SB0042 97TH GENERAL ASSEMBLY

LRB097 02865 KMW 42887 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0042

Introduced 1/27/2011, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1005.2 new
30 ILCS 805/8.35 new

Amends the Counties Code. Requires that a county board create a uniform application process for all appointed county positions. Defines "appointed county position" as a position on a board or commission authorized or created by State law or county ordinance or resolution to which the county board, one or more members of the county board, the county board chairperson, or any combination of those persons or entities, has the authority to make the appointment. Provides that, if a county maintains an Internet website, then the county must create and maintain on that website a centralized, searchable database, freely accessible to the public, of information concerning appointed county positions. Sets forth the requirements for the database. Provides that if a county does not maintain an Internet website, then the county must publish the information in a newspaper of general circulation within the county. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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 adding Section 5-1005.2 as follows:

(55 ILCS 5/5-1005.2 new)

Sec. 5-1005.2. Appointed county position; database.

(a) For the purposes of this Section, "appointed county position" means a position on a board or commission authorized or created by State law or county ordinance or resolution to which the county board, one or more members of the county board, the county board chairperson, or any combination of those persons or entities, has the authority to make the appointment.

(b) A county board must create a uniform application process for all appointed county positions. A person seeking appointment or reappointment to an appointed county position must submit to the county the uniform application created by the county board pursuant to this subsection (b).

(c) Within 90 days after the effective date of this amendatory Act of the 97th General Assembly, a county that maintains an Internet website must create and maintain on that website a centralized, searchable database, freely accessible to the public, of information concerning appointed county positions. The database must be easily accessible from the county's home page and searchable.

The database must include, at a minimum:

(1) The qualifications for, and the powers, duties, and responsibilities of, each appointed county position.

(2) The name and term of each current member serving in an appointed county position and previous terms served by that person in that or any other appointed county position.

(3) Each current vacancy in an appointed county position.

(4) Information as to how a person may apply for an appointed county position including without limitation a downloadable version of the application form.

(d) If a county does not maintain an Internet website, then the county must, within 90 days after the effective date of this amendatory Act of the 97th General Assembly, and at least once every year thereafter, publish the information required in subsection (c) in a newspaper of general circulation within the county. The county must also make available to the public a copy of the information at the county clerk's office.

(e) Nothing in this Section shall impair the ability of a person serving in an appointed county position on the effective date of this amendatory Act of the 97th General Assembly to complete his or her current term of office.

(f) If a county fails to comply with this Section, then any citizen who is a resident of the county may file suit in the circuit court in which the county is located. The citizen may bring a mandamus or injunction action to compel the county to comply with the requirements set forth in this Section. The court may impose any penalty or other sanction as it deems appropriate. The court, in its discretion, may also award to the citizen bringing the action reasonable attorneys' fees and costs.

(g) No unit of local government may adopt application procedures or posting or publication requirements that are inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.35 as follows:

(30 ILCS 805/8.35 new)

Sec. 8.35. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 97th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.