SB1393 103RD GENERAL ASSEMBLY

LRB103 28486 AWJ 54867 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1393

Introduced 2/6/2023, by Sen. Paul Faraci

SYNOPSIS AS INTRODUCED:

55 ILCS 5/3-1001	from Ch. 34, par. 3-1001
55 ILCS 5/3-1002	from Ch. 34, par. 3-1002

Amends the Officers and Employees Article of the Counties Code. Decreases the minimum number of inhabitants that must reside in a county for the county to be required to create the office of county auditor from 75,000 inhabitants to 70,000 inhabitants.

A BILL FOR

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 3-1001 and 3-1002 as follows:

(55 ILCS 5/3-1001) (from Ch. 34, par. 3-1001)

Sec. 3-1001. Auditors in counties of 70,000 75,000 to 3,000,000. In all counties containing less than 3,000,000 and over 70,000 75,000 inhabitants by the last federal census, there is created the office of county auditor, whose term of office shall be 4 years and until his or her successor is elected and qualified. The nomination and election shall be subject to the general election laws of the State. Each county auditor shall take office the first day of the month following the month of his or her election on which the office of the county auditor is required, by statute or by action of the county board, to be open. The qualifications and oath of office shall be the same as apply to other county officers. Each county auditor shall, before entering upon the duties of the office, give bond (or, if the county is self-insured, the county through its self-insurance program may provide bonding) in such penalty and with such security as the county board deems sufficient, which bond shall be substantially in the form required by law to be given by the county clerk. Such bond shall be filed with the county clerk on or before the day the county auditor takes office. In case of a vacancy in the office of county auditor caused by death, resignation, or removal from office, the vacancy shall be filled as provided for filling vacancies of other county offices. If the auditor is temporarily unable to perform his or her duties for any reason, the deputy auditor, if there is one, shall assume the duties of the auditor until the auditor is able to resume his or her duties or until a replacement for the auditor is chosen.

(Source: P.A. 87-401; 88-387.)

(55 ILCS 5/3-1002) (from Ch. 34, par. 3-1002)

Sec. 3-1002. Auditors in counties of 70,000 75,000 population or less. In counties of 70,000 75,000 population or less, as determined by the last federal census preceding the date of appointment, the presiding officer of the county board with the advice and consent of the county board may appoint and employ a county auditor whose term of office shall be 4 years and until a successor is appointed and qualified. Every county auditor appointed pursuant to the provisions of this Section shall hold office until the first Tuesday of May, 1961, and until a successor is appointed and qualified. A successor shall be appointed and take office on the first Tuesday of May, 1961, and every 4 years thereafter, for a term of 4 years and until another successor is appointed and qualified. The qualifications and oath of office of such county auditor shall be the same as apply to other county officers. Each county auditor shall, before entering upon the duties of the office, give bond in such penalty and with such security as the county board shall deem sufficient, which bond shall be substantially in the form required by law to be given by the county clerk. Said bond shall be filed with the county clerk on or before the date the county auditor enters into the duties of the office. In case of a vacancy in the office of county auditor caused by death, resignation, or removal from office, the vacancy shall be filled by appointment by the presiding officer of the county board with the advice and consent of the county board. If the auditor is temporarily unable to perform his or her duties for any reason, the deputy auditor, if there is one, shall assume the duties of the auditor until the auditor is able to resume his or her duties or until a replacement for the auditor is chosen.

(Source: P.A. 86-962; 87-401.)