts are transferred to and
administered by the Department of Employment Security: the
Senior Community Service Employment Program; the federal
Illinois Trade Adjustment Assistance Program; and the federal
Workforce Investment Act of 1998, together with its successor,
the federal Workforce Investment Opportunity Act.
(b) The personnel of the Department of Commerce and
Economic Opportunity administering the programs listed in
subsection (a) of this Section shall be transferred to the
Department of Employment Security at the discretion of the
Director of Employment Security. The status and rights of such
employees under the Personnel Code shall not be affected by the
transfer. The rights of the employees and the State of Illinois
and its agencies under the Personnel Code and applicable
collective bargaining agreements or under any pension,
retirement, or annuity plan shall not be affected by this
amendatory Act. To the extent that an employee performs duties

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for the programs listed in subsection (a) of this Section
within the Department of Commerce and Economic Opportunity or
any other State agency, that employee shall be transferred at
the discretion of the Director of Employment Security.
(c) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities transferred by this amendatory Act from the
Department of Commerce and Economic Opportunity or any other
State agency, including, but not limited to, material in
electronic or magnetic format and necessary computer hardware
and software, shall be transferred to the Department of
Employment Security.
(d) All unexpended appropriations and balances and other
funds available for use by the Department of Commerce and
Economic Opportunity or any other State agency for the programs
listed in subsection (a) of this Section shall be transferred
for use by the Department of Employment Security at the
direction of the Governor. Unexpended balances so transferred
shall be expended only for the purpose for which the
appropriations were originally made.
(e) The powers, duties, rights, and responsibilities
transferred from the Department of Commerce and Economic
Opportunity or any other State agency by this amendatory Act
shall be vested in and shall be exercised by the Department of
Employment Security.

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(f) Whenever reports or notices are now required to be made
or given or papers or documents furnished or served by any
person to or upon the Department of Commerce and Economic
Opportunity or any other State agency in connection with any of
the powers, duties, rights, and responsibilities transferred
by this amendatory Act, the same shall be made, given,
furnished, or served in the same manner to or upon the
Department of Employment Security.
(g) This amendatory Act does not affect any act done,
ratified, or canceled or any right occurring or established or
any action or proceeding had or commenced in an administrative,
civil, or criminal cause by the Department of Commerce and
Economic Opportunity or any other State agency before this
amendatory Act takes effect; such actions or proceedings may be
prosecuted and continued by the Department of Employment
Security.
(h) Any rules of the Department of Commerce and Economic
Opportunity or any other State agency that relate to the
powers, duties, rights, and responsibilities transferred by
this amendatory Act and that are in full force on the effective
date of this amendatory Act shall become the rules of the
Department of Employment Security. This amendatory Act does not
affect the legality of any such rules in the Illinois
Administrative Code.
Any proposed rules filed with the Secretary of State by the
Department of Commerce and Economic Opportunity or any other

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State agency that are pending in the rulemaking process on the
effective date of this amendatory Act and pertain to the
powers, duties, rights, and responsibilities transferred,
shall be deemed to have been filed by the Department of
Employment Security. As soon as practicable hereafter, the
Department of Employment Security shall revise and clarify the
rules transferred to it under this amendatory Act to reflect
the reorganization of powers, duties, rights, and
responsibilities affected by this amendatory Act, using the
procedures for recodification of rules available under the
Illinois Administrative Procedure Act, except that existing
title, part, and section numbering for the affected rules may
be retained. The Department of Employment Security may propose
and adopt under the Illinois Administrative Procedure Act such
other rules of the Department of Commerce and Economic
Opportunity or any other State agency that will now be
administered by the Department of Employment Security.
(i) Beginning on the effective date of this amendatory Act
of the 99th General Assembly, all references to the Department
of Commerce and Economic Opportunity regarding the programs and
Acta listed in subsection (a) of this Section shall be
construed as references to the Department of Employment
Security.
(20 ILCS 1005/1005-175 new)
Sec. 1005-175. Transfer of programs; Council on

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Developmental Disabilities.
(a) Beginning on the effective date of this amendatory Act
of the 99th General Assembly, the Everyone Works Initiative and
Developmental Disability Placement Group of the Council on
Developmental Disabilities are transferred to and administered
by the Department of Employment Security.
(b) The personnel of the Council on Developmental
Disabilities administering the programs listed in subsection
(a) of this Section shall be transferred to the Department of
Employment Security at the discretion of the Director of
Employment Security. The status and rights of such employees
under the Personnel Code shall not be affected by the transfer.
The rights of the employees and the State of Illinois and its
agencies under the Personnel Code and applicable collective
bargaining agreements or under any pension, retirement, or
annuity plan shall not be affected by this amendatory Act. To
the extent that an employee performs duties for the programs
listed in subsection (a) of this Section within the Council on
Developmental Disabilities, that employee shall be transferred
at the discretion of the Director of Employment Security.
(c) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities transferred by this amendatory Act from the
Council on Developmental Disabilities, including, but not

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limited to, material in electronic or magnetic format and
necessary computer hardware and software, shall be transferred
to the Department of Employment Security.
(d) All unexpended appropriations and balances and other
funds available for use by the Council on Developmental
Disabilities for the programs listed in subsection (a) of this
Section shall be transferred for use by the Department of
Employment Security at the direction of the Governor.
Unexpended balances so transferred shall be expended only for
the purpose for which the appropriations were originally made.
(e) The powers, duties, rights, and responsibilities
transferred from the Council on Developmental Disabilities by
this amendatory Act shall be vested in and shall be exercised
by the Department of Employment Security.
(f) Whenever reports or notices are now required to be made
or given or papers or documents furnished or served by any
person to or upon the Council on Developmental Disabilities in
connection with any of the powers, duties, rights, and
responsibilities transferred by this amendatory Act, the same
shall be made, given, furnished, or served in the same manner
to or upon the Department of Employment Security.
(g) This amendatory Act does not affect any act done,
ratified, or canceled or any right occurring or established or
any action or proceeding had or commenced in an administrative,
civil, or criminal cause by the Council on Developmental
Disabilities before this amendatory Act takes effect; such

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actions or proceedings may be prosecuted and continued by the
Department of Employment Security.
(h) Any rules of the Council on Developmental Disabilities
that relate to the powers, duties, rights, and responsibilities
transferred by this amendatory Act and that are in full force
on the effective date of this amendatory Act shall become the
rules of the Department of Employment Security. This amendatory
Act does not affect the legality of any such rules in the
Illinois Administrative Code.
Any proposed rules filed with the Secretary of State by the
Council on Developmental Disabilities that are pending in the
rulemaking process on the effective date of this amendatory Act
and pertain to the powers, duties, rights, and responsibilities
transferred, shall be deemed to have been filed by the
Department of Employment Security. As soon as practicable
hereafter, the Department of Employment Security shall revise
and clarify the rules transferred to it under this amendatory
Act to reflect the reorganization of powers, duties, rights,
and responsibilities affected by this amendatory Act, using the
procedures for recodification of rules available under the
Illinois Administrative Procedure Act, except that existing
title, part, and section numbering for the affected rules may
be retained. The Department of Employment Security may propose
and adopt under the Illinois Administrative Procedure Act such
other rules of the Council on Developmental Disabilities that
will now be administered by the Department of Employment

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Security.
(20 ILCS 1005/1005-180 new)
Sec. 1005-180. Senior Community Service Employment
Program. The Department shall receive and disburse State and
federal funds made available under the Senior Community Service
Employment Program for providing services for senior citizens.
Section 25. The Illinois Workforce Investment Board Act is
amended by changing Section 7.2 as follows:
(20 ILCS 3975/7.2)
Sec. 7.2. Posting requirements; Department of Employment
Security's Commerce and Economic Opportunity's website. On and
after the effective date of this amendatory Act of the 97th
General Assembly, the Illinois Workforce Investment Board must
annually submit to the Employment Security Department of
Commerce and Economic Opportunity the following information to
be posted on the Department's official Internet website:
(1) All agendas and meeting minutes for meetings of the
Illinois Workforce Investment Board.
(2) All line-item budgets for the local workforce
investment areas located within the State.
(3) A listing of all contracts and contract values for
all workforce development training and service providers.
The information required under this Section must be posted

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on the Department of Employment Security's Commerce and
Economic Opportunity's Internet website no later than 30 days
after the Department receives the information from the Illinois
Workforce Investment Board.
(Source: P.A. 97-356, eff. 1-1-12.)
Section 30. The Illinois Council on Developmental
Disabilities Law is amended by adding Section 2008 as follows:
(20 ILCS 4010/2008 new)
Sec. 2008. Transfer of programs. Beginning on the effective
date of this amendatory Act of the 99th General Assembly, the
Council's Everyone Works Initiative and Developmental
Disability Placement Group shall be transferred to and
administered by the Department of Employment Security under
Section 1005-175 of the Department of Employment Security Law
of the Civil Administrative Code of Illinois.
Section 35. The Illinois Public Aid Code is amended by
changing Section 9A-3 as follows:
(305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
Sec. 9A-3. Establishment of Program and Level of Services.
(a) The Illinois Department shall establish and maintain a
program to provide recipients with services consistent with the
purposes and provisions of this Article. The program offered in

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different counties of the State may vary depending on the
resources available to the State to provide a program under
this Article, and no program may be offered in some counties,
depending on the resources available. Services may be provided
directly by the Illinois Department or through contract.
References to the Illinois Department or staff of the Illinois
Department shall include contractors when the Illinois
Department has entered into contracts for these purposes. The
Illinois Department shall provide each recipient who
participates with such services available under the program as
are necessary to achieve his employability plan as specified in
the plan.
(b) The Illinois Department, in operating the program,
shall cooperate with public and private education and
vocational training or retraining agencies or facilities, the
Illinois State Board of Education, the Illinois Community
College Board, the Department Departments of Employment
Security and Commerce and Economic Opportunity or other
sponsoring organizations funded under the federal Workforce
Investment Act and other public or licensed private employment
agencies.
(Source: P.A. 93-598, eff. 8-26-03; 94-793, eff. 5-19-06.)