2005 Illinois Code - 5 ILCS 420/ Illinois Governmental Ethics Act. Article 3A - Governmental Appointees
(5 ILCS 420/Art. 3A heading)
ARTICLE 3A
GOVERNMENTAL APPOINTEES
(Source: P.A. 93‑615, eff. 11‑19‑03.)
(5 ILCS 420/3A‑5)
Sec. 3A‑5. Definitions. As used in this Article:
"Late term appointee" means a person who is appointed to an office by
a Governor who does not succeed himself or herself as Governor, whose
appointment requires the advice and consent of the Senate, and whose
appointment is confirmed by the Senate 90 or fewer days before the end
of the appointing Governor's term.
"Succeeding Governor" means the Governor in office immediately after a
Governor who appoints a late term appointee.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 420/3A‑10)
Sec. 3A‑10. Late term appointee's term of office. A late term appointee
shall serve no longer than the sixtieth day of the term of office of the
succeeding Governor.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 420/3A‑15)
Sec. 3A‑15. Vacancy created. Upon the earlier of the resignation of a
late term appointee or the conclusion of the sixtieth day of the term of
the succeeding Governor, that appointed office shall be considered vacant.
The succeeding Governor may then make an appointment to fill that vacancy,
regardless of whether the statute that creates the appointed office
provides for appointment to fill a vacancy. All other requirements of
law applicable to that appointed office shall apply to the succeeding
Governor's appointee, including but not limited to eligibility,
qualifications, and confirmation by the Senate.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 420/3A‑20)
Sec. 3A‑20. Term of appointee. The term of office of an appointee
filling a vacancy created under Section 3A‑15 shall be the term of
any appointee filling a vacancy as provided by the statute that creates the
appointed office. If the statute that creates the appointed office does not
specify the term to be served by an appointee filling a vacancy, the term of
the appointee shall be for the remainder of the term the late term appointee
would have otherwise been entitled to fill.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 420/3A‑25)
Sec. 3A‑25. Reappointment. Nothing in this Article prohibits a succeeding
Governor from reappointing an otherwise qualified late term appointee to fill
the vacancy created under Section 3A‑15.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 420/3A‑30)
Sec. 3A‑30. Disclosure.
(a) Upon appointment to a board, commission,
authority, or task force authorized or created by State law, a person must file
with the Secretary of State a disclosure of all contracts the person or his or
her spouse or immediate family members living with the person have with the
State and all contracts between the State and any entity in which the person or
his or her spouse or immediate family members living with the person have a
majority financial interest.
(b) Violation of this Section is a business offense
punishable
by a fine of $1,001.
(c) The Secretary of State must
adopt
rules for the implementation and administration of this Section.
Disclosures filed under this Section are public records.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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(5 ILCS 420/3A‑35)
Sec. 3A‑35. Conflicts of interests.
(a) In addition to the provisions of subsection (a) of Section 50‑13 of the
Illinois Procurement Code, it is unlawful for an
appointed member of a board, commission, authority, or task force authorized
or created by State law or by executive order of the Governor, the spouse of
the appointee, or an immediate family
member of the appointee living in the appointee's residence to have or acquire
a contract or have or acquire a direct pecuniary interest in a contract with
the State that relates to the board, commission, authority, or task force of
which he or she is an appointee during and for one year after the conclusion
of the person's term of office.
(b) If (i) a person subject to subsection (a) is entitled to receive more
than 7
1/2% of the total distributable income of a partnership, association,
corporation, or other business entity or (ii) a person subject to subsection
(a) together with his or her
spouse and immediate family members living in that person's residence are
entitled to receive more than 15%, in the aggregate, of the total distributable
income of a partnership, association, corporation, or other business entity
then it is unlawful for
that partnership, association, corporation, or other business entity to have or
acquire a contract or a
direct pecuniary interest in a contract prohibited by subsection (a) during
and for one year after the conclusion of the person's term of office.
(Source: P.A. 93‑615, eff. 11‑19‑03.)
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