HB2416 98TH GENERAL ASSEMBLY

LRB098 09660 JDS 39806 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2416

Introduced , by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

New Act

Creates the Department of Central Management Services Reorganization Act. Provides that the Department of Central Management Services is abolished on July 1, 2014. Provides for the transfer on that date of the Department's functions to other State agencies. Directs the Auditor General to make recommendations on, receive public comment on, and order the transfer of the Department's functions to other State agencies. Authorizes the General Assembly to disapprove the transfer of functions ordered by the Auditor General. Also provides for the transfer of specified personnel, records, unexpended moneys, and rules. Directs the Legislative Reference Bureau to prepare for introduction a revisory bill effecting such changes in the statutes as may be necessary to conform the statutes to the changes in law made by the Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the Department of Central Management Services Reorganization Act.

Section 5. Definitions. For the purposes of this Act:

"Department" means the Department of Central Management Services.

"Deputy Director" means any Deputy Director of the Department.

"Director" means the Director of Central Management Services.

"State agency" means any of the State agencies described in Section 1-7 of the Illinois State Auditing Act.

Section 10. Termination of Director, Deputy Directors, and Department; transfer of functions. On July 1, 2014, the Department is abolished, the terms of persons serving as Director or Deputy Director are terminated, and each function performed by the Department, the Director, or a Deputy Director, as well as associated personnel, shall be transferred in accordance with this Act. The State agencies to which the functions of the Department are transferred under this Act are, with respect to the transferred functions, the successor agencies to the Department under the Successor Agency Act.

Section 15. Preliminary report.

(a) Beginning on the effective date of this Act, the Auditor General shall study the laws governing the organization and function of the Department and compile, with the assistance of the Director, Deputy Directors, and personnel of the Department, a list of each function that the Department, a Deputy Director, or the Director is required by law to perform.

(b) On or before December 31, 2013, the Auditor General shall prepare and submit to the General Assembly a preliminary report that:

(1) identifies each function that the Department, the Director, or a Deputy Director is required by law to perform;

(2) recommends the State agency or agencies to which each function would be most efficiently transferred once the Department is abolished and the positions of Director and Deputy Director are terminated; and

(3) recommends how personnel of the Department are to be allocated among the State agencies to which functions are transferred under this Act.

Section 20. Comments on preliminary report. From January 1, 2014 until February 1, 2014, the Auditor General shall accept, from the head of any State agency, other than the Director, written comments regarding the recommendations found in the preliminary report.

Section 25. Final report and order. On or before May 1, 2014, the Auditor General shall prepare and submit to the General Assembly a final report and order that:

(1) responds to written comments received under Section 20 of this Act;

(2) identifies each function that the Department, the Director, or a Deputy Director is required by law to perform; and

(3) orders each of those functions and associated personnel to be transferred to a State agency or agencies other than the Department on July 1, 2014.

Section 30. Disapproval by the General Assembly. At any time after the issuance of the final report and order under Section 25 but before July 1, 2014, the General Assembly may, by joint resolution, disapprove the transfer of a function from the Department to a State agency or agencies. However, the joint resolution disapproving the transfer of that function shall be of no effect unless it specifies the State agency or agencies to which that function shall be transferred instead.

Section 35. Transfer of functions. If the transfer of a function has not been disapproved by a joint resolution of the General Assembly before July 1, 2014, then that function and all associated rights, powers, duties, and personnel shall be transferred on July 1, 2014 to the State agency or agencies specified in the final report and order prepared by the Auditor General under Section 25. However, if the transfer of a function has been disapproved by a joint resolution of the General Assembly before July 1, 2014, then that function and all associated rights, powers, duties, and personnel shall be transferred on July 1, 2014 to the State agency or agencies specified in the joint resolution of the General Assembly.

Section 40. Effect of transfer on boards and commissions. If an Act provides for the membership of the Director on a council, commission, board, or other entity relating to a transferred function and if that function was transferred under this Act to only one other State agency, then the head of the State agency to which that function was transferred shall serve in place of the Director beginning July 1, 2014. However, if an Act provides for the membership of the Director on a council, commission, board, or other entity relating to a transferred function and if that function is transferred under this Act to more than one State agency, then, notwithstanding any other law, the Director's place on that council, commission, board, or entity shall be terminated on July 1, 2014, and the number of members of that entity, as well as the number of members necessary for a quorum of that entity, shall be correspondingly reduced by operation of law.

Section 45. Effect of transfer on personnel. The status and rights of employees of the Department shall not be affected by the transfer of functions under this Act. The status and rights of those employees, and the rights of the State of Illinois and State agencies, under the Personnel Code and applicable collective bargaining agreements are not affected by this Act. Personnel affected by this Act shall continue their service with the State agency specified by either the final report and order required under Section 25 or the joint resolution of the General Assembly under Section 30, whichever is applicable.

Section 50. Effect of transfer on books and records. All books, records, papers, documents, property (real and personal), contracts, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by this Act from the Department, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred and delivered on July 1, 2014, or as soon thereafter as is practicable, to the State agency or agencies to which those functions are transferred under this Act; however, the delivery of that information may not violate any applicable confidentiality constraints.

Section 55. Effect of transfer on unexpended moneys. The State agencies to which the functions of the Department are transferred under this Act are, with respect to the transferred functions, the successor agencies to the Department under the Successor Agency Act and Section 9b of the State Finance Act. All unexpended appropriations and balances and other funds available for use in connection with the transferred functions are transferred to the State agency or agencies to which those functions have been transferred for use by those agencies for those purposes. Unexpended balances so transferred shall be expended only for the purpose for which the appropriation was originally made.

Section 60. Effect of transfer on exercise of transferred powers. The powers, duties, rights, and responsibilities transferred from the Department by this Act are vested in and shall be exercised by the State agency or agencies to which those functions are transferred under this Act. Each act done in the exercise of those powers, duties, rights, and responsibilities shall have the same legal effect as if done by the Department or its divisions, officers, or employees.

Section 65. Effect of transfer on rights, obligations, and duties. The transfer of powers, duties, rights, and responsibilities from the Department 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, duties, rights, and responsibilities. Beginning on July 1, 2014, references to the Department or its officers, employees, or agents in any document, contract, agreement, or law shall, in appropriate contexts, be deemed to refer to the State agency to which the function referenced in that document, contract, agreement, or law has been transferred under this Act or the officers, employees, or agents of that State agency, as applicable.

Section 70. Effect of transfer on State agency officers. Every officer of a State agency to which a function is transferred under this Act is, for any offense, subject to the same penalty or penalties, civil or criminal, as are prescribed by existing law for the same offense by an officer of the Department.

Section 75. Effect of transfer on reports, notices, and papers. Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Department in connection with a function transferred by this Act, the same shall be made, given, furnished, or served in the same manner to or upon the State agency to which those functions are transferred under this Act.

Section 80. Acts and actions unaffected by transfer. This Act does not affect any act done, ratified, or canceled, or any right occurring or established, before July 1, 2014 in connection with the functions transferred by this Act. This Act does not affect any action or proceeding had or commenced before July 1, 2014 in an administrative, civil, or criminal cause regarding the functions transferred by this Act, but any such action or proceeding may be defended, prosecuted, or continued by the State agency or agencies to which functions are transferred under this Act.

Section 85. Effect of transfer on rules.

(a) Any rule of the Department that (i) relates to the functions transferred by this Act, (ii) is in full force on July 1, 2014, and (iii) has been duly adopted by the Department shall become the rule of the State agency or agencies to which that function is transferred. This Act does not affect the legality of any such rules contained in the Illinois Administrative Code.

(b) Any proposed rule filed with the Secretary of State by the Department that is pending in the rulemaking process on July 1, 2014 and that pertains to the functions transferred under this Act shall be deemed to have been filed by the State agency or agencies to which that function is transferred.

(c) As soon as practical after July 1, 2014, the State agencies to which functions are transferred under this Act shall revise and clarify the rules transferred to them under this Section to reflect the reorganization of rights, powers, and duties effected by this Act, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained.

(d) A State agency to which functions are transferred under this Act may propose and adopt, under the Illinois Administrative Procedure Act, other rules of the Department that will now be administered by that State agency.

(e) To the extent that, prior to July 1, 2014, the Director had been empowered to prescribe rules or had other rulemaking authority jointly with the head of any another State agency, such duties shall be exercised on and after July 1, 2014 solely by the head of that State agency.

Section 90. Preparation of revisory bill. The Legislative Reference Bureau shall prepare for introduction no later than in the annual session of the General Assembly next occurring after July 1, 2014 a revisory bill effecting such changes in the statutes as may be necessary to conform the statutes to the changes in law made by this Act. The failure of the General Assembly to enact such a bill does not affect the validity of the reorganization.

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