Full Text of HB5078 97th General Assembly
HB5078sam002 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/1/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5078
| 2 | | AMENDMENT NO. ______. Amend House Bill 5078 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Officer Prohibited Activities Act is | 5 | | amended by changing Section 1 as follows:
| 6 | | (50 ILCS 105/1) (from Ch. 102, par. 1)
| 7 | | Sec. 1. County board. An elected county official may not | 8 | | hold elected office in another unit of local government, if | 9 | | there is a disqualifying contractual relationship between the | 10 | | county and the other unit of local government. A disqualifying | 11 | | contractual relationship is a contractual relationship that is | 12 | | not available to other units of local government in that | 13 | | county. A general contractual relationship that is available to | 14 | | other units of local government in that county, including but | 15 | | not limited to contracts involving Homeland Security programs, | 16 | | emergency management and assistance, storm water management |
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| 1 | | and assistance, environmental protection or enhancement, | 2 | | energy conservation programs, mutual aid agreements regarding | 3 | | crime prevention or law enforcement activities, or any grants | 4 | | that are administered by a county or unit of local government | 5 | | funded by either the federal or State government, is not a | 6 | | disqualifying contractual relationship. No member of a county | 7 | | board, during the term of
office for which
he or she is | 8 | | elected, may be appointed to, accept, or hold any office other
| 9 | | than (i) chairman of the county board or member of the regional | 10 | | planning
commission by appointment or election of the board of | 11 | | which he or she is a
member, (ii) alderman of a city or member | 12 | | of the board of trustees of a
village or incorporated town if | 13 | | the city, village, or incorporated town has
fewer than 1,000 | 14 | | inhabitants and is located in a county having fewer than
50,000 | 15 | | inhabitants, or (iii) trustee of a forest preserve district | 16 | | created under Section 18.5 of the Conservation District Act, | 17 | | unless he or she first resigns from the office
of county board
| 18 | | member or unless the holding of another office is authorized by | 19 | | law.
Any such prohibited appointment or election is void. This | 20 | | Section shall not
preclude a member of the county board from | 21 | | being selected or from serving as a member of a County
| 22 | | Extension
Board as provided in Section 7 of the County | 23 | | Cooperative Extension Law,
as a member of an Emergency | 24 | | Telephone System Board as provided in Section
15.4 of the | 25 | | Emergency Telephone System Act, or as appointed members of the
| 26 | | board of review as provided in Section 6-30 of the Property Tax |
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| 1 | | Code.
Nothing in this Act shall be construed to prohibit an | 2 | | elected county official
from holding elected office in another | 3 | | unit of local government unless there is a disqualifying so | 4 | | long as
there is no contractual relationship between the county | 5 | | and the other unit of
local government. This amendatory Act of | 6 | | 1995 is declarative of existing law
and is not a new enactment.
| 7 | | On or after the effective date of this amendatory Act of | 8 | | the 97th General Assembly, any individual who holds elected | 9 | | office in a unit of local government may not enter into an | 10 | | additional elected office in another unit of local government | 11 | | if he or she is: (i) earning service credit under the Illinois | 12 | | Pension Code as a result of holding the first elected office | 13 | | and (ii) will earn service credit under the Illinois Pension | 14 | | Code as a result of simultaneously holding the second elected | 15 | | office. | 16 | | (Source: P.A. 94-617, eff. 8-18-05.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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