Sen. John J. Cullerton
Filed: 11/18/2010
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1 | AMENDMENT TO HOUSE BILL 5057
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2 | AMENDMENT NO. ______. Amend House Bill 5057, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Governmental Ethics Act is amended | ||||||
6 | by adding Section 3A-40 as follows: | ||||||
7 | (5 ILCS 420/3A-40 new) | ||||||
8 | Sec. 3A-40. Appointees with expired terms; temporary and | ||||||
9 | acting appointees. | ||||||
10 | (a) A person who is nominated by the Governor on or after | ||||||
11 | the effective date of this amendatory Act of the 96th General | ||||||
12 | Assembly for any office to which appointment requires the | ||||||
13 | advice and consent of the Senate, who is appointed pursuant to | ||||||
14 | that advice and consent, and whose term of office expires shall | ||||||
15 | not continue in office longer than 30 days after the expiration | ||||||
16 | of that term of office. After that 30th day, each such office |
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1 | is considered vacant and shall be filled only pursuant to the | ||||||
2 | law applicable to making appointments to that office, subject | ||||||
3 | to the provisions of this
Section. | ||||||
4 | A person who has been nominated by the Governor before the | ||||||
5 | effective date of this amendatory Act of the 96th General | ||||||
6 | Assembly for any office to which appointment requires the | ||||||
7 | advice and consent of the Senate, who has been appointed | ||||||
8 | pursuant to that advice and consent, and whose term of office | ||||||
9 | has expired before that effective date shall not continue in | ||||||
10 | office longer than 30 days after that effective date. After | ||||||
11 | that 30th day, each such office is considered vacant and shall | ||||||
12 | be filled only pursuant to the law applicable to making | ||||||
13 | appointments to that office, subject to the provisions of this | ||||||
14 | Section. | ||||||
15 | (b) A person who is appointed by the Governor on or after | ||||||
16 | the effective date of this amendatory Act of the 96th General | ||||||
17 | Assembly to serve as a temporary appointee, pursuant to Article | ||||||
18 | V, Section 9(b) of the Illinois Constitution or any other | ||||||
19 | applicable statute, to any office to which appointment requires | ||||||
20 | the advice and consent of the Senate shall not continue in | ||||||
21 | office after the next meeting of the Senate unless the Governor | ||||||
22 | has filed a message with the Secretary of the Senate nominating | ||||||
23 | that person to fill that office on or before that meeting date. | ||||||
24 | After that meeting date, each such office is considered vacant | ||||||
25 | and shall be filled only pursuant to the law applicable to | ||||||
26 | making appointments to that office, subject to the provisions |
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1 | of this
Section. | ||||||
2 | A person who has been appointed by the Governor before the | ||||||
3 | effective date of this amendatory Act of the 96th General | ||||||
4 | Assembly to serve as a temporary appointee, pursuant to Article | ||||||
5 | V, Section 9(b) of the Illinois Constitution or any other | ||||||
6 | applicable statute, to any office to which appointment requires | ||||||
7 | the advice and consent of the Senate shall not continue in | ||||||
8 | office after that effective date or the next meeting of the | ||||||
9 | Senate, as applicable, unless the Governor has filed a message | ||||||
10 | with the Secretary of the Senate nominating that person to fill | ||||||
11 | that office on or before the next meeting of the Senate after | ||||||
12 | that temporary appointment was made. After that effective date | ||||||
13 | or meeting date, whichever last occurs, each such office is | ||||||
14 | considered vacant and shall be filled only pursuant to the law | ||||||
15 | applicable to making appointments to that office, subject to | ||||||
16 | the provisions of this Section. | ||||||
17 | (c) A person who is appointed by the Governor on or after | ||||||
18 | the effective date of this amendatory Act of the 96th General | ||||||
19 | Assembly to serve as an acting appointee to any office to which | ||||||
20 | appointment requires the advice and consent of the Senate shall | ||||||
21 | not continue in office more than 30 days unless the Governor | ||||||
22 | files a message with the Secretary of the Senate nominating | ||||||
23 | that person to fill that office within that 30 days. After that | ||||||
24 | 30 days, each such office is considered vacant and shall be | ||||||
25 | filled only pursuant to the law applicable to making | ||||||
26 | appointments to that office, subject to the provisions of this
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1 | Section. | ||||||
2 | A person who has been appointed by the Governor before the | ||||||
3 | effective date of this amendatory Act of the 96th General | ||||||
4 | Assembly to serve as an acting appointee to any office to which | ||||||
5 | appointment requires the advice and consent of the Senate shall | ||||||
6 | not continue in office for more than 30 days after that | ||||||
7 | effective date unless the Governor has filed a message with the | ||||||
8 | Secretary of the Senate nominating that person to fill that | ||||||
9 | office on or before that effective date. After that 30 days, | ||||||
10 | each such office is considered vacant and shall be filled only | ||||||
11 | pursuant to the law applicable to making appointments to that | ||||||
12 | office, subject to the provisions of this Section. | ||||||
13 | For the purposes of this subsection (c), "acting appointee" | ||||||
14 | means a person appointed by the Governor to serve as an acting | ||||||
15 | director or acting secretary pursuant to Section 5-605 of the | ||||||
16 | Civil Administrative Code of Illinois. "Acting appointee" also | ||||||
17 | means a person appointed by the Governor pursuant to any other | ||||||
18 | statute to serve as an acting holder of any office, to execute | ||||||
19 | the duties and functions of any office, or both. | ||||||
20 | (d) The provisions of this Section apply notwithstanding | ||||||
21 | any law to the contrary.
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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