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Public Act 096-1540
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| HB5727 Enrolled | LRB096 16250 RLJ 31506 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 |
Sections 2-3003, 2-3004, 2-5009, and 2-5011 as follows:
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(55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
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Sec. 2-3003. Apportionment plan.
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(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:
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a. Shall be equal in population to each other district;
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b. Shall be comprised of contiguous territory, as |
nearly compact as
practicable; and
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c. May divide townships or municipalities only when |
necessary to conform
to the population requirement of |
paragraph a. of this Section.
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d. Shall be created in such a manner so that no |
precinct shall be
divided between 2 or more districts, |
insofar as is practicable.
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(2) The county board of each county having a population of |
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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 |
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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.
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(Source: P.A. 93-308, eff. 7-23-03.)
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(55 ILCS 5/2-3004) (from Ch. 34, par. 2-3004)
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Sec. 2-3004. Failure to complete reapportionment. If any |
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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
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must vote affirmatively on any determination made by the |
commission. The
commission shall adopt rules for its procedure.
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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
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districts and the number of members to be elected shall be the |
largest
number to which the county is entitled under Section |
2-3002.
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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.
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(Source: P.A. 86-962.)
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(55 ILCS 5/2-5009) (from Ch. 34, par. 2-5009)
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Sec. 2-5009. Duties and powers of county executive. Any |
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county executive elected under this Division shall:
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(a) see that all of the orders, resolutions and regulations |
of the board
are faithfully executed;
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(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;
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(c) prepare and submit to the board for its approval the |
annual budget
for the county required by Division 6-1 of this |
Code;
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(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;
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(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;
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(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;
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(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 |
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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;
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(h) remove or suspend in his discretion, after due notice |
and hearing,
anyone whom he has the power to appoint;
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(i) require reports and examine accounts, records and |
operations of all
county administrative units;
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(j) supervise the care and custody of all county property |
including
institutions and agencies;
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(k) approve or veto ordinances or resolutions pursuant to |
Section
2-5010;
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(l) preside over board meetings; however, the county |
executive
is not entitled to vote except to break a tie vote;
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(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 |
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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;
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(n) with the advice and consent of the county board, enter |
into
intergovernmental agreements with other governmental |
units;
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(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;
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(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;
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(q) perform such other duties as shall be required of him |
by the board.
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(Source: P.A. 86-962.)
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(55 ILCS 5/2-5011) (from Ch. 34, par. 2-5011)
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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.
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(Source: P.A. 86-962.)
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