HB5057sam002 96TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 11/18/2010

09600HB5057sam002 LRB096 18200 JDS 44082 a

AMENDMENT TO HOUSE BILL 5057

AMENDMENT NO. ______. Amend House Bill 5057, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Governmental Ethics Act is amended by adding Section 3A-40 as follows:

(5 ILCS 420/3A-40 new)

Sec. 3A-40. Appointees with expired terms; temporary and acting appointees.

(a) A person who is nominated by the Governor on or after the effective date of this amendatory Act of the 96th General Assembly for any office to which appointment requires the advice and consent of the Senate, who is appointed pursuant to that advice and consent, and whose term of office expires shall not continue in office longer than 30 days after the expiration of that term of office. After that 30th day, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

A person who has been nominated by the Governor before the effective date of this amendatory Act of the 96th General Assembly for any office to which appointment requires the advice and consent of the Senate, who has been appointed pursuant to that advice and consent, and whose term of office has expired before that effective date shall not continue in office longer than 30 days after that effective date. After that 30th day, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

(b) A person who is appointed by the Governor on or after the effective date of this amendatory Act of the 96th General Assembly to serve as a temporary appointee, pursuant to Article V, Section 9(b) of the Illinois Constitution or any other applicable statute, to any office to which appointment requires the advice and consent of the Senate shall not continue in office after the next meeting of the Senate unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before that meeting date. After that meeting date, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

A person who has been appointed by the Governor before the effective date of this amendatory Act of the 96th General Assembly to serve as a temporary appointee, pursuant to Article V, Section 9(b) of the Illinois Constitution or any other applicable statute, to any office to which appointment requires the advice and consent of the Senate shall not continue in office after that effective date or the next meeting of the Senate, as applicable, unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before the next meeting of the Senate after that temporary appointment was made. After that effective date or meeting date, whichever last occurs, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

(c) A person who is appointed by the Governor on or after the effective date of this amendatory Act of the 96th General Assembly to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate shall not continue in office more than 30 days unless the Governor files a message with the Secretary of the Senate nominating that person to fill that office within that 30 days. After that 30 days, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

A person who has been appointed by the Governor before the effective date of this amendatory Act of the 96th General Assembly to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate shall not continue in office for more than 30 days after that effective date unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before that effective date. After that 30 days, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section.

For the purposes of this subsection (c), "acting appointee" means a person appointed by the Governor to serve as an acting director or acting secretary pursuant to Section 5-605 of the Civil Administrative Code of Illinois. "Acting appointee" also means a person appointed by the Governor pursuant to any other statute to serve as an acting holder of any office, to execute the duties and functions of any office, or both.

(d) The provisions of this Section apply notwithstanding any law to the contrary.

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