Illinois § 1-10

§ 1-10.

Transfer of functions. On and after March 25, 2016 (the effective date of Executive Order 2016-001): (a) (Blank). (b) (Blank). (c) The personnel of each transferring agency designated by the Governor are transferred to the Department. The status and rights of the employees and the State of Illinois or its transferring agencies under the Personnel Code, the Illinois Public Labor Relations Act, and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this Act. Under the direction of the Governor, the Secretary, in consultation with the transferring agencies and labor organizations representing the affected employees, shall identify each position and employee who is engaged in the performance of functions transferred to the Department, or engaged in the administration of a law the administration of which is transferred to the Department, to be transferred to the Department. An employee engaged primarily in providing administrative support for information technology functions may be considered engaged in the performance of functions transferred to the Department. (d) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities relating to dedicated units and information technology functions transferred under this Act to the Department, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Department. (e) All unexpended appropriations and balances and other funds available for use relating to dedicated units and information technology functions transferred under this Act shall be transferred for use by the Department at the direction of the Governor. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made. (f) The powers, duties, rights, and responsibilities relating to dedicated units and information technology functions transferred by this Act shall be vested in and shall be exercised by the Department. (g) 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 each dedicated unit in connection with any of the powers, duties, rights, and responsibilities relating to information technology functions transferred by this Act, the same shall be made, given, furnished, or served in the same manner to or upon the Department. (h) This Act does not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause by each dedicated unit relating to information technology functions before the transfer of responsibilities under this Act; such actions or proceedings may be prosecuted and continued by the Department. (i) (Blank). (j) (Blank). (Source: P.A. 102-376, eff. 1-1-22.) (Text of Section after amendment by P.A. 104-195) Sec. 1-10. Transfer of functions. On and after March 25, 2016 (the effective date of Executive Order 2016-001): (a) (Blank). (b) (Blank). (c) The personnel of each transferred agency designated by the Governor are transferred to the Department. The status and rights of the employees and the State of Illinois or its transferred agencies under the Personnel Code, the Illinois Public Labor Relations Act, and applicable collective bargaining agreements or under any pension, retirement, or annuity plan shall not be affected by this Act. Under the direction of the Governor, the Secretary, in consultation with the transferred agencies and labor organizations representing the affected employees, shall identify each position and employee who is engaged in the performance of functions transferred to the Department, or engaged in the administration of a law the administration of which is transferred to the Department, to be transferred to the Department. An employee engaged primarily in providing administrative support for information technology functions may be considered engaged in the performance of functions transferred to the Department. (d) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities relating to dedicated units and information technology functions transferred under this Act to the Department, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Department. (e) All unexpended appropriations and balances and other funds available for use relating to dedicated units and information technology functions transferred under this Act shall be transferred for use by the Department at the direction of the Governor. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made. (f) The powers, duties, rights, and responsibilities relating to dedicated units and information technology functions transferred by this Act shall be vested in and shall be exercised by the Department. (g) 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 each dedicated unit in connection with any of the powers, duties, rights, and responsibilities relating to information technology functions transferred by this Act, the same shall be made, given, furnished, or served in the same manner to or upon the Department. (h) This Act does not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause by each dedicated unit relating to information technology functions before the transfer of responsibilities under this Act; such actions or proceedings may be prosecuted and continued by the Department. (i) (Blank). (j) (Blank). (Source: P.A. 104-195, eff. 1-1-26.)