Full Text of SB2183 103rd General Assembly
SB2183 103RD GENERAL ASSEMBLY |
| | 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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Officer Prohibited Activities Act is | 5 | | amended by by changing Sections 1, 2, and 2a and by adding | 6 | | Section 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, | 9 | | no No member of a county board, during the term of
office for | 10 | | which
he or she is elected, may be appointed to, accept, or | 11 | | hold any office other
than (i) chairman of the county board or | 12 | | member of the regional planning
commission by appointment or | 13 | | election of the board of which he or she is a
member or , (ii) | 14 | | alderperson of a city or member of the board of trustees of a
| 15 | | village or incorporated town if the city, village, or | 16 | | incorporated town has
fewer than 1,000 inhabitants and is | 17 | | located in a county having fewer than
50,000 inhabitants, or | 18 | | (iii) trustee of a forest preserve district created under | 19 | | Section 18.5 of the Conservation District Act, unless he or | 20 | | she first resigns from the office
of county board
member or | 21 | | unless the holding of another office is authorized by law.
Any | 22 | | such prohibited appointment or election is void. This Section | 23 | | shall not
preclude a member of the county board from being |
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| 1 | | appointed or selected to serve as (i) a member of a County
| 2 | | Extension
Board as provided in Section 7 of the County | 3 | | Cooperative Extension Law, (ii)
a member of an Emergency | 4 | | Telephone System Board as provided in Section
15.4 of the | 5 | | Emergency Telephone System Act, (iii) a member of the
board of | 6 | | review as provided in Section 6-30 of the Property Tax Code, or | 7 | | (iv) a public administrator or public guardian as provided in | 8 | | Section 13-1 of the Probate Act of 1975.
Nothing in this Act | 9 | | shall be construed to prohibit an elected county official
from | 10 | | holding elected office in another unit of local government so | 11 | | long as
there is no contractual relationship between the | 12 | | county and the other unit of
local government. This amendatory | 13 | | Act of 1995 is declarative of existing law
and is not a new | 14 | | enactment.
| 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 | 18 | | provision of law, a resident of a county having fewer than | 19 | | 50,000 inhabitants is not prohibited from serving | 20 | | simultaneously on the governing bodies of more than one State | 21 | | or 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 | 24 | | alderperson of any city, or member of the board of trustees of
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| 1 | | any village, during the term of office for which he or she is | 2 | | elected, may
accept, be appointed to, or hold any office by the | 3 | | appointment of the mayor
or president of the board of | 4 | | trustees, unless the alderperson or board member
is granted a | 5 | | leave of absence from such office, or unless he or she first
| 6 | | resigns from the office of alderperson or member of the board | 7 | | of trustees,
or unless the holding of another office is | 8 | | authorized by law. The alderperson
or board member may, | 9 | | however, serve as a volunteer fireman and
receive compensation | 10 | | for that service. The alderperson may also serve as a | 11 | | commissioner of the Beardstown Regional Flood Prevention | 12 | | District board. Any appointment in violation of this
Section | 13 | | is void.
Nothing in this Act shall be construed to prohibit an | 14 | | elected municipal
official from holding elected office in | 15 | | another unit of local government as
long as there is no | 16 | | contractual relationship between the municipality and the
| 17 | | other unit of local government. This amendatory Act of 1995 is | 18 | | declarative 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
| 23 | | supervisor or trustee, during the term of office for which he | 24 | | or
she is elected, may accept, be appointed to, or hold any | 25 | | office
by the appointment of the board of township trustees |
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| 1 | | unless he or
she first resigns from the office of supervisor or | 2 | | trustee or
unless the appointment is specifically authorized | 3 | | by law. A
supervisor or trustee may, however, serve as a | 4 | | volunteer firefighter
and receive compensation for that | 5 | | service. Any appointment in
violation of this Section is void.
| 6 | | Nothing in this Act shall be construed to prohibit an elected | 7 | | township
official from holding elected office in another unit | 8 | | of local government as
long as there is no contractual | 9 | | relationship between the township and the other
unit of local | 10 | | government. This amendatory Act of 1995 is declarative of
| 11 | | existing law and is not a new enactment. | 12 | | (b) Except as provided in Section 1.4, On and after the | 13 | | effective date of this amendatory Act of the 100th General | 14 | | Assembly, a person elected to or appointed to fill a vacancy in | 15 | | an elected township position, including, but not limited to, a | 16 | | trustee, a supervisor, a highway commissioner, a clerk, an | 17 | | assessor, or a collector, shall not be employed by the | 18 | | township, except that a supervisor or trustee may serve as a | 19 | | volunteer firefighter
and receive compensation for that | 20 | | service as provided in subsection (a).
| 21 | | (Source: P.A. 100-868, eff. 1-1-19 .)
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