Public Act 102-1120
 
SB1015 EnrolledLRB102 05064 AWJ 15083 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 Election Code is amended by changing 
Section 25-11 as follows:
 


    (10 ILCS 5/25-11)  (from Ch. 46, par. 25-11)




    Sec. 25-11. 
Except as otherwise provided in this 
paragraph, when When a vacancy occurs in any elective county 
office, or in a
county of less than 3,000,000 population in the 
office of clerk of the circuit
court, in a county which is not 
a home rule unit, the county board or board
of county 
commissioners shall declare that such vacancy exists and

notification thereof
shall be given to the county central 
committee or the appropriate county board
or board of county 
commissioners district committee of each established
political 
party within 3 days of the
occurrence of the vacancy.  The 
vacancy shall be filled
within 60 days by appointment of the 
chair of the county board
or board of county commissioners 
with the advice and consent of the county
board or board of 
county commissioners.
In counties other than Champaign County 
operating under the county executive form of government under 
Division 2-5 of the Counties Code, when a vacancy occurs in an 
elected county office other than in the office of an elected 
member of the county board, the county executive shall declare 
that such vacancy exists and then notification of the vacancy 
shall be given to the county central committee of each 
established political party within 3 days of the occurrence of 
the vacancy, and the vacancy shall be filled within 60 days by 
appointment of the county executive with the advice and 
consent of the county board. However,   when a vacancy occurs in 
the office of an elected member of the county board in a county 
other than Champaign County that is operating under the county 
executive form of government under Division 2-5 of the 
Counties Code, the elected county board speaker or county 
board chair, as the case may be, shall declare that such 
vacancy exists and then notification shall be given to the 
appropriate county board district committee of each 
established political party within 3 days of the occurrence of 
the vacancy, and the vacancy shall be filled within 60 days by 
appointment of the elected county board speaker or county 
board chair, as the case may be, with the advice and consent of 
the county board. In Champaign County while operating under 
the county executive form of government under Division 2-5 of 
the Counties Code, when a vacancy occurs in an elected county 
office or in the office of an elected member of the county 
board, the elected county board speaker or county board chair, 
as the case may be, shall declare that such vacancy exists and 
then notification shall be given to the county central 
committee or the appropriate county board district committee 
of each established political party within 3 days of the 
occurrence of the vacancy; and the vacancy shall be filled 
within 60 days by appointment of the elected county board 
speaker or county board chair, as the case may be, with the 
advice and consent of the county board. In counties in which 
forest preserve district commissioners are
elected by 
districts and are not also members of the county board, 
however,
vacancies in the office of forest preserve district 
commissioner shall be
filled within 60 days by appointment of 
the president of the forest preserve
district board of 
commissioners with the advice and consent of the forest

preserve district board of commissioners. In counties in which 
the forest
preserve district president is not also a member of 
the county board, vacancies
in
the office of forest preserve 
district president shall be filled within 60 days
by the 
forest preserve district board of commissioners by appointing 
one of the
commissioners to serve as president.
The appointee

shall be a member of the same political party as the person he

succeeds was at the time of his election and shall be otherwise

eligible to serve.
The appointee shall serve the remainder of 
the unexpired term.  However, if
more than 28 months remain in 
the term, the appointment shall be until the
next general 
election at which time the vacated office shall be
filled by 
election for the remainder of the term.  In the
case of a 
vacancy in a seat on a county board or board of county

commissioners which
has been divided into districts under 
Section 2-3003 or 2-4006.5 of
the Counties Code, the appointee 
must also be a resident of the
county board or county 
commission district.
If a county commissioner ceases to reside 
in the district that he or
she represents, a vacancy in that 
office exists.

    Except as otherwise provided by county ordinance or by 
law, in
any county which is a home rule unit, vacancies in 
elective
county offices, other than the office of chief 
executive officer,
and vacancies in the office of clerk of the 
circuit court in a county of
less than 3,000,000 population, 
shall be filled
by the county board or board of county 
commissioners.

(Source: P.A. 100-1027, eff. 1-1-19.)

 
    Section 10. The Counties Code is amended  by changing 
Sections 2-5003, 2-5007, 2-5009, 2-5010, 2-5014, and 2-5015 
and  by adding Sections 2-5017, 2-5018, 2-5019, 2-5020, 2-5021, 
and 2-5022 as follows:
 



    (55 ILCS 5/2-5003)  (from Ch. 34, par. 2-5003)



    Sec. 2-5003. Definitions. As used in this Division, unless 
the
context requires otherwise:

    (a) "County board" or "board" means the legislative 
governing body of any county
other than Cook County which has 
adopted the county executive form of
government under this 
Division.

    "County board speaker" or "speaker" means the county board 
member elected by the county board to serve as the lead 
representative for the county board, and may be referred to as 
the "county board speaker", "speaker", "county board chair", 
or "chair". 
    (b) "County executive" means the county official elected 
by the voters
of any county other than Cook County to be the 
chief executive officer to
administer the county executive 
form of government under this Division.

    (c) "County executive form of government" means that form 
of government
in which the departments of county government 
are administered by a single
county official called the county 
executive elected at large by the
qualified voters of the 
county. The board shall act as the legislative body
of the 
county under this form of county government.

(Source: P.A. 86-926.)

 



    (55 ILCS 5/2-5007)  (from Ch. 34, par. 2-5007)



    Sec. 2-5007. Term of county executive. The county 
executive shall
serve a term of 4 years, commencing on the 
first Monday in the month
following the month of the election 
in which the county executive was elected his election and 
until a his successor is elected
and qualified.

(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;

    (b-5) control the internal operations of the county 
executive's office and procure the necessary equipment, 
materials, and services to perform the duties of that office; 
    (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;

    (d-5) make appointments to fill vacancies occurring in the 
office of an elected county officer other than the office of an 
elected member of the county board in accordance with Section 
25-11 of the Election Code in counties, other than Champaign 
County, operating under the county executive form of 
government under this Division; 
    (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;

    (e-5) except as otherwise provided by law, remove or 
suspend, in the county executive's discretion and after notice 
and hearing, anyone whom the county executive has the power to 
appoint under subsection (d) or (e); 
    (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) hire 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 or county board member 
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) except as otherwise provided by law, remove or 
suspend, in the discretion of the county executive, department 
heads for a county department and in his discretion, after due 
notice and hearing,
anyone whom the county executive he has 
the power to hire under subsection (g); 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 the county executive 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 the his discretion of the county executive, 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 the 
county executive him by the board.

(Source: P.A. 96-1540, eff. 3-7-11.)

 



    (55 ILCS 5/2-5010)  (from Ch. 34, par. 2-5010)



    Sec. 2-5010. Approval of ordinances. Any ordinance passed, 
adopted or
otherwise enacted by the board shall before it 
becomes effective be
presented to the county executive. If the 
county executive approves such
ordinance, resolution or 
motion, the county executive he shall sign it; if not, the 
county executive he shall return
it to the board with the his 
objections, which shall be entered and spread upon
the 
journal, and the board shall proceed to reconsider the matter. 
If after
such reconsideration 3/5 of the members of the board 
pass such ordinance,
it shall become effective on the date 
prescribed but not earlier than the
date of passage following 
reconsideration. In all such cases the votes of
the members of 
the board shall be determined by yeas ayes and nays and the 
names
of the members voting for or against such ordinance 
objected to by the
county executive shall be entered and 
spread upon the journal. If any
ordinance is not returned by 
the county executive to the board at its first
meeting 
occurring not less than 6 days, Sundays excepted, after it has 
been
presented to the county executive him, it shall become 
effective unless the board has recessed
or adjourned for a 
period in excess of 60 days, in which case it shall not
become 
effective without the approval of the county executive his 
approval. Items of appropriation may be
approved or vetoed by 
the county executive. Any item approved by the county

executive and all items not vetoed shall become law, and any 
item vetoed
shall be returned to and reconsidered by the board 
in the same manner as
provided in this Section for other 
ordinances returned to the board without
approval.

(Source: P.A. 86-962.)

 



    (55 ILCS 5/2-5014)  (from Ch. 34, par. 2-5014)



    Sec. 2-5014. Certified statements by county clerk. At 
least 20 days
prior to any referendum under Section 2-5005 or 
Section 2-5013, the county
clerk shall file with the Secretary 
of State a certified statement
indicating when such a 
referendum will be held. Within 30 days after any
such 
referendum the county clerk shall file with the Secretary of 
State a
certified statement showing the results of the 
referendum and the resulting
status of the county as a home 
rule county or a non-home rule county. The
Secretary of State 
shall maintain such certified statements in the his office of 
the Secretary of State
as a public record.

(Source: P.A. 86-962.)

 



    (55 ILCS 5/2-5015)  (from Ch. 34, par. 2-5015)



    Sec. 2-5015. County board chair; superseding Superseding 
plan for election of county board chairman. 
    (a) Notwithstanding any provision of law to the contrary, 
in a county that has adopted the county executive form of 
government under this Division, the county board chairman, 
county board chairperson, or county board chair shall only 
have those powers and duties set forth in this Division.  Any 
powers and duties vested in a county board chairman, county 
board chairperson, or county board chair in any Illinois 
statute, other than this Division, Section 11 of the Public 
Health District Act, and Section 25-11 of the Election Code, 
shall instead be vested in the county executive in those 
counties that have adopted the county executive form of 
government. 
    (b) The adoption of the county executive form of 
government by any county
pursuant to this Division shall 
supersede any plan adopted by
the county board of that county 
pursuant to Section 2-3007, as now or
hereafter amended, for 
the election of the chairman of the county board by
the voters 
of the county.

(Source: P.A. 86-962.)

 
    (55 ILCS 5/2-5017 new)
    Sec. 2-5017. Regular meetings of the county board. Regular 
and special meetings of the county board may be held in any 
public building located within the county that such county 
board is elected to serve. Prior notice of the building 
selected for the meeting shall be provided by the board 
speaker to each member of the county board in the manner 
provided pursuant to the rules of the county board. Regular 
meetings of the board shall be held in June and September, and 
at such other times as may be determined by the board.
    At each regular and special meeting which is open to the 
public, members of the public and employees of the county 
shall be afforded time, subject to reasonable constraints, to 
comment to or ask questions of the board. 
 
    (55 ILCS 5/2-5018 new)
    Sec. 2-5018. Special meetings. Special meetings of the 
board shall be held only when requested by at least one-third 
of the members of the board, or when requested by the county 
executive, which request shall be in writing, addressed to the 
clerk of the board, and specifying the time and place of such 
meeting, upon reception of which the clerk shall immediately 
transmit notice, in writing, of such meeting, to each of the 
members of the board. The clerk shall also cause notice of such 
meeting to be published in a newspaper printed in the county, 
if any. If a vacancy arises in the office of clerk, because of 
death or other reason, then the request shall be addressed to 
the circuit clerk who shall perform the duties of the clerk 
pursuant to this Section.
 
    (55 ILCS 5/2-5019 new)
    Sec. 2-5019. Speaker of the county board. The county board 
shall, at its first meeting in the month following the month in 
which county board members are elected, choose one of its 
members as speaker for a term of 2 years.
    A speaker may be removed, with or without cause, upon a 
motion adopted by an affirmative vote of four-fifths of the 
county board. Upon adoption of a motion to remove the speaker: 
(i) the speaker position becomes vacant and the former 
speaker's compensation shall be prorated to the date the 
motion was approved; and (ii) a new speaker shall be elected at 
the next regularly scheduled county board meeting. A speaker 
removed under this Section maintains his or her status as a 
member of the county board. 
 
    (55 ILCS 5/2-5020 new)
    Sec. 2-5020. Quorum; omnibus votes. A majority of the 
members of any county board shall constitute a quorum for the 
transaction of business; and all questions, ordinances, 
resolutions, or motions which shall arise at meetings shall be 
determined by the votes of the majority of the members 
present, except in such cases as is otherwise provided.
    The county board at any properly noticed public meeting 
may by unanimous consent take a single vote by yeas and nays on 
the several questions of the passage of any 2 or more of the 
designated ordinances, orders, resolutions, or motions placed 
together for voting purposes in a single group. The single 
vote shall be entered separately in the minutes under the 
designation "omnibus vote", and the clerk may enter the words 
"omnibus vote" or "consent agenda" in the minutes in each case 
instead of entering the names of the members of the county 
board voting "yea" and those voting "nay" on the passage of 
each of the designated ordinances, orders, resolutions, and 
motions included in the omnibus group or consent agenda. The 
taking of a single or omnibus vote and the entries of the words 
"omnibus vote" or "consent agenda" in the minutes shall be a 
sufficient compliance with the requirements of this Section to 
all intents and purposes and with like effect as if the vote in 
each case had been taken separately by yeas and nays on the 
question of the passage of each ordinance, order, resolution, 
and motion included in the omnibus group and separately 
recorded in the minutes. Likewise, the yeas and nays shall be 
taken upon the question of the passage of any other ordinance, 
resolution, or motion at the request of any county board 
member and shall be recorded in the minutes.
 
    (55 ILCS 5/2-5021 new)
    Sec. 2-5021. Open meetings. County board meetings are open 
to the public, and all persons may attend the meetings. The 
vote on all propositions to appropriate money from the county 
treasury shall be taken by "yeas" and "nays" and entered on the 
record of the meeting. 
 
    (55 ILCS 5/2-5022 new)
    Sec. 2-5022. Administering oaths. The county executive, or 
designee, may administer an oath to any person concerning any 
matter submitted to the board, or connected with its powers 
and duties, and a member of the board may administer the oath 
required by law to a claimant presenting a claim against the 
county to be passed by the board. A member so administering an 
oath to a claimant may not charge a fee for administering the 
oath.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.