HB0566 102ND GENERAL ASSEMBLY

LRB102 10091 AWJ 15412 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0566

Introduced 2/8/2021, by Rep. Sam Yingling

SYNOPSIS AS INTRODUCED:

50 ILCS 105/3.3 new
50 ILCS 105/4	from Ch. 102, par. 4

Amends the Public Officer Prohibited Activities Act. Provides that a unit of local government with taxing authority, or any person holding public office with that unit of local government, shall not use public resources or public funds to obstruct, fight, or challenge initiatives to consolidate, merge, or eliminate any unit of local government. Provides that State moneys shall be withheld from the unit of local government until the obstruction, fighting, or challenge is concluded.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Officer Prohibited Activities Act is amended by changing Section 4 and by adding Section 3.3 as follows:

(50 ILCS 105/3.3 new)

Sec. 3.3. Consolidating, merging, or eliminating units of local government.

(a) Notwithstanding any other provision of law, a unit of local government with taxing authority, or any person holding public office with that unit of local government, shall not use public resources or public funds to obstruct, fight, or challenge initiatives to consolidate, merge, or eliminate any unit of local government.

(b) If a unit of local government with taxing authority, or any person holding public office violates subsection (a) of this Section, then all State moneys, including, but not limited to, moneys from the County and Mass Transit District Fund, Local Government Distributive Fund, Local Government Tax Fund, State and Local Sales Tax Reform Fund, and personal property replacement tax revenues, shall be withheld from the unit of local government until the obstruction, fighting, or challenge by the unit of local government, or public official, is concluded.

(50 ILCS 105/4) (from Ch. 102, par. 4)

Sec. 4. Any alderman, member of a board of trustees, supervisor or county commissioner, or other person holding any office, either by election or appointment under the laws or constitution of this state, who violates any provision of the preceding sections, is guilty of a Class 4 felony and in addition thereto, any office or official position held by any person so convicted shall become vacant, and shall be so declared as part of the judgment of court. This Section does not apply to a violation of subsection (b) of Section 2a or Section 3.3.

(Source: P.A. 100-868, eff. 1-1-19.)