Bill Text: IL HB5007 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Counties Code. Changes definitions of "population" to be the total number of inhabitants according to the last preceding federal decennial census (rather than number of inhabitants or number of persons). Amends the Illinois Municipal Code. Adds a definition of "population" in the general definition Section.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5007 Detail]

Download: Illinois-2019-HB5007-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5007

Introduced , by Rep. Elizabeth Hernandez

SYNOPSIS AS INTRODUCED:
55 ILCS 5/2-3001 from Ch. 34, par. 2-3001
55 ILCS 5/6-31002 from Ch. 34, par. 6-31002
65 ILCS 5/1-1-2 from Ch. 24, par. 1-1-2

Amends the Counties Code. Changes definitions of "population" to be the total number of inhabitants according to last preceding federal decennial census (rather than number of inhabitants or number of persons). Amends the Illinois Municipal Code. Adds a definition of "population" in the general definition Section.
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A BILL FOR

HB5007LRB101 20573 AWJ 70193 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5Sections 2-3001 and 6-31002 as follows:
6 (55 ILCS 5/2-3001) (from Ch. 34, par. 2-3001)
7 Sec. 2-3001. Definitions. As used in this Division, unless
8the context otherwise requires:
9 a. "District" means a county board district established as
10provided in this Division.
11 b. "County apportionment commission" or "commission" means
12the county clerk, the State's Attorney, the Attorney General or
13his designated representative and the chairmen of the county
14central committees of the first leading political party and the
15second leading political party as defined in Section 1-3 of The
16Election Code.
17 c. "Population" means the total number of inhabitants
18according to as determined by the last preceding federal
19decennial census.
20 d. "Member" or "board member" means a person elected to
21serve on the county board.
22(Source: P.A. 86-962.)

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1 (55 ILCS 5/6-31002) (from Ch. 34, par. 6-31002)
2 Sec. 6-31002. Definitions. As used in this Division, unless
3the context otherwise requires:
4 1. "Comptroller" means the Comptroller of the State of
5Illinois;
6 2. (Blank);
7 3. "Funds and accounts" means all funds of a county derived
8from property taxes and all funds and accounts derived from
9sources other than property taxes, including the receipts and
10expenditures of the fee earnings of each county fee officer;
11 4. "Audit report" means the written report of the auditor
12or auditors and all appended statements and schedules relating
13thereto, presenting or recording the findings of an examination
14or audit of the financial transactions, affairs and condition
15of a county;
16 5. "Population" means the total number of inhabitants
17persons residing in a county according to the last preceding
18federal decennial census;
19 6. "Auditor" means a licensed certified public accountant,
20as that term is defined in Section 0.03 of the Illinois Public
21Accounting Act, or the substantial equivalent of a licensed
22CPA, as provided under Section 5.2 of the Illinois Public
23Accounting Act, who performs an audit of county financial
24statements and records and expresses an assurance or disclaims
25an opinion on the audited financial statements; "auditor" does
26not include a county auditor elected or appointed under

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1Division 3-1 of the Counties Code.
2 7. "Generally accepted accounting principles" means
3accounting principles generally accepted in the United States.
4 8. "Generally accepted auditing standards" means auditing
5standards generally accepted in the United States.
6(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
7 Section 10. The Illinois Municipal Code is amended by
8changing Section 1-1-2 as follows:
9 (65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)
10 Sec. 1-1-2. Definitions. In this Code:
11 (1) "Municipal" or "municipality" means a city, village, or
12incorporated town in the State of Illinois, but, unless the
13context otherwise provides, "municipal" or "municipality" does
14not include a township, town when used as the equivalent of a
15township, incorporated town that has superseded a civil
16township, county, school district, park district, sanitary
17district, or any other similar governmental district. If
18"municipal" or "municipality" is given a different definition
19in any particular Division or Section of this Act, that
20definition shall control in that division or Section only.
21 (2) "Corporate authorities" means (a) the mayor and
22aldermen or similar body when the reference is to cities, (b)
23the president and trustees or similar body when the reference
24is to villages or incorporated towns, and (c) the council when

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1the reference is to municipalities under the commission form of
2municipal government.
3 (3) "Electors" means persons qualified to vote for elective
4officers at municipal elections.
5 (4) "Person" means any individual, partnership,
6corporation, joint stock association, or the State of Illinois
7or any subdivision of the State; and includes any trustee,
8receiver, assignee, or personal representative of any of those
9entities.
10 (5) Except as otherwise provided by ordinance, "fiscal
11year" in all municipalities with fewer than 500,000
12inhabitants, and "municipal year" in all municipalities, means
13the period elapsing (a) between general municipal elections in
14succeeding calendar years, or (b) if general municipal
15elections are held biennially, then between a general municipal
16election and the same day of the same month of the following
17calendar year, and between that day and the next succeeding
18general municipal election, or (c) if general municipal
19elections are held quadrennially, then between a general
20municipal election and the same day of the same month of the
21following calendar year, and between that day and the same day
22of the same month of the next following calendar year, and
23between the last mentioned day and the same day of the same
24month of the next following calendar year, and between the last
25mentioned day and the next succeeding general municipal
26election. The fiscal year of each municipality with 500,000 or

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1more inhabitants shall commence on January 1.
2 (6) Where reference is made to a county within which a
3municipality, district, area, or territory is situated, the
4reference is to the county within which is situated the major
5part of the area of that municipality, district, area, or
6territory, in case the municipality, district, area, or
7territory is situated in 2 or more counties.
8 (7) Where reference is made for any purpose to any other
9Act, either specifically or generally, the reference shall be
10to that Act and to all amendments to that Act now in force or
11that may be hereafter enacted.
12 (8) Wherever the words "city council", "aldermen",
13"commissioners", or "mayor" occur, the provisions containing
14these words shall apply to the board of trustees, trustees, and
15president, respectively, of villages and incorporated towns
16and councilmen in cities, so far as those provisions are
17applicable to them.
18 (9) The terms "special charter" and "special Act" are
19synonymous.
20 (10) "General municipal election" means the biennial
21regularly scheduled election for the election of officers of
22cities, villages, and incorporated towns, as prescribed by the
23general election law; in the case of municipalities that elect
24officers annually, "general municipal election" means each
25regularly scheduled election for the election of officers of
26cities, villages, and incorporated towns.

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1 (11) "Population" means the total number of inhabitants
2according to the last preceding federal decennial census.
3(Source: P.A. 87-1119.)
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