HB2494 Engrossed

LRB096 04051 EFG 14089 b






1
    AN ACT concerning vacancies in the position of  Lieutenant 
2
Governor.

 
3
    Be it enacted by the People of the State of Illinois,
 
4
represented in the General Assembly:




 
5
    Section 1. Short title. This Act may be cited as the 
6
Lieutenant Governor Vacancy Act.
 
7
    Section 5. Definitions. As used in this Act:
8
    (a) The term "position of Lieutenant Governor" refers to 
9
the position in State government created by that name in the 
10
Illinois Constitution.
11
    (b) The term "Office of the Lieutenant Governor" refers to 
12
the administrative entity of that name which is  under the 
13
direction of the Lieutenant Governor and assists in carrying 
14
out the duties and affairs of the Lieutenant Governor.
 
15
    Section 10. Purpose.  It is the purpose of this Act to 
16
provide for the exercise of the powers and duties of the 
17
Lieutenant Governor and the administration of
the Office of the 
18
Lieutenant Governor during periods when the
position of 
19
Lieutenant Governor is vacant.
 
20
    Section 15. Powers of the Lieutenant Governor. 
21
    (a) Whenever the position of Lieutenant
Governor is
vacant, 
 


 






HB2494 Engrossed
- 2 -
LRB096 04051 EFG 14089 b




1
the Governor shall assume and exercise
the powers and duties of 
2
the Lieutenant Governor that are prescribed by law or have been 
3
delegated by the Governor to the Lieutenant Governor. The 
4
Governor may delegate the exercise of any such power or duty to 
5
an appropriate State officer or agency under the jurisdiction 
6
and control of the Governor for so long as the position of 
7
Lieutenant Governor remains vacant. For purposes of Section 9b 
8
of the State Finance Act, an officer or agency that is 
9
delegated activities is considered a successor. 
10
    (b) While the position of Lieutenant
Governor is
vacant, 
11
appropriations to the Lieutenant Governor, if any, may be

12
obligated and expended by the Governor for the
purposes 
13
specified in those appropriations that are for powers or duties 
14
that are not delegated.  Those obligations and expenditures

15
shall continue to be accounted for as obligations and 
16
expenditures of the
Lieutenant Governor.
 
17
    Section 20. Office of the Lieutenant Governor. 
18
    (a) While the position of Lieutenant
Governor is
vacant, 
19
the Governor may suspend any or all  the activities of the 
20
administrative entity known as the Office of the Lieutenant 
21
Governor and delegate those activities to one or more 
22
appropriate State officers or agencies under the jurisdiction 
23
and control of the Governor for so long as the position of 
24
Lieutenant Governor remains vacant. For purposes of Section 9b 
25
of the State Finance Act, an officer or agency that is 
 


 






HB2494 Engrossed
- 3 -
LRB096 04051 EFG 14089 b




1
delegated activities is considered a successor. 
2
    (b) If the Governor does not suspend all of the activities 
3
of the Office of the Lieutenant Governor while the position of 
4
Lieutenant
Governor is
vacant, the Office shall continue in 
5
existence, under the direction of the Governor, as appropriate 
6
to carry out the activities of the Office, and appropriations 
7
to the Office of the Lieutenant Governor, if any,  may be

8
obligated and expended, with the approval of the Governor, for 
9
the
purposes specified in those appropriations that are for 
10
activities  that are not delegated.  Those obligations and 
11
expenditures
shall continue to be accounted for as obligations 
12
and expenditures of the
Office of the Lieutenant Governor.
 
13
    Section 25. Contracts; employment. 
14
    (a) The assumption or delegation of powers and duties under 
15
this Act shall not be deemed
to change the terms or conditions 
16
of any contract, except  that references in any contract to the 
17
Lieutenant Governor or the Office of the Lieutenant Governor 
18
may be deemed to refer to the Governor or other person or 
19
entity exercising the powers and duties of the Lieutenant 
20
Governor or the Office of the Lieutenant Governor with respect 
21
to that contract pursuant to this Act.
22
    (b) The assumption or delegation of powers and duties under 
23
this Act shall not by itself be deemed
to change any condition 
24
or status of employment; but in exercising such powers and 
25
duties the Governor shall have all the powers of the Lieutenant 
 


 






HB2494 Engrossed
- 4 -
LRB096 04051 EFG 14089 b




1
Governor to supervise, direct, and reorganize the Office of the 
2
Lieutenant Governor and its employees. 
3
    (c) In the course of exercising any power or duty of the 
4
Lieutenant Governor that has been  assumed by or delegated to a 
5
person under Section 15 or 20 of this Act, the person  is not 
6
"serving as Lieutenant Governor" for the purposes of the 
7
Illinois Pension Code.
 
8
    Section 30. Resumption of powers.  When the position of 
9
Lieutenant Governor ceases to be vacant, the powers and duties 
10
assumed by the Governor under this Act, including any such 
11
powers that have been delegated by the Governor to a State 
12
employee, officer, or agency, shall once again be assumed and 
13
exercised by the Lieutenant Governor.
 

14
    (20 ILCS 405/405-500 rep.)


15
    Section 90. The Department of Central Management Services 
16
Law of the
Civil Administrative Code of Illinois is amended  by 
17
repealing Section 405-500.
 
18
    Section 95. The Gifts and Grants to Government Act is 
19
amended  by changing Section 1 as follows:
 



20
    (30 ILCS 110/1)  (from Ch. 127, par. 168-81)



21
    Sec. 1. 
The Governor, Lieutenant Governor, Attorney 
22
General, Secretary
of State, Comptroller and Treasurer may 
 


 






HB2494 Engrossed
- 5 -
LRB096 04051 EFG 14089 b




1
accept monetary gifts or grants
from any nongovernmental 
2
source, upon such terms and conditions as may be
imposed, and 
3
may expend, subject to appropriation, such gifts or grants
for 
4
any purpose necessary or desirable in the exercise of the 
5
powers or
the performance of the duties of their offices.

6
    Until January 11, 1999, while the office of Lieutenant

7
Governor is vacant,
the powers and duties of the Lieutenant 
8
Governor under this Act shall be
carried out as provided in 
9
Section 67.35 of the Civil Administrative Code of
Illinois 
10
(renumbered; now Section 405-500 of the Department of Central

11
Management Services Law, 20 ILCS 405/405-500).

12
(Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)


 
13
    Section 97. Repeal. This Act is repealed on January 10, 
14
2011.
 
15
    Section 99. Effective date. This Act takes effect upon 
16
becoming law.