Sen. Don Harmon

Filed: 5/1/2012

 

 


 

 


 
09700HB5078sam002LRB097 16349 JWD 69094 a

1
AMENDMENT TO HOUSE BILL 5078

2    AMENDMENT NO. ______. Amend House Bill 5078 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 as follows:
 
6    (50 ILCS 105/1)  (from Ch. 102, par. 1)
7    Sec. 1. County board. An elected county official may not
8hold elected office in another unit of local government, if
9there is a disqualifying contractual relationship between the
10county and the other unit of local government. A disqualifying
11contractual relationship is a contractual relationship that is
12not available to other units of local government in that
13county. A general contractual relationship that is available to
14other units of local government in that county, including but
15not limited to contracts involving Homeland Security programs,
16emergency management and assistance, storm water management

 

 

09700HB5078sam002- 2 -LRB097 16349 JWD 69094 a

1and assistance, environmental protection or enhancement,
2energy conservation programs, mutual aid agreements regarding
3crime prevention or law enforcement activities, or any grants
4that are administered by a county or unit of local government
5funded by either the federal or State government, is not a
6disqualifying contractual relationship. No member of a county
7board, during the term of office for which he or she is
8elected, may be appointed to, accept, or hold any office other
9than (i) chairman of the county board or member of the regional
10planning commission by appointment or election of the board of
11which he or she is a member, (ii) alderman of a city or member
12of the board of trustees of a village or incorporated town if
13the city, village, or incorporated town has fewer than 1,000
14inhabitants and is located in a county having fewer than 50,000
15inhabitants, or (iii) trustee of a forest preserve district
16created under Section 18.5 of the Conservation District Act,
17unless he or she first resigns from the office of county board
18member or unless the holding of another office is authorized by
19law. Any such prohibited appointment or election is void. This
20Section shall not preclude a member of the county board from
21being selected or from serving as a member of a County
22Extension Board as provided in Section 7 of the County
23Cooperative Extension Law, as a member of an Emergency
24Telephone System Board as provided in Section 15.4 of the
25Emergency Telephone System Act, or as appointed members of the
26board of review as provided in Section 6-30 of the Property Tax

 

 

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1Code. Nothing in this Act shall be construed to prohibit an
2elected county official from holding elected office in another
3unit of local government unless there is a disqualifying so
4long as there is no contractual relationship between the county
5and the other unit of local government. This amendatory Act of
61995 is declarative of existing law and is not a new enactment.
7    On or after the effective date of this amendatory Act of
8the 97th General Assembly, any individual who holds elected
9office in a unit of local government may not enter into an
10additional elected office in another unit of local government
11if he or she is: (i) earning service credit under the Illinois
12Pension Code as a result of holding the first elected office
13and (ii) will earn service credit under the Illinois Pension
14Code as a result of simultaneously holding the second elected
15office.
16(Source: P.A. 94-617, eff. 8-18-05.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".