Full Text of HB4557 98th General Assembly
HB4557sam001 98TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 5/30/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4557
| 2 | | AMENDMENT NO. ______. Amend House Bill 4557 on page 1, | 3 | | immediately below the enacting clause, by inserting the | 4 | | following:
| 5 | | "Section 3. The Executive Reorganization Implementation | 6 | | Act is amended by changing Section 5.5 as follows:
| 7 | | (15 ILCS 15/5.5)
| 8 | | Sec. 5.5. Executive order provisions superseded.
| 9 | | (a) Executive Order No. 2003-9, in subdivision II(E), | 10 | | provides in part:
"All such personnel shall initially | 11 | | constitute probationary employees
under the Personnel Code. | 12 | | The Department of Central Management Services
shall establish a | 13 | | procedure for qualification and retention of personnel
in | 14 | | accordance with the Personnel Code.". This language, which | 15 | | violates
Section 4 of this Act and contravenes applicable | 16 | | provisions of the Personnel
Code, is hereby superseded and of |
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| 1 | | no force or effect. The status and rights
of employees under | 2 | | the Personnel Code who are transferred by Executive Order
No. | 3 | | 2003-9 shall not be affected by the reorganization under that | 4 | | Order.
| 5 | | (b) Executive Order No. 2003-10, subdivision I(C), | 6 | | provides:
"The statutory powers, duties, rights, | 7 | | responsibilities and liabilities
regarding internal auditing | 8 | | by agencies, offices, divisions, departments,
bureaus, boards | 9 | | and commissions directly responsible to the Governor derive
| 10 | | from, among others, the Fiscal Control and Internal Auditing | 11 | | Act, 30 ILCS
10/1001 et seq., and the Illinois State Auditing | 12 | | Act, 30 ILCS 5/1-1 et seq.".
Executive Order No. 2003-10 | 13 | | addresses only internal auditing functions and does
not address | 14 | | external auditing functions or the powers of the Auditor | 15 | | General.
The reference to the Illinois State Auditing Act is | 16 | | therefore incorrect, and
that reference is hereby superseded | 17 | | and of no force or effect.
| 18 | | (c) Executive Order No. 2003-10, subdivision I(D), | 19 | | provides:
"Staff legal functions across agencies shall be | 20 | | transferred from individual
agencies to the Department of | 21 | | Central Management Services. Legal functions
specific to each | 22 | | particular agency may remain at that agency.".
This transfer of | 23 | | legal functions was intended to be and is hereby limited
to | 24 | | legal technical advisor functions related to procurement and | 25 | | personnel
issues across agencies. All other legal functions at | 26 | | an agency, including
those related to issues particular to the |
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| 1 | | agency, and legal functions performed
by assistant attorneys | 2 | | general under the direction and control of the Attorney
| 3 | | General, shall remain at that agency.
To the extent that the | 4 | | language of subdivision I(D) of Executive Order No.
2003-10 may | 5 | | be construed to conflict with this subsection (c), that | 6 | | language
in Executive Order No. 2003-10 is hereby superseded.
| 7 | | If any legal personnel (or their associated records or | 8 | | property) have been
transferred from an agency to the | 9 | | Department of Central Management Services
under the apparent | 10 | | direction of Executive Order No. 2003-10 but contrary to the
| 11 | | provisions of this subsection (c), those legal personnel (and | 12 | | their associated
records and property) shall be immediately | 13 | | transferred back to the original
agency from the Department of | 14 | | Central Management Services.
| 15 | | (d) Executive Order No. 2003-11, in subdivisions II(B) and | 16 | | II(D), provides
in part:
"All such personnel shall initially | 17 | | constitute probationary employees
under the Personnel Code. | 18 | | The Department of Central Management Services
shall establish a | 19 | | procedure for qualification and retention of personnel
in | 20 | | accordance with the Personnel Code.". This language, which | 21 | | violates
Section 4 of this Act and contravenes applicable | 22 | | provisions of the Personnel
Code, is hereby superseded and of | 23 | | no force or effect. The status and rights
of employees under | 24 | | the Personnel Code who are transferred by Executive Order
No. | 25 | | 2003-11 shall not be affected by the reorganization under that | 26 | | Order.
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| 1 | | (e) Executive Order No. 2003-12, in subdivision II(B), | 2 | | provides in part:
"All such personnel shall initially | 3 | | constitute probationary employees
under the Personnel Code. | 4 | | The Department of Central Management Services
shall establish a | 5 | | procedure for qualification and retention of personnel
in | 6 | | accordance with the Personnel Code.". This language, which | 7 | | violates
Section 4 of this Act and contravenes applicable | 8 | | provisions of the Personnel
Code, is hereby superseded and of | 9 | | no force or effect. The status and rights
of employees under | 10 | | the Personnel Code who are transferred by Executive Order
No. | 11 | | 2003-12 shall not be affected by the reorganization under that | 12 | | Order.
| 13 | | (f) Executive Order No. 09-06, filed April 1, 2009, is | 14 | | hereby superseded and of no force or effect. | 15 | | (g) Executive Order No. 14-03, in its introduction, | 16 | | provides: "'Reorganization' includes, in pertinent part, (i) | 17 | | the consolidation or coordination of any part of any agency or | 18 | | the functions thereof with any other part of the same agency or | 19 | | the functions thereof and (ii) the abolition of the whole or | 20 | | any part of any agency which does not have, or upon the taking | 21 | | effect of reorganization will not have, any functions". | 22 | | Executive Order No. 14-03 does not consolidate or coordinate | 23 | | parts of any agency within the scope of the authority it cites; | 24 | | rather, it establishes a new division within an agency to | 25 | | perform the functions of an existing bureau within an agency, | 26 | | as set forth in subsection (5) of Section 3.2 of this Act. The |
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| 1 | | reference to the consolidation or coordination of agencies is | 2 | | therefore incorrect, and that reference is hereby superseded | 3 | | and of no force or effect. | 4 | | Executive Order No. 14-03, Section II, provides that "the | 5 | | Functions and all associated powers, duties, rights and | 6 | | responsibilities of the Bureau of Real Estate Professions, | 7 | | Division of Professional Regulation, shall be transferred to | 8 | | the Division [of Real Estate].". Executive Order No. 14-03 | 9 | | abolishes a bureau within an agency that will not have any | 10 | | functions upon the effect of the transfer, but fails to provide | 11 | | for terminating the affairs of the abolished bureau, in | 12 | | violation of subsection (f) of Section 4 of this Act. The | 13 | | affairs of the Bureau of Real Estate Professions, Division of | 14 | | Professional Regulation are hereby terminated upon the effect | 15 | | of this amendatory Act of the 98th General Assembly. | 16 | | Executive Order No. 14-03, Section VI, provides: "This | 17 | | Executive Order is effective upon filing with the Secretary of | 18 | | State.". This language, which violates Section 11 of Article V | 19 | | of the Illinois Constitution, is hereby superseded and of no | 20 | | force or effect. Executive Order No. 14-03 shall be effective | 21 | | on May 30, 2014, which is 60 days after it was delivered to the | 22 | | General Assembly. | 23 | | (Source: P.A. 96-136, eff. 8-7-09.)".
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