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Public Act 101-0544 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Local Government Officer Compensation Act is | ||||
amended by adding Section 25 as follows: | ||||
(50 ILCS 145/25 new) | ||||
Sec. 25. Elected official salary. Notwithstanding the | ||||
provision of any other law to the contrary, an elected officer | ||||
of a unit of local government that is a participating employer | ||||
under the Illinois Municipal Retirement Fund shall not receive | ||||
any salary or other compensation from the unit of local | ||||
government if the member is receiving pension benefits from the | ||||
Illinois Municipal Retirement Fund under Article 7 of the | ||||
Illinois Pension Code for the elected official's service in | ||||
that same elected position. If an elected officer is receiving | ||||
benefits from the Illinois Municipal Retirement Fund on the | ||||
effective date of this amendatory Act of the 101st General | ||||
Assembly, the elected official's salary and compensation shall | ||||
be reduced to zero at the beginning of the member's next term | ||||
if the member is still receiving such pension benefits. | ||||
Section 10. The Counties Code is amended by changing | ||||
Section 2-1003 and by adding Sections 4-10005, 5-3003, and |
6-31013 as follows:
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(55 ILCS 5/2-1003) (from Ch. 34, par. 2-1003)
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Sec. 2-1003. Chairman and vice-chairman of county board. | ||
The county board shall, unless the chairman is elected by the | ||
voters of
the county, at its first meeting in the month | ||
following the month in which
county board members are elected, | ||
choose one of its members as chairman for
a term of 2 years and | ||
at the same meeting, choose one of its members as
vice-chairman | ||
for a term of 2 years. The vice-chairman shall serve in the
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place of the chairman at any meeting of the county board in | ||
which
the chairman is not present. In case of the absence of | ||
the chairman and
the vice-chairman at any meeting, the members | ||
present shall choose one of
their number as temporary chairman. | ||
A chairman who is chosen by the county board may be | ||
removed, with or without cause, upon a motion adopted by an | ||
affirmative vote of four-fifths of the county board. Upon | ||
adoption of a motion to remove the chairman: (i) the chairman | ||
position becomes vacant and the former chairman's compensation | ||
shall be prorated to the date the motion was approved; (ii) the | ||
vice-chairman immediately assumes the duties of chairman | ||
without chairman compensation; and (iii) a new chairman shall | ||
be elected at the next regularly scheduled county board | ||
meeting. A chairman removed under this Section maintains his or | ||
her status as a member of the county board.
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(Source: P.A. 86-962.)
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(55 ILCS 5/4-10005 new) | ||
Sec. 4-10005. County board salaries. | ||
(a) Notwithstanding Section 4-10001, a member of a county | ||
board shall not receive any salary or other compensation from | ||
the county if the member is receiving pension benefits from the | ||
Illinois Municipal Retirement Fund under Article 7 of the | ||
Illinois Pension Code for the member's service as a county | ||
board member. If a member of a county board is receiving | ||
benefits from the Illinois Municipal Retirement Fund on the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly, the member's salary and compensation shall be reduced | ||
to zero at the beginning of the member's next term if the | ||
member is still receiving pension benefits from the Illinois | ||
Municipal Retirement Fund for service as a county board member. | ||
(b) This Section does not apply to a county that has | ||
adopted an ordinance or resolution effective prior to January | ||
1, 2019 that reduces compensation of elected county officials | ||
who are receiving pension benefits from the Illinois Municipal | ||
Retirement Fund under Article 7 of the Illinois Pension Code | ||
for their service as elected officials of that county to an | ||
amount less than other elected county officials who are not | ||
receiving such pension benefits for their service as elected | ||
officials. | ||
(55 ILCS 5/5-3003 new) |
Sec. 5-3003. Contracts for goods and services valued at | ||
more than $30,000. | ||
(a) As used in this Section, "familial relationship" means | ||
an individual's father, mother, son, daughter, brother, | ||
sister, uncle, aunt, great aunt, great uncle, first cousin, | ||
nephew, niece, husband, wife, grandfather, grandmother, | ||
grandson, granddaughter, father-in-law, mother-in-law, | ||
son-in-law, daughter-in-law, brother-in-law, sister-in-law, | ||
stepfather, stepmother, stepson, stepdaughter, stepbrother, | ||
stepsister, half-brother, half-sister, and the father, mother, | ||
grandfather, or grandmother of the individual's spouse and the | ||
individual's fiance or fiancee. | ||
(b) A county may deny, suspend, or terminate the | ||
eligibility of a person, firm, corporation, association, | ||
agency, institution, or other legal entity to participate as a | ||
vendor of goods or services to the county if the vendor, for | ||
contracts greater than $30,000, fails to disclose to the county | ||
a familial relationship between a county elected official or | ||
county department director and any of the following individuals | ||
who have the authority to act on behalf of and with the power | ||
to bind the respective person, firm, corporation, association, | ||
agency, institution, or other legal entity: a corporate | ||
officer; a member of the corporate board of directors; a | ||
limited liability company manager; a member with management | ||
authority of a limited liability company; or a partner of a | ||
partnership. |
(c) If a person, firm, corporation, association, agency, | ||
institution, or other legal entity seeking to contract with the | ||
county has a familial relationship required to be disclosed | ||
under subsection (b), then the contract may be approved or | ||
renewed by roll call vote of the county board following a | ||
recitation of the name of the county official and the nature of | ||
the familial relationship being disclosed. | ||
(55 ILCS 5/6-31013 new) | ||
Sec. 6-31013. Transitional audits. | ||
(a) No later than 10 days after certification of the | ||
election results, the county board chairperson, county board | ||
president, or county executive shall notify newly elected | ||
countywide officials of the option for an auditor to conduct a | ||
transitional audit at the county's expense. An elected county | ||
auditor shall conduct the audit upon a request of the newly | ||
elected countywide official. In a county that does not have an | ||
elected county auditor, the newly elected countywide official | ||
may hire a qualified auditing firm. The county board shall pay | ||
all costs associated with an audit. The transitional audit | ||
shall examine funds expended by the official for whom the newly | ||
elected official is taking over and report if the expended | ||
funds were consistent with the county board's financial | ||
allocations to that official. | ||
(b) A county board shall give the option for a transitional | ||
financial audit to all county officials elected in or after |
November 2016. | ||
(c) A home rule county shall not regulate transitional | ||
audits in a manner inconsistent with this Section. This Section | ||
is a limitation under subsection (i) of Section 6 of Article | ||
VII of the Illinois Constitution on the concurrent exercise by | ||
home rule units of powers and functions exercised by the State.
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Section 15. The Downstate Forest Preserve District Act is | ||
amended by changing Section 8 as follows:
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(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
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Sec. 8. Powers and duties of corporate authority and | ||
officers; contracts; salaries.
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(a) The board shall be the corporate authority of such | ||
forest
preserve district and shall have power to pass and | ||
enforce all necessary
ordinances, rules and regulations for the | ||
management of the property and
conduct of the business of such | ||
district. The president of such board
shall have power to | ||
appoint such employees as may be necessary. In counties
with | ||
population of less than 3,000,000, within 60 days after their | ||
selection
the commissioners appointed under the provisions of | ||
Section 3a of this Act
shall organize by selecting from their | ||
members a president, vice president, secretary,
treasurer and | ||
such other officers as are deemed necessary who shall hold
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office for the fiscal year in which elected and until their | ||
successors are
selected and qualify. In the one district in |
existence on July 1, 1977, that
is managed by an appointed | ||
board of commissioners, the incumbent president
and the other | ||
officers appointed in the manner as originally prescribed in | ||
this
Act shall hold such offices until the completion of their | ||
respective terms or
in the case of the officers other than | ||
president until their successors
are appointed by said | ||
president, but in all cases not to extend beyond January
1, | ||
1980 and until their successors are selected and qualify. | ||
Thereafter,
the officers shall be selected in the manner as | ||
prescribed in this Section
except that their first term of | ||
office shall not expire until June 30, 1981
and until their | ||
successors are selected and qualify.
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(a-5) An officer selected pursuant to subsection (a) may be | ||
removed, with or without cause, upon a motion adopted by an | ||
affirmative vote of four-fifths of the board of the forest | ||
preserve district. Upon adoption of a motion to remove an | ||
officer: (i) the office becomes vacant and the former officer's | ||
compensation shall be prorated to the date the motion was | ||
approved; (ii) if the officer removed is the president then the | ||
vice president immediately assumes the duties of the president | ||
without president compensation and, if the officer removed is | ||
the vice president, treasurer, or secretary, then the president | ||
shall select an interim appointee who shall serve until the | ||
next regularly scheduled forest preserve district board | ||
meeting; and (iii) a new officer shall be selected at the next | ||
regularly scheduled forest preserve district board meeting. An |
officer removed under this Section maintains his or her status | ||
as a member of the forest preserve district board. | ||
(b) In any county, city, village, incorporated town or
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sanitary district where the corporate authorities act as the
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governing body of a forest preserve district, the person | ||
exercising
the powers of the president of the board shall have | ||
power to appoint a
secretary and an assistant secretary and | ||
treasurer and an assistant
treasurer and such other officers | ||
and such employees as may be necessary.
The assistant secretary | ||
and assistant treasurer shall perform the duties
of the | ||
secretary and treasurer, respectively in case of death of such | ||
officers
or when such officers are unable to perform the duties | ||
of their respective
offices. All contracts for supplies, | ||
material or
work involving an expenditure in excess of $25,000, | ||
or a lower amount if required by board policy, shall be let to | ||
the lowest
responsible bidder, after advertising at least once | ||
in one or more
newspapers of general circulation within the | ||
district, excepting work
requiring personal confidence or | ||
necessary
supplies under the control of monopolies, where | ||
competitive bidding is
impossible. Contracts for supplies, | ||
material or work involving an
expenditure of $25,000, or a | ||
lower amount if required by board policy, or less may be let | ||
without advertising for bids,
but whenever practicable, at | ||
least 3 competitive bids shall be obtained
before letting such | ||
contract. All contracts for supplies, material or
work shall be | ||
signed by the president of the board of commissioners or
by any |
such other officer as the board in its discretion may | ||
designate.
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(c) The president of any board of commissioners appointed | ||
under the
provisions of Section 3a of this Act shall receive a | ||
salary not to
exceed the sum of $2500 per annum and the salary | ||
of other members of the
board so appointed shall not exceed | ||
$1500 per annum. Salaries of the
commissioners, officers and | ||
employees shall be fixed by ordinance.
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(d) Whenever a forest preserve district owns any personal | ||
property that, in the opinion of three-fifths of the members of | ||
the board of commissioners, is no longer necessary, useful to, | ||
or for the best interests of the forest preserve district, then | ||
three-fifths of the members of the board, at any regular | ||
meeting or any special meeting called for that purpose by an | ||
ordinance or resolution that includes a general description of | ||
the personal property, may authorize the conveyance or sale of | ||
that personal property in any manner that they may designate, | ||
with or without advertising the sale. | ||
(Source: P.A. 98-463, eff. 8-16-13; 99-771, eff. 8-12-16.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |