093_HB2413eng

HB2413 Engrossed                     LRB093 06749 DRJ 10996 b

 1        AN ACT in relation to aging.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Community Senior Services and Resources Act.

 6        Section 5.  Legislative findings.  The  General  Assembly
 7    recognizes   that  community  senior  services  and  resource
 8    centers:
 9             (1)  provide one-stop convenience  for  seniors  and
10        their families;
11             (2)  assist   seniors   in   avoiding  inappropriate
12        institutionalization; and
13             (3)  address the health, safety, and  well-being  of
14        those  who  receive senior services at home and those who
15        receive them in an institutional setting.

16        Section 10.  Legislative intent. It is the intent of  the
17    General  Assembly  that  the Department advocate on behalf of
18    community senior services and resource  centers  and  promote
19    their   financial   stability   through   direct  grants  and
20    identification of alternative funding sources.

21        Section 15.  Definitions. For the purposes of this Act:
22        "Advisory Committee" means the Community Senior  Services
23    and  Resource Center Advisory Committee created under Section
24    35.
25        "Center" means a community senior services  and  resource
26    center.
27        "Department" means the Department on Aging.
28        "Director" means the Director of Aging.
29        "Senior" means an individual 60 years of age or older.
 
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 1        "Home   or   community   based   services"  includes  the
 2    following:   elder   abuse;   home-delivered   meals;    case
 3    management;  wellness and fitness programs; counseling; adult
 4    day  services;  respite  care;  senior   benefits   outreach;
 5    congregate  meals;  long-term  care  ombudsman  services; job
 6    training  and  placement;  transportation;  chore   homemaker
 7    services;  caregiver  support;  computer  literacy;  and  any
 8    program  that  assists participants in avoiding inappropriate
 9    institutional placement or  addresses  participants'  health,
10    safety,   or well-being, regardless of whether the service is
11    received in a  participant's  home  or  in  an  institutional
12    setting  and a majority of participants are seniors or family
13    of seniors.

14        Section 20.  Duties. The Department shall perform all  of
15    the following duties:
16             (1)  Administer  this  Act and promulgate any rules,
17        regulations, guidelines, and directives necessary for its
18        implementation.
19             (2)  Establish  a  Community  Senior  Services   and
20        Resource Center Advisory Committee.
21             (3)  Make grants to non-profit agencies and units of
22        local   government  under  Section  25  of  this  Act  in
23        consultation with the Advisory Committee.
24             (4)  Facilitate access  to  government-issued  bonds
25        for the purpose of capital improvement.
26             (5)  Provide technical assistance to centers.
27             (6)  Develop a comprehensive list of centers and the
28        senior   services  they  offer  for  publication  on  the
29        Department's web site and for distribution through  other
30        promotional opportunities.
31             (7)  Develop   a   survey  for  annual  distribution
32        through the centers to gather information concerning  the
33        lack  or  inadequacy  of  senior services and to identify
 
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 1        service demand trends  and  the  unique  needs  of  older
 2        Illinoisans and their families.
 3             (8)  Conduct  an  annual survey of centers to assess
 4        their facility, program, and operational needs.
 5             (9)  Report  annually  in   conjunction   with   the
 6        Advisory  Committee  to  the  Governor  and  the  General
 7        Assembly.  The  report  shall  include  findings from all
 8        surveys  conducted  pursuant  to  this  Act,  a  list  of
 9        grantees  by  county  (including  amounts  awarded),  and
10        recommendations   concerning   the   ongoing    financial
11        stability of centers.
12             (10)  Pursue alternative funding opportunities.

13        Section   25.  Community  senior  services  and  resource
14    center grants.
15        (a)  On and after January 1,  2005,  the  Department  may
16    award  grants  under  this  Act. It is the General Assembly's
17    intent that grants awarded under this Act shall  be  made  to
18    the  extent  of  the availability and level of appropriations
19    made for this purpose by the General Assembly.
20        (b)  A center must meet  the  following  criteria  to  be
21    eligible to receive a grant under this Section:
22             (1)  It  must  be  a  non-profit agency or a unit of
23        local government.
24             (2)  It must be housed in a building or portion of a
25        building that includes space for group activities offered
26        to the community at large.
27             (3)  It must be open 5 or more days each week, 7  or
28        more hours per day.
29             (4)  It must employ paid staff.
30             (5)  It must offer 5 or more home or community-based
31        services to the community at large on a daily basis.
32             (6)  A  majority of the participants in the center's
33        programs must be seniors or family members of seniors.
 
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 1        (c)  A center must  apply  for  a  grant  in  the  manner
 2    prescribed  by  the Department. At a minimum, the application
 3    must do the following:
 4             (1)  Describe the services offered by the center.
 5             (2)  Identify the special needs of  the  center  and
 6        how  the  grant  will  be  used  to  alleviate identified
 7        funding problems.
 8             (3)  Demonstrate  that  the  center  addresses   the
 9        service  needs  of seniors in the community served by the
10        center.
11             (4)  Describe other potential funding sources.
12             (5)  Describe additional funding  opportunities,  if
13        any, to be leveraged with grant funds.
14             (6)  Provide  proof  of  the center's involvement in
15        the community's greater service delivery system.
16             (7)  Provide documentation that funds were requested
17        from other sources, including, but not limited to,  units
18        of local government, local donors, local Area Agencies on
19        Aging, or private or religious foundations.
20             (8)  Include  letters of support for the awarding of
21        the  grant,  from  sources  such  as   local   government
22        officials,   community   leaders,   other  human  service
23        providers, the local Area Agency  on  Aging,  private  or
24        religious    foundations,   or   local   membership-based
25        organizations.

26        Section 30.  Funding; waivers. The Director may seek  and
27    obtain  non-State  resources  for  which  the  State  may  be
28    eligible  and  other  dedicated  revenue streams and may also
29    seek and obtain waivers of federal requirements from the U.S.
30    Department of Health and Human Services.

31        Section  35.  Community  Senior  Services  and   Resource
32    Center Advisory Committee.
 
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 1        (a)  The  Community  Senior  Services and Resource Center
 2    Advisory Committee shall be established  by  the  Department.
 3    The  Advisory  Committee  shall  advise  the  Director in all
 4    aspects of the administration  of  this  Act,  including  the
 5    determination of grant awards.
 6        (b)  The  Advisory  Committee  shall  be  composed of the
 7    Director, who shall serve as a nonvoting ex  officio  member,
 8    and  14  voting  members.  The  voting members shall select a
 9    chairperson from  among  their  number.  The  Governor  shall
10    appoint the 14 voting members as follows:
11             (1)  Two   members   selected  from  recommendations
12        provided  by  an  association   representing   non-profit
13        centers.
14             (2)  Two   members   selected  from  recommendations
15        provided  by   an   association   representing   township
16        governments.
17             (3)  Two   members   selected  from  recommendations
18        provided by an association representing park districts.
19             (4)  Two  members  selected   from   recommendations
20        provided by an association representing municipalities.
21             (5)  Two   members   selected  from  recommendations
22        provided by statewide membership-based organizations that
23        engage  solely  in  advocacy  on  behalf  of  the  senior
24        population.
25             (6)  Two members selected from individuals  who  are
26        active participants in programs at a center.
27             (7)  Two  members who are directors of Area Agencies
28        on Aging.
29        (c)  All voting members shall be appointed by January  1,
30    2004. As determined by lot at the time of their appointment,
31    4  of the initial appointee's terms shall expire in one year;
32    5 in 2 years; and  5  in  3  years.  Thereafter,  all  voting
33    members  shall  be appointed to serve for terms of 3 years. A
34    voting member's term does not expire  until  a  successor  is
 
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 1    appointed  by the Governor. A voting member appointed to fill
 2    a vacancy occurring before the expiration  of  the  term  for
 3    which his or her predecessor was appointed shall be appointed
 4    for the remainder of that term.
 5        (d)  The  Advisory  Committee  shall  meet on a quarterly
 6    basis and at other times  at  the  call  of  the  chair.  The
 7    affirmative vote of 7 members of the Advisory Committee shall
 8    be required to take action. Members of the Advisory Committee
 9    shall receive no compensation for their service and shall not
10    be reimbursed for expenses related to their service.
11        (e)  To  the  extent  possible,  members  of the Advisory
12    Committee shall assist  the  Department  in  reviewing  grant
13    applications.
14        (f)  The  Advisory Committee shall be provided with draft
15    copies of proposed survey instruments for  their  review  and
16    comment before the survey is conducted.
17        (g)  The Advisory Committee shall be provided with copies
18    of  all  administrative  rules  and changes to administrative
19    rules implementing this Act  for  their  review  and  comment
20    before  notice  of  the proposed rules or changes is given as
21    required under the Illinois Administrative Procedure Act.  If
22    the  Advisory  Committee,  having  been asked for its review,
23    fails to comment to the Department on the proposed  rules  or
24    changes  within  90  days,  the  Department  may  proceed  as
25    required  for  rulemaking  under  the Illinois Administrative
26    Procedure Act.

27        Section  40.  Community  Senior  Services  and  Resources
28    Fund. The Community Senior Services  and  Resources  Fund  is
29    created  as  a special fund in the State treasury. All moneys
30    received by the Department for the implementation of this Act
31    shall be deposited into the Fund. Subject  to  appropriation,
32    moneys in the Fund shall be used for grant awards and for the
33    administration  of this Act. Interest earned on moneys in the
 
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 1    Fund shall be credited to the Fund.

 2        Section 85.  The Deposit of State Moneys Act  is  amended
 3    by changing Section 7 as follows:

 4        (15 ILCS 520/7) (from Ch. 130, par. 26)
 5        Sec.  7.  (a)  Proposals  made  may either be approved or
 6    rejected by the State Treasurer.  A bank or savings and  loan
 7    association  whose  proposal is approved shall be eligible to
 8    become a State depositary for the class or classes  of  funds
 9    covered   by  its  proposal.  A  bank  or  savings  and  loan
10    association whose  proposal  is  rejected  shall  not  be  so
11    eligible. The State Treasurer shall seek to have at all times
12    a  total  of  not  less  than  20  banks  or savings and loan
13    associations which are approved  as  State  depositaries  for
14    time deposits.
15        (b)  The State Treasurer may, in his discretion, accept a
16    proposal  from  an  eligible institution which provides for a
17    reduced rate  of  interest  provided  that  such  institution
18    documents   the   use   of   deposited  funds  for  community
19    development projects.
20        (b-5)  The State Treasurer may, in his or her discretion,
21    accept a proposal from an eligible institution that  provides
22    for   a   reduced   rate  of  interest,  provided  that  such
23    institution agrees to expend an amount of money equal to  the
24    amount  of  the  reduction  for  the  preservation of Cahokia
25    Mounds.
26        (b-10)  The  State  Treasurer  may,   in   his   or   her
27    discretion,  accept  a  proposal from an eligible institution
28    that provides for a reduced rate of interest,  provided  that
29    the  institution agrees to expend an amount of money equal to
30    the amount of the reduction for senior centers.
31        (c)  The State Treasurer may, in his or  her  discretion,
32    accept  a proposal from an eligible institution that provides
 
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 1    for interest earnings on deposits of State moneys to be  held
 2    by  the  institution  in  a  separate  account that the State
 3    Treasurer may use to secure up to 10% of any (i)  home  loans
 4    to  Illinois  citizens  purchasing  a  home  in  Illinois  in
 5    situations  where  the  participating  financial  institution
 6    would   not   offer  the  borrower  a  home  loan  under  the
 7    institution's  prevailing  credit   standards   without   the
 8    incentive  of a reduced rate of interest on deposits of State
 9    moneys, (ii) existing home loans  of  Illinois  citizens  who
10    have  failed to make payments on a home loan as a result of a
11    financial hardship due to circumstances beyond the control of
12    the borrower where there is a reasonable  prospect  that  the
13    borrower  will  be able to resume full mortgage payments, and
14    (iii) loans in amounts that  do  not  exceed  the  amount  of
15    arrearage  on  a  mortgage  and that are extended to enable a
16    borrower to become current on his or her mortgage obligation.
17        The  following  factors  shall  be  considered   by   the
18    participating  financial institution to determine whether the
19    financial hardship is due to circumstances beyond the control
20    of the borrower: (i) loss, reduction, or delay in the receipt
21    of income because of the death or disability of a person  who
22    contributed  to  the household income, (ii) expenses actually
23    incurred related to the uninsured damage or costly repairs to
24    the mortgaged  premises  affecting  its  habitability,  (iii)
25    expenses  related  to  the death or illness in the borrower's
26    household or of family members living outside  the  household
27    that  reduce  the  amount  of  household income, (iv) loss of
28    income or a substantial increase in  total  housing  expenses
29    because of divorce, abandonment, separation from a spouse, or
30    failure  to  support  a  spouse or child, (v) unemployment or
31    underemployment,  (vi)  loss,  reduction,  or  delay  in  the
32    receipt of federal, State, or other government benefits,  and
33    (vii)  participation  by  the homeowner in a recognized labor
34    action such as a strike.  In determining whether there  is  a
 
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 1    reasonable  prospect that the borrower will be able to resume
 2    full   mortgage   payments,   the   participating   financial
 3    institution  shall  consider  factors  including,   but   not
 4    necessarily  limited  to  the following: (i) a favorable work
 5    and credit  history,  (ii)  the  borrower's  ability  to  and
 6    history  of paying the mortgage when employed, (iii) the lack
 7    of an impediment or disability  that  prevents  reemployment,
 8    (iv)  new  education and training opportunities, (v) non-cash
 9    benefits that may reduce household expenses, and  (vi)  other
10    debts.
11        For  the  purposes  of  this Section, "home loan" means a
12    loan, other  than  an  open-end  credit  plan  or  a  reverse
13    mortgage  transaction,  for which (i) the principal amount of
14    the loan does not exceed 50%  of  the  conforming  loan  size
15    limit  for  a single-family dwelling as established from time
16    to time by the Federal National  Mortgage  Association,  (ii)
17    the  borrower is a natural person, (iii) the debt is incurred
18    by the borrower primarily for personal, family, or  household
19    purposes,  and (iv) the loan is secured by a mortgage or deed
20    of trust on real estate upon which there is located or  there
21    is  to  be  located  a structure designed principally for the
22    occupancy of no more than 4 families and that is or  will  be
23    occupied   by   the  borrower  as  the  borrower's  principal
24    dwelling.
25        (d)  If there is an agreement between the State Treasurer
26    and an eligible institution that details the use of deposited
27    funds, the agreement may  not  require  the  gift  of  money,
28    goods,  or services to a third party; this provision does not
29    restrict the eligible institution from contracting with third
30    parties in order to carry out the intent of the agreement  or
31    restrict  the  State Treasurer from placing requirements upon
32    third-party  contracts   entered   into   by   the   eligible
33    institution.
34    (Source:  P.A.  92-482,  eff.  8-23-01;  92-531, eff. 2-8-02;
 
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 1    92-625, eff. 7-11-02; revised 8-26-02.)

 2        Section 90.  The State Finance Act is amended  by  adding
 3    Section 5.595 as follows:

 4        (30 ILCS 105/5.595 new)
 5        Sec.  5.595.  The Community Senior Services and Resources
 6    Fund.

 7        Section 92.  The Public Funds Investment Act  is  amended
 8    by adding Section 2.10 as follows:

 9        (30 ILCS 235/2.10 new)
10        Sec.  2.10.  Unit of local government; deposit at reduced
11    rate of interest. The treasurer of a unit of local government
12    may, in his or her discretion, deposit public moneys of  that
13    unit  of local government in a financial institution pursuant
14    to an agreement that provides for a reduced rate of interest,
15    provided that the institution agrees to expend an  amount  of
16    money  equal  to  the  amount  of  the  reduction  for senior
17    centers.

18        Section 95.  The Consumer Fraud  and  Deceptive  Business
19    Practices Act is amended by changing Section 7 as follows:

20        (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
21        Sec.   7.  Injunctive   relief;  restitution;  and  civil
22    penalties.
23        (a)  Whenever the Attorney General or a State's  Attorney
24    has  reason to believe that any person is using, has used, or
25    is about to use any method, act or practice declared by  this
26    Act  to  be  unlawful,  and  that proceedings would be in the
27    public interest, he or she may bring an action in the name of
28    the People of the State against such person  to  restrain  by
 
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 1    preliminary  or  permanent injunction the use of such method,
 2    act or practice.  The Court, in its discretion, may  exercise
 3    all   powers   necessary,   including  but  not  limited  to:
 4    injunction;  revocation,  forfeiture  or  suspension  of  any
 5    license, charter, franchise, certificate or other evidence of
 6    authority of  any  person  to  do  business  in  this  State;
 7    appointment   of   a   receiver;   dissolution   of  domestic
 8    corporations or association suspension or termination of  the
 9    right  of foreign corporations or associations to do business
10    in this State; and restitution.
11        (b)  In addition to the  remedies  provided  herein,  the
12    Attorney  General  or  State's  Attorney  may request and the
13    Court may impose a civil penalty  in  a  sum  not  to  exceed
14    $50,000 against any person found by the Court to have engaged
15    in  any  method, act or practice declared unlawful under this
16    Act.  In the  event  the  court  finds  the  method,  act  or
17    practice  to  have  been  entered  into  with  the  intent to
18    defraud, the court  has  the  authority  to  impose  a  civil
19    penalty in a sum not to exceed $50,000 per violation.
20        (c)  In  addition  to any other civil penalty provided in
21    this Section, if a person is  found  by  the  court  to  have
22    engaged  in  any  method,  act, or practice declared unlawful
23    under this Act, and the violation  was  committed  against  a
24    person  65  years  of  age  or older, the court may impose an
25    additional civil penalty  not  to  exceed  $10,000  for  each
26    violation.
27        A  civil  penalty imposed under this subsection (c) shall
28    be paid to the State Treasurer who shall deposit the money in
29    the State treasury in a special fund designated  the  Elderly
30    Victim  Fund.   The  Treasurer shall deposit such moneys into
31    the Fund monthly. All of the moneys deposited into  the  Fund
32    shall  be  appropriated to the Department on Aging for grants
33    to senior centers in Illinois.  Fifty percent of  all  moneys
34    deposited  in  the Fund shall be appropriated to the Attorney
 
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 1    General for  the  investigation  and  prosecution  of  frauds
 2    against  persons  65  years  of  age  or older and 50% of all
 3    moneys in the Fund shall  be  appropriated  to  the  Attorney
 4    General   to   develop  and  implement  State-wide  education
 5    initiatives to inform persons 65 years of age or  older,  law
 6    enforcement  agencies,  the  judicial  system, social service
 7    professionals, and the general  public  about  prevention  of
 8    consumer crimes against persons 65 years of age or older, and
 9    about  the  provisions  of  this  Section,  the penalties for
10    violations of this Section, and the  remedies  available  for
11    victims of those violations.
12        An award of restitution under subsection (a) has priority
13    over  a  civil  penalty  imposed  by  the  court  under  this
14    subsection.
15        In  determining  whether  to impose a civil penalty under
16    this subsection and the amount  of  any  penalty,  the  court
17    shall consider the following:
18             (1)  Whether  the defendant's conduct was in willful
19        disregard of the rights of the person 65 years of age  or
20        older.
21             (2)  Whether the defendant knew or should have known
22        that  the defendant's conduct was directed to a person 65
23        years of age or older.
24             (3)  Whether the person 65 years of age or older was
25        substantially more vulnerable to the defendant's  conduct
26        because   of   age,   poor  health,  infirmity,  impaired
27        understanding, restricted mobility, or  disability,  than
28        other persons.
29             (4)  Any other factors the court deems appropriate.
30        (d)  This  Section applies if: (i) a court orders a party
31    to make payments to the Attorney General and the payments are
32    to be used for the operations of the Office of  the  Attorney
33    General  or (ii) a party agrees, in an Assurance of Voluntary
34    Compliance under this Act, to make payments to  the  Attorney
 
HB2413 Engrossed            -13-     LRB093 06749 DRJ 10996 b
 1    General  for  the  operations  of  the Office of the Attorney
 2    General.
 3        (e)  Moneys paid under any of the conditions described in
 4    subsection (d) shall be deposited into the  Attorney  General
 5    Court Ordered and Voluntary Compliance Payment Projects Fund,
 6    which  is  created  as  a special fund in the State Treasury.
 7    Moneys in the Fund shall be used, subject  to  appropriation,
 8    for  the  performance  of  any  function  pertaining  to  the
 9    exercise  of the duties of the Attorney General including but
10    not limited to enforcement of  any  law  of  this  State  and
11    conducting  public education programs; however, any moneys in
12    the Fund that are required by the court or by an agreement to
13    be used for a particular  purpose  shall  be  used  for  that
14    purpose.
15    (Source: P.A. 90-414, eff. 1-1-98.)

16        Section  99.  Effective  date. This Act takes effect upon
17    becoming law.