Full Text of HB5622 103rd General Assembly
HB5622 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5622 Introduced 2/9/2024, by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: | | 50 ILCS 105/1.1 | from Ch. 102, par. 1.1 | 50 ILCS 105/2a | from Ch. 102, par. 2a | 50 ILCS 105/4 | from Ch. 102, par. 4 | 50 ILCS 110/2 | from Ch. 102, par. 4.11 |
| Amends the Public Officer Prohibited Activities Act. Provides that, in a township in a county with a population equal to or greater than 600,000, a person may not simultaneously hold an elected township office and another local elected office. Makes conforming changes in the Public Officer Prohibited Activities Act and Public Officer Simultaneous Tenure Act. |
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| | A BILL FOR |
| | | | HB5622 | | LRB103 39107 AWJ 69247 b |
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| 1 | | AN ACT concerning local government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Public Officer Prohibited Activities Act is | 5 | | amended by changing Sections 1.1, 2a, and 4 as follows: | 6 | | (50 ILCS 105/1.1) (from Ch. 102, par. 1.1) | 7 | | Sec. 1.1. A member of the county board in a county having | 8 | | fewer than 600,000 550,000 inhabitants, during the term of | 9 | | office for which the member he is elected, may also hold the | 10 | | office of township highway commissioner. | 11 | | (Source: P.A. 86-1330.) | 12 | | (50 ILCS 105/2a) (from Ch. 102, par. 2a) | 13 | | Sec. 2a. Township officials. | 14 | | (a) No township supervisor or trustee, during the term of | 15 | | office for which he or she is elected, may accept, be appointed | 16 | | to, or hold any office by the appointment of the board of | 17 | | township trustees unless he or she first resigns from the | 18 | | office of supervisor or trustee or unless the appointment is | 19 | | specifically authorized by law. A supervisor or trustee may, | 20 | | however, serve as a volunteer firefighter and receive | 21 | | compensation for that service. Any appointment in violation of | 22 | | this Section is void. Nothing in this Act shall be construed to |
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| 1 | | prohibit an elected township official from holding elected | 2 | | office in another unit of local government as long as there is | 3 | | no contractual relationship between the township and the other | 4 | | unit of local government. This amendatory Act of 1995 is | 5 | | declarative of existing law and is not a new enactment. | 6 | | (b) On and after the effective date of this amendatory Act | 7 | | of the 100th General Assembly, a person elected to or | 8 | | appointed to fill a vacancy in an elected township position, | 9 | | including, but not limited to, a trustee, a supervisor, a | 10 | | highway commissioner, a clerk, an assessor, or a collector, | 11 | | shall not be employed by the township, except that a | 12 | | supervisor or trustee may serve as a volunteer firefighter and | 13 | | receive compensation for that service as provided in | 14 | | subsection (a). | 15 | | (c) In a township in a county with a population equal to or | 16 | | greater than 600,000, a person may not simultaneously hold an | 17 | | elected township office and another local elected office. | 18 | | (Source: P.A. 100-868, eff. 1-1-19 .) | 19 | | (50 ILCS 105/4) (from Ch. 102, par. 4) | 20 | | Sec. 4. Any alderperson, member of a board of trustees, | 21 | | supervisor or county commissioner, or other person holding any | 22 | | office, either by election or appointment under the laws or | 23 | | constitution of this state, who violates any provision of the | 24 | | preceding sections, is guilty of a Class 4 felony and in | 25 | | addition thereto, any office or official position held by any |
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| 1 | | person so convicted shall become vacant, and shall be so | 2 | | declared as part of the judgment of court. This Section does | 3 | | not apply to a violation of subsection (b) or (c) of Section | 4 | | 2a. | 5 | | (Source: P.A. 102-15, eff. 6-17-21.) | 6 | | Section 10. The Public Officer Simultaneous Tenure Act is | 7 | | amended by changing Section 2 as follows: | 8 | | (50 ILCS 110/2) (from Ch. 102, par. 4.11) | 9 | | Sec. 2. Simultaneous tenure declared to be lawful. It is | 10 | | lawful for any person to hold the office of county board member | 11 | | and township supervisor in counties with a population under | 12 | | 600,000 , and , in counties of less than 100,000 population , the | 13 | | office of county board member and township trustee, | 14 | | simultaneously. It is lawful for any person to hold the office | 15 | | of county board member and the office of township assessor or | 16 | | town clerk, simultaneously, in counties of less than 300,000 | 17 | | population. | 18 | | (Source: P.A. 90-748, eff. 8-14-98.) |
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