093_HB2995eng

 
HB2995 Engrossed                     LRB093 04411 JAM 04461 b

 1        AN ACT concerning executive branch appointments.

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

 4        Section  1.  Short  title.   This Act may be cited as the
 5    Gubernatorial Appointment Act.

 6        Section 5. Definitions.  As used in this Act:
 7        "Late term appointee" means a person who is appointed  to
 8    an  office  by  a  Governor  who  does not succeed himself or
 9    herself as Governor, whose appointment  requires  the  advice
10    and consent of the Senate, and whose appointment is confirmed
11    by  the  Senate  90  or  fewer  days  before  the  end of the
12    appointing Governor's term.
13        "Succeeding  Governor"  means  the  Governor  in   office
14    immediately  after  a  Governor  who  appoints  a  late  term
15    appointee.

16        Section 10. Late term appointee's term of office.  A late
17    term appointee shall serve no longer than the sixtieth day of
18    the term of office of the succeeding Governor.

19        Section  15.  Vacancy  created.   Upon the earlier of the
20    resignation of a late term appointee or the conclusion of the
21    sixtieth day of the term of  the  succeeding  Governor,  that
22    appointed  office shall be considered vacant.  The succeeding
23    Governor may then make an appointment to fill  that  vacancy,
24    regardless  of whether the statute that creates the appointed
25    office provides for appointment to fill a vacancy.  All other
26    requirements of law applicable to that appointed office shall
27    apply to the succeeding Governor's appointee,  including  but
28    not  limited to eligibility, qualifications, and confirmation
29    by the Senate.
 
HB2995 Engrossed            -2-      LRB093 04411 JAM 04461 b
 1        Section 20. Term of appointee.  The  term of office of an
 2    appointee filling a vacancy created under Section 15 of  this
 3    Act  shall  be the term of any appointee filling a vacancy as
 4    provided by the statute that creates  the  appointed  office.
 5    If  the  statute  that  creates the appointed office does not
 6    specify the term to be  served  by  an  appointee  filling  a
 7    vacancy, the term of the appointee shall be for the remainder
 8    of the term the late term appointee would have otherwise been
 9    entitled to fill.

10        Section 25. Reappointment.  Nothing in this Act prohibits
11    a   succeeding   Governor   from  reappointing  an  otherwise
12    qualified late term appointee to  fill  the  vacancy  created
13    under Section 15 of this Act.

14        Section  90.   Severability.   The provisions of this Act
15    are severable under Section 1.31 of the Statute on Statutes.

16        Section  95. The Personnel Code is  amended  by  changing
17    Section 8b.6 as follows:

18        (20 ILCS 415/8b.6) (from Ch. 127, par. 63b108b.6)
19        Sec.  8b.6.   For a period of probation not to exceed one
20    year before appointment or promotion is complete, and  during
21    which  period  a  probationer  may  with  the  consent of the
22    Director of Central Management  Services,  be  discharged  or
23    reduced  in  class or rank, or replaced on the eligible list.
24    For a person appointed to a term  appointment  under  Section
25    8b.18  or  8b.19,  the  period of probation shall not be less
26    than 6 months.
27    (Source: P.A. 82-789.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.