98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1188

 

Introduced 1/30/2013, by Sen. Tim Bivins

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 420/3A-40

    Amends the Illinois Governmental Ethics Act. Provides that, for purposes of determining the partisanship of any person who is appointed by the Governor to an office that either requires specific partisanship or limits the number of appointees from a single political party that may be appointed, the vote of that person in the 3 general primary elections immediately preceding the effective date of the appointment shall determine their partisanship for that person's term of office. Provides that a person who did not vote, or who voted but did not request a partisan ballot, in the 3 general primary elections immediately preceding the effective date of the appointment or who voted but requested partisan ballots for 2 or more different political parties in the 3 general primary elections immediately preceding the effective date of the appointment shall be deemed an independent for purposes of determining partisanship for that person's term of office.


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A BILL FOR

 

SB1188LRB098 06097 JDS 36136 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by changing Section 3A-40 as follows:
 
6    (5 ILCS 420/3A-40)
7    Sec. 3A-40. Appointees with expired terms; temporary and
8acting appointees.
9    (a) A person who is nominated by the Governor on or after
10August 26, 2011 (the effective date of Public Act 97-582) for
11any affected office to which appointment requires the advice
12and consent of the Senate, who is appointed pursuant to that
13advice and consent, and whose term of office expires on or
14after August 26, 2011 shall not continue in office longer than
1560 calendar days after the expiration of that term of office.
16After that 60th day, each such office is considered vacant and
17shall be filled only pursuant to the law applicable to making
18appointments to that office, subject to the provisions of this
19Section.
20    A person who has been nominated by the Governor before
21August 26, 2011 (the effective date of Public Act 97-582) for
22any affected office to which appointment requires the advice
23and consent of the Senate, who has been appointed pursuant to

 

 

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1that advice and consent, and whose term of office has expired
2shall not continue in office longer than 60 calendar days after
3the date upon which his or her term of office has expired.
4After that 60 days, each such office is considered vacant and
5shall be filled only pursuant to the law applicable to making
6appointments to that office, subject to the provisions of this
7Section. If the term of office of a person who is subject to
8this paragraph expires more than 60 calendar days prior to the
9effective date of this amendatory Act of the 97th General
10Assembly, then that office is considered vacant on the
11effective date of this amendatory Act of the 97th General
12Assembly, and that vacancy shall be filled only pursuant to the
13law applicable to making appointments to that office. For the
14purposes of this subsection (a), "affected office" means (i) an
15office in which one receives any form of compensation,
16including salary or per diem, but not including expense
17reimbursement, or (ii) membership on the board of trustees of a
18public university.
19    (b) A person who is appointed by the Governor on or after
20August 26, 2011 (the effective date of Public Act 97-582) to
21serve as a temporary appointee, pursuant to Article V, Section
229(b) of the Illinois Constitution or any other applicable
23statute, to any office to which appointment requires the advice
24and consent of the Senate shall not continue in office after
25the next meeting of the Senate unless the Governor has filed a
26message with the Secretary of the Senate nominating that person

 

 

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1to fill that office on or before that meeting date. After that
2meeting date, each such office is considered vacant and shall
3be filled only pursuant to the law applicable to making
4appointments to that office, subject to the provisions of this
5Section.
6    A person who has been appointed by the Governor before
7August 26, 2011 (the effective date of Public Act 97-582) to
8serve as a temporary appointee, pursuant to Article V, Section
99(b) of the Illinois Constitution or any other applicable
10statute, to any office to which appointment requires the advice
11and consent of the Senate shall not continue in office after
12August 26, 2011 or the next meeting of the Senate after August
1326, 2011, as applicable, unless the Governor has filed a
14message with the Secretary of the Senate nominating that person
15to fill that office on or before the next meeting of the Senate
16after that temporary appointment was made. After that effective
17date or meeting date, as applicable, each such office is
18considered vacant and shall be filled only pursuant to the law
19applicable to making appointments to that office, subject to
20the provisions of this Section.
21    For the purposes of this subsection (b), a meeting of the
22Senate does not include a perfunctory session day as designated
23by the Senate under its rules.
24    (c) A person who is designated by the Governor on or after
25August 26, 2011 (the effective date of Public Act 97-582) to
26serve as an acting appointee to any office to which appointment

 

 

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1requires the advice and consent of the Senate shall not
2continue in office more than 60 calendar days unless the
3Governor files a message with the Secretary of the Senate
4nominating that person to fill that office within that 60 days.
5After that 60 days, each such office is considered vacant and
6shall be filled only pursuant to the law applicable to making
7appointments to that office, subject to the provisions of this
8Section. No person who has been designated by the Governor to
9serve as an acting appointee to any office to which appointment
10requires the advice and consent of the Senate shall, except at
11the Senate's request, be designated again as an acting
12appointee for that office at the same session of that Senate,
13subject to the provisions of this Section.
14    A person who has been designated by the Governor before
15August 26, 2011 (the effective date of Public Act 97-582) to
16serve as an acting appointee to any office to which appointment
17requires the advice and consent of the Senate shall not
18continue in office longer than 60 calendar days after August
1926, 2011 unless the Governor has filed a message with the
20Secretary of the Senate nominating that person to fill that
21office on or before that 60 days. After that 60 days, each such
22office is considered vacant and shall be filled only pursuant
23to the law applicable to making appointments to that office,
24subject to the provisions of this Section. No person who has
25been designated by the Governor to serve as an acting appointee
26to any office to which appointment requires the advice and

 

 

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1consent of the Senate shall, except at the Senate's request, be
2designated again as an acting appointee for that office at the
3same session of that Senate, subject to the provisions of this
4Section.
5    During the term of a General Assembly, the Governor may not
6designate a person to serve as an acting appointee to any
7office to which appointment requires the advice and consent of
8the Senate if that person's nomination to serve as the
9appointee for the same office was rejected by the Senate of the
10same General Assembly.
11    For the purposes of this subsection (c), "acting appointee"
12means a person designated by the Governor to serve as an acting
13director or acting secretary pursuant to Section 5-605 of the
14Civil Administrative Code of Illinois. "Acting appointee" also
15means a person designated by the Governor pursuant to any other
16statute to serve as an acting holder of any office, to execute
17the duties and functions of any office, or both.
18    (d) The provisions of this Section apply notwithstanding
19any law to the contrary. However, the provisions of this
20Section do not apply to appointments made under Article 1A of
21the Election Code or to the appointment of any person to serve
22as Director of the Illinois Power Agency.
23    (e) Except as otherwise provided by law, for purposes of
24determining the partisanship of any person who is appointed by
25the Governor to an office that either requires specific
26partisanship or limits the number of appointees from a single

 

 

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1political party that may be appointed, the vote of that person
2in the 3 general primary elections immediately preceding the
3effective date of the appointment shall determine that person's
4partisanship for his or her term of office. A person who did
5not vote, or who voted but did not request a partisan ballot,
6in the 3 general primary elections immediately preceding the
7effective date of the appointment or who voted but requested
8partisan ballots for 2 or more different political parties in
9the 3 general primary elections immediately preceding the
10effective date of the appointment shall be deemed an
11independent for purposes of determining partisanship for that
12person's term of office. After being appointed to an office, no
13person shall be disqualified from continuing in that office
14during the term for which that person was appointed, or for
15holding over thereafter, based on that person's voting in a
16general primary election after his or her appointment.
17    This subsection (e) shall apply to a person who is
18nominated by the Governor on or after the effective date of
19this amendatory Act of the 98th General Assembly and shall
20apply to all appointments, including those which are acting or
21temporary.
22(Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.)