Bill Text: IL HB4787 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that, in counties operating under the county executive form of government, the elected county board member designated by the elected members as the chair, speaker, or chief administrative official shall declare that a vacancy exists in an elected county office and then notification of the vacancy 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. Provides that the vacancy shall be filled within 60 days by appointment of the elected board member designated as the county board chair, speaker, or chief administrative official of the county board with the advice and consent of the county board. Amends the County Executive Form of Government Division of the Counties Code. Provides the county board may choose to designate from its elected members a chief administrative official, speaker, or board chair. Provides that vacancies occurring in the office of an elected member of the county board shall be made as provided in specified provisions of the Election Code.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4787 Detail]

Download: Illinois-2021-HB4787-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4787 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
10 ILCS 5/25-11 from Ch. 46, par. 25-11
55 ILCS 5/2-5003 from Ch. 34, par. 2-5003
55 ILCS 5/2-5009 from Ch. 34, par. 2-5009
Amends the Election Code. Provides that, in counties operating under the county executive form of government, the elected county board member designated by the elected members as the chair, speaker, or chief administrative official shall declare that a vacancy exists in an elected county office and then notification of the vacancy 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. Provides that the vacancy shall be filled within 60 days by appointment of the elected board member designated as the county board chair, speaker, or chief administrative official of the county board with the advice and consent of the county board. Amends the County Executive Form of Government Division of the Counties Code. Provides the county board may choose to designate from its elected members a chief administrative official, speaker, or board chair. Provides that vacancies occurring in the office of an elected member of the county board shall be made as provided in specified provisions of the Election Code.
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A BILL FOR
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AN ACT concerning 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. 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 operating under the county
executive form of government, the elected county board member
designated by the elected members as the chair, speaker, or
chief administrative official shall declare that such vacancy
exists and then notification of the vacancy shall be given to

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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; the vacancy shall be
filled within 60 days by appointment of the elected board
member designated as the county board chair, speaker, or chief
administrative official of the county board 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

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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 and 2-5009 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 governing body of
any county other than Cook County which has adopted the county
executive form of government under this Division.
(b) "County executive" means the county official elected
by the voters of any county other than Cook County to be the

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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 and may choose to
designate from its elected members a chief administrative
official, speaker, or board chair.
(Source: P.A. 86-926.)
(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,

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except that vacancies occurring in the office of an elected
member of the county board shall be filled in accordance with
Section 25-11 of the Election Code;
(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
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 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

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effective date of this amendatory Act of the 96th General
Assembly;
(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
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,

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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;
(q) perform such other duties as shall be required of him
by the board.
(Source: P.A. 96-1540, eff. 3-7-11.)