SB1015 EnrolledLRB102 05064 AWJ 15083 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Section 25-11 as follows:
 
6    (10 ILCS 5/25-11)  (from Ch. 46, par. 25-11)
7    Sec. 25-11. Except as otherwise provided in this
8paragraph, when When a vacancy occurs in any elective county
9office, or in a county of less than 3,000,000 population in the
10office of clerk of the circuit court, in a county which is not
11a home rule unit, the county board or board of county
12commissioners shall declare that such vacancy exists and
13notification thereof shall be given to the county central
14committee or the appropriate county board or board of county
15commissioners district committee of each established political
16party within 3 days of the occurrence of the vacancy. The
17vacancy shall be filled within 60 days by appointment of the
18chair of the county board or board of county commissioners
19with the advice and consent of the county board or board of
20county commissioners. In counties other than Champaign County
21operating under the county executive form of government under
22Division 2-5 of the Counties Code, when a vacancy occurs in an
23elected county office other than in the office of an elected

 

 

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1member of the county board, the county executive shall declare
2that such vacancy exists and then notification of the vacancy
3shall be given to the county central committee of each
4established political party within 3 days of the occurrence of
5the vacancy, and the vacancy shall be filled within 60 days by
6appointment of the county executive with the advice and
7consent of the county board. However, when a vacancy occurs in
8the office of an elected member of the county board in a county
9other than Champaign County that is operating under the county
10executive form of government under Division 2-5 of the
11Counties Code, the elected county board speaker or county
12board chair, as the case may be, shall declare that such
13vacancy exists and then notification shall be given to the
14appropriate county board district committee of each
15established political party within 3 days of the occurrence of
16the vacancy, and the vacancy shall be filled within 60 days by
17appointment of the elected county board speaker or county
18board chair, as the case may be, with the advice and consent of
19the county board. In Champaign County while operating under
20the county executive form of government under Division 2-5 of
21the Counties Code, when a vacancy occurs in an elected county
22office or in the office of an elected member of the county
23board, the elected county board speaker or county board chair,
24as the case may be, shall declare that such vacancy exists and
25then notification shall be given to the county central
26committee or the appropriate county board district committee

 

 

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1of each established political party within 3 days of the
2occurrence of the vacancy; and the vacancy shall be filled
3within 60 days by appointment of the elected county board
4speaker or county board chair, as the case may be, with the
5advice and consent of the county board. In counties in which
6forest preserve district commissioners are elected by
7districts and are not also members of the county board,
8however, vacancies in the office of forest preserve district
9commissioner shall be filled within 60 days by appointment of
10the president of the forest preserve district board of
11commissioners with the advice and consent of the forest
12preserve district board of commissioners. In counties in which
13the forest preserve district president is not also a member of
14the county board, vacancies in the office of forest preserve
15district president shall be filled within 60 days by the
16forest preserve district board of commissioners by appointing
17one of the commissioners to serve as president. The appointee
18shall be a member of the same political party as the person he
19succeeds was at the time of his election and shall be otherwise
20eligible to serve. The appointee shall serve the remainder of
21the unexpired term. However, if more than 28 months remain in
22the term, the appointment shall be until the next general
23election at which time the vacated office shall be filled by
24election for the remainder of the term. In the case of a
25vacancy in a seat on a county board or board of county
26commissioners which has been divided into districts under

 

 

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1Section 2-3003 or 2-4006.5 of the Counties Code, the appointee
2must also be a resident of the county board or county
3commission district. If a county commissioner ceases to reside
4in the district that he or she represents, a vacancy in that
5office exists.
6    Except as otherwise provided by county ordinance or by
7law, in any county which is a home rule unit, vacancies in
8elective county offices, other than the office of chief
9executive officer, and vacancies in the office of clerk of the
10circuit court in a county of less than 3,000,000 population,
11shall be filled by the county board or board of county
12commissioners.
13(Source: P.A. 100-1027, eff. 1-1-19.)
 
14    Section 10. The Counties Code is amended by changing
15Sections 2-5003, 2-5007, 2-5009, 2-5010, 2-5014, and 2-5015
16and by adding Sections 2-5017, 2-5018, 2-5019, 2-5020, 2-5021,
17and 2-5022 as follows:
 
18    (55 ILCS 5/2-5003)  (from Ch. 34, par. 2-5003)
19    Sec. 2-5003. Definitions. As used in this Division, unless
20the context requires otherwise:
21    (a) "County board" or "board" means the legislative
22governing body of any county other than Cook County which has
23adopted the county executive form of government under this
24Division.

 

 

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1    "County board speaker" or "speaker" means the county board
2member elected by the county board to serve as the lead
3representative for the county board, and may be referred to as
4the "county board speaker", "speaker", "county board chair",
5or "chair".
6    (b) "County executive" means the county official elected
7by the voters of any county other than Cook County to be the
8chief executive officer to administer the county executive
9form of government under this Division.
10    (c) "County executive form of government" means that form
11of government in which the departments of county government
12are administered by a single county official called the county
13executive elected at large by the qualified voters of the
14county. The board shall act as the legislative body of the
15county under this form of county government.
16(Source: P.A. 86-926.)
 
17    (55 ILCS 5/2-5007)  (from Ch. 34, par. 2-5007)
18    Sec. 2-5007. Term of county executive. The county
19executive shall serve a term of 4 years, commencing on the
20first Monday in the month following the month of the election
21in which the county executive was elected his election and
22until a his successor is elected and qualified.
23(Source: P.A. 86-962.)
 
24    (55 ILCS 5/2-5009)  (from Ch. 34, par. 2-5009)

 

 

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1    Sec. 2-5009. Duties and powers of county executive. Any
2county executive elected under this Division shall:
3    (a) see that all of the orders, resolutions and
4regulations of the board are faithfully executed;
5    (b) coordinate and direct by executive order or otherwise
6all administrative and management functions of the county
7government except the offices of elected county officers;
8    (b-5) control the internal operations of the county
9executive's office and procure the necessary equipment,
10materials, and services to perform the duties of that office;
11    (c) prepare and submit to the board for its approval the
12annual budget for the county required by Division 6-1 of this
13Code;
14    (d) appoint, with the advice and consent of the board,
15persons to serve on the various boards and commissions to
16which appointments are provided by law to be made by the board;
17    (d-5) make appointments to fill vacancies occurring in the
18office of an elected county officer other than the office of an
19elected member of the county board in accordance with Section
2025-11 of the Election Code in counties, other than Champaign
21County, operating under the county executive form of
22government under this Division;
23    (e) appoint, with the advice and consent of the board,
24persons to serve on various special districts within the
25county except where appointment to serve on such districts is
26otherwise provided by law;

 

 

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1    (e-5) except as otherwise provided by law, remove or
2suspend, in the county executive's discretion and after notice
3and hearing, anyone whom the county executive has the power to
4appoint under subsection (d) or (e);
5    (f) make an annual report to the board on the affairs of
6the county, on such date and at such time as the board shall
7designate, and keep the board fully advised as to the
8financial condition of the county and its future financial
9needs;
10    (f-5) for a county executive of a county that has adopted
11the executive form of government on or before the effective
12date of this amendatory Act of the 96th General Assembly,
13appoint, with the advice and consent of the board, all
14department heads for any county departments;
15    (g) hire appoint, with the advice and consent of the
16board, such subordinate deputies, employees and appointees for
17the general administration of county affairs as considered
18necessary, except those deputies, employees and appointees in
19the office of an elected county officer or county board member
20officer; however, the advice and consent requirement set forth
21in this paragraph shall not apply to persons employed as a
22member of the immediate personal staff of a county executive
23of a county that has adopted the executive form of government
24on or before the effective date of this amendatory Act of the
2596th General Assembly;
26    (h) except as otherwise provided by law, remove or

 

 

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1suspend, in the discretion of the county executive, department
2heads for a county department and in his discretion, after due
3notice and hearing, anyone whom the county executive he has
4the power to hire under subsection (g); appoint;
5    (i) require reports and examine accounts, records and
6operations of all county administrative units;
7    (j) supervise the care and custody of all county property
8including institutions and agencies;
9    (k) approve or veto ordinances or resolutions pursuant to
10Section 2-5010;
11    (l) preside over board meetings; however, the county
12executive is not entitled to vote except to break a tie vote;
13    (l-5) for a county executive of a county that has adopted
14the executive form of government on or before the effective
15date of this amendatory Act of the 96th General Assembly, if
16the County Executive is temporarily not available to preside
17over a board meeting, the County Executive shall designate a
18board member to preside over the board meeting;
19    (m) call a special meeting of the county board, by a
20written executive order signed by the county executive him and
21upon 24 hours notice by delivery of a copy of such order to the
22residence of each board member;
23    (n) with the advice and consent of the county board, enter
24into intergovernmental agreements with other governmental
25units;
26    (o) with the advice and consent of the county board,

 

 

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1negotiate on behalf of the county with governmental units and
2the private sector for the purpose of promoting economic
3growth and development;
4    (p) at the his discretion of the county executive, appoint
5a person to serve as legal counsel at an annual salary
6established by the county board at an amount no greater than
7the annual salary of the state's attorney of the county;
8    (q) perform such other duties as shall be required of the
9county executive him by the board.
10(Source: P.A. 96-1540, eff. 3-7-11.)
 
11    (55 ILCS 5/2-5010)  (from Ch. 34, par. 2-5010)
12    Sec. 2-5010. Approval of ordinances. Any ordinance passed,
13adopted or otherwise enacted by the board shall before it
14becomes effective be presented to the county executive. If the
15county executive approves such ordinance, resolution or
16motion, the county executive he shall sign it; if not, the
17county executive he shall return it to the board with the his
18objections, which shall be entered and spread upon the
19journal, and the board shall proceed to reconsider the matter.
20If after such reconsideration 3/5 of the members of the board
21pass such ordinance, it shall become effective on the date
22prescribed but not earlier than the date of passage following
23reconsideration. In all such cases the votes of the members of
24the board shall be determined by yeas ayes and nays and the
25names of the members voting for or against such ordinance

 

 

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1objected to by the county executive shall be entered and
2spread upon the journal. If any ordinance is not returned by
3the county executive to the board at its first meeting
4occurring not less than 6 days, Sundays excepted, after it has
5been presented to the county executive him, it shall become
6effective unless the board has recessed or adjourned for a
7period in excess of 60 days, in which case it shall not become
8effective without the approval of the county executive his
9approval. Items of appropriation may be approved or vetoed by
10the county executive. Any item approved by the county
11executive and all items not vetoed shall become law, and any
12item vetoed shall be returned to and reconsidered by the board
13in the same manner as provided in this Section for other
14ordinances returned to the board without approval.
15(Source: P.A. 86-962.)
 
16    (55 ILCS 5/2-5014)  (from Ch. 34, par. 2-5014)
17    Sec. 2-5014. Certified statements by county clerk. At
18least 20 days prior to any referendum under Section 2-5005 or
19Section 2-5013, the county clerk shall file with the Secretary
20of State a certified statement indicating when such a
21referendum will be held. Within 30 days after any such
22referendum the county clerk shall file with the Secretary of
23State a certified statement showing the results of the
24referendum and the resulting status of the county as a home
25rule county or a non-home rule county. The Secretary of State

 

 

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1shall maintain such certified statements in the his office of
2the Secretary of State as a public record.
3(Source: P.A. 86-962.)
 
4    (55 ILCS 5/2-5015)  (from Ch. 34, par. 2-5015)
5    Sec. 2-5015. County board chair; superseding Superseding
6plan for election of county board chairman.
7    (a) Notwithstanding any provision of law to the contrary,
8in a county that has adopted the county executive form of
9government under this Division, the county board chairman,
10county board chairperson, or county board chair shall only
11have those powers and duties set forth in this Division. Any
12powers and duties vested in a county board chairman, county
13board chairperson, or county board chair in any Illinois
14statute, other than this Division, Section 11 of the Public
15Health District Act, and Section 25-11 of the Election Code,
16shall instead be vested in the county executive in those
17counties that have adopted the county executive form of
18government.
19    (b) The adoption of the county executive form of
20government by any county pursuant to this Division shall
21supersede any plan adopted by the county board of that county
22pursuant to Section 2-3007, as now or hereafter amended, for
23the election of the chairman of the county board by the voters
24of the county.
25(Source: P.A. 86-962.)
 

 

 

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1    (55 ILCS 5/2-5017 new)
2    Sec. 2-5017. Regular meetings of the county board. Regular
3and special meetings of the county board may be held in any
4public building located within the county that such county
5board is elected to serve. Prior notice of the building
6selected for the meeting shall be provided by the board
7speaker to each member of the county board in the manner
8provided pursuant to the rules of the county board. Regular
9meetings of the board shall be held in June and September, and
10at such other times as may be determined by the board.
11    At each regular and special meeting which is open to the
12public, members of the public and employees of the county
13shall be afforded time, subject to reasonable constraints, to
14comment to or ask questions of the board.
 
15    (55 ILCS 5/2-5018 new)
16    Sec. 2-5018. Special meetings. Special meetings of the
17board shall be held only when requested by at least one-third
18of the members of the board, or when requested by the county
19executive, which request shall be in writing, addressed to the
20clerk of the board, and specifying the time and place of such
21meeting, upon reception of which the clerk shall immediately
22transmit notice, in writing, of such meeting, to each of the
23members of the board. The clerk shall also cause notice of such
24meeting to be published in a newspaper printed in the county,

 

 

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1if any. If a vacancy arises in the office of clerk, because of
2death or other reason, then the request shall be addressed to
3the circuit clerk who shall perform the duties of the clerk
4pursuant to this Section.
 
5    (55 ILCS 5/2-5019 new)
6    Sec. 2-5019. Speaker of the county board. The county board
7shall, at its first meeting in the month following the month in
8which county board members are elected, choose one of its
9members as speaker for a term of 2 years.
10    A speaker may be removed, with or without cause, upon a
11motion adopted by an affirmative vote of four-fifths of the
12county board. Upon adoption of a motion to remove the speaker:
13(i) the speaker position becomes vacant and the former
14speaker's compensation shall be prorated to the date the
15motion was approved; and (ii) a new speaker shall be elected at
16the next regularly scheduled county board meeting. A speaker
17removed under this Section maintains his or her status as a
18member of the county board.
 
19    (55 ILCS 5/2-5020 new)
20    Sec. 2-5020. Quorum; omnibus votes. A majority of the
21members of any county board shall constitute a quorum for the
22transaction of business; and all questions, ordinances,
23resolutions, or motions which shall arise at meetings shall be
24determined by the votes of the majority of the members

 

 

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1present, except in such cases as is otherwise provided.
2    The county board at any properly noticed public meeting
3may by unanimous consent take a single vote by yeas and nays on
4the several questions of the passage of any 2 or more of the
5designated ordinances, orders, resolutions, or motions placed
6together for voting purposes in a single group. The single
7vote shall be entered separately in the minutes under the
8designation "omnibus vote", and the clerk may enter the words
9"omnibus vote" or "consent agenda" in the minutes in each case
10instead of entering the names of the members of the county
11board voting "yea" and those voting "nay" on the passage of
12each of the designated ordinances, orders, resolutions, and
13motions included in the omnibus group or consent agenda. The
14taking of a single or omnibus vote and the entries of the words
15"omnibus vote" or "consent agenda" in the minutes shall be a
16sufficient compliance with the requirements of this Section to
17all intents and purposes and with like effect as if the vote in
18each case had been taken separately by yeas and nays on the
19question of the passage of each ordinance, order, resolution,
20and motion included in the omnibus group and separately
21recorded in the minutes. Likewise, the yeas and nays shall be
22taken upon the question of the passage of any other ordinance,
23resolution, or motion at the request of any county board
24member and shall be recorded in the minutes.
 
25    (55 ILCS 5/2-5021 new)

 

 

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1    Sec. 2-5021. Open meetings. County board meetings are open
2to the public, and all persons may attend the meetings. The
3vote on all propositions to appropriate money from the county
4treasury shall be taken by "yeas" and "nays" and entered on the
5record of the meeting.
 
6    (55 ILCS 5/2-5022 new)
7    Sec. 2-5022. Administering oaths. The county executive, or
8designee, may administer an oath to any person concerning any
9matter submitted to the board, or connected with its powers
10and duties, and a member of the board may administer the oath
11required by law to a claimant presenting a claim against the
12county to be passed by the board. A member so administering an
13oath to a claimant may not charge a fee for administering the
14oath.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.