Bill Amendment: IL SB1015 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COUNTY EXECUTIVE-POWER-VACANCY
Status: 2023-01-23 - Public Act . . . . . . . . . 102-1120 [SB1015 Detail]
Download: Illinois-2021-SB1015-Senate_Amendment_001.html
Bill Title: COUNTY EXECUTIVE-POWER-VACANCY
Status: 2023-01-23 - Public Act . . . . . . . . . 102-1120 [SB1015 Detail]
Download: Illinois-2021-SB1015-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1015
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1015 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
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 |
| |||||||
| |||||||
1 | vacancy shall be filled
within 60 days by appointment of the | ||||||
2 | chair of the county board
or board of county commissioners | ||||||
3 | with the advice and consent of the county
board or board of | ||||||
4 | county commissioners.
In counties other than Champaign County | ||||||
5 | operating under the county executive form of government under | ||||||
6 | Division 2-5 of the Counties Code, when a vacancy occurs in an | ||||||
7 | elected county office or in the office of an elected member of | ||||||
8 | the county board, the county executive shall declare that such | ||||||
9 | vacancy exists and then notification of the vacancy shall be | ||||||
10 | given to the county central committee or the appropriate | ||||||
11 | county board district committee of each established political | ||||||
12 | party within 3 days of the occurrence of the vacancy; and the | ||||||
13 | vacancy shall be filled within 60 days by appointment of the | ||||||
14 | county executive with the advice and consent of the county | ||||||
15 | board. In Champaign County while operating under the county | ||||||
16 | executive form of government under Division 2-5 of the | ||||||
17 | Counties Code, when a vacancy occurs in an elected county | ||||||
18 | office or in the office of an elected member of the county | ||||||
19 | board, the elected county board speaker or county board chair, | ||||||
20 | as the case may be, shall declare that such vacancy exists and | ||||||
21 | then notification shall be given to the county central | ||||||
22 | committee or the appropriate county board district committee | ||||||
23 | of each established political party within 3 days of the | ||||||
24 | occurrence of the vacancy; and the vacancy shall be filled | ||||||
25 | within 60 days by appointment of the elected county board | ||||||
26 | speaker or county board chair, as the case may be, with the |
| |||||||
| |||||||
1 | advice and consent of the county board. In counties in which | ||||||
2 | forest preserve district commissioners are
elected by | ||||||
3 | districts and are not also members of the county board, | ||||||
4 | however,
vacancies in the office of forest preserve district | ||||||
5 | commissioner shall be
filled within 60 days by appointment of | ||||||
6 | the president of the forest preserve
district board of | ||||||
7 | commissioners with the advice and consent of the forest
| ||||||
8 | preserve district board of commissioners. In counties in which | ||||||
9 | the forest
preserve district president is not also a member of | ||||||
10 | the county board, vacancies
in
the office of forest preserve | ||||||
11 | district president shall be filled within 60 days
by the | ||||||
12 | forest preserve district board of commissioners by appointing | ||||||
13 | one of the
commissioners to serve as president.
The appointee
| ||||||
14 | shall be a member of the same political party as the person he
| ||||||
15 | succeeds was at the time of his election and shall be otherwise
| ||||||
16 | eligible to serve.
The appointee shall serve the remainder of | ||||||
17 | the unexpired term. However, if
more than 28 months remain in | ||||||
18 | the term, the appointment shall be until the
next general | ||||||
19 | election at which time the vacated office shall be
filled by | ||||||
20 | election for the remainder of the term. In the
case of a | ||||||
21 | vacancy in a seat on a county board or board of county
| ||||||
22 | commissioners which
has been divided into districts under | ||||||
23 | Section 2-3003 or 2-4006.5 of
the Counties Code, the appointee | ||||||
24 | must also be a resident of the
county board or county | ||||||
25 | commission district.
If a county commissioner ceases to reside | ||||||
26 | in the district that he or
she represents, a vacancy in that |
| |||||||
| |||||||
1 | office exists.
| ||||||
2 | Except as otherwise provided by county ordinance or by | ||||||
3 | law, in
any county which is a home rule unit, vacancies in | ||||||
4 | elective
county offices, other than the office of chief | ||||||
5 | executive officer,
and vacancies in the office of clerk of the | ||||||
6 | circuit court in a county of
less than 3,000,000 population, | ||||||
7 | shall be filled
by the county board or board of county | ||||||
8 | commissioners.
| ||||||
9 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
10 | Section 10. The Counties Code is amended by changing | ||||||
11 | Sections 2-5003, 2-5007, 2-5009, 2-5010, 2-5014, and 2-5015 | ||||||
12 | and by adding Sections 2-5017, 2-5018, 2-5019, 2-5020, 2-5021, | ||||||
13 | and 2-5022 as follows:
| ||||||
14 | (55 ILCS 5/2-5003) (from Ch. 34, par. 2-5003)
| ||||||
15 | Sec. 2-5003. Definitions. As used in this Division, unless | ||||||
16 | the
context requires otherwise:
| ||||||
17 | (a) "County board" or "board" means the legislative | ||||||
18 | governing body of any county
other than Cook County which has | ||||||
19 | adopted the county executive form of
government under this | ||||||
20 | Division.
| ||||||
21 | "County board speaker" or "speaker" means the county board | ||||||
22 | member elected by the county board to serve as the lead | ||||||
23 | representative for the county board, and may be referred to as | ||||||
24 | the "county board speaker", "speaker", "county board chair", |
| |||||||
| |||||||
1 | or "chair". | ||||||
2 | (b) "County executive" means the county official elected | ||||||
3 | by the voters
of any county other than Cook County to be the | ||||||
4 | chief executive officer to
administer the county executive | ||||||
5 | form of government under this Division.
| ||||||
6 | (c) "County executive form of government" means that form | ||||||
7 | of government
in which the departments of county government | ||||||
8 | are administered by a single
county official called the county | ||||||
9 | executive elected at large by the
qualified voters of the | ||||||
10 | county. The board shall act as the legislative body
of the | ||||||
11 | county under this form of county government.
| ||||||
12 | (Source: P.A. 86-926.)
| ||||||
13 | (55 ILCS 5/2-5007) (from Ch. 34, par. 2-5007)
| ||||||
14 | Sec. 2-5007. Term of county executive. The county | ||||||
15 | executive shall
serve a term of 4 years, commencing on the | ||||||
16 | first Monday in the month
following the month of the election | ||||||
17 | in which the county executive was elected his election and | ||||||
18 | until a his successor is elected
and qualified.
| ||||||
19 | (Source: P.A. 86-962.)
| ||||||
20 | (55 ILCS 5/2-5009) (from Ch. 34, par. 2-5009)
| ||||||
21 | Sec. 2-5009. Duties and powers of county executive. Any | ||||||
22 | county executive elected under this Division shall:
| ||||||
23 | (a) see that all of the orders, resolutions and | ||||||
24 | regulations of the board
are faithfully executed;
|
| |||||||
| |||||||
1 | (b) coordinate and direct by executive order or otherwise | ||||||
2 | all
administrative and management functions of the county | ||||||
3 | government except the
offices of elected county officers;
| ||||||
4 | (b-5) control the internal operations of the county | ||||||
5 | executive's office and procure the necessary equipment, | ||||||
6 | materials, and services to perform the duties of that office; | ||||||
7 | (c) prepare and submit to the board for its approval the | ||||||
8 | annual budget
for the county required by Division 6-1 of this | ||||||
9 | Code;
| ||||||
10 | (d) appoint, with the advice and consent of the board, | ||||||
11 | persons to serve
on the various boards and commissions to | ||||||
12 | which appointments are provided by
law to be made by the board;
| ||||||
13 | (d-5) make appointments to fill vacancies occurring in the | ||||||
14 | office of an elected county officer and in the office of an | ||||||
15 | elected member of the county board in accordance with Section | ||||||
16 | 25-11 of the Election Code in counties, other than Champaign | ||||||
17 | County, operating under the county executive form of | ||||||
18 | government under this Division; | ||||||
19 | (e) appoint, with the advice and consent of the board, | ||||||
20 | persons to serve
on various special districts within the | ||||||
21 | county except where appointment to
serve on such districts is | ||||||
22 | otherwise provided by law;
| ||||||
23 | (e-5) except as otherwise provided by law, remove or | ||||||
24 | suspend, in the county executive's discretion and after notice | ||||||
25 | and hearing, anyone whom the county executive has the power to | ||||||
26 | appoint under subsection (d) or (e); |
| |||||||
| |||||||
1 | (f) make an annual report to the board on the affairs of | ||||||
2 | the county, on
such date and at such time as the board shall | ||||||
3 | designate, and keep the board
fully advised as to the | ||||||
4 | financial condition of the county and its future
financial | ||||||
5 | needs;
| ||||||
6 | (f-5) for a county executive of a county that has adopted | ||||||
7 | the executive form of government on or before the effective | ||||||
8 | date of this amendatory Act of the 96th General Assembly, | ||||||
9 | appoint, with the advice and consent of the board, all | ||||||
10 | department heads for any county departments; | ||||||
11 | (g) hire appoint, with the advice and consent of the | ||||||
12 | board, such subordinate
deputies, employees and appointees for | ||||||
13 | the general administration of county
affairs as considered | ||||||
14 | necessary, except those deputies, employees and
appointees in | ||||||
15 | the office of an elected county official or county board | ||||||
16 | member officer; however, the advice and consent requirement | ||||||
17 | set forth in this paragraph shall not apply to persons | ||||||
18 | employed as a member of the immediate personal staff of a | ||||||
19 | county executive of a county that has adopted the executive | ||||||
20 | form of government on or before the effective date of this | ||||||
21 | amendatory Act of the 96th General Assembly ;
| ||||||
22 | (h) except as otherwise provided by law, remove or | ||||||
23 | suspend , in the discretion of the county executive, department | ||||||
24 | heads for a county department and in his discretion, after due | ||||||
25 | notice and hearing,
anyone whom the county executive he has | ||||||
26 | the power to hire under subsection (g); appoint;
|
| |||||||
| |||||||
1 | (i) require reports and examine accounts, records and | ||||||
2 | operations of all
county administrative units;
| ||||||
3 | (j) supervise the care and custody of all county property | ||||||
4 | including
institutions and agencies;
| ||||||
5 | (k) approve or veto ordinances or resolutions pursuant to | ||||||
6 | Section
2-5010;
| ||||||
7 | (l) preside over board meetings; however, the county | ||||||
8 | executive
is not entitled to vote except to break a tie vote;
| ||||||
9 | (l-5) for a county executive of a county that has adopted | ||||||
10 | the executive form of government on or before the effective | ||||||
11 | date of this amendatory Act of the 96th General Assembly, if | ||||||
12 | the County Executive is temporarily not available to preside | ||||||
13 | over a board meeting, the County Executive shall designate a | ||||||
14 | board member to preside over the board meeting; | ||||||
15 | (m) call a special meeting of the county board, by a | ||||||
16 | written
executive order signed by the county executive him and | ||||||
17 | upon 24 hours notice by delivery of a
copy of such order to the | ||||||
18 | residence of each board member;
| ||||||
19 | (n) with the advice and consent of the county board, enter | ||||||
20 | into
intergovernmental agreements with other governmental | ||||||
21 | units;
| ||||||
22 | (o) with the advice and consent of the county board, | ||||||
23 | negotiate on
behalf of the county with governmental units and | ||||||
24 | the private sector for the
purpose of promoting economic | ||||||
25 | growth and development;
| ||||||
26 | (p) at the his discretion of the county executive , appoint |
| |||||||
| |||||||
1 | a person to serve as legal counsel at
an annual salary | ||||||
2 | established by the county board at an amount no greater
than | ||||||
3 | the annual salary of the state's attorney of the county;
| ||||||
4 | (q) perform such other duties as shall be required of the | ||||||
5 | county executive him by the board.
| ||||||
6 | (Source: P.A. 96-1540, eff. 3-7-11.)
| ||||||
7 | (55 ILCS 5/2-5010) (from Ch. 34, par. 2-5010)
| ||||||
8 | Sec. 2-5010. Approval of ordinances. Any ordinance passed, | ||||||
9 | adopted or
otherwise enacted by the board shall before it | ||||||
10 | becomes effective be
presented to the county executive. If the | ||||||
11 | county executive approves such
ordinance, resolution or | ||||||
12 | motion, the county executive he shall sign it; if not, the | ||||||
13 | county executive he shall return
it to the board with the his | ||||||
14 | objections, which shall be entered and spread upon
the | ||||||
15 | journal, and the board shall proceed to reconsider the matter. | ||||||
16 | If after
such reconsideration 3/5 of the members of the board | ||||||
17 | pass such ordinance,
it shall become effective on the date | ||||||
18 | prescribed but not earlier than the
date of passage following | ||||||
19 | reconsideration. In all such cases the votes of
the members of | ||||||
20 | the board shall be determined by yeas ayes and nays and the | ||||||
21 | names
of the members voting for or against such ordinance | ||||||
22 | objected to by the
county executive shall be entered and | ||||||
23 | spread upon the journal. If any
ordinance is not returned by | ||||||
24 | the county executive to the board at its first
meeting | ||||||
25 | occurring not less than 6 days, Sundays excepted, after it has |
| |||||||
| |||||||
1 | been
presented to the county executive him , it shall become | ||||||
2 | effective unless the board has recessed
or adjourned for a | ||||||
3 | period in excess of 60 days, in which case it shall not
become | ||||||
4 | effective without the approval of the county executive his | ||||||
5 | approval . Items of appropriation may be
approved or vetoed by | ||||||
6 | the county executive. Any item approved by the county
| ||||||
7 | executive and all items not vetoed shall become law, and any | ||||||
8 | item vetoed
shall be returned to and reconsidered by the board | ||||||
9 | in the same manner as
provided in this Section for other | ||||||
10 | ordinances returned to the board without
approval.
| ||||||
11 | (Source: P.A. 86-962.)
| ||||||
12 | (55 ILCS 5/2-5014) (from Ch. 34, par. 2-5014)
| ||||||
13 | Sec. 2-5014. Certified statements by county clerk. At | ||||||
14 | least 20 days
prior to any referendum under Section 2-5005 or | ||||||
15 | Section 2-5013, the county
clerk shall file with the Secretary | ||||||
16 | of State a certified statement
indicating when such a | ||||||
17 | referendum will be held. Within 30 days after any
such | ||||||
18 | referendum the county clerk shall file with the Secretary of | ||||||
19 | State a
certified statement showing the results of the | ||||||
20 | referendum and the resulting
status of the county as a home | ||||||
21 | rule county or a non-home rule county. The
Secretary of State | ||||||
22 | shall maintain such certified statements in the his office of | ||||||
23 | the Secretary of State
as a public record.
| ||||||
24 | (Source: P.A. 86-962.)
|
| |||||||
| |||||||
1 | (55 ILCS 5/2-5015) (from Ch. 34, par. 2-5015)
| ||||||
2 | Sec. 2-5015. County board chair; superseding Superseding | ||||||
3 | plan for election of county board chairman. | ||||||
4 | (a) Notwithstanding any provision of law to the contrary, | ||||||
5 | in a county that has adopted the county executive form of | ||||||
6 | government under this Division, the county board chairman, | ||||||
7 | county board chairperson, or county board chair shall only | ||||||
8 | have those powers and duties set forth in this Division. Any | ||||||
9 | powers and duties vested in a county board chairman, county | ||||||
10 | board chairperson, or county board chair in any Illinois | ||||||
11 | statute, other than this Division, Section 11 of the Public | ||||||
12 | Health District Act, and Section 25-11 of the Election Code, | ||||||
13 | shall instead be vested in the county executive in those | ||||||
14 | counties that have adopted the county executive form of | ||||||
15 | government. | ||||||
16 | (b) The adoption of the county executive form of | ||||||
17 | government by any county
pursuant to this Division shall | ||||||
18 | supersede any plan adopted by
the county board of that county | ||||||
19 | pursuant to Section 2-3007, as now or
hereafter amended, for | ||||||
20 | the election of the chairman of the county board by
the voters | ||||||
21 | of the county.
| ||||||
22 | (Source: P.A. 86-962.)
| ||||||
23 | (55 ILCS 5/2-5017 new) | ||||||
24 | Sec. 2-5017. Regular meetings of the county board. Regular | ||||||
25 | and special meetings of the county board may be held in any |
| |||||||
| |||||||
1 | public building located within the county that such county | ||||||
2 | board is elected to serve. Prior notice of the building | ||||||
3 | selected for the meeting shall be provided by the board | ||||||
4 | speaker to each member of the county board in the manner | ||||||
5 | provided pursuant to the rules of the county board. Regular | ||||||
6 | meetings of the board shall be held in June and September, and | ||||||
7 | at such other times as may be determined by the board. | ||||||
8 | At each regular and special meeting which is open to the | ||||||
9 | public, members of the public and employees of the county | ||||||
10 | shall be afforded time, subject to reasonable constraints, to | ||||||
11 | comment to or ask questions of the board.
| ||||||
12 | (55 ILCS 5/2-5018 new) | ||||||
13 | Sec. 2-5018. Special meetings. Special meetings of the | ||||||
14 | board shall be held only when requested by at least one-third | ||||||
15 | of the members of the board, or when requested by the county | ||||||
16 | executive, which request shall be in writing, addressed to the | ||||||
17 | clerk of the board, and specifying the time and place of such | ||||||
18 | meeting, upon reception of which the clerk shall immediately | ||||||
19 | transmit notice, in writing, of such meeting, to each of the | ||||||
20 | members of the board. The clerk shall also cause notice of such | ||||||
21 | meeting to be published in a newspaper printed in the county, | ||||||
22 | if any. If a vacancy arises in the office of clerk, because of | ||||||
23 | death or other reason, then the request shall be addressed to | ||||||
24 | the circuit clerk who shall perform the duties of the clerk | ||||||
25 | pursuant to this Section.
|
| |||||||
| |||||||
1 | (55 ILCS 5/2-5019 new) | ||||||
2 | Sec. 2-5019. Speaker of the county board. The county board | ||||||
3 | shall, at its first meeting in the month following the month in | ||||||
4 | which county board members are elected, choose one of its | ||||||
5 | members as speaker for a term of 2 years. | ||||||
6 | A speaker may be removed, with or without cause, upon a | ||||||
7 | motion adopted by an affirmative vote of four-fifths of the | ||||||
8 | county board. Upon adoption of a motion to remove the speaker: | ||||||
9 | (i) the speaker position becomes vacant and the former | ||||||
10 | speaker's compensation shall be prorated to the date the | ||||||
11 | motion was approved; and (ii) a new speaker shall be elected at | ||||||
12 | the next regularly scheduled county board meeting. A speaker | ||||||
13 | removed under this Section maintains his or her status as a | ||||||
14 | member of the county board.
| ||||||
15 | (55 ILCS 5/2-5020 new) | ||||||
16 | Sec. 2-5020. Quorum; omnibus votes. A majority of the | ||||||
17 | members of any county board shall constitute a quorum for the | ||||||
18 | transaction of business; and all questions, ordinances, | ||||||
19 | resolutions, or motions which shall arise at meetings shall be | ||||||
20 | determined by the votes of the majority of the members | ||||||
21 | present, except in such cases as is otherwise provided. | ||||||
22 | The county board at any properly noticed public meeting | ||||||
23 | may by unanimous consent take a single vote by yeas and nays on | ||||||
24 | the several questions of the passage of any 2 or more of the |
| |||||||
| |||||||
1 | designated ordinances, orders, resolutions, or motions placed | ||||||
2 | together for voting purposes in a single group. The single | ||||||
3 | vote shall be entered separately in the minutes under the | ||||||
4 | designation "omnibus vote", and the clerk may enter the words | ||||||
5 | "omnibus vote" or "consent agenda" in the minutes in each case | ||||||
6 | instead of entering the names of the members of the county | ||||||
7 | board voting "yea" and those voting "nay" on the passage of | ||||||
8 | each of the designated ordinances, orders, resolutions, and | ||||||
9 | motions included in the omnibus group or consent agenda. The | ||||||
10 | taking of a single or omnibus vote and the entries of the words | ||||||
11 | "omnibus vote" or "consent agenda" in the minutes shall be a | ||||||
12 | sufficient compliance with the requirements of this Section to | ||||||
13 | all intents and purposes and with like effect as if the vote in | ||||||
14 | each case had been taken separately by yeas and nays on the | ||||||
15 | question of the passage of each ordinance, order, resolution, | ||||||
16 | and motion included in the omnibus group and separately | ||||||
17 | recorded in the minutes. Likewise, the yeas and nays shall be | ||||||
18 | taken upon the question of the passage of any other ordinance, | ||||||
19 | resolution, or motion at the request of any county board | ||||||
20 | member and shall be recorded in the minutes.
| ||||||
21 | (55 ILCS 5/2-5021 new) | ||||||
22 | Sec. 2-5021. Open meetings. County board meetings are open | ||||||
23 | to the public, and all persons may attend the meetings. The | ||||||
24 | vote on all propositions to appropriate money from the county | ||||||
25 | treasury shall be taken by "yeas" and "nays" and entered on the |
| |||||||
| |||||||
1 | record of the meeting.
| ||||||
2 | (55 ILCS 5/2-5022 new) | ||||||
3 | Sec. 2-5022. Administering oaths. The county executive, or | ||||||
4 | designee, may administer an oath to any person concerning any | ||||||
5 | matter submitted to the board, or connected with its powers | ||||||
6 | and duties, and a member of the board may administer the oath | ||||||
7 | required by law to a claimant presenting a claim against the | ||||||
8 | county to be passed by the board. A member so administering an | ||||||
9 | oath to a claimant may not charge a fee for administering the | ||||||
10 | oath.
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|