SB3332sam001 97TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/1/2012

09700SB3332sam001 LRB097 19660 KMW 66943 a

AMENDMENT TO SENATE BILL 3332

AMENDMENT NO. ______. Amend Senate Bill 3332 by replacing everything after the enacting clause with the following:

"Section 5. The Public Officer Prohibited Activities Act is amended by changing Section 1 and by adding Section 0.05 as follows:

(50 ILCS 105/0.05 new)

Sec. 0.05. Legislative findings. The General Assembly finds and declares that questions raised regarding the legality of simultaneously holding the office of county board member and elected office of another unit of local government are unwarranted; that the General Assembly viewed the elected office of another unit of local government and the office of county board member as compatible; and that to settle the question of legality and avoid confusion among such counties and other units of local government as may be affected by such questions it is lawful to hold the office of county board member simultaneously with an elected office of another unit of local government, in accordance with this Act.

(50 ILCS 105/1) (from Ch. 102, par. 1)

Sec. 1. County board. An elected county official may hold elected office in another unit of local government, as long as there is no disqualifying contractual relationship between the county and the other unit of local government. A disqualifying contractual relationship is a contractual relationship that is not available to other units of local government in that county. A general contractual relationship that is available to other units of local government in that county, including but not limited to contracts involving Homeland Security programs, emergency management and assistance, storm water management and assistance, environmental protection or enhancement, energy conservation programs, mutual aid agreements regarding crime prevention or law enforcement activities, or any grants that are administered by a county or unit of local government funded by either the federal or State government, is not a disqualifying contractual relationship, and an elected county official may hold elected office in another unit of local government, provided that the elected county official shall not vote on the proposition for entering into the general contractual relationship in his or her capacity as an elected county official or an elected officer of a unit of local government. Except as otherwise provided in this Act, if there is a disqualifying contractual relationship between the county and the other unit of local government, then no No member of a county board, during the term of office for which he or she is elected, unless he or she first resigns from the office of county board member or unless the holding of another office is authorized by law, may be appointed to, accept, or hold any other office. Any such prohibited appointment or election is void. Notwithstanding the above, any county board member may be appointed to, accept, or hold the office of any office other than (i) chairman of the county board or member of the regional planning commission by appointment or election of the board of which he or she is a member, (ii) alderman of a city or member of the board of trustees of a village or incorporated town if the city, village, or incorporated town has fewer than 1,000 inhabitants and is located in a county having fewer than 50,000 inhabitants, or (iii) trustee of a forest preserve district created under Section 18.5 of the Conservation District Act, unless he or she first resigns from the office of county board member or unless the holding of another office is authorized by law. Any such prohibited appointment or election is void. This Section shall not preclude a member of the county board from being selected or from serving as a member of a County Extension Board as provided in Section 7 of the County Cooperative Extension Law, as a member of an Emergency Telephone System Board as provided in Section 15.4 of the Emergency Telephone System Act, or as appointed members of the board of review as provided in Section 6-30 of the Property Tax Code. Nothing in this Act shall be construed to prohibit an elected county official from holding elected office in another unit of local government so long as there is no contractual relationship between the county and the other unit of local government. Public Act 89-89 and this amendatory Act of the 97th General Assembly are This amendatory Act of 1995 is declarative of existing law and are is not a new enactments enactment.

(Source: P.A. 94-617, eff. 8-18-05.)

Section 10. The Public Officer Simultaneous Tenure Act is amended by changing Section 1 and by adding Sections 4 and 5 as follows:

(50 ILCS 110/1) (from Ch. 102, par. 4.10)

Sec. 1. Legislative findings; purpose). The General Assembly finds and declares that questions raised regarding the legality of simultaneously holding the office of county board member and township supervisor or elected office of another unit of local government are unwarranted, and in counties of less than 100,000 population such questions regarding the legality of simultaneously holding the office of county board member and township trustee are unwarranted; that the General Assembly viewed the office of township supervisor or elected office of another unit of local government, and in counties of less than 100,000 population the office of township trustee, and the office of county board member as compatible; and that to settle the question of legality and avoid confusion among such counties and townships as may be affected by such questions it is lawful to hold the office of county board member simultaneously with the office of township supervisor or elected office of another unit of local government, and in counties of less than 100,000 population with the office of township trustee, in accordance with this Act.

(Source: P.A. 82-554.)

(50 ILCS 110/4 new)

Sec. 4. Simultaneous tenure declared to be lawful. An elected county official, including but not limited to an elected county board member, may simultaneously serve as an elected official in another unit of local government, as long as there is no disqualifying contractual relationship between the county and the other unit of local government. A disqualifying contractual relationship is a contractual relationship that is not available to other units of local government in that county. A general contractual relationship that is available to other units of local government in that county, including but not limited to contracts involving Homeland Security programs, emergency management and assistance, storm water management and assistance, environmental protection or enhancement, energy conservation programs, mutual aid agreements regarding crime prevention or law enforcement activities, or any grants that are administered by a county or unit of local government funded by either the federal or State government, is not a disqualifying contractual relationship, and an elected county official may hold elected office in another unit of local government, provided that the elected county official shall not vote on the proposition for entering into the general contractual relationship in his or her capacity as an elected county official or an elected officer of a unit of local government.

(50 ILCS 110/5 new)

Sec. 5. Actions of elected official. All actions of a person, as an elected official of another unit of local government or county board member, that are otherwise in accordance with law, are hereby validated.

Section 99. Effective date. This Act takes effect upon becoming law.".