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1 | AN ACT concerning vacancies in the position of Lieutenant | ||||||
2 | Governor.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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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, |
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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
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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
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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 |
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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
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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 |
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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.
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14 | (20 ILCS 405/405-500 rep.)
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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:
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20 | (30 ILCS 110/1) (from Ch. 127, par. 168-81)
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21 | Sec. 1.
The Governor, Lieutenant Governor, Attorney | ||||||
22 | General, Secretary
of State, Comptroller and Treasurer may |
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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.
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6 | Until January 11, 1999, while the office of Lieutenant
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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
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11 | Management Services Law, 20 ILCS 405/405-500).
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12 | (Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)
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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. |