102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0231

 

Introduced 1/29/2021, by Rep. Elizabeth Hernandez, Michael Halpin, Kambium Buckner, Bob Morgan, Aaron M. Ortiz, et al.

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/2-3001  from Ch. 34, par. 2-3001
55 ILCS 5/6-31002  from Ch. 34, par. 6-31002
65 ILCS 5/1-1-2  from Ch. 24, par. 1-1-2

    Amends the Counties Code. Changes definitions of "population" to be the total number of inhabitants according to the last preceding federal decennial census (rather than number of inhabitants or number of persons). Amends the Illinois Municipal Code. Adds a definition of "population" in the general definition Section.


LRB102 05169 AWJ 15190 b

 

 

A BILL FOR

 

HB0231LRB102 05169 AWJ 15190 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 2-3001 and 6-31002 as follows:
 
6    (55 ILCS 5/2-3001)  (from Ch. 34, par. 2-3001)
7    Sec. 2-3001. Definitions. As used in this Division, unless
8the context otherwise requires:
9    a. "District" means a county board district established as
10provided in this Division.
11    b. "County apportionment commission" or "commission" means
12the county clerk, the State's Attorney, the Attorney General
13or his designated representative and the chairmen of the
14county central committees of the first leading political party
15and the second leading political party as defined in Section
161-3 of The Election Code.
17    c. "Population" means the total number of inhabitants
18according to as determined by the last preceding federal
19decennial census.
20    d. "Member" or "board member" means a person elected to
21serve on the county board.
22(Source: P.A. 86-962.)
 

 

 

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1    (55 ILCS 5/6-31002)  (from Ch. 34, par. 6-31002)
2    Sec. 6-31002. Definitions. As used in this Division,
3unless the context otherwise requires:
4    1. "Comptroller" means the Comptroller of the State of
5Illinois;
6    2. (Blank);
7    3. "Funds and accounts" means all funds of a county
8derived from property taxes and all funds and accounts derived
9from sources other than property taxes, including the receipts
10and expenditures of the fee earnings of each county fee
11officer;
12    4. "Audit report" means the written report of the auditor
13or auditors and all appended statements and schedules relating
14thereto, presenting or recording the findings of an
15examination or audit of the financial transactions, affairs
16and condition of a county;
17    5. "Population" means the total number of inhabitants
18persons residing in a county according to the last preceding
19federal decennial census;
20    6. "Auditor" means a licensed certified public accountant,
21as that term is defined in Section 0.03 of the Illinois Public
22Accounting Act, or the substantial equivalent of a licensed
23CPA, as provided under Section 5.2 of the Illinois Public
24Accounting Act, who performs an audit of county financial
25statements and records and expresses an assurance or disclaims
26an opinion on the audited financial statements; "auditor" does

 

 

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1not include a county auditor elected or appointed under
2Division 3-1 of the Counties Code.
3    7. "Generally accepted accounting principles" means
4accounting principles generally accepted in the United States.
5    8. "Generally accepted auditing standards" means auditing
6standards generally accepted in the United States.
7(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
 
8    Section 10. The Illinois Municipal Code is amended by
9changing Section 1-1-2 as follows:
 
10    (65 ILCS 5/1-1-2)  (from Ch. 24, par. 1-1-2)
11    Sec. 1-1-2. Definitions. In this Code:
12    (1) "Municipal" or "municipality" means a city, village,
13or incorporated town in the State of Illinois, but, unless the
14context otherwise provides, "municipal" or "municipality" does
15not include a township, town when used as the equivalent of a
16township, incorporated town that has superseded a civil
17township, county, school district, park district, sanitary
18district, or any other similar governmental district. If
19"municipal" or "municipality" is given a different definition
20in any particular Division or Section of this Act, that
21definition shall control in that division or Section only.
22    (2) "Corporate authorities" means (a) the mayor and
23aldermen or similar body when the reference is to cities, (b)
24the president and trustees or similar body when the reference

 

 

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1is to villages or incorporated towns, and (c) the council when
2the reference is to municipalities under the commission form
3of municipal government.
4    (3) "Electors" means persons qualified to vote for
5elective officers at municipal elections.
6    (4) "Person" means any individual, partnership,
7corporation, joint stock association, or the State of Illinois
8or any subdivision of the State; and includes any trustee,
9receiver, assignee, or personal representative of any of those
10entities.
11    (5) Except as otherwise provided by ordinance, "fiscal
12year" in all municipalities with fewer than 500,000
13inhabitants, and "municipal year" in all municipalities, means
14the period elapsing (a) between general municipal elections in
15succeeding calendar years, or (b) if general municipal
16elections are held biennially, then between a general
17municipal election and the same day of the same month of the
18following calendar year, and between that day and the next
19succeeding general municipal election, or (c) if general
20municipal elections are held quadrennially, then between a
21general municipal election and the same day of the same month
22of the following calendar year, and between that day and the
23same day of the same month of the next following calendar year,
24and between the last mentioned day and the same day of the same
25month of the next following calendar year, and between the
26last mentioned day and the next succeeding general municipal

 

 

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1election. The fiscal year of each municipality with 500,000 or
2more inhabitants shall commence on January 1.
3    (6) Where reference is made to a county within which a
4municipality, district, area, or territory is situated, the
5reference is to the county within which is situated the major
6part of the area of that municipality, district, area, or
7territory, in case the municipality, district, area, or
8territory is situated in 2 or more counties.
9    (7) Where reference is made for any purpose to any other
10Act, either specifically or generally, the reference shall be
11to that Act and to all amendments to that Act now in force or
12that may be hereafter enacted.
13    (8) Wherever the words "city council", "aldermen",
14"commissioners", or "mayor" occur, the provisions containing
15these words shall apply to the board of trustees, trustees,
16and president, respectively, of villages and incorporated
17towns and councilmen in cities, so far as those provisions are
18applicable to them.
19    (9) The terms "special charter" and "special Act" are
20synonymous.
21    (10) "General municipal election" means the biennial
22regularly scheduled election for the election of officers of
23cities, villages, and incorporated towns, as prescribed by the
24general election law; in the case of municipalities that elect
25officers annually, "general municipal election" means each
26regularly scheduled election for the election of officers of

 

 

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1cities, villages, and incorporated towns.
2    (11) "Population" means the total number of inhabitants
3according to the last preceding federal decennial census.
4(Source: P.A. 87-1119.)