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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2494
Introduced 2/20/2009, by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
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New Act |
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20 ILCS 405/405-500 rep. |
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30 ILCS 110/1 |
from Ch. 127, par. 168-81 |
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Creates the Lieutenant Governor Vacancy Act. Provides that the Governor shall assume and exercise
the powers and duties of the Lieutenant Governor while the position of Lieutenant
Governor is
vacant. Authorizes the Governor to delegate any of those powers to an appropriate State employee, officer, or agency. Authorizes expenditure of appropriations. Authorizes the Governor to either suspend or continue the Office of the Lieutenant Governor. Includes provisions relating to contracts and employment. Amends the Department of Central Management Services Law of the
Civil Administrative Code of Illinois and the Gifts and Grants to Government Act to delete obsolete language relating to a previous vacancy. Effective immediately.
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A BILL FOR
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HB2494 |
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LRB096 04051 EFG 14089 b |
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| AN ACT concerning vacancies in the position of Lieutenant |
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| Governor.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Lieutenant Governor Vacancy Act.
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| Section 5. Definitions. As used in this Act: |
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| (a) The term "position of Lieutenant Governor" refers to |
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| the position in State government created by that name in the |
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| Illinois Constitution. |
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| (b) The term "Office of the Lieutenant Governor" refers to |
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| the administrative entity of that name which is under the |
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| direction of the Lieutenant Governor and assists in carrying |
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| out the duties and affairs of the Lieutenant Governor.
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| Section 10. Purpose. It is the purpose of this Act to |
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| provide for the exercise of the powers and duties of the |
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| Lieutenant Governor and the administration of
the Office of the |
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| Lieutenant Governor during periods when the
position of |
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| Lieutenant Governor is vacant.
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| Section 15. Powers of the Lieutenant Governor. |
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| (a) Whenever the position of Lieutenant
Governor is
vacant, |
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HB2494 |
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LRB096 04051 EFG 14089 b |
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| the Governor shall assume and exercise
the powers and duties of |
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| the Lieutenant Governor that are prescribed by law or have been |
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| delegated by the Governor to the Lieutenant Governor. The |
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| Governor may delegate the exercise of any such power or duty to |
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| an appropriate State employee, officer, or agency for so long |
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| as the position of Lieutenant Governor remains vacant. |
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| (b) While the position of Lieutenant
Governor is
vacant, |
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| appropriations to the Lieutenant Governor, if any, may be
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| obligated and expended by the Governor for the
purposes |
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| specified in those appropriations. Those obligations and |
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| expenditures
shall continue to be accounted for as obligations |
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| and expenditures of the
Lieutenant Governor.
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| Section 20. Office of the Lieutenant Governor. |
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| (a) While the position of Lieutenant
Governor is
vacant, |
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| the Governor may suspend the activities of the administrative |
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| entity known as the Office of the Lieutenant Governor and |
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| delegate any or all of those activities to one or more |
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| appropriate State employees, officers, or agencies for so long |
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| as the position of Lieutenant Governor remains vacant. |
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| (b) If the Governor does not suspend the activities of the |
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| Office of the Lieutenant Governor while the position of |
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| Lieutenant
Governor is
vacant, the Office shall continue in |
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| existence, under the direction of the Governor, as appropriate |
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| to carry out the activities of the Office, and appropriations |
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| to the Office of the Lieutenant Governor, if any, may be
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HB2494 |
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LRB096 04051 EFG 14089 b |
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| obligated and expended, with the approval of the Governor, for |
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| the
purposes specified in those appropriations. Those |
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| obligations and expenditures
shall continue to be accounted for |
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| as obligations and expenditures of the
Office of the Lieutenant |
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| Governor.
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| Section 25. Contracts; employment. |
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| (a) The assumption or delegation of powers and duties under |
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| this Act shall not be deemed
to change the terms or conditions |
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| of any contract, except that references in any contract to the |
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| Lieutenant Governor or the Office of the Lieutenant Governor |
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| may be deemed to refer to the Governor or other person or |
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| entity exercising the powers and duties of the Lieutenant |
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| Governor or the Office of the Lieutenant Governor with respect |
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| to that contract pursuant to this Act. |
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| (b) The assumption or delegation of powers and duties under |
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| this Act shall not by itself be deemed
to change any condition |
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| or status of employment; but in exercising such powers and |
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| duties the Governor shall have all the powers of the Lieutenant |
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| Governor to supervise, direct, and reorganize the Office of the |
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| Lieutenant Governor and its employees. |
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| (c) In the course of exercising any power or duty of the |
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| Lieutenant Governor that has been assumed by or delegated to a |
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| person under Section 15 or 20 of this Act, the person is not |
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| "serving as Lieutenant Governor" for the purposes of the |
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| Illinois Pension Code.
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HB2494 |
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LRB096 04051 EFG 14089 b |
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| Section 30. Resumption of powers. When the position of |
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| Lieutenant Governor ceases to be vacant, the powers and duties |
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| assumed by the Governor under this Act, including any such |
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| powers that have been delegated by the Governor to a State |
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| employee, officer, or agency, shall once again be assumed and |
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| exercised by the Lieutenant Governor.
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| (20 ILCS 405/405-500 rep.)
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| Section 90. The Department of Central Management Services |
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| Law of the
Civil Administrative Code of Illinois is amended by |
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| repealing Section 405-500.
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| Section 95. The Gifts and Grants to Government Act is |
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| amended by changing Section 1 as follows:
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| (30 ILCS 110/1) (from Ch. 127, par. 168-81)
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| Sec. 1.
The Governor, Lieutenant Governor, Attorney |
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| General, Secretary
of State, Comptroller and Treasurer may |
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| accept monetary gifts or grants
from any nongovernmental |
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| source, upon such terms and conditions as may be
imposed, and |
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| may expend, subject to appropriation, such gifts or grants
for |
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| any purpose necessary or desirable in the exercise of the |
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| powers or
the performance of the duties of their offices.
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| Until January 11, 1999, while the office of Lieutenant
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| Governor is vacant,
the powers and duties of the Lieutenant |
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LRB096 04051 EFG 14089 b |
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| Governor under this Act shall be
carried out as provided in |
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| Section 67.35 of the Civil Administrative Code of
Illinois |
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| (renumbered; now Section 405-500 of the Department of Central
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| Management Services Law, 20 ILCS 405/405-500).
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| (Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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