State of Illinois
91st General Assembly
Legislation

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91_HB0636

 
                                               LRB9103142PTpk

 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.
 9        (a)  It is The purpose of this Section is to provide  for
10    the  administration  of  the  affairs  of  the  Office of the
11    Lieutenant Governor  during  a  period  when  the  Office  of
12    Lieutenant 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  1998
19    be reassumed by the Lieutenant Governor on January 11, 1999.
20        (b)  Until   January   11,  1999,  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 Illinois
24    Commission on Community Service Act, Section  46.53  of  this
25    Code  (relating  to  the  Keep  Illinois  Beautiful program),
26    Section 12-1 of the State Finance 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.
 
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 1        (c)  Until  January  11,  1999,  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    Section 2-3.112  of  the  School  Code,  the  Illinois  River
 6    Watershed Restoration Act, the Illinois Wildlife Prairie Park
 7    Act,  Section 12-1 of the State Finance Act, and the Illinois
 8    Distance Learning Foundation Act.
 9        (c-5)  Notwithstanding subsection (c): (i)  the  Governor
10    shall  appoint  an  interim  member,  who  shall  be  interim
11    chairperson, of the Illinois River Coordinating Council while
12    the office of the Lieutenant Governor is vacant until January
13    11,  1999  and  (ii)  the  Governor  shall appoint an interim
14    member, who shall be interim  chairperson,  of  the  Illinois
15    Wildlife  Prairie  Park  Commission  while  the office of the
16    Lieutenant Governor is vacant until January 11, 1999.
17        (d)  Until  January  11,  1999,  while  the   office   of
18    Lieutenant  Governor  is  vacant,  the  Department of Central
19    Management Services may assume and exercise  the  powers  and
20    duties that have been delegated to the Lieutenant Governor by
21    the Governor.
22        (e)  Until   January   11,  1999,  while  the  office  of
23    Lieutenant Governor is vacant, appropriations to  the  Office
24    of  the  Lieutenant Governor may be obligated and expended by
25    the Department  of  Central  Management  Services,  with  the
26    authorization of the Director of Central Management Services,
27    for  the  purposes  specified in those appropriations.  These
28    obligations and expenditures shall continue to  be  accounted
29    for  as  obligations  and  expenditures  of the Office of the
30    Lieutenant Governor.
31        (f)  Until  January  11,  1999,  while  the   office   of
32    Lieutenant Governor is vacant, all employees of the Office of
33    the  Lieutenant  Governor  who  are  needed  to carry out the
34    responsibilities of the Office are temporarily reassigned  to
 
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 1    the   Department   of   Central  Management  Services.   This
 2    reassignment shall not be deemed to constitute new employment
 3    or to change the terms or conditions  of  employment  or  the
 4    qualifications  required  of  the  employees, except that the
 5    reassigned employees shall be subject to supervision  by  the
 6    Department during the temporary reassignment period.
 7        (g)  Until   January   11,  1999,  while  the  office  of
 8    Lieutenant Governor is  vacant,  the  Department  of  Central
 9    Management Services shall temporarily assume and exercise the
10    powers  and  duties  of the Office of the Lieutenant Governor
11    under  contracts  to  which  the  Office  of  the  Lieutenant
12    Governor is a party.  The assumption  of  rights  and  duties
13    under this subsection shall not be deemed to change the terms
14    or conditions of the contract.
15        The  Department of Central Management Services may amend,
16    extend, or terminate any such contract in accordance with its
17    terms; may agree to terminate a contract at  the  request  of
18    the  other party; and may, with the approval of the Governor,
19    enter into new contracts on  behalf  of  the  Office  of  the
20    Lieutenant Governor.
21        (h)  The  Governor  may  designate  a  State  employee or
22    director  other  than  the  Director  of  Central  Management
23    Services or a State  agency  other  than  the  Department  of
24    Central  Management  Services  to  assume  and  exercise  any
25    particular  power or duty that would otherwise be assumed and
26    exercised by the Director of Central Management  Services  or
27    the   Department   of   Central   Management  Services  under
28    subsection (b), (c), or (d) of this Section.
29        Except as provided below, if the  Governor  designates  a
30    State employee or director other than the Director of Central
31    Management   Services  or  a  State  agency  other  than  the
32    Department of Central Management  Services,  that  person  or
33    agency  shall  be  responsible  for those duties set forth in
34    subsections (e), (f), and (g) that  directly  relate  to  the
 
                            -4-                LRB9103142PTpk
 1    designation of duties under subsections (b), (c), and (d).
 2        If  the  Governor's  designation relates to duties of the
 3    Commission on Community  Service  or  the  Distance  Learning
 4    Foundation,  the  Director of Central Management Services and
 5    the Department of Central  Management  Services  may,  if  so
 6    directed  by  the  Governor,  continue  to be responsible for
 7    those duties set forth in   subsections  (e),  (f),  and  (g)
 8    relating to that designation.
 9        (i)  Business  transacted  under  the  authority  of this
10    Section by entities other than the Office of  the  Lieutenant
11    Governor  shall be transacted on behalf of and in the name of
12    the Office of  the  Lieutenant  Governor.   Property  of  the
13    Office  of  the Lieutenant Governor shall remain the property
14    of that Office  and  may  continue  to  be  used  by  persons
15    performing  the  functions  of that Office during the vacancy
16    period, except as otherwise directed by the Governor.
17    (Source: P.A. 89-445, eff. 2-7-96; 90-609, eff. 6-30-98.)

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