2023 Illinois Compiled Statutes › Chapter 15 - EXECUTIVE OFFICERS › 15 ILCS 15/ - Executive Reorganization Implementation Act.

(15 ILCS 15/1) (from Ch. 127, par. 1801)
Sec. 1. 
		
		This Act shall be known and may be cited as the "Executive Reorganization
Implementation Act".
(Source: P.A. 81-984.)
(15 ILCS 15/2) (from Ch. 127, par. 1802)
Sec. 2. 
		
		The General Assembly declares that the public interest requires
the orderly implementation of Article V, Section 11, of the Illinois Constitution,
authorizing agency reorganization by executive order of the Governor.
(Source: P.A. 81-984.)
(15 ILCS 15/3) (from Ch. 127, par. 1803)
Sec. 3. 
		
		For the purposes of this Act, unless the context otherwise requires,
the terms specified in Sections 3.1 through 3.4 have the meanings ascribed
to them in those sections.
(Source: P.A. 81-984.)
(15 ILCS 15/3.1)
Sec. 3.1. "Agency directly responsible to the Governor" or "agency" means
any office, officer, division, or part thereof,
and any other office, nonelective officer, department, division, bureau,
board, or commission in the executive branch of State government,
except that it does not apply to any agency whose primary function is service
to the General Assembly or the Judicial Branch of State government, or to
any agency administered by the Attorney General, Secretary of State, State
Comptroller or State Treasurer.  In addition the term does not apply to
the following agencies created by law with the primary responsibility of
exercising regulatory
or adjudicatory functions independently of the Governor:
(1) the State Board of Elections;
(2) the State Board of Education;
(3) the Illinois Commerce Commission;
(4) the Illinois Workers' Compensation

Commission;
(5) the Civil Service Commission;
(6) the Fair Employment Practices Commission;
(7) the Pollution Control Board;
(8) the Illinois State Police Merit Board;
(9) the Illinois Racing Board;
(10) the Illinois Power Agency;
(11) the Illinois Law Enforcement Training Standards Board; and
(12)   the Illinois Liquor Control Commission.
(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
(15 ILCS 15/3.2) (from Ch. 127, par. 1803.2)
Sec. 3.2. 
		"Reorganization" means:
(1) the transfer of the whole or any part of any agency, or of the whole
or any part of the functions thereof, to the jurisdiction and control of
any other agency;
(2) the consolidation or coordination of the whole or any part of any
agency, or of the whole or any part of the functions thereof, with the whole
or any part of any other agency or the functions thereof;
(3) the consolidation or coordination of any part of any agency or the
functions thereof with any other part of the same agency or the functions thereof;
(4) the abolition of the whole or any part of any agency which does not
have, or upon the taking effect of reorganization will not have, any functions;
(5) the establishment of a new agency to perform all or any part of the
functions of an existing agency or agencies.
(Source: P.A. 81-984.)
(15 ILCS 15/3.3) (from Ch. 127, par. 1803.3)
Sec. 3.3. 
		
		"Contravene a statute" means any reorganization proposed by the
Governor under Article V, Section 11 of the Constitution or this Act which,
upon taking effect, modifies, changes or alters an existing statute so that
the statute must be amended to conform and be consistent with the change
effected in law by the reorganization.
(Source: P.A. 81-984.)
(15 ILCS 15/3.4) (from Ch. 127, par. 1803.4)
Sec. 3.4. 
		
		"Function" means any power, duty, right, or responsibility or
other activity authorized or required by law, as well as including any qualification
placed upon any department head, officer, or other statutorily created officer
or body or member.
(Source: P.A. 81-984.)
(15 ILCS 15/4) (from Ch. 127, par. 1804)
Sec. 4. 
		
		Any executive order proposing reorganization and transmitted to
the General Assembly by the Governor under this Act:
(a) May change the name of any agency affected by a reorganization and
the title of its head, and shall designate the name of any agency resulting
from a reorganization and the title of its head.
(b) May include provisions for the appointment of the head and one or more
other officers of any agency, including an agency resulting from a consolidation
or other type of reorganization.
The head
so provided for may be an individual, or may be a commission or board with
2 or more members, but in any case the appointment of such agency head shall
be subject to confirmation by the Senate.  The qualifications and procedures
of selection of any officer or head of an agency or commission or a board
member shall be retained.  The term of office of any such appointee, if
any term is provided, shall not exceed 4 years.
(c) Shall provide for the transfer of employees serving under the Personnel
Code who are engaged in the performance of a function transferred to another
agency, or engaged in the administration of a law the administration of
which is transferred to another agency, by the reorganization.  The status
and rights of such employees under the Personnel Code shall not be affected
by the reorganization.
(d) Shall provide for the transfer or other disposition of personnel records,
documents, books, correspondence, and other property, both real and personal,
affected by the reorganization.
(e) Shall provide for the transfer of unexpended balances of appropriations
and other funds available for use in connection with any function or agency
affected by the reorganization, as the Governor deems necessary, for use
in connection with the functions affected by the reorganization, or for
the use of the agency which has such functions after the reorganization
takes effect.  Unexpended balances so transferred shall be expended only
for the purpose for which the appropriation was originally made.
(f) Shall provide for terminating the affairs of any agency abolished.
(g) Shall provide by a savings clause for the transfer and continuation
of the rules, regulations and other agency actions affected by reorganization.
(h) Shall enumerate all acts of the General Assembly which establish the
function affected by the reorganization.
(i) Shall be delivered to the General Assembly by delivering a copy thereof
to the Secretary of the Senate and to the Clerk of the House of Representatives.
The Secretary of the Senate and Clerk of the House shall receipt and note
on the  Executive Order the date and time of delivery.  Delivery may take
place on a day and at an hour when the Senate and House are not in session
so long as the offices of Secretary and Clerk are open to receive the Executive
Order.  In determining the 60 day period within which the General Assembly
must act, the day on which delivery is made to the Senate and House shall
not be counted.  If delivery of the Executive Order to the two houses occurs
on different days, the 60 day period shall begin on the day following the
later delivery.
(Source: P.A. 81-984.)
(15 ILCS 15/5) (from Ch. 127, par. 1805)
Sec. 5. 
An executive order of the Governor proposing reorganization may
not provide for, and a reorganization under this Act may not have the effect of:
(a) continuing any function beyond the period     authorized by law for its exercise, or beyond the time when it would have terminated if the reorganization had not been made;
(b) authorizing any agency to exercise any function     which is not expressly authorized by law to be exercised by an agency in the executive branch when the executive order is transmitted to the General Assembly;
(c) increasing the term of any office beyond that     provided by law for the office;
(d) eliminating any qualifications of or procedures     for selecting or appointing any agency or department head or commission or board member; or
(e) abolishing any agency created by the Illinois     Constitution, or transferring to any other agency any function conferred by the Illinois Constitution on an agency created by that Constitution.
(Source: P.A. 98-756, eff. 7-16-14.)
(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. 96-136, eff. 8-7-09.)
(15 ILCS 15/6) (from Ch. 127, par. 1806)
Sec. 6. 
		
		A suit, action or other proceeding lawfully commenced by or against
the head of any agency or other officer of the State, in his official
capacity or in relation to the discharge of his official duties, does not
abate, by reason of the taking effect of any reorganization under this Act.
(Source: P.A. 81-984.)
(15 ILCS 15/7) (from Ch. 127, par. 1807)
Sec. 7. 
		
		Any functions affected by a reorganization which were subject
to any statutory restrictions, limitations or controls shall, after the
reorganization becomes effective, be subject to the same restrictions, limitations
and controls in addition to any restrictions, limitations, or controls established
as the result of the reorganization.  If there is a conflict in the application
of such restrictions, limitations, or controls, then the statutory restrictions,
limitations, or controls applying before reorganization shall prevail.
Any new agency established by a reorganization shall be:
(a) a State agency in the Executive Branch of government, directly responsible
to the Governor; and
(b) subject to all of the general laws applicable to executive branch
agencies, including but not limited to:
(1) The "Personnel Code", approved July 18, 1955, as amended.
(2) "The Illinois Purchasing Act", approved July 11, 1957, as amended.
(3) The "Illinois Small Business Purchasing Act", approved September 1,
1972, as amended.
(4) "An Act to punish fraud or extravagance in the expenditure of monies
appropriated for public improvements", approved May 28, 1877, as amended.
(5) "An Act in relation to State purchases of printing paper, stationery
and envelopes", approved July 22, 1965, as amended.
(6) The "State Printing Contracts Act", approved April 20, 1967, as amended.
(7) "An Act to require prompt payments by the State of Illinois for goods
or services", approved December 19, 1975, as amended.
(8) "An Act to regulate the supervision, accountability and control of
all state-owned properties, both real and personal, providing certain penalties
and repealing an Act therein named", approved August 12, 1949, as amended.
(9) "An Act relating to identification and use of motor vehicles of the
State", approved August 9, 1951, as amended.
(10) "An Act relating to internal auditing in State government", approved
August 11, 1967, as amended.
(11) "An Act in relation to State finance", approved June 10, 1919, as amended.
(12) "An Act in relation to the payment and disposition of monies received
by officers and employees of the State of Illinois by virtue of their office
or employment", approved June 9, 1911, as amended.
(13) The "State Employees Group Insurance Act of 1971", approved July
27, 1971, as amended.
(14) The "Illinois Governmental Ethics Act", approved August 26, 1967, as amended.
(15) "The Illinois Administrative Procedure Act", approved September 22,
1975, as amended.
(16) The "State Comptroller Act", approved September 7, 1972, as amended.
(17) The "Illinois State Auditing Act", approved September 20, 1973, as amended.
(18) "An Act in relation to uncollected claims and accounts receivable
of State agencies", approved May 15, 1961, as amended.
(19) "An Act to prevent fraudulent and corrupt practices in the making
or accepting of official appointments and contracts by public officers",
approved April 9, 1872, as amended.
(Source: P.A. 81-984.)
(15 ILCS 15/8) (from Ch. 127, par. 1808)
Sec. 8. 
		
		From the effective date of any reorganization under this Act, and
as long as such reorganization remains in effect, the operation of
any prior act of the General Assembly inconsistent with the reorganization
is suspended to the extent of the inconsistency.
(Source: P.A. 81-984.)
(15 ILCS 15/9) (from Ch. 127, par. 1809)
Sec. 9. 
		
		Each executive order or proclamation of the Governor filed with
the Secretary of State shall be printed by the Secretary of State, as soon
after receipt as possible, in the Illinois Register published under the
Illinois Administrative Procedure Act.  Each such executive order providing
for reorganization which takes effect under this Act shall be printed by
the Secretary of State
as part of the Session Laws of Illinois under the "State Printing Contracts
Act" and "An Act to revise the law in relation to the Secretary of State",
approved March 30, 1874, as now or hereafter amended.
(Source: P.A. 81-984.)
(15 ILCS 15/10) (from Ch. 127, par. 1810)
Sec. 10. 
		
		The Legislative Reference Bureau shall prepare for introduction
no later than in the annual session of the General Assembly next occurring
after a reorganization takes effect 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 reorganization.  The failure of the General Assembly
to enact such a bill does not affect the validity of reorganization.
(Source: P.A. 81-984.)
(15 ILCS 15/11) (from Ch. 127, par. 1811)
Sec. 11. 
Every agency created or assigned new functions pursuant to a
reorganization shall report to the General Assembly not later than 6 months
after the reorganization takes effect and annually thereafter for 3 years.
This report shall include data on the economies effected by the reorganization
and an analysis of the effect of the reorganization on State government.
The report shall also include the agency's recommendations for further legislation
relating to reorganization.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is required under
paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)