HB4450 96TH GENERAL ASSEMBLY

LRB096 12702 RCE 26356 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4450

Introduced 5/7/2009, by Rep. Michael J. Madigan

SYNOPSIS AS INTRODUCED:

New Act

Creates the Officials and Employees Termination Act of 2009. Provides that the terms of office or employment of all designated officials and employees are terminated, by operation of law, effective on the effective date of the Act. The designated officials and employees are (i) the heads, assistant heads, and deputy heads of executive State agencies who were nominated by the Governor between January 11, 1999 and January 29, 2009 for a position that requires the advice and consent of the Senate, (ii) members of executive boards or commissions who were nominated by the Governor between those dates for a position that requires the advice and consent of the Senate, (iii) employees of executive State agencies or executive boards or commissions, whose employment in a Rutan exempt position began between those dates, (iv) employees of executive State agencies or executive boards or commissions, appointed to a term appointment between those dates, and (v) any other official or employee who was nominated by the Governor between those dates for a position that requires the advice and consent of the Senate. Executive State agencies and executive boards or commissions are those of the executive branch not under the jurisdiction and control of the Lieutenant Governor, Attorney General, Secretary of State, Treasurer, or Comptroller. Allows hold over for no more than 60 days. Allows the Governor to make temporary appointments and to subsequently nominate or employ a terminated person. 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 1. Short title. This Act may be cited as the Officials and Employees Termination Act of 2009.

Section 5. In this Act:

"Designated officials and employees" means (i) each head, assistant head, and deputy head of an executive State agency who was nominated by the Governor between January 11, 1999 and January 29, 2009 for a position that requires the advice and consent of the Senate, (ii) each member of an executive board or commission who was nominated by the Governor between January 11, 1999 and January 29, 2009 for a position that requires the advice and consent of the Senate, (iii) each employee of an executive State agency or an executive board or commission, whose employment in a Rutan exempt position began between January 11, 1999 and January 29, 2009, (iv) each employee of an executive State agency or an executive board or commission, appointed to a term appointment under Section 8b.18 or 8b.19 of the Personnel Code between January 11, 1999 and January 29, 2009, and (v) any other official or employee who was nominated by the Governor between January 11, 1999 and January 29, 2009 for a position that requires the advice and consent of the Senate.

"Executive board or commission" means each executive branch board or commission created by law that is not under the jurisdiction and control of the Lieutenant Governor, Attorney General, Secretary of State, Treasurer, or Comptroller.

"Executive State agency" means each executive branch department, agency, institution, authority, public institution of higher learning, and body politic and corporate of the State created by law that is not under the jurisdiction of the Lieutenant Governor, Attorney General, Secretary of State, Treasurer, or Comptroller.

"Rutan" means the opinion of the United States Supreme Court in Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990).

Section 10. Termination.

(a) The terms of office or employment of all designated officials and employees are terminated, by operation of law, effective on the effective date of this Act. The Governor and other employing or appointing authorities are directed to take whatever action is necessary to effectuate these terminations.

(b) A person terminated under subsection (a) may not hold over in office or employment for more than 60 days after the effective date of this Act.

(c) Nothing in this Act prevents the Governor from subsequently making a temporary appointment or from subsequently nominating or employing a person terminated under subsection (a). Nothing in this Act prevents an employing or appointing authority from subsequently employing or appointing a person terminated under subsection (a).

Section 15. Act controls. The provisions of this Act control over inconsistent provisions of any other law except Public Act 96-6.

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