SB2289sam001 103RD GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 3/3/2023

10300SB2289sam001 LRB103 28798 BMS 58594 a

AMENDMENT TO SENATE BILL 2289

AMENDMENT NO. ______. Amend Senate Bill 2289 by replacing everything after the enacting clause with the following:

"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. Except as otherwise provided in this paragraph, 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 a county In counties other than Champaign County operating under the county executive form of government under Division 2-5 of the Counties Code, when a vacancy occurs in an elected county office other than in the office of an elected member of the county board, the county executive shall declare that such vacancy exists and then notification of the vacancy shall be given to the county central committee of each established political party within 3 days of the occurrence of the vacancy, and the vacancy shall be filled within 60 days by appointment of the county executive with the advice and consent of the county board. However, when a vacancy occurs in the office of an elected member of the county board in a county other than Champaign County that is operating under the county executive form of government under Division 2-5 of the Counties Code, the elected county board speaker or county board chair, as the case may be, shall declare that such vacancy exists and then notification shall be given to the appropriate county board district committee of each established political party within 3 days of the occurrence of the vacancy, and the vacancy shall be filled within 60 days by appointment of the elected county board speaker or county board chair, as the case may be, with the advice and consent of the county board. In Champaign County while operating under the county executive form of government under Division 2-5 of the Counties Code, when a vacancy occurs in an elected county office or in the office of an elected member of the county board, the elected county board speaker or county board chair, as the case may be, shall declare that such vacancy exists and then notification 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; and the vacancy shall be filled within 60 days by appointment of the elected county board speaker or county board chair, as the case may be, 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 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.

For any vacancy in any elective office filled under this Section, the appointee shall be a member of the same political party as the person he or she succeeds was at the time of his or her election and shall be otherwise eligible to serve.

(Source: P.A. 102-1120, eff. 1-23-23.)

Section 10. The Counties Code is amended by changing Section 2-5009 as follows:

(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;

(b-5) control the internal operations of the county executive's office and procure the necessary equipment, materials, and services to perform the duties of that office;

(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;

(d-5) make appointments to fill vacancies occurring in the office of an elected county officer other than the office of an elected member of the county board in accordance with Section 25-11 of the Election Code in counties, other than Champaign County, operating under the county executive form of government under this Division;

(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;

(e-5) except as otherwise provided by law, remove or suspend, in the county executive's discretion and after notice and hearing, anyone whom the county executive has the power to appoint under subsection (d) or (e);

(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) appoint, with the advice and consent of the board, all department heads for any county departments;

(g) hire 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 or county board member;

(h) except as otherwise provided by law, remove or suspend, in the discretion of the county executive, department heads for a county department and anyone whom the county executive has the power to hire under subsection (g);

(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 the county executive 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, negotiate on behalf of the county with governmental units and the private sector for the purpose of promoting economic growth and development;

(p) at the discretion of the county executive, appoint a person to serve as legal counsel at an annual salary no greater than the annual salary of the state's attorney of the county;

(q) perform such other duties as shall be required of the county executive by the board.

(Source: P.A. 102-1120, eff. 1-23-23.)".