98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2416

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Department of Central Management Services Reorganization Act. Provides that the Department of Central Management Services is abolished on July 1, 2014. Provides for the transfer on that date of the Department's functions to other State agencies. Directs the Auditor General to make recommendations on, receive public comment on, and order the transfer of the Department's functions to other State agencies. Authorizes the General Assembly to disapprove the transfer of functions ordered by the Auditor General. Also provides for the transfer of specified personnel, records, unexpended moneys, and rules. Directs the Legislative Reference Bureau to prepare for introduction a revisory bill effecting such changes in the statutes as may be necessary to conform the statutes to the changes in law made by the Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Department of Central Management Services Reorganization Act.
 
6    Section 5. Definitions. For the purposes of this Act:
7    "Department" means the Department of Central Management
8Services.
9    "Deputy Director" means any Deputy Director of the
10Department.
11    "Director" means the Director of Central Management
12Services.
13    "State agency" means any of the State agencies described in
14Section 1-7 of the Illinois State Auditing Act.
 
15    Section 10. Termination of Director, Deputy Directors, and
16Department; transfer of functions. On July 1, 2014, the
17Department is abolished, the terms of persons serving as
18Director or Deputy Director are terminated, and each function
19performed by the Department, the Director, or a Deputy
20Director, as well as associated personnel, shall be transferred
21in accordance with this Act. The State agencies to which the
22functions of the Department are transferred under this Act are,

 

 

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1with respect to the transferred functions, the successor
2agencies to the Department under the Successor Agency Act.
 
3    Section 15. Preliminary report.
4    (a) Beginning on the effective date of this Act, the
5Auditor General shall study the laws governing the organization
6and function of the Department and compile, with the assistance
7of the Director, Deputy Directors, and personnel of the
8Department, a list of each function that the Department, a
9Deputy Director, or the Director is required by law to perform.
10    (b) On or before December 31, 2013, the Auditor General
11shall prepare and submit to the General Assembly a preliminary
12report that:
13        (1) identifies each function that the Department, the
14    Director, or a Deputy Director is required by law to
15    perform;
16        (2) recommends the State agency or agencies to which
17    each function would be most efficiently transferred once
18    the Department is abolished and the positions of Director
19    and Deputy Director are terminated; and
20        (3) recommends how personnel of the Department are to
21    be allocated among the State agencies to which functions
22    are transferred under this Act.
 
23    Section 20. Comments on preliminary report. From January 1,
242014 until February 1, 2014, the Auditor General shall accept,

 

 

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1from the head of any State agency, other than the Director,
2written comments regarding the recommendations found in the
3preliminary report.
 
4    Section 25. Final report and order. On or before May 1,
52014, the Auditor General shall prepare and submit to the
6General Assembly a final report and order that:
7        (1) responds to written comments received under
8    Section 20 of this Act;
9        (2) identifies each function that the Department, the
10    Director, or a Deputy Director is required by law to
11    perform; and
12        (3) orders each of those functions and associated
13    personnel to be transferred to a State agency or agencies
14    other than the Department on July 1, 2014.
 
15    Section 30. Disapproval by the General Assembly. At any
16time after the issuance of the final report and order under
17Section 25 but before July 1, 2014, the General Assembly may,
18by joint resolution, disapprove the transfer of a function from
19the Department to a State agency or agencies. However, the
20joint resolution disapproving the transfer of that function
21shall be of no effect unless it specifies the State agency or
22agencies to which that function shall be transferred instead.
 
23    Section 35. Transfer of functions. If the transfer of a

 

 

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1function has not been disapproved by a joint resolution of the
2General Assembly before July 1, 2014, then that function and
3all associated rights, powers, duties, and personnel shall be
4transferred on July 1, 2014 to the State agency or agencies
5specified in the final report and order prepared by the Auditor
6General under Section 25. However, if the transfer of a
7function has been disapproved by a joint resolution of the
8General Assembly before July 1, 2014, then that function and
9all associated rights, powers, duties, and personnel shall be
10transferred on July 1, 2014 to the State agency or agencies
11specified in the joint resolution of the General Assembly.
 
12    Section 40. Effect of transfer on boards and commissions.
13If an Act provides for the membership of the Director on a
14council, commission, board, or other entity relating to a
15transferred function and if that function was transferred under
16this Act to only one other State agency, then the head of the
17State agency to which that function was transferred shall serve
18in place of the Director beginning July 1, 2014. However, if an
19Act provides for the membership of the Director on a council,
20commission, board, or other entity relating to a transferred
21function and if that function is transferred under this Act to
22more than one State agency, then, notwithstanding any other
23law, the Director's place on that council, commission, board,
24or entity shall be terminated on July 1, 2014, and the number
25of members of that entity, as well as the number of members

 

 

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1necessary for a quorum of that entity, shall be correspondingly
2reduced by operation of law.
 
3    Section 45. Effect of transfer on personnel. The status and
4rights of employees of the Department shall not be affected by
5the transfer of functions under this Act. The status and rights
6of those employees, and the rights of the State of Illinois and
7State agencies, under the Personnel Code and applicable
8collective bargaining agreements are not affected by this Act.
9Personnel affected by this Act shall continue their service
10with the State agency specified by either the final report and
11order required under Section 25 or the joint resolution of the
12General Assembly under Section 30, whichever is applicable.
 
13    Section 50. Effect of transfer on books and records. All
14books, records, papers, documents, property (real and
15personal), contracts, and pending business pertaining to the
16powers, duties, rights, and responsibilities transferred by
17this Act from the Department, including, but not limited to,
18material in electronic or magnetic format and necessary
19computer hardware and software, shall be transferred and
20delivered on July 1, 2014, or as soon thereafter as is
21practicable, to the State agency or agencies to which those
22functions are transferred under this Act; however, the delivery
23of that information may not violate any applicable
24confidentiality constraints.
 

 

 

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1    Section 55. Effect of transfer on unexpended moneys. The
2State agencies to which the functions of the Department are
3transferred under this Act are, with respect to the transferred
4functions, the successor agencies to the Department under the
5Successor Agency Act and Section 9b of the State Finance Act.
6All unexpended appropriations and balances and other funds
7available for use in connection with the transferred functions
8are transferred to the State agency or agencies to which those
9functions have been transferred for use by those agencies for
10those purposes. Unexpended balances so transferred shall be
11expended only for the purpose for which the appropriation was
12originally made.
 
13    Section 60. Effect of transfer on exercise of transferred
14powers. The powers, duties, rights, and responsibilities
15transferred from the Department by this Act are vested in and
16shall be exercised by the State agency or agencies to which
17those functions are transferred under this Act. Each act done
18in the exercise of those powers, duties, rights, and
19responsibilities shall have the same legal effect as if done by
20the Department or its divisions, officers, or employees.
 
21    Section 65. Effect of transfer on rights, obligations, and
22duties. The transfer of powers, duties, rights, and
23responsibilities from the Department under this Act does not

 

 

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1affect any person's rights, obligations, or duties, including
2any civil or criminal penalties applicable thereto, arising out
3of those transferred powers, duties, rights, and
4responsibilities. Beginning on July 1, 2014, references to the
5Department or its officers, employees, or agents in any
6document, contract, agreement, or law shall, in appropriate
7contexts, be deemed to refer to the State agency to which the
8function referenced in that document, contract, agreement, or
9law has been transferred under this Act or the officers,
10employees, or agents of that State agency, as applicable.
 
11    Section 70. Effect of transfer on State agency officers.
12Every officer of a State agency to which a function is
13transferred under this Act is, for any offense, subject to the
14same penalty or penalties, civil or criminal, as are prescribed
15by existing law for the same offense by an officer of the
16Department.
 
17    Section 75. Effect of transfer on reports, notices, and
18papers. Whenever reports or notices are required to be made or
19given or papers or documents furnished or served by any person
20to or upon the Department in connection with a function
21transferred by this Act, the same shall be made, given,
22furnished, or served in the same manner to or upon the State
23agency to which those functions are transferred under this Act.
 

 

 

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1    Section 80. Acts and actions unaffected by transfer. This
2Act does not affect any act done, ratified, or canceled, or any
3right occurring or established, before July 1, 2014 in
4connection with the functions transferred by this Act. This Act
5does not affect any action or proceeding had or commenced
6before July 1, 2014 in an administrative, civil, or criminal
7cause regarding the functions transferred by this Act, but any
8such action or proceeding may be defended, prosecuted, or
9continued by the State agency or agencies to which functions
10are transferred under this Act.
 
11    Section 85. Effect of transfer on rules.
12    (a) Any rule of the Department that (i) relates to the
13functions transferred by this Act, (ii) is in full force on
14July 1, 2014, and (iii) has been duly adopted by the Department
15shall become the rule of the State agency or agencies to which
16that function is transferred. This Act does not affect the
17legality of any such rules contained in the Illinois
18Administrative Code.
19    (b) Any proposed rule filed with the Secretary of State by
20the Department that is pending in the rulemaking process on
21July 1, 2014 and that pertains to the functions transferred
22under this Act shall be deemed to have been filed by the State
23agency or agencies to which that function is transferred.
24    (c) As soon as practical after July 1, 2014, the State
25agencies to which functions are transferred under this Act

 

 

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1shall revise and clarify the rules transferred to them under
2this Section to reflect the reorganization of rights, powers,
3and duties effected by this Act, using the procedures for
4recodification of rules available under the Illinois
5Administrative Procedure Act, except that existing title,
6part, and section numbering for the affected rules may be
7retained.
8    (d) A State agency to which functions are transferred under
9this Act may propose and adopt, under the Illinois
10Administrative Procedure Act, other rules of the Department
11that will now be administered by that State agency.
12    (e) To the extent that, prior to July 1, 2014, the Director
13had been empowered to prescribe rules or had other rulemaking
14authority jointly with the head of any another State agency,
15such duties shall be exercised on and after July 1, 2014 solely
16by the head of that State agency.
 
17    Section 90. Preparation of revisory bill. The Legislative
18Reference Bureau shall prepare for introduction no later than
19in the annual session of the General Assembly next occurring
20after July 1, 2014 a revisory bill effecting such changes in
21the statutes as may be necessary to conform the statutes to the
22changes in law made by this Act. The failure of the General
23Assembly to enact such a bill does not affect the validity of
24the reorganization.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.