20 ILCS 801/ Department of Natural Resources Act.

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20 ILCS 801/Art. 80

(20 ILCS 801/Art. 80 heading) ARTICLE 80.

TRANSITION PROVISIONS

20 ILCS 801/80-5

(20 ILCS 801/80-5)

Sec. 80-5.

Redesignation of Department.

The Department of
Conservation is redesignated as the Department of Natural Resources.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)

20 ILCS 801/80-10

(20 ILCS 801/80-10)

Sec. 80-10.

Director and Assistant Director.

The persons
serving as Director and Assistant Director of Conservation on the effective
date of this Act shall continue
to serve, respectively, as the Director and Assistant Director of Natural
Resources for the remainder of
their appointed terms and until their successors are appointed and have
qualified.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)

20 ILCS 801/80-15

(20 ILCS 801/80-15)

Sec. 80-15.

Discontinued departments and offices.

(a) The Department of Energy and Natural Resources, the Department of Mines
and Minerals, the Abandoned Mined Lands Reclamation Council, and the Division
of Water Resources of the Department of Transportation are hereby abolished.

(b) The following offices are abolished: the Director of Energy and Natural
Resources, the Director of Mines and Minerals, and the Assistant Directors of
Mines and Minerals.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)

20 ILCS 801/80-20

(20 ILCS 801/80-20)

Sec. 80-20. Transfer of powers.

(a) Except as otherwise provided in this Act, all of the rights, powers,
and duties vested by law in the Department of Conservation or in any office,
division, or bureau thereof are retained by the Department of Natural
Resources.

All of the rights, powers, and duties vested by law in the Department of
Conservation, or in any office, division, or bureau thereof, pertaining to the
Lincoln Monument are transferred to the Historic Preservation Agency.

(b) Except as otherwise provided in this Act, all of the rights, powers,
and duties vested by law in the Department of Energy and Natural Resources or
in any office, division, or bureau thereof are transferred to the Department of
Natural Resources.

All of the rights, powers, and duties vested by law in the Department of
Energy and Natural Resources, or in any office, division, or bureau thereof,
pertaining to recycling programs and solid waste management, energy
conservation and alternative energy programs, coal development and marketing
programs, and Exxon overcharge matters are transferred to the Department of
Commerce and  Community Affairs (now Department of Commerce and Economic Opportunity).

(c) All of the rights, powers, and duties vested by law in the Department of
Mines and Minerals or in any office, division, or bureau thereof are
transferred to the Department of Natural Resources.

(d) All of the rights, powers, and duties vested by law in the Abandoned
Mined Lands Reclamation Council or in any office, division, or bureau thereof
are transferred to the Department of Natural Resources.

(e) All of the rights, powers, and duties vested by law in the Division of
Water Resources of the Department of Transportation or in any office, division,
or bureau thereof are transferred to the Department of Natural Resources.

(Source: P.A. 94-793, eff. 5-19-06.)

20 ILCS 801/80-25

(20 ILCS 801/80-25)

Sec. 80-25. Transfer of personnel.

(a) Personnel employed by the Department of Conservation to perform
functions that are retained within the Department of Natural Resources shall
continue their service within the renamed Department.

(b) Personnel employed by the Department of Energy and Natural Resources,
the Department of Mines and Minerals, the Abandoned Mined Lands Reclamation
Council, or the Division of Water Resources of the Department of Transportation
to perform functions that are transferred by this Act to the Department of
Natural Resources are transferred to the Department of Natural Resources.

(c) Personnel employed by the Department of Energy and Natural Resources
to perform functions that are transferred by this Act to the Department of
Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) are transferred to the Department of Commerce
and Community Affairs (now Department of Commerce and Economic Opportunity).

(d) Personnel employed by the abolished departments to perform functions
that are not clearly classifiable within the areas referred to in this Section
or who are employed to perform complex functions that are transferred in part
to different departments under this Act shall be assigned and transferred to
appropriate departments by the Director of Natural Resources, in consultation
with the Director of Central Management Services.

(e) The rights of State employees, the State, and its agencies under the
Personnel Code and applicable collective bargaining agreements and retirement
plans are not affected by this Act.

(Source: P.A. 94-793, eff. 5-19-06.)

20 ILCS 801/80-30

(20 ILCS 801/80-30) (from 20 ILCS 801/35)

Sec. 80-30. Transfer of property.

(a) All books, records, documents, property (real and personal),
unexpended appropriations, and pending business pertaining to the
rights, powers, and duties transferred by this Act from the Department of
Energy and Natural Resources, the Department of Mines and Minerals, the
Abandoned Mined Lands Reclamation Council, and the Division of Water Resources
of the Department of Transportation to the Department of Natural Resources
shall be delivered and transferred to the Department of Natural Resources.

All books, records, documents, property (real and personal), unexpended
appropriations, and pending business pertaining to the rights,
powers, and duties retained from the Department of Conservation by the
Department of Natural Resources shall be retained by the Department of
Natural Resources.

(b) All books, records, documents, property (real and personal),
unexpended appropriations, and pending business pertaining to the rights,
powers, and duties transferred by this Act from the Department of Energy and
Natural Resources to the Department of Commerce and  Community Affairs (now Department of Commerce and Economic Opportunity) shall be
delivered and transferred to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity).

(c) All books, records, documents, property (real and personal), unexpended
appropriations, and pending business pertaining to the rights, powers, and
duties transferred by this Act from the Department of Conservation to the
Historic Preservation Agency shall be delivered and transferred to the Historic
Preservation Agency.

(Source: P.A. 94-793, eff. 5-19-06.)

20 ILCS 801/80-35

(20 ILCS 801/80-35)

Sec. 80-35. Savings provisions.

(a) The rights, powers, and duties transferred to or retained in the
Department of Natural Resources, the Department of Commerce and  Community
Affairs (now Department of Commerce and Economic Opportunity), and the Historic Preservation Agency by this Act shall be vested in
and shall be exercised by
them subject to the provisions of this Act.

(b) An act done by a successor department or agency, or an officer or
employee thereof, in the exercise of the rights, powers, and duties transferred
by this Act shall have the same legal effect as if done by the former
department or division or the officers or employees thereof.

(c) The transfer of rights, powers, and duties to the Department of Natural
Resources, the Department of Commerce and  Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic
Preservation Agency under this Act does not invalidate any previous action
taken by or in respect to any of their predecessor departments or divisions
or their officers or employees.
References to these predecessor departments or divisions or their officers or
employees in any document, contract, agreement, or law shall, in appropriate
contexts, be deemed to refer to the successor department, agency, officer, or
employee.

(d) The transfer of powers and duties to the Department of Natural
Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic
Preservation Agency under this Act does not affect any person's rights,
obligations, or duties, including any civil or criminal penalties applicable
thereto, arising out of those transferred powers and duties.

(e) Whenever reports or notices are now required to be made or given or
documents furnished or served by any person to or upon the departments or
divisions, officers and employees transferred by this Act, they shall be made,
given, furnished, or served in the same manner to or upon the successor
department or agency, officer or employee.

(f) This Act does not affect any act done, ratified, or cancelled, any right
occurring or established, or any action or proceeding had or commenced in an
administrative, civil, or criminal cause before this Act takes effect.  Any
such action or proceeding still pending may be prosecuted and continued by the
Department of Natural Resources, the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity), or the Historic Preservation Agency, as the case may be.

(g) This Act does not affect the legality of any rules that are in force on
the effective date of this Act that have been duly adopted by any of the
agencies reorganized under this Act.  Those rules shall continue in effect
until amended or repealed, except that references to a predecessor department
shall, in appropriate contexts, be deemed to refer to the successor department
or agency under this Act.

As soon as practicable after the effective date of this Act, the Department
of Natural Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the
Historic Preservation Agency shall each propose and adopt under the Illinois
Administrative Procedure Act any rules that may be necessary to consolidate and
clarify the rules of their predecessor departments relating to matters
transferred to them under this Act.

(Source: P.A. 94-793, eff. 5-19-06.)

20 ILCS 801/80-40

(20 ILCS 801/80-40)

Sec. 80-40.

Effect on executive order.

This Act supersedes the
reorganization provided for in Executive Order No. 2 (1995).

(Source: P.A. 89-445, eff. 2-7-96.)