HB3422 102ND GENERAL ASSEMBLY

LRB102 14608 AWJ 19961 b

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.

FISCAL NOTE ACT MAY APPLY

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 changing Sections 2a and 4 as follows:

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

Sec. 2a. Township officials.

(a) 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) 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).

(c) 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. The person may only collect the salary and benefits from the office with the lowest salary of the 2 positions.

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

(50 ILCS 105/4) (from Ch. 102, par. 4)

Sec. 4. Any alderman, member of a board of trustees, supervisor or county commissioner, or other person holding any office, either by election or appointment under the laws or constitution of this state, who violates any provision of the preceding sections, is guilty of a Class 4 felony and in addition thereto, any office or official position held by any person so convicted shall become vacant, and shall be so declared as part of the judgment of court. This Section does not apply to a violation of subsection (b) or (c) of Section 2a.

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