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91_HB0623eng HB0623 Engrossed LRB9102742PTmb 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 90-609this19amendatory Act of 1998be 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 HB0623 Engrossed -2- LRB9102742PTmb 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 HB0623 Engrossed -3- LRB9102742PTmb 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 HB0623 Engrossed -4- LRB9102742PTmb 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.)