Bill Text: IL SB1236 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides that beginning on the effective date of the amendatory Act, a person who holds elective office as a member of a county board, notwithstanding whether he or she has not elected to participate in the Fund with respect to that office or has revoked his or her election to participate with respect to that office, shall be disqualified from receiving a retirement annuity until he or she no longer holds that elective office. Provides that the changes apply without regard to whether the person is in service on or after the effective date of the amendatory Act. Makes a conforming change.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Enrolled) 2019-05-30 - Passed Both Houses [SB1236 Detail]

Download: Illinois-2019-SB1236-Enrolled.html



SB1236 EnrolledLRB101 07184 RPS 52222 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Local Government Officer Compensation Act is
5amended by adding Section 25 as follows:
6 (50 ILCS 145/25 new)
7 Sec. 25. Elected official salary. Notwithstanding the
8provision of any other law to the contrary, an elected officer
9of a unit of local government that is a participating employer
10under the Illinois Municipal Retirement Fund shall not receive
11any salary or other compensation from the unit of local
12government if the member is receiving pension benefits from the
13Illinois Municipal Retirement Fund under Article 7 of the
14Illinois Pension Code for the elected official's service in
15that same elected position. If an elected officer is receiving
16benefits from the Illinois Municipal Retirement Fund on the
17effective date of this amendatory Act of the 101st General
18Assembly, the elected official's salary and compensation shall
19be reduced to zero at the beginning of the member's next term
20if the member is still receiving such pension benefits.
21 Section 10. The Counties Code is amended by changing
22Section 2-1003 and by adding Sections 4-10005, 5-3003, and

SB1236 Enrolled- 2 -LRB101 07184 RPS 52222 b
16-31013 as follows:
2 (55 ILCS 5/2-1003) (from Ch. 34, par. 2-1003)
3 Sec. 2-1003. Chairman and vice-chairman of county board.
4The county board shall, unless the chairman is elected by the
5voters of the county, at its first meeting in the month
6following the month in which county board members are elected,
7choose one of its members as chairman for a term of 2 years and
8at the same meeting, choose one of its members as vice-chairman
9for a term of 2 years. The vice-chairman shall serve in the
10place of the chairman at any meeting of the county board in
11which the chairman is not present. In case of the absence of
12the chairman and the vice-chairman at any meeting, the members
13present shall choose one of their number as temporary chairman.
14 A chairman who is chosen by the county board may be
15removed, with or without cause, upon a motion adopted by an
16affirmative vote of four-fifths of the county board. Upon
17adoption of a motion to remove the chairman: (i) the chairman
18position becomes vacant and the former chairman's compensation
19shall be prorated to the date the motion was approved; (ii) the
20vice-chairman immediately assumes the duties of chairman
21without chairman compensation; and (iii) a new chairman shall
22be elected at the next regularly scheduled county board
23meeting. A chairman removed under this Section maintains his or
24her status as a member of the county board.
25(Source: P.A. 86-962.)

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1 (55 ILCS 5/4-10005 new)
2 Sec. 4-10005. County board salaries.
3 (a) Notwithstanding Section 4-10001, a member of a county
4board shall not receive any salary or other compensation from
5the county if the member is receiving pension benefits from the
6Illinois Municipal Retirement Fund under Article 7 of the
7Illinois Pension Code for the member's service as a county
8board member. If a member of a county board is receiving
9benefits from the Illinois Municipal Retirement Fund on the
10effective date of this amendatory Act of the 101st General
11Assembly, the member's salary and compensation shall be reduced
12to zero at the beginning of the member's next term if the
13member is still receiving pension benefits from the Illinois
14Municipal Retirement Fund for service as a county board member.
15 (b) This Section does not apply to a county that has
16adopted an ordinance or resolution effective prior to January
171, 2019 that reduces compensation of elected county officials
18who are receiving pension benefits from the Illinois Municipal
19Retirement Fund under Article 7 of the Illinois Pension Code
20for their service as elected officials of that county to an
21amount less than other elected county officials who are not
22receiving such pension benefits for their service as elected
23officials.
24 (55 ILCS 5/5-3003 new)

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1 Sec. 5-3003. Contracts for goods and services valued at
2more than $30,000.
3 (a) As used in this Section, "familial relationship" means
4an individual's father, mother, son, daughter, brother,
5sister, uncle, aunt, great aunt, great uncle, first cousin,
6nephew, niece, husband, wife, grandfather, grandmother,
7grandson, granddaughter, father-in-law, mother-in-law,
8son-in-law, daughter-in-law, brother-in-law, sister-in-law,
9stepfather, stepmother, stepson, stepdaughter, stepbrother,
10stepsister, half-brother, half-sister, and the father, mother,
11grandfather, or grandmother of the individual's spouse and the
12individual's fiance or fiancee.
13 (b) A county may deny, suspend, or terminate the
14eligibility of a person, firm, corporation, association,
15agency, institution, or other legal entity to participate as a
16vendor of goods or services to the county if the vendor, for
17contracts greater than $30,000, fails to disclose to the county
18a familial relationship between a county elected official or
19county department director and any of the following individuals
20who have the authority to act on behalf of and with the power
21to bind the respective person, firm, corporation, association,
22agency, institution, or other legal entity: a corporate
23officer; a member of the corporate board of directors; a
24limited liability company manager; a member with management
25authority of a limited liability company; or a partner of a
26partnership.

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1 (c) If a person, firm, corporation, association, agency,
2institution, or other legal entity seeking to contract with the
3county has a familial relationship required to be disclosed
4under subsection (b), then the contract may be approved or
5renewed by roll call vote of the county board following a
6recitation of the name of the county official and the nature of
7the familial relationship being disclosed.
8 (55 ILCS 5/6-31013 new)
9 Sec. 6-31013. Transitional audits.
10 (a) No later than 10 days after certification of the
11election results, the county board chairperson, county board
12president, or county executive shall notify newly elected
13countywide officials of the option for an auditor to conduct a
14transitional audit at the county's expense. An elected county
15auditor shall conduct the audit upon a request of the newly
16elected countywide official. In a county that does not have an
17elected county auditor, the newly elected countywide official
18may hire a qualified auditing firm. The county board shall pay
19all costs associated with an audit. The transitional audit
20shall examine funds expended by the official for whom the newly
21elected official is taking over and report if the expended
22funds were consistent with the county board's financial
23allocations to that official.
24 (b) A county board shall give the option for a transitional
25financial audit to all county officials elected in or after

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1November 2016.
2 (c) A home rule county shall not regulate transitional
3audits in a manner inconsistent with this Section. This Section
4is a limitation under subsection (i) of Section 6 of Article
5VII of the Illinois Constitution on the concurrent exercise by
6home rule units of powers and functions exercised by the State.
7 Section 15. The Downstate Forest Preserve District Act is
8amended by changing Section 8 as follows:
9 (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
10 Sec. 8. Powers and duties of corporate authority and
11officers; contracts; salaries.
12 (a) The board shall be the corporate authority of such
13forest preserve district and shall have power to pass and
14enforce all necessary ordinances, rules and regulations for the
15management of the property and conduct of the business of such
16district. The president of such board shall have power to
17appoint such employees as may be necessary. In counties with
18population of less than 3,000,000, within 60 days after their
19selection the commissioners appointed under the provisions of
20Section 3a of this Act shall organize by selecting from their
21members a president, vice president, secretary, treasurer and
22such other officers as are deemed necessary who shall hold
23office for the fiscal year in which elected and until their
24successors are selected and qualify. In the one district in

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1existence on July 1, 1977, that is managed by an appointed
2board of commissioners, the incumbent president and the other
3officers appointed in the manner as originally prescribed in
4this Act shall hold such offices until the completion of their
5respective terms or in the case of the officers other than
6president until their successors are appointed by said
7president, but in all cases not to extend beyond January 1,
81980 and until their successors are selected and qualify.
9Thereafter, the officers shall be selected in the manner as
10prescribed in this Section except that their first term of
11office shall not expire until June 30, 1981 and until their
12successors are selected and qualify.
13 (a-5) An officer selected pursuant to subsection (a) may be
14removed, with or without cause, upon a motion adopted by an
15affirmative vote of four-fifths of the board of the forest
16preserve district. Upon adoption of a motion to remove an
17officer: (i) the office becomes vacant and the former officer's
18compensation shall be prorated to the date the motion was
19approved; (ii) if the officer removed is the president then the
20vice president immediately assumes the duties of the president
21without president compensation and, if the officer removed is
22the vice president, treasurer, or secretary, then the president
23shall select an interim appointee who shall serve until the
24next regularly scheduled forest preserve district board
25meeting; and (iii) a new officer shall be selected at the next
26regularly scheduled forest preserve district board meeting. An

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1officer removed under this Section maintains his or her status
2as a member of the forest preserve district board.
3 (b) In any county, city, village, incorporated town or
4sanitary district where the corporate authorities act as the
5governing body of a forest preserve district, the person
6exercising the powers of the president of the board shall have
7power to appoint a secretary and an assistant secretary and
8treasurer and an assistant treasurer and such other officers
9and such employees as may be necessary. The assistant secretary
10and assistant treasurer shall perform the duties of the
11secretary and treasurer, respectively in case of death of such
12officers or when such officers are unable to perform the duties
13of their respective offices. All contracts for supplies,
14material or work involving an expenditure in excess of $25,000,
15or a lower amount if required by board policy, shall be let to
16the lowest responsible bidder, after advertising at least once
17in one or more newspapers of general circulation within the
18district, excepting work requiring personal confidence or
19necessary supplies under the control of monopolies, where
20competitive bidding is impossible. Contracts for supplies,
21material or work involving an expenditure of $25,000, or a
22lower amount if required by board policy, or less may be let
23without advertising for bids, but whenever practicable, at
24least 3 competitive bids shall be obtained before letting such
25contract. All contracts for supplies, material or work shall be
26signed by the president of the board of commissioners or by any

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1such other officer as the board in its discretion may
2designate.
3 (c) The president of any board of commissioners appointed
4under the provisions of Section 3a of this Act shall receive a
5salary not to exceed the sum of $2500 per annum and the salary
6of other members of the board so appointed shall not exceed
7$1500 per annum. Salaries of the commissioners, officers and
8employees shall be fixed by ordinance.
9 (d) Whenever a forest preserve district owns any personal
10property that, in the opinion of three-fifths of the members of
11the board of commissioners, is no longer necessary, useful to,
12or for the best interests of the forest preserve district, then
13three-fifths of the members of the board, at any regular
14meeting or any special meeting called for that purpose by an
15ordinance or resolution that includes a general description of
16the personal property, may authorize the conveyance or sale of
17that personal property in any manner that they may designate,
18with or without advertising the sale.
19(Source: P.A. 98-463, eff. 8-16-13; 99-771, eff. 8-12-16.)
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