Bill Text: IL HB2416 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2416 Detail]

Download: Illinois-2013-HB2416-Introduced.html

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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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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,

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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,

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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

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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

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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.

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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

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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.

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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

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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

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becoming law.