Sen. John J. Cullerton

Filed: 5/28/2011

 

 


 

 


 
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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 office to which appointment requires the
12advice and consent of the Senate, who is appointed pursuant to
13that advice and consent, and whose term of office expires shall
14not continue in office longer than 30 days after the expiration
15of that term of office. After that 30th day, each such office
16is considered vacant and shall be filled only pursuant to the

 

 

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1law applicable to making appointments to that office, subject
2to 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 salaried 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 after that effective date. After that effective date,
10each such office is considered vacant and shall be filled only
11pursuant to the law applicable to making appointments to that
12office, subject to the provisions of this Section. For the
13purposes of this Section, "salaried office" means an office in
14which one receives any form of compensation other than per diem
15or expense reimbursement.
16    A person who has been nominated by the Governor before the
17effective date of this amendatory Act of the 97th General
18Assembly for an office other than a salaried office to which
19appointment requires the advice and consent of the Senate, who
20has been appointed pursuant to that advice and consent, and
21whose term of office has expired before that effective date
22shall not continue in office longer than 30 days after that
23effective date. After that 30th day, each such office is
24considered vacant and shall be filled only pursuant to the law
25applicable to making appointments to that office, subject to
26the provisions of this Section.

 

 

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

 

 

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1applicable to making appointments to that office, subject to
2the provisions of this Section.
3    For the purposes of this subsection (b), a meeting of the
4Senate does not include a perfunctory session day as designated
5by the Senate under its rules.
6    (c) A person who is designated by the Governor on or after
7the effective date of this amendatory Act of the 97th General
8Assembly to serve as an acting appointee to any office to which
9appointment requires the advice and consent of the Senate shall
10not continue in office more than 30 days unless the Governor
11files a message with the Secretary of the Senate nominating
12that person to fill that office within that 30 days. After that
1330 days, each such office is considered vacant and shall be
14filled only pursuant to the law applicable to making
15appointments to that office, subject to the provisions of this
16Section. No person who has been designated by the Governor to
17serve as an acting appointee to any office to which appointment
18requires the advice and consent of the Senate shall, except at
19the Senate's request, be designated again as an acting
20appointee for that office at the same session of that Senate,
21subject to the provisions of this Section.
22    A person who has been designated by the Governor before the
23effective date of this amendatory Act of the 97th General
24Assembly to serve as an acting appointee to any office to which
25appointment requires the advice and consent of the Senate shall
26not continue in office after that effective date unless the

 

 

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1Governor has filed a message with the Secretary of the Senate
2nominating that person to fill that office on or before that
3effective date. After that effective date, each such office is
4considered vacant and shall be filled only pursuant to the law
5applicable to making appointments to that office, subject to
6the provisions of this Section. No person who has been
7designated by the Governor to serve as an acting appointee to
8any office to which appointment requires the advice and consent
9of the Senate shall, except at the Senate's request, be
10designated again as an acting appointee for that office at the
11same session of that Senate, subject to the provisions of this
12Section.
13    During the term of a General Assembly, the Governor may not
14designate a person to serve as an acting appointee to any
15office to which appointment requires the advice and consent of
16the Senate if that person's nomination to serve as the
17appointee for the same office was rejected by the Senate of the
18same General Assembly.
19    For the purposes of this subsection (c), "acting appointee"
20means a person designated by the Governor to serve as an acting
21director or acting secretary pursuant to Section 5-605 of the
22Civil Administrative Code of Illinois. "Acting appointee" also
23means a person designated by the Governor pursuant to any other
24statute to serve as an acting holder of any office, to execute
25the duties and functions of any office, or both.
26    (d) The provisions of this Section apply notwithstanding

 

 

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1any law to the contrary. However, the provisions of this
2Section shall not apply to appointments made under Article 1A
3of the Election Code or to appointments made under subsection
4(a) of Section 1-70 of the Illinois Power Agency Act.
5    (e) The provisions of this Section pertaining to a salaried
6office apply on and after July 1, 2011. The provisions of this
7Section pertaining to an office other than a salaried office
8apply on and after October 1, 2011.
 
9    Section 10. The Civil Administrative Code of Illinois is
10amended by changing Section 5-605 as follows:
 
11    (20 ILCS 5/5-605)  (was 20 ILCS 5/12)
12    Sec. 5-605. Appointment of officers. Each officer whose
13office is created by the Civil Administrative Code of Illinois
14or by any amendment to the Code shall be appointed by the
15Governor, by and with the advice and consent of the Senate. In
16case of vacancies in those offices during the recess of the
17Senate, the Governor shall make a temporary appointment until
18the next meeting of the Senate, when the Governor shall
19nominate some person to fill the office, and any person so
20nominated who is confirmed by the Senate shall hold office
21during the remainder of the term and until his or her successor
22is appointed and qualified. If the Senate is not in session at
23the time the Code or any amendments to the Code take effect,
24the Governor shall make a temporary appointment as in the case

 

 

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1of a vacancy.
2    During the absence or inability to act of the director of
3any department, or of the Secretary of Human Services or the
4Secretary of Transportation, or in case of a vacancy in any
5such office until a successor is appointed and qualified, the
6Governor may designate some person as acting director or acting
7secretary to execute the powers and discharge the duties vested
8by law in that director or secretary.
9    During the term of a General Assembly, the Governor may not
10designate a person to serve as an acting director or secretary
11under this Section if that person's nomination to serve as the
12director or secretary of that same Department was rejected by
13the Senate of the same General Assembly. This Section is
14subject to the provisions of subsection (c) of Section 3A-40 of
15the Illinois Governmental Ethics Act.
16(Source: P.A. 91-239, eff. 1-1-00.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".