Sen. Michael E. Hastings
Filed: 2/23/2022
 
 


 




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1
AMENDMENT TO SENATE BILL 1015




2 AMENDMENT NO. ______. Amend Senate Bill 1015 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Election Code is amended by changing 
5Section 25-11 as follows:



6 (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)



7 Sec. 25-11. 
Except as otherwise provided in this 
8paragraph, when When a vacancy occurs in any elective county 
9office, or in a
county of less than 3,000,000 population in the 
10office of clerk of the circuit
court, in a county which is not 
11a home rule unit, the county board or board
of county 
12commissioners shall declare that such vacancy exists and

13notification thereof
shall be given to the county central 
14committee or the appropriate county board
or board of county 
15commissioners district committee of each established
political 
16party within 3 days of the
occurrence of the vacancy. The 
 
 
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1vacancy shall be filled
within 60 days by appointment of the 
2chair of the county board
or board of county commissioners 
3with the advice and consent of the county
board or board of 
4county commissioners.
In counties other than Champaign County 
5operating under the county executive form of government under 
6Division 2-5 of the Counties Code, when a vacancy occurs in an 
7elected county office or in the office of an elected member of 
8the county board, the county executive shall declare that such 
9vacancy exists and then notification of the vacancy shall be 
10given to the county central committee or the appropriate 
11county board district committee of each established political 
12party within 3 days of the occurrence of the vacancy; and the 
13vacancy shall be filled within 60 days by appointment of the 
14county executive with the advice and consent of the county 
15board. In Champaign County while operating under the county 
16executive form of government under Division 2-5 of the 
17Counties Code, when a vacancy occurs in an elected county 
18office or in the office of an elected member of the county 
19board, the elected county board speaker or county board chair, 
20as the case may be, shall declare that such vacancy exists and 
21then notification shall be given to the county central 
22committee or the appropriate county board district committee 
23of each established political party within 3 days of the 
24occurrence of the vacancy; and the vacancy shall be filled 
25within 60 days by appointment of the elected county board 
26speaker or county board chair, as the case may be, with the 
 
 
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1advice and consent of the county board. In counties in which 
2forest preserve district commissioners are
elected by 
3districts and are not also members of the county board, 
4however,
vacancies in the office of forest preserve district 
5commissioner shall be
filled within 60 days by appointment of 
6the president of the forest preserve
district board of 
7commissioners with the advice and consent of the forest

8preserve district board of commissioners. In counties in which 
9the forest
preserve district president is not also a member of 
10the county board, vacancies
in
the office of forest preserve 
11district president shall be filled within 60 days
by the 
12forest preserve district board of commissioners by appointing 
13one of the
commissioners to serve as president.
The appointee

14shall be a member of the same political party as the person he

15succeeds was at the time of his election and shall be otherwise

16eligible to serve.
The appointee shall serve the remainder of 
17the unexpired term. However, if
more than 28 months remain in 
18the term, the appointment shall be until the
next general 
19election at which time the vacated office shall be
filled by 
20election for the remainder of the term. In the
case of a 
21vacancy in a seat on a county board or board of county

22commissioners which
has been divided into districts under 
23Section 2-3003 or 2-4006.5 of
the Counties Code, the appointee 
24must also be a resident of the
county board or county 
25commission district.
If a county commissioner ceases to reside 
26in the district that he or
she represents, a vacancy in that 
 
 
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1office exists.

2 Except as otherwise provided by county ordinance or by 
3law, in
any county which is a home rule unit, vacancies in 
4elective
county offices, other than the office of chief 
5executive officer,
and vacancies in the office of clerk of the 
6circuit court in a county of
less than 3,000,000 population, 
7shall be filled
by the county board or board of county 
8commissioners.

9(Source: P.A. 100-1027, eff. 1-1-19.)


10 Section 10. The Counties Code is amended by changing 
11Sections 2-5003, 2-5007, 2-5009, 2-5010, 2-5014, and 2-5015 
12and by adding Sections 2-5017, 2-5018, 2-5019, 2-5020, 2-5021, 
13and 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 
16the
context requires otherwise:

17 (a) "County board" or "board" means the legislative 
18governing body of any county
other than Cook County which has 
19adopted the county executive form of
government under this 
20Division.

21 "County board speaker" or "speaker" means the county board 
22member elected by the county board to serve as the lead 
23representative for the county board, and may be referred to as 
24the "county board speaker", "speaker", "county board chair", 
 
 
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1or "chair". 
2 (b) "County executive" means the county official elected 
3by the voters
of any county other than Cook County to be the 
4chief executive officer to
administer the county executive 
5form of government under this Division.

6 (c) "County executive form of government" means that form 
7of government
in which the departments of county government 
8are administered by a single
county official called the county 
9executive elected at large by the
qualified voters of the 
10county. The board shall act as the legislative body
of the 
11county 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 
15executive shall
serve a term of 4 years, commencing on the 
16first Monday in the month
following the month of the election 
17in which the county executive was elected his election and 
18until 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 
22county executive elected under this Division shall:

23 (a) see that all of the orders, resolutions and 
24regulations of the board
are faithfully executed;

 
 
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1 (b) coordinate and direct by executive order or otherwise 
2all
administrative and management functions of the county 
3government except the
offices of elected county officers;

4 (b-5) control the internal operations of the county 
5executive's office and procure the necessary equipment, 
6materials, and services to perform the duties of that office; 
7 (c) prepare and submit to the board for its approval the 
8annual budget
for the county required by Division 6-1 of this 
9Code;

10 (d) appoint, with the advice and consent of the board, 
11persons to serve
on the various boards and commissions to 
12which appointments are provided by
law to be made by the board;

13 (d-5) make appointments to fill vacancies occurring in the 
14office of an elected county officer and in the office of an 
15elected member of the county board in accordance with Section 
1625-11 of the Election Code in counties, other than Champaign 
17County, operating under the county executive form of 
18government under this Division; 
19 (e) appoint, with the advice and consent of the board, 
20persons to serve
on various special districts within the 
21county except where appointment to
serve on such districts is 
22otherwise provided by law;

23 (e-5) except as otherwise provided by law, remove or 
24suspend, in the county executive's discretion and after notice 
25and hearing, anyone whom the county executive has the power to 
26appoint under subsection (d) or (e); 
 
 
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1 (f) make an annual report to the board on the affairs of 
2the county, on
such date and at such time as the board shall 
3designate, and keep the board
fully advised as to the 
4financial condition of the county and its future
financial 
5needs;

6 (f-5) for a county executive of a county that has adopted 
7the executive form of government on or before the effective 
8date of this amendatory Act of the 96th General Assembly, 
9appoint, with the advice and consent of the board, all 
10department heads for any county departments; 
11 (g) hire appoint, with the advice and consent of the 
12board, such subordinate
deputies, employees and appointees for 
13the general administration of county
affairs as considered 
14necessary, except those deputies, employees and
appointees in 
15the office of an elected county official or county board 
16member officer; however, the advice and consent requirement 
17set forth in this paragraph shall not apply to persons 
18employed as a member of the immediate personal staff of a 
19county executive of a county that has adopted the executive 
20form of government on or before the effective date of this 
21amendatory Act of the 96th General Assembly;

22 (h) except as otherwise provided by law, remove or 
23suspend, in the discretion of the county executive, department 
24heads for a county department and in his discretion, after due 
25notice and hearing,
anyone whom the county executive he has 
26the power to hire under subsection (g); appoint;

 
 
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1 (i) require reports and examine accounts, records and 
2operations of all
county administrative units;

3 (j) supervise the care and custody of all county property 
4including
institutions and agencies;

5 (k) approve or veto ordinances or resolutions pursuant to 
6Section
2-5010;

7 (l) preside over board meetings; however, the county 
8executive
is not entitled to vote except to break a tie vote;

9 (l-5) for a county executive of a county that has adopted 
10the executive form of government on or before the effective 
11date of this amendatory Act of the 96th General Assembly, if 
12the County Executive is temporarily not available to preside 
13over a board meeting, the County Executive shall designate a 
14board member to preside over the board meeting; 
15 (m) call a special meeting of the county board, by a 
16written
executive order signed by the county executive him and 
17upon 24 hours notice by delivery of a
copy of such order to the 
18residence of each board member;

19 (n) with the advice and consent of the county board, enter 
20into
intergovernmental agreements with other governmental 
21units;

22 (o) with the advice and consent of the county board, 
23negotiate on
behalf of the county with governmental units and 
24the private sector for the
purpose of promoting economic 
25growth and development;

26 (p) at the his discretion of the county executive, appoint 
 
 
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1a person to serve as legal counsel at
an annual salary 
2established by the county board at an amount no greater
than 
3the annual salary of the state's attorney of the county;

4 (q) perform such other duties as shall be required of the 
5county 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, 
9adopted or
otherwise enacted by the board shall before it 
10becomes effective be
presented to the county executive. If the 
11county executive approves such
ordinance, resolution or 
12motion, the county executive he shall sign it; if not, the 
13county executive he shall return
it to the board with the his 
14objections, which shall be entered and spread upon
the 
15journal, and the board shall proceed to reconsider the matter. 
16If after
such reconsideration 3/5 of the members of the board 
17pass such ordinance,
it shall become effective on the date 
18prescribed but not earlier than the
date of passage following 
19reconsideration. In all such cases the votes of
the members of 
20the board shall be determined by yeas ayes and nays and the 
21names
of the members voting for or against such ordinance 
22objected to by the
county executive shall be entered and 
23spread upon the journal. If any
ordinance is not returned by 
24the county executive to the board at its first
meeting 
25occurring not less than 6 days, Sundays excepted, after it has 
 
 
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1been
presented to the county executive him, it shall become 
2effective unless the board has recessed
or adjourned for a 
3period in excess of 60 days, in which case it shall not
become 
4effective without the approval of the county executive his 
5approval. Items of appropriation may be
approved or vetoed by 
6the county executive. Any item approved by the county

7executive and all items not vetoed shall become law, and any 
8item vetoed
shall be returned to and reconsidered by the board 
9in the same manner as
provided in this Section for other 
10ordinances 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 
14least 20 days
prior to any referendum under Section 2-5005 or 
15Section 2-5013, the county
clerk shall file with the Secretary 
16of State a certified statement
indicating when such a 
17referendum will be held. Within 30 days after any
such 
18referendum the county clerk shall file with the Secretary of 
19State a
certified statement showing the results of the 
20referendum and the resulting
status of the county as a home 
21rule county or a non-home rule county. The
Secretary of State 
22shall maintain such certified statements in the his office of 
23the Secretary of State
as a public record.

24(Source: P.A. 86-962.)





 
 
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1 (55 ILCS 5/2-5015) (from Ch. 34, par. 2-5015)



2 Sec. 2-5015. County board chair; superseding Superseding 
3plan for election of county board chairman. 
4 (a) Notwithstanding any provision of law to the contrary, 
5in a county that has adopted the county executive form of 
6government under this Division, the county board chairman, 
7county board chairperson, or county board chair shall only 
8have those powers and duties set forth in this Division. Any 
9powers and duties vested in a county board chairman, county 
10board chairperson, or county board chair in any Illinois 
11statute, other than this Division, Section 11 of the Public 
12Health District Act, and Section 25-11 of the Election Code, 
13shall instead be vested in the county executive in those 
14counties that have adopted the county executive form of 
15government. 
16 (b) The adoption of the county executive form of 
17government by any county
pursuant to this Division shall 
18supersede any plan adopted by
the county board of that county 
19pursuant to Section 2-3007, as now or
hereafter amended, for 
20the election of the chairman of the county board by
the voters 
21of 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 
25and special meetings of the county board may be held in any 
 
 
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1public building located within the county that such county 
2board is elected to serve. Prior notice of the building 
3selected for the meeting shall be provided by the board 
4speaker to each member of the county board in the manner 
5provided pursuant to the rules of the county board. Regular 
6meetings of the board shall be held in June and September, and 
7at such other times as may be determined by the board.
8 At each regular and special meeting which is open to the 
9public, members of the public and employees of the county 
10shall be afforded time, subject to reasonable constraints, to 
11comment to or ask questions of the board. 

12 (55 ILCS 5/2-5018 new)
13 Sec. 2-5018. Special meetings. Special meetings of the 
14board shall be held only when requested by at least one-third 
15of the members of the board, or when requested by the county 
16executive, which request shall be in writing, addressed to the 
17clerk of the board, and specifying the time and place of such 
18meeting, upon reception of which the clerk shall immediately 
19transmit notice, in writing, of such meeting, to each of the 
20members of the board. The clerk shall also cause notice of such 
21meeting to be published in a newspaper printed in the county, 
22if any. If a vacancy arises in the office of clerk, because of 
23death or other reason, then the request shall be addressed to 
24the circuit clerk who shall perform the duties of the clerk 
25pursuant to this Section.

 
 
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1 (55 ILCS 5/2-5019 new)
2 Sec. 2-5019. Speaker of the county board. The county board 
3shall, at its first meeting in the month following the month in 
4which county board members are elected, choose one of its 
5members as speaker for a term of 2 years.
6 A speaker may be removed, with or without cause, upon a 
7motion adopted by an affirmative vote of four-fifths of the 
8county board. Upon adoption of a motion to remove the speaker: 
9(i) the speaker position becomes vacant and the former 
10speaker's compensation shall be prorated to the date the 
11motion was approved; and (ii) a new speaker shall be elected at 
12the next regularly scheduled county board meeting. A speaker 
13removed under this Section maintains his or her status as a 
14member of the county board. 

15 (55 ILCS 5/2-5020 new)
16 Sec. 2-5020. Quorum; omnibus votes. A majority of the 
17members of any county board shall constitute a quorum for the 
18transaction of business; and all questions, ordinances, 
19resolutions, or motions which shall arise at meetings shall be 
20determined by the votes of the majority of the members 
21present, except in such cases as is otherwise provided.
22 The county board at any properly noticed public meeting 
23may by unanimous consent take a single vote by yeas and nays on 
24the several questions of the passage of any 2 or more of the 
 
 
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1designated ordinances, orders, resolutions, or motions placed 
2together for voting purposes in a single group. The single 
3vote shall be entered separately in the minutes under the 
4designation "omnibus vote", and the clerk may enter the words 
5"omnibus vote" or "consent agenda" in the minutes in each case 
6instead of entering the names of the members of the county 
7board voting "yea" and those voting "nay" on the passage of 
8each of the designated ordinances, orders, resolutions, and 
9motions included in the omnibus group or consent agenda. The 
10taking of a single or omnibus vote and the entries of the words 
11"omnibus vote" or "consent agenda" in the minutes shall be a 
12sufficient compliance with the requirements of this Section to 
13all intents and purposes and with like effect as if the vote in 
14each case had been taken separately by yeas and nays on the 
15question of the passage of each ordinance, order, resolution, 
16and motion included in the omnibus group and separately 
17recorded in the minutes. Likewise, the yeas and nays shall be 
18taken upon the question of the passage of any other ordinance, 
19resolution, or motion at the request of any county board 
20member 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 
23to the public, and all persons may attend the meetings. The 
24vote on all propositions to appropriate money from the county 
25treasury shall be taken by "yeas" and "nays" and entered on the 
 
 
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1record of the meeting. 

2 (55 ILCS 5/2-5022 new)
3 Sec. 2-5022. Administering oaths. The county executive, or 
4designee, may administer an oath to any person concerning any 
5matter submitted to the board, or connected with its powers 
6and duties, and a member of the board may administer the oath 
7required by law to a claimant presenting a claim against the 
8county to be passed by the board. A member so administering an 
9oath to a claimant may not charge a fee for administering the 
10oath.


11 Section 99. Effective date. This Act takes effect upon 
12becoming law.".