99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1443

 

Introduced 2/20/2015, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/3-20 new

    Amends the Liquor Control Act of 1934. Provides that Executive Order No. 2003-9 is superseded to the extent that it transferred clerks, management and staff support, employees, and other resources to the Department of Revenue from the Illinois Liquor Control Commission. Provides that the personnel that was transferred from the State Commission to the Department by Executive Order No. 2003-9 shall be transferred to the State Commission. Provides that any unexpended appropriations and balances and other funds that were available for use by the Department to operate the State Commission shall be transferred from the Department to the State Commission. Provides that the powers, duties, rights, and responsibilities transferred from the Department by the amendatory Act shall be vested in and shall be exercised by the State Commission. Provides that any rules adopted by the Department that pertain to the functions transferred to the Department by Executive Order No. 2003-9 shall become the rules of the State Commission. Makes other changes. Effective immediately.


LRB099 07820 RPS 27955 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1443LRB099 07820 RPS 27955 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5adding Section 3-20 as follows:
 
6    (235 ILCS 5/3-20 new)
7    Sec. 3-20. State Commission; separation from the
8Department of Revenue.
9    (a) Executive Order No. 2003-9 is hereby superseded by this
10amendatory Act of the 99th General Assembly to the extent that
11Executive Order No. 2003-9 transferred clerks, management and
12staff support, employees, and other resources from the State
13Commission to the Department of Revenue.
14    (b) To the extent that Executive Order No. 2003-9
15transferred personnel to the Department of Revenue from the
16State Commission, those personnel shall be transferred to the
17State Commission. The status and rights of such employees under
18the Personnel Code shall not be affected by the transfer. The
19rights of the employees and the State of Illinois and its
20agencies under the Personnel Code and applicable collective
21bargaining agreements or under any pension, retirement, or
22annuity plan shall not be affected by this amendatory Act of
23the 99th General Assembly. To the extent that an employee

 

 

SB1443- 2 -LRB099 07820 RPS 27955 b

1performs duties for the State Commission and the Department of
2Revenue itself or any other division or agency within the
3Department of Revenue, that employee shall be transferred at
4the Governor's discretion.
5    (c) All books, records, papers, documents, property (real
6and personal), contracts, causes of action, and pending
7business pertaining to the powers, duties, rights, and
8responsibilities transferred by this amendatory Act of the 99th
9General Assembly from the Department of Revenue to the State
10Commission, including, but not limited to, material in
11electronic or magnetic format and necessary computer hardware
12and software, shall be transferred to the State Commission.
13    (d) All unexpended appropriations and balances and other
14funds available for use by the Department of Revenue to operate
15the State Commission shall be transferred for use by the State
16Commission. Unexpended balances so transferred shall be
17expended only for the purpose for which the appropriations were
18originally made.
19    (e) The powers, duties, rights, and responsibilities
20transferred from the Department of Revenue by this amendatory
21Act of the 99th General Assembly shall be vested in and shall
22be exercised by the State Commission.
23    (f) Whenever reports or notices are now required to be made
24or given or papers or documents furnished or served by any
25person to or upon the Department of Revenue in connection with
26any of the powers, duties, rights, and responsibilities

 

 

SB1443- 3 -LRB099 07820 RPS 27955 b

1transferred by this amendatory Act of the 99th General
2Assembly, the same shall be made, given, furnished, or served
3in the same manner to or upon the State Commission.
4    (g) Any rules of the Department of Revenue that relate to
5the functions transferred from the State Commission to the
6Department of Revenue by Executive Order No. 2003-9 that are in
7full force on the effective date of this amendatory Act of the
899th General Assembly shall become the rules of the State
9Commission. This amendatory Act of the 99th General Assembly
10does not affect the legality of any such rules in the Illinois
11Administrative Code.
12    Any proposed rules filed with the Secretary of State by the
13Department of Revenue that are pending in the rulemaking
14process on the effective date of this amendatory Act of the
1599th General Assembly and pertain to the functions transferred
16from the State Commission to the Department of Revenue by
17Executive Order No. 2003-9 shall be deemed to have been filed
18by the State Commission. As soon as practicable hereafter, the
19State Commission shall revise and clarify the rules transferred
20to it under this amendatory Act of the 99th General Assembly to
21reflect the reorganization of powers, duties, rights, and
22responsibilities affected by this amendatory Act of the 99th
23General Assembly, using the procedures for recodification of
24rules available under the Illinois Administrative Procedure
25Act, except that existing title, part, and section numbering
26for the affected rules may be retained.
 

 

 

SB1443- 4 -LRB099 07820 RPS 27955 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.