Illinois General Assembly - Full Text of HB4787
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Full Text of HB4787  102nd General Assembly

HB4787 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4787

 

Introduced 1/27/2022, by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/25-11  from Ch. 46, par. 25-11
55 ILCS 5/2-5003  from Ch. 34, par. 2-5003
55 ILCS 5/2-5009  from Ch. 34, par. 2-5009

    Amends the Election Code. Provides that, in counties operating under the county executive form of government, the elected county board member designated by the elected members as the chair, speaker, or chief administrative official shall declare that a vacancy exists in an elected county office and then notification of the vacancy 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. Provides that the vacancy shall be filled within 60 days by appointment of the elected board member designated as the county board chair, speaker, or chief administrative official of the county board with the advice and consent of the county board. Amends the County Executive Form of Government Division of the Counties Code. Provides the county board may choose to designate from its elected members a chief administrative official, speaker, or board chair. Provides that vacancies occurring in the office of an elected member of the county board shall be made as provided in specified provisions of the Election Code.


LRB102 25273 AWJ 34546 b

 

 

A BILL FOR

 

HB4787LRB102 25273 AWJ 34546 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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. When a vacancy occurs in any elective county
8office, or in a county of less than 3,000,000 population in the
9office of clerk of the circuit court, in a county which is not
10a home rule unit, the county board or board of county
11commissioners shall declare that such vacancy exists and
12notification thereof shall be given to the county central
13committee or the appropriate county board or board of county
14commissioners district committee of each established political
15party within 3 days of the occurrence of the vacancy. The
16vacancy shall be filled within 60 days by appointment of the
17chair of the county board or board of county commissioners
18with the advice and consent of the county board or board of
19county commissioners. In counties operating under the county
20executive form of government, the elected county board member
21designated by the elected members as the chair, speaker, or
22chief administrative official shall declare that such vacancy
23exists and then notification of the vacancy shall be given to

 

 

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1the county central committee or the appropriate county board
2district committee of each established political party within
33 days of the occurrence of the vacancy; the vacancy shall be
4filled within 60 days by appointment of the elected board
5member designated as the county board chair, speaker, or chief
6administrative official of the county board with the advice
7and consent of the county board. In counties in which forest
8preserve district commissioners are elected by districts and
9are not also members of the county board, however, vacancies
10in the office of forest preserve district commissioner shall
11be filled within 60 days by appointment of the president of the
12forest preserve district board of commissioners with the
13advice and consent of the forest preserve district board of
14commissioners. In counties in which the forest preserve
15district president is not also a member of the county board,
16vacancies in the office of forest preserve district president
17shall be filled within 60 days by the forest preserve district
18board of commissioners by appointing one of the commissioners
19to serve as president. The appointee shall be a member of the
20same political party as the person he succeeds was at the time
21of his election and shall be otherwise eligible to serve. The
22appointee shall serve the remainder of the unexpired term.
23However, if more than 28 months remain in the term, the
24appointment shall be until the next general election at which
25time the vacated office shall be filled by election for the
26remainder of the term. In the case of a vacancy in a seat on a

 

 

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1county board or board of county commissioners which has been
2divided into districts under Section 2-3003 or 2-4006.5 of the
3Counties Code, the appointee must also be a resident of the
4county board or county commission district. If a county
5commissioner ceases to reside in the district that he or she
6represents, a vacancy in that office exists.
7    Except as otherwise provided by county ordinance or by
8law, in any county which is a home rule unit, vacancies in
9elective county offices, other than the office of chief
10executive officer, and vacancies in the office of clerk of the
11circuit court in a county of less than 3,000,000 population,
12shall be filled by the county board or board of county
13commissioners.
14(Source: P.A. 100-1027, eff. 1-1-19.)
 
15    Section 10. The Counties Code is amended by changing
16Sections 2-5003 and 2-5009 as follows:
 
17    (55 ILCS 5/2-5003)  (from Ch. 34, par. 2-5003)
18    Sec. 2-5003. Definitions. As used in this Division, unless
19the context requires otherwise:
20    (a) "County board" or "board" means the governing body of
21any county other than Cook County which has adopted the county
22executive form of government under this Division.
23    (b) "County executive" means the county official elected
24by the voters of any county other than Cook County to be the

 

 

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1chief executive officer to administer the county executive
2form of government under this Division.
3    (c) "County executive form of government" means that form
4of government in which the departments of county government
5are administered by a single county official called the county
6executive elected at large by the qualified voters of the
7county. The board shall act as the legislative body of the
8county under this form of county government and may choose to
9designate from its elected members a chief administrative
10official, speaker, or board chair.
11(Source: P.A. 86-926.)
 
12    (55 ILCS 5/2-5009)  (from Ch. 34, par. 2-5009)
13    Sec. 2-5009. Duties and powers of county executive. Any
14county executive elected under this Division shall:
15    (a) see that all of the orders, resolutions and
16regulations of the board are faithfully executed;
17    (b) coordinate and direct by executive order or otherwise
18all administrative and management functions of the county
19government except the offices of elected county officers;
20    (c) prepare and submit to the board for its approval the
21annual budget for the county required by Division 6-1 of this
22Code;
23    (d) appoint, with the advice and consent of the board,
24persons to serve on the various boards and commissions to
25which appointments are provided by law to be made by the board,

 

 

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1except that vacancies occurring in the office of an elected
2member of the county board shall be filled in accordance with
3Section 25-11 of the Election Code;
4    (e) appoint, with the advice and consent of the board,
5persons to serve on various special districts within the
6county except where appointment to serve on such districts is
7otherwise provided by law;
8    (f) make an annual report to the board on the affairs of
9the county, on such date and at such time as the board shall
10designate, and keep the board fully advised as to the
11financial condition of the county and its future financial
12needs;
13    (f-5) for a county executive of a county that has adopted
14the executive form of government on or before the effective
15date of this amendatory Act of the 96th General Assembly,
16appoint, with the advice and consent of the board, all
17department heads for any county departments;
18    (g) appoint, with the advice and consent of the board,
19such subordinate deputies, employees and appointees for the
20general administration of county affairs as considered
21necessary, except those deputies, employees and appointees in
22the office of an elected county officer; however, the advice
23and consent requirement set forth in this paragraph shall not
24apply to persons employed as a member of the immediate
25personal staff of a county executive of a county that has
26adopted the executive form of government on or before the

 

 

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

 

 

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1negotiate on behalf of the county with governmental units and
2the private sector for the purpose of promoting economic
3growth and development;
4    (p) at his discretion, appoint a person to serve as legal
5counsel at an annual salary established by the county board at
6an amount no greater than the annual salary of the state's
7attorney of the county;
8    (q) perform such other duties as shall be required of him
9by the board.
10(Source: P.A. 96-1540, eff. 3-7-11.)