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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Lieutenant Governor Vacancy Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | (a) The term "position of Lieutenant Governor" refers to | ||||||
8 | the position in State government created by that name in the | ||||||
9 | Illinois Constitution. | ||||||
10 | (b) The term "Office of the Lieutenant Governor" refers to | ||||||
11 | the administrative entity of that name which is under the | ||||||
12 | direction of the Lieutenant Governor and assists in carrying | ||||||
13 | out the duties and affairs of the Lieutenant Governor. | ||||||
14 | Section 10. Purpose. It is the purpose of this Act to | ||||||
15 | provide for the exercise of the powers and duties of the | ||||||
16 | Lieutenant Governor and the administration of
the Office of the | ||||||
17 | Lieutenant Governor during periods when the
position of | ||||||
18 | Lieutenant Governor is vacant. | ||||||
19 | Section 15. Powers of the Lieutenant Governor. | ||||||
20 | (a) Whenever the position of Lieutenant
Governor is
vacant, | ||||||
21 | the Governor shall assume and exercise
the powers and duties of |
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1 | the Lieutenant Governor that are prescribed by law or have been | ||||||
2 | delegated by the Governor to the Lieutenant Governor. The | ||||||
3 | Governor may delegate the exercise of any such power or duty to | ||||||
4 | an appropriate State officer or agency under the jurisdiction | ||||||
5 | and control of the Governor for so long as the position of | ||||||
6 | Lieutenant Governor remains vacant. For purposes of Section 9b | ||||||
7 | of the State Finance Act, an officer or agency that is | ||||||
8 | delegated activities is considered a successor. | ||||||
9 | (b) While the position of Lieutenant
Governor is
vacant, | ||||||
10 | appropriations to the Lieutenant Governor, if any, may be
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11 | obligated and expended by the Governor for the
purposes | ||||||
12 | specified in those appropriations that are for powers or duties | ||||||
13 | that are not delegated. Those obligations and expenditures
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14 | shall continue to be accounted for as obligations and | ||||||
15 | expenditures of the
Lieutenant Governor. | ||||||
16 | Section 20. Office of the Lieutenant Governor. | ||||||
17 | (a) While the position of Lieutenant
Governor is
vacant, | ||||||
18 | the Governor may suspend any or all the activities of the | ||||||
19 | administrative entity known as the Office of the Lieutenant | ||||||
20 | Governor and delegate those activities to one or more | ||||||
21 | appropriate State officers or agencies under the jurisdiction | ||||||
22 | and control of the Governor for so long as the position of | ||||||
23 | Lieutenant Governor remains vacant. For purposes of Section 9b | ||||||
24 | of the State Finance Act, an officer or agency that is | ||||||
25 | delegated activities is considered a successor. |
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1 | (b) If the Governor does not suspend all of the activities | ||||||
2 | of the Office of the Lieutenant Governor while the position of | ||||||
3 | Lieutenant
Governor is
vacant, the Office shall continue in | ||||||
4 | existence, under the direction of the Governor, as appropriate | ||||||
5 | to carry out the activities of the Office, and appropriations | ||||||
6 | to the Office of the Lieutenant Governor, if any, may be
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7 | obligated and expended, with the approval of the Governor, for | ||||||
8 | the
purposes specified in those appropriations that are for | ||||||
9 | activities that are not delegated. Those obligations and | ||||||
10 | expenditures
shall continue to be accounted for as obligations | ||||||
11 | and expenditures of the
Office of the Lieutenant Governor. | ||||||
12 | Section 25. Contracts; employment. | ||||||
13 | (a) The assumption or delegation of powers and duties under | ||||||
14 | this Act shall not be deemed
to change the terms or conditions | ||||||
15 | of any contract, except that references in any contract to the | ||||||
16 | Lieutenant Governor or the Office of the Lieutenant Governor | ||||||
17 | may be deemed to refer to the Governor or other person or | ||||||
18 | entity exercising the powers and duties of the Lieutenant | ||||||
19 | Governor or the Office of the Lieutenant Governor with respect | ||||||
20 | to that contract pursuant to this Act. | ||||||
21 | (b) The assumption or delegation of powers and duties under | ||||||
22 | this Act shall not by itself be deemed
to change any condition | ||||||
23 | or status of employment; but in exercising such powers and | ||||||
24 | duties the Governor shall have all the powers of the Lieutenant | ||||||
25 | Governor to supervise, direct, and reorganize the Office of the |
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1 | Lieutenant Governor and its employees. | ||||||
2 | (c) In the course of exercising any power or duty of the | ||||||
3 | Lieutenant Governor that has been assumed by or delegated to a | ||||||
4 | person under Section 15 or 20 of this Act, the person is not | ||||||
5 | "serving as Lieutenant Governor" for the purposes of the | ||||||
6 | Illinois Pension Code. | ||||||
7 | Section 30. Resumption of powers. When the position of | ||||||
8 | Lieutenant Governor ceases to be vacant, the powers and duties | ||||||
9 | assumed by the Governor under this Act, including any such | ||||||
10 | powers that have been delegated by the Governor to a State | ||||||
11 | employee, officer, or agency, shall once again be assumed and | ||||||
12 | exercised by the Lieutenant Governor. | ||||||
13 | Section 35. Repeal. The Lieutenant Governor Vacancy Act | ||||||
14 | (Sections 1 through 35) is repealed on January 10, 2011. | ||||||
15 | Section 90. The Executive Reorganization Implementation | ||||||
16 | Act is amended by changing Section 5.5 as follows:
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17 | (15 ILCS 15/5.5)
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18 | Sec. 5.5. Executive order provisions superseded.
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19 | (a) Executive Order No. 2003-9, in subdivision II(E), | ||||||
20 | provides in part:
"All such personnel shall initially | ||||||
21 | constitute probationary employees
under the Personnel Code. | ||||||
22 | The Department of Central Management Services
shall establish a |
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1 | procedure for qualification and retention of personnel
in | ||||||
2 | accordance with the Personnel Code.". This language, which | ||||||
3 | violates
Section 4 of this Act and contravenes applicable | ||||||
4 | provisions of the Personnel
Code, is hereby superseded and of | ||||||
5 | no force or effect. The status and rights
of employees under | ||||||
6 | the Personnel Code who are transferred by Executive Order
No. | ||||||
7 | 2003-9 shall not be affected by the reorganization under that | ||||||
8 | Order.
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9 | (b) Executive Order No. 2003-10, subdivision I(C), | ||||||
10 | provides:
"The statutory powers, duties, rights, | ||||||
11 | responsibilities and liabilities
regarding internal auditing | ||||||
12 | by agencies, offices, divisions, departments,
bureaus, boards | ||||||
13 | and commissions directly responsible to the Governor derive
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14 | from, among others, the Fiscal Control and Internal Auditing | ||||||
15 | Act, 30 ILCS
10/1001 et seq., and the Illinois State Auditing | ||||||
16 | Act, 30 ILCS 5/1-1 et seq.".
Executive Order No. 2003-10 | ||||||
17 | addresses only internal auditing functions and does
not address | ||||||
18 | external auditing functions or the powers of the Auditor | ||||||
19 | General.
The reference to the Illinois State Auditing Act is | ||||||
20 | therefore incorrect, and
that reference is hereby superseded | ||||||
21 | and of no force or effect.
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22 | (c) Executive Order No. 2003-10, subdivision I(D), | ||||||
23 | provides:
"Staff legal functions across agencies shall be | ||||||
24 | transferred from individual
agencies to the Department of | ||||||
25 | Central Management Services. Legal functions
specific to each | ||||||
26 | particular agency may remain at that agency.".
This transfer of |
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1 | legal functions was intended to be and is hereby limited
to | ||||||
2 | legal technical advisor functions related to procurement and | ||||||
3 | personnel
issues across agencies. All other legal functions at | ||||||
4 | an agency, including
those related to issues particular to the | ||||||
5 | agency, and legal functions performed
by assistant attorneys | ||||||
6 | general under the direction and control of the Attorney
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7 | General, shall remain at that agency.
To the extent that the | ||||||
8 | language of subdivision I(D) of Executive Order No.
2003-10 may | ||||||
9 | be construed to conflict with this subsection (c), that | ||||||
10 | language
in Executive Order No. 2003-10 is hereby superseded.
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11 | If any legal personnel (or their associated records or | ||||||
12 | property) have been
transferred from an agency to the | ||||||
13 | Department of Central Management Services
under the apparent | ||||||
14 | direction of Executive Order No. 2003-10 but contrary to the
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15 | provisions of this subsection (c), those legal personnel (and | ||||||
16 | their associated
records and property) shall be immediately | ||||||
17 | transferred back to the original
agency from the Department of | ||||||
18 | Central Management Services.
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19 | (d) Executive Order No. 2003-11, in subdivisions II(B) and | ||||||
20 | II(D), provides
in part:
"All such personnel shall initially | ||||||
21 | constitute probationary employees
under the Personnel Code. | ||||||
22 | The Department of Central Management Services
shall establish a | ||||||
23 | procedure for qualification and retention of personnel
in | ||||||
24 | accordance with the Personnel Code.". This language, which | ||||||
25 | violates
Section 4 of this Act and contravenes applicable | ||||||
26 | provisions of the Personnel
Code, is hereby superseded and of |
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1 | no force or effect. The status and rights
of employees under | ||||||
2 | the Personnel Code who are transferred by Executive Order
No. | ||||||
3 | 2003-11 shall not be affected by the reorganization under that | ||||||
4 | Order.
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5 | (e) Executive Order No. 2003-12, in subdivision II(B), | ||||||
6 | provides in part:
"All such personnel shall initially | ||||||
7 | constitute probationary employees
under the Personnel Code. | ||||||
8 | The Department of Central Management Services
shall establish a | ||||||
9 | procedure for qualification and retention of personnel
in | ||||||
10 | accordance with the Personnel Code.". This language, which | ||||||
11 | violates
Section 4 of this Act and contravenes applicable | ||||||
12 | provisions of the Personnel
Code, is hereby superseded and of | ||||||
13 | no force or effect. The status and rights
of employees under | ||||||
14 | the Personnel Code who are transferred by Executive Order
No. | ||||||
15 | 2003-12 shall not be affected by the reorganization under that | ||||||
16 | Order.
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17 | (f) Executive Order No. 09-06, filed April 1, 2009, is | ||||||
18 | hereby superseded and of no force or effect. | ||||||
19 | (Source: P.A. 93-586, eff. 8-22-03.)
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20 | (20 ILCS 405/405-500 rep.)
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21 | Section 92. The Department of Central Management Services | ||||||
22 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
23 | repealing Section 405-500. | ||||||
24 | Section 93. The Department of Commerce and Economic |
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1 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
2 | amended by changing Section 605-111 as follows:
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3 | (20 ILCS 605/605-111) (was 20 ILCS 605/46.34a)
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4 | Sec. 605-111. Transfer relating to the Illinois Main Street | ||||||
5 | Program. To transfer
assume from the Department to the Office | ||||||
6 | of the Lieutenant Governor on July
1, 2009 1999 , all personnel, | ||||||
7 | books, records, papers, documents, property both real
and | ||||||
8 | personal, and pending business in any way pertaining to the | ||||||
9 | Illinois Main
Street Program. All personnel transferred | ||||||
10 | pursuant to this Section shall
receive certified status under | ||||||
11 | the Personnel Code. Executive Order 09-08, filed April 1, 2009, | ||||||
12 | is hereby superseded and has no force or effect.
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13 | (Source: P.A. 91-25, eff. 6-9-99; 92-16, eff. 6-28-01.)
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14 | Section 95. The Gifts and Grants to Government Act is | ||||||
15 | amended by changing Section 1 as follows:
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16 | (30 ILCS 110/1) (from Ch. 127, par. 168-81)
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17 | Sec. 1.
The Governor, Lieutenant Governor, Attorney | ||||||
18 | General, Secretary
of State, Comptroller and Treasurer may | ||||||
19 | accept monetary gifts or grants
from any nongovernmental | ||||||
20 | source, upon such terms and conditions as may be
imposed, and | ||||||
21 | may expend, subject to appropriation, such gifts or grants
for | ||||||
22 | any purpose necessary or desirable in the exercise of the | ||||||
23 | powers or
the performance of the duties of their offices.
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1 | Until January 11, 1999, while the office of Lieutenant
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2 | Governor is vacant,
the powers and duties of the Lieutenant | ||||||
3 | Governor under this Act shall be
carried out as provided in | ||||||
4 | Section 67.35 of the Civil Administrative Code of
Illinois | ||||||
5 | (renumbered; now Section 405-500 of the Department of Central
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6 | Management Services Law, 20 ILCS 405/405-500).
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7 | (Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law. |