Full Text of SB3332 97th General Assembly
SB3332sam001 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 3/1/2012
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| 1 | | AMENDMENT TO SENATE BILL 3332
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3332 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 by adding Section 0.05 as | 6 | | follows: | 7 | | (50 ILCS 105/0.05 new) | 8 | | Sec. 0.05. Legislative findings. The General Assembly | 9 | | finds and
declares that questions raised regarding the legality | 10 | | of simultaneously
holding the office of county board member and | 11 | | elected office of another unit of local government are
| 12 | | unwarranted;
that the General Assembly viewed the elected | 13 | | office of another unit of local government and the office of | 14 | | county board member as compatible; and that to settle
the | 15 | | question
of legality and avoid confusion among such counties | 16 | | and other units of local government 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 an elected office of another unit of | 3 | | local government, in accordance with this Act.
| 4 | | (50 ILCS 105/1) (from Ch. 102, par. 1)
| 5 | | Sec. 1. County board. An elected county official may hold | 6 | | elected office in another unit of local government, as long as | 7 | | there is no disqualifying contractual relationship between the | 8 | | county and the other unit of local government. A disqualifying | 9 | | contractual relationship is a contractual relationship that is | 10 | | not available to other units of local government in that | 11 | | county. A general contractual relationship that is available to | 12 | | other units of local government in that county, including but | 13 | | not limited to contracts involving Homeland Security programs, | 14 | | emergency management and assistance, storm water management | 15 | | and assistance, environmental protection or enhancement, | 16 | | energy conservation programs, mutual aid agreements regarding | 17 | | crime prevention or law enforcement activities, or any grants | 18 | | that are administered by a county or unit of local government | 19 | | funded by either the federal or State government, is not a | 20 | | disqualifying contractual relationship, and an elected county | 21 | | official may hold elected office in another unit of local | 22 | | government, provided that the elected county official shall not | 23 | | vote on the proposition for entering into the general | 24 | | contractual relationship in his or her capacity as an elected | 25 | | county official or an elected officer of a unit of local |
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| 1 | | government. Except as otherwise provided in this Act, if there | 2 | | is a disqualifying contractual relationship between the county | 3 | | and the other unit of local government, then no No member of a | 4 | | county board, during the term of
office for which
he or she is | 5 | | elected, unless he or she first resigns from the office of | 6 | | county board member or unless the holding of another office is | 7 | | authorized by law, may be appointed to, accept, or hold any | 8 | | other office. Any such prohibited appointment or election is | 9 | | void. Notwithstanding the above, any county board member may be | 10 | | appointed to, accept, or hold the office of any office other
| 11 | | than (i) chairman of the county board or member of the regional | 12 | | planning
commission by appointment or election of the board of | 13 | | which he or she is a
member, (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 | 17 | | inhabitants, or (iii) trustee of a forest preserve district | 18 | | created under Section 18.5 of the Conservation District Act , | 19 | | unless he or she first resigns from the office
of county board
| 20 | | member or unless the holding of another office is authorized by | 21 | | law.
Any such prohibited appointment or election is void . This | 22 | | Section shall not
preclude a member of the county board from | 23 | | being selected or from serving as a member of a County
| 24 | | Extension
Board as provided in Section 7 of the County | 25 | | Cooperative Extension Law,
as a member of an Emergency | 26 | | Telephone System Board as provided in Section
15.4 of the |
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| 1 | | Emergency Telephone System Act, or as appointed members of the
| 2 | | board of review as provided in Section 6-30 of the Property Tax | 3 | | Code.
Nothing in this Act shall be construed to prohibit an | 4 | | elected county official
from holding elected office in another | 5 | | unit of local government so long as
there is no contractual | 6 | | relationship between the county and the other unit of
local | 7 | | government. Public Act 89-89 and this amendatory Act of the | 8 | | 97th General Assembly are This amendatory Act of 1995 is | 9 | | declarative of existing law
and are is not a new enactments | 10 | | enactment .
| 11 | | (Source: P.A. 94-617, eff. 8-18-05.)
| 12 | | Section 10. The Public Officer Simultaneous Tenure Act is | 13 | | amended by changing Section 1 and by adding Sections 4 and 5 as | 14 | | follows:
| 15 | | (50 ILCS 110/1) (from Ch. 102, par. 4.10)
| 16 | | Sec. 1. Legislative findings; purpose). The General | 17 | | Assembly finds and
declares that questions raised regarding the | 18 | | legality of simultaneously
holding the office of county board | 19 | | member and township supervisor or elected office of another | 20 | | unit of local government are
unwarranted, and in counties of | 21 | | less than 100,000 population such questions
regarding the | 22 | | legality of simultaneously holding the office of county board
| 23 | | member and township trustee are unwarranted;
that the General | 24 | | Assembly viewed the office of township supervisor or elected |
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| 1 | | office of another unit of local government , and
in counties of | 2 | | less than 100,000 population the office of township trustee,
| 3 | | and the office of county board member as compatible; and that | 4 | | to settle
the question
of legality and avoid confusion among | 5 | | such counties and townships as may
be affected by such | 6 | | questions it is lawful to hold the office of county
board | 7 | | member simultaneously with the office of township supervisor or | 8 | | elected office of another unit of local government , and
in | 9 | | counties of less than 100,000 population with the office of | 10 | | township
trustee, in accordance with this Act.
| 11 | | (Source: P.A. 82-554.)
| 12 | | (50 ILCS 110/4 new) | 13 | | Sec. 4. Simultaneous tenure declared to be lawful. An | 14 | | elected county official, including but not limited to an | 15 | | elected county board member, may simultaneously serve as an | 16 | | elected official in another unit of local government, as long | 17 | | as there is no disqualifying contractual relationship between | 18 | | the county and the other unit of local government. A | 19 | | disqualifying contractual relationship is a contractual | 20 | | relationship that is not available to other units of local | 21 | | government in that county. A general contractual relationship | 22 | | that is available to other units of local government in that | 23 | | county, including but not limited to contracts involving | 24 | | Homeland Security programs, emergency management and | 25 | | assistance, storm water management and assistance, |
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| 1 | | environmental protection or enhancement, energy conservation | 2 | | programs, mutual aid agreements regarding crime prevention or | 3 | | law enforcement activities, or any grants that are administered | 4 | | by a county or unit of local government funded by either the | 5 | | federal or State government, is not a disqualifying contractual | 6 | | relationship, and an elected county official may hold elected | 7 | | office in another unit of local government, provided that the | 8 | | elected county official shall not vote on the proposition for | 9 | | entering into the general contractual relationship in his or | 10 | | her capacity as an elected county official or an elected | 11 | | officer of a unit of local government. | 12 | | (50 ILCS 110/5 new) | 13 | | Sec. 5. Actions of elected official. All actions of a | 14 | | person, as an elected official of another unit of local | 15 | | government or county board member, that are otherwise in | 16 | | accordance with law, are hereby validated.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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