Full Text of SB2014 98th General Assembly
SB2014sam001 98TH GENERAL ASSEMBLY | Sen. Tim Bivins Filed: 4/2/2014
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| 1 | | AMENDMENT TO SENATE BILL 2014
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2014 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) for | 11 | | any affected office to which appointment requires the advice | 12 | | and consent of the Senate, who is appointed pursuant to that | 13 | | advice and consent, and whose term of office expires on or | 14 | | after August 26, 2011 shall not continue in office longer than | 15 | | 60 calendar days after the expiration of that term of office. | 16 | | After that 60th day, each such office is considered vacant and |
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| 1 | | shall be filled only pursuant to the law applicable to making | 2 | | appointments to that office, subject to the provisions of this
| 3 | | Section. | 4 | | A person who has been nominated by the Governor before | 5 | | August 26, 2011 (the effective date of Public Act 97-582) for | 6 | | any affected office to which appointment requires the advice | 7 | | and consent of the Senate, who has been appointed pursuant to | 8 | | that advice and consent, and whose term of office has expired | 9 | | shall not continue in office longer than 60 calendar days after | 10 | | the date upon which his or her term of office has expired. | 11 | | After that 60 days, each such office is considered vacant and | 12 | | shall be filled only pursuant to the law applicable to making | 13 | | appointments to that office, subject to the provisions of this | 14 | | Section. If the term of office of a person who is subject to | 15 | | this paragraph expires more than 60 calendar days prior to the | 16 | | effective date of this amendatory Act of the 97th General | 17 | | Assembly, then that office is considered vacant on the | 18 | | effective date of this amendatory Act of the 97th General | 19 | | Assembly, and that vacancy shall be filled only pursuant to the | 20 | | law applicable to making appointments to that office. For the | 21 | | purposes of this subsection (a), "affected office" means (i) an | 22 | | office in which one receives any form of compensation, | 23 | | including salary or per diem, but not including expense | 24 | | reimbursement, or (ii) membership on the board of trustees of a | 25 | | public university. | 26 | | (b) A person who is appointed by the Governor on or after |
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| 1 | | August 26, 2011 (the effective date of Public Act 97-582) to | 2 | | serve as a temporary appointee, pursuant to Article V, Section | 3 | | 9(b) of the Illinois Constitution or any other applicable | 4 | | statute, to any office to which appointment requires the advice | 5 | | and consent of the Senate shall not continue in office after | 6 | | the next meeting of the Senate unless the Governor has filed a | 7 | | message with the Secretary of the Senate nominating that person | 8 | | to fill that office on or before that meeting date. After that | 9 | | meeting date, each such office is considered vacant and shall | 10 | | be filled only pursuant to the law applicable to making | 11 | | appointments to that office, subject to the provisions of this
| 12 | | Section. | 13 | | A person who has been appointed by the Governor before | 14 | | August 26, 2011 (the effective date of Public Act 97-582) to | 15 | | serve as a temporary appointee, pursuant to Article V, Section | 16 | | 9(b) of the Illinois Constitution or any other applicable | 17 | | statute, to any office to which appointment requires the advice | 18 | | and consent of the Senate shall not continue in office after | 19 | | August 26, 2011 or the next meeting of the Senate after August | 20 | | 26, 2011, as applicable, unless the Governor has filed a | 21 | | message with the Secretary of the Senate nominating that person | 22 | | to fill that office on or before the next meeting of the Senate | 23 | | after that temporary appointment was made. After that effective | 24 | | date or meeting date, as applicable, each such office is | 25 | | considered vacant and shall be filled only pursuant to the law | 26 | | applicable to making appointments to that office, subject to |
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| 1 | | the provisions of this Section. | 2 | | For the purposes of this subsection (b), a meeting of the | 3 | | Senate does not include a perfunctory session day as designated | 4 | | by the Senate under its rules. | 5 | | (c) A person who is designated by the Governor on or after | 6 | | August 26, 2011 (the effective date of Public Act 97-582) to | 7 | | serve as an acting appointee to any office to which appointment | 8 | | requires the advice and consent of the Senate shall not | 9 | | continue in office more than 60 calendar days unless the | 10 | | Governor files a message with the Secretary of the Senate | 11 | | nominating that person to fill that office within that 60 days. | 12 | | After that 60 days, each such office is considered vacant and | 13 | | shall be filled only pursuant to the law applicable to making | 14 | | appointments to that office, subject to the provisions of this
| 15 | | Section. No person who has been designated by the Governor to | 16 | | serve as an acting appointee to any office to which appointment | 17 | | requires the advice and consent of the Senate shall, except at | 18 | | the Senate's request, be designated again as an acting | 19 | | appointee for that office at the same session of that Senate, | 20 | | subject to the provisions of this Section. | 21 | | A person who has been designated by the Governor before | 22 | | August 26, 2011 (the effective date of Public Act 97-582) to | 23 | | serve as an acting appointee to any office to which appointment | 24 | | requires the advice and consent of the Senate shall not | 25 | | continue in office longer than 60 calendar days after August | 26 | | 26, 2011 unless the Governor has filed a message with the |
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| 1 | | Secretary of the Senate nominating that person to fill that | 2 | | office on or before that 60 days. After that 60 days, each such | 3 | | office is considered vacant and shall be filled only pursuant | 4 | | to the law applicable to making appointments to that office, | 5 | | subject to the provisions of this Section. No person who has | 6 | | been designated by the Governor to serve as an acting appointee | 7 | | to any office to which appointment requires the advice and | 8 | | consent of the Senate shall, except at the Senate's request, be | 9 | | designated again as an acting appointee for that office at the | 10 | | same session of that Senate, subject to the provisions of this | 11 | | Section. | 12 | | During the term of a General Assembly, the Governor may not | 13 | | designate a person to serve as an acting appointee to any | 14 | | office to which appointment requires the advice and consent of | 15 | | the Senate if that person's nomination to serve as the | 16 | | appointee for the same office was rejected by the Senate of the | 17 | | same General Assembly. | 18 | | For the purposes of this subsection (c), "acting appointee" | 19 | | means a person designated by the Governor to serve as an acting | 20 | | director or acting secretary pursuant to Section 5-605 of the | 21 | | Civil Administrative Code of Illinois. "Acting appointee" also | 22 | | means a person designated by the Governor pursuant to any other | 23 | | statute to serve as an acting holder of any office, to execute | 24 | | the duties and functions of any office, or both. | 25 | | (c-5) The superseding of a message filed with the Secretary | 26 | | of the Senate by filing a later message, or
the filing of a |
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| 1 | | message with the Secretary of the Senate appointing the same | 2 | | person to the same office and for a term ending on the same | 3 | | date as that of a message that was previously filed with the | 4 | | Secretary of the Senate and later withdrawn,
shall not have the | 5 | | effect of restarting the 60 session day period within which the | 6 | | Senate must confirm or reject the appointee under Article V, | 7 | | Section 9(a) of the Illinois Constitution or any applicable | 8 | | law. | 9 | | (d) The provisions of this Section apply notwithstanding | 10 | | any law to the contrary. However, the provisions of this | 11 | | Section do not apply to appointments made under Article 1A of | 12 | | the Election Code or to the appointment of any person to serve | 13 | | as Director of the Illinois Power Agency.
| 14 | | (Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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