HB3596ham002 101ST GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 4/9/2019

10100HB3596ham002 LRB101 08170 AWJ 59586 a

AMENDMENT TO HOUSE BILL 3596

AMENDMENT NO. ______. Amend House Bill 3596, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Property Tax Code is amended by changing Section 3-5 as follows:

(35 ILCS 200/3-5)

Sec. 3-5. Supervisor of assessments. In counties with less than 3,000,000 inhabitants and in which no county assessor has been elected under Section 3-45, there shall be a county supervisor of assessments, either appointed as provided in this Section, or elected.

In counties with less than 3,000,000 inhabitants and not having an elected county assessor or an elected supervisor of assessments, the office of supervisor of assessments shall be filled by appointment by the presiding officer of the county board with the advice and consent of the county board.

To be eligible for appointment or to be eligible to file nomination papers or participate as a candidate in any primary or general election for, or be elected to, the office of supervisor of assessments, or to enter upon the duties of the office, a person must possess one of the following qualifications as certified by the individual to the county clerk:

(1) A Certified Illinois Assessing Official certificate from the Illinois Property Assessment Institute, plus the additional training required for additional compensation under Section 4-10.

(2) A Certified Assessment Evaluator certificate from the International Association of Assessing Officers.

(3) A Member of the Appraisal Institute (MAI), Residential Member (RM), Senior Real Estate Analyst (SREA), Senior Real Property Analyst (SRPA) or Senior Residential Analyst (SRA) certificate from the Appraisal Institute or its predecessor organizations.

(4) If the person has served as a supervisor of assessments for 12 years or more, a Certified Illinois Assessing Official certificate from the Illinois Property Assessment Institute with a minimum of 360 additional hours of successfully completed courses approved by the Department if at least 180 of the course hours required a written examination.

In addition, a person must have had at least 2 years' experience in the field of property sales, assessments, finance or appraisals and must have passed an examination conducted by the Department to determine his or her competence to hold the office. The examination may be conducted by the Department at a convenient location in the county or region. Notice of the time and place shall be given by publication in a newspaper of general circulation in the counties, at least one week prior to the exam. The Department shall certify to the county board a list of the names and scores of persons who pass the examination. The Department may provide by rule the maximum time that the name of a person who has passed the examination will be included on a list of persons eligible for appointment or election. The term of office shall be 4 years from the date of appointment and until a successor is appointed and qualified.

Notwithstanding any other provision of law, in a county with a population of more than 500,000 that does not have an elected county board chairman or executive and has an appointed supervisor of assessments, the office of supervisor of assessments shall be an elected position beginning with the general election held in 2020 and shall take office January 1, 2021. The supervisor of assessments serving on the date of the election shall continue to serve until his or her successor is elected and qualified.

(Source: P.A. 92-667, eff. 7-16-02.)

Section 10. The Counties Code is amended by changing Sections 2-1003, 2-5009, and 3-4004 and by adding Sections 1-6003.5 and 6-31013 and Division 5-45 as follows:

(55 ILCS 5/1-6003.5 new)

Sec. 1-6003.5. Legal representation for county board or elected official.

(a) The chairperson of the county board may appoint, with the advice and consent of the county board, an outside attorney to serve as legal counsel to the county board. The chairperson may choose the State's Attorney as legal counsel.

(b) A countywide elected official may select an outside attorney to serve as legal counsel to the countywide elected official. The countywide elected official may choose the State's Attorney as legal counsel.

(c) The county board chairperson, by written order filed with the county clerk, may discontinue the appointment of the outside counsel appointed under subsection (a) of this Section. After discontinuance, no outside counsel filling the office before the discontinuance shall have any claim against the county for compensation alleged to accrue after the date of discontinuance.

(d) Vacancies for outside counsel may be filled in the same manner as appointments are made under subsection (a) or (b).

(e) The duty of a State's Attorney to be legal counsel under this Section is in addition to the duties of the State's Attorney under Division 3-9.

(55 ILCS 5/2-1003) (from Ch. 34, par. 2-1003)

Sec. 2-1003. Chairman and vice-chairman of county board. The county board shall, unless the chairman is elected by the voters of the county, at its first meeting in the month following the month in which county board members are elected, choose one of its members as chairman for a term of 2 years and at the same meeting, choose one of its members as vice-chairman for a term of 2 years. The chairman and vice-chairman shall be elected by a majority of those elected to the board. The vice-chairman shall serve in the place of the chairman at any meeting of the county board in which the chairman is not present. In case of the absence of the chairman and the vice-chairman at any meeting, the members present shall choose one of their number as temporary chairman. If the position of chairman becomes vacant, the vice-chairman shall serve as chairman until a new chairman is elected to fill the remainder of the former chairman's term.

A chairman who is elected by the county board may be removed, for cause or without cause, upon a motion adopted by an affirmative vote of four-fifths of the county board. Upon adoption of a motion to remove the chairman: (i) the position of chairman becomes vacant and the former chairman's compensation shall be prorated to the date the motion was approved; (ii) the vice-chairman immediately assumes the duties of chairman without additional compensation; and (iii) a new chairman shall be elected at the next regularly scheduled county board meeting. A chairman removed under this Section maintains his or her status as a member of the county board.

(Source: P.A. 86-962.)

(55 ILCS 5/2-5009) (from Ch. 34, par. 2-5009)

Sec. 2-5009. Duties and powers of county executive. Any county executive elected under this Division shall:

(a) see that all of the orders, resolutions and regulations of the board are faithfully executed;

(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;

(c) prepare and submit to the board for its approval the annual budget for the county required by Division 6-1 of this Code;

(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;

(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;

(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;

(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 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: (1) 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, or (2) persons appointed by the county executive after the approval of an annual budget within the fiscal year of the approved annual budget;

(h) remove or suspend in his discretion, after due notice and hearing, anyone whom he has the power to appoint;

(i) require reports and examine accounts, records and operations of all county administrative units;

(j) supervise the care and custody of all county property including institutions and agencies;

(k) approve or veto ordinances or resolutions pursuant to Section 2-5010;

(l) preside over board meetings; however, the county executive is not entitled to vote except to break a tie vote;

(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 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;

(n) with the advice and consent of the county board, enter into intergovernmental agreements with other governmental units;

(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;

(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;

(q) perform such other duties as shall be required of him by the board.

(Source: P.A. 96-1540, eff. 3-7-11.)

(55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)

Sec. 3-4004. Appointment of Public Defender in counties under 1,000,000.

(a) In counties with a population under 700,000, As soon as may be after this Division becomes applicable to a county with a population under 1,000,000, the judges of the Circuit Court of the circuit in which the county is located shall, by a majority vote of the entire number of those judges, appoint to the office of Public Defender a properly qualified person, who shall hold office, his or her death or resignation not intervening, at the pleasure of the judges competent to appoint. Whenever a vacancy occurs in the office it shall be filled in the same manner, and the person appointed to fill the vacancy shall have the same tenure of office.

(b) In counties with a population of at least 700,000 but less than 1,000,000, the procedure for appointing a Public Defender in subsection (a) applies unless the county board, by resolution, allows the chairperson of the county board to appoint a qualified person to the office of Public Defender when a vacancy occurs. If the county board approves a resolution for the Public Defender to be appointed by the chairperson, the chairperson shall appoint the Public Defender with the advice and consent of the county board.

(Source: P.A. 86-962; 87-111.)

(55 ILCS 5/6-31013 new)

Sec. 6-31013. Transitional audits.

(a) A county board must notify newly elected countywide officials of the option for an auditor to conduct a transitional audit at the county's expense. An elected county auditor shall conduct the audit upon a request of the newly elected countywide official. In a county that does not have an elected county auditor, the newly elected countywide official may hire a qualified auditing firm. The county board shall pay all costs associated with an audit. The transitional audit shall examine funds expended by the official for whom the newly elected official is taking over and report if the expended funds were consistent with the county board's financial allocations to that official.

(b) A county board shall give the option for a transitional financial audit to all county officials elected in or after November 2016.

(c) A home rule county shall not regulate transitional audits in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(55 ILCS 5/Div. 5-45 heading new)

Division 5-45. Non-Home Rule County Boards

(55 ILCS 5/5-45001 new)

Sec. 5-45001. Applicability; conflict with other laws. This Division applies to non-home rule counties. If there is a conflict between the provisions of this Division and any other provision of law as the provisions relate to non-home rule counties, the provisions of this Division control.

(55 ILCS 5/5-45005 new)

Sec. 5-45005. County board chairperson; employees. In a county with a county board chairperson who is unable alone to perform all duties of the office, he or she may appoint employees required for operation of the office. The county board shall provide funding for employees necessary to assist the chairperson in the fulfillment of his or her duties. The board may not reclassify employees in the chairperson's office or transfer employees out of the chairperson's office without the chairperson's permission.

(55 ILCS 5/5-45010 new)

Sec. 5-45010. Elimination of advisory committees or commissions. The county board chairperson may eliminate advisory or ad hoc committees or commissions for any of the following reasons or other good cause the chairperson may find: (1) infrequency of committee or commission meetings; or (2) lack of qualified candidates willing to serve on a committee or commission.

(55 ILCS 5/5-45015 new)

Sec. 5-45015. Creation of standing committees by chairman; appointment of members. With the advice and consent of a majority of the county board, the county board chairman may: (1) create standing committees; and (2) appoint members and chairpersons to standing committees.

(55 ILCS 5/5-45020 new)

Sec. 5-45020. Meeting agendas. The county board chairperson, or his or her designee, shall set the agendas for all county board meetings.

(55 ILCS 5/5-45025 new)

Sec. 5-45025. Appointment of county administrator.

(a) The county board chairperson, with the advice and consent of the county board, may appoint a county administrator. The county board chairperson may remove the county administrator. After removal, no county administrator filling the office before his or her removal shall have any claim against the county for compensation alleged to accrue after the date of discontinuance. The county board chairperson shall be chief operating officer of the county. The county administrator shall perform duties at the direction of the chairperson.

(b) Vacancies for an appointed county administrator may be filled in the same manner as appointments are made under subsection (a).

(c) If an appointed county administrator ceases to perform the duties of or to hold the office by reason of removal, resignation, death, permanent physical or mental disability, conviction of a disqualifying crime, dismissal, retirement, or abandonment of office, the county board chairperson may appoint a temporary successor to the office until that time a permanent county administrator is approved in the manner provided for under subsection (a).

(55 ILCS 5/5-45030 new)

Sec. 5-45030. Reduction of county board chairperson's powers. A three-fifths vote of the county board is required to reduce the chairperson's powers set forth in the county board rules or granted by resolution. The board may not reduce any powers of the chairperson given to the chairperson in this Division.

(55 ILCS 5/5-45035 new)

Sec. 5-45035. Contracts for goods and services valued at more than $30,000.

(a) Vendors wishing to contract with a county for goods and services in an amount greater than $30,000 shall disclose to the county prior to a county board's vote on the contract any familial relationship between a county elected official, department director, deputy director and a manager, owner, principal, or officer of the vendor's company. "Familial relationship" means a spouse (including civil partner), child, stepchild, parent, stepparent, grandparent, in-laws (including parent, grandparent, sibling, or child), relatives and non-relatives living in the same residence, and offspring born to any previously-mentioned person.

(b) If a vendor wishing to contract has a familial relationship disclosed under subsection (a), then the contract can only be approved or renewed by roll call vote and not on a consent agenda. The vote to approve or renew the contract must be preceded by a recitation by the chairperson, which includes the name of the elected official or employee and the nature of the familial relationship being disclosed.

(c) A contract subject to this Section which is not approved as provided in this Section is void.

(55 ILCS 5/5-45040 new)

Sec. 5-45040. Reduction or diversion of funds. The county chairperson has authority to reduce or divert moneys from a county fund with assets exceeding 150% of the previous year's expenditures from that fund. Any moneys removed or diverted from a fund shall proportionately be distributed to taxpayers in the form of an abatement as provided for in Section 18-165 of the Property Tax Code. Infrastructure funds are exempt from reduction or diversion under this Section.

(55 ILCS 5/5-45045 new)

Sec. 5-45045. Attendance; quorum. Notwithstanding any provision in the Open Meetings Act, each county board meeting must have a quorum of board members physically present, but, if there is a quorum of board members physically present, then other board members are permitted to attend county board meetings remotely by telephone or video conferencing due to an excused absence, such as military service, health, or business obligations. The county board chairperson determines what constitutes an excused absence.

(55 ILCS 5/5-45050 new)

Sec. 5-45050. County inspector general. The county board may appoint an inspector general to investigate waste, fraud, and abuse, and other fiscal misconduct. The inspector general may turn over any findings of waste, fraud, and abuse, and other fiscal misconduct to the State's Attorney for prosecution.

(55 ILCS 5/5-45055 new)

Sec. 5-45055. Employees of countywide elected officials. A countywide elected official is responsible for all employment decisions within his or her respective office.

Section 15. The Downstate Forest Preserve District Act is amended by changing Section 8 as follows:

(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)

Sec. 8. Powers and duties of corporate authority and officers; contracts; salaries.

(a) The board shall be the corporate authority of such forest preserve district and shall have power to pass and enforce all necessary ordinances, rules and regulations for the management of the property and conduct of the business of such district. The president of such board shall have power to appoint such employees as may be necessary. In counties with population of less than 3,000,000, within 60 days after their selection the commissioners appointed under the provisions of Section 3a of this Act shall organize by selecting from their members a president, secretary, treasurer and such other officers as are deemed necessary who shall hold office for the fiscal year in which elected and until their successors are selected and qualify. In the one district in existence on July 1, 1977, that is managed by an appointed board of commissioners, the incumbent president and the other officers appointed in the manner as originally prescribed in this Act shall hold such offices until the completion of their respective terms or in the case of the officers other than president until their successors are appointed by said president, but in all cases not to extend beyond January 1, 1980 and until their successors are selected and qualify. Thereafter, the officers shall be selected in the manner as prescribed in this Section except that their first term of office shall not expire until June 30, 1981 and until their successors are selected and qualify.

(a-5) An officer selected under subsection (a) may be removed, for cause or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board of the forest preserve district. Upon adoption of a motion to remove an officer: (i) the office becomes vacant and the former officer's compensation shall be prorated to the date the motion was approved; (ii) if the officer removed is the president then the vice president immediately assumes the duties of the president without additional compensation and if the officer removed is the treasurer or the secretary then the president shall select an interim appointee who shall serve until the next regularly scheduled forest preserve district board meeting; and (iii) a new officer shall be selected to fill the remainder of the former officer's term at the next regularly scheduled forest preserve district board meeting. An officer removed under this Section maintains his or her status as a member of the forest preserve district board.

(b) In any county, city, village, incorporated town or sanitary district where the corporate authorities act as the governing body of a forest preserve district, the person exercising the powers of the president of the board shall have power to appoint a secretary and an assistant secretary and treasurer and an assistant treasurer and such other officers and such employees as may be necessary. The assistant secretary and assistant treasurer shall perform the duties of the secretary and treasurer, respectively in case of death of such officers or when such officers are unable to perform the duties of their respective offices. All contracts for supplies, material or work involving an expenditure in excess of $25,000, or a lower amount if required by board policy, shall be let to the lowest responsible bidder, after advertising at least once in one or more newspapers of general circulation within the district, excepting work requiring personal confidence or necessary supplies under the control of monopolies, where competitive bidding is impossible. Contracts for supplies, material or work involving an expenditure of $25,000, or a lower amount if required by board policy, or less may be let without advertising for bids, but whenever practicable, at least 3 competitive bids shall be obtained before letting such contract. All contracts for supplies, material or work shall be signed by the president of the board of commissioners or by any such other officer as the board in its discretion may designate.

(c) The president of any board of commissioners appointed under the provisions of Section 3a of this Act shall receive a salary not to exceed the sum of $2500 per annum and the salary of other members of the board so appointed shall not exceed $1500 per annum. Salaries of the commissioners, officers and employees shall be fixed by ordinance.

(d) Whenever a forest preserve district owns any personal property that, in the opinion of three-fifths of the members of the board of commissioners, is no longer necessary, useful to, or for the best interests of the forest preserve district, then three-fifths of the members of the board, at any regular meeting or any special meeting called for that purpose by an ordinance or resolution that includes a general description of the personal property, may authorize the conveyance or sale of that personal property in any manner that they may designate, with or without advertising the sale.

(Source: P.A. 98-463, eff. 8-16-13; 99-771, eff. 8-12-16.)

Section 99. Effective date. This Act takes effect upon becoming law.".