SB0204ham002 94TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 11/2/2005

09400SB0204ham002 LRB094 05130 JAM 50110 a

AMENDMENT TO SENATE BILL 204

AMENDMENT NO. ______. Amend Senate Bill 204, AS AMENDED, 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. 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, or (iv) community college board member, 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 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.

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

Section 10. The Public Officer Simultaneous Tenure Act is amended by changing Sections 1 and 2 as follows:

(50 ILCS 110/1) (from Ch. 102, par. 4.10)

Sec. 1. Legislative findings; purpose). The General Assembly finds and declares that questions raised regarding the legality of simultaneously holding the office of county board member and township supervisor are unwarranted, and in counties of less than 100,000 population such questions regarding the legality of simultaneously holding the office of county board member and township trustee are unwarranted; that the General Assembly viewed the office of township supervisor, and in counties of less than 100,000 population the office of township trustee, and the office of county board member as compatible; and that to settle the question of legality and avoid confusion among such counties and townships as may be affected by such questions it is lawful to hold the office of county board member simultaneously with the office of township supervisor, and in counties of less than 100,000 population with the office of township trustee, in accordance with this Act.

The General Assembly finds and declares that questions raised regarding the legality of simultaneously holding the office of county board member and the office of community college board member are unwarranted; that the General Assembly views the office of community college board member and the office of county board member as compatible; and that to settle questions of legality and avoid confusion among the counties and community college districts as may be affected by those questions, it is lawful to simultaneously hold the office of county board member and the office of community college board member, in accordance with this Act.

(Source: P.A. 82-554.)

(50 ILCS 110/2) (from Ch. 102, par. 4.11)

Sec. 2. Simultaneous tenure declared to be lawful. It is lawful for any person to hold the office of county board member and township supervisor, and in counties of less than 100,000 population the office of county board member and township trustee, simultaneously. It is lawful for any person to hold the office of county board member and the office of township assessor or town clerk, simultaneously, in counties of less than 300,000 population.

It is lawful for any person to simultaneously hold the office of county board member and the office of community college board member.

(Source: P.A. 90-748, eff. 8-14-98.)

Section 99. Effective date. This Act takes effect July 1, 2006.".