HB2465sam002 96TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/20/2010

09600HB2465sam002 LRB096 08654 RLJ 40177 a

AMENDMENT TO HOUSE BILL 2465

AMENDMENT NO. ______. Amend House Bill 2465 by replacing everything after the enacting clause with the following:

"Section 5. The Local Governmental Employees Political Rights Act is amended by changing Section 12 as follows:

(50 ILCS 135/12)

Sec. 12. Elective and appointed office.

(a) Notwithstanding any other law to the contrary, a A member of any fire department, or fire protection district, police department, or sheriff's department may:

(1) be a candidate for elective public office and serve in that public office if elected;

(2) be appointed to any public office and serve in that public office if appointed; and

(3) as long as the member is not in uniform and not on duty, solicit votes and campaign funds and challenge voters for the public office for which the member is a candidate.

(b) A firefighter, police officer, or sheriff's deputy who is elected to the Illinois General Assembly shall, upon written application to the employer, be granted a leave of absence without compensation during his or her term of office.

(c) Notwithstanding any other law to the contrary, if a police officer or sheriff's deputy is elected or appointed to elective public office in the political subdivision that employs the police officer or sheriff's deputy, then he or she may not vote on any collective bargaining agreement that covers the official as an employee of the political subdivision. When an elected official may take official action on a matter as to which he or she has a conflict situation created by his or her employment by the political subdivision, he or she should consider the possibility of eliminating the interest creating the conflict situation. If eliminating the interest is not feasible, then he or she should consider the possibility of abstaining from such official action. If he or she abstains or takes official action on a matter, he or she should disclose that conflict situation to his or her respective body; in such decisions, the official should serve the public interest. No police officer or sheriff's deputy may serve, in his or her capacity as an public official, as a member of a civil service or merit commission responsible for personnel decisions in the police or sheriff's department that employs the police officer or sheriff's deputy.

(Source: P.A. 94-316, eff. 7-25-05; 95-142, eff. 8-13-07.)

Section 99. Effective date. This Act takes effect upon becoming law.".