Full Text of HB5727 96th General Assembly
HB5727sam001 96TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 1/5/2011
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| 1 | | AMENDMENT TO HOUSE BILL 5727
| 2 | | AMENDMENT NO. ______. Amend House Bill 5727 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Sections 2-3003, 2-3004, 2-5009, and 2-5011 as follows:
| 6 | | (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
| 7 | | Sec. 2-3003. Apportionment plan.
| 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:
| 14 | | a. Shall be equal in population to each other district;
| 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.
| 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.
| 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.
| 3 | | (Source: P.A. 93-308, eff. 7-23-03.)
| 4 | | (55 ILCS 5/2-3004) (from Ch. 34, par. 2-3004)
| 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
| 13 | | must vote affirmatively on any determination made by the | 14 | | commission. The
commission shall adopt rules for its procedure.
| 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
| 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.
| 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.
| 3 | | (Source: P.A. 86-962.)
| 4 | | (55 ILCS 5/2-5009) (from Ch. 34, par. 2-5009)
| 5 | | Sec. 2-5009. Duties and powers of county executive. Any | 6 | | county executive elected under this Division shall:
| 7 | | (a) see that all of the orders, resolutions and regulations | 8 | | of the board
are faithfully executed;
| 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;
| 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;
| 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;
| 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;
| 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 ;
| 16 | | (h) remove or suspend in his discretion, after due notice | 17 | | and hearing,
anyone whom he has the power to appoint;
| 18 | | (i) require reports and examine accounts, records and | 19 | | operations of all
county administrative units;
| 20 | | (j) supervise the care and custody of all county property | 21 | | including
institutions and agencies;
| 22 | | (k) approve or veto ordinances or resolutions pursuant to | 23 | | Section
2-5010;
| 24 | | (l) preside over board meetings; however, the county | 25 | | executive
is not entitled to vote except to break a tie vote;
| 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;
| 10 | | (n) with the advice and consent of the county board, enter | 11 | | into
intergovernmental agreements with other governmental | 12 | | units;
| 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;
| 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;
| 21 | | (q) perform such other duties as shall be required of him | 22 | | by the board.
| 23 | | (Source: P.A. 86-962.)
| 24 | | (55 ILCS 5/2-5011) (from Ch. 34, par. 2-5011)
| 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.
| 6 | | (Source: P.A. 86-962.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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