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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1688 Introduced 2/15/2019, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
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Creates the Department of Health and Human Services Act and amends various Acts. Abolishes the Department of Human Services, the Department of Healthcare and Family Services, and the Department on Aging and transfers the functions of those agencies to the Department of Health and Human Services, which is created. Provides that the Secretary of Health and Human Services is the head of the new agency and transfers the staffs, records, and unexpended funds of the abolished agencies to the Department of Health and Human Services. Provides that the Secretary of Health and Human Services shall take all steps necessary to accomplish administrative efficiencies, staff reductions, containment of costs, and reallocation of existing resources and that the Secretary shall submit a report on those accomplishments to the General Assembly and the Governor. Makes conforming changes in other Acts. Effective July 1, 2020.
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| | | FISCAL NOTE ACT MAY APPLY | |
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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 1. Short title. This Act may be cited as the |
| 5 | | Department of Health and Human Services Act.
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| 6 | | Section 5. Department of Health and Human Services. |
| 7 | | (a) The Department of Health and Human Services is created. |
| 8 | | (b) The Department of Health and Human Services shall have |
| 9 | | as its head the Secretary of Health and Human Services, who |
| 10 | | shall be responsible for all of the Department's functions. The |
| 11 | | Governor shall appoint the Secretary, by and with the advice |
| 12 | | and consent of the Senate. Vacancies in the office of Secretary |
| 13 | | shall be filled as provided in Section 5-605 of the Civil |
| 14 | | Administrative Code of Illinois. |
| 15 | | (c) The Department of Health and Human Services shall have |
| 16 | | such assistants and deputies as may be appropriate for the |
| 17 | | efficient operation of the Department. |
| 18 | | (d) The Secretary of Health and Human Services shall create |
| 19 | | divisions and administrative units within the Department of |
| 20 | | Health and Human Services and shall assign functions, powers, |
| 21 | | duties, and personnel as may be required by State or federal |
| 22 | | law. |
| 23 | | (e) Whenever the Secretary of Health and Human Services is |
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| 1 | | authorized to take any action or required by law to consider or |
| 2 | | make findings, the Secretary may delegate or appoint, in |
| 3 | | writing, an officer or employee of the Department of Health and |
| 4 | | Human Services to take that action or make that finding. |
| 5 | | (f) The Department of Health and Human Services is the |
| 6 | | successor agency to the Department of Human Services, the |
| 7 | | Department of Healthcare and Family Services, and the |
| 8 | | Department on Aging for purposes of the Successor Agency Act |
| 9 | | and for purposes of Section 9b of the State Finance Act.
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| 10 | | Section 10. Agencies abolished. The Department of Human |
| 11 | | Services, the Department of Healthcare and Family Services, and |
| 12 | | the Department on Aging are abolished.
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| 13 | | Section 15. Functions transferred. |
| 14 | | (a) All of the functions of the Department of Human |
| 15 | | Services, the Department of Healthcare and Family Services, and |
| 16 | | the Department on Aging, and all of the powers and duties, |
| 17 | | including funding mechanisms, associated with or related to |
| 18 | | those functions and vested by law in one of those agencies or |
| 19 | | in any office, division, council, committee, bureau, board, |
| 20 | | commission, officer, employee, or other individual or entity |
| 21 | | associated with one of those agencies, are transferred to the |
| 22 | | Department of Health and Human Services. |
| 23 | | (b) The functions, powers, and duties transferred to the |
| 24 | | Department of Health and Human Services under this Act are not |
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| 1 | | affected by this Act, except that they shall be carried out by |
| 2 | | the Department of Health and Human Services on and after the |
| 3 | | effective date of this Act.
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| 4 | | Section 20. Representation on boards or other entities. |
| 5 | | When any provision of an Executive Order or Act provides for |
| 6 | | the membership of the Secretary of Human Services, the Director |
| 7 | | of Healthcare and Family Services, or the Director of Aging on |
| 8 | | any council, commission, board, or other entity, the Secretary |
| 9 | | of Health and Human Services or his or her designee shall serve |
| 10 | | in that place. If more than one such person is required by law |
| 11 | | to serve on any council, commission, board, or other entity, |
| 12 | | then an equivalent number of representatives of the Department |
| 13 | | of Health and Human Services shall so serve.
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| 14 | | Section 25. Employees transferred. The employees of the |
| 15 | | Department of Human Services, the Department of Healthcare and |
| 16 | | Family Services, and the Department on Aging engaged in |
| 17 | | performing the functions of those agencies transferred to the |
| 18 | | Department of Health and Human Services under this Act shall be |
| 19 | | transferred to the Department of Health and Human Services. The |
| 20 | | status and rights of those employees, and the rights of the |
| 21 | | State of Illinois and its agencies, under the Personnel Code |
| 22 | | and applicable collective bargaining agreements or under any |
| 23 | | pension, retirement, or annuity plan are not affected by that |
| 24 | | transfer or by any other provision of this Act.
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| 1 | | Section 30. Books and records transferred. All books, |
| 2 | | records, papers, documents, property (real and personal), |
| 3 | | contracts, and pending business pertaining to the powers and |
| 4 | | duties transferred under this Act from the Department of Human |
| 5 | | Services, the Department of Healthcare and Family Services, and |
| 6 | | the Department on Aging to the Department of Health and Human |
| 7 | | Services, including but not limited to material in electronic |
| 8 | | or magnetic format and necessary computer hardware and |
| 9 | | software, shall be delivered to the Department of Health and |
| 10 | | Human Services.
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| 11 | | Section 35. Unexpended moneys transferred. All unexpended |
| 12 | | appropriations and balances and other moneys available for use |
| 13 | | in connection with any of the functions transferred to the |
| 14 | | Department of Health and Human Services under this Act shall be |
| 15 | | transferred for use by that Department for the exercise of |
| 16 | | those functions pursuant to the direction of the Governor. |
| 17 | | Unexpended balances so transferred shall be expended only for |
| 18 | | the purpose for which the appropriations were originally made.
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| 19 | | Section 40. Exercise of transferred powers; savings |
| 20 | | provisions. |
| 21 | | (a) The powers and duties related to the functions |
| 22 | | transferred to the Department of Health and Human Services |
| 23 | | under this Act are vested in and shall be exercised by that |
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| 1 | | Department. Each act done by the Department of Health and Human |
| 2 | | Services or any of its officers, employees, or agents in the |
| 3 | | exercise of those powers and duties shall have the same legal |
| 4 | | effect as if done by the Department of Human Services, the |
| 5 | | Department of Healthcare and Family Services, or the Department |
| 6 | | on Aging, or the divisions, officers, employees, or agents of |
| 7 | | those agencies. |
| 8 | | (b) The transfer of functions to the Department of Health |
| 9 | | and Human Services under this Act does not invalidate any |
| 10 | | action taken by the Department of Human Services, the |
| 11 | | Department of Healthcare and Family Services, or the Department |
| 12 | | on Aging before the effective date of this Act. |
| 13 | | (c) The transfer of functions to the Department of Health |
| 14 | | and Human Services under this Act does not affect the powers or |
| 15 | | duties of any registrant, licensee, or regulated entity arising |
| 16 | | out of those transferred functions.
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| 17 | | Section 45. Officers, employees, and agents; penalties. |
| 18 | | Every officer, employee, and agent of the Department of Health |
| 19 | | and Human Services is, for any offense, subject to the same |
| 20 | | penalty or penalties, civil or criminal, as are prescribed by |
| 21 | | the law in effect on the effective date of this Act for the |
| 22 | | same offense by any officer, employee, or agent whose powers or |
| 23 | | duties are transferred under this Act.
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| 24 | | Section 55. Reports, notices, or papers. Whenever reports |
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| 1 | | or notices are required to be made or given or papers or |
| 2 | | documents furnished or served by any person to or upon the |
| 3 | | Department of Human Services, the Department of Healthcare and |
| 4 | | Family Services, or the Department on Aging in connection with |
| 5 | | any function transferred under this Act, the same shall be |
| 6 | | made, given, furnished, or served in the same manner to or upon |
| 7 | | the Department of Health and Human Services.
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| 8 | | Section 60. Acts and actions unaffected by transfer. This |
| 9 | | Act does not affect any act done, ratified, or canceled, or any |
| 10 | | right occurring or established, before the effective date of |
| 11 | | this Act in connection with any function transferred under this |
| 12 | | Act. This Act does not affect any action or proceeding had or |
| 13 | | commenced before the effective date of this Act in an |
| 14 | | administrative, civil, or criminal cause regarding the |
| 15 | | Department of Human Services, the Department of Healthcare and |
| 16 | | Family Services, or the Department on Aging, but any such |
| 17 | | action or proceeding may be prosecuted, defended, or continued |
| 18 | | by the Department of Health and Human Services.
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| 19 | | Section 65. Rules. |
| 20 | | (a) Any rule of the Department of Human Services, the |
| 21 | | Department of Healthcare and Family Services, or the Department |
| 22 | | on Aging that (i) relates to the functions transferred under |
| 23 | | this Act, (ii) was in full force on the effective date of this |
| 24 | | Act, and (iii) was duly adopted by one of those agencies shall |
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| 1 | | become the rule of the Department of Health and Human Services. |
| 2 | | This Act does not affect the legality of any such rules |
| 3 | | contained in the Illinois Administrative Code. |
| 4 | | (b) Any proposed rule filed with the Secretary of State by |
| 5 | | the Department of Human Services, the Department of Healthcare |
| 6 | | and Family Services, or the Department on Aging that was |
| 7 | | pending in the rulemaking process on the effective date of this |
| 8 | | Act and that pertains to the functions transferred under this |
| 9 | | Act shall be deemed to have been filed by the Department of |
| 10 | | Health and Human Services. |
| 11 | | (c) As soon as practicable after the effective date of this |
| 12 | | Act, the Department of Health and Human Services shall revise |
| 13 | | and clarify the rules transferred to it under this Section to |
| 14 | | reflect the reorganization of powers and duties effected by |
| 15 | | this Act, using the procedures for recodification of rules |
| 16 | | available under the Illinois Administrative Procedure Act, |
| 17 | | except that existing title, part, and section numbering for the |
| 18 | | affected rules may be retained. |
| 19 | | (d) All rulemaking authority of the Secretary of Health and |
| 20 | | Human Services shall be exercised jointly by the Secretary and |
| 21 | | the designee assigned to oversee functions that are the subject |
| 22 | | of the rule. |
| 23 | | (e) The Department of Health and Human Services may propose |
| 24 | | and adopt other rules, as necessary, to consolidate and clarify |
| 25 | | the rules formerly administered by the Department of Human |
| 26 | | Services, the Department of Healthcare and Family Services, or |
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| 1 | | the Department on Aging.
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| 2 | | Section 70. Efficiencies; report. The Secretary of Health |
| 3 | | and Human Services shall take all steps necessary to accomplish |
| 4 | | administrative efficiencies, staff reductions, containment of |
| 5 | | costs, and reallocation of existing resources. No later than |
| 6 | | December 31, 2020, the Secretary shall submit a report on those |
| 7 | | accomplishments to the General Assembly and the Governor.
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| 8 | | Section 900. The Statute on Statutes is amended by adding |
| 9 | | Section 1.43 as follows:
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| 10 | | (5 ILCS 70/1.43 new) |
| 11 | | Sec. 1.43. Department of Health and Human Services. |
| 12 | | References in any Act to the Department of Human Services, the |
| 13 | | Department of Healthcare and Family Services, the Department on |
| 14 | | Aging, and any of their predecessor agencies are, in |
| 15 | | appropriate contexts, deemed to be references to the Department |
| 16 | | of Health and Human Services. References in any Act to the |
| 17 | | Secretary of Human Services, the Director of Healthcare and |
| 18 | | Family Services, the Director of Aging, and any of their |
| 19 | | predecessors are, in appropriate contexts, deemed to be |
| 20 | | references to the Secretary of Health and Human Services.
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| 21 | | Section 905. The Civil Administrative Code of Illinois is |
| 22 | | amended by changing Sections 1-5, 5-10, 5-15, 5-20, 5-520, |
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| 1 | | 5-545, 5-550, and 5-565 and adding Sections 5-218 and 5-352 as |
| 2 | | follows:
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| 3 | | (20 ILCS 5/1-5)
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| 4 | | Sec. 1-5. Articles. The Civil Administrative Code of |
| 5 | | Illinois consists
of the following Articles:
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| 6 | | Article 1. General Provisions (20 ILCS 5/1-1 and |
| 7 | | following).
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| 8 | | Article 5. Departments of State Government Law (20 ILCS |
| 9 | | 5/5-1 and following).
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| 10 | | Article 50. State Budget Law (15 ILCS 20/).
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| 11 | | Article 110. Department on Aging Law (20 ILCS 110/).
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| 12 | | Article 205. Department of Agriculture Law (20 ILCS 205/).
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| 13 | | Article 250. State Fair Grounds Title Law (5 ILCS 620/).
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| 14 | | Article 310. Substance Use Disorder Department of Human |
| 15 | | Services (Alcoholism and Substance Abuse)
Law (20 ILCS 310/).
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| 16 | | Article 405. Department of Central Management Services Law |
| 17 | | (20 ILCS 405/).
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| 18 | | Article 510. Department of Children and Family Services |
| 19 | | Powers Law (20 ILCS
510/).
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| 20 | | Article 605. Department of Commerce and Economic |
| 21 | | Opportunity Law (20 ILCS 605/).
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| 22 | | Article 805. Department of Natural Resources |
| 23 | | (Conservation) Law (20 ILCS
805/).
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| 24 | | Article 1005. Department of Employment Security Law (20 |
| 25 | | ILCS 1005/).
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| 1 | | Article 1405. Department of Insurance Law (20 ILCS 1405/).
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| 2 | | Article 1505. Department of Labor Law (20 ILCS 1505/).
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| 3 | | Article 1710. Department of Human Services (Mental Health |
| 4 | | and Developmental
Disabilities) Law (20 ILCS 1710/).
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| 5 | | Article 1905. Department of Natural Resources (Mines and |
| 6 | | Minerals) Law (20
ILCS
1905/).
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| 7 | | Article 2105. Department of Professional Regulation Law |
| 8 | | (20 ILCS 2105/).
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| 9 | | Article 2205. Department of Healthcare and Family Services |
| 10 | | Law (20 ILCS 2205/).
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| 11 | | Article 2310. Department of Public Health Powers and Duties |
| 12 | | Law (20 ILCS
2310/).
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| 13 | | Article 2505. Department of Revenue Law (20 ILCS 2505/).
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| 14 | | Article 2510. Certified Audit Program Law (20 ILCS 2510/).
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| 15 | | Article 2605. Department of State Police Law (20 ILCS |
| 16 | | 2605/).
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| 17 | | Article 2705. Department of Transportation Law (20 ILCS |
| 18 | | 2705/).
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| 19 | | Article 3000. University of Illinois Exercise of Functions |
| 20 | | and Duties Law
(110 ILCS 355/).
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| 21 | | (Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
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| 22 | | (20 ILCS 5/5-10) (was 20 ILCS 5/2.1)
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| 23 | | Sec. 5-10. "Director". As used in the Civil Administrative |
| 24 | | Code of
Illinois, unless the context clearly indicates
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| 25 | | otherwise, the word "director" means the several directors of |
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| 1 | | the departments
of State government as designated in Section |
| 2 | | 5-20 of this Law and includes the Secretary of Financial and |
| 3 | | Professional Regulation, the Secretary of Innovation and |
| 4 | | Technology, the
Secretary of Health and Human Services, and the |
| 5 | | Secretary of Transportation.
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| 6 | | (Source: P.A. 100-611, eff. 7-20-18.)
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| 7 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
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| 8 | | Sec. 5-15. Departments of State government. The |
| 9 | | Departments of
State government are created as follows:
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| 10 | | The Department on Aging.
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| 11 | | The Department of Agriculture.
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| 12 | | The Department of Central Management Services.
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| 13 | | The Department of Children and Family Services.
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| 14 | | The Department of Commerce and Economic Opportunity.
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| 15 | | The Department of Corrections.
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| 16 | | The Department of Employment Security.
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| 17 | | The Illinois Emergency Management Agency.
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| 18 | | The Department of Financial and Professional Regulation.
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| 19 | | The Department of Healthcare and Family Services.
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| 20 | | The Department of Health and Human Services. |
| 21 | | The Department of Human Rights.
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| 22 | | The Department of Human Services.
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| 23 | | The Department of Innovation and Technology. |
| 24 | | The Department of Insurance. |
| 25 | | The Department of Juvenile Justice.
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| 1 | | The Department of Labor.
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| 2 | | The Department of the Lottery.
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| 3 | | The Department of Natural Resources.
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| 4 | | The Department of Public Health.
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| 5 | | The Department of Revenue.
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| 6 | | The Department of State Police.
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| 7 | | The Department of Transportation.
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| 8 | | The Department of Veterans' Affairs.
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| 9 | | (Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
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| 10 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
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| 11 | | Sec. 5-20. Heads of departments. Each department shall have |
| 12 | | an
officer as its head who shall
be known as director or |
| 13 | | secretary and who shall, subject to the
provisions of the Civil |
| 14 | | Administrative Code of Illinois,
execute the powers and |
| 15 | | discharge the duties
vested by law in his or her respective |
| 16 | | department.
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| 17 | | The following officers are hereby created:
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| 18 | | Director of Aging, for the Department on Aging.
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| 19 | | Director of Agriculture, for the Department of |
| 20 | | Agriculture.
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| 21 | | Director of Central Management Services, for the |
| 22 | | Department of Central
Management Services.
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| 23 | | Director of Children and Family Services, for the |
| 24 | | Department of Children and
Family Services.
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| 25 | | Director of Commerce and Economic Opportunity, for
the |
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| 1 | | Department of Commerce
and Economic Opportunity.
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| 2 | | Director of Corrections, for the Department of |
| 3 | | Corrections.
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| 4 | | Director of the Illinois Emergency Management Agency, for |
| 5 | | the Illinois Emergency Management Agency.
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| 6 | | Director of Employment Security, for the Department of |
| 7 | | Employment Security.
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| 8 | | Secretary of Financial and Professional Regulation, for |
| 9 | | the Department of Financial and Professional Regulation.
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| 10 | | Director of Healthcare and Family Services, for the |
| 11 | | Department of Healthcare and Family Services.
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| 12 | | Secretary of Health and Human Services, for the Department |
| 13 | | of Health and Human Services. |
| 14 | | Director of Human Rights, for the Department of Human |
| 15 | | Rights.
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| 16 | | Secretary of Human Services, for the Department of Human |
| 17 | | Services.
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| 18 | | Secretary of Innovation and Technology, for the Department |
| 19 | | of Innovation and Technology. |
| 20 | | Director of Insurance, for the Department of Insurance. |
| 21 | | Director of Juvenile Justice, for the Department of |
| 22 | | Juvenile Justice.
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| 23 | | Director of Labor, for the Department of Labor.
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| 24 | | Director of the Lottery, for the Department of the Lottery. |
| 25 | | Director of Natural Resources, for the Department of |
| 26 | | Natural Resources.
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| 1 | | Director of Public Health, for the Department of Public |
| 2 | | Health.
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| 3 | | Director of Revenue, for the Department of Revenue.
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| 4 | | Director of State Police, for the Department of State |
| 5 | | Police.
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| 6 | | Secretary of Transportation, for the Department of |
| 7 | | Transportation.
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| 8 | | Director of Veterans' Affairs, for the Department of |
| 9 | | Veterans' Affairs.
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| 10 | | (Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
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| 11 | | (20 ILCS 5/5-218 new) |
| 12 | | Sec. 5-218. Secretary of Health and Human Services. The |
| 13 | | Secretary of Health and Human Services shall be a person |
| 14 | | conversant with the matters within the purview of the |
| 15 | | Department of Health and Human Services.
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| 16 | | (20 ILCS 5/5-352 new) |
| 17 | | Sec. 5-352. In the Department of Health and Human Services. |
| 18 | | The Secretary of Health and Human Services shall each receive |
| 19 | | an annual salary as set by law.
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| 20 | | (20 ILCS 5/5-520) (was 20 ILCS 5/6.27)
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| 21 | | Sec. 5-520. In the Department of Health and Human Services |
| 22 | | on Aging. A Council on Aging composed and appointed as
provided |
| 23 | | in the Illinois Act on the Aging.
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| 1 | | (Source: P.A. 96-918, eff. 6-9-10.)
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| 2 | | (20 ILCS 5/5-545) (was 20 ILCS 5/6.04)
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| 3 | | Sec. 5-545. In the Department of Health and Human Services. |
| 4 | | A
Psychiatric Advisory
Council appointed by and
at the |
| 5 | | discretion of the
Secretary of Health and Human Services, |
| 6 | | consisting of representatives from the
several schools and |
| 7 | | institutes in Illinois conducting programs of
psychiatric |
| 8 | | training, which shall advise the Department with respect to its
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| 9 | | policies and programs relating to mental health or |
| 10 | | developmental
disabilities. The members shall serve for the |
| 11 | | terms that
the
Secretary shall designate.
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| 12 | | (Source: P.A. 91-239, eff. 1-1-00.)
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| 13 | | (20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
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| 14 | | Sec. 5-550. In the Department of Health and Human Services. |
| 15 | | A State Rehabilitation
Council, hereinafter referred to as the |
| 16 | | Council, is hereby established for
the purpose of complying |
| 17 | | with the requirements of 34 CFR 361.16 and advising the |
| 18 | | Secretary of Health and Human Services and the vocational |
| 19 | | rehabilitation
administrator of the provisions of the federal |
| 20 | | Rehabilitation Act of 1973 and
the Americans with Disabilities |
| 21 | | Act of 1990 in matters concerning individuals
with disabilities |
| 22 | | and the provision of vocational rehabilitation services. The |
| 23 | | Council
shall consist of members appointed by the Governor |
| 24 | | after soliciting
recommendations from organizations |
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| 1 | | representing a broad
range of individuals with disabilities and |
| 2 | | organizations interested in
individuals with disabilities. |
| 3 | | However, the Governor may delegate his appointing authority |
| 4 | | under this Section to the Council by executive order. |
| 5 | | The Council shall consist of the following appointed |
| 6 | | members:
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| 7 | | (1) One representative of a parent training center |
| 8 | | established in
accordance with the federal Individuals |
| 9 | | with Disabilities Education Act.
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| 10 | | (2) One representative of the Client Assistance |
| 11 | | Program.
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| 12 | | (3) One vocational rehabilitation counselor who has |
| 13 | | knowledge of and
experience with vocational rehabilitation |
| 14 | | programs.
If an employee of the Department of Health and |
| 15 | | Human Services is appointed under this item, then he or she |
| 16 | | shall serve
as an ex officio, nonvoting member.
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| 17 | | (4) One representative of community rehabilitation |
| 18 | | program service
providers.
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| 19 | | (5) Four representatives of business, industry, and |
| 20 | | labor.
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| 21 | | (6) At least two but not more than five representatives |
| 22 | | of disability advocacy groups representing a
cross section |
| 23 | | of the following:
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| 24 | | (A) individuals with physical, cognitive, sensory, |
| 25 | | and mental
disabilities; and
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| 26 | | (B) parents, family members, guardians, advocates, |
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| 1 | | or authorized
representative of individuals with |
| 2 | | disabilities who have difficulty in
representing |
| 3 | | themselves or who are unable, due to their |
| 4 | | disabilities, to
represent themselves.
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| 5 | | (7) One current or former applicant for, or recipient |
| 6 | | of, vocational
rehabilitation services.
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| 7 | | (8) One representative from secondary or higher |
| 8 | | education.
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| 9 | | (9) One representative of the State Workforce |
| 10 | | Innovation Board.
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| 11 | | (10) One representative of the Illinois State Board of |
| 12 | | Education who is
knowledgeable about the Individuals with |
| 13 | | Disabilities Education Act.
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| 14 | | (11) The chairperson of, or a member designated by, the |
| 15 | | Statewide Independent Living Council established under |
| 16 | | Section 12a of the Rehabilitation of Persons with |
| 17 | | Disabilities Act. |
| 18 | | (12) The chairperson of, or a member designated by, the |
| 19 | | Blind Services Planning Council established under Section |
| 20 | | 7 of the Bureau for the Blind Act. |
| 21 | | (13) The vocational rehabilitation administrator, as |
| 22 | | defined in Section 1b of the Rehabilitation of Persons with |
| 23 | | Disabilities Act, who shall serve as an ex officio, |
| 24 | | nonvoting member.
|
| 25 | | The Council shall select a Chairperson.
|
| 26 | | The Chairperson and a majority of the
members of the |
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| 1 | | Council shall be persons who are individuals with disabilities. |
| 2 | | At least one
member shall be a senior citizen age 60 or over, |
| 3 | | and at least one member shall be at least 18 but not more than |
| 4 | | 25 years old. A majority of the
Council members shall not be |
| 5 | | employees of the Department of Health and Human Services.
|
| 6 | | Members appointed to the Council for full terms on or after |
| 7 | | the effective date of this amendatory Act of the 98th General |
| 8 | | Assembly shall be appointed for terms of 3 years. No Council |
| 9 | | member, other than the vocational rehabilitation administrator |
| 10 | | and the representative of the Client Assistance Program, shall |
| 11 | | serve for more than 2 consecutive terms as a representative of |
| 12 | | one of the 13 enumerated categories. If an individual, other |
| 13 | | than the vocational rehabilitation administrator and the |
| 14 | | representative of the Client Assistance Program, has completed |
| 15 | | 2 consecutive terms and is eligible to seek appointment as a |
| 16 | | representative of one of the other enumerated categories, then |
| 17 | | that individual may be appointed to serve as a representative |
| 18 | | of one of those other enumerated categories after a meaningful |
| 19 | | break in Council service, as defined by the Council through its |
| 20 | | by-laws. |
| 21 | | Vacancies for unexpired terms shall be filled. Individuals |
| 22 | | appointed by the appointing authority to fill an unexpired term |
| 23 | | shall complete the remainder of the vacated term. When the |
| 24 | | initial term of a person appointed to fill a vacancy is |
| 25 | | completed, the individual appointed to fill that vacancy may be |
| 26 | | re-appointed by the appointing authority to the vacated |
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| 1 | | position for one subsequent term. |
| 2 | | If an excessive number of expired terms and vacated terms |
| 3 | | combine to place an undue burden on the Council, the appointing |
| 4 | | authority may appoint members for terms of 1, 2, or 3 years. |
| 5 | | The appointing authority shall determine the terms of Council |
| 6 | | members to ensure the number of terms expiring each year is as |
| 7 | | close to equal as possible. |
| 8 | | Notwithstanding the foregoing, a member who is serving on |
| 9 | | the Council on the effective date of this amendatory Act of the |
| 10 | | 98th General Assembly and whose term expires as a result of the |
| 11 | | changes made by this amendatory Act of the 98th General |
| 12 | | Assembly may complete the unexpired portion of his or her term. |
| 13 | | Members shall be reimbursed in accordance with State laws, |
| 14 | | rules, and rates
for expenses incurred in the performance of |
| 15 | | their approved, Council-related duties,
including expenses for |
| 16 | | travel, child care, or personal assistance services. A
member |
| 17 | | who is not employed or who must forfeit wages from other |
| 18 | | employment may
be paid reasonable compensation, as determined |
| 19 | | by the Department, for each day the member is engaged in
|
| 20 | | performing approved duties of the Council.
|
| 21 | | The Council
shall meet at least 4 times per year at times |
| 22 | | and places designated by the Chairperson
upon 10 days written |
| 23 | | notice to the members. Special meetings may
be called by the |
| 24 | | Chairperson or 7 members of the
Council upon 7 days written
|
| 25 | | notice to the other members. Nine members shall constitute a
|
| 26 | | quorum.
No member of the Council shall cast a vote on any |
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| 1 | | matter that would provide
direct financial benefit to the |
| 2 | | member or otherwise give the appearance of a
conflict of |
| 3 | | interest under Illinois law.
|
| 4 | | The
Council shall prepare and submit to the
vocational |
| 5 | | rehabilitation
administrator
the reports and findings
that the |
| 6 | | vocational rehabilitation administrator may request or
that |
| 7 | | the Council deems fit.
The Council shall select jointly with |
| 8 | | the
vocational rehabilitation
administrator
a pool of
|
| 9 | | qualified persons to serve as impartial hearing officers.
The |
| 10 | | Council shall, with the vocational rehabilitation unit in the |
| 11 | | Department,
jointly develop, agree to, and review annually |
| 12 | | State goals and priorities and
jointly submit annual reports of |
| 13 | | progress to the federal Commissioner of
the
Rehabilitation |
| 14 | | Services Administration.
|
| 15 | | To the extent that there is a disagreement between the |
| 16 | | Council and the unit
within the
Department of Health and Human |
| 17 | | Services responsible for the administration of the
vocational |
| 18 | | rehabilitation program, regarding the resources
necessary to |
| 19 | | carry out the functions of the Council as set forth in this
|
| 20 | | Section, the
disagreement shall be resolved by the Governor.
|
| 21 | | (Source: P.A. 99-143, eff. 7-27-15; 100-477, eff. 9-8-17.)
|
| 22 | | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
|
| 23 | | Sec. 5-565. In the Department of Public Health.
|
| 24 | | (a) The General Assembly declares it to be the public |
| 25 | | policy of this
State that all citizens of Illinois are entitled |
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| 1 | | to lead healthy lives.
Governmental public health has a |
| 2 | | specific responsibility to ensure that a
public health system |
| 3 | | is in place to allow the public health mission to be achieved. |
| 4 | | The public health system is the collection of public, private, |
| 5 | | and voluntary entities as well as individuals and informal |
| 6 | | associations that contribute to the public's health within the |
| 7 | | State. To
develop a public health system requires certain core |
| 8 | | functions to be performed by
government. The State Board of |
| 9 | | Health is to assume the leadership role in
advising the |
| 10 | | Director in meeting the following functions:
|
| 11 | | (1) Needs assessment.
|
| 12 | | (2) Statewide health objectives.
|
| 13 | | (3) Policy development.
|
| 14 | | (4) Assurance of access to necessary services.
|
| 15 | | There shall be a State Board of Health composed of 20 |
| 16 | | persons,
all of
whom shall be appointed by the Governor, with |
| 17 | | the advice and consent of the
Senate for those appointed by the |
| 18 | | Governor on and after June 30, 1998,
and one of whom shall be a
|
| 19 | | senior citizen age 60 or over. Five members shall be physicians |
| 20 | | licensed
to practice medicine in all its branches, one |
| 21 | | representing a medical school
faculty, one who is board |
| 22 | | certified in preventive medicine, and one who is
engaged in |
| 23 | | private practice. One member shall be a chiropractic physician. |
| 24 | | One member shall be a dentist; one an
environmental health |
| 25 | | practitioner; one a local public health administrator;
one a |
| 26 | | local board of health member; one a registered nurse; one a |
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| 1 | | physical therapist; one an optometrist; one a
veterinarian; one |
| 2 | | a public health academician; one a health care industry
|
| 3 | | representative; one a representative of the business |
| 4 | | community; one a representative of the non-profit public |
| 5 | | interest community; and 2 shall be citizens at large.
|
| 6 | | The terms of Board of Health members shall be 3 years, |
| 7 | | except that members shall continue to serve on the Board of |
| 8 | | Health until a replacement is appointed. Upon the effective |
| 9 | | date of this amendatory Act of the 93rd General Assembly, in |
| 10 | | the appointment of the Board of Health members appointed to |
| 11 | | vacancies or positions with terms expiring on or before |
| 12 | | December 31, 2004, the Governor shall appoint up to 6 members |
| 13 | | to serve for terms of 3 years; up to 6 members to serve for |
| 14 | | terms of 2 years; and up to 5 members to serve for a term of one |
| 15 | | year, so that the term of no more than 6 members expire in the |
| 16 | | same year.
All members shall
be legal residents of the State of |
| 17 | | Illinois. The duties of the Board shall
include, but not be |
| 18 | | limited to, the following:
|
| 19 | | (1) To advise the Department of ways to encourage |
| 20 | | public understanding
and support of the Department's |
| 21 | | programs.
|
| 22 | | (2) To evaluate all boards, councils, committees, |
| 23 | | authorities, and
bodies
advisory to, or an adjunct of, the |
| 24 | | Department of Public Health or its
Director for the purpose |
| 25 | | of recommending to the Director one or
more of the |
| 26 | | following:
|
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| 1 | | (i) The elimination of bodies whose activities
are |
| 2 | | not consistent with goals and objectives of the |
| 3 | | Department.
|
| 4 | | (ii) The consolidation of bodies whose activities |
| 5 | | encompass
compatible programmatic subjects.
|
| 6 | | (iii) The restructuring of the relationship |
| 7 | | between the various
bodies and their integration |
| 8 | | within the organizational structure of the
Department.
|
| 9 | | (iv) The establishment of new bodies deemed |
| 10 | | essential to the
functioning of the Department.
|
| 11 | | (3) To serve as an advisory group to the Director for
|
| 12 | | public health emergencies and
control of health hazards.
|
| 13 | | (4) To advise the Director regarding public health |
| 14 | | policy,
and to make health policy recommendations |
| 15 | | regarding priorities to the
Governor through the Director.
|
| 16 | | (5) To present public health issues to the Director and |
| 17 | | to make
recommendations for the resolution of those issues.
|
| 18 | | (6) To recommend studies to delineate public health |
| 19 | | problems.
|
| 20 | | (7) To make recommendations to the Governor through the |
| 21 | | Director
regarding the coordination of State public health |
| 22 | | activities with other
State and local public health |
| 23 | | agencies and organizations.
|
| 24 | | (8) To report on or before February 1 of each year on |
| 25 | | the health of the
residents of Illinois to the Governor, |
| 26 | | the General Assembly, and the
public.
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| 1 | | (9) To review the final draft of all proposed |
| 2 | | administrative rules,
other than emergency or preemptory |
| 3 | | rules and those rules that another
advisory body must |
| 4 | | approve or review within a statutorily defined time
period, |
| 5 | | of the Department after September 19, 1991 (the effective |
| 6 | | date of
Public Act
87-633). The Board shall review the |
| 7 | | proposed rules within 90
days of
submission by the |
| 8 | | Department. The Department shall take into consideration
|
| 9 | | any comments and recommendations of the Board regarding the |
| 10 | | proposed rules
prior to submission to the Secretary of |
| 11 | | State for initial publication. If
the Department disagrees |
| 12 | | with the recommendations of the Board, it shall
submit a |
| 13 | | written response outlining the reasons for not accepting |
| 14 | | the
recommendations.
|
| 15 | | In the case of proposed administrative rules or |
| 16 | | amendments to
administrative
rules regarding immunization |
| 17 | | of children against preventable communicable
diseases |
| 18 | | designated by the Director under the Communicable Disease |
| 19 | | Prevention
Act, after the Immunization Advisory Committee |
| 20 | | has made its
recommendations, the Board shall conduct 3 |
| 21 | | public hearings, geographically
distributed
throughout the |
| 22 | | State. At the conclusion of the hearings, the State Board |
| 23 | | of
Health shall issue a report, including its |
| 24 | | recommendations, to the Director.
The Director shall take |
| 25 | | into consideration any comments or recommendations made
by |
| 26 | | the Board based on these hearings.
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| 1 | | (10) To deliver to the Governor for presentation to the |
| 2 | | General Assembly a State Health Improvement Plan. The first |
| 3 | | 3 such plans shall be delivered to the Governor on January |
| 4 | | 1, 2006, January 1, 2009, and January 1, 2016 and then |
| 5 | | every 5 years thereafter. |
| 6 | | The Plan shall recommend priorities and strategies to |
| 7 | | improve the public health system and the health status of |
| 8 | | Illinois residents, taking into consideration national |
| 9 | | health objectives and system standards as frameworks for |
| 10 | | assessment. |
| 11 | | The Plan shall also take into consideration priorities |
| 12 | | and strategies developed at the community level through the |
| 13 | | Illinois Project for Local Assessment of Needs (IPLAN) and |
| 14 | | any regional health improvement plans that may be |
| 15 | | developed.
The Plan shall focus on prevention as a key |
| 16 | | strategy for long-term health improvement in Illinois. |
| 17 | | The Plan shall examine and make recommendations on the |
| 18 | | contributions and strategies of the public and private |
| 19 | | sectors for improving health status and the public health |
| 20 | | system in the State. In addition to recommendations on |
| 21 | | health status improvement priorities and strategies for |
| 22 | | the population of the State as a whole, the Plan shall make |
| 23 | | recommendations regarding priorities and strategies for |
| 24 | | reducing and eliminating health disparities in Illinois; |
| 25 | | including racial, ethnic, gender, age, socio-economic and |
| 26 | | geographic disparities. |
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| 1 | | The Director of the Illinois Department of Public |
| 2 | | Health shall appoint a Planning Team that includes a range |
| 3 | | of public, private, and voluntary sector stakeholders and |
| 4 | | participants in the public health system. This Team shall |
| 5 | | include: the directors of State agencies with public health |
| 6 | | responsibilities (or their designees), including but not |
| 7 | | limited to the Illinois Department Departments of Public |
| 8 | | Health and Department of Health and Human Services, |
| 9 | | representatives of local health departments, |
| 10 | | representatives of local community health partnerships, |
| 11 | | and individuals with expertise who represent an array of |
| 12 | | organizations and constituencies engaged in public health |
| 13 | | improvement and prevention. |
| 14 | | The State Board of Health shall hold at least 3 public |
| 15 | | hearings addressing drafts of the Plan in representative |
| 16 | | geographic areas of the State.
Members of the Planning Team |
| 17 | | shall receive no compensation for their services, but may |
| 18 | | be reimbursed for their necessary expenses.
|
| 19 | | Upon the delivery of each State Health Improvement |
| 20 | | Plan, the Governor shall appoint a SHIP Implementation |
| 21 | | Coordination Council that includes a range of public, |
| 22 | | private, and voluntary sector stakeholders and |
| 23 | | participants in the public health system. The Council shall |
| 24 | | include the directors of State agencies and entities with |
| 25 | | public health system responsibilities (or their |
| 26 | | designees), including but not limited to the Department of |
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| 1 | | Public Health, Department of Health and Human Services, |
| 2 | | Department of Healthcare and Family Services, |
| 3 | | Environmental Protection Agency, Illinois State Board of |
| 4 | | Education, Department on Aging, Illinois Violence |
| 5 | | Prevention Authority, Department of Agriculture, |
| 6 | | Department of Insurance, Department of Financial and |
| 7 | | Professional Regulation, Department of Transportation, and |
| 8 | | Department of Commerce and Economic Opportunity and the |
| 9 | | Chair of the State Board of Health. The Council shall |
| 10 | | include representatives of local health departments and |
| 11 | | individuals with expertise who represent an array of |
| 12 | | organizations and constituencies engaged in public health |
| 13 | | improvement and prevention, including non-profit public |
| 14 | | interest groups, health issue groups, faith community |
| 15 | | groups, health care providers, businesses and employers, |
| 16 | | academic institutions, and community-based organizations. |
| 17 | | The Governor shall endeavor to make the membership of the |
| 18 | | Council representative of the racial, ethnic, gender, |
| 19 | | socio-economic, and geographic diversity of the State. The |
| 20 | | Governor shall designate one State agency representative |
| 21 | | and one other non-governmental member as co-chairs of the |
| 22 | | Council. The Governor shall designate a member of the |
| 23 | | Governor's office to serve as liaison to the Council and |
| 24 | | one or more State agencies to provide or arrange for |
| 25 | | support to the Council. The members of the SHIP |
| 26 | | Implementation Coordination Council for each State Health |
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| 1 | | Improvement Plan shall serve until the delivery of the |
| 2 | | subsequent State Health Improvement Plan, whereupon a new |
| 3 | | Council shall be appointed. Members of the SHIP Planning |
| 4 | | Team may serve on the SHIP Implementation Coordination |
| 5 | | Council if so appointed by the Governor. |
| 6 | | The SHIP Implementation Coordination Council shall |
| 7 | | coordinate the efforts and engagement of the public, |
| 8 | | private, and voluntary sector stakeholders and |
| 9 | | participants in the public health system to implement each |
| 10 | | SHIP. The Council shall serve as a forum for collaborative |
| 11 | | action; coordinate existing and new initiatives; develop |
| 12 | | detailed implementation steps, with mechanisms for action; |
| 13 | | implement specific projects; identify public and private |
| 14 | | funding sources at the local, State and federal level; |
| 15 | | promote public awareness of the SHIP; advocate for the |
| 16 | | implementation of the SHIP; and develop an annual report to |
| 17 | | the Governor, General Assembly, and public regarding the |
| 18 | | status of implementation of the SHIP. The Council shall |
| 19 | | not, however, have the authority to direct any public or |
| 20 | | private entity to take specific action to implement the |
| 21 | | SHIP. |
| 22 | | (11) Upon the request of the Governor, to recommend to |
| 23 | | the Governor
candidates for Director of Public Health when |
| 24 | | vacancies occur in the position.
|
| 25 | | (12) To adopt bylaws for the conduct of its own |
| 26 | | business, including the
authority to establish ad hoc |
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| 1 | | committees to address specific public health
programs |
| 2 | | requiring resolution.
|
| 3 | | (13) (Blank). |
| 4 | | Upon appointment, the Board shall elect a chairperson from |
| 5 | | among its
members.
|
| 6 | | Members of the Board shall receive compensation for their |
| 7 | | services at the
rate of $150 per day, not to exceed $10,000 per |
| 8 | | year, as designated by the
Director for each day required for |
| 9 | | transacting the business of the Board
and shall be reimbursed |
| 10 | | for necessary expenses incurred in the performance
of their |
| 11 | | duties. The Board shall meet from time to time at the call of |
| 12 | | the
Department, at the call of the chairperson, or upon the |
| 13 | | request of 3 of its
members, but shall not meet less than 4 |
| 14 | | times per year.
|
| 15 | | (b) (Blank).
|
| 16 | | (c) An Advisory Board on Necropsy Service to Coroners, |
| 17 | | which shall
counsel and advise with the Director on the |
| 18 | | administration of the Autopsy
Act. The Advisory Board shall |
| 19 | | consist of 11 members, including
a senior citizen age 60 or |
| 20 | | over, appointed by the Governor, one of
whom shall be |
| 21 | | designated as chairman by a majority of the members of the
|
| 22 | | Board. In the appointment of the first Board the Governor shall |
| 23 | | appoint 3
members to serve for terms of 1 year, 3 for terms of 2 |
| 24 | | years, and 3 for
terms of 3 years. The members first appointed |
| 25 | | under Public Act 83-1538 shall serve for a term of 3 years. All |
| 26 | | members appointed thereafter
shall be appointed for terms of 3 |
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| 1 | | years, except that when an
appointment is made
to fill a |
| 2 | | vacancy, the appointment shall be for the remaining
term of the |
| 3 | | position vacant. The members of the Board shall be citizens of
|
| 4 | | the State of Illinois. In the appointment of members of the |
| 5 | | Advisory Board
the Governor shall appoint 3 members who shall |
| 6 | | be persons licensed to
practice medicine and surgery in the |
| 7 | | State of Illinois, at least 2 of whom
shall have received |
| 8 | | post-graduate training in the field of pathology; 3
members who |
| 9 | | are duly elected coroners in this State; and 5 members who
|
| 10 | | shall have interest and abilities in the field of forensic |
| 11 | | medicine but who
shall be neither persons licensed to practice |
| 12 | | any branch of medicine in
this State nor coroners. In the |
| 13 | | appointment of medical and coroner members
of the Board, the |
| 14 | | Governor shall invite nominations from recognized medical
and |
| 15 | | coroners organizations in this State respectively. Board |
| 16 | | members, while
serving on business of the Board, shall receive |
| 17 | | actual necessary travel and
subsistence expenses while so |
| 18 | | serving away from their places of residence.
|
| 19 | | (Source: P.A. 98-463, eff. 8-16-13; 99-527, eff. 1-1-17.)
|
| 20 | | (20 ILCS 5/5-135 rep.) |
| 21 | | (20 ILCS 5/5-165 rep.) |
| 22 | | (20 ILCS 5/5-200 rep.) |
| 23 | | (20 ILCS 5/5-220 rep.) |
| 24 | | (20 ILCS 5/5-230 rep.) |
| 25 | | (20 ILCS 5/5-310 rep.) |
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| 1 | | (20 ILCS 5/5-355 rep.) |
| 2 | | (20 ILCS 5/5-395 rep.) |
| 3 | | Section 910. The Civil Administrative Code of Illinois is |
| 4 | | amended by repealing Sections 5-135, 5-165, 5-200, 5-220, |
| 5 | | 5-230, 5-310, 5-355, and 5-395.
|
| 6 | | Section 915. The Illinois Act on the Aging is amended by |
| 7 | | adding Section 1.1 as follows:
|
| 8 | | (20 ILCS 105/1.1 new) |
| 9 | | Sec. 1.1. Department of Health and Human Services. In |
| 10 | | accordance with Section 1.43 of the Statute on Statutes, |
| 11 | | references to the Department on Aging are deemed to be |
| 12 | | references to the Department of Health and Human Services and |
| 13 | | references to the Director of Aging are deemed to be references |
| 14 | | to the Secretary of Health and Human Services.
|
| 15 | | Section 920. The Department on Aging Law of the Civil |
| 16 | | Administrative Code of
Illinois is amended by changing the |
| 17 | | heading of Article 110 and Sections 110-1 and 110-5 as follows:
|
| 18 | | (20 ILCS 110/Art. 110 heading) |
| 19 | | ARTICLE 110. DEPARTMENT ON AGING
|
| 20 | | (20 ILCS 110/110-1)
|
| 21 | | Sec. 110-1. Article short title. This Article 110 of the |
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| 1 | | Civil
Administrative
Code of Illinois may be cited as the |
| 2 | | Department on Aging Law.
|
| 3 | | (Source: P.A. 91-239, eff. 1-1-00.)
|
| 4 | | (20 ILCS 110/110-5) (was 20 ILCS 110/69)
|
| 5 | | Sec. 110-5. Department on Aging; powers. The Department of |
| 6 | | Health and Human Services on Aging shall exercise, administer, |
| 7 | | and enforce all
rights, powers, and duties formerly vested in |
| 8 | | the Department on Aging by the Illinois
Act on the Aging.
|
| 9 | | (Source: P.A. 91-239, eff. 1-1-00.)
|
| 10 | | Section 925. The Substance Use Disorder Act is amended by |
| 11 | | adding Section 1-3 as follows:
|
| 12 | | (20 ILCS 301/1-3 new) |
| 13 | | Sec. 1-3. Department of Health and Human Services. In |
| 14 | | accordance with Section 1.43 of the Statute on Statutes, |
| 15 | | references to the Department of Human Services are deemed to be |
| 16 | | references to the Department of Health and Human Services and |
| 17 | | references to the Secretary of Human Services are deemed to be |
| 18 | | references to the Secretary of Health and Human Services.
|
| 19 | | Section 930. The Department of Human Services (Alcoholism |
| 20 | | and Substance Abuse)
Law of the Civil Administrative Code of |
| 21 | | Illinois is amended by changing the heading of Article 310 and |
| 22 | | Sections 310-1 and 310-5 as follows:
|
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| 1 | | (20 ILCS 310/Art. 310 heading) |
| 2 | | ARTICLE 310. SUBSTANCE USE DISORDERS |
| 3 | | DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO
|
| 4 | | DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE
|
| 5 | | (20 ILCS 310/310-1)
|
| 6 | | Sec. 310-1. Article short title. This Article 310 of the |
| 7 | | Civil
Administrative Code of Illinois may be cited as the |
| 8 | | Substance Use Disorder Department of Human
Services |
| 9 | | (Alcoholism and Substance Abuse) Law.
|
| 10 | | (Source: P.A. 91-239, eff. 1-1-00.)
|
| 11 | | (20 ILCS 310/310-5) (was 20 ILCS 5/9.29)
|
| 12 | | Sec. 310-5. Powers under certain Acts. The Department of |
| 13 | | Health and Human
Services, as successor to the
Department of |
| 14 | | Alcoholism and Substance Abuse, shall exercise, administer,
|
| 15 | | and enforce all rights, powers, and duties formerly vested in |
| 16 | | the
Department of Mental Health and Developmental Disabilities |
| 17 | | and the Department of Human Services by the following
named |
| 18 | | Acts or Sections of those Acts as they pertain to
the provision |
| 19 | | of alcoholism services and the Dangerous Drugs
Commission:
|
| 20 | | (1) The Cannabis Control Act.
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| 21 | | (2) The Illinois Controlled Substances Act.
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| 22 | | (3) The Community Mental Health Act.
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| 23 | | (4) The Community Services Act.
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| 1 | | (5) The Methamphetamine Control and Community |
| 2 | | Protection Act.
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| 3 | | (Source: P.A. 94-556, eff. 9-11-05.)
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| 4 | | Section 935. The Department of Human Services Act is |
| 5 | | amended by changing Section 1-1 and by adding Section 1-3 as |
| 6 | | follows:
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| 7 | | (20 ILCS 1305/1-1)
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| 8 | | Sec. 1-1. Short title. This Act may be cited as the |
| 9 | | Department of Human Services Act.
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| 10 | | (Source: P.A. 89-507, eff. 7-3-96.)
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| 11 | | (20 ILCS 1305/1-3 new) |
| 12 | | Sec. 1-3. Department of Health and Human Services. In |
| 13 | | accordance with Section 1.43 of the Statute on Statutes, |
| 14 | | references to the Department of Human Services are deemed to be |
| 15 | | references to the Department of Health and Human Services and |
| 16 | | references to the Secretary of Human Services are deemed to be |
| 17 | | references to the Secretary of Health and Human Services.
|
| 18 | | Section 940. The Mental Health and Developmental |
| 19 | | Disabilities Administrative Act is amended by adding Section |
| 20 | | 1.5 as follows:
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| 21 | | (20 ILCS 1705/1.5 new) |
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| 1 | | Sec. 1.5. Department of Health and Human Services. In |
| 2 | | accordance with Section 1.43 of the Statute on Statutes, |
| 3 | | references to the Department of Human Services are deemed to be |
| 4 | | references to the Department of Health and Human Services and |
| 5 | | references to the Secretary of Human Services are deemed to be |
| 6 | | references to the Secretary of Health and Human Services.
|
| 7 | | Section 945. The Department of Human Services (Mental |
| 8 | | Health and Developmental
Disabilities) Law of the Civil |
| 9 | | Administrative Code of Illinois is amended by changing the |
| 10 | | heading of Article 1710 and Section 1710-1 and by adding |
| 11 | | Section 1710-3 as follows:
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| 12 | | (20 ILCS 1710/Art. 1710 heading) |
| 13 | | ARTICLE 1710. DEPARTMENT OF HUMAN SERVICES
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| 14 | | (AS SUCCESSOR TO DEPARTMENT OF
|
| 15 | | MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES )
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| 16 | | (20 ILCS 1710/1710-1)
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| 17 | | Sec. 1710-1. Article short title. This Article 1710 of the |
| 18 | | Civil Administrative
Code of Illinois may be cited as the |
| 19 | | Department of Human Services (Mental
Health and Developmental |
| 20 | | Disabilities) Law.
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| 21 | | (Source: P.A. 96-1000, eff. 7-2-10.)
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| 22 | | (20 ILCS 1710/1710-3 new) |
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| 1 | | Sec. 1710-3. Department of Health and Human Services. In |
| 2 | | accordance with Section 1.43 of the Statute on Statutes, |
| 3 | | references to the Department of Human Services are deemed to be |
| 4 | | references to the Department of Health and Human Services and |
| 5 | | references to the Secretary of Human Services are deemed to be |
| 6 | | references to the Secretary of Health and Human Services.
|
| 7 | | Section 950. The Department of Healthcare and Family |
| 8 | | Services Law of the
Civil Administrative Code of Illinois is |
| 9 | | amended by changing the heading of Article 2205 and Section |
| 10 | | 2205-1 and by adding Section 2205-3 as follows:
|
| 11 | | (20 ILCS 2205/Art. 2205 heading) |
| 12 | | ARTICLE 2205. DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
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| 13 | | (Source: P.A. 95-331, eff. 8-21-07.)
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| 14 | | (20 ILCS 2205/2205-1)
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| 15 | | Sec. 2205-1. Article short title. This Article 2205 of the |
| 16 | | Civil
Administrative
Code of Illinois may be cited as the |
| 17 | | Department of Healthcare and Family Services Law.
|
| 18 | | (Source: P.A. 95-331, eff. 8-21-07.)
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| 19 | | (20 ILCS 2205/2205-3 new) |
| 20 | | Sec. 2205-3. Department of Health and Human Services. In |
| 21 | | accordance with Section 1.43 of the Statute on Statutes, |
| 22 | | references to the Department of Healthcare and Family Services |
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| 1 | | are deemed to be references to the Department of Health and |
| 2 | | Human Services and references to the Director of Healthcare and |
| 3 | | Family Services are deemed to be references to the Secretary of |
| 4 | | Health and Human Services.
|
| 5 | | Section 955. The Rehabilitation of Persons with |
| 6 | | Disabilities Act is amended by adding Section 0.05 as follows:
|
| 7 | | (20 ILCS 2405/0.05 new) |
| 8 | | Sec. 0.05. Department of Health and Human Services. In |
| 9 | | accordance with Section 1.43 of the Statute on Statutes, |
| 10 | | references to the Department of Human Services are deemed to be |
| 11 | | references to the Department of Health and Human Services and |
| 12 | | references to the Secretary of Human Services are deemed to be |
| 13 | | references to the Secretary of Health and Human Services.
|
| 14 | | Section 960. The Illinois Public Aid Code is amended by |
| 15 | | changing Sections 2-12 and 2-12.5 as follows:
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| 16 | | (305 ILCS 5/2-12) (from Ch. 23, par. 2-12)
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| 17 | | Sec. 2-12. "Illinois Department"; "Department". In this |
| 18 | | Code,
"Illinois Department" or "Department", when a particular |
| 19 | | entity is not
specified, means the following:
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| 20 | | (1) In the case of a function performed before July 1, 1997 |
| 21 | | (the effective
date of the Department of Human Services Act), |
| 22 | | the term means the Department of
Public Aid.
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| 1 | | (2) In the case of a function to be performed on or after |
| 2 | | July 1, 1997 and before July 1, 2020 under
Article III, IV, VI, |
| 3 | | IX, or IXA, the term means the Department of Human
Services as |
| 4 | | successor to the Illinois Department of Public Aid.
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| 5 | | (3) In the case of a function to be performed on or after |
| 6 | | July 1, 1997 and before July 1, 2020 under
Article V, V-A, V-B, |
| 7 | | V-C, V-D, V-E, X, XIV, or XV, the term means the Department of |
| 8 | | Healthcare and Family Services (formerly Illinois
Department |
| 9 | | of Public Aid).
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| 10 | | (4) In the case of a function to be performed on or after |
| 11 | | July 1, 1997 and before July 1, 2020 under
Article I, II, |
| 12 | | VIIIA, XI, XII, or XIII, the term means the Department of Human
|
| 13 | | Services (acting as successor to the Illinois Department of |
| 14 | | Public Aid) or the
Department of Healthcare and Family Services |
| 15 | | (formerly
Illinois Department of Public Aid) or both, according |
| 16 | | to whether that function,
in the specific context, has been |
| 17 | | allocated to the Department of Human
Services or the Department |
| 18 | | of Healthcare and Family Services (formerly Department of |
| 19 | | Public Aid) or both of those departments.
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| 20 | | (5) In the case of a function performed on or after July 1, |
| 21 | | 2020, the term means the Department of Health and Human |
| 22 | | Services. |
| 23 | | (Source: P.A. 95-331, eff. 8-21-07.)
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| 24 | | (305 ILCS 5/2-12.5)
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| 25 | | Sec. 2-12.5. "Director of the Illinois Department"; |
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| 1 | | "Director of the
Department"; "Director". In this Code, |
| 2 | | "Director of the Illinois Department",
"Director of the |
| 3 | | Department", or "Director", when a particular official is not
|
| 4 | | specified, means the following:
|
| 5 | | (1) In the case of a function performed before July 1, 1997 |
| 6 | | (the effective
date of the Department of Human Services Act), |
| 7 | | the term means the Director of
Public Aid.
|
| 8 | | (2) In the case of a function to be performed on or after |
| 9 | | July 1, 1997 and before July 1, 2020 under
Article III, IV, VI, |
| 10 | | IX, or IXA, the term means the Secretary of Human
Services.
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| 11 | | (3) In the case of a function to be performed on or after |
| 12 | | July 1, 1997 and before July 1, 2020 under
Article V, V-A, V-B, |
| 13 | | V-C, V-D, V-E, X, XIV, or XV, the term means the Director of |
| 14 | | Healthcare and Family Services (formerly Director
of Public |
| 15 | | Aid).
|
| 16 | | (4) In the case of a function to be performed on or after |
| 17 | | July 1, 1997 and before July 1, 2020 under
Article I, II, |
| 18 | | VIIIA, XI, XII, or XIII, the term means the Secretary of Human
|
| 19 | | Services or the Director of Healthcare and Family Services |
| 20 | | (formerly Director of Public Aid) or both, according to whether |
| 21 | | that
function, in the specific context, has been allocated to |
| 22 | | the Department of
Human Services or the Department of |
| 23 | | Healthcare and Family Services (formerly Department of Public |
| 24 | | Aid) or both of those departments.
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| 25 | | (5) In the case of a function performed on or after July 1, |
| 26 | | 2020, the term means the Secretary of Health and Human |
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| 1 | | Services. |
| 2 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
| 3 | | Section 965. The Mental Health and Developmental |
| 4 | | Disabilities Code is amended by changing Sections 1-105 and |
| 5 | | 1-108 as follows:
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| 6 | | (405 ILCS 5/1-105) (from Ch. 91 1/2, par. 1-105)
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| 7 | | Sec. 1-105.
"Department" means the Department of Health and |
| 8 | | Human Services in its
capacity as successor to the Department |
| 9 | | of Human Services and the Department of Mental Health and |
| 10 | | Developmental
Disabilities. Unless the context otherwise |
| 11 | | requires, direct or indirect
references in this Code to the |
| 12 | | programs,
employees, facilities, service providers, or service |
| 13 | | recipients of the
Department shall be construed to refer only |
| 14 | | to those programs, employees,
facilities, service providers, |
| 15 | | or service recipients of the Department that
pertain to its |
| 16 | | mental health and developmental disabilities functions.
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| 17 | | (Source: P.A. 89-507, eff. 7-1-97.)
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| 18 | | (405 ILCS 5/1-108) (from Ch. 91 1/2, par. 1-108)
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| 19 | | Sec. 1-108. "Secretary" means the Secretary of Health and |
| 20 | | Human Services.
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| 21 | | (Source: P.A. 89-507, eff. 7-1-97.)
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| 22 | | Section 999. Effective date. This Act takes effect on July |
| 23 | | 1, 2020.
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | New Act | | | | 4 | | 5 ILCS 70/1.43 new | | | | 5 | | 20 ILCS 5/1-5 | | | | 6 | | 20 ILCS 5/5-10 | was 20 ILCS 5/2.1 | | | 7 | | 20 ILCS 5/5-15 | was 20 ILCS 5/3 | | | 8 | | 20 ILCS 5/5-20 | was 20 ILCS 5/4 | | | 9 | | 20 ILCS 5/5-218 new | | | | 10 | | 20 ILCS 5/5-352 new | | | | 11 | | 20 ILCS 5/5-520 | was 20 ILCS 5/6.27 | | | 12 | | 20 ILCS 5/5-545 | was 20 ILCS 5/6.04 | | | 13 | | 20 ILCS 5/5-550 | was 20 ILCS 5/6.23 | | | 14 | | 20 ILCS 5/5-565 | was 20 ILCS 5/6.06 | | | 15 | | 20 ILCS 5/5-135 rep. | | | | 16 | | 20 ILCS 5/5-165 rep. | | | | 17 | | 20 ILCS 5/5-200 rep. | | | | 18 | | 20 ILCS 5/5-220 rep. | | | | 19 | | 20 ILCS 5/5-230 rep. | | | | 20 | | 20 ILCS 5/5-310 rep. | | | | 21 | | 20 ILCS 5/5-355 rep. | | | | 22 | | 20 ILCS 5/5-395 rep. | | | | 23 | | 20 ILCS 105/1.1 new | | | | 24 | | 20 ILCS 110/Art. 110 | | 25 | | heading | | |
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