Sen. John J. Cullerton

Filed: 11/18/2010

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5057

2    AMENDMENT NO. ______. Amend House Bill 5057, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Governmental Ethics Act is amended
6by adding Section 3A-40 as follows:
 
7    (5 ILCS 420/3A-40 new)
8    Sec. 3A-40. Appointees with expired terms; temporary and
9acting appointees.
10    (a) A person who is nominated by the Governor on or after
11the effective date of this amendatory Act of the 96th General
12Assembly for any office to which appointment requires the
13advice and consent of the Senate, who is appointed pursuant to
14that advice and consent, and whose term of office expires shall
15not continue in office longer than 30 days after the expiration
16of that term of office. After that 30th day, each such office

 

 

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1is considered vacant and shall be filled only pursuant to the
2law applicable to making appointments to that office, subject
3to the provisions of this Section.
4    A person who has been nominated by the Governor before the
5effective date of this amendatory Act of the 96th General
6Assembly for any office to which appointment requires the
7advice and consent of the Senate, who has been appointed
8pursuant to that advice and consent, and whose term of office
9has expired before that effective date shall not continue in
10office longer than 30 days after that effective date. After
11that 30th day, each such office is considered vacant and shall
12be filled only pursuant to the law applicable to making
13appointments to that office, subject to the provisions of this
14Section.
15    (b) A person who is appointed by the Governor on or after
16the effective date of this amendatory Act of the 96th General
17Assembly to serve as a temporary appointee, pursuant to Article
18V, Section 9(b) of the Illinois Constitution or any other
19applicable statute, to any office to which appointment requires
20the advice and consent of the Senate shall not continue in
21office after the next meeting of the Senate unless the Governor
22has filed a message with the Secretary of the Senate nominating
23that person to fill that office on or before that meeting date.
24After that meeting date, each such office is considered vacant
25and shall be filled only pursuant to the law applicable to
26making appointments to that office, subject to the provisions

 

 

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1of this Section.
2    A person who has been appointed by the Governor before the
3effective date of this amendatory Act of the 96th General
4Assembly to serve as a temporary appointee, pursuant to Article
5V, Section 9(b) of the Illinois Constitution or any other
6applicable statute, to any office to which appointment requires
7the advice and consent of the Senate shall not continue in
8office after that effective date or the next meeting of the
9Senate, as applicable, unless the Governor has filed a message
10with the Secretary of the Senate nominating that person to fill
11that office on or before the next meeting of the Senate after
12that temporary appointment was made. After that effective date
13or meeting date, whichever last occurs, each such office is
14considered vacant and shall be filled only pursuant to the law
15applicable to making appointments to that office, subject to
16the provisions of this Section.
17    (c) A person who is appointed by the Governor on or after
18the effective date of this amendatory Act of the 96th General
19Assembly to serve as an acting appointee to any office to which
20appointment requires the advice and consent of the Senate shall
21not continue in office more than 30 days unless the Governor
22files a message with the Secretary of the Senate nominating
23that person to fill that office within that 30 days. After that
2430 days, each such office is considered vacant and shall be
25filled only pursuant to the law applicable to making
26appointments to that office, subject to the provisions of this

 

 

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1Section.
2    A person who has been appointed by the Governor before the
3effective date of this amendatory Act of the 96th General
4Assembly to serve as an acting appointee to any office to which
5appointment requires the advice and consent of the Senate shall
6not continue in office for more than 30 days after that
7effective date unless the Governor has filed a message with the
8Secretary of the Senate nominating that person to fill that
9office on or before that effective date. After that 30 days,
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.
13    For the purposes of this subsection (c), "acting appointee"
14means a person appointed by the Governor to serve as an acting
15director or acting secretary pursuant to Section 5-605 of the
16Civil Administrative Code of Illinois. "Acting appointee" also
17means a person appointed by the Governor pursuant to any other
18statute to serve as an acting holder of any office, to execute
19the duties and functions of any office, or both.
20    (d) The provisions of this Section apply notwithstanding
21any law to the contrary.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".