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


Bill Title: Amends the Local Government Officer Compensation Act and Counties Code. Provides that an elected officer of a unit of local government, including county board members, shall not receive a salary or other compensation from the unit of local government if the member is receiving pension benefits from the Illinois Municipal Retirement Fund for the elected official's service in that same elected position and, if a current officer is receiving benefits, then reduces the official's salary and compensation to zero at the beginning of the official's next term. Limits home rule powers. Further amends the Counties Code. Provides that a chairman of a county board who is chosen by the board may be removed, for cause or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board and the chairman removed maintains his or her status as a member of the county board. Includes procedures to replace the chairman. Provides that a vendor wishing to contract with a county for goods and services in an amount greater than $30,000 shall disclose to the county, prior to a county board's vote on the contract, any familial relationship between the vendor and specified county officials. Requires the county board to notify newly elected countywide officials elected in or after November 2016 of the option for an auditor to conduct a transitional audit at the county's expense (limiting home rule powers). Amends the Downstate Forest Preserve District Act. Provides for removal of officers of a forest preserve district board and procedures to replace the officers. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0544 [SB1236 Detail]

Download: Illinois-2019-SB1236-Chaptered.html



Public Act 101-0544
SB1236 EnrolledLRB101 07184 RPS 52222 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Local Government Officer Compensation Act is
amended by adding Section 25 as follows:
(50 ILCS 145/25 new)
Sec. 25. Elected official salary. Notwithstanding the
provision of any other law to the contrary, an elected officer
of a unit of local government that is a participating employer
under the Illinois Municipal Retirement Fund shall not receive
any salary or other compensation from the unit of local
government if the member is receiving pension benefits from the
Illinois Municipal Retirement Fund under Article 7 of the
Illinois Pension Code for the elected official's service in
that same elected position. If an elected officer is receiving
benefits from the Illinois Municipal Retirement Fund on the
effective date of this amendatory Act of the 101st General
Assembly, the elected official's salary and compensation shall
be reduced to zero at the beginning of the member's next term
if the member is still receiving such pension benefits.
Section 10. The Counties Code is amended by changing
Section 2-1003 and by adding Sections 4-10005, 5-3003, and
6-31013 as follows:
(55 ILCS 5/2-1003) (from Ch. 34, par. 2-1003)
Sec. 2-1003. Chairman and vice-chairman of county board.
The county board shall, unless the chairman is elected by the
voters of the county, at its first meeting in the month
following the month in which county board members are elected,
choose one of its members as chairman for a term of 2 years and
at the same meeting, choose one of its members as vice-chairman
for a term of 2 years. The vice-chairman shall serve in the
place of the chairman at any meeting of the county board in
which the chairman is not present. In case of the absence of
the chairman and the vice-chairman at any meeting, the members
present shall choose one of their number as temporary chairman.
A chairman who is chosen by the county board may be
removed, with or without cause, upon a motion adopted by an
affirmative vote of four-fifths of the county board. Upon
adoption of a motion to remove the chairman: (i) the chairman
position becomes vacant and the former chairman's compensation
shall be prorated to the date the motion was approved; (ii) the
vice-chairman immediately assumes the duties of chairman
without chairman compensation; and (iii) a new chairman shall
be elected at the next regularly scheduled county board
meeting. A chairman removed under this Section maintains his or
her status as a member of the county board.
(Source: P.A. 86-962.)
(55 ILCS 5/4-10005 new)
Sec. 4-10005. County board salaries.
(a) Notwithstanding Section 4-10001, a member of a county
board shall not receive any salary or other compensation from
the county if the member is receiving pension benefits from the
Illinois Municipal Retirement Fund under Article 7 of the
Illinois Pension Code for the member's service as a county
board member. If a member of a county board is receiving
benefits from the Illinois Municipal Retirement Fund on the
effective date of this amendatory Act of the 101st General
Assembly, the member's salary and compensation shall be reduced
to zero at the beginning of the member's next term if the
member is still receiving pension benefits from the Illinois
Municipal Retirement Fund for service as a county board member.
(b) This Section does not apply to a county that has
adopted an ordinance or resolution effective prior to January
1, 2019 that reduces compensation of elected county officials
who are receiving pension benefits from the Illinois Municipal
Retirement Fund under Article 7 of the Illinois Pension Code
for their service as elected officials of that county to an
amount less than other elected county officials who are not
receiving such pension benefits for their service as elected
officials.
(55 ILCS 5/5-3003 new)
Sec. 5-3003. Contracts for goods and services valued at
more than $30,000.
(a) As used in this Section, "familial relationship" means
an individual's father, mother, son, daughter, brother,
sister, uncle, aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half-brother, half-sister, and the father, mother,
grandfather, or grandmother of the individual's spouse and the
individual's fiance or fiancee.
(b) A county may deny, suspend, or terminate the
eligibility of a person, firm, corporation, association,
agency, institution, or other legal entity to participate as a
vendor of goods or services to the county if the vendor, for
contracts greater than $30,000, fails to disclose to the county
a familial relationship between a county elected official or
county department director and any of the following individuals
who have the authority to act on behalf of and with the power
to bind the respective person, firm, corporation, association,
agency, institution, or other legal entity: a corporate
officer; a member of the corporate board of directors; a
limited liability company manager; a member with management
authority of a limited liability company; or a partner of a
partnership.
(c) If a person, firm, corporation, association, agency,
institution, or other legal entity seeking to contract with the
county has a familial relationship required to be disclosed
under subsection (b), then the contract may be approved or
renewed by roll call vote of the county board following a
recitation of the name of the county official and the nature of
the familial relationship being disclosed.
(55 ILCS 5/6-31013 new)
Sec. 6-31013. Transitional audits.
(a) No later than 10 days after certification of the
election results, the county board chairperson, county board
president, or county executive shall notify newly elected
countywide officials of the option for an auditor to conduct a
transitional audit at the county's expense. An elected county
auditor shall conduct the audit upon a request of the newly
elected countywide official. In a county that does not have an
elected county auditor, the newly elected countywide official
may hire a qualified auditing firm. The county board shall pay
all costs associated with an audit. The transitional audit
shall examine funds expended by the official for whom the newly
elected official is taking over and report if the expended
funds were consistent with the county board's financial
allocations to that official.
(b) A county board shall give the option for a transitional
financial audit to all county officials elected in or after
November 2016.
(c) A home rule county shall not regulate transitional
audits in a manner inconsistent with this Section. This Section
is a limitation under subsection (i) of Section 6 of Article
VII of the Illinois Constitution on the concurrent exercise by
home rule units of powers and functions exercised by the State.
Section 15. The Downstate Forest Preserve District Act is
amended by changing Section 8 as follows:
(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
Sec. 8. Powers and duties of corporate authority and
officers; contracts; salaries.
(a) The board shall be the corporate authority of such
forest preserve district and shall have power to pass and
enforce all necessary ordinances, rules and regulations for the
management of the property and conduct of the business of such
district. The president of such board shall have power to
appoint such employees as may be necessary. In counties with
population of less than 3,000,000, within 60 days after their
selection the commissioners appointed under the provisions of
Section 3a of this Act shall organize by selecting from their
members a president, vice president, secretary, treasurer and
such other officers as are deemed necessary who shall hold
office for the fiscal year in which elected and until their
successors are selected and qualify. In the one district in
existence on July 1, 1977, that is managed by an appointed
board of commissioners, the incumbent president and the other
officers appointed in the manner as originally prescribed in
this Act shall hold such offices until the completion of their
respective terms or in the case of the officers other than
president until their successors are appointed by said
president, but in all cases not to extend beyond January 1,
1980 and until their successors are selected and qualify.
Thereafter, the officers shall be selected in the manner as
prescribed in this Section except that their first term of
office shall not expire until June 30, 1981 and until their
successors are selected and qualify.
(a-5) An officer selected pursuant to subsection (a) may be
removed, with or without cause, upon a motion adopted by an
affirmative vote of four-fifths of the board of the forest
preserve district. Upon adoption of a motion to remove an
officer: (i) the office becomes vacant and the former officer's
compensation shall be prorated to the date the motion was
approved; (ii) if the officer removed is the president then the
vice president immediately assumes the duties of the president
without president compensation and, if the officer removed is
the vice president, treasurer, or secretary, then the president
shall select an interim appointee who shall serve until the
next regularly scheduled forest preserve district board
meeting; and (iii) a new officer shall be selected at the next
regularly scheduled forest preserve district board meeting. An
officer removed under this Section maintains his or her status
as a member of the forest preserve district board.
(b) In any county, city, village, incorporated town or
sanitary district where the corporate authorities act as the
governing body of a forest preserve district, the person
exercising the powers of the president of the board shall have
power to appoint a secretary and an assistant secretary and
treasurer and an assistant treasurer and such other officers
and such employees as may be necessary. The assistant secretary
and assistant treasurer shall perform the duties of the
secretary and treasurer, respectively in case of death of such
officers or when such officers are unable to perform the duties
of their respective offices. All contracts for supplies,
material or work involving an expenditure in excess of $25,000,
or a lower amount if required by board policy, shall be let to
the lowest responsible bidder, after advertising at least once
in one or more newspapers of general circulation within the
district, excepting work requiring personal confidence or
necessary supplies under the control of monopolies, where
competitive bidding is impossible. Contracts for supplies,
material or work involving an expenditure of $25,000, or a
lower amount if required by board policy, or less may be let
without advertising for bids, but whenever practicable, at
least 3 competitive bids shall be obtained before letting such
contract. All contracts for supplies, material or work shall be
signed by the president of the board of commissioners or by any
such other officer as the board in its discretion may
designate.
(c) The president of any board of commissioners appointed
under the provisions of Section 3a of this Act shall receive a
salary not to exceed the sum of $2500 per annum and the salary
of other members of the board so appointed shall not exceed
$1500 per annum. Salaries of the commissioners, officers and
employees shall be fixed by ordinance.
(d) Whenever a forest preserve district owns any personal
property that, in the opinion of three-fifths of the members of
the board of commissioners, is no longer necessary, useful to,
or for the best interests of the forest preserve district, then
three-fifths of the members of the board, at any regular
meeting or any special meeting called for that purpose by an
ordinance or resolution that includes a general description of
the personal property, may authorize the conveyance or sale of
that personal property in any manner that they may designate,
with or without advertising the sale.
(Source: P.A. 98-463, eff. 8-16-13; 99-771, eff. 8-12-16.)
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