102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3422

 

Introduced 2/22/2021, by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 105/2a  from Ch. 102, par. 2a
50 ILCS 105/4  from Ch. 102, par. 4

    Amends the Public Officer Prohibited Activities Act. Provides that, if a person holds both an elected county office in a county with a population of 500,000 or more and an elected township office, they are prohibited from collecting a salary and benefits from both positions and may only collect the salary and benefits from the office with the lowest salary of the 2 positions. Excludes a violation from provisions in the Act making the violation a Class 4 felony.


LRB102 14608 AWJ 19961 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3422LRB102 14608 AWJ 19961 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Officer Prohibited Activities Act is
5amended by changing Sections 2a and 4 as follows:
 
6    (50 ILCS 105/2a)  (from Ch. 102, par. 2a)
7    Sec. 2a. Township officials.
8    (a) No township supervisor or trustee, during the term of
9office for which he or she is elected, may accept, be appointed
10to, or hold any office by the appointment of the board of
11township trustees unless he or she first resigns from the
12office of supervisor or trustee or unless the appointment is
13specifically authorized by law. A supervisor or trustee may,
14however, serve as a volunteer firefighter and receive
15compensation for that service. Any appointment in violation of
16this Section is void. Nothing in this Act shall be construed to
17prohibit an elected township official from holding elected
18office in another unit of local government as long as there is
19no contractual relationship between the township and the other
20unit of local government. This amendatory Act of 1995 is
21declarative of existing law and is not a new enactment.
22    (b) On and after the effective date of this amendatory Act
23of the 100th General Assembly, a person elected to or

 

 

HB3422- 2 -LRB102 14608 AWJ 19961 b

1appointed to fill a vacancy in an elected township position,
2including, but not limited to, a trustee, a supervisor, a
3highway commissioner, a clerk, an assessor, or a collector,
4shall not be employed by the township, except that a
5supervisor or trustee may serve as a volunteer firefighter and
6receive compensation for that service as provided in
7subsection (a).
8    (c) If a person holds both an elected county office in a
9county with a population of 500,000 or more and an elected
10township office, they are prohibited from collecting a salary
11and benefits from both positions. The person may only collect
12the salary and benefits from the office with the lowest salary
13of the 2 positions.
14(Source: P.A. 100-868, eff. 1-1-19.)
 
15    (50 ILCS 105/4)  (from Ch. 102, par. 4)
16    Sec. 4. Any alderman, member of a board of trustees,
17supervisor or county commissioner, or other person holding any
18office, either by election or appointment under the laws or
19constitution of this state, who violates any provision of the
20preceding sections, is guilty of a Class 4 felony and in
21addition thereto, any office or official position held by any
22person so convicted shall become vacant, and shall be so
23declared as part of the judgment of court. This Section does
24not apply to a violation of subsection (b) or (c) of Section
252a.

 

 

HB3422- 3 -LRB102 14608 AWJ 19961 b

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