Full Text of SB3349 96th General Assembly
SB3349 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3349
Introduced 2/10/2010, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/2-1006 |
from Ch. 34, par. 2-1006 |
55 ILCS 5/2-4004 |
from Ch. 34, par. 2-4004 |
55 ILCS 5/2-5010 |
from Ch. 34, par. 2-5010 |
55 ILCS 5/5-1036 |
from Ch. 34, par. 5-1036 |
55 ILCS 5/6-1001 |
from Ch. 34, par. 6-1001 |
55 ILCS 5/6-1003 |
from Ch. 34, par. 6-1003 |
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Amends the Counties Code. In provisions concerning the voting requirements of county boards, provides that votes shall be taken by a vote of aye, nay, or "present" and entered upon the record of the county board meeting.
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A BILL FOR
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SB3349 |
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LRB096 20099 RLJ 35624 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing | 5 |
| Sections 2-1006, 2-4004, 2-5010, 5-1036, 6-1001, and 6-1003 as | 6 |
| follows:
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| (55 ILCS 5/2-1006) (from Ch. 34, par. 2-1006)
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| Sec. 2-1006. Open meetings. The county board shall sit with
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| open doors, and all persons may attend their meetings. The vote | 10 |
| on all
propositions to appropriate money from the county | 11 |
| treasury shall be taken
by a vote of "aye", "nay", or "present" | 12 |
| "ayes" and "nays" and entered on the record of the meeting.
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| (Source: P.A. 86-962.)
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| (55 ILCS 5/2-4004) (from Ch. 34, par. 2-4004)
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| Sec. 2-4004. Conduct of meetings. A majority of the members | 16 |
| of said
board shall constitute a quorum to do business, and, in | 17 |
| the absence of the
chairman, a chairman pro tem may be | 18 |
| appointed. The board shall sit with
open doors, and all persons | 19 |
| may attend their meetings. The vote on all
propositions to | 20 |
| appropriate money from the county treasury shall be taken
by a | 21 |
| vote of "aye", "nay", or "present" "ayes" and "nays" and | 22 |
| entered on the record of the meeting.
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SB3349 |
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LRB096 20099 RLJ 35624 b |
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| (Source: P.A. 86-962.)
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| (55 ILCS 5/2-5010) (from Ch. 34, par. 2-5010)
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| Sec. 2-5010. Approval of ordinances. Any ordinance passed, | 4 |
| adopted or
otherwise enacted by the board shall before it | 5 |
| becomes effective be
presented to the county executive. If the | 6 |
| county executive approves such
ordinance, resolution or | 7 |
| motion, he or she shall sign it; if not, he or she shall return
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| it to the board with his or her objections, which shall be | 9 |
| entered and spread upon
the journal, and the board shall | 10 |
| proceed to reconsider the matter. If after
such reconsideration | 11 |
| 3/5 of the members of the board pass such ordinance,
it shall | 12 |
| become effective on the date prescribed but not earlier than | 13 |
| the
date of passage following reconsideration. In all such | 14 |
| cases the votes of
the members of the board shall be determined | 15 |
| by a vote of "aye", "nay", or "present" ayes and nays and the | 16 |
| names
of the members voting present or for or against such | 17 |
| ordinance objected to by the
county executive shall be entered | 18 |
| and spread upon the journal. If any
ordinance is not returned | 19 |
| by the county executive to the board at its first
meeting | 20 |
| occurring not less than 6 days, Sundays excepted, after it has | 21 |
| been
presented to him or her , it shall become effective unless | 22 |
| the board has recessed
or adjourned for a period in excess of | 23 |
| 60 days, in which case it shall not
become effective without | 24 |
| his or her approval. Items of appropriation may be
approved or | 25 |
| vetoed by the county executive. Any item approved by the county
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SB3349 |
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LRB096 20099 RLJ 35624 b |
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| executive and all items not vetoed shall become law, and any | 2 |
| item vetoed
shall be returned to and reconsidered by the board | 3 |
| in the same manner as
provided in this Section for other | 4 |
| ordinances returned to the board without
approval.
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| (Source: P.A. 86-962.)
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| (55 ILCS 5/5-1036) (from Ch. 34, par. 5-1036)
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| Sec. 5-1036. Vacation of town plats. A county board may
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| authorize the vacation of any town plat when the same is not
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| within any incorporated town, village or city, on the petition | 10 |
| of
two-thirds of the owners thereof: Provided, that any such | 11 |
| order of vacation
shall be passed by the affirmative vote of at | 12 |
| least two-thirds of the
members of the county board, the vote | 13 |
| to be taken by a vote of "aye", "nay", or "present" ayes and | 14 |
| nays and
entered on the records of the county board. The county | 15 |
| board, in behalf of
the county, may in such case contract for | 16 |
| and receive from the owner or
owners of property abutting upon | 17 |
| a street or alley, or part thereof, so
vacated, compensation in | 18 |
| an amount which, in the judgment of the county
board, shall be | 19 |
| equal to the benefits which will accrue to the owner or
owners | 20 |
| of the abutting property by reason of the vacation. The | 21 |
| validity of
any vacation shall not be questioned by reason of | 22 |
| the payment of any such
compensation, nor by reason of benefits | 23 |
| specially accruing therefrom to the
owner or owners of abutting | 24 |
| property. The determination of the county board
of the nature | 25 |
| and extent of the public use or public interest to be
subserved |
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SB3349 |
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LRB096 20099 RLJ 35624 b |
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| is such as to warrant the vacation of the street or alley or | 2 |
| part
thereof, so vacated, shall be final and conclusive, and | 3 |
| the passage of such
order shall be sufficient evidence of the | 4 |
| determination, whether so recited
in the order or not. The | 5 |
| relief to the public from further burden and
responsibility of | 6 |
| maintaining the street or alley, or part thereof, so
vacated | 7 |
| shall constitute a public use or public interest authorizing | 8 |
| the
vacation. When property is damaged by the vacation or | 9 |
| closing of any street
or alley, the same shall be ascertained | 10 |
| and paid as provided by law.
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| (Source: P.A. 86-962.)
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| (55 ILCS 5/6-1001) (from Ch. 34, par. 6-1001)
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| Sec. 6-1001. Annual budget. In all counties not required by | 14 |
| law
to pass an annual appropriation bill within the first | 15 |
| quarter of the fiscal
year, the county board or board of county | 16 |
| commissioners, as the case may
be, shall adopt each year an | 17 |
| annual budget under the terms of this Division
for the | 18 |
| succeeding fiscal year. Such budget shall be prepared by some
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| person or persons designated by the county board and such | 20 |
| budget shall be
made conveniently available to public | 21 |
| inspection for at least fifteen days
prior to final action | 22 |
| thereon. The vote on such budget shall be taken by
a vote of | 23 |
| "aye", "nay", or "present" ayes and nays and entered on the | 24 |
| record of the meeting. The annual budget
adopted under this Act | 25 |
| shall cover such a fiscal period of one year to be
determined |
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SB3349 |
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LRB096 20099 RLJ 35624 b |
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| by the county board of each county except as hereinafter
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| provided and all appropriations made therein shall terminate | 3 |
| with the close
of said fiscal period except as hereinafter | 4 |
| provided, provided, however,
that any remaining balances shall | 5 |
| be available until 30 days after the
close of the fiscal year | 6 |
| in counties with a population of less
than
100,000, and until | 7 |
| 90 days after the close of the fiscal year in
counties
with a | 8 |
| population of more than 100,000 but less than 3,000,000 | 9 |
| inhabitants,
only for the authorization of the payment of
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| obligations incurred prior to the close of said fiscal period. | 11 |
| Any county
which determines to change its fiscal year may adopt | 12 |
| a budget to cover such
period greater or less than a year as | 13 |
| may be necessary to effect such
change and appropriations made | 14 |
| therein shall terminate with the close
of such period.
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| (Source: P.A. 90-777, eff. 1-1-99.)
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| (55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)
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| Sec. 6-1003. Further appropriations barred; transfers. | 18 |
| After
the adoption of the county budget, no further | 19 |
| appropriations shall be made
at any other time during such | 20 |
| fiscal year, except as provided in this
Division. Transfers | 21 |
| from one appropriation of any one fund to another of
the same | 22 |
| fund, not affecting the total amount appropriated, may be made | 23 |
| at
any meeting of the board by a two-thirds vote of all the | 24 |
| members
constituting such board, the vote to be taken by a vote | 25 |
| of "aye", "nay", or "present" ayes and nays and entered
on the |
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SB3349 |
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LRB096 20099 RLJ 35624 b |
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| record of the meeting. By a like vote the board may make
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| appropriations in excess of those authorized by the budget in | 3 |
| order to meet
an immediate emergency.
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| (Source: P.A. 86-962.)
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