Sen. Tim Bivins

Filed: 4/2/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2014

2    AMENDMENT NO. ______. Amend Senate Bill 2014 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1shall be filled only pursuant to the law applicable to making
2appointments to that office, subject to the provisions of this
3Section.
4    A person who has been nominated by the Governor before
5August 26, 2011 (the effective date of Public Act 97-582) for
6any affected office to which appointment requires the advice
7and consent of the Senate, who has been appointed pursuant to
8that advice and consent, and whose term of office has expired
9shall not continue in office longer than 60 calendar days after
10the date upon which his or her term of office has expired.
11After that 60 days, each such office is considered vacant and
12shall be filled only pursuant to the law applicable to making
13appointments to that office, subject to the provisions of this
14Section. If the term of office of a person who is subject to
15this paragraph expires more than 60 calendar days prior to the
16effective date of this amendatory Act of the 97th General
17Assembly, then that office is considered vacant on the
18effective date of this amendatory Act of the 97th General
19Assembly, and that vacancy shall be filled only pursuant to the
20law applicable to making appointments to that office. For the
21purposes of this subsection (a), "affected office" means (i) an
22office in which one receives any form of compensation,
23including salary or per diem, but not including expense
24reimbursement, or (ii) membership on the board of trustees of a
25public university.
26    (b) A person who is appointed by the Governor on or after

 

 

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1August 26, 2011 (the effective date of Public Act 97-582) to
2serve as a temporary appointee, pursuant to Article V, Section
39(b) of the Illinois Constitution or any other applicable
4statute, to any office to which appointment requires the advice
5and consent of the Senate shall not continue in office after
6the next meeting of the Senate unless the Governor has filed a
7message with the Secretary of the Senate nominating that person
8to fill that office on or before that meeting date. After that
9meeting date, each such office is considered vacant and shall
10be filled only pursuant to the law applicable to making
11appointments to that office, subject to the provisions of this
12Section.
13    A person who has been appointed by the Governor before
14August 26, 2011 (the effective date of Public Act 97-582) to
15serve as a temporary appointee, pursuant to Article V, Section
169(b) of the Illinois Constitution or any other applicable
17statute, to any office to which appointment requires the advice
18and consent of the Senate shall not continue in office after
19August 26, 2011 or the next meeting of the Senate after August
2026, 2011, as applicable, unless the Governor has filed a
21message with the Secretary of the Senate nominating that person
22to fill that office on or before the next meeting of the Senate
23after that temporary appointment was made. After that effective
24date or meeting date, as applicable, each such office is
25considered vacant and shall be filled only pursuant to the law
26applicable to making appointments to that office, subject to

 

 

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1the provisions of this Section.
2    For the purposes of this subsection (b), a meeting of the
3Senate does not include a perfunctory session day as designated
4by the Senate under its rules.
5    (c) A person who is designated by the Governor on or after
6August 26, 2011 (the effective date of Public Act 97-582) to
7serve as an acting appointee to any office to which appointment
8requires the advice and consent of the Senate shall not
9continue in office more than 60 calendar days unless the
10Governor files a message with the Secretary of the Senate
11nominating that person to fill that office within that 60 days.
12After that 60 days, each such office is considered vacant and
13shall be filled only pursuant to the law applicable to making
14appointments to that office, subject to the provisions of this
15Section. No person who has been designated by the Governor to
16serve as an acting appointee to any office to which appointment
17requires the advice and consent of the Senate shall, except at
18the Senate's request, be designated again as an acting
19appointee for that office at the same session of that Senate,
20subject to the provisions of this Section.
21    A person who has been designated by the Governor before
22August 26, 2011 (the effective date of Public Act 97-582) to
23serve as an acting appointee to any office to which appointment
24requires the advice and consent of the Senate shall not
25continue in office longer than 60 calendar days after August
2626, 2011 unless the Governor has filed a message with the

 

 

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1Secretary of the Senate nominating that person to fill that
2office on or before that 60 days. After that 60 days, each such
3office is considered vacant and shall be filled only pursuant
4to the law applicable to making appointments to that office,
5subject to the provisions of this Section. No person who has
6been designated by the Governor to serve as an acting appointee
7to any office to which appointment requires the advice and
8consent of the Senate shall, except at the Senate's request, be
9designated again as an acting appointee for that office at the
10same session of that Senate, subject to the provisions of this
11Section.
12    During the term of a General Assembly, the Governor may not
13designate a person to serve as an acting appointee to any
14office to which appointment requires the advice and consent of
15the Senate if that person's nomination to serve as the
16appointee for the same office was rejected by the Senate of the
17same General Assembly.
18    For the purposes of this subsection (c), "acting appointee"
19means a person designated by the Governor to serve as an acting
20director or acting secretary pursuant to Section 5-605 of the
21Civil Administrative Code of Illinois. "Acting appointee" also
22means a person designated by the Governor pursuant to any other
23statute to serve as an acting holder of any office, to execute
24the duties and functions of any office, or both.
25    (c-5) The superseding of a message filed with the Secretary
26of the Senate by filing a later message, or the filing of a

 

 

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1message with the Secretary of the Senate appointing the same
2person to the same office and for a term ending on the same
3date as that of a message that was previously filed with the
4Secretary of the Senate and later withdrawn, shall not have the
5effect of restarting the 60 session day period within which the
6Senate must confirm or reject the appointee under Article V,
7Section 9(a) of the Illinois Constitution or any applicable
8law.
9    (d) The provisions of this Section apply notwithstanding
10any law to the contrary. However, the provisions of this
11Section do not apply to appointments made under Article 1A of
12the Election Code or to the appointment of any person to serve
13as Director of the Illinois Power Agency.
14(Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".