093_HB2995ham001











                                     LRB093 04411 RCE 14054 a

 1                    AMENDMENT TO HOUSE BILL 2995

 2        AMENDMENT NO.     .  Amend House Bill 2995  by  replacing
 3    the title with the following:
 4        "AN ACT concerning executive branch appointments."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 1. Short title.  This Act may be  cited  as  the
 8    Gubernatorial Appointment Act.

 9        Section 5. Definitions.  As used in this Act:
10        "Late  term appointee" means a person who is appointed to
11    an office by a Governor  who  does  not  succeed  himself  or
12    herself  as  Governor,  whose appointment requires the advice
13    and consent of the Senate, and whose appointment is confirmed
14    by the Senate  90  or  fewer  days  before  the  end  of  the
15    appointing Governor's term.
16        "Succeeding   Governor"  means  the  Governor  in  office
17    immediately  after  a  Governor  who  appoints  a  late  term
18    appointee.

19        Section 10. Late term appointee's term of office.  A late
20    term appointee shall serve no longer than the sixtieth day of
 
                            -2-      LRB093 04411 RCE 14054 a
 1    the term of office of the succeeding Governor.

 2        Section 15. Vacancy created.  Upon  the  earlier  of  the
 3    resignation of a late term appointee or the conclusion of the
 4    sixtieth  day  of  the  term of the succeeding Governor, that
 5    appointed office shall be considered vacant.  The  succeeding
 6    Governor  may  then make an appointment to fill that vacancy,
 7    regardless of whether the statute that creates the  appointed
 8    office provides for appointment to fill a vacancy.  All other
 9    requirements of law applicable to that appointed office shall
10    apply  to  the succeeding Governor's appointee, including but
11    not limited to eligibility, qualifications, and  confirmation
12    by the Senate.

13        Section 20. Term of appointee.  The  term of office of an
14    appointee  filling a vacancy created under Section 15 of this
15    Act shall be the term of any appointee filling a  vacancy  as
16    provided  by  the  statute that creates the appointed office.
17    If the statute that creates the  appointed  office  does  not
18    specify  the  term  to  be  served  by an appointee filling a
19    vacancy, the term of the appointee shall be for the remainder
20    of the term the late term appointee would have otherwise been
21    entitled to fill.

22        Section 25. Reappointment.  Nothing in this Act prohibits
23    a  succeeding  Governor  from   reappointing   an   otherwise
24    qualified  late  term  appointee  to fill the vacancy created
25    under Section 15 of this Act.

26        Section 90.  Severability.  The provisions  of  this  Act
27    are severable under Section 1.31 of the Statute on Statutes.

28        Section   95.  The  Personnel Code is amended by changing
29    Section 8b.6 as follows:
 
                            -3-      LRB093 04411 RCE 14054 a
 1        (20 ILCS 415/8b.6) (from Ch. 127, par. 63b108b.6)
 2        Sec. 8b.6.  For a period of probation not to  exceed  one
 3    year  before appointment or promotion is complete, and during
 4    which period a  probationer  may  with  the  consent  of  the
 5    Director  of  Central  Management  Services, be discharged or
 6    reduced in class or rank, or replaced on the  eligible  list.
 7    For  a  person  appointed to a term appointment under Section
 8    8b.18 or 8b.19, the period of probation  shall  not  be  less
 9    than 6 months.
10    (Source: P.A. 82-789.)

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.".