Bill Text: IL SB2183 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2183 Detail]
Download: Illinois-2023-SB2183-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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7 | (50 ILCS 105/1) (from Ch. 102, par. 1)
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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
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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
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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.
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15 | (Source: P.A. 102-15, eff. 6-17-21.)
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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.
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22 | (50 ILCS 105/2) (from Ch. 102, par. 2)
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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
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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
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17 | other unit of local government. This amendatory Act of 1995 is | ||||||
18 | declarative of
existing law and is not a new enactment.
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19 | (Source: P.A. 102-15, eff. 6-17-21.)
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20 | (50 ILCS 105/2a) (from Ch. 102, par. 2a)
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21 | Sec. 2a. Township officials. | ||||||
22 | (a) Except as provided in Section 1.4, no No township
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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.
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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
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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).
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21 | (Source: P.A. 100-868, eff. 1-1-19 .)
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