Full Text of HB0088 096th General Assembly
HB0088enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Lieutenant Governor Vacancy Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| (a) The term "position of Lieutenant Governor" refers to | 8 |
| the position in State government created by that name in the | 9 |
| Illinois Constitution. | 10 |
| (b) The term "Office of the Lieutenant Governor" refers to | 11 |
| the administrative entity of that name which is under the | 12 |
| direction of the Lieutenant Governor and assists in carrying | 13 |
| out the duties and affairs of the Lieutenant Governor. | 14 |
| Section 10. Purpose. It is the purpose of this Act to | 15 |
| provide for the exercise of the powers and duties of the | 16 |
| Lieutenant Governor and the administration of
the Office of the | 17 |
| Lieutenant Governor during periods when the
position of | 18 |
| Lieutenant Governor is vacant. | 19 |
| Section 15. Powers of the Lieutenant Governor. | 20 |
| (a) Whenever the position of Lieutenant
Governor is
vacant, | 21 |
| the Governor shall assume and exercise
the powers and duties of |
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| the Lieutenant Governor that are prescribed by law or have been | 2 |
| delegated by the Governor to the Lieutenant Governor. The | 3 |
| Governor may delegate the exercise of any such power or duty to | 4 |
| an appropriate State officer or agency under the jurisdiction | 5 |
| and control of the Governor for so long as the position of | 6 |
| Lieutenant Governor remains vacant. For purposes of Section 9b | 7 |
| of the State Finance Act, an officer or agency that is | 8 |
| delegated activities is considered a successor. | 9 |
| (b) While the position of Lieutenant
Governor is
vacant, | 10 |
| appropriations to the Lieutenant Governor, if any, may be
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| obligated and expended by the Governor for the
purposes | 12 |
| specified in those appropriations that are for powers or duties | 13 |
| that are not delegated. Those obligations and expenditures
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| shall continue to be accounted for as obligations and | 15 |
| expenditures of the
Lieutenant Governor. | 16 |
| Section 20. Office of the Lieutenant Governor. | 17 |
| (a) While the position of Lieutenant
Governor is
vacant, | 18 |
| the Governor may suspend any or all the activities of the | 19 |
| administrative entity known as the Office of the Lieutenant | 20 |
| Governor and delegate those activities to one or more | 21 |
| appropriate State officers or agencies under the jurisdiction | 22 |
| and control of the Governor for so long as the position of | 23 |
| Lieutenant Governor remains vacant. For purposes of Section 9b | 24 |
| of the State Finance Act, an officer or agency that is | 25 |
| delegated activities is considered a successor. |
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| (b) If the Governor does not suspend all of the activities | 2 |
| of the Office of the Lieutenant Governor while the position of | 3 |
| Lieutenant
Governor is
vacant, the Office shall continue in | 4 |
| existence, under the direction of the Governor, as appropriate | 5 |
| to carry out the activities of the Office, and appropriations | 6 |
| to the Office of the Lieutenant Governor, if any, may be
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| obligated and expended, with the approval of the Governor, for | 8 |
| the
purposes specified in those appropriations that are for | 9 |
| activities that are not delegated. Those obligations and | 10 |
| expenditures
shall continue to be accounted for as obligations | 11 |
| and expenditures of the
Office of the Lieutenant Governor. | 12 |
| Section 25. Contracts; employment. | 13 |
| (a) The assumption or delegation of powers and duties under | 14 |
| this Act shall not be deemed
to change the terms or conditions | 15 |
| of any contract, except that references in any contract to the | 16 |
| Lieutenant Governor or the Office of the Lieutenant Governor | 17 |
| may be deemed to refer to the Governor or other person or | 18 |
| entity exercising the powers and duties of the Lieutenant | 19 |
| Governor or the Office of the Lieutenant Governor with respect | 20 |
| to that contract pursuant to this Act. | 21 |
| (b) The assumption or delegation of powers and duties under | 22 |
| this Act shall not by itself be deemed
to change any condition | 23 |
| or status of employment; but in exercising such powers and | 24 |
| duties the Governor shall have all the powers of the Lieutenant | 25 |
| Governor to supervise, direct, and reorganize the Office of the |
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| Lieutenant Governor and its employees. | 2 |
| (c) In the course of exercising any power or duty of the | 3 |
| Lieutenant Governor that has been assumed by or delegated to a | 4 |
| person under Section 15 or 20 of this Act, the person is not | 5 |
| "serving as Lieutenant Governor" for the purposes of the | 6 |
| Illinois Pension Code. | 7 |
| Section 30. Resumption of powers. When the position of | 8 |
| Lieutenant Governor ceases to be vacant, the powers and duties | 9 |
| assumed by the Governor under this Act, including any such | 10 |
| powers that have been delegated by the Governor to a State | 11 |
| employee, officer, or agency, shall once again be assumed and | 12 |
| exercised by the Lieutenant Governor. | 13 |
| Section 35. Repeal. The Lieutenant Governor Vacancy Act | 14 |
| (Sections 1 through 35) is repealed on January 10, 2011. | 15 |
| Section 90. The Executive Reorganization Implementation | 16 |
| Act is amended by changing Section 5.5 as follows:
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| (15 ILCS 15/5.5)
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| Sec. 5.5. Executive order provisions superseded.
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| (a) Executive Order No. 2003-9, in subdivision II(E), | 20 |
| provides in part:
"All such personnel shall initially | 21 |
| constitute probationary employees
under the Personnel Code. | 22 |
| The Department of Central Management Services
shall establish a |
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| procedure for qualification and retention of personnel
in | 2 |
| accordance with the Personnel Code.". This language, which | 3 |
| violates
Section 4 of this Act and contravenes applicable | 4 |
| provisions of the Personnel
Code, is hereby superseded and of | 5 |
| no force or effect. The status and rights
of employees under | 6 |
| the Personnel Code who are transferred by Executive Order
No. | 7 |
| 2003-9 shall not be affected by the reorganization under that | 8 |
| Order.
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| (b) Executive Order No. 2003-10, subdivision I(C), | 10 |
| provides:
"The statutory powers, duties, rights, | 11 |
| responsibilities and liabilities
regarding internal auditing | 12 |
| by agencies, offices, divisions, departments,
bureaus, boards | 13 |
| and commissions directly responsible to the Governor derive
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| from, among others, the Fiscal Control and Internal Auditing | 15 |
| Act, 30 ILCS
10/1001 et seq., and the Illinois State Auditing | 16 |
| Act, 30 ILCS 5/1-1 et seq.".
Executive Order No. 2003-10 | 17 |
| addresses only internal auditing functions and does
not address | 18 |
| external auditing functions or the powers of the Auditor | 19 |
| General.
The reference to the Illinois State Auditing Act is | 20 |
| therefore incorrect, and
that reference is hereby superseded | 21 |
| and of no force or effect.
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| (c) Executive Order No. 2003-10, subdivision I(D), | 23 |
| provides:
"Staff legal functions across agencies shall be | 24 |
| transferred from individual
agencies to the Department of | 25 |
| Central Management Services. Legal functions
specific to each | 26 |
| particular agency may remain at that agency.".
This transfer of |
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| legal functions was intended to be and is hereby limited
to | 2 |
| legal technical advisor functions related to procurement and | 3 |
| personnel
issues across agencies. All other legal functions at | 4 |
| an agency, including
those related to issues particular to the | 5 |
| agency, and legal functions performed
by assistant attorneys | 6 |
| general under the direction and control of the Attorney
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| General, shall remain at that agency.
To the extent that the | 8 |
| language of subdivision I(D) of Executive Order No.
2003-10 may | 9 |
| be construed to conflict with this subsection (c), that | 10 |
| language
in Executive Order No. 2003-10 is hereby superseded.
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| If any legal personnel (or their associated records or | 12 |
| property) have been
transferred from an agency to the | 13 |
| Department of Central Management Services
under the apparent | 14 |
| direction of Executive Order No. 2003-10 but contrary to the
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| provisions of this subsection (c), those legal personnel (and | 16 |
| their associated
records and property) shall be immediately | 17 |
| transferred back to the original
agency from the Department of | 18 |
| Central Management Services.
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| (d) Executive Order No. 2003-11, in subdivisions II(B) and | 20 |
| II(D), provides
in part:
"All such personnel shall initially | 21 |
| constitute probationary employees
under the Personnel Code. | 22 |
| The Department of Central Management Services
shall establish a | 23 |
| procedure for qualification and retention of personnel
in | 24 |
| accordance with the Personnel Code.". This language, which | 25 |
| violates
Section 4 of this Act and contravenes applicable | 26 |
| provisions of the Personnel
Code, is hereby superseded and of |
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HB0088 Enrolled |
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| no force or effect. The status and rights
of employees under | 2 |
| the Personnel Code who are transferred by Executive Order
No. | 3 |
| 2003-11 shall not be affected by the reorganization under that | 4 |
| Order.
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| (e) Executive Order No. 2003-12, in subdivision II(B), | 6 |
| provides in part:
"All such personnel shall initially | 7 |
| constitute probationary employees
under the Personnel Code. | 8 |
| The Department of Central Management Services
shall establish a | 9 |
| procedure for qualification and retention of personnel
in | 10 |
| accordance with the Personnel Code.". This language, which | 11 |
| violates
Section 4 of this Act and contravenes applicable | 12 |
| provisions of the Personnel
Code, is hereby superseded and of | 13 |
| no force or effect. The status and rights
of employees under | 14 |
| the Personnel Code who are transferred by Executive Order
No. | 15 |
| 2003-12 shall not be affected by the reorganization under that | 16 |
| Order.
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| (f) Executive Order No. 09-06, filed April 1, 2009, is | 18 |
| hereby superseded and of no force or effect. | 19 |
| (Source: P.A. 93-586, eff. 8-22-03.)
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| (20 ILCS 405/405-500 rep.)
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| Section 92. The Department of Central Management Services | 22 |
| Law of the
Civil Administrative Code of Illinois is amended by | 23 |
| repealing Section 405-500. | 24 |
| Section 93. The Department of Commerce and Economic |
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| Opportunity Law of the
Civil Administrative Code of Illinois is | 2 |
| amended by changing Section 605-111 as follows:
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| (20 ILCS 605/605-111) (was 20 ILCS 605/46.34a)
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| Sec. 605-111. Transfer relating to the Illinois Main Street | 5 |
| Program. To transfer
assume from the Department to the Office | 6 |
| of the Lieutenant Governor on July
1, 2009 1999 , all personnel, | 7 |
| books, records, papers, documents, property both real
and | 8 |
| personal, and pending business in any way pertaining to the | 9 |
| Illinois Main
Street Program. All personnel transferred | 10 |
| pursuant to this Section shall
receive certified status under | 11 |
| the Personnel Code. Executive Order 09-08, filed April 1, 2009, | 12 |
| is hereby superseded and has no force or effect.
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| (Source: P.A. 91-25, eff. 6-9-99; 92-16, eff. 6-28-01.)
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| Section 95. The Gifts and Grants to Government Act is | 15 |
| amended by changing Section 1 as follows:
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| (30 ILCS 110/1) (from Ch. 127, par. 168-81)
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| Sec. 1.
The Governor, Lieutenant Governor, Attorney | 18 |
| General, Secretary
of State, Comptroller and Treasurer may | 19 |
| accept monetary gifts or grants
from any nongovernmental | 20 |
| source, upon such terms and conditions as may be
imposed, and | 21 |
| may expend, subject to appropriation, such gifts or grants
for | 22 |
| any purpose necessary or desirable in the exercise of the | 23 |
| powers or
the performance of the duties of their offices.
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| Until January 11, 1999, while the office of Lieutenant
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| Governor is vacant,
the powers and duties of the Lieutenant | 3 |
| Governor under this Act shall be
carried out as provided in | 4 |
| Section 67.35 of the Civil Administrative Code of
Illinois | 5 |
| (renumbered; now Section 405-500 of the Department of Central
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| Management Services Law, 20 ILCS 405/405-500).
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| (Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law. |
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