Full Text of SB2289 103rd General Assembly
SB2289sam001 103RD GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 3/3/2023
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| 1 | | AMENDMENT TO SENATE BILL 2289
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2289 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Section 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 | 8 | | paragraph, when a vacancy occurs in any elective county | 9 | | office, or in a
county of less than 3,000,000 population in the | 10 | | office of clerk of the circuit
court, in a county which is not | 11 | | a home rule unit, the county board or board
of county | 12 | | commissioners shall declare that such vacancy exists and
| 13 | | notification thereof
shall be given to the county central | 14 | | committee or the appropriate county board
or board of county | 15 | | commissioners district committee of each established
political | 16 | | party within 3 days of the
occurrence of the vacancy. The |
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| 1 | | vacancy shall be filled
within 60 days by appointment of the | 2 | | chair of the county board
or board of county commissioners | 3 | | with the advice and consent of the county
board or board of | 4 | | county commissioners.
In a county In counties other than | 5 | | Champaign County operating under the county executive form of | 6 | | government under Division 2-5 of the Counties Code, when a | 7 | | vacancy occurs in an elected county office other than in the | 8 | | office of an elected member of the county board, the county | 9 | | executive shall declare that such vacancy exists and then | 10 | | notification of the vacancy shall be given to the county | 11 | | central committee of each established political party within 3 | 12 | | days of the occurrence of the vacancy, and the vacancy shall be | 13 | | filled within 60 days by appointment of the county executive | 14 | | with the advice and consent of the county board. However, when | 15 | | a vacancy occurs in the office of an elected member of the | 16 | | county board in a county other than Champaign County that is | 17 | | operating under the county executive form of government under | 18 | | Division 2-5 of the Counties Code, the elected county board | 19 | | speaker or county board chair, as the case may be, shall | 20 | | declare that such vacancy exists and then notification shall | 21 | | be given to the appropriate county board district committee of | 22 | | each established political party within 3 days of the | 23 | | occurrence of the vacancy, and the vacancy shall be filled | 24 | | within 60 days by appointment of the elected county board | 25 | | speaker or county board chair, as the case may be, with the | 26 | | advice and consent of the county board. In Champaign County |
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| 1 | | while operating under the county executive form of government | 2 | | under Division 2-5 of the Counties Code, when a vacancy occurs | 3 | | in an elected county office or in the office of an elected | 4 | | member of the county board, the elected county board speaker | 5 | | or county board chair, as the case may be, shall declare that | 6 | | such vacancy exists and then notification shall be given to | 7 | | the county central committee or the appropriate county board | 8 | | district committee of each established political party within | 9 | | 3 days of the occurrence of the vacancy; and the vacancy shall | 10 | | be filled within 60 days by appointment of the elected county | 11 | | board speaker or county board chair, as the case may be, with | 12 | | the advice and consent of the county board. In counties in | 13 | | which forest preserve district commissioners are
elected by | 14 | | districts and are not also members of the county board, | 15 | | however,
vacancies in the office of forest preserve district | 16 | | commissioner shall be
filled within 60 days by appointment of | 17 | | the president of the forest preserve
district board of | 18 | | commissioners with the advice and consent of the forest
| 19 | | preserve district board of commissioners. In counties in which | 20 | | the forest
preserve district president is not also a member of | 21 | | the county board, vacancies
in
the office of forest preserve | 22 | | district president shall be filled within 60 days
by the | 23 | | forest preserve district board of commissioners by appointing | 24 | | one of the
commissioners to serve as president.
The appointee
| 25 | | shall be a member of the same political party as the person he
| 26 | | succeeds was at the time of his election and shall be otherwise
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| 1 | | eligible to serve.
The appointee shall serve the remainder of | 2 | | the unexpired term. However, if
more than 28 months remain in | 3 | | the term, the appointment shall be until the
next general | 4 | | election at which time the vacated office shall be
filled by | 5 | | election for the remainder of the term. In the
case of a | 6 | | vacancy in a seat on a county board or board of county
| 7 | | commissioners which
has been divided into districts under | 8 | | Section 2-3003 or 2-4006.5 of
the Counties Code, the appointee | 9 | | must also be a resident of the
county board or county | 10 | | commission district.
If a county commissioner ceases to reside | 11 | | in the district that he or
she represents, a vacancy in that | 12 | | office exists.
| 13 | | Except as otherwise provided by county ordinance or by | 14 | | law, in
any county which is a home rule unit, vacancies in | 15 | | elective
county offices, other than the office of chief | 16 | | executive officer,
and vacancies in the office of clerk of the | 17 | | circuit court in a county of
less than 3,000,000 population, | 18 | | shall be filled
by the county board or board of county | 19 | | commissioners. | 20 | | For any vacancy in any elective office filled under this | 21 | | Section, the appointee shall be a member of the same political | 22 | | party as the person he or she succeeds was at the time of his | 23 | | or her election and shall be otherwise eligible to serve.
| 24 | | (Source: P.A. 102-1120, eff. 1-23-23.)
| 25 | | Section 10. The Counties Code is amended by changing |
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| 1 | | Section 2-5009 as follows:
| 2 | | (55 ILCS 5/2-5009) (from Ch. 34, par. 2-5009)
| 3 | | Sec. 2-5009. Duties and powers of county executive. Any | 4 | | county executive elected under this Division shall:
| 5 | | (a) see that all of the orders, resolutions and | 6 | | regulations of the board
are faithfully executed;
| 7 | | (b) coordinate and direct by executive order or otherwise | 8 | | all
administrative and management functions of the county | 9 | | government except the
offices of elected county officers;
| 10 | | (b-5) control the internal operations of the county | 11 | | executive's office and procure the necessary equipment, | 12 | | materials, and services to perform the duties of that office; | 13 | | (c) prepare and submit to the board for its approval the | 14 | | annual budget
for the county required by Division 6-1 of this | 15 | | Code;
| 16 | | (d) appoint, with the advice and consent of the board, | 17 | | persons to serve
on the various boards and commissions to | 18 | | which appointments are provided by
law to be made by the board;
| 19 | | (d-5) make appointments to fill vacancies occurring in the | 20 | | office of an elected county officer other than the office of an | 21 | | elected member of the county board in accordance with Section | 22 | | 25-11 of the Election Code in counties, other than Champaign | 23 | | County, operating under the county executive form of | 24 | | government under this Division; | 25 | | (e) appoint, with the advice and consent of the board, |
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| 1 | | persons to serve
on various special districts within the | 2 | | county except where appointment to
serve on such districts is | 3 | | otherwise provided by law;
| 4 | | (e-5) except as otherwise provided by law, remove or | 5 | | suspend, in the county executive's discretion and after notice | 6 | | and hearing, anyone whom the county executive has the power to | 7 | | appoint under subsection (d) or (e); | 8 | | (f) make an annual report to the board on the affairs of | 9 | | the county, on
such date and at such time as the board shall | 10 | | designate, and keep the board
fully advised as to the | 11 | | financial condition of the county and its future
financial | 12 | | needs;
| 13 | | (f-5) appoint, with the advice and consent of the board, | 14 | | all department heads for any county departments; | 15 | | (g) hire such subordinate
deputies, employees and | 16 | | appointees for the general administration of county
affairs as | 17 | | considered necessary, except those deputies, employees and
| 18 | | appointees in the office of an elected county officer or | 19 | | county board member;
| 20 | | (h) except as otherwise provided by law, remove or | 21 | | suspend, in the discretion of the county executive, department | 22 | | heads for a county department and
anyone whom the county | 23 | | executive has the power to hire under subsection (g);
| 24 | | (i) require reports and examine accounts, records and | 25 | | operations of all
county administrative units;
| 26 | | (j) supervise the care and custody of all county property |
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| 1 | | including
institutions and agencies;
| 2 | | (k) approve or veto ordinances or resolutions pursuant to | 3 | | Section
2-5010;
| 4 | | (l) preside over board meetings; however, the county | 5 | | executive
is not entitled to vote except to break a tie vote;
| 6 | | (l-5) for a county executive of a county that has adopted | 7 | | the executive form of government on or before the effective | 8 | | date of this amendatory Act of the 96th General Assembly, if | 9 | | the County Executive is temporarily not available to preside | 10 | | over a board meeting, the County Executive shall designate a | 11 | | board member to preside over the board meeting; | 12 | | (m) call a special meeting of the county board, by a | 13 | | written
executive order signed by the county executive and | 14 | | upon 24 hours notice by delivery of a
copy of such order to the | 15 | | residence of each board member;
| 16 | | (n) with the advice and consent of the county board, enter | 17 | | into
intergovernmental agreements with other governmental | 18 | | units;
| 19 | | (o) with the advice and consent of the county board, | 20 | | negotiate on
behalf of the county with governmental units and | 21 | | the private sector for the
purpose of promoting economic | 22 | | growth and development;
| 23 | | (p) at the discretion of the county executive, appoint a | 24 | | person to serve as legal counsel at
an annual salary no greater
| 25 | | than the annual salary of the state's attorney of the county;
| 26 | | (q) perform such other duties as shall be required of the |
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| 1 | | county executive by the board.
| 2 | | (Source: P.A. 102-1120, eff. 1-23-23.)".
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