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 Executive order provisions superseded.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15    provisions of the Personnel Code, is hereby superseded and of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
 
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 1    hereby superseded and of no force or effect.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.