SB1683 97TH GENERAL ASSEMBLY

LRB097 00151 RLJ 40163 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1683

Introduced 2/9/2011, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

50 ILCS 105/1	from Ch. 102, par. 1
50 ILCS 105/4.7 new
50 ILCS 110/1	from Ch. 102, par. 4.10
50 ILCS 110/2	from Ch. 102, par. 4.11
50 ILCS 110/3	from Ch. 102, par. 4.12
50 ILCS 110/3.5 new

Amends the Public Officer Simultaneous Tenure Act. Provides that no person may simultaneously serve in an elective office of more than one unit of local government if the units of local government may tax any of the same services, occupations, uses, or property. Provides that, if a person is elected to or appointed to fill a vacancy in an elective office for more than one unit of local government with the power to tax any of the same services, occupations, uses, or property, then, upon acceptance of the second office, the person shall be deemed to have resigned from and created a vacancy in the first office. Amends the Public Officer Prohibited Activities Act. Provides that if there is a conflict between the provisions of the Act and the provisions of the Public Officer Simultaneous Tenure Act, then the provisions of the Public Officer Simultaneous Tenure Act shall control.

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 1 and adding Section 4.7 as follows:

(50 ILCS 105/1) (from Ch. 102, par. 1)

Sec. 1. County board. No member of a county board, during the term of office for which he or she is elected, may be appointed to, accept, or hold any office other than (i) chairman of the county board or member of the regional planning commission by appointment or election of the board of which he or she is a member or (ii) , (ii) alderman of a city or member of the board of trustees of a village or incorporated town if the city, village, or incorporated town has fewer than 1,000 inhabitants and is located in a county having fewer than 50,000 inhabitants, or (iii) trustee of a forest preserve district created under Section 18.5 of the Conservation District Act, unless he or she first resigns from the office of county board member or unless the holding of another office is authorized by law. Any such prohibited appointment or election is void. This Section shall not preclude a member of the county board from being selected or from serving as a member of a County Extension Board as provided in Section 7 of the County Cooperative Extension Law, as a member of an Emergency Telephone System Board as provided in Section 15.4 of the Emergency Telephone System Act, or as appointed members of the board of review as provided in Section 6-30 of the Property Tax Code. Nothing in this Act shall be construed to prohibit an elected county official from holding elected office in another unit of local government so long as there is no contractual relationship between the county and the other unit of local government. This amendatory Act of 1995 is declarative of existing law and is not a new enactment.

(Source: P.A. 94-617, eff. 8-18-05.)

(50 ILCS 105/4.7 new)

Sec. 4.7. Conflicts with the Public Officer Simultaneous Tenure Act. If there is a conflict between the provisions of this Act and the provisions of the Public Officer Simultaneous Tenure Act, then the provisions of the Public Officer Simultaneous Tenure Act shall control.

Section 10. The Public Officer Simultaneous Tenure Act is amended by changing Sections 1, 2, and 3 and adding Section 3.5 as follows:

(50 ILCS 110/1) (from Ch. 102, par. 4.10)

Sec. 1. Simultaneous tenure prohibited. Legislative findings; purpose). In recognition of the responsibility of an elected official to fully and faithfully perform the duties of his or her elected office, it is the policy of this State to prohibit conflicts of interest in the performance of those duties. No person may simultaneously serve in an elective office of more than one unit of local government if the units of local government may tax any of the same services, occupations, uses, or property. The General Assembly finds and declares that questions raised regarding the legality of simultaneously holding the office of county board member and township supervisor are unwarranted, and in counties of less than 100,000 population such questions regarding the legality of simultaneously holding the office of county board member and township trustee are unwarranted; that the General Assembly viewed the office of township supervisor, and in counties of less than 100,000 population the office of township trustee, and the office of county board member as compatible; and that to settle the question of legality and avoid confusion among such counties and townships as may be affected by such questions it is lawful to hold the office of county board member simultaneously with the office of township supervisor, and in counties of less than 100,000 population with the office of township trustee, in accordance with this Act.

(Source: P.A. 82-554.)

(50 ILCS 110/2) (from Ch. 102, par. 4.11)

Sec. 2. Resignation of office. Simultaneous tenure declared to be lawful. If a person is elected to or appointed to fill a vacancy in an elective office for more than one unit of local government in violation of this Act, then, upon acceptance of the second office, the person shall be deemed to have resigned from and created a vacancy in the first office. It is lawful for any person to hold the office of county board member and township supervisor, and in counties of less than 100,000 population the office of county board member and township trustee, simultaneously. It is lawful for any person to hold the office of county board member and the office of township assessor or town clerk, simultaneously, in counties of less than 300,000 population.

(Source: P.A. 90-748, eff. 8-14-98.)

(50 ILCS 110/3) (from Ch. 102, par. 4.12)

Sec. 3. Validation of actions. If, before the effective date of this amendatory Act of the 97th General Assembly, a person is not prohibited from serving in an elective office for more than one unit of local government, then that person may continue to serve during the remainder of his or her current terms of office and all actions of that person, otherwise in accordance with law, are validated. All actions of such person, as township supervisor, in counties of less than 100,000 population as township trustee, or county board member after December 1, 1974, which are otherwise in accordance with law, are hereby validated.

(Source: P.A. 82-554.)

(50 ILCS 110/3.5 new)

Sec. 3.5. Conflicts with the Public Officer Prohibited Activities Act. If there is a conflict between the provisions of this Act and the provisions of the Public Officer Prohibited Activities Act, then the provisions of this Act shall control.