|
the Lieutenant Governor that are prescribed by law or have been |
delegated by the Governor to the Lieutenant Governor. The |
Governor may delegate the exercise of any such power or duty to |
an appropriate State officer or agency under the jurisdiction |
and control of the Governor for so long as the position of |
Lieutenant Governor remains vacant. For purposes of Section 9b |
of the State Finance Act, an officer or agency that is |
delegated activities is considered a successor. |
(b) While the position of Lieutenant
Governor is
vacant, |
appropriations to the Lieutenant Governor, if any, may be
|
obligated and expended by the Governor for the
purposes |
specified in those appropriations that are for powers or duties |
that are not delegated. Those obligations and expenditures
|
shall continue to be accounted for as obligations and |
expenditures of the
Lieutenant Governor.
|
Section 20. Office of the Lieutenant Governor. |
(a) While the position of Lieutenant
Governor is
vacant, |
the Governor may suspend any or all the activities of the |
administrative entity known as the Office of the Lieutenant |
Governor and delegate those activities to one or more |
appropriate State officers or agencies under the jurisdiction |
and control of the Governor for so long as the position of |
Lieutenant Governor remains vacant. For purposes of Section 9b |
of the State Finance Act, an officer or agency that is |
delegated activities is considered a successor. |
|
(b) If the Governor does not suspend all of the activities |
of the Office of the Lieutenant Governor while the position of |
Lieutenant
Governor is
vacant, the Office shall continue in |
existence, under the direction of the Governor, as appropriate |
to carry out the activities of the Office, and appropriations |
to the Office of the Lieutenant Governor, if any, may be
|
obligated and expended, with the approval of the Governor, for |
the
purposes specified in those appropriations that are for |
activities that are not delegated. Those obligations and |
expenditures
shall continue to be accounted for as obligations |
and expenditures of the
Office of the Lieutenant Governor.
|
Section 25. Contracts; employment. |
(a) The assumption or delegation of powers and duties under |
this Act shall not be deemed
to change the terms or conditions |
of any contract, except that references in any contract to the |
Lieutenant Governor or the Office of the Lieutenant Governor |
may be deemed to refer to the Governor or other person or |
entity exercising the powers and duties of the Lieutenant |
Governor or the Office of the Lieutenant Governor with respect |
to that contract pursuant to this Act. |
(b) The assumption or delegation of powers and duties under |
this Act shall not by itself be deemed
to change any condition |
or status of employment; but in exercising such powers and |
duties the Governor shall have all the powers of the Lieutenant |
Governor to supervise, direct, and reorganize the Office of the |
|
Lieutenant Governor and its employees. |
(c) In the course of exercising any power or duty of the |
Lieutenant Governor that has been assumed by or delegated to a |
person under Section 15 or 20 of this Act, the person is not |
"serving as Lieutenant Governor" for the purposes of the |
Illinois Pension Code.
|
Section 30. Resumption of powers. When the position of |
Lieutenant Governor ceases to be vacant, the powers and duties |
assumed by the Governor under this Act, including any such |
powers that have been delegated by the Governor to a State |
employee, officer, or agency, shall once again be assumed and |
exercised by the Lieutenant Governor.
|
Section 35. Repeal. The Lieutenant Governor Vacancy Act |
(Sections 1 through 35) is repealed on January 10, 2011.
|
Section 90. 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. |
(Source: P.A. 93-586, eff. 8-22-03.)
|
(20 ILCS 405/405-500 rep.)
|
Section 92. The Department of Central Management Services |
Law of the
Civil Administrative Code of Illinois is amended by |
repealing Section 405-500.
|
Section 93. The Department of Commerce and Economic |
|
Opportunity Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 605-111 as follows:
|
(20 ILCS 605/605-111) (was 20 ILCS 605/46.34a)
|
Sec. 605-111. Transfer relating to the Illinois Main Street |
Program. To transfer
assume from the Department to the Office |
of the Lieutenant Governor on July
1, 2009 1999, all personnel, |
books, records, papers, documents, property both real
and |
personal, and pending business in any way pertaining to the |
Illinois Main
Street Program. All personnel transferred |
pursuant to this Section shall
receive certified status under |
the Personnel Code. Executive Order 09-08, filed April 1, 2009, |
is hereby superseded and has no force or effect.
|
(Source: P.A. 91-25, eff. 6-9-99; 92-16, eff. 6-28-01.)
|
Section 95. The Gifts and Grants to Government Act is |
amended by changing Section 1 as follows:
|
(30 ILCS 110/1) (from Ch. 127, par. 168-81)
|
Sec. 1.
The Governor, Lieutenant Governor, Attorney |
General, Secretary
of State, Comptroller and Treasurer may |
accept monetary gifts or grants
from any nongovernmental |
source, upon such terms and conditions as may be
imposed, and |
may expend, subject to appropriation, such gifts or grants
for |
any purpose necessary or desirable in the exercise of the |
powers or
the performance of the duties of their offices.
|
|
Until January 11, 1999, while the office of Lieutenant
|
Governor is vacant,
the powers and duties of the Lieutenant |
Governor under this Act shall be
carried out as provided in |
Section 67.35 of the Civil Administrative Code of
Illinois |
(renumbered; now Section 405-500 of the Department of Central
|
Management Services Law, 20 ILCS 405/405-500).
|
(Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |