Rep. Sam Yingling
Filed: 5/6/2019
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1 | AMENDMENT TO SENATE BILL 1236
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2 | AMENDMENT NO. ______. Amend Senate Bill 1236 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Local Government Officer Compensation Act | ||||||
5 | is 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 |
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1 | effective date of this amendatory Act of the 101st General | ||||||
2 | Assembly, the elected official's salary and compensation shall | ||||||
3 | be reduced to zero at the beginning of the member's next term | ||||||
4 | if the member is still receiving such pension benefits. | ||||||
5 | Section 10. The Counties Code is amended by changing | ||||||
6 | Section 2-1003 by adding Sections 4-10005, 5-3003, and 6-31013 | ||||||
7 | as follows:
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8 | (55 ILCS 5/2-1003) (from Ch. 34, par. 2-1003)
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9 | Sec. 2-1003. Chairman and vice-chairman of county board. | ||||||
10 | The county board shall, unless the chairman is elected by the | ||||||
11 | voters of
the county, at its first meeting in the month | ||||||
12 | following the month in which
county board members are elected, | ||||||
13 | choose one of its members as chairman for
a term of 2 years and | ||||||
14 | at the same meeting, choose one of its members as
vice-chairman | ||||||
15 | for a term of 2 years. The vice-chairman shall serve in the
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16 | place of the chairman at any meeting of the county board in | ||||||
17 | which
the chairman is not present. In case of the absence of | ||||||
18 | the chairman and
the vice-chairman at any meeting, the members | ||||||
19 | present shall choose one of
their number as temporary chairman. | ||||||
20 | A chairman who is chosen by the county board may be | ||||||
21 | removed, with or without cause, upon a motion adopted by an | ||||||
22 | affirmative vote of four-fifths of the county board. Upon | ||||||
23 | adoption of a motion to remove the chairman: (i) the chairman | ||||||
24 | position becomes vacant and the former chairman's compensation |
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1 | shall be prorated to the date the motion was approved; (ii) the | ||||||
2 | vice-chairman immediately assumes the duties of chairman | ||||||
3 | without chairman compensation; and (iii) a new chairman shall | ||||||
4 | be elected at the next regularly scheduled county board | ||||||
5 | meeting. A chairman removed under this Section maintains his or | ||||||
6 | her status as a member of the county board.
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7 | (Source: P.A. 86-962.)
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8 | (55 ILCS 5/4-10005 new) | ||||||
9 | Sec. 4-10005. County board salaries. Notwithstanding | ||||||
10 | Section 4-10001, a member of a county board shall not receive | ||||||
11 | any salary or other compensation from the county if the member | ||||||
12 | is receiving pension benefits from the Illinois Municipal | ||||||
13 | Retirement Fund under Article 7 of the Illinois Pension Code | ||||||
14 | for the member's service as a county board member. If a member | ||||||
15 | of a county board is receiving benefits from the Illinois | ||||||
16 | Municipal Retirement Fund on the effective date of this | ||||||
17 | amendatory Act of the 101st General Assembly, the member's | ||||||
18 | salary and compensation shall be reduced to zero at the | ||||||
19 | beginning of the member's next term if the member is still | ||||||
20 | receiving pension benefits from the Illinois Municipal | ||||||
21 | Retirement Fund for service as a county board member. | ||||||
22 | (55 ILCS 5/5-3003 new) | ||||||
23 | Sec. 5-3003. Contracts for goods and services valued at | ||||||
24 | more than $30,000. |
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1 | (a) A vendor wishing to contract with a county for goods | ||||||
2 | and services in an amount greater than $30,000 shall disclose | ||||||
3 | to the county, prior to a county board's vote on the contract, | ||||||
4 | any familial relationship between a county elected official, | ||||||
5 | department director, deputy director and a manager, owner, | ||||||
6 | principal, or officer of the vendor's company. "Familial | ||||||
7 | relationship" means a spouse (including civil partner), child, | ||||||
8 | stepchild, parent, stepparent, grandparent, in-laws (including | ||||||
9 | parent, grandparent, sibling, or child), relatives and | ||||||
10 | non-relatives living in the same residence, and offspring born | ||||||
11 | to any previously-mentioned person. | ||||||
12 | (b) If a vendor wishing to contract has a familial | ||||||
13 | relationship disclosed under subsection (a), then the contract | ||||||
14 | can only be approved or renewed by roll call vote and not on a | ||||||
15 | consent agenda. It must be preceded by a recitation by the | ||||||
16 | chairperson, which includes the name of the elected official or | ||||||
17 | employee and the nature of the familial relationship being | ||||||
18 | disclosed. | ||||||
19 | (c) A contract subject to this Section which is not | ||||||
20 | approved as provided in this Section is void. | ||||||
21 | (55 ILCS 5/6-31013 new) | ||||||
22 | Sec. 6-31013. Transitional audits. | ||||||
23 | (a) No later than 5 days after certification of the | ||||||
24 | election results, the county clerk shall notify newly elected | ||||||
25 | countywide officials of the option for an auditor to conduct a |
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1 | transitional audit at the county's expense. An elected county | ||||||
2 | auditor shall conduct the audit upon a request of the newly | ||||||
3 | elected countywide official. In a county that does not have an | ||||||
4 | elected county auditor, the newly elected countywide official | ||||||
5 | may hire a qualified auditing firm. The county board shall pay | ||||||
6 | all costs associated with an audit. The transitional audit | ||||||
7 | shall examine funds expended by the official for whom the newly | ||||||
8 | elected official is taking over and report if the expended | ||||||
9 | funds were consistent with the county board's financial | ||||||
10 | allocations to that official. | ||||||
11 | (b) A county board shall give the option for a transitional | ||||||
12 | financial audit to all county officials elected in or after | ||||||
13 | November 2016. | ||||||
14 | (c) A home rule county shall not regulate transitional | ||||||
15 | audits in a manner inconsistent with this Section. This Section | ||||||
16 | is a limitation under subsection (i) of Section 6 of Article | ||||||
17 | VII of the Illinois Constitution on the concurrent exercise by | ||||||
18 | home rule units of powers and functions exercised by the State.
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19 | Section 15. The Downstate Forest Preserve District Act is | ||||||
20 | amended by changing Section 8 as follows:
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21 | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
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22 | Sec. 8. Powers and duties of corporate authority and | ||||||
23 | officers; contracts; salaries.
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24 | (a) The board shall be the corporate authority of such |
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1 | forest
preserve district and shall have power to pass and | ||||||
2 | enforce all necessary
ordinances, rules and regulations for the | ||||||
3 | management of the property and
conduct of the business of such | ||||||
4 | district. The president of such board
shall have power to | ||||||
5 | appoint such employees as may be necessary. In counties
with | ||||||
6 | population of less than 3,000,000, within 60 days after their | ||||||
7 | selection
the commissioners appointed under the provisions of | ||||||
8 | Section 3a of this Act
shall organize by selecting from their | ||||||
9 | members a president, vice president, secretary,
treasurer and | ||||||
10 | such other officers as are deemed necessary who shall hold
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11 | office for the fiscal year in which elected and until their | ||||||
12 | successors are
selected and qualify. In the one district in | ||||||
13 | existence on July 1, 1977, that
is managed by an appointed | ||||||
14 | board of commissioners, the incumbent president
and the other | ||||||
15 | officers appointed in the manner as originally prescribed in | ||||||
16 | this
Act shall hold such offices until the completion of their | ||||||
17 | respective terms or
in the case of the officers other than | ||||||
18 | president until their successors
are appointed by said | ||||||
19 | president, but in all cases not to extend beyond January
1, | ||||||
20 | 1980 and until their successors are selected and qualify. | ||||||
21 | Thereafter,
the officers shall be selected in the manner as | ||||||
22 | prescribed in this Section
except that their first term of | ||||||
23 | office shall not expire until June 30, 1981
and until their | ||||||
24 | successors are selected and qualify.
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25 | (a-5) An officer selected pursuant to subsection (a) may be | ||||||
26 | removed, with or without cause, upon a motion adopted by an |
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1 | affirmative vote of four-fifths of the board of the forest | ||||||
2 | preserve district. Upon adoption of a motion to remove an | ||||||
3 | officer: (i) the office becomes vacant and the former officer's | ||||||
4 | compensation shall be prorated to the date the motion was | ||||||
5 | approved; (ii) if the officer removed is the president then the | ||||||
6 | vice president immediately assumes the duties of the president | ||||||
7 | without president compensation and, if the officer removed is | ||||||
8 | the vice president, treasurer, or secretary, then the president | ||||||
9 | shall select an interim appointee who shall serve until the | ||||||
10 | next regularly scheduled forest preserve district board | ||||||
11 | meeting; and (iii) a new officer shall be selected at the next | ||||||
12 | regularly scheduled forest preserve district board meeting. An | ||||||
13 | officer removed under this Section maintains his or her status | ||||||
14 | as a member of the forest preserve district board. | ||||||
15 | (b) In any county, city, village, incorporated town or
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16 | sanitary district where the corporate authorities act as the
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17 | governing body of a forest preserve district, the person | ||||||
18 | exercising
the powers of the president of the board shall have | ||||||
19 | power to appoint a
secretary and an assistant secretary and | ||||||
20 | treasurer and an assistant
treasurer and such other officers | ||||||
21 | and such employees as may be necessary.
The assistant secretary | ||||||
22 | and assistant treasurer shall perform the duties
of the | ||||||
23 | secretary and treasurer, respectively in case of death of such | ||||||
24 | officers
or when such officers are unable to perform the duties | ||||||
25 | of their respective
offices. All contracts for supplies, | ||||||
26 | material or
work involving an expenditure in excess of $25,000, |
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1 | or a lower amount if required by board policy, shall be let to | ||||||
2 | the lowest
responsible bidder, after advertising at least once | ||||||
3 | in one or more
newspapers of general circulation within the | ||||||
4 | district, excepting work
requiring personal confidence or | ||||||
5 | necessary
supplies under the control of monopolies, where | ||||||
6 | competitive bidding is
impossible. Contracts for supplies, | ||||||
7 | material or work involving an
expenditure of $25,000, or a | ||||||
8 | lower amount if required by board policy, or less may be let | ||||||
9 | without advertising for bids,
but whenever practicable, at | ||||||
10 | least 3 competitive bids shall be obtained
before letting such | ||||||
11 | contract. All contracts for supplies, material or
work shall be | ||||||
12 | signed by the president of the board of commissioners or
by any | ||||||
13 | such other officer as the board in its discretion may | ||||||
14 | designate.
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15 | (c) The president of any board of commissioners appointed | ||||||
16 | under the
provisions of Section 3a of this Act shall receive a | ||||||
17 | salary not to
exceed the sum of $2500 per annum and the salary | ||||||
18 | of other members of the
board so appointed shall not exceed | ||||||
19 | $1500 per annum. Salaries of the
commissioners, officers and | ||||||
20 | employees shall be fixed by ordinance.
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21 | (d) Whenever a forest preserve district owns any personal | ||||||
22 | property that, in the opinion of three-fifths of the members of | ||||||
23 | the board of commissioners, is no longer necessary, useful to, | ||||||
24 | or for the best interests of the forest preserve district, then | ||||||
25 | three-fifths of the members of the board, at any regular | ||||||
26 | meeting or any special meeting called for that purpose by an |
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1 | ordinance or resolution that includes a general description of | ||||||
2 | the personal property, may authorize the conveyance or sale of | ||||||
3 | that personal property in any manner that they may designate, | ||||||
4 | with or without advertising the sale. | ||||||
5 | (Source: P.A. 98-463, eff. 8-16-13; 99-771, eff. 8-12-16.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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