|
|
Rep. William Davis
Filed: 11/2/2005
|
|
09400SB0204ham002 |
|
LRB094 05130 JAM 50110 a |
|
|
| 1 |
| AMENDMENT TO SENATE BILL 204
|
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 204, 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 as follows:
|
| 7 |
| (50 ILCS 105/1) (from Ch. 102, par. 1)
|
| 8 |
| Sec. 1. County board. No member of a county board, during |
| 9 |
| the term of
office for which
he or she is elected, may be |
| 10 |
| appointed to, accept, or hold any office other
than (i) |
| 11 |
| chairman of the county board or member of the regional planning
|
| 12 |
| commission by appointment or election of the board of which he |
| 13 |
| or she is a
member, (ii) alderman of a city or member of the |
| 14 |
| board of trustees of a
village or incorporated town if the |
| 15 |
| city, village, or incorporated town has
fewer than 1,000 |
| 16 |
| inhabitants and is located in a county having fewer than
50,000 |
| 17 |
| inhabitants, or (iii) trustee of a forest preserve district |
| 18 |
| created under Section 18.5 of the Conservation District Act, or |
| 19 |
| (iv) community college board member, unless he or she first |
| 20 |
| resigns from the office
of county board
member or unless the |
| 21 |
| holding of another office is authorized by law.
Any such |
| 22 |
| prohibited appointment or election is void. This Section shall |
| 23 |
| not
preclude a member of the county board from being selected |
| 24 |
| or from serving as a member of a County
Extension
Board as |
|
|
|
09400SB0204ham002 |
- 2 - |
LRB094 05130 JAM 50110 a |
|
|
| 1 |
| provided in Section 7 of the County Cooperative Extension Law,
|
| 2 |
| as a member of an Emergency Telephone System Board as provided |
| 3 |
| in Section
15.4 of the Emergency Telephone System Act, or as |
| 4 |
| appointed members of the
board of review as provided in Section |
| 5 |
| 6-30 of the Property Tax Code.
Nothing in this Act shall be |
| 6 |
| construed to prohibit an elected county official
from holding |
| 7 |
| elected office in another unit of local government so long as
|
| 8 |
| there is no contractual relationship between the county and the |
| 9 |
| other unit of
local government. This amendatory Act of 1995 is |
| 10 |
| declarative of existing law
and is not a new enactment.
|
| 11 |
| (Source: P.A. 94-617, eff. 8-18-05.)
|
| 12 |
| Section 10. The Public Officer Simultaneous Tenure Act is |
| 13 |
| amended by changing Sections 1 and 2 as follows:
|
| 14 |
| (50 ILCS 110/1) (from Ch. 102, par. 4.10)
|
| 15 |
| Sec. 1. Legislative findings; purpose). The General |
| 16 |
| Assembly finds and
declares that questions raised regarding the |
| 17 |
| legality of simultaneously
holding the office of county board |
| 18 |
| member and township supervisor are
unwarranted, and in counties |
| 19 |
| of less than 100,000 population such questions
regarding the |
| 20 |
| legality of simultaneously holding the office of county board
|
| 21 |
| member and township trustee are unwarranted;
that the General |
| 22 |
| Assembly viewed the office of township supervisor, and
in |
| 23 |
| counties of less than 100,000 population the office of township |
| 24 |
| trustee,
and the office of county board member as compatible; |
| 25 |
| and that to settle
the question
of legality and avoid confusion |
| 26 |
| among such counties and townships as may
be affected by such |
| 27 |
| questions it is lawful to hold the office of county
board |
| 28 |
| member simultaneously with the office of township supervisor, |
| 29 |
| and
in counties of less than 100,000 population with the office |
| 30 |
| of township
trustee, in accordance with this Act. |
| 31 |
| The General Assembly finds and
declares that questions |
| 32 |
| raised regarding the legality of simultaneously
holding the |
|
|
|
09400SB0204ham002 |
- 3 - |
LRB094 05130 JAM 50110 a |
|
|
| 1 |
| office of county board member and the office of community |
| 2 |
| college board member are
unwarranted;
that the General Assembly |
| 3 |
| views the office of community college board member
and the |
| 4 |
| office of county board member as compatible; and that to settle
|
| 5 |
| questions
of legality and avoid confusion among the counties |
| 6 |
| and community college districts as may
be affected by those |
| 7 |
| questions, it is lawful to simultaneously hold the office of |
| 8 |
| county
board member and the office of community college board |
| 9 |
| member, in accordance with this Act.
|
| 10 |
| (Source: P.A. 82-554.)
|
| 11 |
| (50 ILCS 110/2) (from Ch. 102, par. 4.11)
|
| 12 |
| Sec. 2. Simultaneous tenure declared to be lawful. It is |
| 13 |
| lawful
for any person to hold the office of county board
member |
| 14 |
| and township supervisor, and in counties of less than 100,000 |
| 15 |
| population
the office of county board member and township |
| 16 |
| trustee, simultaneously.
It is lawful for any person to hold |
| 17 |
| the office of county
board member and the office of township |
| 18 |
| assessor
or town clerk, simultaneously, in counties of less |
| 19 |
| than 300,000 population. |
| 20 |
| It is lawful
for any person to simultaneously hold the |
| 21 |
| office of county board
member and the office of community |
| 22 |
| college board member.
|
| 23 |
| (Source: P.A. 90-748, eff. 8-14-98.)
|
| 24 |
| Section 99. Effective date. This Act takes effect July 1, |
| 25 |
| 2006.".
|