Sen. John J. Cullerton

Filed: 5/30/2011

 

 


 

 


 
09700HB2972sam003LRB097 10867 JDS 56505 a

1
AMENDMENT TO HOUSE BILL 2972

2    AMENDMENT NO. ______. Amend House Bill 2972 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Governmental Ethics Act is amended
5by adding Section 3A-40 as follows:
 
6    (5 ILCS 420/3A-40 new)
7    Sec. 3A-40. Appointees with expired terms; temporary and
8acting appointees.
9    (a) A person who is nominated by the Governor on or after
10the effective date of this amendatory Act of the 97th General
11Assembly for any affected office to which appointment requires
12the advice and consent of the Senate, who is appointed pursuant
13to that advice and consent, and whose term of office expires
14shall not continue in office longer than 60 calendar days after
15the expiration of that term of office. After that 60th day,
16each such office is considered vacant and shall be filled only

 

 

09700HB2972sam003- 2 -LRB097 10867 JDS 56505 a

1pursuant to the law applicable to making appointments to that
2office, subject to the provisions of this Section.
3    A person who has been nominated by the Governor before the
4effective date of this amendatory Act of the 97th General
5Assembly for any affected office to which appointment requires
6the advice and consent of the Senate, who has been appointed
7pursuant to that advice and consent, and whose term of office
8has expired before that effective date shall not continue in
9office longer than 60 calendar days after that effective date.
10After that 60 days, each such office is considered vacant and
11shall be filled only pursuant to the law applicable to making
12appointments to that office, subject to the provisions of this
13Section. For the purposes of this subsection (a), "affected
14office" means (i) an office in which one receives any form of
15compensation, including salary or per diem, but not including
16expense reimbursement, or (ii) membership on the board of
17trustees of a public university.
18    (b) A person who is appointed by the Governor on or after
19the effective date of this amendatory Act of the 97th General
20Assembly to serve as a temporary appointee, pursuant to Article
21V, Section 9(b) of the Illinois Constitution or any other
22applicable statute, to any office to which appointment requires
23the advice and consent of the Senate shall not continue in
24office after the next meeting of the Senate unless the Governor
25has filed a message with the Secretary of the Senate nominating
26that person to fill that office on or before that meeting date.

 

 

09700HB2972sam003- 3 -LRB097 10867 JDS 56505 a

1After that meeting date, each such office is considered vacant
2and shall be filled only pursuant to the law applicable to
3making appointments to that office, subject to the provisions
4of this Section.
5    A person who has been appointed by the Governor before the
6effective date of this amendatory Act of the 97th General
7Assembly to serve as a temporary appointee, pursuant to Article
8V, Section 9(b) of the Illinois Constitution or any other
9applicable statute, to any office to which appointment requires
10the advice and consent of the Senate shall not continue in
11office after that effective date or the next meeting of the
12Senate after that effective date, as applicable, unless the
13Governor has filed a message with the Secretary of the Senate
14nominating that person to fill that office on or before the
15next meeting of the Senate after that temporary appointment was
16made. After that effective date or meeting date, as applicable,
17each such office is considered vacant and shall be filled only
18pursuant to the law applicable to making appointments to that
19office, subject to the provisions of this Section.
20    For the purposes of this subsection (b), a meeting of the
21Senate does not include a perfunctory session day as designated
22by the Senate under its rules.
23    (c) A person who is designated by the Governor on or after
24the effective date of this amendatory Act of the 97th General
25Assembly to serve as an acting appointee to any office to which
26appointment requires the advice and consent of the Senate shall

 

 

09700HB2972sam003- 4 -LRB097 10867 JDS 56505 a

1not continue in office more than 60 calendar days unless the
2Governor files a message with the Secretary of the Senate
3nominating that person to fill that office within that 60 days.
4After that 60 days, each such office is considered vacant and
5shall be filled only pursuant to the law applicable to making
6appointments to that office, subject to the provisions of this
7Section. No person who has been designated by the Governor to
8serve as an acting appointee to any office to which appointment
9requires the advice and consent of the Senate shall, except at
10the Senate's request, be designated again as an acting
11appointee for that office at the same session of that Senate,
12subject to the provisions of this Section.
13    A person who has been designated by the Governor before the
14effective date of this amendatory Act of the 97th General
15Assembly to serve as an acting appointee to any office to which
16appointment requires the advice and consent of the Senate shall
17not continue in office longer than 60 calendar days after that
18effective date unless the Governor has filed a message with the
19Secretary of the Senate nominating that person to fill that
20office on or before that 60 days. After that 60 days, each such
21office is considered vacant and shall be filled only pursuant
22to the law applicable to making appointments to that office,
23subject to the provisions of this Section. No person who has
24been designated by the Governor to serve as an acting appointee
25to any office to which appointment requires the advice and
26consent of the Senate shall, except at the Senate's request, be

 

 

09700HB2972sam003- 5 -LRB097 10867 JDS 56505 a

1designated again as an acting appointee for that office at the
2same session of that Senate, subject to the provisions of this
3Section.
4    During the term of a General Assembly, the Governor may not
5designate a person to serve as an acting appointee to any
6office to which appointment requires the advice and consent of
7the Senate if that person's nomination to serve as the
8appointee for the same office was rejected by the Senate of the
9same General Assembly.
10    For the purposes of this subsection (c), "acting appointee"
11means a person designated by the Governor to serve as an acting
12director or acting secretary pursuant to Section 5-605 of the
13Civil Administrative Code of Illinois. "Acting appointee" also
14means a person designated by the Governor pursuant to any other
15statute to serve as an acting holder of any office, to execute
16the duties and functions of any office, or both.
17    (d) The provisions of this Section apply notwithstanding
18any law to the contrary. However, the provisions of this
19Section do not apply to appointments made under Article 1A of
20the Election Code or to the appointment of any person to serve
21as Director of the Illinois Power Agency.
 
22    Section 10. The Civil Administrative Code of Illinois is
23amended by changing Section 5-605 as follows:
 
24    (20 ILCS 5/5-605)  (was 20 ILCS 5/12)

 

 

09700HB2972sam003- 6 -LRB097 10867 JDS 56505 a

1    Sec. 5-605. Appointment of officers. Each officer whose
2office is created by the Civil Administrative Code of Illinois
3or by any amendment to the Code shall be appointed by the
4Governor, by and with the advice and consent of the Senate. In
5case of vacancies in those offices during the recess of the
6Senate, the Governor shall make a temporary appointment until
7the next meeting of the Senate, when the Governor shall
8nominate some person to fill the office, and any person so
9nominated who is confirmed by the Senate shall hold office
10during the remainder of the term and until his or her successor
11is appointed and qualified. If the Senate is not in session at
12the time the Code or any amendments to the Code take effect,
13the Governor shall make a temporary appointment as in the case
14of a vacancy.
15    During the absence or inability to act of the director of
16any department, or of the Secretary of Human Services or the
17Secretary of Transportation, or in case of a vacancy in any
18such office until a successor is appointed and qualified, the
19Governor may designate some person as acting director or acting
20secretary to execute the powers and discharge the duties vested
21by law in that director or secretary.
22    During the term of a General Assembly, the Governor may not
23designate a person to serve as an acting director or secretary
24under this Section if that person's nomination to serve as the
25director or secretary of that same Department was rejected by
26the Senate of the same General Assembly. This Section is

 

 

09700HB2972sam003- 7 -LRB097 10867 JDS 56505 a

1subject to the provisions of subsection (c) of Section 3A-40 of
2the Illinois Governmental Ethics Act.
3(Source: P.A. 91-239, eff. 1-1-00.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".