Full Text of SB0001 97th General Assembly
SB0001enr 97TH GENERAL ASSEMBLY |
| | SB0001 Enrolled | | LRB097 05756 JDS 45820 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 office to which appointment requires the | 12 | | advice and consent of the Senate, who is appointed pursuant to | 13 | | that advice and consent, and whose term of office expires shall | 14 | | not continue in office longer than 30 days after the expiration | 15 | | of that term of office. After that 30th day, each such office | 16 | | is considered vacant and shall be filled only pursuant to the | 17 | | law applicable to making appointments to that office, subject | 18 | | to the provisions of this
Section. | 19 | | A person who has been nominated by the Governor before the | 20 | | effective date of this amendatory Act of the 97th General | 21 | | Assembly for any salaried office to which appointment requires | 22 | | the advice and consent of the Senate, who has been appointed | 23 | | pursuant to that advice and consent, and whose term of office |
| | | SB0001 Enrolled | - 2 - | LRB097 05756 JDS 45820 b |
|
| 1 | | has expired before that effective date shall not continue in | 2 | | office after that effective date. After that effective date, | 3 | | each such office is considered vacant and shall be filled only | 4 | | pursuant to the law applicable to making appointments to that | 5 | | office, subject to the provisions of this Section. For the | 6 | | purposes of this Section, "salaried office" means an office in | 7 | | which one receives any form of compensation other than per diem | 8 | | or expense reimbursement. | 9 | | A person who has been nominated by the Governor before the | 10 | | effective date of this amendatory Act of the 97th General | 11 | | Assembly for an office other than a salaried office to which | 12 | | appointment requires the advice and consent of the Senate, who | 13 | | has been appointed pursuant to that advice and consent, and | 14 | | whose term of office has expired before that effective date | 15 | | shall not continue in office longer than 30 days after that | 16 | | effective date. After that 30th day, each such office is | 17 | | considered vacant and shall be filled only pursuant to the law | 18 | | applicable to making appointments to that office, subject to | 19 | | the provisions of this Section. | 20 | | (b) A person who is appointed by the Governor on or after | 21 | | the effective date of this amendatory Act of the 97th General | 22 | | Assembly to serve as a temporary appointee, pursuant to Article | 23 | | V, Section 9(b) of the Illinois Constitution or any other | 24 | | applicable statute, to any office to which appointment requires | 25 | | the advice and consent of the Senate shall not continue in | 26 | | office after the next meeting of the Senate unless the Governor |
| | | SB0001 Enrolled | - 3 - | LRB097 05756 JDS 45820 b |
|
| 1 | | has filed a message with the Secretary of the Senate nominating | 2 | | that person to fill that office on or before that meeting date. | 3 | | After that meeting date, each such office is considered vacant | 4 | | and shall be filled only pursuant to the law applicable to | 5 | | making appointments to that office, subject to the provisions | 6 | | of this
Section. | 7 | | A person who has been appointed by the Governor before the | 8 | | effective date of this amendatory Act of the 97th General | 9 | | Assembly to serve as a temporary appointee, pursuant to Article | 10 | | V, Section 9(b) of the Illinois Constitution or any other | 11 | | applicable statute, to any office to which appointment requires | 12 | | the advice and consent of the Senate shall not continue in | 13 | | office after that effective date or the next meeting of the | 14 | | Senate, as applicable, unless the Governor has filed a message | 15 | | with the Secretary of the Senate nominating that person to fill | 16 | | that office on or before the next meeting of the Senate after | 17 | | that temporary appointment was made. After that effective date | 18 | | or meeting date, whichever last occurs, each such office is | 19 | | considered vacant and shall be filled only pursuant to the law | 20 | | applicable to making appointments to that office, subject to | 21 | | the provisions of this Section. | 22 | | For the purposes of this subsection (b), a meeting of the | 23 | | Senate does not include a perfunctory session day as designated | 24 | | by the Senate under its rules. | 25 | | (c) A person who is designated by the Governor on or after | 26 | | the effective date of this amendatory Act of the 97th General |
| | | SB0001 Enrolled | - 4 - | LRB097 05756 JDS 45820 b |
|
| 1 | | Assembly to serve as an acting appointee to any office to which | 2 | | appointment requires the advice and consent of the Senate shall | 3 | | not continue in office more than 30 days unless the Governor | 4 | | files a message with the Secretary of the Senate nominating | 5 | | that person to fill that office within that 30 days. After that | 6 | | 30 days, each such office is considered vacant and shall be | 7 | | filled only pursuant to the law applicable to making | 8 | | appointments to that office, subject to the provisions of this
| 9 | | Section. No person who has been designated by the Governor to | 10 | | serve as an acting appointee to any office to which appointment | 11 | | requires the advice and consent of the Senate shall, except at | 12 | | the Senate's request, be designated again as an acting | 13 | | appointee for that office at the same session of that Senate, | 14 | | subject to the provisions of this Section. | 15 | | A person who has been designated by the Governor before the | 16 | | effective date of this amendatory Act of the 97th General | 17 | | Assembly to serve as an acting appointee to any office to which | 18 | | appointment requires the advice and consent of the Senate shall | 19 | | not continue in office after that effective date unless the | 20 | | Governor has filed a message with the Secretary of the Senate | 21 | | nominating that person to fill that office on or before that | 22 | | effective date. After that effective date, each such office is | 23 | | considered vacant and shall be filled only pursuant to the law | 24 | | applicable to making appointments to that office, subject to | 25 | | the provisions of this Section. No person who has been | 26 | | designated by the Governor to serve as an acting appointee to |
| | | SB0001 Enrolled | - 5 - | LRB097 05756 JDS 45820 b |
|
| 1 | | any office to which appointment requires the advice and consent | 2 | | of the Senate shall, except at the Senate's request, be | 3 | | designated again as an acting appointee for that office at the | 4 | | same session of that Senate, subject to the provisions of this | 5 | | Section. | 6 | | During the term of a General Assembly, the Governor may not | 7 | | designate a person to serve as an acting appointee to any | 8 | | office to which appointment requires the advice and consent of | 9 | | the Senate if that person's nomination to serve as the | 10 | | appointee for the same office was rejected by the Senate of the | 11 | | same General Assembly. | 12 | | For the purposes of this subsection (c), "acting appointee" | 13 | | means a person designated by the Governor to serve as an acting | 14 | | director or acting secretary pursuant to Section 5-605 of the | 15 | | Civil Administrative Code of Illinois. "Acting appointee" also | 16 | | means a person designated by the Governor pursuant to any other | 17 | | statute to serve as an acting holder of any office, to execute | 18 | | the duties and functions of any office, or both. | 19 | | (d) The provisions of this Section apply notwithstanding | 20 | | any law to the contrary. However, the provisions of this | 21 | | Section shall not apply to appointments made under Article 1A | 22 | | of the Election Code. | 23 | | Section 10. The Civil Administrative Code of Illinois is | 24 | | amended by changing Section 5-605 as follows:
|
| | | SB0001 Enrolled | - 6 - | LRB097 05756 JDS 45820 b |
|
| 1 | | (20 ILCS 5/5-605) (was 20 ILCS 5/12)
| 2 | | Sec. 5-605. Appointment of officers. Each officer whose | 3 | | office
is created by the Civil Administrative Code of Illinois | 4 | | or by
any
amendment to the Code shall be appointed by the | 5 | | Governor, by
and with the advice
and consent of the Senate. In | 6 | | case of vacancies in those offices
during the
recess of the | 7 | | Senate, the Governor shall make a temporary appointment until | 8 | | the
next meeting of the Senate, when the Governor shall | 9 | | nominate some
person to fill the
office, and any person so | 10 | | nominated who is confirmed by the Senate
shall hold office | 11 | | during the remainder of the term and until his or her
successor | 12 | | is
appointed and qualified. If the Senate is not in session at | 13 | | the time the
Code
or any amendments to the Code take effect, | 14 | | the Governor shall
make a temporary
appointment as in the case | 15 | | of a vacancy.
| 16 | | During the absence or inability to act of the director of | 17 | | any
department, or of the Secretary of Human Services or the | 18 | | Secretary of
Transportation, or in case of a vacancy in any | 19 | | such office until a successor
is appointed and qualified, the | 20 | | Governor may designate some person as acting
director or acting | 21 | | secretary to execute the powers and discharge the
duties vested | 22 | | by law in that director or secretary.
| 23 | | During the term of a General Assembly, the Governor may not | 24 | | designate a person to serve as an acting director or secretary | 25 | | under this Section if that person's nomination to serve as the | 26 | | director or secretary of that same Department was rejected by |
| | | SB0001 Enrolled | - 7 - | LRB097 05756 JDS 45820 b |
|
| 1 | | the Senate of the same General Assembly. This Section is | 2 | | subject to the provisions of subsection (c) of Section 3A-40 of | 3 | | the Illinois Governmental Ethics Act. | 4 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|