97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0042

 

Introduced 1/27/2011, by Sen. Susan Garrett

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1005.2 new
30 ILCS 805/8.35 new

    Amends the Counties Code. Requires that a county board create a uniform application process for all appointed county positions. Defines "appointed county position" as a position on a board or commission authorized or created by State law or county ordinance or resolution to which the county board, one or more members of the county board, the county board chairperson, or any combination of those persons or entities, has the authority to make the appointment. Provides that, if a county maintains an Internet website, then the county must create and maintain on that website a centralized, searchable database, freely accessible to the public, of information concerning appointed county positions. Sets forth the requirements for the database. Provides that if a county does not maintain an Internet website, then the county must publish the information in a newspaper of general circulation within the county. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 adding Section
55-1005.2 as follows:
 
6    (55 ILCS 5/5-1005.2 new)
7    Sec. 5-1005.2. Appointed county position; database.
8    (a) For the purposes of this Section, "appointed county
9position" means a position on a board or commission authorized
10or created by State law or county ordinance or resolution to
11which the county board, one or more members of the county
12board, the county board chairperson, or any combination of
13those persons or entities, has the authority to make the
14appointment.
15    (b) A county board must create a uniform application
16process for all appointed county positions. A person seeking
17appointment or reappointment to an appointed county position
18must submit to the county the uniform application created by
19the county board pursuant to this subsection (b).
20    (c) Within 90 days after the effective date of this
21amendatory Act of the 97th General Assembly, a county that
22maintains an Internet website must create and maintain on that
23website a centralized, searchable database, freely accessible

 

 

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1to the public, of information concerning appointed county
2positions. The database must be easily accessible from the
3county's home page and searchable.
4    The database must include, at a minimum:
5        (1) The qualifications for, and the powers, duties, and
6    responsibilities of, each appointed county position.
7        (2) The name and term of each current member serving in
8    an appointed county position and previous terms served by
9    that person in that or any other appointed county position.
10        (3) Each current vacancy in an appointed county
11    position.
12        (4) Information as to how a person may apply for an
13    appointed county position including without limitation a
14    downloadable version of the application form.
15    (d) If a county does not maintain an Internet website, then
16the county must, within 90 days after the effective date of
17this amendatory Act of the 97th General Assembly, and at least
18once every year thereafter, publish the information required in
19subsection (c) in a newspaper of general circulation within the
20county. The county must also make available to the public a
21copy of the information at the county clerk's office.
22    (e) Nothing in this Section shall impair the ability of a
23person serving in an appointed county position on the effective
24date of this amendatory Act of the 97th General Assembly to
25complete his or her current term of office.
26    (f) If a county fails to comply with this Section, then any

 

 

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1citizen who is a resident of the county may file suit in the
2circuit court in which the county is located. The citizen may
3bring a mandamus or injunction action to compel the county to
4comply with the requirements set forth in this Section. The
5court may impose any penalty or other sanction as it deems
6appropriate. The court, in its discretion, may also award to
7the citizen bringing the action reasonable attorneys' fees and
8costs.
9    (g) No unit of local government may adopt application
10procedures or posting or publication requirements that are
11inconsistent with this Section. This Section is a limitation
12under subsection (i) of Section 6 of Article VII of the
13Illinois Constitution on the concurrent exercise by home rule
14units of powers and functions exercised by the State.
 
15    Section 90. The State Mandates Act is amended by adding
16Section 8.35 as follows:
 
17    (30 ILCS 805/8.35 new)
18    Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8
19of this Act, no reimbursement by the State is required for the
20implementation of any mandate created by this amendatory Act of
21the 97th General Assembly.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.