Public Act 102-1120
 
SB1015 EnrolledLRB102 05064 AWJ 15083 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing
Section 25-11 as follows:
 
    (10 ILCS 5/25-11)  (from Ch. 46, par. 25-11)
    Sec. 25-11. Except as otherwise provided in this
paragraph, when When a vacancy occurs in any elective county
office, or in a county of less than 3,000,000 population in the
office of clerk of the circuit court, in a county which is not
a home rule unit, the county board or board of county
commissioners shall declare that such vacancy exists and
notification thereof shall be given to the county central
committee or the appropriate county board or board of county
commissioners district committee of each established political
party within 3 days of the occurrence of the vacancy. The
vacancy shall be filled within 60 days by appointment of the
chair of the county board or board of county commissioners
with the advice and consent of the county board or board of
county commissioners. In counties other than Champaign County
operating under the county executive form of government under
Division 2-5 of the Counties Code, when a vacancy occurs in an
elected county office other than in the office of an elected
member of the county board, the county executive shall declare
that such vacancy exists and then notification of the vacancy
shall be given to the county central committee of each
established political party within 3 days of the occurrence of
the vacancy, and the vacancy shall be filled within 60 days by
appointment of the county executive with the advice and
consent of the county board. However, when a vacancy occurs in
the office of an elected member of the county board in a county
other than Champaign County that is operating under the county
executive form of government under Division 2-5 of the
Counties Code, the elected county board speaker or county
board chair, as the case may be, shall declare that such
vacancy exists and then notification shall be given to the
appropriate county board district committee of each
established political party within 3 days of the occurrence of
the vacancy, and the vacancy shall be filled within 60 days by
appointment of the elected county board speaker or county
board chair, as the case may be, with the advice and consent of
the county board. In Champaign County while operating under
the county executive form of government under Division 2-5 of
the Counties Code, when a vacancy occurs in an elected county
office or in the office of an elected member of the county
board, the elected county board speaker or county board chair,
as the case may be, shall declare that such vacancy exists and
then notification shall be given to the county central
committee or the appropriate county board district committee
of each established political party within 3 days of the
occurrence of the vacancy; and the vacancy shall be filled
within 60 days by appointment of the elected county board
speaker or county board chair, as the case may be, with the
advice and consent of the county board. In counties in which
forest preserve district commissioners are elected by
districts and are not also members of the county board,
however, vacancies in the office of forest preserve district
commissioner shall be filled within 60 days by appointment of
the president of the forest preserve district board of
commissioners with the advice and consent of the forest
preserve district board of commissioners. In counties in which
the forest preserve district president is not also a member of
the county board, vacancies in the office of forest preserve
district president shall be filled within 60 days by the
forest preserve district board of commissioners by appointing
one of the commissioners to serve as president. The appointee
shall be a member of the same political party as the person he
succeeds was at the time of his election and shall be otherwise
eligible to serve. The appointee shall serve the remainder of
the unexpired term. However, if more than 28 months remain in
the term, the appointment shall be until the next general
election at which time the vacated office shall be filled by
election for the remainder of the term. In the case of a
vacancy in a seat on a county board or board of county
commissioners which has been divided into districts under
Section 2-3003 or 2-4006.5 of the Counties Code, the appointee
must also be a resident of the county board or county
commission district. If a county commissioner ceases to reside
in the district that he or she represents, a vacancy in that
office exists.
    Except as otherwise provided by county ordinance or by
law, in any county which is a home rule unit, vacancies in
elective county offices, other than the office of chief
executive officer, and vacancies in the office of clerk of the
circuit court in a county of less than 3,000,000 population,
shall be filled by the county board or board of county
commissioners.
(Source: P.A. 100-1027, eff. 1-1-19.)
 
    Section 10. The Counties Code is amended by changing
Sections 2-5003, 2-5007, 2-5009, 2-5010, 2-5014, and 2-5015
and by adding Sections 2-5017, 2-5018, 2-5019, 2-5020, 2-5021,
and 2-5022 as follows:
 
    (55 ILCS 5/2-5003)  (from Ch. 34, par. 2-5003)
    Sec. 2-5003. Definitions. As used in this Division, unless
the context requires otherwise:
    (a) "County board" or "board" means the legislative
governing body of any county other than Cook County which has
adopted the county executive form of government under this
Division.
    "County board speaker" or "speaker" means the county board
member elected by the county board to serve as the lead
representative for the county board, and may be referred to as
the "county board speaker", "speaker", "county board chair",
or "chair".
    (b) "County executive" means the county official elected
by the voters of any county other than Cook County to be the
chief executive officer to administer the county executive
form of government under this Division.
    (c) "County executive form of government" means that form
of government in which the departments of county government
are administered by a single county official called the county
executive elected at large by the qualified voters of the
county. The board shall act as the legislative body of the
county under this form of county government.
(Source: P.A. 86-926.)
 
    (55 ILCS 5/2-5007)  (from Ch. 34, par. 2-5007)
    Sec. 2-5007. Term of county executive. The county
executive shall serve a term of 4 years, commencing on the
first Monday in the month following the month of the election
in which the county executive was elected his election and
until a his successor is elected and qualified.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/2-5009)  (from Ch. 34, par. 2-5009)
    Sec. 2-5009. Duties and powers of county executive. Any
county executive elected under this Division shall:
    (a) see that all of the orders, resolutions and
regulations of the board are faithfully executed;
    (b) coordinate and direct by executive order or otherwise
all administrative and management functions of the county
government except the offices of elected county officers;
    (b-5) control the internal operations of the county
executive's office and procure the necessary equipment,
materials, and services to perform the duties of that office;
    (c) prepare and submit to the board for its approval the
annual budget for the county required by Division 6-1 of this
Code;
    (d) appoint, with the advice and consent of the board,
persons to serve on the various boards and commissions to
which appointments are provided by law to be made by the board;
    (d-5) make appointments to fill vacancies occurring in the
office of an elected county officer other than the office of an
elected member of the county board in accordance with Section
25-11 of the Election Code in counties, other than Champaign
County, operating under the county executive form of
government under this Division;
    (e) appoint, with the advice and consent of the board,
persons to serve on various special districts within the
county except where appointment to serve on such districts is
otherwise provided by law;
    (e-5) except as otherwise provided by law, remove or
suspend, in the county executive's discretion and after notice
and hearing, anyone whom the county executive has the power to
appoint under subsection (d) or (e);
    (f) make an annual report to the board on the affairs of
the county, on such date and at such time as the board shall
designate, and keep the board fully advised as to the
financial condition of the county and its future financial
needs;
    (f-5) for a county executive of a county that has adopted
the executive form of government on or before the effective
date of this amendatory Act of the 96th General Assembly,
appoint, with the advice and consent of the board, all
department heads for any county departments;
    (g) hire appoint, with the advice and consent of the
board, such subordinate deputies, employees and appointees for
the general administration of county affairs as considered
necessary, except those deputies, employees and appointees in
the office of an elected county officer or county board member
officer; however, the advice and consent requirement set forth
in this paragraph shall not apply to persons employed as a
member of the immediate personal staff of a county executive
of a county that has adopted the executive form of government
on or before the effective date of this amendatory Act of the
96th General Assembly;
    (h) except as otherwise provided by law, remove or
suspend, in the discretion of the county executive, department
heads for a county department and in his discretion, after due
notice and hearing, anyone whom the county executive he has
the power to hire under subsection (g); appoint;
    (i) require reports and examine accounts, records and
operations of all county administrative units;
    (j) supervise the care and custody of all county property
including institutions and agencies;
    (k) approve or veto ordinances or resolutions pursuant to
Section 2-5010;
    (l) preside over board meetings; however, the county
executive is not entitled to vote except to break a tie vote;
    (l-5) for a county executive of a county that has adopted
the executive form of government on or before the effective
date of this amendatory Act of the 96th General Assembly, if
the County Executive is temporarily not available to preside
over a board meeting, the County Executive shall designate a
board member to preside over the board meeting;
    (m) call a special meeting of the county board, by a
written executive order signed by the county executive him and
upon 24 hours notice by delivery of a copy of such order to the
residence of each board member;
    (n) with the advice and consent of the county board, enter
into intergovernmental agreements with other governmental
units;
    (o) with the advice and consent of the county board,
negotiate on behalf of the county with governmental units and
the private sector for the purpose of promoting economic
growth and development;
    (p) at the his discretion of the county executive, appoint
a person to serve as legal counsel at an annual salary
established by the county board at an amount no greater than
the annual salary of the state's attorney of the county;
    (q) perform such other duties as shall be required of the
county executive him by the board.
(Source: P.A. 96-1540, eff. 3-7-11.)
 
    (55 ILCS 5/2-5010)  (from Ch. 34, par. 2-5010)
    Sec. 2-5010. Approval of ordinances. Any ordinance passed,
adopted or otherwise enacted by the board shall before it
becomes effective be presented to the county executive. If the
county executive approves such ordinance, resolution or
motion, the county executive he shall sign it; if not, the
county executive he shall return it to the board with the his
objections, which shall be entered and spread upon the
journal, and the board shall proceed to reconsider the matter.
If after such reconsideration 3/5 of the members of the board
pass such ordinance, it shall become effective on the date
prescribed but not earlier than the date of passage following
reconsideration. In all such cases the votes of the members of
the board shall be determined by yeas ayes and nays and the
names of the members voting for or against such ordinance
objected to by the county executive shall be entered and
spread upon the journal. If any ordinance is not returned by
the county executive to the board at its first meeting
occurring not less than 6 days, Sundays excepted, after it has
been presented to the county executive him, it shall become
effective unless the board has recessed or adjourned for a
period in excess of 60 days, in which case it shall not become
effective without the approval of the county executive his
approval. Items of appropriation may be approved or vetoed by
the county executive. Any item approved by the county
executive and all items not vetoed shall become law, and any
item vetoed shall be returned to and reconsidered by the board
in the same manner as provided in this Section for other
ordinances returned to the board without approval.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/2-5014)  (from Ch. 34, par. 2-5014)
    Sec. 2-5014. Certified statements by county clerk. At
least 20 days prior to any referendum under Section 2-5005 or
Section 2-5013, the county clerk shall file with the Secretary
of State a certified statement indicating when such a
referendum will be held. Within 30 days after any such
referendum the county clerk shall file with the Secretary of
State a certified statement showing the results of the
referendum and the resulting status of the county as a home
rule county or a non-home rule county. The Secretary of State
shall maintain such certified statements in the his office of
the Secretary of State as a public record.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/2-5015)  (from Ch. 34, par. 2-5015)
    Sec. 2-5015. County board chair; superseding Superseding
plan for election of county board chairman.
    (a) Notwithstanding any provision of law to the contrary,
in a county that has adopted the county executive form of
government under this Division, the county board chairman,
county board chairperson, or county board chair shall only
have those powers and duties set forth in this Division. Any
powers and duties vested in a county board chairman, county
board chairperson, or county board chair in any Illinois
statute, other than this Division, Section 11 of the Public
Health District Act, and Section 25-11 of the Election Code,
shall instead be vested in the county executive in those
counties that have adopted the county executive form of
government.
    (b) The adoption of the county executive form of
government by any county pursuant to this Division shall
supersede any plan adopted by the county board of that county
pursuant to Section 2-3007, as now or hereafter amended, for
the election of the chairman of the county board by the voters
of the county.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/2-5017 new)
    Sec. 2-5017. Regular meetings of the county board. Regular
and special meetings of the county board may be held in any
public building located within the county that such county
board is elected to serve. Prior notice of the building
selected for the meeting shall be provided by the board
speaker to each member of the county board in the manner
provided pursuant to the rules of the county board. Regular
meetings of the board shall be held in June and September, and
at such other times as may be determined by the board.
    At each regular and special meeting which is open to the
public, members of the public and employees of the county
shall be afforded time, subject to reasonable constraints, to
comment to or ask questions of the board.
 
    (55 ILCS 5/2-5018 new)
    Sec. 2-5018. Special meetings. Special meetings of the
board shall be held only when requested by at least one-third
of the members of the board, or when requested by the county
executive, which request shall be in writing, addressed to the
clerk of the board, and specifying the time and place of such
meeting, upon reception of which the clerk shall immediately
transmit notice, in writing, of such meeting, to each of the
members of the board. The clerk shall also cause notice of such
meeting to be published in a newspaper printed in the county,
if any. If a vacancy arises in the office of clerk, because of
death or other reason, then the request shall be addressed to
the circuit clerk who shall perform the duties of the clerk
pursuant to this Section.
 
    (55 ILCS 5/2-5019 new)
    Sec. 2-5019. Speaker of the county board. The county board
shall, at its first meeting in the month following the month in
which county board members are elected, choose one of its
members as speaker for a term of 2 years.
    A speaker 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 speaker:
(i) the speaker position becomes vacant and the former
speaker's compensation shall be prorated to the date the
motion was approved; and (ii) a new speaker shall be elected at
the next regularly scheduled county board meeting. A speaker
removed under this Section maintains his or her status as a
member of the county board.
 
    (55 ILCS 5/2-5020 new)
    Sec. 2-5020. Quorum; omnibus votes. A majority of the
members of any county board shall constitute a quorum for the
transaction of business; and all questions, ordinances,
resolutions, or motions which shall arise at meetings shall be
determined by the votes of the majority of the members
present, except in such cases as is otherwise provided.
    The county board at any properly noticed public meeting
may by unanimous consent take a single vote by yeas and nays on
the several questions of the passage of any 2 or more of the
designated ordinances, orders, resolutions, or motions placed
together for voting purposes in a single group. The single
vote shall be entered separately in the minutes under the
designation "omnibus vote", and the clerk may enter the words
"omnibus vote" or "consent agenda" in the minutes in each case
instead of entering the names of the members of the county
board voting "yea" and those voting "nay" on the passage of
each of the designated ordinances, orders, resolutions, and
motions included in the omnibus group or consent agenda. The
taking of a single or omnibus vote and the entries of the words
"omnibus vote" or "consent agenda" in the minutes shall be a
sufficient compliance with the requirements of this Section to
all intents and purposes and with like effect as if the vote in
each case had been taken separately by yeas and nays on the
question of the passage of each ordinance, order, resolution,
and motion included in the omnibus group and separately
recorded in the minutes. Likewise, the yeas and nays shall be
taken upon the question of the passage of any other ordinance,
resolution, or motion at the request of any county board
member and shall be recorded in the minutes.
 
    (55 ILCS 5/2-5021 new)
    Sec. 2-5021. Open meetings. County board meetings are open
to the public, and all persons may attend the meetings. The
vote on all propositions to appropriate money from the county
treasury shall be taken by "yeas" and "nays" and entered on the
record of the meeting.
 
    (55 ILCS 5/2-5022 new)
    Sec. 2-5022. Administering oaths. The county executive, or
designee, may administer an oath to any person concerning any
matter submitted to the board, or connected with its powers
and duties, and a member of the board may administer the oath
required by law to a claimant presenting a claim against the
county to be passed by the board. A member so administering an
oath to a claimant may not charge a fee for administering the
oath.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.