Sen. Terry Link

Filed: 4/6/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 543

2    AMENDMENT NO. ______. Amend Senate Bill 543 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Officer Prohibited Activities Act is
5amended by changing Section 1 and adding Section 4.7 as
6follows:
 
7    (50 ILCS 105/1)  (from Ch. 102, par. 1)
8    Sec. 1. County board. No member of a county board, during
9the term of office for which he or she is elected, may be
10appointed to, accept, or hold any office other than (i)
11chairman of the county board or member of the regional planning
12commission by appointment or election of the board of which he
13or she is a member or (ii) , (ii) alderman of a city or member
14of the board of trustees of a village or incorporated town if
15the city, village, or incorporated town has fewer than 1,000
16inhabitants and is located in a county having fewer than 50,000

 

 

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1inhabitants, or (iii) trustee of a forest preserve district
2created under Section 18.5 of the Conservation District Act,
3unless he or she first resigns from the office of county board
4member or unless the holding of another office is authorized by
5law. Any such prohibited appointment or election is void. This
6Section shall not preclude a member of the county board from
7being selected or from serving as a member of a County
8Extension Board as provided in Section 7 of the County
9Cooperative Extension Law, as a member of an Emergency
10Telephone System Board as provided in Section 15.4 of the
11Emergency Telephone System Act, or as appointed members of the
12board of review as provided in Section 6-30 of the Property Tax
13Code. Nothing in this Act shall be construed to prohibit an
14elected county official from holding elected office in another
15unit of local government so long as there is no contractual
16relationship between the county and the other unit of local
17government. This amendatory Act of 1995 is declarative of
18existing law and is not a new enactment.
19(Source: P.A. 94-617, eff. 8-18-05.)
 
20    (50 ILCS 105/4.7 new)
21    Sec. 4.7. Conflicts with the Public Officer Simultaneous
22Tenure Act. If there is a conflict between the provisions of
23this Act and the provisions of the Public Officer Simultaneous
24Tenure Act, then the provisions of the Public Officer
25Simultaneous Tenure Act shall control.
 

 

 

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1    Section 10. The Public Officer Simultaneous Tenure Act is
2amended by changing Sections 1, 2, and 3 and adding Section 3.5
3as follows:
 
4    (50 ILCS 110/1)  (from Ch. 102, par. 4.10)
5    Sec. 1. Simultaneous tenure prohibited. Legislative
6findings; purpose). In recognition of the responsibility of an
7elected official to fully and faithfully perform the duties of
8his or her elected office, it is the policy of this State to
9prohibit conflicts of interest in the performance of those
10duties. No person may simultaneously serve in an elective
11office of more than one unit of local government if the units
12of local government may tax any of the same services,
13occupations, uses, or property. The General Assembly finds and
14declares that questions raised regarding the legality of
15simultaneously holding the office of county board member and
16township supervisor are unwarranted, and in counties of less
17than 100,000 population such questions regarding the legality
18of simultaneously holding the office of county board member and
19township trustee are unwarranted; that the General Assembly
20viewed the office of township supervisor, and in counties of
21less than 100,000 population the office of township trustee,
22and the office of county board member as compatible; and that
23to settle the question of legality and avoid confusion among
24such counties and townships as may be affected by such

 

 

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1questions it is lawful to hold the office of county board
2member simultaneously with the office of township supervisor,
3and in counties of less than 100,000 population with the office
4of township trustee, in accordance with this Act.
5(Source: P.A. 82-554.)
 
6    (50 ILCS 110/2)  (from Ch. 102, par. 4.11)
7    Sec. 2. Resignation of office. Simultaneous tenure
8declared to be lawful. If a person is elected to or appointed
9to fill a vacancy in an elective office for more than one unit
10of local government in violation of this Act, then, upon
11acceptance of the second office, the person shall be deemed to
12have resigned from and created a vacancy in the first office.
13It is lawful for any person to hold the office of county board
14member and township supervisor, and in counties of less than
15100,000 population the office of county board member and
16township trustee, simultaneously. It is lawful for any person
17to hold the office of county board member and the office of
18township assessor or town clerk, simultaneously, in counties of
19less than 300,000 population.
20(Source: P.A. 90-748, eff. 8-14-98.)
 
21    (50 ILCS 110/3)  (from Ch. 102, par. 4.12)
22    Sec. 3. Validation of actions. If, before the effective
23date of this amendatory Act of the 97th General Assembly, a
24person is not prohibited from serving in an elective office for

 

 

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1more than one unit of local government, then that person may
2continue to serve during the remainder of his or her current
3terms of office and all actions of that person, otherwise in
4accordance with law, are validated. All actions of such person,
5as township supervisor, in counties of less than 100,000
6population as township trustee, or county board member after
7December 1, 1974, which are otherwise in accordance with law,
8are hereby validated.
9(Source: P.A. 82-554.)
 
10    (50 ILCS 110/3.5 new)
11    Sec. 3.5. Conflicts with the Public Officer Prohibited
12Activities Act. If there is a conflict between the provisions
13of this Act and the provisions of the Public Officer Prohibited
14Activities Act, then the provisions of this Act shall
15control.".