HB5078sam002 97TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/1/2012

09700HB5078sam002 LRB097 16349 JWD 69094 a

AMENDMENT TO HOUSE BILL 5078

AMENDMENT NO. ______. Amend House Bill 5078 by replacing everything after the enacting clause with the following:

"Section 5. The Public Officer Prohibited Activities Act is amended by changing Section 1 as follows:

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

Sec. 1. County board. An elected county official may not hold elected office in another unit of local government, if there is a disqualifying contractual relationship between the county and the other unit of local government. A disqualifying contractual relationship is a contractual relationship that is not available to other units of local government in that county. A general contractual relationship that is available to other units of local government in that county, including but not limited to contracts involving Homeland Security programs, emergency management and assistance, storm water management and assistance, environmental protection or enhancement, energy conservation programs, mutual aid agreements regarding crime prevention or law enforcement activities, or any grants that are administered by a county or unit of local government funded by either the federal or State government, is not a disqualifying contractual relationship. 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, (ii) alderman 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 selected or from serving as a member of a County Extension Board as provided in Section 7 of the County Cooperative Extension Law, as a member of an Emergency Telephone System Board as provided in Section 15.4 of the Emergency Telephone System Act, or as appointed members of the board of review as provided in Section 6-30 of the Property Tax Code. Nothing in this Act shall be construed to prohibit an elected county official from holding elected office in another unit of local government unless there is a disqualifying 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.

On or after the effective date of this amendatory Act of the 97th General Assembly, any individual who holds elected office in a unit of local government may not enter into an additional elected office in another unit of local government if he or she is: (i) earning service credit under the Illinois Pension Code as a result of holding the first elected office and (ii) will earn service credit under the Illinois Pension Code as a result of simultaneously holding the second elected office.

(Source: P.A. 94-617, eff. 8-18-05.)

Section 99. Effective date. This Act takes effect upon becoming law.".