Bill Text: IL SB3332 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Public Building Commission Act. Makes a technical change to a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3332 Detail]

Download: Illinois-2011-SB3332-Amended.html

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Sen. Don Harmon

Filed: 3/1/2012

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AMENDMENT TO SENATE BILL 3332
AMENDMENT NO. ______. Amend Senate Bill 3332 by replacing
everything after the enacting clause with the following:
"Section 5. The Public Officer Prohibited Activities Act is
amended by changing Section 1 and by adding Section 0.05 as
follows:
(50 ILCS 105/0.05 new)
Sec. 0.05. Legislative findings. The General Assembly
finds and declares that questions raised regarding the legality
of simultaneously holding the office of county board member and
elected office of another unit of local government are
unwarranted; that the General Assembly viewed the elected
office of another unit of local government and the office of
county board member as compatible; and that to settle the
question of legality and avoid confusion among such counties
and other units of local government as may be affected by such

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questions it is lawful to hold the office of county board
member simultaneously with an elected office of another unit of
local government, in accordance with this Act.
(50 ILCS 105/1) (from Ch. 102, par. 1)
Sec. 1. County board. An elected county official may hold
elected office in another unit of local government, as long as
there is no disqualifying contractual relationship between the
county and the other unit of local government. A disqualifying
contractual relationship is a contractual relationship that is
not available to other units of local government in that
county. A general contractual relationship that is available to
other units of local government in that county, including but
not limited to contracts involving Homeland Security programs,
emergency management and assistance, storm water management
and assistance, environmental protection or enhancement,
energy conservation programs, mutual aid agreements regarding
crime prevention or law enforcement activities, or any grants
that are administered by a county or unit of local government
funded by either the federal or State government, is not a
disqualifying contractual relationship, and an elected county
official may hold elected office in another unit of local
government, provided that the elected county official shall not
vote on the proposition for entering into the general
contractual relationship in his or her capacity as an elected
county official or an elected officer of a unit of local

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government. Except as otherwise provided in this Act, if there
is a disqualifying contractual relationship between the county
and the other unit of local government, then no No member of a
county board, during the term of office for which he or she is
elected, unless he or she first resigns from the office of
county board member or unless the holding of another office is
authorized by law, may be appointed to, accept, or hold any
other office. Any such prohibited appointment or election is
void. Notwithstanding the above, any county board member may be
appointed to, accept, or hold the office of 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, (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

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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. Public Act 89-89 and this amendatory Act of the
97th General Assembly are This amendatory Act of 1995 is
declarative of existing law and are is not a new enactments
enactment.
(Source: P.A. 94-617, eff. 8-18-05.)
Section 10. The Public Officer Simultaneous Tenure Act is
amended by changing Section 1 and by adding Sections 4 and 5 as
follows:
(50 ILCS 110/1) (from Ch. 102, par. 4.10)
Sec. 1. Legislative findings; purpose). The General
Assembly finds and declares that questions raised regarding the
legality of simultaneously holding the office of county board
member and township supervisor or elected office of another
unit of local government 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 or elected

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office of another unit of local government, 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 or
elected office of another unit of local government, 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 110/4 new)
Sec. 4. Simultaneous tenure declared to be lawful. An
elected county official, including but not limited to an
elected county board member, may simultaneously serve as an
elected official in another unit of local government, as long
as there is no disqualifying contractual relationship between
the county and the other unit of local government. A
disqualifying contractual relationship is a contractual
relationship that is not available to other units of local
government in that county. A general contractual relationship
that is available to other units of local government in that
county, including but not limited to contracts involving
Homeland Security programs, emergency management and
assistance, storm water management and assistance,

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environmental protection or enhancement, energy conservation
programs, mutual aid agreements regarding crime prevention or
law enforcement activities, or any grants that are administered
by a county or unit of local government funded by either the
federal or State government, is not a disqualifying contractual
relationship, and an elected county official may hold elected
office in another unit of local government, provided that the
elected county official shall not vote on the proposition for
entering into the general contractual relationship in his or
her capacity as an elected county official or an elected
officer of a unit of local government.
(50 ILCS 110/5 new)
Sec. 5. Actions of elected official. All actions of a
person, as an elected official of another unit of local
government or county board member, that are otherwise in
accordance with law, are hereby validated.
Section 99. Effective date. This Act takes effect upon
becoming law.".