Rep. Dave Winters

Filed: 4/23/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3182 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Election Code is amended by changing
5Section 25-11 as follows:
6    (10 ILCS 5/25-11)  (from Ch. 46, par. 25-11)
7    Sec. 25-11. When a vacancy occurs in any elective county
8office, or in a county of less than 3,000,000 population in the
9office of clerk of the circuit court, in a county which is not
10a home rule unit, the county board or board of county
11commissioners shall at their next meeting declare that such
12vacancy exists and notification thereof shall be given to the
13county central committee or the appropriate county board or
14board of county commissioners district committee of each
15established political party within 3 days of the occurrence of
16the county board meeting where a vacancy was declared. The



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1vacancy shall be filled within 60 days of the notification by
2appointment of the chairman of the county board or board of
3county commissioners with the advice and consent of the county
4board or board of county commissioners. In counties in which
5forest preserve district commissioners are elected by
6districts and are not also members of the county board,
7however, vacancies in the office of forest preserve district
8commissioner shall be filled within 60 days by appointment of
9the president of the forest preserve district board of
10commissioners with the advice and consent of the forest
11preserve district board of commissioners. In counties in which
12the forest preserve district president is not also a member of
13the county board, vacancies in the office of forest preserve
14district president shall be filled within 60 days by the forest
15preserve district board of commissioners by appointing one of
16the commissioners to serve as president. The appointee shall be
17a member of the same political party as the person he succeeds
18was at the time of his election and shall be otherwise eligible
19to serve. The appointee shall serve the remainder of the
20unexpired term. However, if more than 28 months remain in the
21term, the appointment shall be until the next general election
22at which time the vacated office shall be filled by election
23for the remainder of the term. In the case of a vacancy in a
24seat on a county board or board of county commissioners which
25has been divided into districts under Section 2-3003 or
262-4006.5 of the Counties Code, the appointee must also be a



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1resident of the county board or county commission district. If
2a county commissioner ceases to reside in the district that he
3or she represents, a vacancy in that office exists.
4    Except as otherwise provided by county ordinance or by law,
5in any county which is a home rule unit, vacancies in elective
6county offices, other than the office of chief executive
7officer, and vacancies in the office of clerk of the circuit
8court in a county of less than 3,000,000 population, shall be
9filled by the county board or board of county commissioners.
10(Source: P.A. 92-189, eff. 8-1-01; 92-583, eff. 6-26-02.)
11    Section 10. The Public Officer Prohibited Activities Act is
12amended by changing Sections 1 and 1.2 as follows:
13    (50 ILCS 105/1)  (from Ch. 102, par. 1)
14    Sec. 1. County board. No member of a county board, during
15the term of office for which he or she is elected, may be
16appointed to, accept, or hold any office other than (i)
17chairman of the county board or member of the regional planning
18commission by appointment or election of the board of which he
19or she is a member, (ii) alderman of a city or member of the
20board of trustees of a village or incorporated town if the
21city, village, or incorporated town has fewer than 1,000
22inhabitants and is located in a county having fewer than 50,000
23inhabitants, or (iii) trustee of a forest preserve district
24created under Section 18.5 of the Conservation District Act,



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1(iv) trustee of a fire protection district, or (v) commissioner
2of a housing authority, unless he or she first resigns from the
3office of county board member or unless the holding of another
4office is authorized by law. Any such prohibited appointment or
5election is void. This Section shall not preclude a member of
6the county board from being selected or from serving as a
7member of a County Extension Board as provided in Section 7 of
8the County Cooperative Extension Law, as a member of an
9Emergency Telephone System Board as provided in Section 15.4 of
10the Emergency Telephone System Act, or as appointed members of
11the board of review as provided in Section 6-30 of the Property
12Tax Code. Nothing in this Act shall be construed to prohibit an
13elected county official from holding elected office in another
14unit of local government so long as there is no contractual
15relationship between the county and the other unit of local
16government. This amendatory Act of 1995 is declarative of
17existing law and is not a new enactment.
18(Source: P.A. 94-617, eff. 8-18-05.)
19    (50 ILCS 105/1.2)
20    Sec. 1.2. County board member; education office. A member
21of the county board in any a county having fewer than 40,000
22inhabitants, during the term of office for which he or she is
23elected, may also hold the office of member of the board of
24education, regional board of school trustees, board of school
25directors, board of a community college district, or board of



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1school inspectors.
2(Source: P.A. 97-460, eff. 8-19-11.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".