Full Text of SB1015 102nd General Assembly
SB1015enr 102ND GENERAL ASSEMBLY |
| | SB1015 Enrolled | | LRB102 05064 AWJ 15083 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Section 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 | 8 | | paragraph, when When a vacancy occurs in any elective county | 9 | | office, or in a
county of less than 3,000,000 population in the | 10 | | office of clerk of the circuit
court, in a county which is not | 11 | | a home rule unit, the county board or board
of county | 12 | | commissioners shall declare that such vacancy exists and
| 13 | | notification thereof
shall be given to the county central | 14 | | committee or the appropriate county board
or board of county | 15 | | commissioners district committee of each established
political | 16 | | party within 3 days of the
occurrence of the vacancy. The | 17 | | vacancy shall be filled
within 60 days by appointment of the | 18 | | chair of the county board
or board of county commissioners | 19 | | with the advice and consent of the county
board or board of | 20 | | county commissioners.
In counties other than Champaign County | 21 | | operating under the county executive form of government under | 22 | | Division 2-5 of the Counties Code, when a vacancy occurs in an | 23 | | elected county office other than in the office of an elected |
| | | SB1015 Enrolled | - 2 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | member of the county board, the county executive shall declare | 2 | | that such vacancy exists and then notification of the vacancy | 3 | | shall be given to the county central committee of each | 4 | | established political party within 3 days of the occurrence of | 5 | | the vacancy, and the vacancy shall be filled within 60 days by | 6 | | appointment of the county executive with the advice and | 7 | | consent of the county board. However, when a vacancy occurs in | 8 | | the office of an elected member of the county board in a county | 9 | | other than Champaign County that is operating under the county | 10 | | executive form of government under Division 2-5 of the | 11 | | Counties Code, the elected county board speaker or county | 12 | | board chair, as the case may be, shall declare that such | 13 | | vacancy exists and then notification shall be given to the | 14 | | appropriate county board district committee of each | 15 | | established political party within 3 days of the occurrence of | 16 | | the vacancy, and the vacancy shall be filled within 60 days by | 17 | | appointment of the elected county board speaker or county | 18 | | board chair, as the case may be, with the advice and consent of | 19 | | the county board. In Champaign County while operating under | 20 | | the county executive form of government under Division 2-5 of | 21 | | the Counties Code, when a vacancy occurs in an elected county | 22 | | office or in the office of an elected member of the county | 23 | | board, the elected county board speaker or county board chair, | 24 | | as the case may be, shall declare that such vacancy exists and | 25 | | then notification shall be given to the county central | 26 | | committee or the appropriate county board district committee |
| | | SB1015 Enrolled | - 3 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | of each established political party within 3 days of the | 2 | | occurrence of the vacancy; and the vacancy shall be filled | 3 | | within 60 days by appointment of the elected county board | 4 | | speaker or county board chair, as the case may be, with the | 5 | | advice and consent of the county board. In counties in which | 6 | | forest preserve district commissioners are
elected by | 7 | | districts and are not also members of the county board, | 8 | | however,
vacancies in the office of forest preserve district | 9 | | commissioner shall be
filled within 60 days by appointment of | 10 | | the president of the forest preserve
district board of | 11 | | commissioners with the advice and consent of the forest
| 12 | | preserve district board of commissioners. In counties in which | 13 | | the forest
preserve district president is not also a member of | 14 | | the county board, vacancies
in
the office of forest preserve | 15 | | district president shall be filled within 60 days
by the | 16 | | forest preserve district board of commissioners by appointing | 17 | | one of the
commissioners to serve as president.
The appointee
| 18 | | shall be a member of the same political party as the person he
| 19 | | succeeds was at the time of his election and shall be otherwise
| 20 | | eligible to serve.
The appointee shall serve the remainder of | 21 | | the unexpired term. However, if
more than 28 months remain in | 22 | | the term, the appointment shall be until the
next general | 23 | | election at which time the vacated office shall be
filled by | 24 | | election for the remainder of the term. In the
case of a | 25 | | vacancy in a seat on a county board or board of county
| 26 | | commissioners which
has been divided into districts under |
| | | SB1015 Enrolled | - 4 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | Section 2-3003 or 2-4006.5 of
the Counties Code, the appointee | 2 | | must also be a resident of the
county board or county | 3 | | commission district.
If a county commissioner ceases to reside | 4 | | in the district that he or
she represents, a vacancy in that | 5 | | office exists.
| 6 | | Except as otherwise provided by county ordinance or by | 7 | | law, in
any county which is a home rule unit, vacancies in | 8 | | elective
county offices, other than the office of chief | 9 | | executive officer,
and vacancies in the office of clerk of the | 10 | | circuit court in a county of
less than 3,000,000 population, | 11 | | shall be filled
by the county board or board of county | 12 | | commissioners.
| 13 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 14 | | Section 10. The Counties Code is amended by changing | 15 | | Sections 2-5003, 2-5007, 2-5009, 2-5010, 2-5014, and 2-5015 | 16 | | and by adding Sections 2-5017, 2-5018, 2-5019, 2-5020, 2-5021, | 17 | | and 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 | 20 | | the
context requires otherwise:
| 21 | | (a) "County board" or "board" means the legislative | 22 | | governing body of any county
other than Cook County which has | 23 | | adopted the county executive form of
government under this | 24 | | Division.
|
| | | SB1015 Enrolled | - 5 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | "County board speaker" or "speaker" means the county board | 2 | | member elected by the county board to serve as the lead | 3 | | representative for the county board, and may be referred to as | 4 | | the "county board speaker", "speaker", "county board chair", | 5 | | or "chair". | 6 | | (b) "County executive" means the county official elected | 7 | | by the voters
of any county other than Cook County to be the | 8 | | chief executive officer to
administer the county executive | 9 | | form of government under this Division.
| 10 | | (c) "County executive form of government" means that form | 11 | | of government
in which the departments of county government | 12 | | are administered by a single
county official called the county | 13 | | executive elected at large by the
qualified voters of the | 14 | | county. The board shall act as the legislative body
of the | 15 | | county 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 | 19 | | executive shall
serve a term of 4 years, commencing on the | 20 | | first Monday in the month
following the month of the election | 21 | | in which the county executive was elected his election and | 22 | | until 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)
|
| | | SB1015 Enrolled | - 6 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | Sec. 2-5009. Duties and powers of county executive. Any | 2 | | county executive elected under this Division shall:
| 3 | | (a) see that all of the orders, resolutions and | 4 | | regulations of the board
are faithfully executed;
| 5 | | (b) coordinate and direct by executive order or otherwise | 6 | | all
administrative and management functions of the county | 7 | | government except the
offices of elected county officers;
| 8 | | (b-5) control the internal operations of the county | 9 | | executive's office and procure the necessary equipment, | 10 | | materials, and services to perform the duties of that office; | 11 | | (c) prepare and submit to the board for its approval the | 12 | | annual budget
for the county required by Division 6-1 of this | 13 | | Code;
| 14 | | (d) appoint, with the advice and consent of the board, | 15 | | persons to serve
on the various boards and commissions to | 16 | | which appointments are provided by
law to be made by the board;
| 17 | | (d-5) make appointments to fill vacancies occurring in the | 18 | | office of an elected county officer other than the office of an | 19 | | elected member of the county board in accordance with Section | 20 | | 25-11 of the Election Code in counties, other than Champaign | 21 | | County, operating under the county executive form of | 22 | | government under this Division; | 23 | | (e) appoint, with the advice and consent of the board, | 24 | | persons to serve
on various special districts within the | 25 | | county except where appointment to
serve on such districts is | 26 | | otherwise provided by law;
|
| | | SB1015 Enrolled | - 7 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | (e-5) except as otherwise provided by law, remove or | 2 | | suspend, in the county executive's discretion and after notice | 3 | | and hearing, anyone whom the county executive has the power to | 4 | | appoint under subsection (d) or (e); | 5 | | (f) make an annual report to the board on the affairs of | 6 | | the county, on
such date and at such time as the board shall | 7 | | designate, and keep the board
fully advised as to the | 8 | | financial condition of the county and its future
financial | 9 | | needs;
| 10 | | (f-5) for a county executive of a county that has adopted | 11 | | the executive form of government on or before the effective | 12 | | date of this amendatory Act of the 96th General Assembly, | 13 | | appoint, with the advice and consent of the board, all | 14 | | department heads for any county departments; | 15 | | (g) hire appoint, with the advice and consent of the | 16 | | board, such subordinate
deputies, employees and appointees for | 17 | | the general administration of county
affairs as considered | 18 | | necessary, except those deputies, employees and
appointees in | 19 | | the office of an elected county officer or county board member | 20 | | officer; however, the advice and consent requirement set forth | 21 | | in this paragraph shall not apply to persons employed as a | 22 | | member of the immediate personal staff of a county executive | 23 | | of a county that has adopted the executive form of government | 24 | | on or before the effective date of this amendatory Act of the | 25 | | 96th General Assembly ;
| 26 | | (h) except as otherwise provided by law, remove or |
| | | SB1015 Enrolled | - 8 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | suspend , in the discretion of the county executive, department | 2 | | heads for a county department and in his discretion, after due | 3 | | notice and hearing,
anyone whom the county executive he has | 4 | | the power to hire under subsection (g); appoint;
| 5 | | (i) require reports and examine accounts, records and | 6 | | operations of all
county administrative units;
| 7 | | (j) supervise the care and custody of all county property | 8 | | including
institutions and agencies;
| 9 | | (k) approve or veto ordinances or resolutions pursuant to | 10 | | Section
2-5010;
| 11 | | (l) preside over board meetings; however, the county | 12 | | executive
is not entitled to vote except to break a tie vote;
| 13 | | (l-5) for a county executive of a county that has adopted | 14 | | the executive form of government on or before the effective | 15 | | date of this amendatory Act of the 96th General Assembly, if | 16 | | the County Executive is temporarily not available to preside | 17 | | over a board meeting, the County Executive shall designate a | 18 | | board member to preside over the board meeting; | 19 | | (m) call a special meeting of the county board, by a | 20 | | written
executive order signed by the county executive him and | 21 | | upon 24 hours notice by delivery of a
copy of such order to the | 22 | | residence of each board member;
| 23 | | (n) with the advice and consent of the county board, enter | 24 | | into
intergovernmental agreements with other governmental | 25 | | units;
| 26 | | (o) with the advice and consent of the county board, |
| | | SB1015 Enrolled | - 9 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | negotiate on
behalf of the county with governmental units and | 2 | | the private sector for the
purpose of promoting economic | 3 | | growth and development;
| 4 | | (p) at the his discretion of the county executive , appoint | 5 | | a person to serve as legal counsel at
an annual salary | 6 | | established by the county board at an amount no greater
than | 7 | | the annual salary of the state's attorney of the county;
| 8 | | (q) perform such other duties as shall be required of the | 9 | | county 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, | 13 | | adopted or
otherwise enacted by the board shall before it | 14 | | becomes effective be
presented to the county executive. If the | 15 | | county executive approves such
ordinance, resolution or | 16 | | motion, the county executive he shall sign it; if not, the | 17 | | county executive he shall return
it to the board with the his | 18 | | objections, which shall be entered and spread upon
the | 19 | | journal, and the board shall proceed to reconsider the matter. | 20 | | If after
such reconsideration 3/5 of the members of the board | 21 | | pass such ordinance,
it shall become effective on the date | 22 | | prescribed but not earlier than the
date of passage following | 23 | | reconsideration. In all such cases the votes of
the members of | 24 | | the board shall be determined by yeas ayes and nays and the | 25 | | names
of the members voting for or against such ordinance |
| | | SB1015 Enrolled | - 10 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | objected to by the
county executive shall be entered and | 2 | | spread upon the journal. If any
ordinance is not returned by | 3 | | the county executive to the board at its first
meeting | 4 | | occurring not less than 6 days, Sundays excepted, after it has | 5 | | been
presented to the county executive him , it shall become | 6 | | effective unless the board has recessed
or adjourned for a | 7 | | period in excess of 60 days, in which case it shall not
become | 8 | | effective without the approval of the county executive his | 9 | | approval . Items of appropriation may be
approved or vetoed by | 10 | | the county executive. Any item approved by the county
| 11 | | executive and all items not vetoed shall become law, and any | 12 | | item vetoed
shall be returned to and reconsidered by the board | 13 | | in the same manner as
provided in this Section for other | 14 | | ordinances 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 | 18 | | least 20 days
prior to any referendum under Section 2-5005 or | 19 | | Section 2-5013, the county
clerk shall file with the Secretary | 20 | | of State a certified statement
indicating when such a | 21 | | referendum will be held. Within 30 days after any
such | 22 | | referendum the county clerk shall file with the Secretary of | 23 | | State a
certified statement showing the results of the | 24 | | referendum and the resulting
status of the county as a home | 25 | | rule county or a non-home rule county. The
Secretary of State |
| | | SB1015 Enrolled | - 11 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | shall maintain such certified statements in the his office of | 2 | | the 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 | 6 | | plan for election of county board chairman. | 7 | | (a) Notwithstanding any provision of law to the contrary, | 8 | | in a county that has adopted the county executive form of | 9 | | government under this Division, the county board chairman, | 10 | | county board chairperson, or county board chair shall only | 11 | | have those powers and duties set forth in this Division. Any | 12 | | powers and duties vested in a county board chairman, county | 13 | | board chairperson, or county board chair in any Illinois | 14 | | statute, other than this Division, Section 11 of the Public | 15 | | Health District Act, and Section 25-11 of the Election Code, | 16 | | shall instead be vested in the county executive in those | 17 | | counties that have adopted the county executive form of | 18 | | government. | 19 | | (b) The adoption of the county executive form of | 20 | | government by any county
pursuant to this Division shall | 21 | | supersede any plan adopted by
the county board of that county | 22 | | pursuant to Section 2-3007, as now or
hereafter amended, for | 23 | | the election of the chairman of the county board by
the voters | 24 | | of the county.
| 25 | | (Source: P.A. 86-962.)
|
| | | SB1015 Enrolled | - 12 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | (55 ILCS 5/2-5017 new) | 2 | | Sec. 2-5017. Regular meetings of the county board. Regular | 3 | | and special meetings of the county board may be held in any | 4 | | public building located within the county that such county | 5 | | board is elected to serve. Prior notice of the building | 6 | | selected for the meeting shall be provided by the board | 7 | | speaker to each member of the county board in the manner | 8 | | provided pursuant to the rules of the county board. Regular | 9 | | meetings of the board shall be held in June and September, and | 10 | | at such other times as may be determined by the board. | 11 | | At each regular and special meeting which is open to the | 12 | | public, members of the public and employees of the county | 13 | | shall be afforded time, subject to reasonable constraints, to | 14 | | comment to or ask questions of the board. | 15 | | (55 ILCS 5/2-5018 new) | 16 | | Sec. 2-5018. Special meetings. Special meetings of the | 17 | | board shall be held only when requested by at least one-third | 18 | | of the members of the board, or when requested by the county | 19 | | executive, which request shall be in writing, addressed to the | 20 | | clerk of the board, and specifying the time and place of such | 21 | | meeting, upon reception of which the clerk shall immediately | 22 | | transmit notice, in writing, of such meeting, to each of the | 23 | | members of the board. The clerk shall also cause notice of such | 24 | | meeting to be published in a newspaper printed in the county, |
| | | SB1015 Enrolled | - 13 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | if any. If a vacancy arises in the office of clerk, because of | 2 | | death or other reason, then the request shall be addressed to | 3 | | the circuit clerk who shall perform the duties of the clerk | 4 | | pursuant to this Section. | 5 | | (55 ILCS 5/2-5019 new) | 6 | | Sec. 2-5019. Speaker of the county board. The county board | 7 | | shall, at its first meeting in the month following the month in | 8 | | which county board members are elected, choose one of its | 9 | | members as speaker for a term of 2 years. | 10 | | A speaker may be removed, with or without cause, upon a | 11 | | motion adopted by an affirmative vote of four-fifths of the | 12 | | county board. Upon adoption of a motion to remove the speaker: | 13 | | (i) the speaker position becomes vacant and the former | 14 | | speaker's compensation shall be prorated to the date the | 15 | | motion was approved; and (ii) a new speaker shall be elected at | 16 | | the next regularly scheduled county board meeting. A speaker | 17 | | removed under this Section maintains his or her status as a | 18 | | member of the county board. | 19 | | (55 ILCS 5/2-5020 new) | 20 | | Sec. 2-5020. Quorum; omnibus votes. A majority of the | 21 | | members of any county board shall constitute a quorum for the | 22 | | transaction of business; and all questions, ordinances, | 23 | | resolutions, or motions which shall arise at meetings shall be | 24 | | determined by the votes of the majority of the members |
| | | SB1015 Enrolled | - 14 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | present, except in such cases as is otherwise provided. | 2 | | The county board at any properly noticed public meeting | 3 | | may by unanimous consent take a single vote by yeas and nays on | 4 | | the several questions of the passage of any 2 or more of the | 5 | | designated ordinances, orders, resolutions, or motions placed | 6 | | together for voting purposes in a single group. The single | 7 | | vote shall be entered separately in the minutes under the | 8 | | designation "omnibus vote", and the clerk may enter the words | 9 | | "omnibus vote" or "consent agenda" in the minutes in each case | 10 | | instead of entering the names of the members of the county | 11 | | board voting "yea" and those voting "nay" on the passage of | 12 | | each of the designated ordinances, orders, resolutions, and | 13 | | motions included in the omnibus group or consent agenda. The | 14 | | taking of a single or omnibus vote and the entries of the words | 15 | | "omnibus vote" or "consent agenda" in the minutes shall be a | 16 | | sufficient compliance with the requirements of this Section to | 17 | | all intents and purposes and with like effect as if the vote in | 18 | | each case had been taken separately by yeas and nays on the | 19 | | question of the passage of each ordinance, order, resolution, | 20 | | and motion included in the omnibus group and separately | 21 | | recorded in the minutes. Likewise, the yeas and nays shall be | 22 | | taken upon the question of the passage of any other ordinance, | 23 | | resolution, or motion at the request of any county board | 24 | | member and shall be recorded in the minutes. | 25 | | (55 ILCS 5/2-5021 new) |
| | | SB1015 Enrolled | - 15 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | Sec. 2-5021. Open meetings. County board meetings are open | 2 | | to the public, and all persons may attend the meetings. The | 3 | | vote on all propositions to appropriate money from the county | 4 | | treasury shall be taken by "yeas" and "nays" and entered on the | 5 | | record of the meeting. | 6 | | (55 ILCS 5/2-5022 new) | 7 | | Sec. 2-5022. Administering oaths. The county executive, or | 8 | | designee, may administer an oath to any person concerning any | 9 | | matter submitted to the board, or connected with its powers | 10 | | and duties, and a member of the board may administer the oath | 11 | | required by law to a claimant presenting a claim against the | 12 | | county to be passed by the board. A member so administering an | 13 | | oath to a claimant may not charge a fee for administering the | 14 | | oath.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
|
|