Illinois General Assembly - Full Text of HB3596
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Full Text of HB3596  101st General Assembly


Rep. Sam Yingling

Filed: 4/9/2019





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2    AMENDMENT NO. ______. Amend House Bill 3596, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Property Tax Code is amended by changing
6Section 3-5 as follows:
7    (35 ILCS 200/3-5)
8    Sec. 3-5. Supervisor of assessments. In counties with less
9than 3,000,000 inhabitants and in which no county assessor has
10been elected under Section 3-45, there shall be a county
11supervisor of assessments, either appointed as provided in this
12Section, or elected.
13    In counties with less than 3,000,000 inhabitants and not
14having an elected county assessor or an elected supervisor of
15assessments, the office of supervisor of assessments shall be
16filled by appointment by the presiding officer of the county



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1board with the advice and consent of the county board.
2    To be eligible for appointment or to be eligible to file
3nomination papers or participate as a candidate in any primary
4or general election for, or be elected to, the office of
5supervisor of assessments, or to enter upon the duties of the
6office, a person must possess one of the following
7qualifications as certified by the individual to the county
9        (1) A Certified Illinois Assessing Official
10    certificate from the Illinois Property Assessment
11    Institute, plus the additional training required for
12    additional compensation under Section 4-10.
13        (2) A Certified Assessment Evaluator certificate from
14    the International Association of Assessing Officers.
15        (3) A Member of the Appraisal Institute (MAI),
16    Residential Member (RM), Senior Real Estate Analyst
17    (SREA), Senior Real Property Analyst (SRPA) or Senior
18    Residential Analyst (SRA) certificate from the Appraisal
19    Institute or its predecessor organizations.
20        (4) If the person has served as a supervisor of
21    assessments for 12 years or more, a Certified Illinois
22    Assessing Official certificate from the Illinois Property
23    Assessment Institute with a minimum of 360 additional hours
24    of successfully completed courses approved by the
25    Department if at least 180 of the course hours required a
26    written examination.



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1    In addition, a person must have had at least 2 years'
2experience in the field of property sales, assessments, finance
3or appraisals and must have passed an examination conducted by
4the Department to determine his or her competence to hold the
5office. The examination may be conducted by the Department at a
6convenient location in the county or region. Notice of the time
7and place shall be given by publication in a newspaper of
8general circulation in the counties, at least one week prior to
9the exam. The Department shall certify to the county board a
10list of the names and scores of persons who pass the
11examination. The Department may provide by rule the maximum
12time that the name of a person who has passed the examination
13will be included on a list of persons eligible for appointment
14or election. The term of office shall be 4 years from the date
15of appointment and until a successor is appointed and
17    Notwithstanding any other provision of law, in a county
18with a population of more than 500,000 that does not have an
19elected county board chairman or executive and has an appointed
20supervisor of assessments, the office of supervisor of
21assessments shall be an elected position beginning with the
22general election held in 2020 and shall take office January 1,
232021. The supervisor of assessments serving on the date of the
24election shall continue to serve until his or her successor is
25elected and qualified.
26(Source: P.A. 92-667, eff. 7-16-02.)



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1    Section 10. The Counties Code is amended by changing
2Sections 2-1003, 2-5009, and 3-4004 and by adding Sections
31-6003.5 and 6-31013 and Division 5-45 as follows:
4    (55 ILCS 5/1-6003.5 new)
5    Sec. 1-6003.5. Legal representation for county board or
6elected official.
7    (a) The chairperson of the county board may appoint, with
8the advice and consent of the county board, an outside attorney
9to serve as legal counsel to the county board. The chairperson
10may choose the State's Attorney as legal counsel.
11    (b) A countywide elected official may select an outside
12attorney to serve as legal counsel to the countywide elected
13official. The countywide elected official may choose the
14State's Attorney as legal counsel.
15    (c) The county board chairperson, by written order filed
16with the county clerk, may discontinue the appointment of the
17outside counsel appointed under subsection (a) of this Section.
18After discontinuance, no outside counsel filling the office
19before the discontinuance shall have any claim against the
20county for compensation alleged to accrue after the date of
22    (d) Vacancies for outside counsel may be filled in the same
23manner as appointments are made under subsection (a) or (b).
24    (e) The duty of a State's Attorney to be legal counsel



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1under this Section is in addition to the duties of the State's
2Attorney under Division 3-9.
3    (55 ILCS 5/2-1003)  (from Ch. 34, par. 2-1003)
4    Sec. 2-1003. Chairman and vice-chairman of county board.
5The county board shall, unless the chairman is elected by the
6voters of the county, at its first meeting in the month
7following the month in which county board members are elected,
8choose one of its members as chairman for a term of 2 years and
9at the same meeting, choose one of its members as vice-chairman
10for a term of 2 years. The chairman and vice-chairman shall be
11elected by a majority of those elected to the board. The
12vice-chairman shall serve in the place of the chairman at any
13meeting of the county board in which the chairman is not
14present. In case of the absence of the chairman and the
15vice-chairman at any meeting, the members present shall choose
16one of their number as temporary chairman. If the position of
17chairman becomes vacant, the vice-chairman shall serve as
18chairman until a new chairman is elected to fill the remainder
19of the former chairman's term.
20    A chairman who is elected by the county board may be
21removed, for cause or without cause, upon a motion adopted by
22an affirmative vote of four-fifths of the county board. Upon
23adoption of a motion to remove the chairman: (i) the position
24of chairman becomes vacant and the former chairman's
25compensation shall be prorated to the date the motion was



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1approved; (ii) the vice-chairman immediately assumes the
2duties of chairman without additional compensation; and (iii) a
3new chairman shall be elected at the next regularly scheduled
4county board meeting. A chairman removed under this Section
5maintains his or her status as a member of the county board.
6(Source: P.A. 86-962.)
7    (55 ILCS 5/2-5009)  (from Ch. 34, par. 2-5009)
8    Sec. 2-5009. Duties and powers of county executive. Any
9county executive elected under this Division shall:
10    (a) see that all of the orders, resolutions and regulations
11of the board are faithfully executed;
12    (b) coordinate and direct by executive order or otherwise
13all administrative and management functions of the county
14government except the offices of elected county officers;
15    (c) prepare and submit to the board for its approval the
16annual budget for the county required by Division 6-1 of this
18    (d) appoint, with the advice and consent of the board,
19persons to serve on the various boards and commissions to which
20appointments are provided by law to be made by the board;
21    (e) appoint, with the advice and consent of the board,
22persons to serve on various special districts within the county
23except where appointment to serve on such districts is
24otherwise provided by law;
25    (f) make an annual report to the board on the affairs of



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1the county, on such date and at such time as the board shall
2designate, and keep the board fully advised as to the financial
3condition of the county and its future financial needs;
4    (f-5) for a county executive of a county that has adopted
5the executive form of government on or before the effective
6date of this amendatory Act of the 96th General Assembly,
7appoint, with the advice and consent of the board, all
8department heads for any county departments;
9    (g) appoint, with the advice and consent of the board, such
10subordinate deputies, employees and appointees for the general
11administration of county affairs as considered necessary,
12except those deputies, employees and appointees in the office
13of an elected county officer; however, the advice and consent
14requirement set forth in this paragraph shall not apply to: (1)
15persons employed as a member of the immediate personal staff of
16a county executive of a county that has adopted the executive
17form of government on or before the effective date of this
18amendatory Act of the 96th General Assembly, or (2) persons
19appointed by the county executive after the approval of an
20annual budget within the fiscal year of the approved annual
22    (h) remove or suspend in his discretion, after due notice
23and hearing, anyone whom he has the power to appoint;
24    (i) require reports and examine accounts, records and
25operations of all county administrative units;
26    (j) supervise the care and custody of all county property



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1including institutions and agencies;
2    (k) approve or veto ordinances or resolutions pursuant to
3Section 2-5010;
4    (l) preside over board meetings; however, the county
5executive is not entitled to vote except to break a tie vote;
6    (l-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, if
9the County Executive is temporarily not available to preside
10over a board meeting, the County Executive shall designate a
11board member to preside over the board meeting;
12    (m) call a special meeting of the county board, by a
13written executive order signed by him and upon 24 hours notice
14by delivery of a copy of such order to the residence of each
15board member;
16    (n) with the advice and consent of the county board, enter
17into intergovernmental agreements with other governmental
19    (o) with the advice and consent of the county board,
20negotiate on behalf of the county with governmental units and
21the private sector for the purpose of promoting economic growth
22and development;
23    (p) at his discretion, appoint a person to serve as legal
24counsel at an annual salary established by the county board at
25an amount no greater than the annual salary of the state's
26attorney of the county;



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1    (q) perform such other duties as shall be required of him
2by the board.
3(Source: P.A. 96-1540, eff. 3-7-11.)
4    (55 ILCS 5/3-4004)  (from Ch. 34, par. 3-4004)
5    Sec. 3-4004. Appointment of Public Defender in counties
6under 1,000,000.
7    (a) In counties with a population under 700,000, As soon as
8may be after this Division becomes applicable to a county with
9a population under 1,000,000, the judges of the Circuit Court
10of the circuit in which the county is located shall, by a
11majority vote of the entire number of those judges, appoint to
12the office of Public Defender a properly qualified person, who
13shall hold office, his or her death or resignation not
14intervening, at the pleasure of the judges competent to
15appoint. Whenever a vacancy occurs in the office it shall be
16filled in the same manner, and the person appointed to fill the
17vacancy shall have the same tenure of office.
18    (b) In counties with a population of at least 700,000 but
19less than 1,000,000, the procedure for appointing a Public
20Defender in subsection (a) applies unless the county board, by
21resolution, allows the chairperson of the county board to
22appoint a qualified person to the office of Public Defender
23when a vacancy occurs. If the county board approves a
24resolution for the Public Defender to be appointed by the
25chairperson, the chairperson shall appoint the Public Defender



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1with the advice and consent of the county board.
2(Source: P.A. 86-962; 87-111.)
3    (55 ILCS 5/6-31013 new)
4    Sec. 6-31013. Transitional audits.
5    (a) A county board must notify newly elected countywide
6officials of the option for an auditor to conduct a
7transitional audit at the county's expense. An elected county
8auditor shall conduct the audit upon a request of the newly
9elected countywide official. In a county that does not have an
10elected county auditor, the newly elected countywide official
11may hire a qualified auditing firm. The county board shall pay
12all costs associated with an audit. The transitional audit
13shall examine funds expended by the official for whom the newly
14elected official is taking over and report if the expended
15funds were consistent with the county board's financial
16allocations to that official.
17    (b) A county board shall give the option for a transitional
18financial audit to all county officials elected in or after
19November 2016.
20    (c) A home rule county shall not regulate transitional
21audits in a manner inconsistent with this Section. This Section
22is a limitation under subsection (i) of Section 6 of Article
23VII of the Illinois Constitution on the concurrent exercise by
24home rule units of powers and functions exercised by the State.



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1    (55 ILCS 5/Div. 5-45 heading new)
Division 5-45. Non-Home Rule County Boards

3    (55 ILCS 5/5-45001 new)
4    Sec. 5-45001. Applicability; conflict with other laws.
5This Division applies to non-home rule counties. If there is a
6conflict between the provisions of this Division and any other
7provision of law as the provisions relate to non-home rule
8counties, the provisions of this Division control.
9    (55 ILCS 5/5-45005 new)
10    Sec. 5-45005. County board chairperson; employees. In a
11county with a county board chairperson who is unable alone to
12perform all duties of the office, he or she may appoint
13employees required for operation of the office. The county
14board shall provide funding for employees necessary to assist
15the chairperson in the fulfillment of his or her duties. The
16board may not reclassify employees in the chairperson's office
17or transfer employees out of the chairperson's office without
18the chairperson's permission.
19    (55 ILCS 5/5-45010 new)
20    Sec. 5-45010. Elimination of advisory committees or
21commissions. The county board chairperson may eliminate
22advisory or ad hoc committees or commissions for any of the
23following reasons or other good cause the chairperson may find:



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1(1) infrequency of committee or commission meetings; or (2)
2lack of qualified candidates willing to serve on a committee or
4    (55 ILCS 5/5-45015 new)
5    Sec. 5-45015. Creation of standing committees by chairman;
6appointment of members. With the advice and consent of a
7majority of the county board, the county board chairman may:
8(1) create standing committees; and (2) appoint members and
9chairpersons to standing committees.
10    (55 ILCS 5/5-45020 new)
11    Sec. 5-45020. Meeting agendas. The county board
12chairperson, or his or her designee, shall set the agendas for
13all county board meetings.
14    (55 ILCS 5/5-45025 new)
15    Sec. 5-45025. Appointment of county administrator.
16    (a) The county board chairperson, with the advice and
17consent of the county board, may appoint a county
18administrator. The county board chairperson may remove the
19county administrator. After removal, no county administrator
20filling the office before his or her removal shall have any
21claim against the county for compensation alleged to accrue
22after the date of discontinuance. The county board chairperson
23shall be chief operating officer of the county. The county



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1administrator shall perform duties at the direction of the
3    (b) Vacancies for an appointed county administrator may be
4filled in the same manner as appointments are made under
5subsection (a).
6    (c) If an appointed county administrator ceases to perform
7the duties of or to hold the office by reason of removal,
8resignation, death, permanent physical or mental disability,
9conviction of a disqualifying crime, dismissal, retirement, or
10abandonment of office, the county board chairperson may appoint
11a temporary successor to the office until that time a permanent
12county administrator is approved in the manner provided for
13under subsection (a).
14    (55 ILCS 5/5-45030 new)
15    Sec. 5-45030. Reduction of county board chairperson's
16powers. A three-fifths vote of the county board is required to
17reduce the chairperson's powers set forth in the county board
18rules or granted by resolution. The board may not reduce any
19powers of the chairperson given to the chairperson in this
21    (55 ILCS 5/5-45035 new)
22    Sec. 5-45035. Contracts for goods and services valued at
23more than $30,000.
24    (a) Vendors wishing to contract with a county for goods and



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1services in an amount greater than $30,000 shall disclose to
2the county prior to a county board's vote on the contract any
3familial relationship between a county elected official,
4department director, deputy director and a manager, owner,
5principal, or officer of the vendor's company. "Familial
6relationship" means a spouse (including civil partner), child,
7stepchild, parent, stepparent, grandparent, in-laws (including
8parent, grandparent, sibling, or child), relatives and
9non-relatives living in the same residence, and offspring born
10to any previously-mentioned person.
11    (b) If a vendor wishing to contract has a familial
12relationship disclosed under subsection (a), then the contract
13can only be approved or renewed by roll call vote and not on a
14consent agenda. The vote to approve or renew the contract must
15be preceded by a recitation by the chairperson, which includes
16the name of the elected official or employee and the nature of
17the familial relationship being disclosed.
18    (c) A contract subject to this Section which is not
19approved as provided in this Section is void.
20    (55 ILCS 5/5-45040 new)
21    Sec. 5-45040. Reduction or diversion of funds. The county
22chairperson has authority to reduce or divert moneys from a
23county fund with assets exceeding 150% of the previous year's
24expenditures from that fund. Any moneys removed or diverted
25from a fund shall proportionately be distributed to taxpayers



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1in the form of an abatement as provided for in Section 18-165
2of the Property Tax Code. Infrastructure funds are exempt from
3reduction or diversion under this Section.
4    (55 ILCS 5/5-45045 new)
5    Sec. 5-45045. Attendance; quorum. Notwithstanding any
6provision in the Open Meetings Act, each county board meeting
7must have a quorum of board members physically present, but, if
8there is a quorum of board members physically present, then
9other board members are permitted to attend county board
10meetings remotely by telephone or video conferencing due to an
11excused absence, such as military service, health, or business
12obligations. The county board chairperson determines what
13constitutes an excused absence.
14    (55 ILCS 5/5-45050 new)
15    Sec. 5-45050. County inspector general. The county board
16may appoint an inspector general to investigate waste, fraud,
17and abuse, and other fiscal misconduct. The inspector general
18may turn over any findings of waste, fraud, and abuse, and
19other fiscal misconduct to the State's Attorney for
21    (55 ILCS 5/5-45055 new)
22    Sec. 5-45055. Employees of countywide elected officials. A
23countywide elected official is responsible for all employment



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1decisions within his or her respective office.
2    Section 15. The Downstate Forest Preserve District Act is
3amended by changing Section 8 as follows:
4    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)
5    Sec. 8. Powers and duties of corporate authority and
6officers; contracts; salaries.
7    (a) The board shall be the corporate authority of such
8forest preserve district and shall have power to pass and
9enforce all necessary ordinances, rules and regulations for the
10management of the property and conduct of the business of such
11district. The president of such board shall have power to
12appoint such employees as may be necessary. In counties with
13population of less than 3,000,000, within 60 days after their
14selection the commissioners appointed under the provisions of
15Section 3a of this Act shall organize by selecting from their
16members a president, secretary, treasurer and such other
17officers as are deemed necessary who shall hold office for the
18fiscal year in which elected and until their successors are
19selected and qualify. In the one district in existence on July
201, 1977, that is managed by an appointed board of
21commissioners, the incumbent president and the other officers
22appointed in the manner as originally prescribed in this Act
23shall hold such offices until the completion of their
24respective terms or in the case of the officers other than



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1president until their successors are appointed by said
2president, but in all cases not to extend beyond January 1,
31980 and until their successors are selected and qualify.
4Thereafter, the officers shall be selected in the manner as
5prescribed in this Section except that their first term of
6office shall not expire until June 30, 1981 and until their
7successors are selected and qualify.
8    (a-5) An officer selected under subsection (a) may be
9removed, for cause or without cause, upon a motion adopted by
10an affirmative vote of four-fifths of the board of the forest
11preserve district. Upon adoption of a motion to remove an
12officer: (i) the office becomes vacant and the former officer's
13compensation shall be prorated to the date the motion was
14approved; (ii) if the officer removed is the president then the
15vice president immediately assumes the duties of the president
16without additional compensation and if the officer removed is
17the treasurer or the secretary then the president shall select
18an interim appointee who shall serve until the next regularly
19scheduled forest preserve district board meeting; and (iii) a
20new officer shall be selected to fill the remainder of the
21former officer's term at the next regularly scheduled forest
22preserve district board meeting. An officer removed under this
23Section maintains his or her status as a member of the forest
24preserve district board.
25    (b) In any county, city, village, incorporated town or
26sanitary district where the corporate authorities act as the



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1governing body of a forest preserve district, the person
2exercising the powers of the president of the board shall have
3power to appoint a secretary and an assistant secretary and
4treasurer and an assistant treasurer and such other officers
5and such employees as may be necessary. The assistant secretary
6and assistant treasurer shall perform the duties of the
7secretary and treasurer, respectively in case of death of such
8officers or when such officers are unable to perform the duties
9of their respective offices. All contracts for supplies,
10material or work involving an expenditure in excess of $25,000,
11or a lower amount if required by board policy, shall be let to
12the lowest responsible bidder, after advertising at least once
13in one or more newspapers of general circulation within the
14district, excepting work requiring personal confidence or
15necessary supplies under the control of monopolies, where
16competitive bidding is impossible. Contracts for supplies,
17material or work involving an expenditure of $25,000, or a
18lower amount if required by board policy, or less may be let
19without advertising for bids, but whenever practicable, at
20least 3 competitive bids shall be obtained before letting such
21contract. All contracts for supplies, material or work shall be
22signed by the president of the board of commissioners or by any
23such other officer as the board in its discretion may
25    (c) The president of any board of commissioners appointed
26under the provisions of Section 3a of this Act shall receive a



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1salary not to exceed the sum of $2500 per annum and the salary
2of other members of the board so appointed shall not exceed
3$1500 per annum. Salaries of the commissioners, officers and
4employees shall be fixed by ordinance.
5    (d) Whenever a forest preserve district owns any personal
6property that, in the opinion of three-fifths of the members of
7the board of commissioners, is no longer necessary, useful to,
8or for the best interests of the forest preserve district, then
9three-fifths of the members of the board, at any regular
10meeting or any special meeting called for that purpose by an
11ordinance or resolution that includes a general description of
12the personal property, may authorize the conveyance or sale of
13that personal property in any manner that they may designate,
14with or without advertising the sale.
15(Source: P.A. 98-463, eff. 8-16-13; 99-771, eff. 8-12-16.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".