Successor Agency Act

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(5 ILCS 705/Art. 10 heading)

ARTICLE 10

 

(5 ILCS 705/10-1)

Sec. 10-1. Short title. This Article may be cited as the Successor Agency Act.

(Source: P.A. 89-214, eff. 8-4-95.)

 

(5 ILCS 705/10-5)

Sec. 10-5. Designation. Unless a successor agency is specified by law, whenever a State agency ceases operations, a successor agency shall be designated as follows:

  • (1) for executive branch agencies, the Governor shall designate a successor agency;
  • (2) for judicial branch agencies, the Supreme Court shall designate a successor agency; and
  • (3) for legislative branch agencies, the Joint Committee on Legislative Support Services shall designate a successor agency.

(Source: P.A. 89-214, eff. 8-4-95.)

 

(5 ILCS 705/10-10)

Sec. 10-10. Property disposal. Unless otherwise specified by law, a State agency that ceases operations, or the successor agency designated in the manner prescribed by law, shall dispose of the closed agency's records and assets as follows:

  • (1) Financial and other records shall be transferred to the successor agency or to the State Archives. The records shall be retained intact until after they have been audited by the Auditor General.
  • (2) All property, whether real or personal in nature, and including but not limited to all inventory and equipment, shall be transferred to the successor agency or to the Department of Central Management Services for disposition in the manner prescribed by law or applicable contract. Neither the successor agency nor the Department of Central Management Services, except as authorized in Section 10-15, shall have any financial responsibility to any vendor or other person making a claim relating to the inventory, property, or equipment so transferred.

(Source: P.A. 89-214, eff. 8-4-95.)

 

(5 ILCS 705/10-15)

Sec. 10-15. Authority of successor agency. A successor agency designated in the manner prescribed by law shall act on behalf of the agency that has ceased operations and shall have the power and duty to receive and answer correspondence, pay claims due and owing to a Department of Central Management Services revolving fund from any remaining unlapsed appropriation, refer unpaid vendors to the Court of Claims, and arrange for the orderly termination of any affairs of the agency that has ceased operations that remain unresolved at the date of closure.

(Source: P.A. 89-214, eff. 8-4-95.)


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