Full Text of HB5057 96th General Assembly
HB5057sam002 96TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 11/18/2010
| | 09600HB5057sam002 | | LRB096 18200 JDS 44082 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5057
| 2 | | AMENDMENT NO. ______. Amend House Bill 5057, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Governmental Ethics Act is amended | 6 | | by adding Section 3A-40 as follows: | 7 | | (5 ILCS 420/3A-40 new) | 8 | | Sec. 3A-40. Appointees with expired terms; temporary and | 9 | | acting appointees. | 10 | | (a) A person who is nominated by the Governor on or after | 11 | | the effective date of this amendatory Act of the 96th General | 12 | | Assembly for any office to which appointment requires the | 13 | | advice and consent of the Senate, who is appointed pursuant to | 14 | | that advice and consent, and whose term of office expires shall | 15 | | not continue in office longer than 30 days after the expiration | 16 | | of that term of office. After that 30th day, each such office |
| | | 09600HB5057sam002 | - 2 - | LRB096 18200 JDS 44082 a |
|
| 1 | | is considered vacant and shall be filled only pursuant to the | 2 | | law applicable to making appointments to that office, subject | 3 | | to the provisions of this
Section. | 4 | | A person who has been nominated by the Governor before the | 5 | | effective date of this amendatory Act of the 96th General | 6 | | Assembly for any office to which appointment requires the | 7 | | advice and consent of the Senate, who has been appointed | 8 | | pursuant to that advice and consent, and whose term of office | 9 | | has expired before that effective date shall not continue in | 10 | | office longer than 30 days after that effective date. After | 11 | | that 30th day, each such office is considered vacant and shall | 12 | | be filled only pursuant to the law applicable to making | 13 | | appointments to that office, subject to the provisions of this | 14 | | Section. | 15 | | (b) A person who is appointed by the Governor on or after | 16 | | the effective date of this amendatory Act of the 96th General | 17 | | Assembly to serve as a temporary appointee, pursuant to Article | 18 | | V, Section 9(b) of the Illinois Constitution or any other | 19 | | applicable statute, to any office to which appointment requires | 20 | | the advice and consent of the Senate shall not continue in | 21 | | office after the next meeting of the Senate unless the Governor | 22 | | has filed a message with the Secretary of the Senate nominating | 23 | | that person to fill that office on or before that meeting date. | 24 | | After that meeting date, each such office is considered vacant | 25 | | and shall be filled only pursuant to the law applicable to | 26 | | making appointments to that office, subject to the provisions |
| | | 09600HB5057sam002 | - 3 - | LRB096 18200 JDS 44082 a |
|
| 1 | | of this
Section. | 2 | | A person who has been appointed by the Governor before the | 3 | | effective date of this amendatory Act of the 96th General | 4 | | Assembly to serve as a temporary appointee, pursuant to Article | 5 | | V, Section 9(b) of the Illinois Constitution or any other | 6 | | applicable statute, to any office to which appointment requires | 7 | | the advice and consent of the Senate shall not continue in | 8 | | office after that effective date or the next meeting of the | 9 | | Senate, as applicable, unless the Governor has filed a message | 10 | | with the Secretary of the Senate nominating that person to fill | 11 | | that office on or before the next meeting of the Senate after | 12 | | that temporary appointment was made. After that effective date | 13 | | or meeting date, whichever last occurs, each such office is | 14 | | considered vacant and shall be filled only pursuant to the law | 15 | | applicable to making appointments to that office, subject to | 16 | | the provisions of this Section. | 17 | | (c) A person who is appointed by the Governor on or after | 18 | | the effective date of this amendatory Act of the 96th General | 19 | | Assembly to serve as an acting appointee to any office to which | 20 | | appointment requires the advice and consent of the Senate shall | 21 | | not continue in office more than 30 days unless the Governor | 22 | | files a message with the Secretary of the Senate nominating | 23 | | that person to fill that office within that 30 days. After that | 24 | | 30 days, each such office is considered vacant and shall be | 25 | | filled only pursuant to the law applicable to making | 26 | | appointments to that office, subject to the provisions of this
|
| | | 09600HB5057sam002 | - 4 - | LRB096 18200 JDS 44082 a |
|
| 1 | | Section. | 2 | | A person who has been appointed by the Governor before the | 3 | | effective date of this amendatory Act of the 96th General | 4 | | Assembly to serve as an acting appointee to any office to which | 5 | | appointment requires the advice and consent of the Senate shall | 6 | | not continue in office for more than 30 days after that | 7 | | effective date unless the Governor has filed a message with the | 8 | | Secretary of the Senate nominating that person to fill that | 9 | | office on or before that effective date. After that 30 days, | 10 | | each such office is considered vacant and shall be filled only | 11 | | pursuant to the law applicable to making appointments to that | 12 | | office, subject to the provisions of this Section. | 13 | | For the purposes of this subsection (c), "acting appointee" | 14 | | means a person appointed by the Governor to serve as an acting | 15 | | director or acting secretary pursuant to Section 5-605 of the | 16 | | Civil Administrative Code of Illinois. "Acting appointee" also | 17 | | means a person appointed by the Governor pursuant to any other | 18 | | statute to serve as an acting holder of any office, to execute | 19 | | the duties and functions of any office, or both. | 20 | | (d) The provisions of this Section apply notwithstanding | 21 | | any law to the contrary.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
|
|