2023 Illinois Compiled Statutes › Chapter 5 - GENERAL PROVISIONS › 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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(5 ILCS 420/3A-40)
Sec. 3A-40. Appointees with expired terms; temporary and acting appointees.
(a) A person who is nominated by the Governor on or after August 26, 2011 (the effective date of Public Act 97-582) for any affected office to which  appointment requires the advice and consent of the Senate, who is appointed pursuant to that advice and consent, and whose term of office expires on or after August 26, 2011 shall not continue in office longer than 60 calendar days after the expiration of that term of office.  After that 60th day, each such office is considered vacant and shall  be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this
Section.
A person who has been nominated by the Governor before August 26, 2011 (the effective date of Public Act 97-582) for any affected office to which appointment requires the advice and consent of the Senate, who has been appointed pursuant to that advice and consent, and whose term of office has expired shall not continue in office longer than 60 calendar days after the date upon which his or her term of office has expired.  After that 60 days, each such office is considered vacant and shall be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this Section. If the term of office of a person who is subject to this paragraph expires more than 60 calendar days prior to the effective date of this amendatory Act of the 97th General Assembly, then that office is considered vacant on the effective date of this amendatory Act of the 97th General Assembly, and that vacancy shall  be filled only pursuant to the law applicable to making appointments to that office. For the purposes of this subsection (a), "affected office" means (i) an office in which one receives any form of compensation, including salary or per diem, but not including  expense reimbursement, or (ii) membership on the board of trustees of a public university.
(b) A person who is appointed by the Governor on or after August 26, 2011 (the effective date of Public Act 97-582) to serve as a temporary appointee during  a recess of the Senate, pursuant to Article V, Section 9(b) of the Illinois Constitution or any other applicable statute, to any office to which appointment requires the advice and consent of the Senate shall not continue in office after the next meeting of the Senate unless the Governor has filed a message with the Secretary of the Senate nominating that person to fill that office on or before that meeting date. After that meeting date, each such office is considered vacant and shall  be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this
Section. Any
temporary  appointment made pursuant  to subsection (b) of  Section  9 of Article V
of the Illinois Constitution or any applicable statute shall be
filed  with  the  Secretary  of  State  and  the  Secretary  of  the
Senate. The form of the temporary appointment message  shall be
established by the Senate under its rules.
For the purposes of this subsection (b), a meeting of the Senate does not include a perfunctory session day as designated by the Senate under its rules. For the purposes of this
subsection  (b), the Senate is in recess on a day in which it is
not in session  and does not  include  a perfunctory  session  day
as designated by the Senate under its rules.
(c) A person who is designated by the Governor on or after August 26, 2011 (the effective date of Public Act 97-582) to serve as an acting   appointee to any office to which appointment requires the advice and consent of the Senate shall not continue in office more than 60 calendar days unless the Governor files a message with the Secretary of the Senate nominating that person to fill that office within that 60 days. After that 60 days, each such office is considered vacant and shall  be filled only pursuant to the law applicable to making appointments to that office, subject to the provisions of this
Section. The  Governor shall  file  with  the  Secretary  of  the Senate the name of any person who the Governor designates as an acting  appointee  under  this  Section.  The  form  of  the message designating  an appointee  as acting shall be established by the Senate  under  its  rules. No person who has been designated by the Governor to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate shall, except at the Senate's request, be designated again as an acting appointee for that office at the same session of that Senate, subject to the provisions of this Section.
During the term of a General Assembly, the Governor may not designate a person to serve as an acting appointee to any office to which appointment requires the advice and consent of the Senate if that person's nomination to serve as the appointee for the same office was rejected by the Senate of the same General Assembly.
For the purposes of this subsection (c), "acting appointee" means a person designated by the Governor to serve as an acting director or acting secretary pursuant to Section 5-605 of the Civil Administrative Code of Illinois. "Acting appointee" also means a person designated by the Governor pursuant to any other statute to serve as an acting holder of any office, to execute the duties and functions of any office, or both.
(d) The provisions of this  Section apply notwithstanding any law to the contrary. However, the provisions of this Section do not apply to appointments made under Article 1A of the Election Code or to the appointment of any person to serve as Director of the Illinois Power Agency.
(Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12; 98-692, eff. 7-1-14.)
(5 ILCS 420/3A-45)
Sec. 3A-45. Late term executive appointees.
(a) As used in this Section, "late term executive appointee" means a person who is appointed, contracted with, or employed as a director, executive director, or other similar executive management position by any public body 90 or fewer days before the end of the then-serving Governor's term, when the then-serving Governor does not succeed himself or herself as Governor. For purposes of this Section only, "public body" means a board, commission, authority, task force, or other similar group authorized or created by State law where the Governor appoints one or more members of the board, commission, authority, task force, or other similar body.
(b) A late term executive appointee shall serve no longer than the 60th day of the term of office of the succeeding Governor. A late term executive appointee may be retained by appointment, contract, or employment after the 60th day only if the public body takes official action at an open meeting of that public body which occurs after the succeeding Governor has taken office.
(Source: P.A. 99-466, eff. 8-26-15.)
(5 ILCS 420/3A-50)
Sec. 3A-50. Appointee political activity.
(a) No person who is appointed to an affected office shall: (i) serve as an officer of a candidate political committee; or (ii) be a candidate who is designated as the candidate to be supported by a candidate political committee.
(b) A person appointed to an affected office who is either an officer of a candidate political committee or a candidate who is designated as the candidate to be supported by a candidate political committee shall within 30 days after confirmation by the Senate: (i) resign as an officer of the candidate political committee; (ii) have his or her name removed as the candidate to be supported by a candidate political committee; (iii) notify the State Board of Elections of the person's intent to convert the candidate political committee to a limited activity committee under Section 9-1.8 of the Election Code and complete the transition to a limited activity committee within 60 days after confirmation; or (iv) dissolve the candidate political committee. A person appointed to an affected office who is in violation of this subsection (b) on the effective date of this amendatory Act of the 102nd General Assembly must come into compliance within 30 days after the effective date of this amendatory Act of the 102nd General Assembly.
(c) As used in this Section:
"Affected office" means any office in which the appointee receives any form of compensation, other than the reimbursement of expenses, and whose appointment requires advice and consent of the Senate.
"Candidate political committee" has the meaning given to that term in Section 9-1.8 of the Election Code in which the person subject to confirmation by the Senate is designated as the candidate to be supported by the candidate political committee under Section 9-2 of the Code.
(Source: P.A. 102-664, eff. 1-1-22.)