Full Text of HB5078 97th General Assembly
HB5078sam003 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/22/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5078
| 2 | | AMENDMENT NO. ______. Amend House Bill 5078, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Public Officer Prohibited Activities Act is | 6 | | amended by changing Section 1 and by adding Section 1.4 as | 7 | | follows:
| 8 | | (50 ILCS 105/1) (from Ch. 102, par. 1)
| 9 | | Sec. 1. County board. No member of a county board, during | 10 | | the term of
office for which
he or she is elected, may be | 11 | | appointed to, accept, or hold any office by appointment of the | 12 | | county board chairman, with the advice and consent of the | 13 | | county board, or by election of the county board of which he or | 14 | | she is a member other
than : (i) chairman of the county board , | 15 | | (ii) or member of the regional planning
commission by | 16 | | appointment or election of the board of which he or she is a
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| 1 | | member, (ii) alderman of a city or member of the board of | 2 | | trustees of a
village or incorporated town if the city, | 3 | | village, or incorporated town has
fewer than 1,000 inhabitants | 4 | | and is located in a county having fewer than
50,000 | 5 | | inhabitants , or (iii) trustee of a forest preserve district | 6 | | created under Section 18.5 of the Conservation District Act, | 7 | | unless he or she first resigns from the office
of county board
| 8 | | member or unless the holding of another office is authorized by | 9 | | law.
Any such prohibited appointment or election is void. This | 10 | | Section shall not
preclude a member of the county board from | 11 | | being selected or from serving as a member of a County
| 12 | | Extension
Board as provided in Section 7 of the County | 13 | | Cooperative Extension Law,
as a member of an Emergency | 14 | | Telephone System Board as provided in Section
15.4 of the | 15 | | Emergency Telephone System Act, or as appointed members of the
| 16 | | board of review as provided in Section 6-30 of the Property Tax | 17 | | Code.
Nothing in this Act shall be construed to prohibit an | 18 | | elected county official
from holding elected office in another | 19 | | unit of local government so long as
there is no contractual | 20 | | relationship between the county and the other unit of
local | 21 | | government. This amendatory Act of 1995 is declarative of | 22 | | existing law
and is not a new enactment.
| 23 | | (Source: P.A. 94-617, eff. 8-18-05.)
| 24 | | (50 ILCS 105/1.4 new) | 25 | | Sec. 1.4. Elected officials; other offices. |
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| 1 | | An elected county board member may serve as: (i) an elected | 2 | | mayor of a city or an elected president of the board of | 3 | | trustees of a village or incorporated town or (ii) an elected | 4 | | alderman of a city or an elected member of the board of | 5 | | trustees of a village or incorporated town, provided that the | 6 | | elected county board member and elected municipal officer must | 7 | | abstain from acting, voting, sponsoring, discussing, or | 8 | | participating in any way in the consideration of any specific | 9 | | contract or agreement between the county and the city, village, | 10 | | or incorporated town or in any other matter in which the | 11 | | interests of the county and the city, village, or incorporated | 12 | | town may conflict. County board members and municipal officers | 13 | | are not disqualified from acting on, voting on, sponsoring, | 14 | | discussing, or participating in the adoption of the county's or | 15 | | municipality's annual appropriations ordinance. | 16 | | On or after the effective date of this amendatory Act of | 17 | | the 97th General Assembly, any individual who holds elected | 18 | | office in a unit of local government may not first enter into | 19 | | an additional elected office in another unit of local | 20 | | government if he or she is: (i) earning service credit under | 21 | | the Illinois Pension Code as a result of holding the first | 22 | | elected office and (ii) will earn service credit under the | 23 | | Illinois Pension Code as a result of simultaneously holding the | 24 | | second elected office.
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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