97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1683

 

Introduced 2/9/2011, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 105/1  from Ch. 102, par. 1
50 ILCS 105/4.7 new
50 ILCS 110/1  from Ch. 102, par. 4.10
50 ILCS 110/2  from Ch. 102, par. 4.11
50 ILCS 110/3  from Ch. 102, par. 4.12
50 ILCS 110/3.5 new

    Amends the Public Officer Simultaneous Tenure Act. Provides that no person may simultaneously serve in an elective office of more than one unit of local government if the units of local government may tax any of the same services, occupations, uses, or property. Provides that, if a person is elected to or appointed to fill a vacancy in an elective office for more than one unit of local government with the power to tax any of the same services, occupations, uses, or property, then, upon acceptance of the second office, the person shall be deemed to have resigned from and created a vacancy in the first office. Amends the Public Officer Prohibited Activities Act. Provides that if there is a conflict between the provisions of the Act and the provisions of the Public Officer Simultaneous Tenure Act, then the provisions of the Public Officer Simultaneous Tenure Act shall control.


LRB097 00151 RLJ 40163 b

 

 

A BILL FOR

 

SB1683LRB097 00151 RLJ 40163 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 changing Section 1 and adding Section 4.7 as
6follows:
 
7    (50 ILCS 105/1)  (from Ch. 102, par. 1)
8    Sec. 1. County board. No member of a county board, during
9the term of office for which he or she is elected, may be
10appointed to, accept, or hold any office other than (i)
11chairman of the county board or member of the regional planning
12commission by appointment or election of the board of which he
13or she is a member or (ii) , (ii) alderman of a city or member
14of the board of trustees of a village or incorporated town if
15the city, village, or incorporated town has fewer than 1,000
16inhabitants and is located in a county having fewer than 50,000
17inhabitants, or (iii) trustee of a forest preserve district
18created under Section 18.5 of the Conservation District Act,
19unless he or she first resigns from the office of county board
20member or unless the holding of another office is authorized by
21law. Any such prohibited appointment or election is void. This
22Section shall not preclude a member of the county board from
23being selected or from serving as a member of a County

 

 

SB1683- 2 -LRB097 00151 RLJ 40163 b

1Extension Board as provided in Section 7 of the County
2Cooperative Extension Law, as a member of an Emergency
3Telephone System Board as provided in Section 15.4 of the
4Emergency Telephone System Act, or as appointed members of the
5board of review as provided in Section 6-30 of the Property Tax
6Code. Nothing in this Act shall be construed to prohibit an
7elected county official from holding elected office in another
8unit of local government so long as there is no contractual
9relationship between the county and the other unit of local
10government. This amendatory Act of 1995 is declarative of
11existing law and is not a new enactment.
12(Source: P.A. 94-617, eff. 8-18-05.)
 
13    (50 ILCS 105/4.7 new)
14    Sec. 4.7. Conflicts with the Public Officer Simultaneous
15Tenure Act. If there is a conflict between the provisions of
16this Act and the provisions of the Public Officer Simultaneous
17Tenure Act, then the provisions of the Public Officer
18Simultaneous Tenure Act shall control.
 
19    Section 10. The Public Officer Simultaneous Tenure Act is
20amended by changing Sections 1, 2, and 3 and adding Section 3.5
21as follows:
 
22    (50 ILCS 110/1)  (from Ch. 102, par. 4.10)
23    Sec. 1. Simultaneous tenure prohibited. Legislative

 

 

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1findings; purpose). In recognition of the responsibility of an
2elected official to fully and faithfully perform the duties of
3his or her elected office, it is the policy of this State to
4prohibit conflicts of interest in the performance of those
5duties. No person may simultaneously serve in an elective
6office of more than one unit of local government if the units
7of local government may tax any of the same services,
8occupations, uses, or property. The General Assembly finds and
9declares that questions raised regarding the legality of
10simultaneously holding the office of county board member and
11township supervisor are unwarranted, and in counties of less
12than 100,000 population such questions regarding the legality
13of simultaneously holding the office of county board member and
14township trustee are unwarranted; that the General Assembly
15viewed the office of township supervisor, and in counties of
16less than 100,000 population the office of township trustee,
17and the office of county board member as compatible; and that
18to settle the question of legality and avoid confusion among
19such counties and townships as may be affected by such
20questions it is lawful to hold the office of county board
21member simultaneously with the office of township supervisor,
22and in counties of less than 100,000 population with the office
23of township trustee, in accordance with this Act.
24(Source: P.A. 82-554.)
 
25    (50 ILCS 110/2)  (from Ch. 102, par. 4.11)

 

 

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1    Sec. 2. Resignation of office. Simultaneous tenure
2declared to be lawful. If a person is elected to or appointed
3to fill a vacancy in an elective office for more than one unit
4of local government in violation of this Act, then, upon
5acceptance of the second office, the person shall be deemed to
6have resigned from and created a vacancy in the first office.
7It is lawful for any person to hold the office of county board
8member and township supervisor, and in counties of less than
9100,000 population the office of county board member and
10township trustee, simultaneously. It is lawful for any person
11to hold the office of county board member and the office of
12township assessor or town clerk, simultaneously, in counties of
13less than 300,000 population.
14(Source: P.A. 90-748, eff. 8-14-98.)
 
15    (50 ILCS 110/3)  (from Ch. 102, par. 4.12)
16    Sec. 3. Validation of actions. If, before the effective
17date of this amendatory Act of the 97th General Assembly, a
18person is not prohibited from serving in an elective office for
19more than one unit of local government, then that person may
20continue to serve during the remainder of his or her current
21terms of office and all actions of that person, otherwise in
22accordance with law, are validated. All actions of such person,
23as township supervisor, in counties of less than 100,000
24population as township trustee, or county board member after
25December 1, 1974, which are otherwise in accordance with law,

 

 

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1are hereby validated.
2(Source: P.A. 82-554.)
 
3    (50 ILCS 110/3.5 new)
4    Sec. 3.5. Conflicts with the Public Officer Prohibited
5Activities Act. If there is a conflict between the provisions
6of this Act and the provisions of the Public Officer Prohibited
7Activities Act, then the provisions of this Act shall control.