SB3349 96TH GENERAL ASSEMBLY

LRB096 20099 RLJ 35624 b

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.

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 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.

(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 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 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 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 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.)