Full Text of HB2972 97th General Assembly
HB2972sam003 97TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 5/30/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2972
| 2 | | AMENDMENT NO. ______. Amend House Bill 2972 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by adding Section 3A-40 as follows: | 6 | | (5 ILCS 420/3A-40 new) | 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 | | the effective date of this amendatory Act of the 97th General | 11 | | Assembly for any affected office to which appointment requires | 12 | | the advice and consent of the Senate, who is appointed pursuant | 13 | | to that advice and consent, and whose term of office expires | 14 | | shall not continue in office longer than 60 calendar days after | 15 | | the expiration of that term of office. After that 60th day, | 16 | | each such office is considered vacant and shall be filled only |
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| 1 | | pursuant to the law applicable to making appointments to that | 2 | | office, subject to the provisions of this
Section. | 3 | | A person who has been nominated by the Governor before the | 4 | | effective date of this amendatory Act of the 97th General | 5 | | Assembly for any affected office to which appointment requires | 6 | | the advice and consent of the Senate, who has been appointed | 7 | | pursuant to that advice and consent, and whose term of office | 8 | | has expired before that effective date shall not continue in | 9 | | office longer than 60 calendar days after that effective date. | 10 | | After that 60 days, each such office is considered vacant and | 11 | | shall be filled only pursuant to the law applicable to making | 12 | | appointments to that office, subject to the provisions of this | 13 | | Section. For the purposes of this subsection (a), "affected | 14 | | office" means (i) an office in which one receives any form of | 15 | | compensation, including salary or per diem, but not including | 16 | | expense reimbursement, or (ii) membership on the board of | 17 | | trustees of a public university. | 18 | | (b) A person who is appointed by the Governor on or after | 19 | | the effective date of this amendatory Act of the 97th General | 20 | | Assembly to serve as a temporary appointee, pursuant to Article | 21 | | V, Section 9(b) of the Illinois Constitution or any other | 22 | | applicable statute, to any office to which appointment requires | 23 | | the advice and consent of the Senate shall not continue in | 24 | | office after the next meeting of the Senate unless the Governor | 25 | | has filed a message with the Secretary of the Senate nominating | 26 | | that person to fill that office on or before that meeting date. |
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| 1 | | After that meeting date, each such office is considered vacant | 2 | | and shall be filled only pursuant to the law applicable to | 3 | | making appointments to that office, subject to the provisions | 4 | | of this
Section. | 5 | | A person who has been appointed by the Governor before the | 6 | | effective date of this amendatory Act of the 97th General | 7 | | Assembly to serve as a temporary appointee, pursuant to Article | 8 | | V, Section 9(b) of the Illinois Constitution or any other | 9 | | applicable statute, to any office to which appointment requires | 10 | | the advice and consent of the Senate shall not continue in | 11 | | office after that effective date or the next meeting of the | 12 | | Senate after that effective date, as applicable, unless the | 13 | | Governor has filed a message with the Secretary of the Senate | 14 | | nominating that person to fill that office on or before the | 15 | | next meeting of the Senate after that temporary appointment was | 16 | | made. After that effective date or meeting date, as applicable, | 17 | | each such office is considered vacant and shall be filled only | 18 | | pursuant to the law applicable to making appointments to that | 19 | | office, subject to the provisions of this Section. | 20 | | For the purposes of this subsection (b), a meeting of the | 21 | | Senate does not include a perfunctory session day as designated | 22 | | by the Senate under its rules. | 23 | | (c) A person who is designated by the Governor on or after | 24 | | the effective date of this amendatory Act of the 97th General | 25 | | Assembly to serve as an acting appointee to any office to which | 26 | | appointment requires the advice and consent of the Senate shall |
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| 1 | | not continue in office more than 60 calendar days unless the | 2 | | Governor files a message with the Secretary of the Senate | 3 | | nominating that person to fill that office within that 60 days. | 4 | | After that 60 days, each such office is considered vacant and | 5 | | shall be filled only pursuant to the law applicable to making | 6 | | appointments to that office, subject to the provisions of this
| 7 | | Section. No person who has been designated by the Governor to | 8 | | serve as an acting appointee to any office to which appointment | 9 | | requires the advice and consent of the Senate shall, except at | 10 | | the Senate's request, be designated again as an acting | 11 | | appointee for that office at the same session of that Senate, | 12 | | subject to the provisions of this Section. | 13 | | A person who has been designated by the Governor before the | 14 | | effective date of this amendatory Act of the 97th General | 15 | | Assembly to serve as an acting appointee to any office to which | 16 | | appointment requires the advice and consent of the Senate shall | 17 | | not continue in office longer than 60 calendar days after that | 18 | | effective date unless the Governor has filed a message with the | 19 | | Secretary of the Senate nominating that person to fill that | 20 | | office on or before that 60 days. After that 60 days, each such | 21 | | office is considered vacant and shall be filled only pursuant | 22 | | to the law applicable to making appointments to that office, | 23 | | subject to the provisions of this Section. No person who has | 24 | | been designated by the Governor to serve as an acting appointee | 25 | | to any office to which appointment requires the advice and | 26 | | consent of the Senate shall, except at the Senate's request, be |
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| 1 | | designated again as an acting appointee for that office at the | 2 | | same session of that Senate, subject to the provisions of this | 3 | | Section. | 4 | | During the term of a General Assembly, the Governor may not | 5 | | designate a person to serve as an acting appointee to any | 6 | | office to which appointment requires the advice and consent of | 7 | | the Senate if that person's nomination to serve as the | 8 | | appointee for the same office was rejected by the Senate of the | 9 | | same General Assembly. | 10 | | For the purposes of this subsection (c), "acting appointee" | 11 | | means a person designated by the Governor to serve as an acting | 12 | | director or acting secretary pursuant to Section 5-605 of the | 13 | | Civil Administrative Code of Illinois. "Acting appointee" also | 14 | | means a person designated by the Governor pursuant to any other | 15 | | statute to serve as an acting holder of any office, to execute | 16 | | the duties and functions of any office, or both. | 17 | | (d) The provisions of this Section apply notwithstanding | 18 | | any law to the contrary. However, the provisions of this | 19 | | Section do not apply to appointments made under Article 1A of | 20 | | the Election Code or to the appointment of any person to serve | 21 | | as Director of the Illinois Power Agency. | 22 | | Section 10. The Civil Administrative Code of Illinois is | 23 | | amended by changing Section 5-605 as follows:
| 24 | | (20 ILCS 5/5-605) (was 20 ILCS 5/12)
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| 1 | | Sec. 5-605. Appointment of officers. Each officer whose | 2 | | office
is created by the Civil Administrative Code of Illinois | 3 | | or by
any
amendment to the Code shall be appointed by the | 4 | | Governor, by
and with the advice
and consent of the Senate. In | 5 | | case of vacancies in those offices
during the
recess of the | 6 | | Senate, the Governor shall make a temporary appointment until | 7 | | the
next meeting of the Senate, when the Governor shall | 8 | | nominate some
person to fill the
office, and any person so | 9 | | nominated who is confirmed by the Senate
shall hold office | 10 | | during the remainder of the term and until his or her
successor | 11 | | is
appointed and qualified. If the Senate is not in session at | 12 | | the time the
Code
or any amendments to the Code take effect, | 13 | | the Governor shall
make a temporary
appointment as in the case | 14 | | of a vacancy.
| 15 | | During the absence or inability to act of the director of | 16 | | any
department, or of the Secretary of Human Services or the | 17 | | Secretary of
Transportation, or in case of a vacancy in any | 18 | | such office until a successor
is appointed and qualified, the | 19 | | Governor may designate some person as acting
director or acting | 20 | | secretary to execute the powers and discharge the
duties vested | 21 | | by law in that director or secretary.
| 22 | | During the term of a General Assembly, the Governor may not | 23 | | designate a person to serve as an acting director or secretary | 24 | | under this Section if that person's nomination to serve as the | 25 | | director or secretary of that same Department was rejected by | 26 | | the Senate of the same General Assembly. This Section is |
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| 1 | | subject to the provisions of subsection (c) of Section 3A-40 of | 2 | | the Illinois Governmental Ethics Act. | 3 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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