Illinois General Assembly - Full Text of Public Act 096-1540
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Public Act 096-1540


 

Public Act 1540 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1540
 
HB5727 EnrolledLRB096 16250 RLJ 31506 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing
Sections 2-3003, 2-3004, 2-5009, and 2-5011 as follows:
 
    (55 ILCS 5/2-3003)  (from Ch. 34, par. 2-3003)
    Sec. 2-3003. Apportionment plan.
    (1) If the county board determines that members shall be
elected by districts, it shall develop an apportionment plan
and specify the number of districts and the number of county
board members to be elected from each district and whether
voters will have cumulative voting rights in multi-member
districts. Each such district:
        a. Shall be equal in population to each other district;
        b. Shall be comprised of contiguous territory, as
    nearly compact as practicable; and
        c. May divide townships or municipalities only when
    necessary to conform to the population requirement of
    paragraph a. of this Section.
        d. Shall be created in such a manner so that no
    precinct shall be divided between 2 or more districts,
    insofar as is practicable.
    (2) The county board of each county having a population of
less than 3,000,000 inhabitants may, if it should so decide,
provide within that county for single member districts outside
the corporate limits and multi-member districts within the
corporate limits of any municipality with a population in
excess of 75,000. Paragraphs a, b, c and d of subsection (1) of
this Section shall apply to the apportionment of both single
and multi-member districts within a county to the extent that
compliance with paragraphs a, b, c and d still permit the
establishment of such districts, except that the population of
any multi-member district shall be equal to the population of
any single member district, times the number of members found
within that multi-member district.
    (3) In a county where the Chairman of the County Board is
elected by the voters of the county as provided in Section
2-3007, the Chairman of the County Board may develop and
present to the Board by the third Wednesday in May in the year
after a federal decennial census year an apportionment plan in
accordance with the provisions of subsection (1) of this
Section. If the Chairman presents a plan to the Board by the
third Wednesday in May, the Board shall conduct at least one
public hearing to receive comments and to discuss the
apportionment plan, the hearing shall be held at least 6 days
but not more than 21 days after the Chairman's plan was
presented to the Board, and the public shall be given notice of
the hearing at least 6 days in advance. If the Chairman
presents a plan by the third Wednesday in May, the Board is
prohibited from enacting an apportionment plan until after a
hearing on the plan presented by the Chairman. The Chairman
shall have access to the federal decennial census available to
the Board.
    (4) In a county where a County Executive is elected by the
voters of the county as provided in Section 2-5007 of the
Counties Code, the County Executive may develop and present to
the Board by the third Wednesday in May in the year after a
federal decennial census year an apportionment plan in
accordance with the provisions of subsection (1) of this
Section. If the Executive presents a plan to the Board by the
third Wednesday in May, the Board shall conduct at least one
public hearing to receive comments and to discuss the
apportionment plan, the hearing shall be held at least 6 days
but not more than 21 days after the Executive's plan was
presented to the Board, and the public shall be given notice of
the hearing at least 6 days in advance. If the Executive
presents a plan by the third Wednesday in May, the Board is
prohibited from enacting an apportionment plan until after a
hearing on the plan presented by the Executive. The Executive
shall have access to the federal decennial census available to
the Board.
(Source: P.A. 93-308, eff. 7-23-03.)
 
    (55 ILCS 5/2-3004)  (from Ch. 34, par. 2-3004)
    Sec. 2-3004. Failure to complete reapportionment. If any
county board fails to complete the reapportionment of its
county by July 1 in 2011 1971 or any 10 years thereafter or by
the day after the county board's regularly scheduled July
meeting in 2011 or any 10 years thereafter, whichever is later,
the county clerk of that county shall convene the county
apportionment commission. Three members of the commission
shall constitute a quorum, but a majority of all the members
must vote affirmatively on any determination made by the
commission. The commission shall adopt rules for its procedure.
    The commission shall develop an apportionment plan for the
county in the manner provided by Section 2-3003, dividing the
county into the same number of districts as determined by the
county board. If the county board has failed to determine the
size of the county board to be elected, then the number of
districts and the number of members to be elected shall be the
largest number to which the county is entitled under Section
2-3002.
    The commission shall submit its apportionment plan by
October 1 in the year that it is convened, except that the
circuit court, for good cause shown, may grant an extension of
time, not exceeding a total of 60 days, within which such a
plan may be submitted.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/2-5009)  (from Ch. 34, par. 2-5009)
    Sec. 2-5009. Duties and powers of county executive. Any
county executive elected under this Division shall:
    (a) see that all of the orders, resolutions and regulations
of the board are faithfully executed;
    (b) coordinate and direct by executive order or otherwise
all administrative and management functions of the county
government except the offices of elected county officers;
    (c) prepare and submit to the board for its approval the
annual budget for the county required by Division 6-1 of this
Code;
    (d) appoint, with the advice and consent of the board,
persons to serve on the various boards and commissions to which
appointments are provided by law to be made by the board;
    (e) appoint, with the advice and consent of the board,
persons to serve on various special districts within the county
except where appointment to serve on such districts is
otherwise provided by law;
    (f) make an annual report to the board on the affairs of
the county, on such date and at such time as the board shall
designate, and keep the board fully advised as to the financial
condition of the county and its future financial needs;
    (f-5) for a county executive of a county that has adopted
the executive form of government on or before the effective
date of this amendatory Act of the 96th General Assembly,
appoint, with the advice and consent of the board, all
department heads for any county departments;
    (g) appoint, with the advice and consent of the board, such
subordinate deputies, employees and appointees for the general
administration of county affairs as considered necessary,
except those deputies, employees and appointees in the office
of an elected county officer; however, the advice and consent
requirement set forth in this paragraph shall not apply to
persons employed as a member of the immediate personal staff of
a county executive of a county that has adopted the executive
form of government on or before the effective date of this
amendatory Act of the 96th General Assembly;
    (h) remove or suspend in his discretion, after due notice
and hearing, anyone whom he has the power to appoint;
    (i) require reports and examine accounts, records and
operations of all county administrative units;
    (j) supervise the care and custody of all county property
including institutions and agencies;
    (k) approve or veto ordinances or resolutions pursuant to
Section 2-5010;
    (l) preside over board meetings; however, the county
executive is not entitled to vote except to break a tie vote;
    (l-5) for a county executive of a county that has adopted
the executive form of government on or before the effective
date of this amendatory Act of the 96th General Assembly, if
the County Executive is temporarily not available to preside
over a board meeting, the County Executive shall designate a
board member to preside over the board meeting;
    (m) call a special meeting of the county board, by a
written executive order signed by him and upon 24 hours notice
by delivery of a copy of such order to the residence of each
board member;
    (n) with the advice and consent of the county board, enter
into intergovernmental agreements with other governmental
units;
    (o) with the advice and consent of the county board,
negotiate on behalf of the county with governmental units and
the private sector for the purpose of promoting economic growth
and development;
    (p) at his discretion, appoint a person to serve as legal
counsel at an annual salary established by the county board at
an amount no greater than the annual salary of the state's
attorney of the county;
    (q) perform such other duties as shall be required of him
by the board.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/2-5011)  (from Ch. 34, par. 2-5011)
    Sec. 2-5011. Death, resignation or inability of county
executive. In case of the death, resignation or other inability
of the county executive to act, the board shall select a person
qualified under Section 2-5008 and Section 25-11 of the
Election Code to serve as the interim county executive until
the next general election.
(Source: P.A. 86-962.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 03/07/2011