Bill Text: IL SB1443 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Liquor Control Act of 1934. Provides that Executive Order No. 2003-9 is superseded to the extent that it transferred clerks, management and staff support, employees, and other resources to the Department of Revenue from the Illinois Liquor Control Commission. Provides that the personnel that was transferred from the State Commission to the Department by Executive Order No. 2003-9 shall be transferred to the State Commission. Provides that any unexpended appropriations and balances and other funds that were available for use by the Department to operate the State Commission shall be transferred from the Department to the State Commission. Provides that the powers, duties, rights, and responsibilities transferred from the Department by the amendatory Act shall be vested in and shall be exercised by the State Commission. Provides that any rules adopted by the Department that pertain to the functions transferred to the Department by Executive Order No. 2003-9 shall become the rules of the State Commission. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 3-9(a) / Re-referred to Assignments [SB1443 Detail]

Download: Illinois-2015-SB1443-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1443 Introduced 2/20/2015, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
235 ILCS 5/3-20 new
Amends the Liquor Control Act of 1934. Provides that Executive Order No. 2003-9 is superseded to the extent that it transferred clerks, management and staff support, employees, and other resources to the Department of Revenue from the Illinois Liquor Control Commission. Provides that the personnel that was transferred from the State Commission to the Department by Executive Order No. 2003-9 shall be transferred to the State Commission. Provides that any unexpended appropriations and balances and other funds that were available for use by the Department to operate the State Commission shall be transferred from the Department to the State Commission. Provides that the powers, duties, rights, and responsibilities transferred from the Department by the amendatory Act shall be vested in and shall be exercised by the State Commission. Provides that any rules adopted by the Department that pertain to the functions transferred to the Department by Executive Order No. 2003-9 shall become the rules of the State Commission. Makes other changes. Effective immediately.
LRB099 07820 RPS 27955 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1443 LRB099 07820 RPS 27955 b
AN ACT concerning liquor.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Liquor Control Act of 1934 is amended by
adding Section 3-20 as follows:
(235 ILCS 5/3-20 new)
Sec. 3-20. State Commission; separation from the
Department of Revenue.
(a) Executive Order No. 2003-9 is hereby superseded by this
amendatory Act of the 99th General Assembly to the extent that
Executive Order No. 2003-9 transferred clerks, management and
staff support, employees, and other resources from the State
Commission to the Department of Revenue.
(b) To the extent that Executive Order No. 2003-9
transferred personnel to the Department of Revenue from the
State Commission, those personnel shall be transferred to the
State Commission. The status and rights of such employees under
the Personnel Code shall not be affected by the transfer. The
rights of the employees and the State of Illinois and its
agencies under the Personnel Code and applicable collective
bargaining agreements or under any pension, retirement, or
annuity plan shall not be affected by this amendatory Act of
the 99th General Assembly. To the extent that an employee

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performs duties for the State Commission and the Department of
Revenue itself or any other division or agency within the
Department of Revenue, that employee shall be transferred at
the Governor's discretion.
(c) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities transferred by this amendatory Act of the 99th
General Assembly from the Department of Revenue to the State
Commission, including, but not limited to, material in
electronic or magnetic format and necessary computer hardware
and software, shall be transferred to the State Commission.
(d) All unexpended appropriations and balances and other
funds available for use by the Department of Revenue to operate
the State Commission shall be transferred for use by the State
Commission. Unexpended balances so transferred shall be
expended only for the purpose for which the appropriations were
originally made.
(e) The powers, duties, rights, and responsibilities
transferred from the Department of Revenue by this amendatory
Act of the 99th General Assembly shall be vested in and shall
be exercised by the State Commission.
(f) Whenever reports or notices are now required to be made
or given or papers or documents furnished or served by any
person to or upon the Department of Revenue in connection with
any of the powers, duties, rights, and responsibilities

SB1443 - 3 - LRB099 07820 RPS 27955 b
transferred by this amendatory Act of the 99th General
Assembly, the same shall be made, given, furnished, or served
in the same manner to or upon the State Commission.
(g) Any rules of the Department of Revenue that relate to
the functions transferred from the State Commission to the
Department of Revenue by Executive Order No. 2003-9 that are in
full force on the effective date of this amendatory Act of the
99th General Assembly shall become the rules of the State
Commission. This amendatory Act of the 99th General Assembly
does not affect the legality of any such rules in the Illinois
Administrative Code.
Any proposed rules filed with the Secretary of State by the
Department of Revenue that are pending in the rulemaking
process on the effective date of this amendatory Act of the
99th General Assembly and pertain to the functions transferred
from the State Commission to the Department of Revenue by
Executive Order No. 2003-9 shall be deemed to have been filed
by the State Commission. As soon as practicable hereafter, the
State Commission shall revise and clarify the rules transferred
to it under this amendatory Act of the 99th General Assembly to
reflect the reorganization of powers, duties, rights, and
responsibilities affected by this amendatory Act of the 99th
General Assembly, 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.

SB1443 - 4 - LRB099 07820 RPS 27955 b
Section 99. Effective date. This Act takes effect upon
becoming law.