Bill Amendment: IL HB3596 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: COUNTY CD-TRANSITIONAL AUDITS

Status: 2019-04-12 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB3596 Detail]

Download: Illinois-2019-HB3596-House_Amendment_002.html

---

Rep. Sam Yingling

Filed: 4/9/2019

10100HB3596ham002 LRB101 08170 AWJ 59586 a
AMENDMENT TO HOUSE BILL 3596
AMENDMENT NO. ______. Amend House Bill 3596, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Property Tax Code is amended by changing
Section 3-5 as follows:
(35 ILCS 200/3-5)
Sec. 3-5. Supervisor of assessments. In counties with less
than 3,000,000 inhabitants and in which no county assessor has
been elected under Section 3-45, there shall be a county
supervisor of assessments, either appointed as provided in this
Section, or elected.
In counties with less than 3,000,000 inhabitants and not
having an elected county assessor or an elected supervisor of
assessments, the office of supervisor of assessments shall be
filled by appointment by the presiding officer of the county

10100HB3596ham002 - 2 - LRB101 08170 AWJ 59586 a
board with the advice and consent of the county board.
To be eligible for appointment or to be eligible to file
nomination papers or participate as a candidate in any primary
or general election for, or be elected to, the office of
supervisor of assessments, or to enter upon the duties of the
office, a person must possess one of the following
qualifications as certified by the individual to the county
clerk:
(1) A Certified Illinois Assessing Official
certificate from the Illinois Property Assessment
Institute, plus the additional training required for
additional compensation under Section 4-10.
(2) A Certified Assessment Evaluator certificate from
the International Association of Assessing Officers.
(3) A Member of the Appraisal Institute (MAI),
Residential Member (RM), Senior Real Estate Analyst
(SREA), Senior Real Property Analyst (SRPA) or Senior
Residential Analyst (SRA) certificate from the Appraisal
Institute or its predecessor organizations.
(4) If the person has served as a supervisor of
assessments for 12 years or more, a Certified Illinois
Assessing Official certificate from the Illinois Property
Assessment Institute with a minimum of 360 additional hours
of successfully completed courses approved by the
Department if at least 180 of the course hours required a
written examination.

10100HB3596ham002 - 3 - LRB101 08170 AWJ 59586 a
In addition, a person must have had at least 2 years'
experience in the field of property sales, assessments, finance
or appraisals and must have passed an examination conducted by
the Department to determine his or her competence to hold the
office. The examination may be conducted by the Department at a
convenient location in the county or region. Notice of the time
and place shall be given by publication in a newspaper of
general circulation in the counties, at least one week prior to
the exam. The Department shall certify to the county board a
list of the names and scores of persons who pass the
examination. The Department may provide by rule the maximum
time that the name of a person who has passed the examination
will be included on a list of persons eligible for appointment
or election. The term of office shall be 4 years from the date
of appointment and until a successor is appointed and
qualified.
Notwithstanding any other provision of law, in a county
with a population of more than 500,000 that does not have an
elected county board chairman or executive and has an appointed
supervisor of assessments, the office of supervisor of
assessments shall be an elected position beginning with the
general election held in 2020 and shall take office January 1,
2021. The supervisor of assessments serving on the date of the
election shall continue to serve until his or her successor is
elected and qualified.
(Source: P.A. 92-667, eff. 7-16-02.)

10100HB3596ham002 - 4 - LRB101 08170 AWJ 59586 a
Section 10. The Counties Code is amended by changing
Sections 2-1003, 2-5009, and 3-4004 and by adding Sections
1-6003.5 and 6-31013 and Division 5-45 as follows:
(55 ILCS 5/1-6003.5 new)
Sec. 1-6003.5. Legal representation for county board or
elected official.
(a) The chairperson of the county board may appoint, with
the advice and consent of the county board, an outside attorney
to serve as legal counsel to the county board. The chairperson
may choose the State's Attorney as legal counsel.
(b) A countywide elected official may select an outside
attorney to serve as legal counsel to the countywide elected
official. The countywide elected official may choose the
State's Attorney as legal counsel.
(c) The county board chairperson, by written order filed
with the county clerk, may discontinue the appointment of the
outside counsel appointed under subsection (a) of this Section.
After discontinuance, no outside counsel filling the office
before the discontinuance shall have any claim against the
county for compensation alleged to accrue after the date of
discontinuance.
(d) Vacancies for outside counsel may be filled in the same
manner as appointments are made under subsection (a) or (b).
(e) The duty of a State's Attorney to be legal counsel

10100HB3596ham002 - 5 - LRB101 08170 AWJ 59586 a
under this Section is in addition to the duties of the State's
Attorney under Division 3-9.
(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 chairman and vice-chairman shall be
elected by a majority of those elected to the board. 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. If the position of
chairman becomes vacant, the vice-chairman shall serve as
chairman until a new chairman is elected to fill the remainder
of the former chairman's term.
A chairman who is elected by the county board may be
removed, for cause 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 position
of chairman becomes vacant and the former chairman's
compensation shall be prorated to the date the motion was

10100HB3596ham002 - 6 - LRB101 08170 AWJ 59586 a
approved; (ii) the vice-chairman immediately assumes the
duties of chairman without additional 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 5/2-5009) (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;
(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;
(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;
(f) make an annual report to the board on the affairs of

10100HB3596ham002 - 7 - LRB101 08170 AWJ 59586 a
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) 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; however, the advice and consent
requirement set forth in this paragraph shall not apply to: (1)
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, or (2) persons
appointed by the county executive after the approval of an
annual budget within the fiscal year of the approved annual
budget;
(h) remove or suspend in his discretion, after due notice
and hearing, anyone whom he has the power to 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

10100HB3596ham002 - 8 - LRB101 08170 AWJ 59586 a
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 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 his discretion, 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;

10100HB3596ham002 - 9 - LRB101 08170 AWJ 59586 a
(q) perform such other duties as shall be required of him
by the board.
(Source: P.A. 96-1540, eff. 3-7-11.)
(55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)
Sec. 3-4004. Appointment of Public Defender in counties
under 1,000,000.
(a) In counties with a population under 700,000, As soon as
may be after this Division becomes applicable to a county with
a population under 1,000,000, the judges of the Circuit Court
of the circuit in which the county is located shall, by a
majority vote of the entire number of those judges, appoint to
the office of Public Defender a properly qualified person, who
shall hold office, his or her death or resignation not
intervening, at the pleasure of the judges competent to
appoint. Whenever a vacancy occurs in the office it shall be
filled in the same manner, and the person appointed to fill the
vacancy shall have the same tenure of office.
(b) In counties with a population of at least 700,000 but
less than 1,000,000, the procedure for appointing a Public
Defender in subsection (a) applies unless the county board, by
resolution, allows the chairperson of the county board to
appoint a qualified person to the office of Public Defender
when a vacancy occurs. If the county board approves a
resolution for the Public Defender to be appointed by the
chairperson, the chairperson shall appoint the Public Defender

10100HB3596ham002 - 10 - LRB101 08170 AWJ 59586 a
with the advice and consent of the county board.
(Source: P.A. 86-962; 87-111.)
(55 ILCS 5/6-31013 new)
Sec. 6-31013. Transitional audits.
(a) A county board must 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.

10100HB3596ham002 - 11 - LRB101 08170 AWJ 59586 a
(55 ILCS 5/Div. 5-45 heading new)
Division 5-45. Non-Home Rule County Boards
(55 ILCS 5/5-45001 new)
Sec. 5-45001. Applicability; conflict with other laws.
This Division applies to non-home rule counties. If there is a
conflict between the provisions of this Division and any other
provision of law as the provisions relate to non-home rule
counties, the provisions of this Division control.
(55 ILCS 5/5-45005 new)
Sec. 5-45005. County board chairperson; employees. In a
county with a county board chairperson who is unable alone to
perform all duties of the office, he or she may appoint
employees required for operation of the office. The county
board shall provide funding for employees necessary to assist
the chairperson in the fulfillment of his or her duties. The
board may not reclassify employees in the chairperson's office
or transfer employees out of the chairperson's office without
the chairperson's permission.
(55 ILCS 5/5-45010 new)
Sec. 5-45010. Elimination of advisory committees or
commissions. The county board chairperson may eliminate
advisory or ad hoc committees or commissions for any of the
following reasons or other good cause the chairperson may find:

10100HB3596ham002 - 12 - LRB101 08170 AWJ 59586 a
(1) infrequency of committee or commission meetings; or (2)
lack of qualified candidates willing to serve on a committee or
commission.
(55 ILCS 5/5-45015 new)
Sec. 5-45015. Creation of standing committees by chairman;
appointment of members. With the advice and consent of a
majority of the county board, the county board chairman may:
(1) create standing committees; and (2) appoint members and
chairpersons to standing committees.
(55 ILCS 5/5-45020 new)
Sec. 5-45020. Meeting agendas. The county board
chairperson, or his or her designee, shall set the agendas for
all county board meetings.
(55 ILCS 5/5-45025 new)
Sec. 5-45025. Appointment of county administrator.
(a) The county board chairperson, with the advice and
consent of the county board, may appoint a county
administrator. The county board chairperson may remove the
county administrator. After removal, no county administrator
filling the office before his or her removal shall have any
claim against the county for compensation alleged to accrue
after the date of discontinuance. The county board chairperson
shall be chief operating officer of the county. The county

10100HB3596ham002 - 13 - LRB101 08170 AWJ 59586 a
administrator shall perform duties at the direction of the
chairperson.
(b) Vacancies for an appointed county administrator may be
filled in the same manner as appointments are made under
subsection (a).
(c) If an appointed county administrator ceases to perform
the duties of or to hold the office by reason of removal,
resignation, death, permanent physical or mental disability,
conviction of a disqualifying crime, dismissal, retirement, or
abandonment of office, the county board chairperson may appoint
a temporary successor to the office until that time a permanent
county administrator is approved in the manner provided for
under subsection (a).
(55 ILCS 5/5-45030 new)
Sec. 5-45030. Reduction of county board chairperson's
powers. A three-fifths vote of the county board is required to
reduce the chairperson's powers set forth in the county board
rules or granted by resolution. The board may not reduce any
powers of the chairperson given to the chairperson in this
Division.
(55 ILCS 5/5-45035 new)
Sec. 5-45035. Contracts for goods and services valued at
more than $30,000.
(a) Vendors wishing to contract with a county for goods and

10100HB3596ham002 - 14 - LRB101 08170 AWJ 59586 a
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 a county elected official,
department director, deputy director and a manager, owner,
principal, or officer of the vendor's company. "Familial
relationship" means a spouse (including civil partner), child,
stepchild, parent, stepparent, grandparent, in-laws (including
parent, grandparent, sibling, or child), relatives and
non-relatives living in the same residence, and offspring born
to any previously-mentioned person.
(b) If a vendor wishing to contract has a familial
relationship disclosed under subsection (a), then the contract
can only be approved or renewed by roll call vote and not on a
consent agenda. The vote to approve or renew the contract must
be preceded by a recitation by the chairperson, which includes
the name of the elected official or employee and the nature of
the familial relationship being disclosed.
(c) A contract subject to this Section which is not
approved as provided in this Section is void.
(55 ILCS 5/5-45040 new)
Sec. 5-45040. Reduction or diversion of funds. The county
chairperson has authority to reduce or divert moneys from a
county fund with assets exceeding 150% of the previous year's
expenditures from that fund. Any moneys removed or diverted
from a fund shall proportionately be distributed to taxpayers

10100HB3596ham002 - 15 - LRB101 08170 AWJ 59586 a
in the form of an abatement as provided for in Section 18-165
of the Property Tax Code. Infrastructure funds are exempt from
reduction or diversion under this Section.
(55 ILCS 5/5-45045 new)
Sec. 5-45045. Attendance; quorum. Notwithstanding any
provision in the Open Meetings Act, each county board meeting
must have a quorum of board members physically present, but, if
there is a quorum of board members physically present, then
other board members are permitted to attend county board
meetings remotely by telephone or video conferencing due to an
excused absence, such as military service, health, or business
obligations. The county board chairperson determines what
constitutes an excused absence.
(55 ILCS 5/5-45050 new)
Sec. 5-45050. County inspector general. The county board
may appoint an inspector general to investigate waste, fraud,
and abuse, and other fiscal misconduct. The inspector general
may turn over any findings of waste, fraud, and abuse, and
other fiscal misconduct to the State's Attorney for
prosecution.
(55 ILCS 5/5-45055 new)
Sec. 5-45055. Employees of countywide elected officials. A
countywide elected official is responsible for all employment

10100HB3596ham002 - 16 - LRB101 08170 AWJ 59586 a
decisions within his or her respective office.
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, 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

10100HB3596ham002 - 17 - LRB101 08170 AWJ 59586 a
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 under subsection (a) may be
removed, for cause 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 additional compensation and if the officer removed is
the treasurer or the 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 to fill the remainder of the
former officer's term 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

10100HB3596ham002 - 18 - LRB101 08170 AWJ 59586 a
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

10100HB3596ham002 - 19 - LRB101 08170 AWJ 59586 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.)
Section 99. Effective date. This Act takes effect upon
becoming law.".