Illinois General Assembly - Full Text of SB1236
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Full Text of SB1236  101st General Assembly


Rep. Sam Yingling

Filed: 5/6/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1236 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Local Government Officer Compensation Act
5is amended by adding Section 25 as follows:
6    (50 ILCS 145/25 new)
7    Sec. 25. Elected official salary. Notwithstanding the
8provision of any other law to the contrary, an elected officer
9of a unit of local government that is a participating employer
10under the Illinois Municipal Retirement Fund shall not receive
11any salary or other compensation from the unit of local
12government if the member is receiving pension benefits from the
13Illinois Municipal Retirement Fund under Article 7 of the
14Illinois Pension Code for the elected official's service in
15that same elected position. If an elected officer is receiving
16benefits from the Illinois Municipal Retirement Fund on the



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1effective date of this amendatory Act of the 101st General
2Assembly, the elected official's salary and compensation shall
3be reduced to zero at the beginning of the member's next term
4if the member is still receiving such pension benefits.
5    Section 10. The Counties Code is amended by changing
6Section 2-1003 by adding Sections 4-10005, 5-3003, and 6-31013
7as follows:
8    (55 ILCS 5/2-1003)  (from Ch. 34, par. 2-1003)
9    Sec. 2-1003. Chairman and vice-chairman of county board.
10The county board shall, unless the chairman is elected by the
11voters of the county, at its first meeting in the month
12following the month in which county board members are elected,
13choose one of its members as chairman for a term of 2 years and
14at the same meeting, choose one of its members as vice-chairman
15for a term of 2 years. The vice-chairman shall serve in the
16place of the chairman at any meeting of the county board in
17which the chairman is not present. In case of the absence of
18the chairman and the vice-chairman at any meeting, the members
19present shall choose one of their number as temporary chairman.
20    A chairman who is chosen by the county board may be
21removed, with or without cause, upon a motion adopted by an
22affirmative vote of four-fifths of the county board. Upon
23adoption of a motion to remove the chairman: (i) the chairman
24position becomes vacant and the former chairman's compensation



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1shall be prorated to the date the motion was approved; (ii) the
2vice-chairman immediately assumes the duties of chairman
3without chairman compensation; and (iii) a new chairman shall
4be elected at the next regularly scheduled county board
5meeting. A chairman removed under this Section maintains his or
6her status as a member of the county board.
7(Source: P.A. 86-962.)
8    (55 ILCS 5/4-10005 new)
9    Sec. 4-10005. County board salaries. Notwithstanding
10Section 4-10001, a member of a county board shall not receive
11any salary or other compensation from the county if the member
12is receiving pension benefits from the Illinois Municipal
13Retirement Fund under Article 7 of the Illinois Pension Code
14for the member's service as a county board member. If a member
15of a county board is receiving benefits from the Illinois
16Municipal Retirement Fund on the effective date of this
17amendatory Act of the 101st General Assembly, the member's
18salary and compensation shall be reduced to zero at the
19beginning of the member's next term if the member is still
20receiving pension benefits from the Illinois Municipal
21Retirement Fund for service as a county board member.
22    (55 ILCS 5/5-3003 new)
23    Sec. 5-3003. Contracts for goods and services valued at
24more than $30,000.



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1    (a) A vendor wishing to contract with a county for goods
2and services in an amount greater than $30,000 shall disclose
3to the county, prior to a county board's vote on the contract,
4any familial relationship between a county elected official,
5department director, deputy director and a manager, owner,
6principal, or officer of the vendor's company. "Familial
7relationship" means a spouse (including civil partner), child,
8stepchild, parent, stepparent, grandparent, in-laws (including
9parent, grandparent, sibling, or child), relatives and
10non-relatives living in the same residence, and offspring born
11to any previously-mentioned person.
12    (b) If a vendor wishing to contract has a familial
13relationship disclosed under subsection (a), then the contract
14can only be approved or renewed by roll call vote and not on a
15consent agenda. It must be preceded by a recitation by the
16chairperson, which includes the name of the elected official or
17employee and the nature of the familial relationship being
19    (c) A contract subject to this Section which is not
20approved as provided in this Section is void.
21    (55 ILCS 5/6-31013 new)
22    Sec. 6-31013. Transitional audits.
23    (a) No later than 5 days after certification of the
24election results, the county clerk shall notify newly elected
25countywide officials of the option for an auditor to conduct a



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1transitional audit at the county's expense. An elected county
2auditor shall conduct the audit upon a request of the newly
3elected countywide official. In a county that does not have an
4elected county auditor, the newly elected countywide official
5may hire a qualified auditing firm. The county board shall pay
6all costs associated with an audit. The transitional audit
7shall examine funds expended by the official for whom the newly
8elected official is taking over and report if the expended
9funds were consistent with the county board's financial
10allocations to that official.
11    (b) A county board shall give the option for a transitional
12financial audit to all county officials elected in or after
13November 2016.
14    (c) A home rule county shall not regulate transitional
15audits in a manner inconsistent with this Section. This Section
16is a limitation under subsection (i) of Section 6 of Article
17VII of the Illinois Constitution on the concurrent exercise by
18home rule units of powers and functions exercised by the State.
19    Section 15. The Downstate Forest Preserve District Act is
20amended by changing Section 8 as follows:
21    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)
22    Sec. 8. Powers and duties of corporate authority and
23officers; contracts; salaries.
24    (a) The board shall be the corporate authority of such



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1forest preserve district and shall have power to pass and
2enforce all necessary ordinances, rules and regulations for the
3management of the property and conduct of the business of such
4district. The president of such board shall have power to
5appoint such employees as may be necessary. In counties with
6population of less than 3,000,000, within 60 days after their
7selection the commissioners appointed under the provisions of
8Section 3a of this Act shall organize by selecting from their
9members a president, vice president, secretary, treasurer and
10such other officers as are deemed necessary who shall hold
11office for the fiscal year in which elected and until their
12successors are selected and qualify. In the one district in
13existence on July 1, 1977, that is managed by an appointed
14board of commissioners, the incumbent president and the other
15officers appointed in the manner as originally prescribed in
16this Act shall hold such offices until the completion of their
17respective terms or in the case of the officers other than
18president until their successors are appointed by said
19president, but in all cases not to extend beyond January 1,
201980 and until their successors are selected and qualify.
21Thereafter, the officers shall be selected in the manner as
22prescribed in this Section except that their first term of
23office shall not expire until June 30, 1981 and until their
24successors are selected and qualify.
25    (a-5) An officer selected pursuant to subsection (a) may be
26removed, with or without cause, upon a motion adopted by an



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1affirmative vote of four-fifths of the board of the forest
2preserve district. Upon adoption of a motion to remove an
3officer: (i) the office becomes vacant and the former officer's
4compensation shall be prorated to the date the motion was
5approved; (ii) if the officer removed is the president then the
6vice president immediately assumes the duties of the president
7without president compensation and, if the officer removed is
8the vice president, treasurer, or secretary, then the president
9shall select an interim appointee who shall serve until the
10next regularly scheduled forest preserve district board
11meeting; and (iii) a new officer shall be selected at the next
12regularly scheduled forest preserve district board meeting. An
13officer removed under this Section maintains his or her status
14as a member of the forest preserve district board.
15    (b) In any county, city, village, incorporated town or
16sanitary district where the corporate authorities act as the
17governing body of a forest preserve district, the person
18exercising the powers of the president of the board shall have
19power to appoint a secretary and an assistant secretary and
20treasurer and an assistant treasurer and such other officers
21and such employees as may be necessary. The assistant secretary
22and assistant treasurer shall perform the duties of the
23secretary and treasurer, respectively in case of death of such
24officers or when such officers are unable to perform the duties
25of their respective offices. All contracts for supplies,
26material or work involving an expenditure in excess of $25,000,



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1or a lower amount if required by board policy, shall be let to
2the lowest responsible bidder, after advertising at least once
3in one or more newspapers of general circulation within the
4district, excepting work requiring personal confidence or
5necessary supplies under the control of monopolies, where
6competitive bidding is impossible. Contracts for supplies,
7material or work involving an expenditure of $25,000, or a
8lower amount if required by board policy, or less may be let
9without advertising for bids, but whenever practicable, at
10least 3 competitive bids shall be obtained before letting such
11contract. All contracts for supplies, material or work shall be
12signed by the president of the board of commissioners or by any
13such other officer as the board in its discretion may
15    (c) The president of any board of commissioners appointed
16under the provisions of Section 3a of this Act shall receive a
17salary not to exceed the sum of $2500 per annum and the salary
18of other members of the board so appointed shall not exceed
19$1500 per annum. Salaries of the commissioners, officers and
20employees shall be fixed by ordinance.
21    (d) Whenever a forest preserve district owns any personal
22property that, in the opinion of three-fifths of the members of
23the board of commissioners, is no longer necessary, useful to,
24or for the best interests of the forest preserve district, then
25three-fifths of the members of the board, at any regular
26meeting or any special meeting called for that purpose by an



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1ordinance or resolution that includes a general description of
2the personal property, may authorize the conveyance or sale of
3that personal property in any manner that they may designate,
4with or without advertising the sale.
5(Source: P.A. 98-463, eff. 8-16-13; 99-771, eff. 8-12-16.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".