SB1336 100TH GENERAL ASSEMBLY

LRB100 06085 AWJ 16117 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1336

Introduced 2/9/2017, by Sen. Melinda Bush

SYNOPSIS AS INTRODUCED:

5 ILCS 420/4A-101	from Ch. 127, par. 604A-101
10 ILCS 5/25-11	from Ch. 46, par. 25-11
55 ILCS 5/2-3001	from Ch. 34, par. 2-3001
55 ILCS 5/2-3002	from Ch. 34, par. 2-3002
55 ILCS 5/2-3003.5 new
55 ILCS 5/2-3005.5 new
55 ILCS 5/2-3015
55 ILCS 5/2-3003 rep.
55 ILCS 5/2-3004 rep.
55 ILCS 5/2-3005 rep.

Amends the Counties Code. Provides that an 8-commissioner County Apportionment Commission in each county that has county board districts shall create an apportionment plan after each federal decennial census. Provides that specified Supreme Court Justices shall select the commissioners. Removes provisions allowing county boards to develop and file an apportionment plan. Provides requirements for districts formed in the apportionment plan, public hearings, filing requirements, and the selection of an additional commissioner if an apportionment plan isn't filed in a timely manner. Provides that the Supreme Court shall have original and exclusive jurisdiction over action concerning apportionment of county districts. Amends the Illinois Governmental Ethics Act and the Election Code making conforming changes.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Governmental Ethics Act is amended by changing Section 4A-101 as follows:

(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)

Sec. 4A-101. Persons required to file. The following persons shall file verified written statements of economic interests, as provided in this Article:

(a) Members of the General Assembly and candidates for nomination or election to the General Assembly.

(b) Persons holding an elected office in the Executive Branch of this State, and candidates for nomination or election to these offices.

(c) Members of a Commission or Board created by the Illinois Constitution, and candidates for nomination or election to such Commission or Board.

(d) Persons whose appointment to office is subject to confirmation by the Senate and persons appointed by the Governor to any other position on a board or commission described in subsection (a) of Section 15 of the Gubernatorial Boards and Commissions Act.

(e) Holders of, and candidates for nomination or election to, the office of judge or associate judge of the Circuit Court and the office of judge of the Appellate or Supreme Court.

(f) Persons who are employed by any branch, agency, authority or board of the government of this State, including but not limited to, the Illinois State Toll Highway Authority, the Illinois Housing Development Authority, the Illinois Community College Board, and institutions under the jurisdiction of the Board of Trustees of the University of Illinois, Board of Trustees of Southern Illinois University, Board of Trustees of Chicago State University, Board of Trustees of Eastern Illinois University, Board of Trustees of Governor's State University, Board of Trustees of Illinois State University, Board of Trustees of Northeastern Illinois University, Board of Trustees of Northern Illinois University, Board of Trustees of Western Illinois University, or Board of Trustees of the Illinois Mathematics and Science Academy, and are compensated for services as employees and not as independent contractors and who:

(1) are, or function as, the head of a department, commission, board, division, bureau, authority or other administrative unit within the government of this State, or who exercise similar authority within the government of this State;

(2) have direct supervisory authority over, or direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the State in the amount of $5,000 or more;

(3) have authority for the issuance or promulgation of rules and regulations within areas under the authority of the State;

(4) have authority for the approval of professional licenses;

(5) have responsibility with respect to the financial inspection of regulated nongovernmental entities;

(6) adjudicate, arbitrate, or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the State;

(7) have supervisory responsibility for 20 or more employees of the State;

(8) negotiate, assign, authorize, or grant naming rights or sponsorship rights regarding any property or asset of the State, whether real, personal, tangible, or intangible; or

(9) have responsibility with respect to the procurement of goods or services.

(g) Persons who are elected to office in a unit of local government, and candidates for nomination or election to that office, including regional superintendents of school districts.

(h) Persons appointed to the governing board of a unit of local government, or of a special district, and persons appointed to a zoning board, or zoning board of appeals, or to a regional, county, or municipal plan commission, or to a board of review of any county, and persons appointed to the Board of the Metropolitan Pier and Exposition Authority and any Trustee appointed under Section 22 of the Metropolitan Pier and Exposition Authority Act, and persons appointed to a board or commission of a unit of local government who have authority to authorize the expenditure of public funds. This subsection does not apply to members of boards or commissions who function in an advisory capacity.

(i) Persons who are employed by a unit of local government and are compensated for services as employees and not as independent contractors and who:

(1) are, or function as, the head of a department, division, bureau, authority or other administrative unit within the unit of local government, or who exercise similar authority within the unit of local government;

(2) have direct supervisory authority over, or direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the unit of local government in the amount of $1,000 or greater;

(3) have authority to approve licenses and permits by the unit of local government; this item does not include employees who function in a ministerial capacity;

(4) adjudicate, arbitrate, or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the unit of local government;

(5) have authority to issue or promulgate rules and regulations within areas under the authority of the unit of local government; or

(6) have supervisory responsibility for 20 or more employees of the unit of local government.

(j) Persons on the Board of Trustees of the Illinois Mathematics and Science Academy.

(k) Persons employed by a school district in positions that require that person to hold an administrative or a chief school business official endorsement.

(l) Special government agents. A "special government agent" is a person who is directed, retained, designated, appointed, or employed, with or without compensation, by or on behalf of a statewide executive branch constitutional officer to make an ex parte communication under Section 5-50 of the State Officials and Employees Ethics Act or Section 5-165 of the Illinois Administrative Procedure Act.

(m) Members of the board of commissioners of any flood prevention district created under the Flood Prevention District Act or the Beardstown Regional Flood Prevention District Act.

(n) Members of the board of any retirement system or investment board established under the Illinois Pension Code, if not required to file under any other provision of this Section.

(o) Members of the board of any pension fund established under the Illinois Pension Code, if not required to file under any other provision of this Section.

(p) Members of the investment advisory panel created under Section 20 of the Illinois Prepaid Tuition Act.

(q) Commissioners of a County Apportionment Commission appointed under Division 2-3 of Article 2 of the Counties Code.

This Section shall not be construed to prevent any unit of local government from enacting financial disclosure requirements that mandate more information than required by this Act.

(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555, eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11; 97-754, eff. 7-6-12.)

Section 10. 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 chairman 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 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 county board or board of county commissioners which has been divided into districts under Section 2-3003.5 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. 92-189, eff. 8-1-01; 92-583, eff. 6-26-02.)

Section 15. The Counties Code is amended by changing Sections 2-3001, 2-3002, and 2-3015 and by adding Sections 2-3003.5 and 2-3005.5 as follows:

(55 ILCS 5/2-3001) (from Ch. 34, par. 2-3001)

Sec. 2-3001. Definitions. As used in this Division, unless the context otherwise requires:

a. "District" means a county board district established as provided in this Division.

b. (Blank). "County apportionment commission" or "commission" means the county clerk, the State's Attorney, the Attorney General or his designated representative and the chairmen of the county central committees of the first leading political party and the second leading political party as defined in Section 1-3 of The Election Code.

c. "Population" means the number of inhabitants as determined by the last preceding federal decennial census.

d. "Member" or "board member" means a person elected to serve on the county board.

e. "Racial minorities or language minorities" has the meaning provided to those terms in subsection (c) of Section 5-5 of the Illinois Voting Rights Act of 2011.

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

(55 ILCS 5/2-3002) (from Ch. 34, par. 2-3002)

Sec. 2-3002. Counties with population of less than 3,000,000 and with township form of government.

(a) Reapportionment required. By July 1, 1971, and each 10 years thereafter, the county board of each county having a population of less than 3,000,000 inhabitants and the township form of government shall reapportion its county so that each member of the county board represents the same number of inhabitants. In reapportioning its county, the County Apportionment Commission county board shall first determine the size of the county board to be elected, which may consist of not less than 5 nor more than 29 members and may not exceed the size of the county board in that county on October 2, 1969. The county board shall also determine whether board members shall be elected at large from the county or by county board districts.

If the chairman of the county board is to be elected by the voters in a county of less than 450,000 population as provided in Section 2-3007, such chairman shall not be counted as a member of the county board for the purpose of the limitations on the size of a county board provided in this Section.

(b) Advisory referenda. The voters of a county may advise the County Apportionment Commission county board, through an advisory referendum, on questions concerning (i) the number of members of the county board to be elected, (ii) whether the board members should be elected from single-member districts, multi-member districts, or at-large, (iii) whether voters will have cumulative voting rights in the election of county board members, or (iv) any combination of the preceding 3 questions. The advisory referendum may be initiated either by petition or by ordinance of the county board. A written petition for an advisory referendum authorized by this Section must contain the signatures of at least 8% of the votes cast for candidates for Governor in the preceding gubernatorial election by the registered voters of the county and must be filed with the appropriate election authority. An ordinance initiating an advisory referendum authorized by this Section must be approved by a majority of the members of the county board and must be filed with the appropriate election authority. An advisory referendum initiated under this Section shall be placed on the ballot at the general election designated in the petition or ordinance.

(Source: P.A. 93-308, eff. 7-23-03.)

(55 ILCS 5/2-3003.5 new)

Sec. 2-3003.5. Apportionment plan.

(a) If the county board determines that members shall be elected by districts, county board districts shall each, in order of priority:

(1) be substantially equal in population;

(2) provide racial minorities or language minorities with the equal opportunity to participate in the political process and elect candidates of their choice;

(3) provide racial minorities who constitute less than a voting-age majority of a District with an opportunity to substantially influence the outcome of an election;

(4) be contiguous;

(5) be compact;

(6) respect, to the extent practical, geographic integrity of units of local government;

(7) respect, to the extent practical, communities sharing common social or economic interests; and

(8) not discriminate against or in favor of any political party or individual.

(b) No later than June 30 of the year in which each federal decennial census occurs, the Chief Justice and the most senior Justice of the Supreme Court who is not affiliated with the same political party as the Chief Justice shall select 8 commissioners to an independent County Apportionment Commission for each county which its board has determined that members shall be elected by districts. Each Commission must reflect the ethnic, gender, and racial demographics of the county for which it serves.

(c) A person is ineligible to serve on a Commission if, within the previous 4 calendar years, the person, or his or her spouse or immediate family member, was appointed or elected to a position with the State or unit of local government, a State or unit of local government employee, a lobbyist as defined in Section 1-110 of the Illinois Governmental Ethics Act, a person with an ownership interest in an entity with a county contract, or appointed or elected to serve a political party. Commissioners must file financial disclosure statements under Section 4A-101 of the Illinois Governmental Ethics Act and abide by any ethics requirements established by law.

(d) A Commission shall act in public meetings by an affirmative vote of 5 commissioners. A Commission shall elect its chairperson and vice chairperson, who are not affiliated with same political parties. All meetings of a Commission shall be open to the public. A Commission shall adopt rules governing its procedures.

(e) A Commission shall hold at least 5 public hearings throughout the county before adopting any apportionment plan, with a majority occurring before a Commission releases any proposed apportionment plan and at least 2 occurring after the release of the final plan and its associated compliance report.

(55 ILCS 5/2-3005.5 new)

Sec. 2-3005.5. Filing of apportionment plan; failure to file; legal action.

(a) A County Apportionment Commission shall adopt and file with the Secretary of State an apportionment plan for the county board districts by June 30 of the year following a federal decennial census.

(b) If a Commission fails to complete an apportionment plan by July 1 of the year following a federal decennial census, the Chief Justice of the Supreme Court and the most senior Justice of the Supreme Court who is not affiliated with the same political party as the Chief Justice shall appoint a ninth member to the Commission. The 9-member Commission shall adopt and file with the Secretary of State an apportionment plan for the county by August 1 of the year following the federal decennial census.

(c) An apportionment plan filed with the Secretary of State shall be presumed valid and shall be published promptly by the Secretary of State.

(d) The Supreme Court shall have original and exclusive jurisdiction over actions concerning apportionment of county districts that shall be initiated in the name of the People of the State of Illinois by the Attorney General.

(55 ILCS 5/2-3015)

Sec. 2-3015. Qualifications of County Board Members and County Commissioners. In counties with a population of 3,000,000 or less, no person is eligible to hold the office of county board member or county commissioner unless he or she is a legal voter and has been a resident of the county for at least one year next preceding the election.

(Source: P.A. 90-173, eff. 1-1-98.)

(55 ILCS 5/2-3003 rep.)

(55 ILCS 5/2-3004 rep.)

(55 ILCS 5/2-3005 rep.)

Section 20. The Counties Code is amended by repealing Sections 2-3003, 2-3004, and 2-3005.