SB0001 97TH GENERAL ASSEMBLY

LRB097 05756 JDS 45820 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0001

Introduced 1/12/2011, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

5 ILCS 420/3A-40 new

Amends the Illinois Governmental Ethics Act. Provides that holdover appointees, temporary appointees, and acting appointees to offices requiring Senate confirmation may not continue in office longer than stated limited periods. Exempts from these provisions appointments to the State Board of Elections. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Governmental Ethics Act is amended by adding Section 3A-40 as follows:

(5 ILCS 420/3A-40 new)

Sec. 3A-40. Appointees with expired terms; temporary and acting appointees.

(a) A person who is nominated by the Governor on or after the effective date of this amendatory Act of the 97th General Assembly for any office to which appointment requires the advice and consent of the Senate, who is appointed pursuant to that advice and consent, and whose term of office expires shall not continue in office longer than 30 days after the expiration of that term of office. After that 30th day, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

A person who has been nominated by the Governor before the effective date of this amendatory Act of the 97th General Assembly for any salaried office to which appointment requires the advice and consent of the Senate, who has been appointed pursuant to that advice and consent, and whose term of office has expired before that effective date shall not continue in office after that effective date. After that effective date, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section. For the purposes of this Section, "salaried office" means an office in which one receives any form of compensation other than per diem or expense reimbursement.

A person who has been nominated by the Governor before the effective date of this amendatory Act of the 97th General Assembly for an office other than a salaried office to which appointment requires the advice and consent of the Senate, who has been appointed pursuant to that advice and consent, and whose term of office has expired before that effective date shall not continue in office longer than 30 days after that effective date. After that 30th day, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

(b) A person who is appointed by the Governor on or after the effective date of this amendatory Act of the 97th General Assembly to serve as a temporary appointee, pursuant to Article V, Section 9(b) of the Illinois Constitution or any other applicable statute, to any office to which appointment requires the advice and consent of the Senate shall not continue in office after the next meeting of the Senate unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before that meeting date. After that meeting date, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

A person who has been appointed by the Governor before the effective date of this amendatory Act of the 97th General Assembly to serve as a temporary appointee, pursuant to Article V, Section 9(b) of the Illinois Constitution or any other applicable statute, to any office to which appointment requires the advice and consent of the Senate shall not continue in office after that effective date or the next meeting of the Senate, as applicable, unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before the next meeting of the Senate after that temporary appointment was made. After that effective date or meeting date, whichever last occurs, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

(c) A person who is appointed by the Governor on or after the effective date of this amendatory Act of the 97th General Assembly to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate shall not continue in office more than 30 days unless the Governor files a message with the Secretary of the Senate nominating that person to fill that office within that 30 days. After that 30 days, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

A person who has been appointed by the Governor before the effective date of this amendatory Act of the 97th General Assembly to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate shall not continue in office after that effective date unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before that effective date. After that effective date, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

For the purposes of this subsection (c), "acting appointee" means a person appointed by the Governor to serve as an acting director or acting secretary pursuant to Section 5-605 of the Civil Administrative Code of Illinois. "Acting appointee" also means a person appointed by the Governor pursuant to any other statute to serve as an acting holder of any office, to execute the duties and functions of any office, or both.

(d) The provisions of this Section apply notwithstanding any law to the contrary. However, the provisions of this Section shall not apply to appointments made under Article 1A of the Election Code.

Section 99. Effective date. This Act takes effect upon becoming law.