Sen. Michael E. Hastings

Filed: 2/23/2022

 

 


 

 


 
10200SB1015sam001LRB102 05064 AWJ 36832 a

1
AMENDMENT TO SENATE BILL 1015

2    AMENDMENT NO. ______. Amend Senate Bill 1015 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Section 25-11 as follows:
 
6    (10 ILCS 5/25-11)  (from Ch. 46, par. 25-11)
7    Sec. 25-11. Except as otherwise provided in this
8paragraph, when When a vacancy occurs in any elective county
9office, or in a county of less than 3,000,000 population in the
10office of clerk of the circuit court, in a county which is not
11a home rule unit, the county board or board of county
12commissioners shall declare that such vacancy exists and
13notification thereof shall be given to the county central
14committee or the appropriate county board or board of county
15commissioners district committee of each established political
16party within 3 days of the occurrence of the vacancy. The

 

 

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1vacancy shall be filled within 60 days by appointment of the
2chair of the county board or board of county commissioners
3with the advice and consent of the county board or board of
4county commissioners. In counties other than Champaign County
5operating under the county executive form of government under
6Division 2-5 of the Counties Code, when a vacancy occurs in an
7elected county office or in the office of an elected member of
8the county board, the county executive shall declare that such
9vacancy exists and then notification of the vacancy shall be
10given to the county central committee or the appropriate
11county board district committee of each established political
12party within 3 days of the occurrence of the vacancy; and the
13vacancy shall be filled within 60 days by appointment of the
14county executive with the advice and consent of the county
15board. In Champaign County while operating under the county
16executive form of government under Division 2-5 of the
17Counties Code, when a vacancy occurs in an elected county
18office or in the office of an elected member of the county
19board, the elected county board speaker or county board chair,
20as the case may be, shall declare that such vacancy exists and
21then notification shall be given to the county central
22committee or the appropriate county board district committee
23of each established political party within 3 days of the
24occurrence of the vacancy; and the vacancy shall be filled
25within 60 days by appointment of the elected county board
26speaker or county board chair, as the case may be, with the

 

 

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1advice and consent of the county board. In counties in which
2forest preserve district commissioners are elected by
3districts and are not also members of the county board,
4however, vacancies in the office of forest preserve district
5commissioner shall be filled within 60 days by appointment of
6the president of the forest preserve district board of
7commissioners with the advice and consent of the forest
8preserve district board of commissioners. In counties in which
9the forest preserve district president is not also a member of
10the county board, vacancies in the office of forest preserve
11district president shall be filled within 60 days by the
12forest preserve district board of commissioners by appointing
13one of the commissioners to serve as president. The appointee
14shall be a member of the same political party as the person he
15succeeds was at the time of his election and shall be otherwise
16eligible to serve. The appointee shall serve the remainder of
17the unexpired term. However, if more than 28 months remain in
18the term, the appointment shall be until the next general
19election at which time the vacated office shall be filled by
20election for the remainder of the term. In the case of a
21vacancy in a seat on a county board or board of county
22commissioners which has been divided into districts under
23Section 2-3003 or 2-4006.5 of the Counties Code, the appointee
24must also be a resident of the county board or county
25commission district. If a county commissioner ceases to reside
26in the district that he or she represents, a vacancy in that

 

 

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1office exists.
2    Except as otherwise provided by county ordinance or by
3law, in any county which is a home rule unit, vacancies in
4elective county offices, other than the office of chief
5executive officer, and vacancies in the office of clerk of the
6circuit court in a county of less than 3,000,000 population,
7shall be filled by the county board or board of county
8commissioners.
9(Source: P.A. 100-1027, eff. 1-1-19.)
 
10    Section 10. The Counties Code is amended by changing
11Sections 2-5003, 2-5007, 2-5009, 2-5010, 2-5014, and 2-5015
12and by adding Sections 2-5017, 2-5018, 2-5019, 2-5020, 2-5021,
13and 2-5022 as follows:
 
14    (55 ILCS 5/2-5003)  (from Ch. 34, par. 2-5003)
15    Sec. 2-5003. Definitions. As used in this Division, unless
16the context requires otherwise:
17    (a) "County board" or "board" means the legislative
18governing body of any county other than Cook County which has
19adopted the county executive form of government under this
20Division.
21    "County board speaker" or "speaker" means the county board
22member elected by the county board to serve as the lead
23representative for the county board, and may be referred to as
24the "county board speaker", "speaker", "county board chair",

 

 

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1or "chair".
2    (b) "County executive" means the county official elected
3by the voters of any county other than Cook County to be the
4chief executive officer to administer the county executive
5form of government under this Division.
6    (c) "County executive form of government" means that form
7of government in which the departments of county government
8are administered by a single county official called the county
9executive elected at large by the qualified voters of the
10county. The board shall act as the legislative body of the
11county under this form of county government.
12(Source: P.A. 86-926.)
 
13    (55 ILCS 5/2-5007)  (from Ch. 34, par. 2-5007)
14    Sec. 2-5007. Term of county executive. The county
15executive shall serve a term of 4 years, commencing on the
16first Monday in the month following the month of the election
17in which the county executive was elected his election and
18until a his successor is elected and qualified.
19(Source: P.A. 86-962.)
 
20    (55 ILCS 5/2-5009)  (from Ch. 34, par. 2-5009)
21    Sec. 2-5009. Duties and powers of county executive. Any
22county executive elected under this Division shall:
23    (a) see that all of the orders, resolutions and
24regulations of the board are faithfully executed;

 

 

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1    (b) coordinate and direct by executive order or otherwise
2all administrative and management functions of the county
3government except the offices of elected county officers;
4    (b-5) control the internal operations of the county
5executive's office and procure the necessary equipment,
6materials, and services to perform the duties of that office;
7    (c) prepare and submit to the board for its approval the
8annual budget for the county required by Division 6-1 of this
9Code;
10    (d) appoint, with the advice and consent of the board,
11persons to serve on the various boards and commissions to
12which appointments are provided by law to be made by the board;
13    (d-5) make appointments to fill vacancies occurring in the
14office of an elected county officer and in the office of an
15elected member of the county board in accordance with Section
1625-11 of the Election Code in counties, other than Champaign
17County, operating under the county executive form of
18government under this Division;
19    (e) appoint, with the advice and consent of the board,
20persons to serve on various special districts within the
21county except where appointment to serve on such districts is
22otherwise provided by law;
23    (e-5) except as otherwise provided by law, remove or
24suspend, in the county executive's discretion and after notice
25and hearing, anyone whom the county executive has the power to
26appoint under subsection (d) or (e);

 

 

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1    (f) make an annual report to the board on the affairs of
2the county, on such date and at such time as the board shall
3designate, and keep the board fully advised as to the
4financial condition of the county and its future financial
5needs;
6    (f-5) for a county executive of a county that has adopted
7the executive form of government on or before the effective
8date of this amendatory Act of the 96th General Assembly,
9appoint, with the advice and consent of the board, all
10department heads for any county departments;
11    (g) hire appoint, with the advice and consent of the
12board, such subordinate deputies, employees and appointees for
13the general administration of county affairs as considered
14necessary, except those deputies, employees and appointees in
15the office of an elected county official or county board
16member officer; however, the advice and consent requirement
17set forth in this paragraph shall not apply to persons
18employed as a member of the immediate personal staff of a
19county executive of a county that has adopted the executive
20form of government on or before the effective date of this
21amendatory Act of the 96th General Assembly;
22    (h) except as otherwise provided by law, remove or
23suspend, in the discretion of the county executive, department
24heads for a county department and in his discretion, after due
25notice and hearing, anyone whom the county executive he has
26the power to hire under subsection (g); appoint;

 

 

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1    (i) require reports and examine accounts, records and
2operations of all county administrative units;
3    (j) supervise the care and custody of all county property
4including institutions and agencies;
5    (k) approve or veto ordinances or resolutions pursuant to
6Section 2-5010;
7    (l) preside over board meetings; however, the county
8executive is not entitled to vote except to break a tie vote;
9    (l-5) for a county executive of a county that has adopted
10the executive form of government on or before the effective
11date of this amendatory Act of the 96th General Assembly, if
12the County Executive is temporarily not available to preside
13over a board meeting, the County Executive shall designate a
14board member to preside over the board meeting;
15    (m) call a special meeting of the county board, by a
16written executive order signed by the county executive him and
17upon 24 hours notice by delivery of a copy of such order to the
18residence of each board member;
19    (n) with the advice and consent of the county board, enter
20into intergovernmental agreements with other governmental
21units;
22    (o) with the advice and consent of the county board,
23negotiate on behalf of the county with governmental units and
24the private sector for the purpose of promoting economic
25growth and development;
26    (p) at the his discretion of the county executive, appoint

 

 

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1a person to serve as legal counsel at an annual salary
2established by the county board at an amount no greater than
3the annual salary of the state's attorney of the county;
4    (q) perform such other duties as shall be required of the
5county executive him by the board.
6(Source: P.A. 96-1540, eff. 3-7-11.)
 
7    (55 ILCS 5/2-5010)  (from Ch. 34, par. 2-5010)
8    Sec. 2-5010. Approval of ordinances. Any ordinance passed,
9adopted or otherwise enacted by the board shall before it
10becomes effective be presented to the county executive. If the
11county executive approves such ordinance, resolution or
12motion, the county executive he shall sign it; if not, the
13county executive he shall return it to the board with the his
14objections, which shall be entered and spread upon the
15journal, and the board shall proceed to reconsider the matter.
16If after such reconsideration 3/5 of the members of the board
17pass such ordinance, it shall become effective on the date
18prescribed but not earlier than the date of passage following
19reconsideration. In all such cases the votes of the members of
20the board shall be determined by yeas ayes and nays and the
21names of the members voting for or against such ordinance
22objected to by the county executive shall be entered and
23spread upon the journal. If any ordinance is not returned by
24the county executive to the board at its first meeting
25occurring not less than 6 days, Sundays excepted, after it has

 

 

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1been presented to the county executive him, it shall become
2effective unless the board has recessed or adjourned for a
3period in excess of 60 days, in which case it shall not become
4effective without the approval of the county executive his
5approval. Items of appropriation may be approved or vetoed by
6the county executive. Any item approved by the county
7executive and all items not vetoed shall become law, and any
8item vetoed shall be returned to and reconsidered by the board
9in the same manner as provided in this Section for other
10ordinances returned to the board without approval.
11(Source: P.A. 86-962.)
 
12    (55 ILCS 5/2-5014)  (from Ch. 34, par. 2-5014)
13    Sec. 2-5014. Certified statements by county clerk. At
14least 20 days prior to any referendum under Section 2-5005 or
15Section 2-5013, the county clerk shall file with the Secretary
16of State a certified statement indicating when such a
17referendum will be held. Within 30 days after any such
18referendum the county clerk shall file with the Secretary of
19State a certified statement showing the results of the
20referendum and the resulting status of the county as a home
21rule county or a non-home rule county. The Secretary of State
22shall maintain such certified statements in the his office of
23the Secretary of State as a public record.
24(Source: P.A. 86-962.)
 

 

 

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1    (55 ILCS 5/2-5015)  (from Ch. 34, par. 2-5015)
2    Sec. 2-5015. County board chair; superseding Superseding
3plan for election of county board chairman.
4    (a) Notwithstanding any provision of law to the contrary,
5in a county that has adopted the county executive form of
6government under this Division, the county board chairman,
7county board chairperson, or county board chair shall only
8have those powers and duties set forth in this Division. Any
9powers and duties vested in a county board chairman, county
10board chairperson, or county board chair in any Illinois
11statute, other than this Division, Section 11 of the Public
12Health District Act, and Section 25-11 of the Election Code,
13shall instead be vested in the county executive in those
14counties that have adopted the county executive form of
15government.
16    (b) The adoption of the county executive form of
17government by any county pursuant to this Division shall
18supersede any plan adopted by the county board of that county
19pursuant to Section 2-3007, as now or hereafter amended, for
20the election of the chairman of the county board by the voters
21of the county.
22(Source: P.A. 86-962.)
 
23    (55 ILCS 5/2-5017 new)
24    Sec. 2-5017. Regular meetings of the county board. Regular
25and special meetings of the county board may be held in any

 

 

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1public building located within the county that such county
2board is elected to serve. Prior notice of the building
3selected for the meeting shall be provided by the board
4speaker to each member of the county board in the manner
5provided pursuant to the rules of the county board. Regular
6meetings of the board shall be held in June and September, and
7at such other times as may be determined by the board.
8    At each regular and special meeting which is open to the
9public, members of the public and employees of the county
10shall be afforded time, subject to reasonable constraints, to
11comment to or ask questions of the board.
 
12    (55 ILCS 5/2-5018 new)
13    Sec. 2-5018. Special meetings. Special meetings of the
14board shall be held only when requested by at least one-third
15of the members of the board, or when requested by the county
16executive, which request shall be in writing, addressed to the
17clerk of the board, and specifying the time and place of such
18meeting, upon reception of which the clerk shall immediately
19transmit notice, in writing, of such meeting, to each of the
20members of the board. The clerk shall also cause notice of such
21meeting to be published in a newspaper printed in the county,
22if any. If a vacancy arises in the office of clerk, because of
23death or other reason, then the request shall be addressed to
24the circuit clerk who shall perform the duties of the clerk
25pursuant to this Section.
 

 

 

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1    (55 ILCS 5/2-5019 new)
2    Sec. 2-5019. Speaker of the county board. The county board
3shall, at its first meeting in the month following the month in
4which county board members are elected, choose one of its
5members as speaker for a term of 2 years.
6    A speaker may be removed, with or without cause, upon a
7motion adopted by an affirmative vote of four-fifths of the
8county board. Upon adoption of a motion to remove the speaker:
9(i) the speaker position becomes vacant and the former
10speaker's compensation shall be prorated to the date the
11motion was approved; and (ii) a new speaker shall be elected at
12the next regularly scheduled county board meeting. A speaker
13removed under this Section maintains his or her status as a
14member of the county board.
 
15    (55 ILCS 5/2-5020 new)
16    Sec. 2-5020. Quorum; omnibus votes. A majority of the
17members of any county board shall constitute a quorum for the
18transaction of business; and all questions, ordinances,
19resolutions, or motions which shall arise at meetings shall be
20determined by the votes of the majority of the members
21present, except in such cases as is otherwise provided.
22    The county board at any properly noticed public meeting
23may by unanimous consent take a single vote by yeas and nays on
24the several questions of the passage of any 2 or more of the

 

 

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1designated ordinances, orders, resolutions, or motions placed
2together for voting purposes in a single group. The single
3vote shall be entered separately in the minutes under the
4designation "omnibus vote", and the clerk may enter the words
5"omnibus vote" or "consent agenda" in the minutes in each case
6instead of entering the names of the members of the county
7board voting "yea" and those voting "nay" on the passage of
8each of the designated ordinances, orders, resolutions, and
9motions included in the omnibus group or consent agenda. The
10taking of a single or omnibus vote and the entries of the words
11"omnibus vote" or "consent agenda" in the minutes shall be a
12sufficient compliance with the requirements of this Section to
13all intents and purposes and with like effect as if the vote in
14each case had been taken separately by yeas and nays on the
15question of the passage of each ordinance, order, resolution,
16and motion included in the omnibus group and separately
17recorded in the minutes. Likewise, the yeas and nays shall be
18taken upon the question of the passage of any other ordinance,
19resolution, or motion at the request of any county board
20member and shall be recorded in the minutes.
 
21    (55 ILCS 5/2-5021 new)
22    Sec. 2-5021. Open meetings. County board meetings are open
23to the public, and all persons may attend the meetings. The
24vote on all propositions to appropriate money from the county
25treasury shall be taken by "yeas" and "nays" and entered on the

 

 

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1record of the meeting.
 
2    (55 ILCS 5/2-5022 new)
3    Sec. 2-5022. Administering oaths. The county executive, or
4designee, may administer an oath to any person concerning any
5matter submitted to the board, or connected with its powers
6and duties, and a member of the board may administer the oath
7required by law to a claimant presenting a claim against the
8county to be passed by the board. A member so administering an
9oath to a claimant may not charge a fee for administering the
10oath.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".