Bill Text: IL SB3182 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Election Code. Makes technical changes concerning the vacancies in a forest preserve district office and notifications of vacancies in county and forest preserve district offices. Provides that notification shall be given of each established political party within 3 days of the county board meeting where the vacancy was declared, rather than within 3 days of the occurrence of the vacancy. Amends the Public Officer Prohibited Activities Act. Authorizes a county board member in any county (now, in a county having fewer than 40,000 inhabitants), during his or her term of office, to concurrently hold the office of member of the board of education, regional board of school trustees, board of school directors, board of a community college district, or board of school inspectors. Effective immediately.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3182 Detail]
Download: Illinois-2011-SB3182-Amended.html
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1 | AMENDMENT TO SENATE BILL 3182
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2 | AMENDMENT NO. ______. Amend Senate Bill 3182 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Section 25-11 as follows:
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6 | (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
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7 | Sec. 25-11.
When a vacancy occurs in any elective county | ||||||
8 | office, or in a
county of less than 3,000,000 population in the | ||||||
9 | office of clerk of the circuit
court, in a county which is not | ||||||
10 | a home rule unit, the county board or board
of county | ||||||
11 | commissioners shall at their next meeting declare that such | ||||||
12 | vacancy exists and
notification thereof
shall be given to the | ||||||
13 | county central committee or the appropriate county board
or | ||||||
14 | board of county commissioners district committee of each | ||||||
15 | established
political party within 3 days of the
occurrence of | ||||||
16 | the county board meeting where a vacancy was declared . The |
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1 | vacancy shall be filled
within 60 days of the notification by | ||||||
2 | appointment of the chairman of the county board
or board of | ||||||
3 | county commissioners with the advice and consent of the county
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4 | board or board of county commissioners.
In counties in which | ||||||
5 | forest preserve district commissioners are
elected by | ||||||
6 | districts and are not also members of the county board, | ||||||
7 | however,
vacancies in the office of forest preserve district | ||||||
8 | commissioner shall be
filled within 60 days by appointment of | ||||||
9 | the president of the forest preserve
district board of | ||||||
10 | commissioners with the advice and consent of the forest
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11 | preserve district board of commissioners. In counties in which | ||||||
12 | the forest
preserve district president is not also a member of | ||||||
13 | the county board, vacancies
in
the office of forest preserve | ||||||
14 | district president shall be filled within 60 days
by the forest | ||||||
15 | preserve district board of commissioners by appointing one of | ||||||
16 | the
commissioners to serve as president.
The appointee
shall be | ||||||
17 | a member of the same political party as the person he
succeeds | ||||||
18 | was at the time of his election and shall be otherwise
eligible | ||||||
19 | to serve.
The appointee shall serve the remainder of the | ||||||
20 | unexpired term. However, if
more than 28 months remain in the | ||||||
21 | term, the appointment shall be until the
next general election | ||||||
22 | at which time the vacated office shall be
filled by election | ||||||
23 | for the remainder of the term. In the
case of a vacancy in a | ||||||
24 | seat on a county board or board of county
commissioners which
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25 | has been divided into districts under Section 2-3003 or | ||||||
26 | 2-4006.5 of
the Counties Code, the appointee must also be a |
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1 | resident of the
county board or county commission district.
If | ||||||
2 | a county commissioner ceases to reside in the district that he | ||||||
3 | or
she represents, a vacancy in that office exists.
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4 | Except as otherwise provided by county ordinance or by law, | ||||||
5 | in
any county which is a home rule unit, vacancies in elective
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6 | county offices, other than the office of chief executive | ||||||
7 | officer,
and vacancies in the office of clerk of the circuit | ||||||
8 | court in a county of
less than 3,000,000 population, shall be | ||||||
9 | filled
by the county board or board of county commissioners.
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10 | (Source: P.A. 92-189, eff. 8-1-01; 92-583, eff. 6-26-02.)
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11 | Section 10. The Public Officer Prohibited Activities Act is | ||||||
12 | amended by changing Sections 1 and 1.2 as follows:
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13 | (50 ILCS 105/1) (from Ch. 102, par. 1)
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14 | Sec. 1. County board. No member of a county board, during | ||||||
15 | the term of
office for which
he or she is elected, may be | ||||||
16 | appointed to, accept, or hold any office other
than (i) | ||||||
17 | chairman of the county board or member of the regional planning
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18 | commission by appointment or election of the board of which he | ||||||
19 | or she is a
member, (ii) alderman of a city or member of the | ||||||
20 | board of trustees of a
village or incorporated town if the | ||||||
21 | city, village, or incorporated town has
fewer than 1,000 | ||||||
22 | inhabitants and is located in a county having fewer than
50,000 | ||||||
23 | inhabitants, or (iii) trustee of a forest preserve district | ||||||
24 | created under Section 18.5 of the Conservation District Act, |
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1 | (iv) trustee of a fire protection district, or (v) commissioner | ||||||
2 | of a housing authority, unless he or she first resigns from the | ||||||
3 | office
of county board
member or unless the holding of another | ||||||
4 | office is authorized by law.
Any such prohibited appointment or | ||||||
5 | election is void. This Section shall not
preclude a member of | ||||||
6 | the county board from being selected or from serving as a | ||||||
7 | member of a County
Extension
Board as provided in Section 7 of | ||||||
8 | the County Cooperative Extension Law,
as a member of an | ||||||
9 | Emergency Telephone System Board as provided in Section
15.4 of | ||||||
10 | the Emergency Telephone System Act, or as appointed members of | ||||||
11 | the
board of review as provided in Section 6-30 of the Property | ||||||
12 | Tax Code.
Nothing in this Act shall be construed to prohibit an | ||||||
13 | elected county official
from holding elected office in another | ||||||
14 | unit of local government so long as
there is no contractual | ||||||
15 | relationship between the county and the other unit of
local | ||||||
16 | government. This amendatory Act of 1995 is declarative of | ||||||
17 | existing law
and is not a new enactment.
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18 | (Source: P.A. 94-617, eff. 8-18-05.)
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19 | (50 ILCS 105/1.2)
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20 | Sec. 1.2. County board member; education office. A member | ||||||
21 | of the county
board
in any a county having fewer than 40,000 | ||||||
22 | inhabitants , during the term of
office for which he or she is | ||||||
23 | elected, may also hold the office of member of
the board of | ||||||
24 | education, regional board of school trustees, board of school
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25 | directors, board of a community college district, or board of |
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1 | school inspectors.
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2 | (Source: P.A. 97-460, eff. 8-19-11.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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