093_SB1901enr SB1901 Enrolled LRB093 08677 RCE 08907 b 1 AN ACT in relation to executive agency reorganization. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Executive Reorganization Implementation 5 Act is amended by adding Section 5.5 as follows: 6 (15 ILCS 15/5.5 new) 7 Sec. 5.5. Executive order provisions superseded. 8 (a) Executive Order No. 2003-9, in subdivision II(E), 9 provides in part: "All such personnel shall initially 10 constitute probationary employees under the Personnel Code. 11 The Department of Central Management Services shall establish 12 a procedure for qualification and retention of personnel in 13 accordance with the Personnel Code.". This language, which 14 violates Section 4 of this Act and contravenes applicable 15 provisions of the Personnel Code, is hereby superseded and of 16 no force or effect. The status and rights of employees under 17 the Personnel Code who are transferred by Executive Order No. 18 2003-9 shall not be affected by the reorganization under that 19 Order. 20 (b) Executive Order No. 2003-10, subdivision I(C), 21 provides: "The statutory powers, duties, rights, 22 responsibilities and liabilities regarding internal auditing 23 by agencies, offices, divisions, departments, bureaus, boards 24 and commissions directly responsible to the Governor derive 25 from, among others, the Fiscal Control and Internal Auditing 26 Act, 30 ILCS 10/1001 et seq., and the Illinois State Auditing 27 Act, 30 ILCS 5/1-1 et seq.". Executive Order No. 2003-10 28 addresses only internal auditing functions and does not 29 address external auditing functions or the powers of the 30 Auditor General. The reference to the Illinois State 31 Auditing Act is therefore incorrect, and that reference is SB1901 Enrolled -2- LRB093 08677 RCE 08907 b 1 hereby superseded and of no force or effect. 2 (c) Executive Order No. 2003-10, subdivision I(D), 3 provides: "Staff legal functions across agencies shall be 4 transferred from individual agencies to the Department of 5 Central Management Services. Legal functions specific to 6 each particular agency may remain at that agency.". This 7 transfer of legal functions was intended to be and is hereby 8 limited to legal technical advisor functions related to 9 procurement and personnel issues across agencies. All other 10 legal functions at an agency, including those related to 11 issues particular to the agency, and legal functions 12 performed by assistant attorneys general under the direction 13 and control of the Attorney General, shall remain at that 14 agency. To the extent that the language of subdivision I(D) 15 of Executive Order No. 2003-10 may be construed to conflict 16 with this subsection (c), that language in Executive Order 17 No. 2003-10 is hereby superseded. 18 If any legal personnel (or their associated records or 19 property) have been transferred from an agency to the 20 Department of Central Management Services under the apparent 21 direction of Executive Order No. 2003-10 but contrary to the 22 provisions of this subsection (c), those legal personnel (and 23 their associated records and property) shall be immediately 24 transferred back to the original agency from the Department 25 of Central Management Services. 26 (d) Executive Order No. 2003-11, in subdivisions II(B) 27 and II(D), provides in part: "All such personnel shall 28 initially constitute probationary employees under the 29 Personnel Code. The Department of Central Management 30 Services shall establish a procedure for qualification and 31 retention of personnel in accordance with the Personnel 32 Code.". This language, which violates Section 4 of this Act 33 and contravenes applicable provisions of the Personnel Code, 34 is hereby superseded and of no force or effect. The status SB1901 Enrolled -3- LRB093 08677 RCE 08907 b 1 and rights of employees under the Personnel Code who are 2 transferred by Executive Order No. 2003-11 shall not be 3 affected by the reorganization under that Order. 4 (e) Executive Order No. 2003-12, in subdivision II(B), 5 provides in part: "All such personnel shall initially 6 constitute probationary employees under the Personnel Code. 7 The Department of Central Management Services shall establish 8 a procedure for qualification and retention of personnel in 9 accordance with the Personnel Code.". This language, which 10 violates Section 4 of this Act and contravenes applicable 11 provisions of the Personnel Code, is hereby superseded and of 12 no force or effect. The status and rights of employees under 13 the Personnel Code who are transferred by Executive Order No. 14 2003-12 shall not be affected by the reorganization under 15 that Order. 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.