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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Governmental Ethics Act is amended | |||||||||||||||||||||||||||||||||||||
5 | by changing Section 4A-101 as follows: | |||||||||||||||||||||||||||||||||||||
6 | (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | |||||||||||||||||||||||||||||||||||||
7 | Sec. 4A-101. Persons required to file. The following | |||||||||||||||||||||||||||||||||||||
8 | persons shall file
verified written statements of economic | |||||||||||||||||||||||||||||||||||||
9 | interests, as provided in this Article:
| |||||||||||||||||||||||||||||||||||||
10 | (a) Members of the General Assembly and candidates for | |||||||||||||||||||||||||||||||||||||
11 | nomination or
election to the General Assembly.
| |||||||||||||||||||||||||||||||||||||
12 | (b) Persons holding an elected office in the Executive | |||||||||||||||||||||||||||||||||||||
13 | Branch of this
State, and candidates for nomination or | |||||||||||||||||||||||||||||||||||||
14 | election to these offices.
| |||||||||||||||||||||||||||||||||||||
15 | (c) Members of a Commission or Board created by the | |||||||||||||||||||||||||||||||||||||
16 | Illinois Constitution,
and candidates for nomination or | |||||||||||||||||||||||||||||||||||||
17 | election to such Commission or Board.
| |||||||||||||||||||||||||||||||||||||
18 | (d) Persons whose appointment to office is subject to | |||||||||||||||||||||||||||||||||||||
19 | confirmation by
the Senate and persons appointed by the | |||||||||||||||||||||||||||||||||||||
20 | Governor to any other position on a board or commission | |||||||||||||||||||||||||||||||||||||
21 | described in subsection (a) of Section 15 of the | |||||||||||||||||||||||||||||||||||||
22 | Gubernatorial Boards and Commissions Act.
| |||||||||||||||||||||||||||||||||||||
23 | (e) Holders of, and candidates for nomination or |
| |||||||
| |||||||
1 | election to, the office
of judge or associate judge of the | ||||||
2 | Circuit Court and the office of judge of
the Appellate or | ||||||
3 | Supreme Court.
| ||||||
4 | (f) Persons who are employed by any branch, agency, | ||||||
5 | authority or board
of the government of this State, | ||||||
6 | including but not limited to, the Illinois
State Toll | ||||||
7 | Highway Authority, the Illinois Housing Development | ||||||
8 | Authority,
the Illinois Community College Board, and | ||||||
9 | institutions under the
jurisdiction of the Board of | ||||||
10 | Trustees
of the University of Illinois, Board of Trustees | ||||||
11 | of Southern Illinois
University, Board of Trustees of | ||||||
12 | Chicago State University,
Board of Trustees of Eastern | ||||||
13 | Illinois University, Board of Trustees of
Governor's State | ||||||
14 | University, Board of Trustees of Illinois State | ||||||
15 | University,
Board of Trustees of Northeastern Illinois | ||||||
16 | University, Board of Trustees of
Northern Illinois | ||||||
17 | University, Board of Trustees of Western Illinois
| ||||||
18 | University, or Board of Trustees of the Illinois | ||||||
19 | Mathematics and Science
Academy, and are compensated for | ||||||
20 | services as employees and not as
independent contractors | ||||||
21 | and who:
| ||||||
22 | (1) are, or function as, the head of a department, | ||||||
23 | commission, board,
division, bureau, authority or | ||||||
24 | other administrative unit within the
government of | ||||||
25 | this State, or who exercise similar authority within | ||||||
26 | the
government of this State;
|
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| |||||||
1 | (2) have direct supervisory authority over, or | ||||||
2 | direct responsibility for
the formulation, | ||||||
3 | negotiation, issuance or execution of contracts | ||||||
4 | entered into
by the State in the amount of $5,000 or | ||||||
5 | more;
| ||||||
6 | (3) have authority for the issuance or | ||||||
7 | promulgation of rules and
regulations within areas | ||||||
8 | under the authority of the State;
| ||||||
9 | (4) have authority for the approval of | ||||||
10 | professional licenses;
| ||||||
11 | (5) have responsibility with respect to the | ||||||
12 | financial inspection
of regulated nongovernmental | ||||||
13 | entities;
| ||||||
14 | (6) adjudicate, arbitrate, or decide any judicial | ||||||
15 | or administrative
proceeding, or review the | ||||||
16 | adjudication, arbitration or decision of any judicial
| ||||||
17 | or administrative proceeding within the authority of | ||||||
18 | the State;
| ||||||
19 | (7) have supervisory responsibility for 20 or more | ||||||
20 | employees of the
State;
| ||||||
21 | (8) negotiate, assign, authorize, or grant naming | ||||||
22 | rights or sponsorship rights regarding any property or | ||||||
23 | asset of the State, whether real, personal, tangible, | ||||||
24 | or intangible; or
| ||||||
25 | (9) have responsibility with respect to the | ||||||
26 | procurement of goods or services. |
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| |||||||
1 | (g) Persons who are elected to office in a unit of | ||||||
2 | local government,
and candidates for nomination or | ||||||
3 | election to that office, including regional
| ||||||
4 | superintendents of school districts.
| ||||||
5 | (h) Persons appointed to the governing board of a unit | ||||||
6 | of local
government, or of a special district, and persons | ||||||
7 | appointed to a zoning
board, or zoning board of appeals, or | ||||||
8 | to a regional, county, or municipal
plan commission, or to | ||||||
9 | a board of review of any county, and persons
appointed to | ||||||
10 | the Board of the Metropolitan Pier and Exposition Authority
| ||||||
11 | and any Trustee appointed under Section 22 of the | ||||||
12 | Metropolitan Pier and
Exposition Authority Act, and | ||||||
13 | persons appointed to a board or commission of
a unit of | ||||||
14 | local government who have authority to authorize the | ||||||
15 | expenditure of
public funds. This subsection does not apply | ||||||
16 | to members of boards or
commissions who function in an | ||||||
17 | advisory capacity.
| ||||||
18 | (i) Persons who are employed by a unit of local | ||||||
19 | government and are
compensated for services as employees | ||||||
20 | and not as independent contractors and
who:
| ||||||
21 | (1) are, or function as, the head of a department, | ||||||
22 | division, bureau,
authority or other administrative | ||||||
23 | unit within the unit of local
government, or who | ||||||
24 | exercise similar authority within the unit of local
| ||||||
25 | government;
| ||||||
26 | (2) have direct supervisory authority over, or |
| |||||||
| |||||||
1 | direct responsibility for
the formulation, | ||||||
2 | negotiation, issuance or execution of contracts | ||||||
3 | entered into
by the unit of local government in the | ||||||
4 | amount of $1,000 or greater;
| ||||||
5 | (3) have authority to approve licenses
and permits | ||||||
6 | by the unit of local government; this item does not | ||||||
7 | include
employees who function in a ministerial | ||||||
8 | capacity;
| ||||||
9 | (4) adjudicate, arbitrate, or decide any judicial | ||||||
10 | or administrative
proceeding, or review the | ||||||
11 | adjudication, arbitration or decision of any judicial
| ||||||
12 | or administrative proceeding within the authority of | ||||||
13 | the unit of local
government;
| ||||||
14 | (5) have authority to issue or promulgate rules and | ||||||
15 | regulations within
areas under the authority of the | ||||||
16 | unit of local government; or
| ||||||
17 | (6) have supervisory responsibility for 20 or more | ||||||
18 | employees of the
unit of local government.
| ||||||
19 | (j) Persons on the Board of Trustees of the Illinois | ||||||
20 | Mathematics and
Science Academy.
| ||||||
21 | (k) Persons employed by a school district in positions | ||||||
22 | that
require that
person to hold an administrative or a | ||||||
23 | chief school business official
endorsement.
| ||||||
24 | (l) Special government agents. A "special government | ||||||
25 | agent" is a
person who is directed, retained, designated, | ||||||
26 | appointed, or
employed, with or without compensation, by or |
| |||||||
| |||||||
1 | on behalf of a
statewide executive branch constitutional | ||||||
2 | officer to make an ex
parte communication under Section | ||||||
3 | 5-50 of the State Officials and
Employees Ethics Act or | ||||||
4 | Section 5-165 of the Illinois
Administrative Procedure | ||||||
5 | Act.
| ||||||
6 | (m) Members of the board of commissioners of any flood | ||||||
7 | prevention district created under the Flood Prevention | ||||||
8 | District Act or the Beardstown Regional Flood Prevention | ||||||
9 | District Act. | ||||||
10 | (n) Members of the board of any retirement system or | ||||||
11 | investment board established under the Illinois Pension | ||||||
12 | Code, if not required to file under any other provision of | ||||||
13 | this Section. | ||||||
14 | (o) Members of the board of any pension fund | ||||||
15 | established under the Illinois Pension Code, if not | ||||||
16 | required to file under any other provision of this Section. | ||||||
17 | (p) Members of the investment advisory panel created | ||||||
18 | under Section 20 of the Illinois Prepaid Tuition Act. | ||||||
19 | (q) Commissioners of a County Apportionment Commission | ||||||
20 | appointed under Division 2-3 of Article 2 of the Counties | ||||||
21 | Code. | ||||||
22 | This Section shall not be construed to prevent any unit of | ||||||
23 | local government
from enacting financial disclosure | ||||||
24 | requirements that mandate
more information
than required by | ||||||
25 | this Act.
| ||||||
26 | (Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555, |
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| |||||||
1 | eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11; | ||||||
2 | 97-754, eff. 7-6-12.)
| ||||||
3 | Section 10. The Election Code is amended by changing | ||||||
4 | Section 25-11 as follows:
| ||||||
5 | (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
| ||||||
6 | Sec. 25-11.
When a vacancy occurs in any elective county | ||||||
7 | office, or in a
county of less than 3,000,000 population in the | ||||||
8 | office of clerk of the circuit
court, in a county which is not | ||||||
9 | a home rule unit, the county board or board
of county | ||||||
10 | commissioners shall declare that such vacancy exists and
| ||||||
11 | notification thereof
shall be given to the county central | ||||||
12 | committee or the appropriate county board
or board of county | ||||||
13 | commissioners district committee of each established
political | ||||||
14 | party within 3 days of the
occurrence of the vacancy. The | ||||||
15 | vacancy shall be filled
within 60 days by appointment of the | ||||||
16 | chairman of the county board
or board of county commissioners | ||||||
17 | with the advice and consent of the county
board or board of | ||||||
18 | county commissioners.
In counties in which forest preserve | ||||||
19 | district commissioners are
elected by districts and are not | ||||||
20 | also members of the county board, however,
vacancies in the | ||||||
21 | office of forest preserve district commissioner shall be
filled | ||||||
22 | within 60 days by appointment of the president of the forest | ||||||
23 | preserve
district board of commissioners with the advice and | ||||||
24 | consent of the forest
preserve district board of commissioners. |
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| |||||||
1 | In counties in which the forest
preserve district president is | ||||||
2 | not also a member of the county board, vacancies
in
the office | ||||||
3 | of forest preserve district president shall be filled within 60 | ||||||
4 | days
by the forest preserve district board of commissioners by | ||||||
5 | appointing one of the
commissioners to serve as president.
The | ||||||
6 | appointee
shall be a member of the same political party as the | ||||||
7 | person he
succeeds was at the time of his election and shall be | ||||||
8 | otherwise
eligible to serve.
The appointee shall serve the | ||||||
9 | remainder of the unexpired term. However, if
more than 28 | ||||||
10 | months remain in the term, the appointment shall be until the
| ||||||
11 | next general election at which time the vacated office shall be
| ||||||
12 | filled by election for the remainder of the term. In the
case | ||||||
13 | of a vacancy in a seat on a county board or board of county
| ||||||
14 | commissioners which
has been divided into districts under | ||||||
15 | Section 2-3003.5 2-3003 or 2-4006.5 of
the Counties Code, the | ||||||
16 | appointee must also be a resident of the
county board or county | ||||||
17 | commission district.
If a county commissioner ceases to reside | ||||||
18 | in the district that he or
she represents, a vacancy in that | ||||||
19 | office exists.
| ||||||
20 | Except as otherwise provided by county ordinance or by law, | ||||||
21 | in
any county which is a home rule unit, vacancies in elective
| ||||||
22 | county offices, other than the office of chief executive | ||||||
23 | officer,
and vacancies in the office of clerk of the circuit | ||||||
24 | court in a county of
less than 3,000,000 population, shall be | ||||||
25 | filled
by the county board or board of county commissioners.
| ||||||
26 | (Source: P.A. 92-189, eff. 8-1-01; 92-583, eff. 6-26-02.)
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1 | Section 15. The Counties Code is amended by changing | ||||||
2 | Sections 2-3001, 2-3002, and 2-3015 and by adding Sections | ||||||
3 | 2-3003.5 and 2-3005.5 as follows:
| ||||||
4 | (55 ILCS 5/2-3001) (from Ch. 34, par. 2-3001)
| ||||||
5 | Sec. 2-3001. Definitions. As used in this Division,
unless | ||||||
6 | the context otherwise requires:
| ||||||
7 | a. "District" means a county board district established as | ||||||
8 | provided in
this Division.
| ||||||
9 | b. (Blank). "County apportionment commission" or | ||||||
10 | "commission" means the county
clerk, the State's Attorney, the | ||||||
11 | Attorney General or his designated
representative and the | ||||||
12 | chairmen of the county central committees of the
first leading | ||||||
13 | political party and the second leading political party as
| ||||||
14 | defined in Section 1-3 of The Election Code.
| ||||||
15 | c. "Population" means the number of inhabitants as | ||||||
16 | determined by the
last preceding federal decennial census.
| ||||||
17 | d. "Member" or "board member" means a person elected to | ||||||
18 | serve on the
county board.
| ||||||
19 | e. "Racial minorities or language minorities" has the | ||||||
20 | meaning provided to those terms in subsection (c) of Section | ||||||
21 | 5-5 of the Illinois Voting Rights Act of 2011. | ||||||
22 | (Source: P.A. 86-962.)
| ||||||
23 | (55 ILCS 5/2-3002) (from Ch. 34, par. 2-3002)
|
| |||||||
| |||||||
1 | Sec. 2-3002. Counties with population of less than | ||||||
2 | 3,000,000 and
with township form of government. | ||||||
3 | (a) Reapportionment required. By July 1, 1971, and each 10 | ||||||
4 | years
thereafter, the county board of
each county having a | ||||||
5 | population of less than 3,000,000 inhabitants and
the township | ||||||
6 | form of government shall reapportion its county so that
each | ||||||
7 | member of the county board represents the same number of
| ||||||
8 | inhabitants. In reapportioning its county, the County | ||||||
9 | Apportionment Commission county board shall first
determine | ||||||
10 | the size of the county board to be elected, which may consist
| ||||||
11 | of not less than 5 nor more than 29 members and may not exceed | ||||||
12 | the size
of the county board in that county on October 2, 1969.
| ||||||
13 | The county board shall also determine
whether board members | ||||||
14 | shall be
elected at large from the county or by county board | ||||||
15 | districts.
| ||||||
16 | If the chairman of the county board is to be elected by the | ||||||
17 | voters in a
county of less than 450,000 population as provided | ||||||
18 | in Section 2-3007,
such chairman shall not be counted as a | ||||||
19 | member of the county board
for the purpose of the limitations | ||||||
20 | on the size of a county board provided
in this Section.
| ||||||
21 | (b) Advisory referenda. The voters of a county may advise | ||||||
22 | the County Apportionment Commission county
board ,
through an | ||||||
23 | advisory referendum, on questions concerning (i) the number of
| ||||||
24 | members of the
county board
to be elected, (ii) whether the | ||||||
25 | board members should be elected from
single-member
districts, | ||||||
26 | multi-member districts, or at-large, (iii)
whether voters will |
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| |||||||
1 | have cumulative voting rights in the election of county
board | ||||||
2 | members, or (iv) any combination of the preceding 3 questions.
| ||||||
3 | The advisory
referendum may be
initiated either by petition or | ||||||
4 | by ordinance of the county board. A written
petition for an
| ||||||
5 | advisory referendum authorized by this Section must contain the | ||||||
6 | signatures of
at least 8% of the
votes cast for candidates for | ||||||
7 | Governor in the preceding gubernatorial election
by the | ||||||
8 | registered voters of the county and must be filed with the | ||||||
9 | appropriate
election
authority. An ordinance
initiating
an | ||||||
10 | advisory referendum authorized by this Section must be approved | ||||||
11 | by a
majority of the
members of the county board and must be | ||||||
12 | filed with the appropriate election
authority. An advisory
| ||||||
13 | referendum initiated under this Section shall be placed on the | ||||||
14 | ballot at the
general
election designated in the petition or | ||||||
15 | ordinance.
| ||||||
16 | (Source: P.A. 93-308, eff. 7-23-03.)
| ||||||
17 | (55 ILCS 5/2-3003.5 new) | ||||||
18 | Sec. 2-3003.5. Apportionment plan. | ||||||
19 | (a) If the county board determines that members shall be | ||||||
20 | elected by districts, county board districts shall each, in | ||||||
21 | order of priority: | ||||||
22 | (1) be substantially equal in population; | ||||||
23 | (2) provide racial minorities or language minorities | ||||||
24 | with the equal opportunity to participate in the political | ||||||
25 | process and elect candidates of their choice; |
| |||||||
| |||||||
1 | (3) provide racial minorities who constitute less than | ||||||
2 | a voting-age majority of a District with an opportunity to | ||||||
3 | substantially influence the outcome of an election; | ||||||
4 | (4) be contiguous; | ||||||
5 | (5) be compact; | ||||||
6 | (6) respect, to the extent practical, geographic | ||||||
7 | integrity of units of local government; | ||||||
8 | (7) respect, to the extent practical, communities | ||||||
9 | sharing common social or economic interests; and | ||||||
10 | (8) not discriminate against or in favor of any | ||||||
11 | political party or individual. | ||||||
12 | (b) No later than June 30 of the year in which each federal | ||||||
13 | decennial census occurs, the Chief Justice and the most senior | ||||||
14 | Justice of the Supreme Court who is not affiliated with the | ||||||
15 | same political party as the Chief Justice shall select 8 | ||||||
16 | commissioners to an independent County Apportionment | ||||||
17 | Commission for each county which its board has determined that | ||||||
18 | members shall be elected by districts. Each Commission must | ||||||
19 | reflect the ethnic, gender, and racial demographics of the | ||||||
20 | county for which it serves. | ||||||
21 | (c) A person is ineligible to serve on a Commission if, | ||||||
22 | within the previous 4 calendar years, the person, or his or her | ||||||
23 | spouse or immediate family member, was appointed or elected to | ||||||
24 | a position with the State or unit of local government, a State | ||||||
25 | or unit of local government employee, a lobbyist as defined in | ||||||
26 | Section 1-110 of the Illinois Governmental Ethics Act, a person |
| |||||||
| |||||||
1 | with an ownership interest in an entity with a county contract, | ||||||
2 | or appointed or elected to serve a political party. | ||||||
3 | Commissioners must file financial disclosure statements under | ||||||
4 | Section 4A-101 of the Illinois Governmental Ethics Act and | ||||||
5 | abide by any ethics requirements established by law. | ||||||
6 | (d) A Commission shall act in public meetings by an | ||||||
7 | affirmative vote of 5 commissioners. A Commission shall elect | ||||||
8 | its chairperson and vice chairperson, who are not affiliated | ||||||
9 | with same political parties. All meetings of a Commission shall | ||||||
10 | be open to the public. A Commission shall adopt rules governing | ||||||
11 | its procedures. | ||||||
12 | (e) A Commission shall hold at least 5 public hearings | ||||||
13 | throughout the county before adopting any apportionment plan, | ||||||
14 | with a majority occurring before a Commission releases any | ||||||
15 | proposed apportionment plan and at least 2 occurring after the | ||||||
16 | release of the final plan and its associated compliance report. | ||||||
17 | (55 ILCS 5/2-3005.5 new) | ||||||
18 | Sec. 2-3005.5. Filing of apportionment plan; failure to | ||||||
19 | file; legal action. | ||||||
20 | (a) A County Apportionment Commission shall adopt and file | ||||||
21 | with the Secretary of State an apportionment plan for the | ||||||
22 | county board districts by June 30 of the year following a | ||||||
23 | federal decennial census. | ||||||
24 | (b) If a Commission fails to complete an apportionment plan | ||||||
25 | by July 1 of the year following a federal decennial census, the |
| |||||||
| |||||||
1 | Chief Justice of the Supreme Court and the most senior Justice | ||||||
2 | of the Supreme Court who is not affiliated with the same | ||||||
3 | political party as the Chief Justice shall appoint a ninth | ||||||
4 | member to the Commission. The 9-member Commission shall adopt | ||||||
5 | and file with the Secretary of State an apportionment plan for | ||||||
6 | the county by August 1 of the year following the federal | ||||||
7 | decennial census. | ||||||
8 | (c) An apportionment plan filed with the Secretary of State | ||||||
9 | shall be presumed valid and shall be published promptly by the | ||||||
10 | Secretary of State. | ||||||
11 | (d) The Supreme Court shall have original and exclusive | ||||||
12 | jurisdiction over actions concerning apportionment of county | ||||||
13 | districts that shall be initiated in the name of the People of | ||||||
14 | the State of Illinois by the Attorney General.
| ||||||
15 | (55 ILCS 5/2-3015)
| ||||||
16 | Sec. 2-3015. Qualifications of County Board Members and | ||||||
17 | County Commissioners. In
counties with a population of | ||||||
18 | 3,000,000 or less, no
person is eligible to hold the office of | ||||||
19 | county board member or county commissioner
unless he or she is | ||||||
20 | a legal voter and has been a resident of the county for at
| ||||||
21 | least one year next preceding the election.
| ||||||
22 | (Source: P.A. 90-173, eff. 1-1-98.)
| ||||||
23 | (55 ILCS 5/2-3003 rep.)
| ||||||
24 | (55 ILCS 5/2-3004 rep.)
|
| |||||||
| |||||||
1 | (55 ILCS 5/2-3005 rep.)
| ||||||
2 | Section 20. The Counties Code is amended by repealing | ||||||
3 | Sections 2-3003, 2-3004, and 2-3005.
|