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91_HB0637
LRB9103141PTtm
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 is that all
14 powers and duties of the Lieutenant Governor assumed and
15 exercised 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 this amendatory Act of 1998
19 be reassumed by the Lieutenant Governor on January 11, 1999.
20 (b) Until January 11, 1999, while the office of
21 Lieutenant Governor is vacant, the Director of Central
22 Management Services shall assume and exercise the powers and
23 duties given to the Lieutenant Governor under the Illinois
24 Commission on Community Service Act, Section 46.53 of this
25 Code (relating to the Keep Illinois Beautiful program),
26 Section 12-1 of the State Finance Act, the Gifts and Grants
27 to Government Act, and the Illinois Distance Learning
28 Foundation Act.
29 The Director of Central Management Services shall not
30 assume or exercise the powers and duties given to the
31 Lieutenant Governor under the Rural Bond Bank Act.
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1 (c) Until January 11, 1999, while the office of
2 Lieutenant Governor is vacant, the Department of Central
3 Management Services shall assume and exercise the powers and
4 duties given to the Office of the Lieutenant Governor under
5 Section 2-3.112 of the School Code, the Illinois River
6 Watershed Restoration Act, the Illinois Wildlife Prairie Park
7 Act, Section 12-1 of the State Finance Act, and the Illinois
8 Distance Learning Foundation Act.
9 (c-5) Notwithstanding subsection (c): (i) the Governor
10 shall appoint an interim member, who shall be interim
11 chairperson, of the Illinois River Coordinating Council while
12 the office of the Lieutenant Governor is vacant until January
13 11, 1999 and (ii) the Governor shall appoint an interim
14 member, who shall be interim chairperson, of the Illinois
15 Wildlife Prairie Park Commission while the office of the
16 Lieutenant Governor is vacant until January 11, 1999.
17 (d) Until January 11, 1999, while the office of
18 Lieutenant Governor is vacant, the Department of Central
19 Management Services may assume and exercise the powers and
20 duties that have been delegated to the Lieutenant Governor by
21 the Governor.
22 (e) Until January 11, 1999, while the office of
23 Lieutenant Governor is vacant, appropriations to the Office
24 of the Lieutenant Governor may be obligated and expended by
25 the Department of Central Management Services, with the
26 authorization of the Director of Central Management Services,
27 for the purposes specified in those appropriations. These
28 obligations and expenditures shall continue to be accounted
29 for as obligations and expenditures of the Office of the
30 Lieutenant Governor.
31 (f) Until January 11, 1999, while the office of
32 Lieutenant Governor is vacant, all employees of the Office of
33 the Lieutenant Governor who are needed to carry out the
34 responsibilities of the Office are temporarily reassigned to
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1 the Department of Central Management Services. This
2 reassignment shall not be deemed to constitute new employment
3 or to change the terms or conditions of employment or the
4 qualifications required of the employees, except that the
5 reassigned employees shall be subject to supervision by the
6 Department during the temporary reassignment period.
7 (g) Until January 11, 1999, while the office of
8 Lieutenant Governor is vacant, the Department of Central
9 Management Services shall temporarily assume and exercise the
10 powers and duties of the Office of the Lieutenant Governor
11 under contracts to which the Office of the Lieutenant
12 Governor is a party. The assumption of rights and duties
13 under this subsection shall not be deemed to change the terms
14 or conditions of the contract.
15 The Department of Central Management Services may amend,
16 extend, or terminate any such contract in accordance with its
17 terms; may agree to terminate a contract at the request of
18 the other party; and may, with the approval of the Governor,
19 enter into new contracts on behalf of the Office of the
20 Lieutenant Governor.
21 (h) The Governor may designate a State employee or
22 director other than the Director of Central Management
23 Services or a State agency other than the Department of
24 Central Management Services to assume and exercise any
25 particular power or duty that would otherwise be assumed and
26 exercised by the Director of Central Management Services or
27 the Department of Central Management Services under
28 subsection (b), (c), or (d) of this Section.
29 Except as provided below, if the Governor designates a
30 State employee or director other than the Director of Central
31 Management Services or a State agency other than the
32 Department of Central Management Services, that person or
33 agency shall be responsible for those duties set forth in
34 subsections (e), (f), and (g) that directly relate to the
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1 designation of duties under subsections (b), (c), and (d).
2 If the Governor's designation relates to duties of the
3 Commission on Community Service or the Distance Learning
4 Foundation, the Director of Central Management Services and
5 the Department of Central Management Services may, if so
6 directed by the Governor, continue to be responsible for
7 those duties set forth in subsections (e), (f), and (g)
8 relating to that designation.
9 (i) Business transacted under the authority of this
10 Section by entities other than the Office of the Lieutenant
11 Governor shall be transacted on behalf of and in the name of
12 the Office of the Lieutenant Governor. Property of the
13 Office of the Lieutenant Governor shall remain the property
14 of that Office and may continue to be used by persons
15 performing the functions of that Office during the vacancy
16 period, except as otherwise directed by the Governor.
17 (Source: P.A. 89-445, eff. 2-7-96; 90-609, eff. 6-30-98.)