Full Text of SB3438 97th General Assembly
SB3438ham001 97TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 12/3/2012
| | 09700SB3438ham001 | | LRB097 16003 OMW 72616 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3438
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3438 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Officer Prohibited Activities Act is | 5 | | amended by changing Section 1 and by adding Section 1.4 as | 6 | | follows:
| 7 | | (50 ILCS 105/1) (from Ch. 102, par. 1)
| 8 | | Sec. 1. County board. | 9 | | (a) No member of a county board, other than a member of the | 10 | | Cook County Board, during the term of
office for which
he or | 11 | | she is elected, may be appointed to, accept, or hold any office | 12 | | other
than (i) chairman of the county board or member of the | 13 | | regional planning
commission by appointment or election of the | 14 | | board of which he or she is a
member, (ii) alderman of a city or | 15 | | member of the board of trustees of a
village or incorporated | 16 | | town if the city, village, or incorporated town has
fewer than |
| | | 09700SB3438ham001 | - 2 - | LRB097 16003 OMW 72616 a |
|
| 1 | | 1,000 inhabitants and is located in a county having fewer than
| 2 | | 50,000 inhabitants, or (iii) trustee of a forest preserve | 3 | | district created under Section 18.5 of the Conservation | 4 | | District Act, unless he or she first resigns from the office
of | 5 | | county board
member or unless the holding of another office is | 6 | | authorized by law.
Any such prohibited appointment or election | 7 | | is void. | 8 | | (b) This Section shall not
preclude a member of the county | 9 | | board from being selected or from serving as a member of a | 10 | | County
Extension
Board as provided in Section 7 of the County | 11 | | Cooperative Extension Law,
as a member of an Emergency | 12 | | Telephone System Board as provided in Section
15.4 of the | 13 | | Emergency Telephone System Act, or as appointed members of the
| 14 | | board of review as provided in Section 6-30 of the Property Tax | 15 | | Code.
| 16 | | (c) Subject to the provisions of Section 1.4, nothing | 17 | | Nothing in this Act shall be construed to prohibit an elected | 18 | | county official
from holding elected office in another unit of | 19 | | local government so long as
there is no contractual | 20 | | relationship between the county and the other unit of
local | 21 | | government. This amendatory Act of 1995 is declarative of | 22 | | existing law
and is not a new enactment.
| 23 | | (Source: P.A. 94-617, eff. 8-18-05.)
| 24 | | (50 ILCS 105/1.4 new) | 25 | | Sec. 1.4. Cook County Board elected officials; other |
| | | 09700SB3438ham001 | - 3 - | LRB097 16003 OMW 72616 a |
|
| 1 | | offices. | 2 | | (a) An elected member of the Cook County Board may serve | 3 | | as: (i) an elected mayor of a city or an elected president of | 4 | | the board of trustees of a village or incorporated town or (ii) | 5 | | an elected alderman of a city or an elected member of the board | 6 | | of trustees of a village or incorporated town, provided that | 7 | | the county board member and elected municipal officer must | 8 | | abstain from acting, voting, sponsoring, discussing, or | 9 | | participating in any way in the consideration of any specific | 10 | | contract or agreement between the county and the city, village, | 11 | | or incorporated town or in any other matter in which the | 12 | | interests of the county and the city, village, or incorporated | 13 | | town may conflict. Those county board members and municipal | 14 | | officers are not disqualified from acting on, voting on, | 15 | | sponsoring, discussing, or participating in the adoption of the | 16 | | county's or municipality's annual appropriations ordinance. | 17 | | (b) No member of the Cook County Board, during the term of
| 18 | | office for which
he or she is elected, may be appointed to, | 19 | | accept, or hold any office by appointment of the President of | 20 | | the Cook County Board, with the advice and consent of the Cook | 21 | | County Board, or by election of the Cook County Board, other | 22 | | than: (i) President of the Cook County Board, (ii) member of | 23 | | the regional planning
commission, or (iii) trustee of a forest | 24 | | preserve district created under Section 18.5 of the | 25 | | Conservation District Act, unless he or she first resigns from | 26 | | the office
of county board
member or unless the holding of |
| | | 09700SB3438ham001 | - 4 - | LRB097 16003 OMW 72616 a |
|
| 1 | | another office is otherwise authorized by law.
Any such | 2 | | prohibited appointment or election is void. | 3 | | (c) On or after the effective date of this amendatory Act | 4 | | of the 97th General Assembly, any individual who holds elected | 5 | | office in a unit of local government may not first enter into | 6 | | an additional elected office as a member of the Cook County | 7 | | Board if he or she is: (i) earning service credit under the | 8 | | Illinois Pension Code as a result of holding the first elected | 9 | | office and (ii) will earn service credit under the Illinois | 10 | | Pension Code as a result of simultaneously holding the second | 11 | | elected office. | 12 | | (d) This Section is a limitation under subsection (h) of | 13 | | Section 6 of Article VII of the Illinois Constitution on the | 14 | | exclusive exercise by home rule units of powers and functions | 15 | | exercised by the State.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
|
|