103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2183

 

Introduced 2/10/2023, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 105/1  from Ch. 102, par. 1
50 ILCS 105/1.4 new
50 ILCS 105/2  from Ch. 102, par. 2
50 ILCS 105/2a  from Ch. 102, par. 2a

    Amends the Public Officer Prohibited Activities Act. Provides that a resident of a county having fewer than 50,000 inhabitants is not prohibited from serving simultaneously on the governing bodies of more than one State or local governmental unit. Makes conforming changes.


LRB103 30596 AMC 57036 b

 

 

A BILL FOR

 

SB2183LRB103 30596 AMC 57036 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Officer Prohibited Activities Act is
5amended by by changing Sections 1, 2, and 2a and by adding
6Section 1.4 as follows:
 
7    (50 ILCS 105/1)  (from Ch. 102, par. 1)
8    Sec. 1. County board. Except as provided in Section 1.4,
9no No member of a county board, during the term of office for
10which he or she is elected, may be appointed to, accept, or
11hold any office other than (i) chairman of the county board or
12member of the regional planning commission by appointment or
13election of the board of which he or she is a member or , (ii)
14alderperson of a city or member of the board of trustees of a
15village or incorporated town if the city, village, or
16incorporated town has fewer than 1,000 inhabitants and is
17located in a county having fewer than 50,000 inhabitants, or
18(iii) trustee of a forest preserve district created under
19Section 18.5 of the Conservation District Act, unless he or
20she first resigns from the office of county board member or
21unless the holding of another office is authorized by law. Any
22such prohibited appointment or election is void. This Section
23shall not preclude a member of the county board from being

 

 

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1appointed or selected to serve as (i) a member of a County
2Extension Board as provided in Section 7 of the County
3Cooperative Extension Law, (ii) a member of an Emergency
4Telephone System Board as provided in Section 15.4 of the
5Emergency Telephone System Act, (iii) a member of the board of
6review as provided in Section 6-30 of the Property Tax Code, or
7(iv) a public administrator or public guardian as provided in
8Section 13-1 of the Probate Act of 1975. Nothing in this Act
9shall be construed to prohibit an elected county official from
10holding elected office in another unit of local government so
11long as there is no contractual relationship between the
12county and the other unit of local government. This amendatory
13Act of 1995 is declarative of existing law and is not a new
14enactment.
15(Source: P.A. 102-15, eff. 6-17-21.)
 
16    (50 ILCS 105/1.4 new)
17    Sec. 1.4. Simultaneous service. Notwithstanding any other
18provision of law, a resident of a county having fewer than
1950,000 inhabitants is not prohibited from serving
20simultaneously on the governing bodies of more than one State
21or local governmental unit.
 
22    (50 ILCS 105/2)  (from Ch. 102, par. 2)
23    Sec. 2. Except as provided in Section 1.4, no No
24alderperson of any city, or member of the board of trustees of

 

 

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1any village, during the term of office for which he or she is
2elected, may accept, be appointed to, or hold any office by the
3appointment of the mayor or president of the board of
4trustees, unless the alderperson or board member is granted a
5leave of absence from such office, or unless he or she first
6resigns from the office of alderperson or member of the board
7of trustees, or unless the holding of another office is
8authorized by law. The alderperson or board member may,
9however, serve as a volunteer fireman and receive compensation
10for that service. The alderperson may also serve as a
11commissioner of the Beardstown Regional Flood Prevention
12District board. Any appointment in violation of this Section
13is void. Nothing in this Act shall be construed to prohibit an
14elected municipal official from holding elected office in
15another unit of local government as long as there is no
16contractual relationship between the municipality and the
17other unit of local government. This amendatory Act of 1995 is
18declarative of existing law and is not a new enactment.
19(Source: P.A. 102-15, eff. 6-17-21.)
 
20    (50 ILCS 105/2a)  (from Ch. 102, par. 2a)
21    Sec. 2a. Township officials.
22    (a) Except as provided in Section 1.4, no No township
23supervisor or trustee, during the term of office for which he
24or she is elected, may accept, be appointed to, or hold any
25office by the appointment of the board of township trustees

 

 

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1unless he or she first resigns from the office of supervisor or
2trustee or unless the appointment is specifically authorized
3by law. A supervisor or trustee may, however, serve as a
4volunteer firefighter and receive compensation for that
5service. Any appointment in violation of this Section is void.
6Nothing in this Act shall be construed to prohibit an elected
7township official from holding elected office in another unit
8of local government as long as there is no contractual
9relationship between the township and the other unit of local
10government. This amendatory Act of 1995 is declarative of
11existing law and is not a new enactment.
12    (b) Except as provided in Section 1.4, On and after the
13effective date of this amendatory Act of the 100th General
14Assembly, a person elected to or appointed to fill a vacancy in
15an elected township position, including, but not limited to, a
16trustee, a supervisor, a highway commissioner, a clerk, an
17assessor, or a collector, shall not be employed by the
18township, except that a supervisor or trustee may serve as a
19volunteer firefighter and receive compensation for that
20service as provided in subsection (a).
21(Source: P.A. 100-868, eff. 1-1-19.)