Illinois General Assembly - Full Text of HB5622
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Full Text of HB5622  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/9/2024, by Rep. Barbara Hernandez


50 ILCS 105/1.1  from Ch. 102, par. 1.1
50 ILCS 105/2a  from Ch. 102, par. 2a
50 ILCS 105/4  from Ch. 102, par. 4
50 ILCS 110/2  from Ch. 102, par. 4.11

    Amends the Public Officer Prohibited Activities Act. Provides that, in a township in a county with a population equal to or greater than 600,000, a person may not simultaneously hold an elected township office and another local elected office. Makes conforming changes in the Public Officer Prohibited Activities Act and Public Officer Simultaneous Tenure Act.

LRB103 39107 AWJ 69247 b





HB5622LRB103 39107 AWJ 69247 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 Sections 1.1, 2a, and 4 as follows:
6    (50 ILCS 105/1.1)  (from Ch. 102, par. 1.1)
7    Sec. 1.1. A member of the county board in a county having
8fewer than 600,000 550,000 inhabitants, during the term of
9office for which the member he is elected, may also hold the
10office of township highway commissioner.
11(Source: P.A. 86-1330.)
12    (50 ILCS 105/2a)  (from Ch. 102, par. 2a)
13    Sec. 2a. Township officials.
14    (a) No township supervisor or trustee, during the term of
15office for which he or she is elected, may accept, be appointed
16to, or hold any office by the appointment of the board of
17township trustees unless he or she first resigns from the
18office of supervisor or trustee or unless the appointment is
19specifically authorized by law. A supervisor or trustee may,
20however, serve as a volunteer firefighter and receive
21compensation for that service. Any appointment in violation of
22this Section is void. Nothing in this Act shall be construed to



HB5622- 2 -LRB103 39107 AWJ 69247 b

1prohibit an elected township official from holding elected
2office in another unit of local government as long as there is
3no contractual relationship between the township and the other
4unit of local government. This amendatory Act of 1995 is
5declarative of existing law and is not a new enactment.
6    (b) On and after the effective date of this amendatory Act
7of the 100th General Assembly, a person elected to or
8appointed to fill a vacancy in an elected township position,
9including, but not limited to, a trustee, a supervisor, a
10highway commissioner, a clerk, an assessor, or a collector,
11shall not be employed by the township, except that a
12supervisor or trustee may serve as a volunteer firefighter and
13receive compensation for that service as provided in
14subsection (a).
15    (c) In a township in a county with a population equal to or
16greater than 600,000, a person may not simultaneously hold an
17elected township office and another local elected office.
18(Source: P.A. 100-868, eff. 1-1-19.)
19    (50 ILCS 105/4)  (from Ch. 102, par. 4)
20    Sec. 4. Any alderperson, member of a board of trustees,
21supervisor or county commissioner, or other person holding any
22office, either by election or appointment under the laws or
23constitution of this state, who violates any provision of the
24preceding sections, is guilty of a Class 4 felony and in
25addition thereto, any office or official position held by any



HB5622- 3 -LRB103 39107 AWJ 69247 b

1person so convicted shall become vacant, and shall be so
2declared as part of the judgment of court. This Section does
3not apply to a violation of subsection (b) or (c) of Section
5(Source: P.A. 102-15, eff. 6-17-21.)
6    Section 10. The Public Officer Simultaneous Tenure Act is
7amended by changing Section 2 as follows:
8    (50 ILCS 110/2)  (from Ch. 102, par. 4.11)
9    Sec. 2. Simultaneous tenure declared to be lawful. It is
10lawful for any person to hold the office of county board member
11and township supervisor in counties with a population under
12600,000, and, in counties of less than 100,000 population, the
13office of county board member and township trustee,
14simultaneously. It is lawful for any person to hold the office
15of county board member and the office of township assessor or
16town clerk, simultaneously, in counties of less than 300,000
18(Source: P.A. 90-748, eff. 8-14-98.)