Full Text of SB0543 97th General Assembly
SB0543sam001 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/6/2011
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| 1 | | AMENDMENT TO SENATE BILL 543
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 543 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 and adding Section 4.7 as | 6 | | follows:
| 7 | | (50 ILCS 105/1) (from Ch. 102, par. 1)
| 8 | | Sec. 1. County board. No member of a county board, during | 9 | | the term of
office for which
he or she is elected, may be | 10 | | appointed to, accept, or hold any office other
than (i) | 11 | | chairman of the county board or member of the regional planning
| 12 | | commission by appointment or election of the board of which he | 13 | | or she is a
member or (ii) , (ii) alderman of a city or member | 14 | | of the board of trustees of a
village or incorporated town if | 15 | | the city, village, or incorporated town has
fewer than 1,000 | 16 | | inhabitants and is located in a county having fewer than
50,000 |
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| 1 | | inhabitants, or (iii) trustee of a forest preserve district | 2 | | created under Section 18.5 of the Conservation District Act, | 3 | | unless he or she first resigns from the office
of county board
| 4 | | member or unless the holding of another office is authorized by | 5 | | law.
Any such prohibited appointment or election is void. This | 6 | | Section shall not
preclude a member of the county board from | 7 | | being selected or from serving as a member of a County
| 8 | | Extension
Board as provided in Section 7 of the County | 9 | | Cooperative Extension Law,
as a member of an Emergency | 10 | | Telephone System Board as provided in Section
15.4 of the | 11 | | Emergency Telephone System Act, or as appointed members of the
| 12 | | board of review as provided in Section 6-30 of the Property Tax | 13 | | Code.
Nothing in this Act shall be construed to prohibit an | 14 | | elected county official
from holding elected office in another | 15 | | unit of local government so long as
there is no contractual | 16 | | relationship between the county and the other unit of
local | 17 | | government. This amendatory Act of 1995 is declarative of | 18 | | existing law
and is not a new enactment.
| 19 | | (Source: P.A. 94-617, eff. 8-18-05.)
| 20 | | (50 ILCS 105/4.7 new) | 21 | | Sec. 4.7. Conflicts with the Public Officer Simultaneous | 22 | | Tenure Act. If there is a conflict between the provisions of | 23 | | this Act and the provisions of the Public Officer Simultaneous | 24 | | Tenure Act, then the provisions of the Public Officer | 25 | | Simultaneous Tenure Act shall control. |
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| 1 | | Section 10. The Public Officer Simultaneous Tenure Act is | 2 | | amended by changing Sections 1, 2, and 3 and adding Section 3.5 | 3 | | as follows:
| 4 | | (50 ILCS 110/1) (from Ch. 102, par. 4.10)
| 5 | | Sec. 1. Simultaneous tenure prohibited. Legislative | 6 | | findings; purpose). In recognition of the responsibility of an | 7 | | elected official to fully and faithfully perform the duties of | 8 | | his or her elected office, it is the policy of this State to | 9 | | prohibit conflicts of interest in the performance of those | 10 | | duties. No person may simultaneously serve in an elective | 11 | | office of more than one unit of local government if the units | 12 | | of local government may tax any of the same services, | 13 | | occupations, uses, or property. The General Assembly finds and
| 14 | | declares that questions raised regarding the legality of | 15 | | simultaneously
holding the office of county board member and | 16 | | township supervisor are
unwarranted, and in counties of less | 17 | | than 100,000 population such questions
regarding the legality | 18 | | of simultaneously holding the office of county board
member and | 19 | | township trustee are unwarranted;
that the General Assembly | 20 | | viewed the office of township supervisor, and
in counties of | 21 | | less than 100,000 population the office of township trustee,
| 22 | | and the office of county board member as compatible; and that | 23 | | to settle
the question
of legality and avoid confusion among | 24 | | such counties and townships as may
be affected by such |
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| 1 | | questions it is lawful to hold the office of county
board | 2 | | member simultaneously with the office of township supervisor, | 3 | | and
in counties of less than 100,000 population with the office | 4 | | of township
trustee, in accordance with this Act.
| 5 | | (Source: P.A. 82-554.)
| 6 | | (50 ILCS 110/2) (from Ch. 102, par. 4.11)
| 7 | | Sec. 2. Resignation of office. Simultaneous tenure | 8 | | declared to be lawful. If a person is elected to or appointed | 9 | | to fill a vacancy in an elective office for more than one unit | 10 | | of local government in violation of this Act, then, upon | 11 | | acceptance of the second office, the person shall be deemed to | 12 | | have resigned from and created a vacancy in the first office. | 13 | | It is lawful
for any person to hold the office of county board
| 14 | | member and township supervisor, and in counties of less than | 15 | | 100,000 population
the office of county board member and | 16 | | township trustee, simultaneously.
It is lawful for any person | 17 | | to hold the office of county
board member and the office of | 18 | | township assessor
or town clerk, simultaneously, in counties of | 19 | | less than 300,000 population.
| 20 | | (Source: P.A. 90-748, eff. 8-14-98.)
| 21 | | (50 ILCS 110/3) (from Ch. 102, par. 4.12)
| 22 | | Sec. 3. Validation of actions. If, before the effective | 23 | | date of this amendatory Act of the 97th General Assembly, a | 24 | | person is not prohibited from serving in an elective office for |
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| 1 | | more than one unit of local government, then that person may | 2 | | continue to serve during the remainder of his or her current | 3 | | terms of office and all actions of that person, otherwise in | 4 | | accordance with law, are validated. All actions of such person, | 5 | | as township supervisor, in counties
of less than 100,000 | 6 | | population as township trustee, or county board member
after | 7 | | December 1, 1974, which are otherwise in
accordance with law, | 8 | | are hereby validated.
| 9 | | (Source: P.A. 82-554.)
| 10 | | (50 ILCS 110/3.5 new) | 11 | | Sec. 3.5. Conflicts with the Public Officer Prohibited | 12 | | Activities Act. If there is a conflict between the provisions | 13 | | of this Act and the provisions of the Public Officer Prohibited | 14 | | Activities Act, then the provisions of this Act shall | 15 | | control. ".
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