SB2183 103RD GENERAL ASSEMBLY

LRB103 30596 AMC 57036 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2183

Introduced 2/10/2023, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

50 ILCS 105/1	from Ch. 102, par. 1
50 ILCS 105/1.4 new
50 ILCS 105/2	from Ch. 102, par. 2
50 ILCS 105/2a	from Ch. 102, par. 2a

Amends the Public Officer Prohibited Activities Act. Provides that a resident of a county having fewer than 50,000 inhabitants is not prohibited from serving simultaneously on the governing bodies of more than one State or local governmental unit. Makes conforming changes.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Officer Prohibited Activities Act is amended by by changing Sections 1, 2, and 2a and by adding Section 1.4 as follows:

(50 ILCS 105/1) (from Ch. 102, par. 1)

Sec. 1. County board. Except as provided in Section 1.4, no No member of a county board, during the term of office for which he or she is elected, may be appointed to, accept, or hold any office other than (i) chairman of the county board or member of the regional planning commission by appointment or election of the board of which he or she is a member or , (ii) alderperson of a city or member of the board of trustees of a village or incorporated town if the city, village, or incorporated town has fewer than 1,000 inhabitants and is located in a county having fewer than 50,000 inhabitants, or (iii) trustee of a forest preserve district created under Section 18.5 of the Conservation District Act, unless he or she first resigns from the office of county board member or unless the holding of another office is authorized by law. Any such prohibited appointment or election is void. This Section shall not preclude a member of the county board from being appointed or selected to serve as (i) a member of a County Extension Board as provided in Section 7 of the County Cooperative Extension Law, (ii) a member of an Emergency Telephone System Board as provided in Section 15.4 of the Emergency Telephone System Act, (iii) a member of the board of review as provided in Section 6-30 of the Property Tax Code, or (iv) a public administrator or public guardian as provided in Section 13-1 of the Probate Act of 1975. Nothing in this Act shall be construed to prohibit an elected county official from holding elected office in another unit of local government so long as there is no contractual relationship between the county and the other unit of local government. This amendatory Act of 1995 is declarative of existing law and is not a new enactment.

(Source: P.A. 102-15, eff. 6-17-21.)

(50 ILCS 105/1.4 new)

Sec. 1.4. Simultaneous service. Notwithstanding any other provision of law, a resident of a county having fewer than 50,000 inhabitants is not prohibited from serving simultaneously on the governing bodies of more than one State or local governmental unit.

(50 ILCS 105/2) (from Ch. 102, par. 2)

Sec. 2. Except as provided in Section 1.4, no No alderperson of any city, or member of the board of trustees of any village, during the term of office for which he or she is elected, may accept, be appointed to, or hold any office by the appointment of the mayor or president of the board of trustees, unless the alderperson or board member is granted a leave of absence from such office, or unless he or she first resigns from the office of alderperson or member of the board of trustees, or unless the holding of another office is authorized by law. The alderperson or board member may, however, serve as a volunteer fireman and receive compensation for that service. The alderperson may also serve as a commissioner of the Beardstown Regional Flood Prevention District board. Any appointment in violation of this Section is void. Nothing in this Act shall be construed to prohibit an elected municipal official from holding elected office in another unit of local government as long as there is no contractual relationship between the municipality and the other unit of local government. This amendatory Act of 1995 is declarative of existing law and is not a new enactment.

(Source: P.A. 102-15, eff. 6-17-21.)

(50 ILCS 105/2a) (from Ch. 102, par. 2a)

Sec. 2a. Township officials.

(a) Except as provided in Section 1.4, no No township supervisor or trustee, during the term of office for which he or she is elected, may accept, be appointed to, or hold any office by the appointment of the board of township trustees unless he or she first resigns from the office of supervisor or trustee or unless the appointment is specifically authorized by law. A supervisor or trustee may, however, serve as a volunteer firefighter and receive compensation for that service. Any appointment in violation of this Section is void. Nothing in this Act shall be construed to prohibit an elected township official from holding elected office in another unit of local government as long as there is no contractual relationship between the township and the other unit of local government. This amendatory Act of 1995 is declarative of existing law and is not a new enactment.

(b) Except as provided in Section 1.4, On and after the effective date of this amendatory Act of the 100th General Assembly, a person elected to or appointed to fill a vacancy in an elected township position, including, but not limited to, a trustee, a supervisor, a highway commissioner, a clerk, an assessor, or a collector, shall not be employed by the township, except that a supervisor or trustee may serve as a volunteer firefighter and receive compensation for that service as provided in subsection (a).

(Source: P.A. 100-868, eff. 1-1-19.)