Sen. Terry Link
Filed: 1/5/2011
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1 | AMENDMENT TO HOUSE BILL 5727
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2 | AMENDMENT NO. ______. Amend House Bill 5727 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Sections 2-3003, 2-3004, 2-5009, and 2-5011 as follows:
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6 | (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
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7 | Sec. 2-3003. Apportionment plan.
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8 | (1) If the county board determines
that members shall be | ||||||
9 | elected by districts, it shall develop an
apportionment plan | ||||||
10 | and specify the number of districts and the number of
county | ||||||
11 | board members to be elected from each district and whether | ||||||
12 | voters will
have cumulative voting rights in multi-member | ||||||
13 | districts. Each such district:
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14 | a. Shall be equal in population to each other district;
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15 | b. Shall be comprised of contiguous territory, as | ||||||
16 | nearly compact as
practicable; and
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1 | c. May divide townships or municipalities only when | ||||||
2 | necessary to conform
to the population requirement of | ||||||
3 | paragraph a. of this Section.
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4 | d. Shall be created in such a manner so that no | ||||||
5 | precinct shall be
divided between 2 or more districts, | ||||||
6 | insofar as is practicable.
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7 | (2) The county board of each county having a population of | ||||||
8 | less than
3,000,000 inhabitants may, if it should so decide, | ||||||
9 | provide within that
county for single member districts outside | ||||||
10 | the corporate limits and
multi-member districts within the | ||||||
11 | corporate limits of any municipality with
a population in | ||||||
12 | excess of 75,000. Paragraphs a, b, c and d of subsection
(1) of | ||||||
13 | this Section shall apply to the apportionment of both single | ||||||
14 | and
multi-member districts within a county to the extent that | ||||||
15 | compliance with
paragraphs a, b, c and d still permit the | ||||||
16 | establishment of such districts,
except that the population of | ||||||
17 | any multi-member district shall be equal to
the population of | ||||||
18 | any single member district, times the number of members
found | ||||||
19 | within that multi-member district. | ||||||
20 | (3) In a county where the Chairman of the County Board is | ||||||
21 | elected by the voters of the county as provided in Section | ||||||
22 | 2-3007, the Chairman of the County Board may develop and | ||||||
23 | present to the Board by the third Wednesday in May in the year | ||||||
24 | after a federal decennial census year an apportionment plan in | ||||||
25 | accordance with the provisions of subsection (1) of this | ||||||
26 | Section. If the Chairman presents a plan to the Board by the |
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1 | third Wednesday in May, the Board shall conduct at least one | ||||||
2 | public hearing to receive comments and to discuss the | ||||||
3 | apportionment plan, the hearing shall be held at least 6 days | ||||||
4 | but not more than 21 days after the Chairman's plan was | ||||||
5 | presented to the Board, and the public shall be given notice of | ||||||
6 | the hearing at least 6 days in advance. If the Chairman | ||||||
7 | presents a plan by the third Wednesday in May, the Board is | ||||||
8 | prohibited from enacting an apportionment plan until after a | ||||||
9 | hearing on the plan presented by the Chairman. The Chairman | ||||||
10 | shall have access to the federal decennial census available to | ||||||
11 | the Board. | ||||||
12 | (4) In a county where a County Executive is elected by the | ||||||
13 | voters of the county as provided in 2-5007 of the Counties | ||||||
14 | Code, the County Executive may develop and present to the Board | ||||||
15 | by the third Wednesday in May in the year after a federal | ||||||
16 | decennial census year an apportionment plan in accordance with | ||||||
17 | the provisions of subsection (1) of this Section. If the | ||||||
18 | Executive presents a plan to the Board by the third Wednesday | ||||||
19 | in May, the Board shall conduct at least one public hearing to | ||||||
20 | receive comments and to discuss the apportionment plan, the | ||||||
21 | hearing shall be held at least 6 days but not more than 21 days | ||||||
22 | after the Executive's plan was presented to the Board, and the | ||||||
23 | public shall be given notice of the hearing at least 6 days in | ||||||
24 | advance. If the Executive presents a plan by the third | ||||||
25 | Wednesday in May, the Board is prohibited from enacting an | ||||||
26 | apportionment plan until after a hearing on the plan presented |
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1 | by the Executive. The Executive shall have access to the | ||||||
2 | federal decennial census available to the Board.
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3 | (Source: P.A. 93-308, eff. 7-23-03.)
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4 | (55 ILCS 5/2-3004) (from Ch. 34, par. 2-3004)
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5 | Sec. 2-3004. Failure to complete reapportionment. If any | ||||||
6 | county board fails to complete the reapportionment of its | ||||||
7 | county
by July 1 in 2011 1971 or any 10 years thereafter or by | ||||||
8 | the day after the county board's regularly scheduled July | ||||||
9 | meeting in 2011 or any 10 years thereafter, whichever is later , | ||||||
10 | the county clerk of that
county shall convene the county | ||||||
11 | apportionment commission. Three members of
the commission | ||||||
12 | shall constitute a quorum, but a majority of all the members
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13 | must vote affirmatively on any determination made by the | ||||||
14 | commission. The
commission shall adopt rules for its procedure.
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15 | The commission shall develop an apportionment plan for the | ||||||
16 | county in the
manner provided by Section 2-3003, dividing the | ||||||
17 | county into the same number of
districts as determined by the | ||||||
18 | county board. If the county board has failed
to determine the | ||||||
19 | size of the county board to be elected, then the number of
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20 | districts and the number of members to be elected shall be the | ||||||
21 | largest
number to which the county is entitled under Section | ||||||
22 | 2-3002.
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23 | The commission shall submit its apportionment plan by | ||||||
24 | October 1 in the
year that it is convened, except that the | ||||||
25 | circuit court, for good cause
shown, may grant an extension of |
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1 | time, not exceeding a total of 60 days,
within which such a | ||||||
2 | plan may be submitted.
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3 | (Source: P.A. 86-962.)
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4 | (55 ILCS 5/2-5009) (from Ch. 34, par. 2-5009)
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5 | Sec. 2-5009. Duties and powers of county executive. Any | ||||||
6 | county executive elected under this Division shall:
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7 | (a) see that all of the orders, resolutions and regulations | ||||||
8 | of the board
are faithfully executed;
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9 | (b) coordinate and direct by executive order or otherwise | ||||||
10 | all
administrative and management functions of the county | ||||||
11 | government except the
offices of elected county officers;
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12 | (c) prepare and submit to the board for its approval the | ||||||
13 | annual budget
for the county required by Division 6-1 of this | ||||||
14 | Code;
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15 | (d) appoint, with the advice and consent of the board, | ||||||
16 | persons to serve
on the various boards and commissions to which | ||||||
17 | appointments are provided by
law to be made by the board;
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18 | (e) appoint, with the advice and consent of the board, | ||||||
19 | persons to serve
on various special districts within the county | ||||||
20 | except where appointment to
serve on such districts is | ||||||
21 | otherwise provided by law;
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22 | (f) make an annual report to the board on the affairs of | ||||||
23 | the county, on
such date and at such time as the board shall | ||||||
24 | designate, and keep the board
fully advised as to the financial | ||||||
25 | condition of the county and its future
financial needs;
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1 | (f-5) for a county executive of a county that has adopted | ||||||
2 | the executive form of government on or before the effective | ||||||
3 | date of this amendatory Act of the 96th General Assembly, | ||||||
4 | appoint, with the advice and consent of the board, all | ||||||
5 | department heads for any county departments; | ||||||
6 | (g) appoint, with the advice and consent of the board, such | ||||||
7 | subordinate
deputies, employees and appointees for the general | ||||||
8 | administration of county
affairs as considered necessary, | ||||||
9 | except those deputies, employees and
appointees in the office | ||||||
10 | of an elected county officer ; however, the advice and consent | ||||||
11 | requirement set forth in this paragraph shall not apply to | ||||||
12 | persons employed as a member of the immediate personal staff of | ||||||
13 | a county executive of a county that has adopted the executive | ||||||
14 | form of government on or before the effective date of this | ||||||
15 | amendatory Act of the 96th General Assembly ;
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16 | (h) remove or suspend in his discretion, after due notice | ||||||
17 | and hearing,
anyone whom he has the power to appoint;
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18 | (i) require reports and examine accounts, records and | ||||||
19 | operations of all
county administrative units;
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20 | (j) supervise the care and custody of all county property | ||||||
21 | including
institutions and agencies;
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22 | (k) approve or veto ordinances or resolutions pursuant to | ||||||
23 | Section
2-5010;
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24 | (l) preside over board meetings; however, the county | ||||||
25 | executive
is not entitled to vote except to break a tie vote;
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26 | (l-5) for a county executive of a county that has adopted |
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1 | the executive form of government on or before the effective | ||||||
2 | date of this amendatory Act of the 96th General Assembly, if | ||||||
3 | the County Executive is temporarily not available to preside | ||||||
4 | over a board meeting, the County Executive shall designate a | ||||||
5 | board member to preside over the board meeting; | ||||||
6 | (m) call a special meeting of the county board, by a | ||||||
7 | written
executive order signed by him and upon 24 hours notice | ||||||
8 | by delivery of a
copy of such order to the residence of each | ||||||
9 | board member;
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10 | (n) with the advice and consent of the county board, enter | ||||||
11 | into
intergovernmental agreements with other governmental | ||||||
12 | units;
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13 | (o) with the advice and consent of the county board, | ||||||
14 | negotiate on
behalf of the county with governmental units and | ||||||
15 | the private sector for the
purpose of promoting economic growth | ||||||
16 | and development;
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17 | (p) at his discretion, appoint a person to serve as legal | ||||||
18 | counsel at
an annual salary established by the county board at | ||||||
19 | an amount no greater
than the annual salary of the state's | ||||||
20 | attorney of the county;
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21 | (q) perform such other duties as shall be required of him | ||||||
22 | by the board.
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23 | (Source: P.A. 86-962.)
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24 | (55 ILCS 5/2-5011) (from Ch. 34, par. 2-5011)
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25 | Sec. 2-5011. Death, resignation or inability of county |
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1 | executive. In
case of the death, resignation or other inability | ||||||
2 | of the county executive
to act, the board shall select a person | ||||||
3 | qualified under Section 2-5008 and Section 25-11 of the | ||||||
4 | Election Code to
serve as the interim county executive until | ||||||
5 | the next general election.
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6 | (Source: P.A. 86-962.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
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