Bill Text: IL SB3349 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Counties Code. In provisions concerning the voting requirements of county boards, provides that votes shall be taken by a vote of aye, nay, or "present" and entered upon the record of the county board meeting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-08 - Rule 3-9(a) / Re-referred to Assignments [SB3349 Detail]

Download: Illinois-2009-SB3349-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3349 Introduced 2/10/2010, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED:
55 ILCS 5/2-1006 from Ch. 34, par. 2-1006
55 ILCS 5/2-4004 from Ch. 34, par. 2-4004
55 ILCS 5/2-5010 from Ch. 34, par. 2-5010
55 ILCS 5/5-1036 from Ch. 34, par. 5-1036
55 ILCS 5/6-1001 from Ch. 34, par. 6-1001
55 ILCS 5/6-1003 from Ch. 34, par. 6-1003
Amends the Counties Code. In provisions concerning the voting requirements of county boards, provides that votes shall be taken by a vote of aye, nay, or "present" and entered upon the record of the county board meeting.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 2-1006, 2-4004, 2-5010, 5-1036, 6-1001, and 6-1003 as
follows:
(55 ILCS 5/2-1006) (from Ch. 34, par. 2-1006)
Sec. 2-1006. Open meetings. The county board shall sit with
open doors, and all persons may attend their meetings. The vote
on all propositions to appropriate money from the county
treasury shall be taken by a vote of "aye", "nay", or "present"
"ayes" and "nays" and entered on the record of the meeting.
(Source: P.A. 86-962.)
(55 ILCS 5/2-4004) (from Ch. 34, par. 2-4004)
Sec. 2-4004. Conduct of meetings. A majority of the members
of said board shall constitute a quorum to do business, and, in
the absence of the chairman, a chairman pro tem may be
appointed. The board shall sit with open doors, and all persons
may attend their meetings. The vote on all propositions to
appropriate money from the county treasury shall be taken by a
vote of "aye", "nay", or "present" "ayes" and "nays" and
entered on the record of the meeting.

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(Source: P.A. 86-962.)
(55 ILCS 5/2-5010) (from Ch. 34, par. 2-5010)
Sec. 2-5010. Approval of ordinances. Any ordinance passed,
adopted or otherwise enacted by the board shall before it
becomes effective be presented to the county executive. If the
county executive approves such ordinance, resolution or
motion, he or she shall sign it; if not, he or she shall return
it to the board with his or her objections, which shall be
entered and spread upon the journal, and the board shall
proceed to reconsider the matter. If after such reconsideration
3/5 of the members of the board pass such ordinance, it shall
become effective on the date prescribed but not earlier than
the date of passage following reconsideration. In all such
cases the votes of the members of the board shall be determined
by a vote of "aye", "nay", or "present" ayes and nays and the
names of the members voting present or for or against such
ordinance objected to by the county executive shall be entered
and spread upon the journal. If any ordinance is not returned
by the county executive to the board at its first meeting
occurring not less than 6 days, Sundays excepted, after it has
been presented to him or her, it shall become effective unless
the board has recessed or adjourned for a period in excess of
60 days, in which case it shall not become effective without
his or her approval. Items of appropriation may be approved or
vetoed by the county executive. Any item approved by the county

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executive and all items not vetoed shall become law, and any
item vetoed shall be returned to and reconsidered by the board
in the same manner as provided in this Section for other
ordinances returned to the board without approval.
(Source: P.A. 86-962.)
(55 ILCS 5/5-1036) (from Ch. 34, par. 5-1036)
Sec. 5-1036. Vacation of town plats. A county board may
authorize the vacation of any town plat when the same is not
within any incorporated town, village or city, on the petition
of two-thirds of the owners thereof: Provided, that any such
order of vacation shall be passed by the affirmative vote of at
least two-thirds of the members of the county board, the vote
to be taken by a vote of "aye", "nay", or "present" ayes and
nays and entered on the records of the county board. The county
board, in behalf of the county, may in such case contract for
and receive from the owner or owners of property abutting upon
a street or alley, or part thereof, so vacated, compensation in
an amount which, in the judgment of the county board, shall be
equal to the benefits which will accrue to the owner or owners
of the abutting property by reason of the vacation. The
validity of any vacation shall not be questioned by reason of
the payment of any such compensation, nor by reason of benefits
specially accruing therefrom to the owner or owners of abutting
property. The determination of the county board of the nature
and extent of the public use or public interest to be subserved

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is such as to warrant the vacation of the street or alley or
part thereof, so vacated, shall be final and conclusive, and
the passage of such order shall be sufficient evidence of the
determination, whether so recited in the order or not. The
relief to the public from further burden and responsibility of
maintaining the street or alley, or part thereof, so vacated
shall constitute a public use or public interest authorizing
the vacation. When property is damaged by the vacation or
closing of any street or alley, the same shall be ascertained
and paid as provided by law.
(Source: P.A. 86-962.)
(55 ILCS 5/6-1001) (from Ch. 34, par. 6-1001)
Sec. 6-1001. Annual budget. In all counties not required by
law to pass an annual appropriation bill within the first
quarter of the fiscal year, the county board or board of county
commissioners, as the case may be, shall adopt each year an
annual budget under the terms of this Division for the
succeeding fiscal year. Such budget shall be prepared by some
person or persons designated by the county board and such
budget shall be made conveniently available to public
inspection for at least fifteen days prior to final action
thereon. The vote on such budget shall be taken by a vote of
"aye", "nay", or "present" ayes and nays and entered on the
record of the meeting. The annual budget adopted under this Act
shall cover such a fiscal period of one year to be determined

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by the county board of each county except as hereinafter
provided and all appropriations made therein shall terminate
with the close of said fiscal period except as hereinafter
provided, provided, however, that any remaining balances shall
be available until 30 days after the close of the fiscal year
in counties with a population of less than 100,000, and until
90 days after the close of the fiscal year in counties with a
population of more than 100,000 but less than 3,000,000
inhabitants, only for the authorization of the payment of
obligations incurred prior to the close of said fiscal period.
Any county which determines to change its fiscal year may adopt
a budget to cover such period greater or less than a year as
may be necessary to effect such change and appropriations made
therein shall terminate with the close of such period.
(Source: P.A. 90-777, eff. 1-1-99.)
(55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)
Sec. 6-1003. Further appropriations barred; transfers.
After the adoption of the county budget, no further
appropriations shall be made at any other time during such
fiscal year, except as provided in this Division. Transfers
from one appropriation of any one fund to another of the same
fund, not affecting the total amount appropriated, may be made
at any meeting of the board by a two-thirds vote of all the
members constituting such board, the vote to be taken by a vote
of "aye", "nay", or "present" ayes and nays and entered on the

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record of the meeting. By a like vote the board may make
appropriations in excess of those authorized by the budget in
order to meet an immediate emergency.
(Source: P.A. 86-962.)