State of Illinois
91st General Assembly
Legislation

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91_HB0623

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

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