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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Local Government Officer Compensation Act is | ||||||
5 | amended by adding Section 25 as follows: | ||||||
6 | (50 ILCS 145/25 new) | ||||||
7 | Sec. 25. Elected official salary. Notwithstanding the | ||||||
8 | provision of any other law to the contrary, an elected officer | ||||||
9 | of a unit of local government that is a participating employer | ||||||
10 | under the Illinois Municipal Retirement Fund shall not receive | ||||||
11 | any salary or other compensation from the unit of local | ||||||
12 | government if the member is receiving pension benefits from the | ||||||
13 | Illinois Municipal Retirement Fund under Article 7 of the | ||||||
14 | Illinois Pension Code for the elected official's service in | ||||||
15 | that same elected position. If an elected officer is receiving | ||||||
16 | benefits from the Illinois Municipal Retirement Fund on the | ||||||
17 | effective date of this amendatory Act of the 101st General | ||||||
18 | Assembly, the elected official's salary and compensation shall | ||||||
19 | be reduced to zero at the beginning of the member's next term | ||||||
20 | if the member is still receiving such pension benefits. | ||||||
21 | Section 10. The Counties Code is amended by changing | ||||||
22 | Section 2-1003 and by adding Sections 4-10005, 5-3003, and |
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1 | 6-31013 as follows:
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2 | (55 ILCS 5/2-1003) (from Ch. 34, par. 2-1003)
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3 | Sec. 2-1003. Chairman and vice-chairman of county board. | ||||||
4 | The county board shall, unless the chairman is elected by the | ||||||
5 | voters of
the county, at its first meeting in the month | ||||||
6 | following the month in which
county board members are elected, | ||||||
7 | choose one of its members as chairman for
a term of 2 years and | ||||||
8 | at the same meeting, choose one of its members as
vice-chairman | ||||||
9 | for a term of 2 years. The vice-chairman shall serve in the
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10 | place of the chairman at any meeting of the county board in | ||||||
11 | which
the chairman is not present. In case of the absence of | ||||||
12 | the chairman and
the vice-chairman at any meeting, the members | ||||||
13 | present shall choose one of
their number as temporary chairman. | ||||||
14 | A chairman who is chosen by the county board may be | ||||||
15 | removed, with or without cause, upon a motion adopted by an | ||||||
16 | affirmative vote of four-fifths of the county board. Upon | ||||||
17 | adoption of a motion to remove the chairman: (i) the chairman | ||||||
18 | position becomes vacant and the former chairman's compensation | ||||||
19 | shall be prorated to the date the motion was approved; (ii) the | ||||||
20 | vice-chairman immediately assumes the duties of chairman | ||||||
21 | without chairman compensation; and (iii) a new chairman shall | ||||||
22 | be elected at the next regularly scheduled county board | ||||||
23 | meeting. A chairman removed under this Section maintains his or | ||||||
24 | her status as a member of the county board.
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25 | (Source: P.A. 86-962.)
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1 | (55 ILCS 5/4-10005 new) | ||||||
2 | Sec. 4-10005. County board salaries. | ||||||
3 | (a) Notwithstanding Section 4-10001, a member of a county | ||||||
4 | board shall not receive any salary or other compensation from | ||||||
5 | the county if the member is receiving pension benefits from the | ||||||
6 | Illinois Municipal Retirement Fund under Article 7 of the | ||||||
7 | Illinois Pension Code for the member's service as a county | ||||||
8 | board member. If a member of a county board is receiving | ||||||
9 | benefits from the Illinois Municipal Retirement Fund on the | ||||||
10 | effective date of this amendatory Act of the 101st General | ||||||
11 | Assembly, the member's salary and compensation shall be reduced | ||||||
12 | to zero at the beginning of the member's next term if the | ||||||
13 | member is still receiving pension benefits from the Illinois | ||||||
14 | Municipal Retirement Fund for service as a county board member. | ||||||
15 | (b) This Section does not apply to a county that has | ||||||
16 | adopted an ordinance or resolution effective prior to January | ||||||
17 | 1, 2019 that reduces compensation of elected county officials | ||||||
18 | who are receiving pension benefits from the Illinois Municipal | ||||||
19 | Retirement Fund under Article 7 of the Illinois Pension Code | ||||||
20 | for their service as elected officials of that county to an | ||||||
21 | amount less than other elected county officials who are not | ||||||
22 | receiving such pension benefits for their service as elected | ||||||
23 | officials. | ||||||
24 | (55 ILCS 5/5-3003 new) |
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1 | Sec. 5-3003. Contracts for goods and services valued at | ||||||
2 | more than $30,000. | ||||||
3 | (a) As used in this Section, "familial relationship" means | ||||||
4 | an individual's father, mother, son, daughter, brother, | ||||||
5 | sister, uncle, aunt, great aunt, great uncle, first cousin, | ||||||
6 | nephew, niece, husband, wife, grandfather, grandmother, | ||||||
7 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
8 | son-in-law, daughter-in-law, brother-in-law, sister-in-law, | ||||||
9 | stepfather, stepmother, stepson, stepdaughter, stepbrother, | ||||||
10 | stepsister, half-brother, half-sister, and the father, mother, | ||||||
11 | grandfather, or grandmother of the individual's spouse and the | ||||||
12 | individual's fiance or fiancee. | ||||||
13 | (b) A county may deny, suspend, or terminate the | ||||||
14 | eligibility of a person, firm, corporation, association, | ||||||
15 | agency, institution, or other legal entity to participate as a | ||||||
16 | vendor of goods or services to the county if the vendor, for | ||||||
17 | contracts greater than $30,000, fails to disclose to the county | ||||||
18 | a familial relationship between a county elected official or | ||||||
19 | county department director and any of the following individuals | ||||||
20 | who have the authority to act on behalf of and with the power | ||||||
21 | to bind the respective person, firm, corporation, association, | ||||||
22 | agency, institution, or other legal entity: a corporate | ||||||
23 | officer; a member of the corporate board of directors; a | ||||||
24 | limited liability company manager; a member with management | ||||||
25 | authority of a limited liability company; or a partner of a | ||||||
26 | partnership. |
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1 | (c) If a person, firm, corporation, association, agency, | ||||||
2 | institution, or other legal entity seeking to contract with the | ||||||
3 | county has a familial relationship required to be disclosed | ||||||
4 | under subsection (b), then the contract may be approved or | ||||||
5 | renewed by roll call vote of the county board following a | ||||||
6 | recitation of the name of the county official and the nature of | ||||||
7 | the familial relationship being disclosed. | ||||||
8 | (55 ILCS 5/6-31013 new) | ||||||
9 | Sec. 6-31013. Transitional audits. | ||||||
10 | (a) No later than 10 days after certification of the | ||||||
11 | election results, the county board chairperson, county board | ||||||
12 | president, or county executive shall notify newly elected | ||||||
13 | countywide officials of the option for an auditor to conduct a | ||||||
14 | transitional audit at the county's expense. An elected county | ||||||
15 | auditor shall conduct the audit upon a request of the newly | ||||||
16 | elected countywide official. In a county that does not have an | ||||||
17 | elected county auditor, the newly elected countywide official | ||||||
18 | may hire a qualified auditing firm. The county board shall pay | ||||||
19 | all costs associated with an audit. The transitional audit | ||||||
20 | shall examine funds expended by the official for whom the newly | ||||||
21 | elected official is taking over and report if the expended | ||||||
22 | funds were consistent with the county board's financial | ||||||
23 | allocations to that official. | ||||||
24 | (b) A county board shall give the option for a transitional | ||||||
25 | financial audit to all county officials elected in or after |
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1 | November 2016. | ||||||
2 | (c) A home rule county shall not regulate transitional | ||||||
3 | audits in a manner inconsistent with this Section. This Section | ||||||
4 | is a limitation under subsection (i) of Section 6 of Article | ||||||
5 | VII of the Illinois Constitution on the concurrent exercise by | ||||||
6 | home rule units of powers and functions exercised by the State.
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7 | Section 15. The Downstate Forest Preserve District Act is | ||||||
8 | amended by changing Section 8 as follows:
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9 | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
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10 | Sec. 8. Powers and duties of corporate authority and | ||||||
11 | officers; contracts; salaries.
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12 | (a) The board shall be the corporate authority of such | ||||||
13 | forest
preserve district and shall have power to pass and | ||||||
14 | enforce all necessary
ordinances, rules and regulations for the | ||||||
15 | management of the property and
conduct of the business of such | ||||||
16 | district. The president of such board
shall have power to | ||||||
17 | appoint such employees as may be necessary. In counties
with | ||||||
18 | population of less than 3,000,000, within 60 days after their | ||||||
19 | selection
the commissioners appointed under the provisions of | ||||||
20 | Section 3a of this Act
shall organize by selecting from their | ||||||
21 | members a president, vice president, secretary,
treasurer and | ||||||
22 | such other officers as are deemed necessary who shall hold
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23 | office for the fiscal year in which elected and until their | ||||||
24 | successors are
selected and qualify. In the one district in |
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1 | existence on July 1, 1977, that
is managed by an appointed | ||||||
2 | board of commissioners, the incumbent president
and the other | ||||||
3 | officers appointed in the manner as originally prescribed in | ||||||
4 | this
Act shall hold such offices until the completion of their | ||||||
5 | respective terms or
in the case of the officers other than | ||||||
6 | president until their successors
are appointed by said | ||||||
7 | president, but in all cases not to extend beyond January
1, | ||||||
8 | 1980 and until their successors are selected and qualify. | ||||||
9 | Thereafter,
the officers shall be selected in the manner as | ||||||
10 | prescribed in this Section
except that their first term of | ||||||
11 | office shall not expire until June 30, 1981
and until their | ||||||
12 | successors are selected and qualify.
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13 | (a-5) An officer selected pursuant to subsection (a) may be | ||||||
14 | removed, with or without cause, upon a motion adopted by an | ||||||
15 | affirmative vote of four-fifths of the board of the forest | ||||||
16 | preserve district. Upon adoption of a motion to remove an | ||||||
17 | officer: (i) the office becomes vacant and the former officer's | ||||||
18 | compensation shall be prorated to the date the motion was | ||||||
19 | approved; (ii) if the officer removed is the president then the | ||||||
20 | vice president immediately assumes the duties of the president | ||||||
21 | without president compensation and, if the officer removed is | ||||||
22 | the vice president, treasurer, or secretary, then the president | ||||||
23 | shall select an interim appointee who shall serve until the | ||||||
24 | next regularly scheduled forest preserve district board | ||||||
25 | meeting; and (iii) a new officer shall be selected at the next | ||||||
26 | regularly scheduled forest preserve district board meeting. An |
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1 | officer removed under this Section maintains his or her status | ||||||
2 | as a member of the forest preserve district board. | ||||||
3 | (b) In any county, city, village, incorporated town or
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4 | sanitary district where the corporate authorities act as the
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5 | governing body of a forest preserve district, the person | ||||||
6 | exercising
the powers of the president of the board shall have | ||||||
7 | power to appoint a
secretary and an assistant secretary and | ||||||
8 | treasurer and an assistant
treasurer and such other officers | ||||||
9 | and such employees as may be necessary.
The assistant secretary | ||||||
10 | and assistant treasurer shall perform the duties
of the | ||||||
11 | secretary and treasurer, respectively in case of death of such | ||||||
12 | officers
or when such officers are unable to perform the duties | ||||||
13 | of their respective
offices. All contracts for supplies, | ||||||
14 | material or
work involving an expenditure in excess of $25,000, | ||||||
15 | or a lower amount if required by board policy, shall be let to | ||||||
16 | the lowest
responsible bidder, after advertising at least once | ||||||
17 | in one or more
newspapers of general circulation within the | ||||||
18 | district, excepting work
requiring personal confidence or | ||||||
19 | necessary
supplies under the control of monopolies, where | ||||||
20 | competitive bidding is
impossible. Contracts for supplies, | ||||||
21 | material or work involving an
expenditure of $25,000, or a | ||||||
22 | lower amount if required by board policy, or less may be let | ||||||
23 | without advertising for bids,
but whenever practicable, at | ||||||
24 | least 3 competitive bids shall be obtained
before letting such | ||||||
25 | contract. All contracts for supplies, material or
work shall be | ||||||
26 | signed by the president of the board of commissioners or
by any |
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1 | such other officer as the board in its discretion may | ||||||
2 | designate.
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3 | (c) The president of any board of commissioners appointed | ||||||
4 | under the
provisions of Section 3a of this Act shall receive a | ||||||
5 | salary not to
exceed the sum of $2500 per annum and the salary | ||||||
6 | of other members of the
board so appointed shall not exceed | ||||||
7 | $1500 per annum. Salaries of the
commissioners, officers and | ||||||
8 | employees shall be fixed by ordinance.
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9 | (d) Whenever a forest preserve district owns any personal | ||||||
10 | property that, in the opinion of three-fifths of the members of | ||||||
11 | the board of commissioners, is no longer necessary, useful to, | ||||||
12 | or for the best interests of the forest preserve district, then | ||||||
13 | three-fifths of the members of the board, at any regular | ||||||
14 | meeting or any special meeting called for that purpose by an | ||||||
15 | ordinance or resolution that includes a general description of | ||||||
16 | the personal property, may authorize the conveyance or sale of | ||||||
17 | that personal property in any manner that they may designate, | ||||||
18 | with or without advertising the sale. | ||||||
19 | (Source: P.A. 98-463, eff. 8-16-13; 99-771, eff. 8-12-16.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law. |