Public Act 93-0586

SB1901 Enrolled                      LRB093 08677 RCE 08907 b

    AN ACT in relation to executive agency reorganization.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Executive Reorganization Implementation
Act is amended by adding Section 5.5 as follows:

    (15 ILCS 15/5.5 new)
    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 Executive order provisions superseded.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provisions of the Personnel Code, is hereby superseded and of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hereby superseded and of no force or effect.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.

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