Full Text of SB0717 93rd General Assembly
SB0717sam001 93RD GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/25/2004
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| AMENDMENT TO SENATE BILL 0717
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| AMENDMENT NO. ______. Amend Senate Bill 0717 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Section 2A-10 and 7-4 and by adding Section 2A-10.2 as follows:
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| (10 ILCS 5/2A-10) (from Ch. 46, par. 2A-10)
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| Sec. 2A-10. Assessor - Board of Appeals. In each county | 8 |
| which elects
a County Assessor and a Board of Appeals, the | 9 |
| County Assessor and the
Board of Appeals shall be elected at | 10 |
| the general election in 1978 and at
the general election every | 11 |
| 4 years thereafter , except that, in Cook County, a county | 12 |
| assessor shall not be elected after the general election in | 13 |
| 2002 .
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| (Source: P.A. 80-936.)
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| (10 ILCS 5/2A-10.2 new)
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| Sec. 2A-10.2. Tax administrator. In Cook County, the County | 17 |
| Tax Administrator shall be elected at the general election in | 18 |
| 2006 and every 4 years thereafter.
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| (10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
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| Sec. 7-4. The following words and phrases in this Article 7 | 21 |
| shall,
unless the same be inconsistent with the context, be | 22 |
| construed as
follows:
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| 1. The word "primary" the primary elections provided for in | 2 |
| this
Article, which are the general primary, the consolidated | 3 |
| primary, and for
those municipalities which have annual | 4 |
| partisan elections for any officer,
the municipal primary held | 5 |
| 6 weeks prior to the general primary election
date in even | 6 |
| numbered years.
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| 2. The definition of terms in Section 1-3 of this Act shall | 8 |
| apply to
this Article.
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| 3. The word "precinct" a voting district heretofore or | 10 |
| hereafter
established by law within which all qualified | 11 |
| electors vote at one
polling place.
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| 4. The words "state office" or "state officer", an office | 13 |
| to be
filled, or an officer to be voted for, by qualified | 14 |
| electors of the
entire state, including United States Senator | 15 |
| and Congressman at large.
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| 5. The words "congressional office" or "congressional | 17 |
| officer",
representatives in Congress.
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| 6. The words "county office" or "county officer," include | 19 |
| an office
to be filled or an officer to be voted for, by the | 20 |
| qualified electors of
the entire county. "County office" or | 21 |
| "county officer" also include the
assessor and board of appeals | 22 |
| and county tax administrator and county commissioners and | 23 |
| president of
county board of Cook County, and county board | 24 |
| members and the chairman
of the county board in counties | 25 |
| subject to "An Act relating to the
composition and election of | 26 |
| county boards in certain counties", enacted
by the 76th General | 27 |
| Assembly.
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| 7. The words "city office" and "village office," and | 29 |
| "incorporated
town office" or "city officer" and "village | 30 |
| officer", and "incorporated
town officer" an office to be | 31 |
| filled or an officer to be voted for by
the qualified electors | 32 |
| of the entire municipality, including aldermen.
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| 8. The words "town office" or "town officer", an office to | 34 |
| be filled
or an officer to be voted for by the qualified |
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| electors of an entire
town.
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| 9. The words "town" and "incorporated town" shall | 3 |
| respectively be
defined as in Section 1-3 of this Act.
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| 10. The words "delegates and alternate delegates to | 5 |
| National
nominating conventions" include all delegates and | 6 |
| alternate delegates to
National nominating conventions whether | 7 |
| they be elected from the state
at large or from congressional | 8 |
| districts or selected by State convention
unless contrary and | 9 |
| non-inclusive language specifically limits the term
to one | 10 |
| class.
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| 11. "Judicial office" means a post held by a judge of the | 12 |
| Supreme,
Appellate or Circuit Court.
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| (Source: P.A. 80-1469.)
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| Section 10. The Property Tax Code is amended by changing | 15 |
| Sections 3-50 and 3-50.5 as follows:
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| (35 ILCS 200/3-50)
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| Sec. 3-50. Election of county assessors - Counties of | 18 |
| 3,000,000 or more.
In all counties with 3,000,000 or more | 19 |
| inhabitants, the office of county
assessor, heretofore created | 20 |
| and established, is hereby continued.
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| The county assessor shall be elected as provided in the | 22 |
| general election law,
at the general election in 1994 and every | 23 |
| fourth year thereafter through 2002 to hold office
for a term | 24 |
| of 4 years from the first Monday of December, and until a | 25 |
| successor
is elected and qualified. Any vacancy in office shall | 26 |
| be filled by
appointment as provided in the general election | 27 |
| law, until the next regular
election of county officers when a | 28 |
| successor shall be elected for the
unexpired term or for the | 29 |
| full term as the case may require. The county
assessor shall | 30 |
| take the oath and give the bond herein required of other
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| assessors and of supervisors of assessments and shall receive | 32 |
| such compensation
payable from the county treasury in an amount |
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| set by the county board. The
amount so set shall not be changed | 2 |
| during the term for which he or she is
elected or appointed. | 3 |
| The county assessor shall also have a suitable office to
be | 4 |
| provided by the county board. | 5 |
| No assessor shall be elected after 2002 in counties with | 6 |
| 3,000,000 or more inhabitants. Notwithstanding any other law to | 7 |
| the contrary, beginning with the term of the County Tax | 8 |
| Administrator elected in 2006, (i) all functions, duties, and | 9 |
| powers of the county assessor shall be exercised by the County | 10 |
| Tax Administrator and (ii) all employees, records, and property | 11 |
| of the county assessor shall be transferred to the County Tax | 12 |
| Administrator.
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| (Source: P.A. 83-121; 88-455.)
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| (35 ILCS 200/3-50.5 new)
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| Sec. 3-50.5. Election of County Tax Administrator; Cook | 16 |
| County. | 17 |
| (a) In Cook County, the office of County
Tax Administrator | 18 |
| is established. | 19 |
| (b) The County Tax Administrator shall be elected as | 20 |
| provided in the general election law,
at the general election | 21 |
| in 2006 and every fourth year thereafter. The County Tax | 22 |
| Administrator shall hold office
for a term of 4 years from the | 23 |
| first Monday of December and until a successor
is elected and | 24 |
| qualified. Any vacancy in the office shall be filled by
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| appointment as provided in the general election law, until the | 26 |
| next regular
election of county officers, when a successor | 27 |
| shall be elected for the
unexpired term or for the full term, | 28 |
| as the case may require. The County
Tax Administrator shall | 29 |
| take the oath and give the bond required of
assessors and of | 30 |
| supervisors of assessments and shall receive compensation
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| payable from the county treasury in an amount set by the county | 32 |
| board. The
amount of compensation set by the county board shall | 33 |
| not be changed during the term for which the County Tax |
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| Administrator is
elected or appointed. The County Tax | 2 |
| Administrator shall also have a suitable office to
be provided | 3 |
| by the county board. | 4 |
| (c) The County Tax Administrator shall have all of the | 5 |
| functions, duties, and powers of a county assessor and shall | 6 |
| also have all of the tax administration-related functions, | 7 |
| duties, and powers of the county auditor, county clerk, and | 8 |
| county treasurer.
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| Section 15. The Counties Code is amended by changing | 10 |
| Sections 3-2013, 3-10005, and 3-14048 as follows:
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| (55 ILCS 5/3-2013) (from Ch. 34, par. 3-2013)
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| Sec. 3-2013. General duties of clerk. Subject to the | 13 |
| provisions of
"The Local Records Act", the duties of the county | 14 |
| clerk shall be-
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| 1st. To act as clerk of the county board of his county and | 16 |
| to keep an
accurate record of the proceedings of said board, | 17 |
| file and preserve all
bills of account acted upon by the board, | 18 |
| and when any account is allowed
or disallowed, he shall note | 19 |
| that fact thereon, and when a part of any
account is allowed he | 20 |
| shall note particularly the items allowed.
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| 2nd. To keep a book in which he shall enter the number, | 22 |
| date and amount
of each order upon the county treasurer, and | 23 |
| the name of the person in
whose favor the same is drawn, and | 24 |
| when such order is canceled, he shall
note the date of | 25 |
| cancellation opposite such entry.
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| 3rd. Before any such order is delivered to the person for | 27 |
| whose benefit
it is drawn, the county clerk shall present the | 28 |
| same to the county
treasurer, who shall personally countersign | 29 |
| the same.
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| 4th. To keep a book, in which shall be entered in | 31 |
| alphabetical order, by
name of the principal, a minute of all | 32 |
| official bonds filed in his office,
giving the name of the |
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| office, amount and date of bond, names of sureties
and date of | 2 |
| filing, with such reference to the number or other designation
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| of the bond, that the same may be easily found.
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| 5th. To keep proper alphabetical indexes of all records and | 5 |
| papers in
his office.
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| 6th. To give any person requiring the same, and paying the | 7 |
| lawful fees
therefor, a copy of any record, paper or account in | 8 |
| his office.
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| 7th. Such other duties as are or may be required by law. | 10 |
| In Cook County, notwithstanding any other law to the | 11 |
| contrary, beginning with the term of the County Tax | 12 |
| Administrator elected in 2006, (i) all functions, duties, and | 13 |
| powers of the clerk that are related to administration of taxes | 14 |
| shall be exercised by the County Tax Administrator and (ii) | 15 |
| those employees, records, and property of the clerk determined | 16 |
| by the county board to be necessary to the exercise of those | 17 |
| functions, duties, and powers shall be transferred to the | 18 |
| County Tax Administrator.
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| (Source: P.A. 86-962.)
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| (55 ILCS 5/3-10005) (from Ch. 34, par. 3-10005)
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| Sec. 3-10005. Functions, powers and duties of treasurer. | 22 |
| The treasurer has those functions, powers and duties as | 23 |
| provided in the
Sections following this Section and preceding | 24 |
| Section 3-10006. He shall
receive and safely keep the revenues | 25 |
| and other public moneys of the county,
and all money and funds | 26 |
| authorized by law to be paid to him, and disburse
the same | 27 |
| pursuant to law. He shall appoint his deputies, assistants and
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| personnel to assist him in the performance of his duties. His | 29 |
| deputies
shall take and subscribe the same oath for the | 30 |
| discharge of their duties as
is required of him, which oath | 31 |
| shall be entered of record in the office of
the county clerk. | 32 |
| The Treasurer shall, in all cases, be responsible for the
acts | 33 |
| of his deputies. The functions and powers of the county |
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| treasurers
shall be uniform in the various counties of this | 2 |
| State. | 3 |
| In Cook County, notwithstanding any other law to the | 4 |
| contrary, beginning with the term of the County Tax | 5 |
| Administrator elected in 2006, (i) all functions, duties, and | 6 |
| powers of the treasurer that are related to administration of | 7 |
| taxes shall be exercised by the County Tax Administrator and | 8 |
| (ii) those employees, records, and property of the treasurer | 9 |
| determined by the county board to be necessary to the exercise | 10 |
| of those functions, duties, and powers shall be transferred to | 11 |
| the County Tax Administrator.
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| (Source: P.A. 86-962.)
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| (55 ILCS 5/3-14048) (from Ch. 34, par. 3-14048)
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| Sec. 3-14048. County auditor. In the County of Cook, there | 15 |
| is hereby
created the office of auditor who shall be appointed | 16 |
| by the President of
the County Board, in accordance with the | 17 |
| terms and provisions of the law in
relation to civil service in | 18 |
| said county, and whose compensation and
official bond shall be | 19 |
| fixed by said board; and there shall be formulated,
installed | 20 |
| and regulated by and under the direction and authority of the
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| County Board, and subject to the provisions of "The Local | 22 |
| Records Act", a
uniform system of books of account, forms, | 23 |
| reports
and records to be used in the offices of every county | 24 |
| officer of Cook
County which said system of books of account, | 25 |
| forms, reports and records so
formulated under the direction of | 26 |
| the said County Board and installed and
regulated shall be used | 27 |
| by said county officers for the purpose of keeping
an accurate | 28 |
| statement of moneys received by them and all the financial and
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| business transactions of their respective offices; and said | 30 |
| auditor shall
audit or cause to be audited from day to day the | 31 |
| receipts of the said
several offices and the reports of the | 32 |
| said offices of the business
transactions of their respective | 33 |
| offices and certify to their correctness
or incorrectness to |
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| the County Board. Said auditor shall report monthly to
the | 2 |
| County Board a summarized and classified statement of the | 3 |
| official
transactions of each of the said offices of each | 4 |
| officer of Cook County for
each day of said month; and the said | 5 |
| auditor shall further make a
semi-annual report to the County | 6 |
| Board containing a recapitulation of the
receipts of the | 7 |
| several offices for the preceding 6 months; such report to
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| include the period covered by the semi-annual report of the | 9 |
| several
officers of the County of Cook to the County Board | 10 |
| where a semi-annual
report is required by law from said | 11 |
| officers.
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| For the purpose aforesaid the said County Board or any one | 13 |
| authorized by
it in addition to the power and authority vested | 14 |
| in them by Sections
3-13001 and 3-13002, as heretofore or | 15 |
| hereafter amended, are vested with
power and authority to enter | 16 |
| the office of any county officer of Cook
County at all times | 17 |
| and to have free and unrestricted access to all the
books, | 18 |
| papers, forms, reports, accounts and memoranda used by said | 19 |
| officers
for the transaction of the business of their | 20 |
| respective offices for the
purpose of auditing, checking or | 21 |
| correcting the reports when reports to the
County Board are | 22 |
| required from said offices by law, or compiling the
records | 23 |
| provided herein to be made to the County Board, or auditing the
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| general business of the offices.
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| Said auditor may under the direction of the County Board | 26 |
| prescribe new
forms, reports, accounts or records to be used by | 27 |
| said officers in the
transaction of the said business of their | 28 |
| several respective offices, or
change, alter or amend the same | 29 |
| from time to time.
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| The said auditor may with the authority of the President of | 31 |
| the County
Board employ assistants, the number and compensation | 32 |
| of whom shall be fixed
by the County Board.
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| Notwithstanding any other law to the contrary, beginning | 34 |
| with the term of the County Tax Administrator elected in 2006, |
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| (i) all functions, duties, and powers of the auditor that are | 2 |
| related to administration of taxes shall be exercised by the | 3 |
| County Tax Administrator and (ii) those employees, records, and | 4 |
| property of the auditor determined by the county board to be | 5 |
| necessary to the exercise of those functions, duties, and | 6 |
| powers shall be transferred to the County Tax Administrator.
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| (Source: P.A. 86-962.)
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| Section 20. The Cook County Forest Preserve District Act is | 9 |
| amended by changing Section 24 as follows:
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| (70 ILCS 810/24) (from Ch. 96 1/2, par. 6427)
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| Sec. 24. Fiscal year; annual appropriation ordinance; | 12 |
| amendments; monthly schedule.
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| (a) The fiscal year of each forest preserve district | 14 |
| subject to this
Act shall extend from January 1, until December | 15 |
| 31. The forest preserve
district shall, before the commencement | 16 |
| or within 60 days after the
commencement of each fiscal year, | 17 |
| adopt an annual appropriation ordinance,
which shall | 18 |
| appropriate sums of money required to defray all necessary | 19 |
| expenses
and liabilities of the district to be paid or incurred | 20 |
| during that fiscal year.
Transfers from one appropriation of | 21 |
| any one fund to another of the same fund,
not affecting the | 22 |
| total amount appropriated, may be made at any meeting of the
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| Board.
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| (b) The annual appropriation ordinance may
be amended in | 25 |
| the same manner as other
ordinances appropriating money. The | 26 |
| ordinance must be amended at the next meeting of the Board that | 27 |
| occurs not
less than 5 days after the passage of the | 28 |
| appropriation ordinance. The ordinance, as originally passed | 29 |
| or as
subsequently amended, may also be amended at any meeting | 30 |
| of the Board held not more than 15 days after the first meeting | 31 |
| of the
Board that occurs not less than 5 days after the passage | 32 |
| of
the annual appropriation ordinance, by repealing or reducing |
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| the amount of any
item or items of appropriation contained in | 2 |
| the ordinance. The Board has the power, by a two-thirds vote of | 3 |
| all members of the
Board, to make transfers within any fund, | 4 |
| department, or other office or
agency of the district, of sums | 5 |
| of money appropriated for one object or purpose to another | 6 |
| object or purpose, but no
appropriation for any object or | 7 |
| purpose shall be reduced below an
amount sufficient to cover | 8 |
| all obligations incurred against the
appropriation. | 9 |
| (c) For purposes of controlling expenditures, the | 10 |
| expenditure of or
incurring of obligations against any | 11 |
| appropriation may be delayed,
restricted, or terminated with | 12 |
| regard to any object or purpose for which
appropriations were | 13 |
| made in the appropriation ordinance. A monthly
schedule for the | 14 |
| year of proposed expenditure, including any limitations or
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| conditions against appropriations for each program, | 16 |
| subactivity, and the
agency or department, shall be made within | 17 |
| 30 days of the adoption of the
annual appropriation ordinance. | 18 |
| The schedule, as amended by the President of the Board, shall | 19 |
| be binding upon all officers, agencies, and
departments. The | 20 |
| schedule of expenditure or of incurring obligations
may not be | 21 |
| exceeded, but the schedule may be revised after
3 calendar | 22 |
| months have elapsed since the last schedule.
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| (Source: P.A. 87-1191.)".
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