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2005 Illinois Code - 20 ILCS 1305/ Department of Human Services Act. Article 80 - Transition Provisions

(20 ILCS 1305/Art. 80 heading)
ARTICLE 80.

TRANSITION PROVISIONS

(20 ILCS 1305/80‑5)

Sec. 80‑5. Task Force on Human Services Consolidation.

(a) There is hereby established a Task Force on Human Services
Consolidation.

(b) The Task Force shall consist of 7 voting members, as follows: one person
appointed by the Governor, who shall serve as chair of the Task Force; 2
members appointed by the President of the Senate, one of whom shall be
designated a vice chair at the time of appointment; one member appointed by the
Senate Minority Leader; 2 members appointed by the Speaker of the House of
Representatives, one of whom shall be designated a vice chair at the time of
appointment; and one member appointed by the House Minority Leader.

Members appointed by the legislative leaders shall be appointed for the
duration of the Task Force; in the event of a vacancy, the appointment to fill
the vacancy shall be made by the legislative leader of the same house and party
as the leader who made the original appointment.  The Governor may at any time
terminate the service of the person appointed by the Governor and reappoint a
different person to serve as chair of the Task Force.

The following persons (or their designees) shall serve, ex officio, as
nonvoting members of the Task Force: the Director of Public Health, the
Director of Public Aid, the Director of Children and Family Services, the
Director of the Governor's Office of Management and Budget, and,
until their offices are abolished,
the Director of Mental Health and Developmental Disabilities, the Director of
Rehabilitation Services, and the Director of Alcoholism and Substance Abuse.
The Governor may appoint up to 3 additional persons to serve as nonvoting
members of the Task Force; such persons shall be officers or employees of a
constitutional office or of a department or agency of the
executive branch.

The Task Force may begin to conduct business upon the appointment of a
majority of the voting members.  If the chair has not been appointed but
both vice chairs have been appointed, the 2 vice chairs shall preside jointly.
If the chair has not been appointed and only one vice chair has been
appointed, that vice chair shall preside.

Members shall serve without compensation but may be reimbursed for their
expenses.

(c) The Task Force shall gather information and make recommendations
relating to the planning, organization, and implementation of human services
consolidation.  The Task Force shall work to assure that the human services
delivery system meets and adheres to the goals of quality, efficiency,
accountability, and financial responsibility; to make recommendations in
keeping with those goals concerning the design, operation, and organizational
structure of the new Department of Human Services; and to recommend any
necessary implementing legislation.

The Task Force shall monitor the implementation of human service program
reorganization and shall study its effect on the delivery of services to the
citizens of Illinois. The Task Force shall make recommendations to the Governor
and the General Assembly regarding future consolidation of human service
programs and functions.

(d) The Task Force shall:

(1) review and make recommendations on the

organizational structure of the new Department of Human Services;

(2) review and approve plans for a unified

electronic management and intake information and reporting system as provided in Section 1‑25, and monitor and guide the implementation of the system;

(3) review and make recommendations on the

consolidation or elimination of fragmented or duplicative programs;

(4) monitor and make recommendations on how best to

maximize future federal funding for the new Department of Human Services, specifically including consideration of any federal Medicaid, welfare, or block grant reform;

(5) review and make recommendations on geographic

regionalization;

(6) review and make recommendations on development

of common intake and client confidentiality processes;

(7) review and make recommendations to foster

effective community‑based privatization;

(8) obtain a management audit of the Department of

Children and Family Services, to be completed and submitted to the Task Force no later than July 1, 1997; and

(9) review any other appropriate matter and make

recommendations to assure a high quality, efficient, accountable, and financially responsible system for the delivery of human services to the people of Illinois.

(e) The Task Force may hire any necessary staff or consultants, enter into
contracts, and make any expenditures necessary for carrying out its duties, all
out of moneys appropriated for that purpose.  Staff support services may be
provided to the Task Force by the Office of the Governor, the agencies of
State government directly involved in the reorganization of the delivery of
human services, and appropriate legislative staff.

(f) The Task Force may establish an advisory committee to ensure maximum
public participation in the Task Force's planning, organization, and
implementation review process.  If established, the advisory committee shall
(1) advise and assist the Task Force in its duties, (2) help the Task Force to
identify issues of public concern, and (3) meet at least quarterly.

(g) The Task Force shall submit preliminary reports of its findings and
recommendations to the Governor and the General Assembly by February 1, 1997
and February 1, 1998 and a final report by January 1, 1999.  It may submit
other reports as it deems appropriate.

(h) The Task Force is abolished on February 1, 1999.

(Source: P.A. 94‑793, eff. 5‑19‑06.)

(20 ILCS 1305/80‑10)

Sec. 80‑10.

Discontinued departments and offices; successor agency.

(a) The Department of Alcoholism and Substance Abuse, the Department of
Mental Health and Developmental Disabilities, and the Department of
Rehabilitation Services are abolished on July 1, 1997.

(b) The terms of the persons then serving as the directors and assistant
directors of the Department of Alcoholism and Substance Abuse, the Department
of Mental Health and Developmental Disabilities, and the Department of
Rehabilitation Services shall end on July 1, 1997, and those offices are
abolished on that date.

(c) For the purposes of the Successor Agency Act, the Department of Human
Services is declared to be the successor agency of the Department of Alcoholism
and Substance Abuse, the Department of Mental Health and Developmental
Disabilities, and the Department of Rehabilitation Services.

(d) For the purposes of the Successor Agency Act, the Department of Human
Services is declared to be the successor agency of the Department of Public
Aid, the Department of Public Health, and the Department of Children and Family
Services, but only with respect to the functions of those Departments that are
transferred to the Department of Human Services under this Act.

(Source: P.A. 89‑507, eff. 7‑3‑96.)

(20 ILCS 1305/80‑15)

Sec. 80‑15.

Transfer of powers.

(a) Except as otherwise provided in this
Act, all of the rights, powers, duties, and functions vested by law in the
Department of Alcoholism and Substance Abuse, the Department of Mental Health
and Developmental Disabilities, and the Department of Rehabilitation Services
or in any office, council, committee, division, or bureau thereof are
transferred to the Department of Human Services on July 1, 1997.

(b) The rights, powers, duties, and functions vested in the Department of
Public Aid (or in any office, council, committee, division, or bureau thereof)
under Articles III, IV, VI, IX, and IXA of the Illinois Public Aid Code,
with certain exceptions specified in that Code, are transferred to the
Department of Human Services on July 1, 1997.

In addition, the Department of Human Services may also exercise the rights,
powers, duties, and functions vested in the Department of Public Aid under
Articles I, II, VIIIA, XI, XII, and XIII of the Illinois Public Aid Code to the
extent that they relate to the Department of Human Services' rights, powers,
duties, and functions under Articles III, IV, VI, IX, and IXA of the Illinois
Public Aid Code, subject to certain exceptions specified in that Code.

(c) Certain rights, powers, duties, and functions vested in the Department
of Public Health are transferred to the Department of Human Services on July 1,
1997, as provided in Article 90 of this Act.

(d) Certain rights, powers, duties, and functions vested in the Department
of Children and Family Services are transferred to the Department of Human
Services on July 1, 1997,  as provided in Article 90 of this Act.

(Source: P.A. 89‑507, eff. 7‑3‑96.)

(20 ILCS 1305/80‑20)

Sec. 80‑20.

Transfer of personnel.

(a) Personnel employed by the Department of Alcoholism and Substance Abuse,
the Department of Mental Health and Developmental Disabilities, or the
Department of Rehabilitation Services on June 30, 1997 are transferred to the
Department of Human Services on July 1, 1997.

(b) Except as provided in subsection (c), personnel employed by any other
predecessor agency on June 30, 1997 to perform duties pertaining to one or more
functions transferred to the Department of Human Services under this Act
are transferred to the Department of Human Services on July 1, 1997.

(c) In the case of a person employed by a predecessor agency (other than the
predecessor agencies governed by subsection (a) of this Section) to perform
both duties pertaining to a function transferred to the Department of Human
Services under this Act and duties pertaining to a function retained by
the predecessor agency, the Secretary, in consultation with the director of the
predecessor agency, shall determine whether to transfer the employee to the
Department of Human Services; until this determination has been made, the
transfer shall not take effect.

(d) The rights of State employees, the State, and its agencies under the
Personnel Code and applicable collective bargaining agreements and retirement
plans are not affected by this Act.

(Source: P.A. 89‑507, eff. 7‑3‑96.)

(20 ILCS 1305/80‑25)

Sec. 80‑25.

Transfer of property.

(a) Except as provided in subsection (b), all books, records, documents,
property (real and personal), unexpended appropriations, and pending business
pertaining to the rights, powers, duties, and functions transferred to the
Department of Human Services under this Act shall be transferred and
delivered to the Department of Human Services effective July 1, 1997.

(b) In the case of books, records, or documents that pertain both to a
function transferred to the Department of Human Services under this Act
and to a function retained by a predecessor agency, the Secretary, in
consultation with the director of the predecessor agency, shall determine
whether the books, records, or documents shall be transferred, copied, or left
with the predecessor agency; until this determination has been made, the
transfer shall not take effect.

In the case of property or an unexpended appropriation that pertains both to
a function transferred to the Department of Human Services under this Act
and to a function retained by a predecessor agency, the Secretary, in
consultation with the director of the predecessor agency, shall determine
whether the property or unexpended appropriation shall be transferred, divided,
or left with the predecessor agency; until this determination has been made
(and, in the case of an unexpended appropriation, notice of the determination
has been filed with the State Comptroller), the transfer shall not take effect.

(Source: P.A. 89‑507, eff. 7‑3‑96.)

(20 ILCS 1305/80‑30)

Sec. 80‑30.

Rules and standards.

(a) The rules and standards of the Department's predecessor agencies that
are in effect on June 30, 1997 and pertain to the rights, powers, duties, and
functions transferred to the Department under this Act shall become the
rules and standards of the Department of Human Services on July 1, 1997 and
shall continue in effect until amended or repealed by the Department.

(b) Any rules pertaining to the rights, powers, duties, and functions
transferred to the Department under this Act that have been proposed by a
predecessor agency but have not taken effect or been finally adopted by June
30, 1997 shall become proposed rules of the Department of Human Services on
July 1, 1997, and any rulemaking procedures that have already been completed by
the predecessor agency for those proposed rules need not be repeated.

(c) As soon as practical after July 1, 1997, the Department of Human
Services shall revise and clarify the rules transferred to it under this Act to
reflect the reorganization of rights, powers, duties, and functions effected by
this 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 may
propose and adopt under the Illinois Administrative Procedure Act such other
rules as may be necessary to consolidate and clarify the rules of the agencies
reorganized by this Act.

(Source: P.A. 89‑507, eff. 7‑3‑96.)

(20 ILCS 1305/80‑35)

Sec. 80‑35.

Savings provisions.

(a) The rights, powers, duties, and functions transferred to the Department
of Human Services by this Act shall be vested in and exercised by the
Department subject to the provisions of this Act.  An act done by the
Department or an officer, employee, or agent of the Department in the exercise
of the transferred rights, powers, duties, or functions shall have the same
legal effect as if done by the predecessor agency or an officer, employee, or
agent of the predecessor agency.

(b) The transfer of rights, powers, duties, and functions to the Department
of Human Services under this Act does not invalidate any previous action taken
by or in respect to any of its predecessor agencies or their officers,
employees, or agents.  References to those predecessor agencies or their
officers, employees or agents in any document, contract, agreement, or law
shall, in appropriate contexts, be deemed to refer to the Department or its
officers, employees, or agents.

(c) The transfer of rights, powers, duties, and functions to the Department
of Human Services under this Act does not affect any person's rights,
obligations, or duties, including any civil or criminal penalties applicable
thereto, arising out of those transferred rights, powers, duties, and
functions.

(d) With respect to matters that pertain to a right, power, duty, or
function transferred to the Department of Human Services under this Act:

(1) Beginning July 1, 1997, a report or notice that

was previously required to be made or given by any person to a predecessor agency or any of its officers, employees, or agents shall be made or given in the same manner to the Department or its appropriate officer, employee, or agent.

(2) Beginning July 1, 1997, a document that was

previously required to be furnished or served by any person to or upon a predecessor agency or any of its officers, employees, or agents shall be furnished or served in the same manner to or upon the Department or its appropriate officer, employee, or agent.

(e) This Act does not affect any act done, ratified, or cancelled, any right
occurring or established, or any action or proceeding had or commenced in an
administrative, civil, or criminal cause before July 1, 1997.  Any such action
or proceeding that pertains to a right, power, duty, or function transferred to
the Department of Human Services under this Act and that is pending on that
date may be prosecuted, defended, or continued by the Department of Human
Services.

(Source: P.A. 89‑507, eff. 7‑3‑96.)

(20 ILCS 1305/80‑40)

Sec. 80‑40.

(Repealed).

(Source: P.A. 89‑507, eff. 7‑3‑96. Repealed by P.A. 89‑506, eff. 7‑3‑96.)

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