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91_HB1055
LRB9104104MWks
1 AN ACT to amend the Civil Administrative Code of Illinois
2 by changing Section 67.35.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Civil Administrative Code of Illinois is
6 amended by changing Section 67.35 as follows:
7 (20 ILCS 405/67.35)
8 Sec. 67.35. Matters relating to the Office of the
9 Lieutenant Governor.
10 (a) It is the purpose of this Section to provide for the
11 administration of the affairs of the Office of the Lieutenant
12 Governor during a period when the Office of Lieutenant
13 Governor is vacant.
14 It is the intent of the General Assembly that all powers
15 and duties of the Lieutenant Governor assumed and exercised
16 by the Director of Central Management Services, the
17 Department of Central Management Services, or another
18 Director, State employee, or State agency designated by the
19 Governor under the provisions of this amendatory Act of 1998
20 be reassumed by the Lieutenant Governor on January 11, 1999.
21 (b) Until January 11, 1999, while the office of
22 Lieutenant Governor is vacant, the Director of Central
23 Management Services shall assume and exercise the powers and
24 duties given to the Lieutenant Governor under the Illinois
25 Commission on Community Service Act, Section 46.53 of this
26 Code (relating to the Keep Illinois Beautiful program),
27 Section 12-1 of the State Finance Act, the Gifts and Grants
28 to Government Act, and the Illinois Distance Learning
29 Foundation Act.
30 The Director of Central Management Services shall not
31 assume or exercise the powers and duties given to the
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1 Lieutenant Governor under the Rural Bond Bank Act.
2 (c) Until January 11, 1999, while the office of
3 Lieutenant Governor is vacant, the Department of Central
4 Management Services shall assume and exercise the powers and
5 duties given to the Office of the Lieutenant Governor under
6 Section 2-3.112 of the School Code, the Illinois River
7 Watershed Restoration Act, the Illinois Wildlife Prairie Park
8 Act, Section 12-1 of the State Finance Act, and the Illinois
9 Distance Learning Foundation Act.
10 (c-5) Notwithstanding subsection (c): (i) the Governor
11 shall appoint an interim member, who shall be interim
12 chairperson, of the Illinois River Coordinating Council while
13 the office of the Lieutenant Governor is vacant until January
14 11, 1999 and (ii) the Governor shall appoint an interim
15 member, who shall be interim chairperson, of the Illinois
16 Wildlife Prairie Park Commission while the office of the
17 Lieutenant Governor is vacant until January 11, 1999.
18 (d) Until January 11, 1999, while the office of
19 Lieutenant Governor is vacant, the Department of Central
20 Management Services may assume and exercise the powers and
21 duties that have been delegated to the Lieutenant Governor by
22 the Governor.
23 (e) Until January 11, 1999, while the office of
24 Lieutenant Governor is vacant, appropriations to the Office
25 of the Lieutenant Governor may be obligated and expended by
26 the Department of Central Management Services, with the
27 authorization of the Director of Central Management Services,
28 for the purposes specified in those appropriations. These
29 obligations and expenditures shall continue to be accounted
30 for as obligations and expenditures of the Office of the
31 Lieutenant Governor.
32 (f) Until January 11, 1999, while the office of
33 Lieutenant Governor is vacant, all employees of the Office of
34 the Lieutenant Governor who are needed to carry out the
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1 responsibilities of the Office are temporarily reassigned to
2 the Department of Central Management Services. This
3 reassignment shall not be deemed to constitute new employment
4 or to change the terms or conditions of employment or the
5 qualifications required of the employees, except that the
6 reassigned employees shall be subject to supervision by the
7 Department during the temporary reassignment period.
8 (g) Until January 11, 1999, while the office of
9 Lieutenant Governor is vacant, the Department of Central
10 Management Services shall temporarily assume and exercise the
11 powers and duties of the Office of the Lieutenant Governor
12 under contracts to which the Office of the Lieutenant
13 Governor is a party. The assumption of rights and duties
14 under this subsection (g) shall not be deemed to change the
15 terms or conditions of the contract.
16 The Department of Central Management Services may amend,
17 extend, or terminate any such contract in accordance with its
18 terms; may agree to terminate a contract at the request of
19 the other party; and may, with the approval of the Governor,
20 enter into new contracts on behalf of the Office of the
21 Lieutenant Governor.
22 (h) The Governor may designate a State employee or
23 director other than the Director of Central Management
24 Services or a State agency other than the Department of
25 Central Management Services to assume and exercise any
26 particular power or duty that would otherwise be assumed and
27 exercised by the Director of Central Management Services or
28 the Department of Central Management Services under
29 subsection (b), (c), or (d) of this Section.
30 Except as provided below, if the Governor designates a
31 State employee or director other than the Director of Central
32 Management Services or a State agency other than the
33 Department of Central Management Services, that person or
34 agency shall be responsible for those duties set forth in
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1 subsections (e), (f), and (g) that directly relate to the
2 designation of duties under subsections (b), (c), and (d).
3 If the Governor's designation relates to duties of the
4 Commission on Community Service or the Distance Learning
5 Foundation, the Director of Central Management Services and
6 the Department of Central Management Services may, if so
7 directed by the Governor, continue to be responsible for
8 those duties set forth in subsections (e), (f), and (g)
9 relating to that designation.
10 (i) Business transacted under the authority of this
11 Section by entities other than the Office of the Lieutenant
12 Governor shall be transacted on behalf of and in the name of
13 the Office of the Lieutenant Governor. Property of the
14 Office of the Lieutenant Governor shall remain the property
15 of that Office and may continue to be used by persons
16 performing the functions of that Office during the vacancy
17 period, except as otherwise directed by the Governor.
18 (Source: P.A. 89-445, eff. 2-7-96; 90-609, eff. 6-30-98.)