Illinois § 5.5

§ 5.5.

Transfer of Council and Business Enterprise Program functions. (a) Notwithstanding any provision of law to the contrary, beginning on and after the effective date of this amendatory Act of the 101st General Assembly, the Commission on Equity and Inclusion shall have jurisdiction over the functions of the Business Enterprise Council and the Business Enterprise Program. (b) All powers, duties, rights, and responsibilities of the Department of Central Management Services relating to jurisdiction over the Council and the Business Enterprise Program are transferred to the Commission. (c) All books, records, papers, documents, property, contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities of the Department of Central Management Services relating to jurisdiction over the Council and the Business Enterprise Program are transferred to the Commission. (d) On the effective date of this amendatory Act of the 102nd General Assembly, the personnel of the Department of Central Management Services Business Enterprise Program are transferred to the Commission on Equity and Inclusion. The status and rights of such personnel under the Personnel Code are not 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 are not affected by this amendatory Act of the 102nd General Assembly. (e) 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 Business Enterprise Program in connection with any of the powers, duties, rights, and responsibilities transferred by Public Act 101-0657, the Commission on Equity and Inclusion shall make, give, furnish, or serve them. (f) The changes made to this Section by this amendatory Act of the 102nd General Assembly do not affect any act done, ratified, or canceled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Business Enterprise Program before the effective date of this amendatory Act of the 102nd General Assembly. Such actions or proceedings may be prosecuted and continued by the Commission on Equity and Inclusion. (g) Any rules that relate to the powers, duties, rights, and responsibilities of the Business Enterprise Program and are in force on the effective date of this amendatory Act of the 102nd General Assembly become the rules of the Commission on Equity and Inclusion. The changes made to this Section by this amendatory Act of the 102nd General Assembly do not affect the legality of any such rules. (h) Any proposed rules filed with the Secretary of State by the Business Enterprise Program that are pending in the rulemaking process on the effective date of this amendatory Act of the 102nd General Assembly and pertain to the transferred powers, duties, rights, and responsibilities under Public Act 101-0657 are deemed to have been filed by the Commission on Equity and Inclusion. As soon as practicable, the Commission on Equity and Inclusion shall revise and clarify the rules transferred to it under this amendatory Act of the 102nd General Assembly to reflect the reorganization of powers, duties, rights, and responsibilities affected by Public Act 101-0657, 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. The Commission on Equity and Inclusion may propose and adopt under the Illinois Administrative Procedure Act other rules of the Business Enterprise Program pertaining to Public Act 101-0657 that are administered by the Department of Central Management Services. (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)