HB4557sam001 98TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 5/30/2014

09800HB4557sam001 LRB098 15212 OMW 60489 a

AMENDMENT TO HOUSE BILL 4557

AMENDMENT NO. ______. Amend House Bill 4557 on page 1, immediately below the enacting clause, by inserting the following:

"Section 3. The Executive Reorganization Implementation Act is amended by changing Section 5.5 as follows:

(15 ILCS 15/5.5)

Sec. 5.5. Executive order provisions superseded.

(a) Executive Order No. 2003-9, in subdivision II(E), provides in part: "All such personnel shall initially constitute probationary employees under the Personnel Code. The Department of Central Management Services shall establish a procedure for qualification and retention of personnel in accordance with the Personnel Code.". This language, which violates Section 4 of this Act and contravenes applicable provisions of the Personnel Code, is hereby superseded and of no force or effect. The status and rights of employees under the Personnel Code who are transferred by Executive Order No. 2003-9 shall not be affected by the reorganization under that Order.

(b) Executive Order No. 2003-10, subdivision I(C), provides: "The statutory powers, duties, rights, responsibilities and liabilities regarding internal auditing by agencies, offices, divisions, departments, bureaus, boards and commissions directly responsible to the Governor derive from, among others, the Fiscal Control and Internal Auditing Act, 30 ILCS 10/1001 et seq., and the Illinois State Auditing Act, 30 ILCS 5/1-1 et seq.". Executive Order No. 2003-10 addresses only internal auditing functions and does not address external auditing functions or the powers of the Auditor General. The reference to the Illinois State Auditing Act is therefore incorrect, and that reference is hereby superseded and of no force or effect.

(c) Executive Order No. 2003-10, subdivision I(D), provides: "Staff legal functions across agencies shall be transferred from individual agencies to the Department of Central Management Services. Legal functions specific to each particular agency may remain at that agency.". This transfer of legal functions was intended to be and is hereby limited to legal technical advisor functions related to procurement and personnel issues across agencies. All other legal functions at an agency, including those related to issues particular to the agency, and legal functions performed by assistant attorneys general under the direction and control of the Attorney General, shall remain at that agency. To the extent that the language of subdivision I(D) of Executive Order No. 2003-10 may be construed to conflict with this subsection (c), that language in Executive Order No. 2003-10 is hereby superseded.

If any legal personnel (or their associated records or property) have been transferred from an agency to the Department of Central Management Services under the apparent direction of Executive Order No. 2003-10 but contrary to the provisions of this subsection (c), those legal personnel (and their associated records and property) shall be immediately transferred back to the original agency from the Department of Central Management Services.

(d) Executive Order No. 2003-11, in subdivisions II(B) and II(D), provides in part: "All such personnel shall initially constitute probationary employees under the Personnel Code. The Department of Central Management Services shall establish a procedure for qualification and retention of personnel in accordance with the Personnel Code.". This language, which violates Section 4 of this Act and contravenes applicable provisions of the Personnel Code, is hereby superseded and of no force or effect. The status and rights of employees under the Personnel Code who are transferred by Executive Order No. 2003-11 shall not be affected by the reorganization under that Order.

(e) Executive Order No. 2003-12, in subdivision II(B), provides in part: "All such personnel shall initially constitute probationary employees under the Personnel Code. The Department of Central Management Services shall establish a procedure for qualification and retention of personnel in accordance with the Personnel Code.". This language, which violates Section 4 of this Act and contravenes applicable provisions of the Personnel Code, is hereby superseded and of no force or effect. The status and rights of employees under the Personnel Code who are transferred by Executive Order No. 2003-12 shall not be affected by the reorganization under that Order.

(f) Executive Order No. 09-06, filed April 1, 2009, is hereby superseded and of no force or effect.

(g) Executive Order No. 14-03, in its introduction, provides: "'Reorganization' includes, in pertinent part, (i) the consolidation or coordination of any part of any agency or the functions thereof with any other part of the same agency or the functions thereof and (ii) the abolition of the whole or any part of any agency which does not have, or upon the taking effect of reorganization will not have, any functions". Executive Order No. 14-03 does not consolidate or coordinate parts of any agency within the scope of the authority it cites; rather, it establishes a new division within an agency to perform the functions of an existing bureau within an agency, as set forth in subsection (5) of Section 3.2 of this Act. The reference to the consolidation or coordination of agencies is therefore incorrect, and that reference is hereby superseded and of no force or effect.

Executive Order No. 14-03, Section II, provides that "the Functions and all associated powers, duties, rights and responsibilities of the Bureau of Real Estate Professions, Division of Professional Regulation, shall be transferred to the Division [of Real Estate].". Executive Order No. 14-03 abolishes a bureau within an agency that will not have any functions upon the effect of the transfer, but fails to provide for terminating the affairs of the abolished bureau, in violation of subsection (f) of Section 4 of this Act. The affairs of the Bureau of Real Estate Professions, Division of Professional Regulation are hereby terminated upon the effect of this amendatory Act of the 98th General Assembly.

Executive Order No. 14-03, Section VI, provides: "This Executive Order is effective upon filing with the Secretary of State.". This language, which violates Section 11 of Article V of the Illinois Constitution, is hereby superseded and of no force or effect. Executive Order No. 14-03 shall be effective on May 30, 2014, which is 60 days after it was delivered to the General Assembly.

(Source: P.A. 96-136, eff. 8-7-09.)".