Public Act 096-1406
 
SB3780 EnrolledLRB096 20612 DRJ 36320 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 

    (20 ILCS 1305/10-9 rep.)


    (20 ILCS 1305/10-10 rep.)

    (20 ILCS 1305/10-12 rep.)
    Section 5. The Department of Human Services Act is amended  
by repealing Sections 10-9, 10-10, and 10-12.
 
    Section 10. The Department of Public Health Powers and 
Duties Law of the
Civil Administrative Code of Illinois is 
amended  by adding Sections 2310-642 and 2310-643 as follows:
 
    (20 ILCS 2310/2310-642 new)
    Sec. 2310-642. Diabetes; transfer of functions from 
Department of Human Services.
    (a) Diabetes Research Checkoff Fund; grants. The Diabetes 
Research Checkoff Fund is a special fund in the State treasury. 
On and after July 1, 2010, from appropriations to the 
Department from that Fund, the Department shall  make grants to 
recognized public or private entities in Illinois for the 
purpose of funding research concerning the disease of diabetes. 
At least 50% of the grants made from the Fund by the Department 
shall be made to entities that conduct research for juvenile 
diabetes. For purposes of this subsection, the term "research" 
includes, without limitation, expenditures to develop and 
advance the understanding, techniques, and modalities 
effective in the detection, prevention, screening, management, 
and treatment of diabetes and may include clinical trials in 
Illinois.
    Moneys received for the purposes of this subsection, 
including, without limitation, income tax checkoff receipts 
and gifts, grants, and awards from any public or private person 
or entity, shall be deposited into the Fund. Any interest 
earned on moneys in the Fund must be deposited into the Fund.
    (b) Diabetes information. On and after July 1, 2010, the 
Department shall include within its public health promotion 
programs and materials information to be directed toward 
population groups in Illinois that are considered at high risk 
of developing diabetes, asthma, and pulmonary disorders, such 
as Hispanics, people of African descent, the elderly, obese 
individuals, persons with high blood sugar content, and persons 
with a family history of diabetes. The information shall inform 
members of such high risk groups about the causes and 
prevention of diabetes, asthma, and pulmonary disorders, the 
types of treatment for these diseases, and how treatment may be 
obtained. By February  15, 2011, and each February 15 
thereafter, the Department shall file a report with the General 
Assembly concerning its activities and accomplishments under 
this subsection during the previous calendar year.
    (c) Transfer of functions from Department of Human 
Services.
        (1) Transfer.  On the effective date of this amendatory 
    Act of the 96th General Assembly, all functions performed 
    by the Department of Human Services in connection with 
    Sections 10-9 and 10-10 of the Department of Human Services 
    Act (now repealed, and replaced by subsections (a) and (b), 
    respectively, of this Section), together with all of the 
    powers, duties, rights, and responsibilities of the 
    Department of Human Services relating to those functions, 
    are transferred from the Department of Human Services to 
    the Department of Public Health.
        The Department of Human Services and the Department of 
    Public Health shall cooperate to ensure that the transfer 
    of functions is completed as soon as practical.
        (2) Effect of transfer. Neither the functions 
    transferred under this subsection, nor any powers, duties, 
    rights, and responsibilities relating to those functions, 
    are affected by this amendatory Act of the 96th General 
    Assembly, except that all such functions, powers, duties, 
    rights, and responsibilities shall be performed or 
    exercised by the Department of Public Health on and after 
    the effective date of this amendatory Act of the 96th 
    General Assembly.
        (3) The staff of the Department of Human Services 
    engaged in the performance of the functions transferred 
    under this subsection may be transferred to the Department 
    of Public Health. The status and rights of those employees 
    under the Personnel Code shall not be affected by the 
    transfers. The rights of the employees, 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 of the 96th General Assembly. 
        (4) Books and records transferred. All books, records, 
    papers, documents, contracts, and pending business 
    pertaining to the functions transferred under this 
    subsection, including but not limited to material in 
    electronic or magnetic format, shall be transferred to the 
    Department of Public Health. The transfer of that 
    information shall not, however, violate any applicable 
    confidentiality constraints.
        (5) Unexpended moneys transferred. All unexpended 
    appropriation balances and other funds otherwise available 
    to the Department of Human Services for use in connection 
    with the functions transferred under this subsection shall 
    be transferred and made available to the Department of 
    Public Health for use in connection with the functions 
    transferred under this subsection. Unexpended balances so 
    transferred shall be expended only for the purpose for 
    which the appropriations were originally made.
        (6) Exercise of transferred powers; savings 
    provisions. The powers, duties, rights, and 
    responsibilities relating to the functions transferred 
    under this subsection are vested in and shall be exercised 
    by the Department of Public Health. Each act done in 
    exercise of those powers, duties, rights, and 
    responsibilities shall have the same legal effect as if 
    done by the Department of Human Services or its divisions, 
    officers, or employees.
        (7) Persons subject to penalties. Every officer, 
    employee, or agent of the Department of Public Health 
    shall, for any offense, be subject to the same penalty or 
    penalties, civil or criminal, as are prescribed by existing 
    laws for the same offense by any officer, employee, or 
    agent whose powers or duties were transferred under this 
    subsection.
        (8) Reports or notices. 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 Human Services in connection with any of the functions 
    transferred under this subsection, the same shall be made, 
    given, furnished, or served in the same manner to or upon 
    the Department of Public Health.
        (9) This subsection shall 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 case, regarding 
    the functions of the Department of Human Services before 
    this amendatory Act of the 96th General Assembly takes 
    effect; such actions may be prosecuted, defended, or 
    continued by the Department of Public Health.
        (10) Rules. Any rules of the Department of Human 
    Services that relate to the functions transferred under 
    this subsection that are in full force on the effective 
    date of this amendatory Act of the 96th General Assembly, 
    and that have been duly adopted by the Department of Human 
    Services, shall become the rules of the Department of 
    Public Health. This subsection shall 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 Human Services that are pending in the 
    rulemaking process on the effective date of this amendatory 
    Act of the 96th General Assembly, and that pertain to the 
    functions transferred, shall be deemed to have been filed 
    by the Department of Public Health. As soon as practicable 
    after the effective date of this amendatory Act of the 96th 
    General Assembly, the Department of Public Health shall 
    revise and clarify the rules transferred to it under this 
    subsection to reflect the reorganization of powers, 
    duties, rights, and responsibilities affected by this 
    subsection, 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 Public Health, consistent with the 
    Department of Human Services' authority to do so, may 
    propose and adopt, under the Illinois Administrative 
    Procedure Act, such other rules of the Department of Human 
    Services that will now be administered by the Department of 
    Public Health.
        To the extent that, prior to the effective date of the 
    transfer of functions under this subsection, the Secretary 
    of Human Services had been empowered to prescribe 
    regulations or had other authority with respect to the 
    transferred functions, such duties shall be exercised from 
    and after the effective date of the transfer by the 
    Director of Public Health. 
        (11) Successor Agency Act. For the purposes of the 
    Successor Agency Act, the Department of Public Health is 
    declared to be the successor agency of the Department of 
    Human Services, but only with respect to the functions that 
    are transferred to the Department of Public Health under 
    this subsection.
        (12) Statutory references. Whenever a provision of law 
    refers to the Department of Human Services in connection 
    with its performance of a function that is transferred to 
    the Department of Public Health under this subsection, that 
    provision shall be deemed to refer to the Department of 
    Public Health on and after the effective date of this 
    amendatory Act of the 96th General Assembly.
 
    (20 ILCS 2310/2310-643 new)
    Sec. 2310-643. Illinois State Diabetes Commission. 
    (a) Commission established. The Illinois State Diabetes 
Commission is established within the Department of Public 
Health. The Commission shall consist of members that are 
residents of this State and shall include an Executive 
Committee appointed by the Director. The members of the 
Commission shall be appointed by the Director as follows:
        (1) The Director or the Director's designee, who shall 
    serve as chairperson of the Commission.
        (2) Physicians who are board certified in 
    endocrinology, with at least one physician with expertise 
    and experience in the treatment of
childhood diabetes and 
    at least one physician with expertise and experience in the

    treatment of adult onset diabetes. 
        (3) Health care professionals with expertise and 
    experience in the prevention,
treatment, and control of 
    diabetes. 
        (4) Representatives of organizations or groups that 
    advocate on behalf of persons suffering from diabetes. 
        (5) Representatives of voluntary health organizations 
    or advocacy groups with
an interest in the prevention, 
    treatment, and control of diabetes. 
        (6) Members of the public who have been diagnosed with 
    diabetes. 
    The Director may appoint additional members deemed 
necessary and appropriate by the Director. 
    Members of the Commission shall be appointed by June 1, 
2010. A member shall continue to serve
until his or her 
successor is duly appointed and qualified. 
    (b) Meetings. Meetings shall be held 3 times per year or at 
the call of the Commission chairperson. 
    (c) Reimbursement. Members shall serve without 
compensation but shall, subject to appropriation,
be 
reimbursed for reasonable and necessary expenses actually 
incurred in the performance
of the member's official duties. 
    (d) Department support. The Department shall
provide 
administrative support and current staff as necessary for the 
effective operation
of the Commission. 
    (e) Duties. The Commission shall perform all of the 
following duties: 
        (1) Hold public hearings to gather information
 from the 
    general public on issues pertaining to the prevention, 
    treatment, and control of
diabetes. 
        (2) Develop a strategy for the prevention, treatment, 
    and control of diabetes
in this State. 
        (3) Examine the needs of adults, children, racial and 
    ethnic minorities, and
medically underserved populations 
    who have diabetes. 
        (4) Prepare and make available an annual report on the 
    activities of the Commission to the Director, the Speaker 
    of the House of Representatives, the Minority Leader of the 
    House of Representatives,
the President of the Senate, the 
    Minority Leader of the Senate, and the Governor by June 30 
    of each year, beginning on June 30, 2011. 
    (f) Funding. The Department may accept on behalf of the

Commission any federal funds or gifts and donations from 
individuals, private organizations,
and foundations and any 
other funds that may become available. 
    (g) Rules. The Director may adopt rules to implement and 
administer this Section.
   
 
    Section 15. The Commission to Study Disproportionate 
Justice Impact Act is amended  by changing Section 20 as 
follows:
 
    (20 ILCS 4085/20)

    Sec. 20. Meetings; report.    The Commission shall hold one 
or more public hearings, at which public testimony shall be 
heard.  The Commission shall report its findings and 
recommendations to the General Assembly on or before December 
31, 2010 2009, after which the Commission shall dissolve.

(Source: P.A. 95-995, eff. 6-1-09.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.