Public Act 096-0136
 		





HB0088 Enrolled
LRB096 03987 JAM 14023 b






    AN ACT concerning State 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 
Lieutenant Governor Vacancy Act.
 
    Section 5. Definitions. As used in this Act:
    (a) The term "position of Lieutenant Governor" refers to 
the position in State government created by that name in the 
Illinois Constitution.
    (b) The term "Office of the Lieutenant Governor" refers to 
the administrative entity of that name which is  under the 
direction of the Lieutenant Governor and assists in carrying 
out the duties and affairs of the Lieutenant Governor.
 
    Section 10. Purpose.  It is the purpose of this Act to 
provide for the exercise of the powers and duties of the 
Lieutenant Governor and the administration of
the Office of the 
Lieutenant Governor during periods when the
position of 
Lieutenant Governor is vacant.
 
    Section 15. Powers of the Lieutenant Governor. 
    (a) Whenever the position of Lieutenant
Governor is
vacant, 
the Governor shall assume and exercise
the powers and duties of 
the Lieutenant Governor that are prescribed by law or have been 
delegated by the Governor to the Lieutenant Governor. The 
Governor may delegate the exercise of any such power or duty to 
an appropriate State officer or agency under the jurisdiction 
and control of the Governor for so long as the position of 
Lieutenant Governor remains vacant. For purposes of Section 9b 
of the State Finance Act, an officer or agency that is 
delegated activities is considered a successor. 
    (b) While the position of Lieutenant
Governor is
vacant, 
appropriations to the Lieutenant Governor, if any, may be

obligated and expended by the Governor for the
purposes 
specified in those appropriations that are for powers or duties 
that are not delegated.  Those obligations and expenditures

shall continue to be accounted for as obligations and 
expenditures of the
Lieutenant Governor.
 
    Section 20. Office of the Lieutenant Governor. 
    (a) While the position of Lieutenant
Governor is
vacant, 
the Governor may suspend any or all  the activities of the 
administrative entity known as the Office of the Lieutenant 
Governor and delegate those activities to one or more 
appropriate State officers or agencies under the jurisdiction 
and control of the Governor for so long as the position of 
Lieutenant Governor remains vacant. For purposes of Section 9b 
of the State Finance Act, an officer or agency that is 
delegated activities is considered a successor. 
    (b) If the Governor does not suspend all of the activities 
of the Office of the Lieutenant Governor while the position of 
Lieutenant
Governor is
vacant, the Office shall continue in 
existence, under the direction of the Governor, as appropriate 
to carry out the activities of the Office, and appropriations 
to the Office of the Lieutenant Governor, if any,  may be

obligated and expended, with the approval of the Governor, for 
the
purposes specified in those appropriations that are for 
activities  that are not delegated.  Those obligations and 
expenditures
shall continue to be accounted for as obligations 
and expenditures of the
Office of the Lieutenant Governor.
 
    Section 25. Contracts; employment. 
    (a) The assumption or delegation of powers and duties under 
this Act shall not be deemed
to change the terms or conditions 
of any contract, except  that references in any contract to the 
Lieutenant Governor or the Office of the Lieutenant Governor 
may be deemed to refer to the Governor or other person or 
entity exercising the powers and duties of the Lieutenant 
Governor or the Office of the Lieutenant Governor with respect 
to that contract pursuant to this Act.
    (b) The assumption or delegation of powers and duties under 
this Act shall not by itself be deemed
to change any condition 
or status of employment; but in exercising such powers and 
duties the Governor shall have all the powers of the Lieutenant 
Governor to supervise, direct, and reorganize the Office of the 
Lieutenant Governor and its employees. 
    (c) In the course of exercising any power or duty of the 
Lieutenant Governor that has been  assumed by or delegated to a 
person under Section 15 or 20 of this Act, the person  is not 
"serving as Lieutenant Governor" for the purposes of the 
Illinois Pension Code.
 
    Section 30. Resumption of powers.  When the position of 
Lieutenant Governor ceases to be vacant, the powers and duties 
assumed by the Governor under this Act, including any such 
powers that have been delegated by the Governor to a State 
employee, officer, or agency, shall once again be assumed and 
exercised by the Lieutenant Governor.
 
    Section 35. Repeal. The Lieutenant Governor Vacancy Act 
(Sections 1 through 35) is repealed on January 10, 2011.
 
    Section 90. The Executive Reorganization Implementation 
Act is amended  by changing Section  5.5 as follows:
 



    (15 ILCS 15/5.5)


    Sec. 5.5. Executive order provisions superseded. 

    (a) Executive Order No. 2003-9, in subdivision II(E), 
provides in part:
"All such personnel shall initially 
constitute probationary employees
under the Personnel Code.  
The Department of Central Management Services
shall establish a 
procedure for qualification and retention of personnel
in 
accordance with the Personnel Code.".  This language, which 
violates
Section 4 of this Act and contravenes applicable 
provisions of the Personnel
Code, is hereby superseded and of 
no force or effect.  The status and rights
of employees under 
the Personnel Code who are transferred by Executive Order
No. 
2003-9 shall not be affected by the reorganization under that 
Order.

    (b) Executive Order No. 2003-10, subdivision I(C), 
provides:
"The statutory powers, duties, rights, 
responsibilities and liabilities
regarding internal auditing 
by agencies, offices, divisions, departments,
bureaus, boards 
and commissions directly responsible to the Governor derive

from, among others, the Fiscal Control and Internal Auditing 
Act, 30 ILCS
10/1001 et seq., and the Illinois State Auditing 
Act, 30 ILCS 5/1-1 et seq.".
Executive Order No. 2003-10 
addresses only internal auditing functions and does
not address 
external auditing functions or the powers of the Auditor 
General.
The reference to the Illinois State Auditing Act is 
therefore incorrect, and
that reference is hereby superseded 
and of no force or effect.

    (c) Executive Order No. 2003-10, subdivision I(D), 
provides:
"Staff legal functions across agencies shall be 
transferred from individual
agencies to the Department of 
Central Management Services.  Legal functions
specific to each 
particular agency may remain at that agency.".
This transfer of 
legal functions was intended to be and is hereby limited
to 
legal technical advisor functions related to procurement and 
personnel
issues across agencies.  All other legal functions at 
an agency, including
those related to issues particular to the 
agency, and legal functions performed
by assistant attorneys 
general under the direction and control of the Attorney

General, shall remain at that agency.
To the extent that the 
language of subdivision I(D) of Executive Order No.
2003-10 may 
be construed to conflict with this subsection (c), that 
language
in Executive Order No. 2003-10 is hereby superseded.

    If any legal personnel (or their associated records or 
property) have been
transferred from an agency to the 
Department of Central Management Services
under the apparent 
direction of Executive Order No. 2003-10 but contrary to the

provisions of this subsection (c), those legal personnel (and 
their associated
records and property) shall be immediately 
transferred back to the original
agency from the Department of 
Central Management Services.

    (d) Executive Order No. 2003-11, in subdivisions II(B) and 
II(D), provides
in part:
"All such personnel shall initially 
constitute probationary employees
under the Personnel Code.  
The Department of Central Management Services
shall establish a 
procedure for qualification and retention of personnel
in 
accordance with the Personnel Code.".  This language, which 
violates
Section 4 of this Act and contravenes applicable 
provisions of the Personnel
Code, is hereby superseded and of 
no force or effect.  The status and rights
of employees under 
the Personnel Code who are transferred by Executive Order
No. 
2003-11 shall not be affected by the reorganization under that 
Order.

    (e) Executive Order No. 2003-12, in subdivision II(B), 
provides in part:
"All such personnel shall initially 
constitute probationary employees
under the Personnel Code.  
The Department of Central Management Services
shall establish a 
procedure for qualification and retention of personnel
in 
accordance with the Personnel Code.".  This language, which 
violates
Section 4 of this Act and contravenes applicable 
provisions of the Personnel
Code, is hereby superseded and of 
no force or effect.  The status and rights
of employees under 
the Personnel Code who are transferred by Executive Order
No. 
2003-12 shall not be affected by the reorganization under that 
Order.

    (f) Executive Order No. 09-06, filed April 1, 2009, is 
hereby superseded and of no force or effect. 
(Source: P.A. 93-586, eff. 8-22-03.)



 

    (20 ILCS 405/405-500 rep.)


    Section 92. The Department of Central Management Services 
Law of the
Civil Administrative Code of Illinois is amended  by 
repealing Section 405-500.
 
    Section 93. The Department of Commerce and Economic 
Opportunity Law of the
Civil Administrative Code of Illinois is 
amended  by changing Section 605-111 as follows:
 



    (20 ILCS 605/605-111)  (was 20 ILCS 605/46.34a)



    Sec. 605-111. Transfer relating to the Illinois Main Street 
Program. To transfer
assume from the Department to the Office 
of the Lieutenant Governor on July
1, 2009 1999, all personnel, 
books, records, papers, documents, property both real
and 
personal, and pending business in any way pertaining to the 
Illinois Main
Street Program.  All personnel transferred 
pursuant to this Section shall
receive certified status under 
the Personnel Code. Executive Order 09-08, filed April 1, 2009,  
is hereby superseded and has no force or effect. 

(Source: P.A. 91-25, eff. 6-9-99; 92-16, eff. 6-28-01.)

 
    Section 95. The Gifts and Grants to Government Act is 
amended  by changing Section 1 as follows:
 



    (30 ILCS 110/1)  (from Ch. 127, par. 168-81)



    Sec. 1. 
The Governor, Lieutenant Governor, Attorney 
General, Secretary
of State, Comptroller and Treasurer may 
accept monetary gifts or grants
from any nongovernmental 
source, upon such terms and conditions as may be
imposed, and 
may expend, subject to appropriation, such gifts or grants
for 
any purpose necessary or desirable in the exercise of the 
powers or
the performance of the duties of their offices.

    Until January 11, 1999, while the office of Lieutenant

Governor is vacant,
the powers and duties of the Lieutenant 
Governor under this Act shall be
carried out as provided in 
Section 67.35 of the Civil Administrative Code of
Illinois 
(renumbered; now Section 405-500 of the Department of Central

Management Services Law, 20 ILCS 405/405-500).

(Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00.)


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