Full Text of HB3422 102nd General Assembly
HB3422 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3422 Introduced 2/22/2021, by Rep. Sam Yingling SYNOPSIS AS INTRODUCED: |
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50 ILCS 105/2a | from Ch. 102, par. 2a |
50 ILCS 105/4 | from Ch. 102, par. 4 |
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Amends the Public Officer Prohibited Activities Act. Provides that, if a person holds both an elected county office in a county with a population of 500,000 or more and an elected township office, they are prohibited from collecting a salary and benefits from both positions and may only collect the salary and benefits from the office with the lowest salary of the 2 positions. Excludes a violation from provisions in the Act making the violation a Class 4 felony.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3422 | | LRB102 14608 AWJ 19961 b |
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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 changing Sections 2a and 4 as follows:
| 6 | | (50 ILCS 105/2a) (from Ch. 102, par. 2a)
| 7 | | Sec. 2a. Township officials. | 8 | | (a) No township
supervisor or trustee, during the term of | 9 | | office for which he or
she is elected, may accept, be appointed | 10 | | to, or hold any office
by the appointment of the board of | 11 | | township trustees unless he or
she first resigns from the | 12 | | office of supervisor or trustee or
unless the appointment is | 13 | | specifically authorized by law. A
supervisor or trustee may, | 14 | | however, serve as a volunteer firefighter
and receive | 15 | | compensation for that service. Any appointment in
violation of | 16 | | this Section is void.
Nothing in this Act shall be construed to | 17 | | prohibit an elected township
official from holding elected | 18 | | office in another unit of local government as
long as there is | 19 | | no contractual relationship between the township and the other
| 20 | | unit of local government. This amendatory Act of 1995 is | 21 | | declarative of
existing law and is not a new enactment. | 22 | | (b) On and after the effective date of this amendatory Act | 23 | | of the 100th General Assembly, a person elected to or |
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| 1 | | appointed to fill a vacancy in an elected township position, | 2 | | including, but not limited to, a trustee, a supervisor, a | 3 | | highway commissioner, a clerk, an assessor, or a collector, | 4 | | shall not be employed by the township, except that a | 5 | | supervisor or trustee may serve as a volunteer firefighter
and | 6 | | receive compensation for that service as provided in | 7 | | subsection (a).
| 8 | | (c) If a person holds both an elected county office in a | 9 | | county with a population of 500,000 or more and an elected | 10 | | township office, they are prohibited from collecting a salary | 11 | | and benefits from both positions. The person may only collect | 12 | | the salary and benefits from the office with the lowest salary | 13 | | of the 2 positions. | 14 | | (Source: P.A. 100-868, eff. 1-1-19 .)
| 15 | | (50 ILCS 105/4) (from Ch. 102, par. 4)
| 16 | | Sec. 4.
Any alderman, member of a board of trustees, | 17 | | supervisor or county
commissioner, or other person holding any | 18 | | office, either by election or
appointment under the laws or | 19 | | constitution of this state, who violates any
provision of the | 20 | | preceding sections, is guilty of a Class 4 felony and in
| 21 | | addition thereto, any office or official position held by any | 22 | | person so
convicted shall become vacant, and shall be so | 23 | | declared as part of the
judgment of court. This Section does | 24 | | not apply to a violation of subsection (b) or (c) of Section | 25 | | 2a.
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| 1 | | (Source: P.A. 100-868, eff. 1-1-19 .)
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