Full Text of HB1084 97th General Assembly
HB1084sam002 97TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 4/18/2012
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| 1 | | AMENDMENT TO HOUSE BILL 1084
| 2 | | AMENDMENT NO. ______. Amend House Bill 1084 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Section 3A-40 as follows: | 6 | | (5 ILCS 420/3A-40) | 7 | | Sec. 3A-40. Appointees with expired terms; temporary and | 8 | | acting appointees. | 9 | | (a) A person who is nominated by the Governor on or after | 10 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 11 | | amendatory Act of the 97th General Assembly for any affected | 12 | | office to which appointment requires the advice and consent of | 13 | | the Senate, who is appointed pursuant to that advice and | 14 | | consent, and whose term of office expires on or after August | 15 | | 26, 2011 shall not continue in office longer than 60 calendar | 16 | | days after the expiration of that term of office. After that |
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| 1 | | 60th day, each such office is considered vacant and shall be | 2 | | filled only pursuant to the law applicable to making | 3 | | appointments to that office, subject to the provisions of this
| 4 | | Section. | 5 | | A person who has been nominated by the Governor before | 6 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 7 | | amendatory Act of the 97th General Assembly for any affected | 8 | | office to which appointment requires the advice and consent of | 9 | | the Senate, who has been appointed pursuant to that advice and | 10 | | consent, and whose term of office has expired before that | 11 | | effective date shall not continue in office longer than 60 | 12 | | calendar days after the date upon which his or her term of | 13 | | office has expired that effective date . After that 60 days, | 14 | | each such office is considered vacant and shall be filled only | 15 | | pursuant to the law applicable to making appointments to that | 16 | | office, subject to the provisions of this Section. If the term | 17 | | of office of a person who is subject to this paragraph expires | 18 | | more than 60 calendar days prior to the effective date of this | 19 | | amendatory Act of the 97th General Assembly, then that office | 20 | | is considered vacant on the effective date of this amendatory | 21 | | Act of the 97th General Assembly, and that vacancy shall be | 22 | | filled only pursuant to the law applicable to making | 23 | | appointments to that office. For the purposes of this | 24 | | subsection (a), "affected office" means (i) an office in which | 25 | | one receives any form of compensation, including salary or per | 26 | | diem, but not including expense reimbursement, or (ii) |
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| 1 | | membership on the board of trustees of a public university. | 2 | | (b) A person who is appointed by the Governor on or after | 3 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 4 | | amendatory Act of the 97th General Assembly to serve as a | 5 | | temporary appointee, pursuant to Article V, Section 9(b) of the | 6 | | Illinois Constitution or any other applicable statute, to any | 7 | | office to which appointment requires the advice and consent of | 8 | | the Senate shall not continue in office after the next meeting | 9 | | of the Senate unless the Governor has filed a message with the | 10 | | Secretary of the Senate nominating that person to fill that | 11 | | office on or before that meeting date. After that meeting date, | 12 | | each such office is considered vacant and shall be filled only | 13 | | pursuant to the law applicable to making appointments to that | 14 | | office, subject to the provisions of this
Section. | 15 | | A person who has been appointed by the Governor before | 16 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 17 | | amendatory Act of the 97th General Assembly to serve as a | 18 | | temporary appointee, pursuant to Article V, Section 9(b) of the | 19 | | Illinois Constitution or any other applicable statute, to any | 20 | | office to which appointment requires the advice and consent of | 21 | | the Senate shall not continue in office after August 26, 2011 | 22 | | that effective date or the next meeting of the Senate after | 23 | | August 26, 2011 that effective date , as applicable, unless the | 24 | | Governor has filed a message with the Secretary of the Senate | 25 | | nominating that person to fill that office on or before the | 26 | | next meeting of the Senate after that temporary appointment was |
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| 1 | | made. After that effective date or meeting date, as applicable, | 2 | | each such office is considered vacant and shall be filled only | 3 | | pursuant to the law applicable to making appointments to that | 4 | | office, subject to the provisions of this Section. | 5 | | For the purposes of this subsection (b), a meeting of the | 6 | | Senate does not include a perfunctory session day as designated | 7 | | by the Senate under its rules. | 8 | | (c) A person who is designated by the Governor on or after | 9 | | August 26, 2011 ( the effective date of Public Act 97-582) this | 10 | | amendatory Act of the 97th General Assembly to serve as an | 11 | | acting appointee to any office to which appointment requires | 12 | | the advice and consent of the Senate shall not continue in | 13 | | office more than 60 calendar days unless the Governor files a | 14 | | message with the Secretary of the Senate nominating that person | 15 | | to fill that office within that 60 days. After that 60 days, | 16 | | each such office is considered vacant and shall be filled only | 17 | | pursuant to the law applicable to making appointments to that | 18 | | office, subject to the provisions of this
Section. No person | 19 | | who has been designated by the Governor to serve as an acting | 20 | | appointee to any office to which appointment requires the | 21 | | advice and consent of the Senate shall, except at the Senate's | 22 | | request, be designated again as an acting appointee for that | 23 | | office at the same session of that Senate, subject to the | 24 | | provisions of this Section. | 25 | | A person who has been designated by the Governor before | 26 | | August 26, 2011 ( the effective date of Public Act 97-582) this |
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| 1 | | amendatory Act of the 97th General Assembly to serve as an | 2 | | acting appointee to any office to which appointment requires | 3 | | the advice and consent of the Senate shall not continue in | 4 | | office longer than 60 calendar days after August 26, 2011 that | 5 | | effective date unless the Governor has filed a message with the | 6 | | Secretary of the Senate nominating that person to fill that | 7 | | office on or before that 60 days. After that 60 days, each such | 8 | | office is considered vacant and shall be filled only pursuant | 9 | | to the law applicable to making appointments to that office, | 10 | | subject to the provisions of this Section. No person who has | 11 | | been designated by the Governor to serve as an acting appointee | 12 | | to any office to which appointment requires the advice and | 13 | | consent of the Senate shall, except at the Senate's request, be | 14 | | designated again as an acting appointee for that office at the | 15 | | same session of that Senate, subject to the provisions of this | 16 | | Section. | 17 | | During the term of a General Assembly, the Governor may not | 18 | | designate a person to serve as an acting appointee to any | 19 | | office to which appointment requires the advice and consent of | 20 | | the Senate if that person's nomination to serve as the | 21 | | appointee for the same office was rejected by the Senate of the | 22 | | same General Assembly. | 23 | | For the purposes of this subsection (c), "acting appointee" | 24 | | means a person designated by the Governor to serve as an acting | 25 | | director or acting secretary pursuant to Section 5-605 of the | 26 | | Civil Administrative Code of Illinois. "Acting appointee" also |
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| 1 | | means a person designated by the Governor pursuant to any other | 2 | | statute to serve as an acting holder of any office, to execute | 3 | | the duties and functions of any office, or both. | 4 | | (d) The provisions of this Section apply notwithstanding | 5 | | any law to the contrary. However, the provisions of this | 6 | | Section do not apply to appointments made under Article 1A of | 7 | | the Election Code or to the appointment of any person to serve | 8 | | as Director of the Illinois Power Agency.
| 9 | | (Source: P.A. 97-582, eff. 8-26-11.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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