Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0295 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0295 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 5 ILCS 420/3A-40 Amends the Illinois Governmental Ethics Act. Provides that, for purposes of determining the partisanship of any person who is appointed by the Governor to an office that either requires specific partisanship or limits the number of appointees from a single political party that may be appointed, the vote of that person in the 3 general primary elections immediately preceding the effective date of the appointment shall determine his or her partisanship for that person's term of office. Provides that a person who did not vote, or who voted but did not request a partisan ballot, in the 3 general primary elections immediately preceding the effective date of the appointment or who voted but requested partisan ballots for 2 or more different political parties in the 3 general primary elections immediately preceding the effective date of the appointment shall be deemed an independent for purposes of determining partisanship for that person's term of office. LRB104 04087 BDA 14111 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0295 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 5 ILCS 420/3A-40 5 ILCS 420/3A-40 Amends the Illinois Governmental Ethics Act. Provides that, for purposes of determining the partisanship of any person who is appointed by the Governor to an office that either requires specific partisanship or limits the number of appointees from a single political party that may be appointed, the vote of that person in the 3 general primary elections immediately preceding the effective date of the appointment shall determine his or her partisanship for that person's term of office. Provides that a person who did not vote, or who voted but did not request a partisan ballot, in the 3 general primary elections immediately preceding the effective date of the appointment or who voted but requested partisan ballots for 2 or more different political parties in the 3 general primary elections immediately preceding the effective date of the appointment shall be deemed an independent for purposes of determining partisanship for that person's term of office. LRB104 04087 BDA 14111 b LRB104 04087 BDA 14111 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0295 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 420/3A-40 5 ILCS 420/3A-40
4	4	5 ILCS 420/3A-40
5	5	Amends the Illinois Governmental Ethics Act. Provides that, for purposes of determining the partisanship of any person who is appointed by the Governor to an office that either requires specific partisanship or limits the number of appointees from a single political party that may be appointed, the vote of that person in the 3 general primary elections immediately preceding the effective date of the appointment shall determine his or her partisanship for that person's term of office. Provides that a person who did not vote, or who voted but did not request a partisan ballot, in the 3 general primary elections immediately preceding the effective date of the appointment or who voted but requested partisan ballots for 2 or more different political parties in the 3 general primary elections immediately preceding the effective date of the appointment shall be deemed an independent for purposes of determining partisanship for that person's term of office.
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11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Governmental Ethics Act is amended
15	15	5 by changing Section 3A-40 as follows:
16	16	6 (5 ILCS 420/3A-40)
17	17	7 Sec. 3A-40. Appointees with expired terms; temporary and
18	18	8 acting appointees.
19	19	9 (a) A person who is nominated by the Governor on or after
20	20	10 August 26, 2011 (the effective date of Public Act 97-582) for
21	21	11 any affected office to which appointment requires the advice
22	22	12 and consent of the Senate, who is appointed pursuant to that
23	23	13 advice and consent, and whose term of office expires on or
24	24	14 after August 26, 2011 shall not continue in office longer than
25	25	15 60 calendar days after the expiration of that term of office.
26	26	16 After that 60th day, each such office is considered vacant and
27	27	17 shall be filled only pursuant to the law applicable to making
28	28	18 appointments to that office, subject to the provisions of this
29	29	19 Section.
30	30	20 A person who has been nominated by the Governor before
31	31	21 August 26, 2011 (the effective date of Public Act 97-582) for
32	32	22 any affected office to which appointment requires the advice
33	33	23 and consent of the Senate, who has been appointed pursuant to
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0295 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 420/3A-40 5 ILCS 420/3A-40
39	39	5 ILCS 420/3A-40
40	40	Amends the Illinois Governmental Ethics Act. Provides that, for purposes of determining the partisanship of any person who is appointed by the Governor to an office that either requires specific partisanship or limits the number of appointees from a single political party that may be appointed, the vote of that person in the 3 general primary elections immediately preceding the effective date of the appointment shall determine his or her partisanship for that person's term of office. Provides that a person who did not vote, or who voted but did not request a partisan ballot, in the 3 general primary elections immediately preceding the effective date of the appointment or who voted but requested partisan ballots for 2 or more different political parties in the 3 general primary elections immediately preceding the effective date of the appointment shall be deemed an independent for purposes of determining partisanship for that person's term of office.
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49	49	5 ILCS 420/3A-40
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68	68	1 that advice and consent, and whose term of office has expired
69	69	2 shall not continue in office longer than 60 calendar days
70	70	3 after the date upon which his or her term of office has
71	71	4 expired. After that 60 days, each such office is considered
72	72	5 vacant and shall be filled only pursuant to the law applicable
73	73	6 to making appointments to that office, subject to the
74	74	7 provisions of this Section. If the term of office of a person
75	75	8 who is subject to this paragraph expires more than 60 calendar
76	76	9 days prior to the effective date of this amendatory Act of the
77	77	10 97th General Assembly, then that office is considered vacant
78	78	11 on the effective date of this amendatory Act of the 97th
79	79	12 General Assembly, and that vacancy shall be filled only
80	80	13 pursuant to the law applicable to making appointments to that
81	81	14 office. For the purposes of this subsection (a), "affected
82	82	15 office" means (i) an office in which one receives any form of
83	83	16 compensation, including salary or per diem, but not including
84	84	17 expense reimbursement, or (ii) membership on the board of
85	85	18 trustees of a public university.
86	86	19 (b) A person who is appointed by the Governor on or after
87	87	20 August 26, 2011 (the effective date of Public Act 97-582) to
88	88	21 serve as a temporary appointee during a recess of the Senate,
89	89	22 pursuant to Article V, Section 9(b) of the Illinois
90	90	23 Constitution or any other applicable statute, to any office to
91	91	24 which appointment requires the advice and consent of the
92	92	25 Senate shall not continue in office after the next meeting of
93	93	26 the Senate unless the Governor has filed a message with the
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104	104	1 Secretary of the Senate nominating that person to fill that
105	105	2 office on or before that meeting date. After that meeting
106	106	3 date, each such office is considered vacant and shall be
107	107	4 filled only pursuant to the law applicable to making
108	108	5 appointments to that office, subject to the provisions of this
109	109	6 Section. Any temporary appointment made pursuant to subsection
110	110	7 (b) of Section 9 of Article V of the Illinois Constitution or
111	111	8 any applicable statute shall be filed with the Secretary of
112	112	9 State and the Secretary of the Senate. The form of the
113	113	10 temporary appointment message shall be established by the
114	114	11 Senate under its rules.
115	115	12 For the purposes of this subsection (b), a meeting of the
116	116	13 Senate does not include a perfunctory session day as
117	117	14 designated by the Senate under its rules. For the purposes of
118	118	15 this subsection (b), the Senate is in recess on a day in which
119	119	16 it is not in session and does not include a perfunctory session
120	120	17 day as designated by the Senate under its rules.
121	121	18 (c) A person who is designated by the Governor on or after
122	122	19 August 26, 2011 (the effective date of Public Act 97-582) to
123	123	20 serve as an acting appointee to any office to which
124	124	21 appointment requires the advice and consent of the Senate
125	125	22 shall not continue in office more than 60 calendar days unless
126	126	23 the Governor files a message with the Secretary of the Senate
127	127	24 nominating that person to fill that office within that 60
128	128	25 days. After that 60 days, each such office is considered
129	129	26 vacant and shall be filled only pursuant to the law applicable
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140	140	1 to making appointments to that office, subject to the
141	141	2 provisions of this Section. The Governor shall file with the
142	142	3 Secretary of the Senate the name of any person who the Governor
143	143	4 designates as an acting appointee under this Section. The form
144	144	5 of the message designating an appointee as acting shall be
145	145	6 established by the Senate under its rules. No person who has
146	146	7 been designated by the Governor to serve as an acting
147	147	8 appointee to any office to which appointment requires the
148	148	9 advice and consent of the Senate shall, except at the Senate's
149	149	10 request, be designated again as an acting appointee for that
150	150	11 office at the same session of that Senate, subject to the
151	151	12 provisions of this Section.
152	152	13 During the term of a General Assembly, the Governor may
153	153	14 not designate a person to serve as an acting appointee to any
154	154	15 office to which appointment requires the advice and consent of
155	155	16 the Senate if that person's nomination to serve as the
156	156	17 appointee for the same office was rejected by the Senate of the
157	157	18 same General Assembly.
158	158	19 For the purposes of this subsection (c), "acting
159	159	20 appointee" means a person designated by the Governor to serve
160	160	21 as an acting director or acting secretary pursuant to Section
161	161	22 5-605 of the Civil Administrative Code of Illinois. "Acting
162	162	23 appointee" also means a person designated by the Governor
163	163	24 pursuant to any other statute to serve as an acting holder of
164	164	25 any office, to execute the duties and functions of any office,
165	165	26 or both.
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176	176	1 (d) The provisions of this Section apply notwithstanding
177	177	2 any law to the contrary. However, the provisions of this
178	178	3 Section do not apply to appointments made under Article 1A of
179	179	4 the Election Code or to the appointment of any person to serve
180	180	5 as Director of the Illinois Power Agency.
181	181	6 (e) Except as otherwise provided by law, for purposes of
182	182	7 determining the partisanship of any person who is appointed by
183	183	8 the Governor to an office that either requires specific
184	184	9 partisanship or limits the number of appointees from a single
185	185	10 political party that may be appointed, the vote of that person
186	186	11 in the 3 general primary elections immediately preceding the
187	187	12 effective date of the appointment shall determine that
188	188	13 person's partisanship for his or her term of office. A person
189	189	14 who did not vote, or who voted but did not request a partisan
190	190	15 ballot, in the 3 general primary elections immediately
191	191	16 preceding the effective date of the appointment or who voted
192	192	17 but requested partisan ballots for 2 or more different
193	193	18 political parties in the 3 general primary elections
194	194	19 immediately preceding the effective date of the appointment
195	195	20 shall be deemed an independent for purposes of determining
196	196	21 partisanship for that person's term of office. After being
197	197	22 appointed to an office, no person shall be disqualified from
198	198	23 continuing in that office during the term for which that
199	199	24 person was appointed, or for holding over thereafter, based on
200	200	25 that person's voting in a general primary election after his
201	201	26 or her appointment.
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