State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

90_SB1712

      20 ILCS 405/67.35
          Amends  the  Civil  Administrative  Code   of   Illinois.
      Changes the caption of the Section dealing with the Office of
      Lieutenant  Governor  to  specify the Lieutenant Governor "of
      Illinois".  Effective immediately.
                                                     LRB9011652JMmb
                                               LRB9011652JMmb
 1        AN ACT concerning the Lieutenant Governor.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.  The Civil Administrative Code of Illinois is
 5    amended by changing Section 67.35 as follows:
 6        (20 ILCS 405/67.35)
 7        Sec.  67.35.  Matters  relating  to  the  Office  of  the
 8    Lieutenant Governor of Illinois.
 9        (a)  It is the purpose of this Section to provide for the
10    administration of the affairs of the Office of the Lieutenant
11    Governor during  a  period  when  the  Office  of  Lieutenant
12    Governor is vacant.
13        It  is the intent of the General Assembly that all powers
14    and duties of the Lieutenant Governor assumed  and  exercised
15    by   the   Director   of  Central  Management  Services,  the
16    Department  of  Central  Management  Services,   or   another
17    Director,  State  employee, or State agency designated by the
18    Governor under the provisions of this amendatory Act of  1994
19    be reassumed by the Lieutenant Governor on January 9, 1995.
20        (b)  Until   January   9,   1995,  while  the  office  of
21    Lieutenant  Governor  is  vacant,  the  Director  of  Central
22    Management Services shall assume and exercise the powers  and
23    duties  given to the Lieutenant Governor under the Lieutenant
24    Governor's Office of Voluntary Action Act, Section  46.53  of
25    this  Code (relating to the Keep Illinois Beautiful program),
26    the Employee Ownership Assistance Act, the Gifts  and  Grants
27    to   Government  Act,  and  the  Illinois  Distance  Learning
28    Foundation Act.
29        The Director of Central  Management  Services  shall  not
30    assume  or  exercise  the  powers  and  duties  given  to the
31    Lieutenant Governor under the Rural Bond Bank Act.
                            -2-                LRB9011652JMmb
 1        (c)  Until  January  9,  1995,  while   the   office   of
 2    Lieutenant  Governor  is  vacant,  the  Department of Central
 3    Management Services shall assume and exercise the powers  and
 4    duties  given  to the Office of the Lieutenant Governor under
 5    the Lieutenant Governor's Office of Voluntary Action Act  and
 6    the Illinois Distance Learning Foundation Act.
 7        (d)  Until   January   9,   1995,  while  the  office  of
 8    Lieutenant Governor is  vacant,  the  Department  of  Central
 9    Management  Services  may  assume and exercise the powers and
10    duties that have been delegated to the Lieutenant Governor by
11    the Governor.
12        (e)  Until  January  9,  1995,  while   the   office   of
13    Lieutenant  Governor  is vacant, appropriations to the Office
14    of the Lieutenant Governor may be obligated and  expended  by
15    the  Department  of  Central  Management  Services,  with the
16    authorization of the Director of Central Management Services,
17    for the purposes specified in  those  appropriations.   These
18    obligations  and  expenditures shall continue to be accounted
19    for as obligations and expenditures  of  the  Office  of  the
20    Lieutenant Governor.
21        (f)  Until   January   9,   1995,  while  the  office  of
22    Lieutenant Governor is vacant, all employees of the Office of
23    the Lieutenant Governor who  are  needed  to  carry  out  the
24    responsibilities  of the Office are temporarily reassigned to
25    the  Department  of  Central   Management   Services.    This
26    reassignment shall not be deemed to constitute new employment
27    or  to  change  the  terms or conditions of employment or the
28    qualifications required of the  employees,  except  that  the
29    reassigned  employees  shall be subject to supervision by the
30    Department during the temporary reassignment period.
31        (g)  Until  January  9,  1995,  while   the   office   of
32    Lieutenant  Governor  is  vacant,  the  Department of Central
33    Management Services shall temporarily assume and exercise the
34    powers and duties of the Office of  the  Lieutenant  Governor
                            -3-                LRB9011652JMmb
 1    under  contracts  to  which  the  Office  of  the  Lieutenant
 2    Governor  is  a  party.   The assumption of rights and duties
 3    under this subsection shall not be deemed to change the terms
 4    or conditions of the contract.
 5        The Department of Central Management Services may  amend,
 6    extend, or terminate any such contract in accordance with its
 7    terms;  may  agree  to terminate a contract at the request of
 8    the other party; and may, with the approval of the  Governor,
 9    enter  into  new  contracts  on  behalf  of the Office of the
10    Lieutenant Governor.
11        (h)  The Governor  may  designate  a  State  employee  or
12    director  other  than  the  Director  of  Central  Management
13    Services  or  a  State  agency  other  than the Department of
14    Central  Management  Services  to  assume  and  exercise  any
15    particular power or duty that would otherwise be assumed  and
16    exercised  by  the Director of Central Management Services or
17    the  Department  of   Central   Management   Services   under
18    subsection (b), (c), or (d) of this Section.
19        Except  as  provided  below, if the Governor designates a
20    State employee or director other than the Director of Central
21    Management  Services  or  a  State  agency  other  than   the
22    Department  of  Central  Management  Services, that person or
23    agency shall be responsible for those  duties  set  forth  in
24    subsections  (e),  (f),  and  (g) that directly relate to the
25    designation of duties under subsections (b), (c), and (d).
26        If the Governor's designation relates to  duties  of  the
27    Voluntary  Action  Advisory  Council or the Distance Learning
28    Foundation, the Director of Central Management  Services  and
29    the  Department  of  Central  Management  Services may, if so
30    directed by the Governor,  continue  to  be  responsible  for
31    those  duties  set  forth  in   subsections (e), (f), and (g)
32    relating to that designation.
33        (i)  Business transacted  under  the  authority  of  this
34    Section  by  entities other than the Office of the Lieutenant
                            -4-                LRB9011652JMmb
 1    Governor shall be transacted on behalf of and in the name  of
 2    the  Office  of  the  Lieutenant  Governor.   Property of the
 3    Office of the Lieutenant Governor shall remain  the  property
 4    of  that  Office  and  may  continue  to  be  used by persons
 5    performing the functions of that Office  during  the  vacancy
 6    period, except as otherwise directed by the Governor.
 7    (Source: P.A. 88-553; 89-445, eff. 2-7-96.)
 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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