HB2972enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB2972 EnrolledLRB097 10867 HLH 51376 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Governmental Ethics Act is amended
5by adding Section 3A-40 as follows:
 
6    (5 ILCS 420/3A-40 new)
7    Sec. 3A-40. Appointees with expired terms; temporary and
8acting appointees.
9    (a) A person who is nominated by the Governor on or after
10the effective date of this amendatory Act of the 97th General
11Assembly for any affected office to which appointment requires
12the advice and consent of the Senate, who is appointed pursuant
13to that advice and consent, and whose term of office expires
14shall not continue in office longer than 60 calendar days after
15the expiration of that term of office. After that 60th day,
16each such office is considered vacant and shall be filled only
17pursuant to the law applicable to making appointments to that
18office, subject to the provisions of this Section.
19    A person who has been nominated by the Governor before the
20effective date of this amendatory Act of the 97th General
21Assembly for any affected office to which appointment requires
22the advice and consent of the Senate, who has been appointed
23pursuant to that advice and consent, and whose term of office

 

 

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1has expired before that effective date shall not continue in
2office longer than 60 calendar days after that effective date.
3After that 60 days, each such office is considered vacant and
4shall be filled only pursuant to the law applicable to making
5appointments to that office, subject to the provisions of this
6Section. For the purposes of this subsection (a), "affected
7office" means (i) an office in which one receives any form of
8compensation, including salary or per diem, but not including
9expense reimbursement, or (ii) membership on the board of
10trustees of a public university.
11    (b) A person who is appointed by the Governor on or after
12the effective date of this amendatory Act of the 97th General
13Assembly to serve as a temporary appointee, pursuant to Article
14V, Section 9(b) of the Illinois Constitution or any other
15applicable statute, to any office to which appointment requires
16the advice and consent of the Senate shall not continue in
17office after the next meeting of the Senate unless the Governor
18has filed a message with the Secretary of the Senate nominating
19that person to fill that office on or before that meeting date.
20After that meeting date, each such office is considered vacant
21and shall be filled only pursuant to the law applicable to
22making appointments to that office, subject to the provisions
23of this Section.
24    A person who has been appointed by the Governor before the
25effective date of this amendatory Act of the 97th General
26Assembly to serve as a temporary appointee, pursuant to Article

 

 

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1V, Section 9(b) of the Illinois Constitution or any other
2applicable statute, to any office to which appointment requires
3the advice and consent of the Senate shall not continue in
4office after that effective date or the next meeting of the
5Senate after that effective date, as applicable, unless the
6Governor has filed a message with the Secretary of the Senate
7nominating that person to fill that office on or before the
8next meeting of the Senate after that temporary appointment was
9made. After that effective date or meeting date, as applicable,
10each such office is considered vacant and shall be filled only
11pursuant to the law applicable to making appointments to that
12office, subject to the provisions of this Section.
13    For the purposes of this subsection (b), a meeting of the
14Senate does not include a perfunctory session day as designated
15by the Senate under its rules.
16    (c) A person who is designated by the Governor on or after
17the effective date of this amendatory Act of the 97th General
18Assembly to serve as an acting appointee to any office to which
19appointment requires the advice and consent of the Senate shall
20not continue in office more than 60 calendar days unless the
21Governor files a message with the Secretary of the Senate
22nominating that person to fill that office within that 60 days.
23After that 60 days, each such office is considered vacant and
24shall be filled only pursuant to the law applicable to making
25appointments to that office, subject to the provisions of this
26Section. No person who has been designated by the Governor to

 

 

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1serve as an acting appointee to any office to which appointment
2requires the advice and consent of the Senate shall, except at
3the Senate's request, be designated again as an acting
4appointee for that office at the same session of that Senate,
5subject to the provisions of this Section.
6    A person who has been designated by the Governor before the
7effective date of this amendatory Act of the 97th General
8Assembly to serve as an acting appointee to any office to which
9appointment requires the advice and consent of the Senate shall
10not continue in office longer than 60 calendar days after that
11effective date unless the Governor has filed a message with the
12Secretary of the Senate nominating that person to fill that
13office on or before that 60 days. After that 60 days, each such
14office is considered vacant and shall be filled only pursuant
15to the law applicable to making appointments to that office,
16subject to the provisions of this Section. No person who has
17been designated by the Governor to serve as an acting appointee
18to any office to which appointment requires the advice and
19consent of the Senate shall, except at the Senate's request, be
20designated again as an acting appointee for that office at the
21same session of that Senate, subject to the provisions of this
22Section.
23    During the term of a General Assembly, the Governor may not
24designate a person to serve as an acting appointee to any
25office to which appointment requires the advice and consent of
26the Senate if that person's nomination to serve as the

 

 

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1appointee for the same office was rejected by the Senate of the
2same General Assembly.
3    For the purposes of this subsection (c), "acting appointee"
4means a person designated by the Governor to serve as an acting
5director or acting secretary pursuant to Section 5-605 of the
6Civil Administrative Code of Illinois. "Acting appointee" also
7means a person designated by the Governor pursuant to any other
8statute to serve as an acting holder of any office, to execute
9the duties and functions of any office, or both.
10    (d) The provisions of this Section apply notwithstanding
11any law to the contrary. However, the provisions of this
12Section do not apply to appointments made under Article 1A of
13the Election Code or to the appointment of any person to serve
14as Director of the Illinois Power Agency.
 
15    Section 10. The Civil Administrative Code of Illinois is
16amended by changing Section 5-605 as follows:
 
17    (20 ILCS 5/5-605)  (was 20 ILCS 5/12)
18    Sec. 5-605. Appointment of officers. Each officer whose
19office is created by the Civil Administrative Code of Illinois
20or by any amendment to the Code shall be appointed by the
21Governor, by and with the advice and consent of the Senate. In
22case of vacancies in those offices during the recess of the
23Senate, the Governor shall make a temporary appointment until
24the next meeting of the Senate, when the Governor shall

 

 

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1nominate some person to fill the office, and any person so
2nominated who is confirmed by the Senate shall hold office
3during the remainder of the term and until his or her successor
4is appointed and qualified. If the Senate is not in session at
5the time the Code or any amendments to the Code take effect,
6the Governor shall make a temporary appointment as in the case
7of a vacancy.
8    During the absence or inability to act of the director of
9any department, or of the Secretary of Human Services or the
10Secretary of Transportation, or in case of a vacancy in any
11such office until a successor is appointed and qualified, the
12Governor may designate some person as acting director or acting
13secretary to execute the powers and discharge the duties vested
14by law in that director or secretary.
15    During the term of a General Assembly, the Governor may not
16designate a person to serve as an acting director or secretary
17under this Section if that person's nomination to serve as the
18director or secretary of that same Department was rejected by
19the Senate of the same General Assembly. This Section is
20subject to the provisions of subsection (c) of Section 3A-40 of
21the Illinois Governmental Ethics Act.
22(Source: P.A. 91-239, eff. 1-1-00.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.