(55 ILCS 5/Art. 1 heading) ARTICLE 1.
GENERAL PROVISIONS
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(55 ILCS 5/Div. 1-1 heading) Division 1-1.
Short Title, Boundaries, Jurisdiction
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(55 ILCS 5/1-1001) (from Ch. 34, par. 1-1001)
Sec. 1-1001. Short title. This Act shall be known and may
be cited as the Counties Code.
(Source: P.A. 97-1154, eff. 1-25-13.)
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(55 ILCS 5/1-1002) (from Ch. 34, par. 1-1002)
Sec. 1-1002.
Boundaries.
The boundaries of the several counties of
this State shall remain as now established until the same be changed
according to law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-1003) (from Ch. 34, par. 1-1003)
Sec. 1-1003.
Jurisdiction over rivers.
Each county
bounded by either the Mississippi, Ohio or Wabash
river, shall have jurisdiction over such river to the extent it is so
bounded, which jurisdiction may be exercised concurrently with the
contiguous states bounded by such river.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-1004) (from Ch. 34, par. 1-1004)
Sec. 1-1004.
Jurisdiction over Lake Michigan.
Each of the counties bordering on Lake Michigan shall have
jurisdiction over said lake eastwardly, to the east line of the State.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-2 heading) Division 1-2.
Alteration of County Lines
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(55 ILCS 5/1-2001) (from Ch. 34, par. 1-2001)
Sec. 1-2001.
Petition for transfer of territory.
When a majority
of the legal voters, residing upon any territory, not less than half of one
congressional township, shall petition the county board of their own
county, and also of the county to which they desire such territory to be
transferred, for leave to have such territory transferred to such county,
it shall be the duty of the several county boards so petitioned to certify
the proposition to the proper election officials, who shall submit the
question at a referendum in their respective counties in accordance with
the general election law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2002) (from Ch. 34, par. 1-2002)
Sec. 1-2002.
Notice of election.
In addition to the requirements of
the general election law, notices of such election shall contain a
description of the territory proposed to be transferred, and the names of
the counties from and to which such transfer is intended to be made.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2003) (from Ch. 34, par. 1-2003)
Sec. 1-2003.
Form of ballots; effect of vote.
The ballots used in the
said elections may be in the following form, to wit: "For transferring
territory," and "Against transferring territory." If a majority of the
voters voting upon said question in the county from which said territory is
proposed to be taken, and a majority of the voters of the county to which
the same is proposed to be transferred, shall be "For transferring
territory," then the said territory shall be transferred to and become a
part of the county to which it is proposed to transfer the same, on and
after the first day of March succeeding such elections, and shall be
subject to all the laws, rules and regulations thereof: Provided, That all
assessments and collection of taxes, and judicial or other official
proceedings commenced prior to said first day of March, shall be continued,
prosecuted and completed, in the same manner as if no such transfer had
been made: And, provided, further, That all township or precinct officers
within said transferred territory shall continue to hold their respective
offices within the county to which they may be transferred, until their
respective terms of office expire.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2004) (from Ch. 34, par. 1-2004)
Sec. 1-2004.
Restriction.
No county shall be reduced, under the
provisions of this Division, to less contents than 400 square miles; nor
shall any county line be made to pass within less than ten miles of the
county seat of the county from which territory is so transferred.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2005) (from Ch. 34, par. 1-2005)
Sec. 1-2005.
Adjustment of debts.
No territory
transferred under the provisions of this Division shall be released from
the payment of its proportion of the debts of the county from
which such territory is transferred; and such proportionate indebtedness
from such transferred territory shall be collected by the county to which
such territory is transferred, at an equal or greater rate than is levied
and collected in the county from which such territory was transferred -- such
rate to be ascertained by the certificate of the county clerk of said last
named county, and when so collected, to be paid over to the county entitled
thereto.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2006) (from Ch. 34, par. 1-2006)
Sec. 1-2006.
Territory released.
When the county to which such
territory is transferred shall also be indebted, the county board of such
county shall release such transferred territory from the payment of such
indebtedness to an amount equal to that which said territory is required to
pay to the county from which it was transferred.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2007) (from Ch. 34, par. 1-2007)
Sec. 1-2007.
When elections at discretion of county board.
When
a majority of the legal voters of any territory, less
than half of one congressional township, shall petition the county
boards as provided in Section 1-2001, the said
county boards may, in their discretion, order referenda to be held as
herein provided; and in any case where referenda have been held under this
Division, and the result has been adverse to the petitioners,
it shall be in the discretion of the said boards to order another
referendum, on a petition to transfer the same territory, within three
years from the time of holding such former referendum.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-3 heading) Division 1-3.
New Counties
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(55 ILCS 5/1-3001) (from Ch. 34, par. 1-3001)
Sec. 1-3001.
Petition to form new county.
Whenever it is desired to form a new county out of one or more
of the then existing counties, and a petition praying for the erection of
such new county, stating and describing the territory proposed to be taken
for such new county, together with the name of such proposed new county,
signed by a majority of the legal voters residing in the territory to be
stricken from such county or counties, shall be presented to the county
board of each county to be affected by such division, and it appearing that
such new county can be constitutionally formed, it shall be the duty of
such county board or county boards to make an order providing for the
submission of the question of the erection of such new county to a vote of
the people of the counties to be affected. The County Board or boards
shall certify the question to the proper election officials, who shall
submit the question to the voters at a general election, in
accordance with the general election law. The form of the proposition
shall be as follows: "For new county," and "Against new county."
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3002) (from Ch. 34, par. 1-3002)
Sec. 1-3002.
Election; effect.
If it shall appear that a majority of
all the votes cast at such election, in each of the counties interested, is
in favor of the erection of such new county, the county clerk of each of
said counties shall certify the same to the Secretary of State, stating in
such certificate the name, territorial contents and boundaries of such new
county; whereupon the Secretary of State shall notify the Governor of the
result of such election, whose duty it shall be to order an election of
county officers for such new county in accordance with the general election
law for the election of county officers. At such election the qualified
voters of said new county shall elect all county officers for said county,
except as hereinafter excepted, who shall be commissioned and qualified in
the same manner as such officers are in other counties in this State, and
who shall continue in office until the next regular election for such
officers, and until their successors are elected and qualified, and who
shall have all the jurisdiction and perform all the duties which are or may
be conferred upon such officers in other counties of this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3003) (from Ch. 34, par. 1-3003)
Sec. 1-3003.
Township or precinct officers; continuance in office.
All the township or precinct officers, who were previously elected
and qualified in the county or counties from which such new county has been
formed, whose term of office shall not have expired at the time of said
election, and whose residence shall be embraced within the limits of said
new county, shall continue in office until their terms of office shall
expire, and until their successors shall be elected and qualified.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3004) (from Ch. 34, par. 1-3004)
Sec. 1-3004.
Canvass and return of votes.
The votes for the county
officers of said new county shall be canvassed, and returns made, by the
county clerk or county clerks of the county or counties from which such new
county was formed, as provided by the general election law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3005) (from Ch. 34, par. 1-3005)
Sec. 1-3005.
County deemed organized.
The oath of office may be
administered to the several county officers of such new county by any
person authorized by law to administer oaths; and as soon as such county
officers are duly qualified, the county shall be regarded as legally
organized, and for judicial purposes shall be deemed and taken as belonging
to the circuit in which such new county, or the greater part thereof, is
embraced, and the circuit court shall be held at such place in the new
county as the county board thereof shall designate, until the county seat
thereof shall be permanently located.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3006) (from Ch. 34, par. 1-3006)
Sec. 1-3006.
Transfer of suits and judgments.
The courts of
any county or counties from which such new county is erected may, by proper
order, transfer any suit or other legal proceeding affecting real estate in
such new county, to the proper court of such new county, or may transfer
any suit and all papers and records pertaining thereto to such new county,
when all the parties thereto are residents of such new county; but all
judgments and other liens in the county or counties from which such new
county was erected, shall have the same effect as if no new county had
been erected.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3007) (from Ch. 34, par. 1-3007)
Sec. 1-3007.
Adjustment of property and debts.
All the property, both
real and personal, and all debts, liabilities and choses in action of every
kind, belonging to the county or counties from which such new county was
formed, shall be divided by the several county boards of the counties
interested, between the county or counties from which such new county is
formed and the new county, in proportion to the assessed value of property
for the last preceding year which has been taken from such original county
or counties and carried to such new county; and if such boards cannot agree
upon such division, they may refer the matter of difference to arbitrators,
or the rights to such property may be settled by a civil action filed by
either party for that purpose. In case the property cannot be divided or
removed, the county receiving the same shall pay to the other a
proportionate value for the same.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3008) (from Ch. 34, par. 1-3008)
Sec. 1-3008.
Appointment of commissioner to copy records.
The
presiding officer of the county board of such new county, with
the advice and consent of that county board, shall, at any session of said
board, by an order to be entered of record, appoint some competent person a
commissioner, for the purpose hereinafter expressed, who shall take an oath
of office before some person authorized by law to administer oaths. Said
board shall, at the same time, provide a sufficient number of blank books,
and deliver them to said commissioner, who shall receipt for the same to
the county clerk of said county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3009) (from Ch. 34, par. 1-3009)
Sec. 1-3009.
Transcription of records.
As soon as said books shall be
delivered to said commissioner, he shall record in each a copy of the order
of his appointment and of his oath of office, and shall thereupon proceed
to transcribe, into such books, from the records of the county or several
counties from which the new county is formed, all such deeds, mortgages and
title papers of every description, with the certificate of acknowledgment
thereto, and the date of the filing of the same for record, of lands lying
in said new county which previously were recorded in the counties from
which such new county was formed; and there shall be allowed said
commissioner such sum as his services aforesaid are reasonably worth, to be
paid out of the county treasury of the said new county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3010) (from Ch. 34, par. 1-3010)
Sec. 1-3010.
Index of records; evidence.
The commissioner shall note,
at the end of each paper he shall transcribe, the book and page from which
the same was transcribed, and shall make a correct double index of the
records; and on the completion of his duties, the commissioner shall return
the books to the recorder of the new county, with his certificate attached
thereto, showing that he has complied with the law; whereupon they shall be
taken and considered, to all intents and purposes, as books of records of
deeds, mortgages and title papers for the new county. And copies of
the record, certified by the officer having the custody of the same, shall
be evidence in all courts and places, in the same manner that copies of
records are evidence in other cases, and with like effect.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3011) (from Ch. 34, par. 1-3011)
Sec. 1-3011.
Fixing county seat.
For the purpose of fixing the
permanent location of the county seat of such new county, the voters of
said county shall, at said election for county officers, vote for some
place, to be designated upon their ballots, for a county seat; upon which
ballot shall be written or printed, or partly written and partly printed,
"For County Seat," after which words shall be written or printed the name
of the place intended for the county seat. The place receiving a majority
of all the legal votes cast upon the question shall be the county seat of
said county. But if no place shall receive a majority of all the votes cast
upon the question, then it shall be the duty of the county board of said
county to choose from the two places having the greatest number of legal
voters at the former election; and the place so chosen shall be the
permanent county seat of said county.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-4 heading) Division 1-4.
Uniting Counties
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(55 ILCS 5/1-4001) (from Ch. 34, par. 1-4001)
Sec. 1-4001.
Petition to unite counties.
Whenever any number of legal
voters, not less than two hundred, one-half of such number being owners or
life tenants of real estate, residing in any county in this State, shall
petition the county board of their own county, for leave to have their own
county united and annexed to any adjoining county, and shall also petition
the county board of the adjoining county, to which they desire their county
to be united and annexed, for leave to have their own county united and
annexed to such adjoining county, it shall be the duty of the several
county boards so petitioned, to order that the propositions provided for in
this Division shall be submitted to the legal voters of their respective
counties. The several county boards shall certify the propositions to the
proper election officials who shall submit the question at a general
election in accordance with the general election law. In addition to the
requirements of the general election law, the notices of said election
shall include the name of each of the two counties, and shall state that
the proposition to be voted upon will be whether the county of (naming the
county whose legal voters have petitioned for union and annexation) shall
be united and annexed to the county of (naming the adjoining county to
which the legal voters have petitioned to be united and annexed): Provided,
that such proposition shall not be submitted or voted upon more often than
once in 5 years.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4002) (from Ch. 34, par. 1-4002)
Sec. 1-4002.
Designation of counties.
In this Division and all
proceedings thereunder, the county whose legal voters shall petition the
several county boards as aforesaid, shall be called the "petitioning
county," and the county to which said legal voters shall petition to be
united and annexed shall be called the "adjoining county."
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4003) (from Ch. 34, par. 1-4003)
Sec. 1-4003.
Form of proposition.
The proposition shall be
substantially in the following form: For uniting and annexing
the county of (naming the petitioning county) to the county of (naming
the adjoining county). Against uniting and annexing the county of
(naming the petitioning county) to the county of (naming the adjoining
county).
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4004) (from Ch. 34, par. 1-4004)
Sec. 1-4004.
Effect of vote.
If a majority of the votes
polled in each of such counties at such election shall be in
favor of said proposition, all that territory included within
the established boundaries of the petitioning county, shall be
united and annexed to the adjoining county, and such petitioning
county, shall cease to have any separate existence as a county,
but shall be merged into and form an integral part of such
adjoining county, in fact and in name, at the time and in the
manner hereinafter provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4005) (from Ch. 34, par. 1-4005)
Sec. 1-4005.
Proclamation by Governor.
Within ten days after such
election, the county clerk of each of such counties shall send a correct
and duly certified abstract of the votes polled at such election to the
Secretary of State; and if a majority of votes polled at such election in
each of said counties is found to be in favor of uniting and annexing the
petitioning county to the adjoining county, the Secretary of State shall
forthwith so notify the Governor of the state, and the Governor shall
thereupon, forthwith and without delay, issue his proclamation announcing
and declaring the result of such election; and on and after the date of
such proclamation the petitioning county shall cease to exist as a county,
and all that territory embraced in the limits of such petitioning county
shall be united and annexed to, and shall form an integral part of such
adjoining county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4006) (from Ch. 34, par. 1-4006)
Sec. 1-4006.
Officers to hold office until expiration of term.
All the county officers of the petitioning county shall continue
to hold their respective offices until their respective terms of office
shall expire, and shall perform the duties of their respective offices
arising in the territory which, before the Governor's proclamation
aforesaid, had constituted the petitioning county, and shall receive the
fees and compensation thereof, in the manner hereinafter provided. They
shall keep their offices at the county seat of the adjoining county, in the
court house of said county, in such rooms as may be selected by the county
board of the adjoining county; and within ten days after the date of the
proclamation as aforesaid, by the Governor, they shall remove all the files
and records, books, papers, and furniture of their respective offices to
the court house of the adjoining county, which shall thereafter be held and
taken to be the files, records, books, papers and furniture of the
adjoining county as it shall be constituted after the date of the
proclamation aforesaid.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4007) (from Ch. 34, par. 1-4007)
Sec. 1-4007.
Process.
All process of every kind against any
person or property within the territory, which had constituted the
petitioning county before the proclamation aforesaid, during the
continuance of the term of office of the clerk of the circuit court and the
county clerk of the petitioning county, and after the union and annexation
aforesaid, may be issued by the clerk of circuit court or the county clerk
of the petitioning county, and they shall respectively, collect and account
to the county board of the adjoining county for the proper fees for issuing
the same, but all such process shall be signed by the proper clerk and have
the proper seal of the proper court of the adjoining county attached. The
sheriff of the petitioning county may serve all such process, referred to
in this Section; and shall collect and account to the county board of the
adjoining county for the proper fees for serving the same. The county clerk
and the clerk of the circuit court of the petitioning county shall each
receive the same compensation he was receiving by law at the date of the
aforesaid proclamation, which compensation shall be paid by the county
board of the adjoining county out of taxes collected from property in the
territory that had constituted the petitioning county before the aforesaid
proclamation.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4008) (from Ch. 34, par. 1-4008)
Sec. 1-4008.
Sheriff of petitioning county.
The sheriff of the
petitioning county shall continue after the date of the Governor's
proclamation, to perform the duties of sheriff in the territory that had
constituted the petitioning county before the proclamation, until his or
her term of office shall expire, at which time he or she shall deliver to
the sheriff of the adjoining county, without demand therefor, all books,
papers, and furniture pertaining to or connected with his or her office,
and also all moneys and process held by him or her as sheriff, and all
property attached or levied on by him or her as sheriff. He or she shall
have a right to collect all taxes collectible by him or her during his or
her term of office from all property in the territory that had constituted the
petitioning county before the proclamation. He or she shall receive the
same compensation he or she would have received as sheriff and ex-officio
collector of the petitioning county, as if the same had not been united and
annexed to the adjoining county; but after the date of the
Governor's proclamation all his or her acts shall be performed in the
name of the sheriff of the adjoining county. After the date of the
Governor's proclamation, the sheriff of the petitioning county
shall become the deputy of the sheriff of the adjoining county, and the
sheriff of the petitioning county may perform all the duties of sheriff, to
be performed during his or her term of office in the territory that had
constituted the petitioning county before the proclamation
without control of the sheriff of the adjoining county, and shall be liable
upon his or her bond as sheriff, and upon his or her bond as collector,
for any breach of the conditions thereof, in the same manner and to the
same extent as if the petitioning county had continued to exist as a
county. The compensation payable to the sheriff of the petitioning county,
shall be paid by order of the county board of the adjoining county, out of
taxes upon property in the territory that has constituted the petitioning
county before the Governor's proclamation, and he or she shall account to
the county board of the adjoining county for all fees collected by him or
her: Provided, that the sheriff of the petitioning county shall forfeit all
right to any compensation, if he or she is not ready and willing to perform
the duties he or she may perform under this Code.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4009) (from Ch. 34, par. 1-4009)
Sec. 1-4009.
Coroner.
The coroner of the petitioning county
shall perform all the duties required of him by law within the territory
that had constituted the petitioning county before the proclamation
aforesaid, until his term of office shall expire, and shall receive the
compensation to which he may be entitled by law, and whatever fees or
compensation may be payable by law out of the county treasury, shall be
certified and paid by the county board of the adjoining county to such
coroner, out of taxes collected from property in the territory that had
constituted the petitioning county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4010) (from Ch. 34, par. 1-4010)
Sec. 1-4010.
County treasurer.
The county treasurer of the
petitioning county shall perform all the duties required of him by law, in
the territory that had constituted the petitioning county, during his term
of office. He shall assess the taxable property in the territory aforesaid,
and shall return his assessment books to the county clerk of the adjoining
county, and make all his reports to the county board of the adjoining
county; but he shall be liable upon his bond for any breach or breaches of
the conditions thereof, in the same manner and to the same extent as if the
petitioning county had not been united and annexed to the adjoining county.
The compensation to which he may be entitled by law, shall be paid by the
county board of the adjoining county out of taxes collected from property
in the territory that had constituted the petitioning county, before the
proclamation aforesaid. So much of this Section as refers to assessing by
the treasurer, shall only be applicable where the petitioning county was
not under township organization at the date of the election aforesaid.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4011) (from Ch. 34, par. 1-4011)
Sec. 1-4011.
State's attorney.
The State's Attorney for
the petitioning county shall, during his term of office,
receive the same compensation he was receiving at the date of
the proclamation of the Governor, as aforesaid. He shall
commence and prosecute all actions, suits, indictments and
informations of all kinds, arising in the territory which had
constituted the petitioning county before said proclamation,
in which the people of the State may be interested, and he
shall be assistant county attorney for the adjoining county
during his said term of office.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4012) (from Ch. 34, par. 1-4012)
Sec. 1-4012.
Superintendent of schools.
The
county superintendent of schools of the petitioning county
shall continue to act as such in the territory that constituted the
petitioning county before said proclamation, until his term of office shall
expire; at which time he shall deliver to the county superintendent of
schools of the adjoining county, without any demand therefor, all moneys,
books, papers and personal property, belonging to the office of the county
superintendent of the petitioning county, whenever the term of office of
the county superintendent of the petitioning county shall have expired, by
death, resignation, or lapse of time, all notes and mortgages, and other
contracts, payable to, or made in the name of the county superintendent of
the petitioning county may be collected, and in any manner enforced, by
suit, or otherwise, by and in the name of the county superintendent of the
adjoining county. The county superintendent of the petitioning county shall
be subject to the direction and control of the county board of the
adjoining county, in the same manner and to the same extent that he would
have been subject to the county board of the petitioning county, if the
same had continued to have a separate existence as a county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4013) (from Ch. 34, par. 1-4013)
Sec. 1-4013.
County board.
The members of the county board of the
petitioning county and the county board of the adjoining county, after the
date of the Governor's proclamation aforesaid, shall sit together at all
regular and called meetings, as the county board of the adjoining county as
it will be constituted after the proclamation aforesaid. Whenever the term
of office of any one of the members of the county board of the petitioning
county shall expire, by his death or resignation, or refusal to act, or by
lapse of time, the expiration of said term, and the manner thereof shall be
entered upon the records of the said county board of the adjoining county,
and no successor to him shall be elected, and whenever the term of office
of any member of the county board of the adjoining county, elected before
the date of the Governor's proclamation aforesaid, shall expire in any of
the modes hereinbefore mentioned after the date of said proclamation, a
successor to him shall be elected in the adjoining county at large, as it
shall be constituted after the date of the proclamation aforesaid,
including the territory that had constituted the petitioning county before
said proclamation.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4014) (from Ch. 34, par. 1-4014)
Sec. 1-4014.
Death of officer of petitioning county.
If any
county officer of the petitioning county shall die before his term of
office shall have expired, after the proclamation aforesaid, no successor
to him shall be elected to fill his unexpired term.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4015) (from Ch. 34, par. 1-4015)
Sec. 1-4015.
Town officers.
If both the petitioning and adjoining
counties are under township organization, the town officers shall not be in
any manner affected by the union and annexation aforesaid. If the
petitioning county is under township organization, and the adjoining county
is not under township organization, the town officers shall continue to act
as such until their respective terms of office shall expire; and the
members of the county board of the petitioning county shall all sit with,
and as a part of the county board of the adjoining county, as hereinbefore
provided; and after the term of office of said town officers and said
county board of the petitioning county shall expire the said township
organization shall cease to exist. If the adjoining county is under
township organization, and the petitioning county is not under township
organization, immediately after the proclamation of the Governor aforesaid,
the territory that had constituted the petitioning county shall be divided
into towns, in the manner provided in the Township Code.
(Source: P.A. 88-670, eff. 12-2-94.)
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(55 ILCS 5/1-4016) (from Ch. 34, par. 1-4016)
Sec. 1-4016.
Legislative and judicial apportionment to remain.
The territory which constituted the petitioning county shall
continue and remain until the next apportionment of the state for
congressional, legislative or judicial purposes part of the same
congressional district, of the same senatorial district, of the same
judicial grand division, of the same judicial appellate district and of the
same judicial circuit that it constituted part of at the date of the
proclamation aforesaid; and at any election, where the territory that had
constituted the respective counties before said proclamation is in
different districts, the county clerk of the adjoining county shall keep
separate the votes polled in the territory constituting the respective
counties before said proclamation, until the next apportionment aforesaid,
and shall report and return the same separately to the Secretary of State.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4017) (from Ch. 34, par. 1-4017)
Sec. 1-4017.
Transfer of causes.
All cases of every kind that are on
the docket of the circuit court of the petitioning county at the date of
the Governor's proclamation aforesaid, shall be transferred by the clerk of
the circuit court of the adjoining county to the docket of the circuit
court of that county; and all criminal cases so transferred shall be tried
by a jury drawn in the manner provided by law from the qualified jurors
residing within the limits of the territory that had constituted the
petitioning county before the proclamation aforesaid, unless the defendant
in any such criminal case shall consent in open court to be tried by a jury
of the adjoining county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4018) (from Ch. 34, par. 1-4018)
Sec. 1-4018.
Debts; taxes; issuing bonds.
The adjoining county shall
not become liable for the debts of the petitioning county. The county board
of the adjoining county shall have all the powers which the county board of
the petitioning county had at the date of the said proclamation of the
Governor, to levy taxes upon all the property in the territory which had
before the aforesaid proclamation constituted the petitioning county, to
pay the debts of the petitioning county. The county board of the adjoining
county shall have full power to compromise the debts of the petitioning
county; and shall have full power to issue bonds in settlement or
compromise of the debts of the petitioning county, which debts may be
funded by the adjoining county in bonds issued by that county, setting
forth upon their face that the principal and interest of said bonds shall
be paid from taxes levied upon the property within the territory which had
constituted the petitioning county. And the county board of the adjoining
county may submit to the legal voters of the adjoining county, as it will
be constituted after the said proclamation of the Governor, a proposition
to consolidate the debts of the petitioning and adjoining counties; and if
a majority of legal voters of said adjoining county, and a majority of the
legal voters residing in the territory that had constituted the petitioning
county, at any general election shall be in favor of the consolidation of
said debts, the same shall be consolidated, and bonds may be issued
therefor in the name of the adjoining county. All suits that might have
been brought against the petitioning county, may be brought after the
proclamation aforesaid against the adjoining county; and any judgment that
may be rendered in said suits may be paid by taxation upon the property in
the territory that had constituted the petitioning county. In any funding
of the consolidated debts of the said petitioning or adjoining county, the
bonds issued shall not bear a greater rate of interest than five per cent.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-5 heading) Division 1-5.
County Seats
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(55 ILCS 5/1-5001) (from Ch. 34, par. 1-5001)
Sec. 1-5001.
Boundaries.
In counties of 300,000 inhabitants or
over, where the county seat is entirely located within the corporate limits
of a city or village, the boundaries of such county seat shall be the same
as the boundaries of such city or village, as the same are now, or may
hereafter be, constituted.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5002) (from Ch. 34, par. 1-5002)
Sec. 1-5002.
Boundaries; Counties of 300,000 or less.
In counties of 300,000 inhabitants or less, where the county seat is
entirely located within the corporate limits of a city or village, the
boundaries of such county seat shall be the same as the boundaries of such
city or village, as the same are now or hereafter constituted. However, the
county board may by resolution adopted by a majority thereof extend the
boundaries of such county seat to add to the territorial area of such
county seat such unincorporated land in the county contiguous to the county
seat as the resolution may describe; but in no event may such extension
include any land situated more than one mile from the county seat as then
existing.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5003) (from Ch. 34, par. 1-5003)
Sec. 1-5003.
Time of holding elections.
All elections for the removal
of county seats shall be held at general elections in accordance with the
general election law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5004) (from Ch. 34, par. 1-5004)
Sec. 1-5004.
Notice of petition to move county seat.
Public
notice shall be given of the intention to circulate a
petition praying for an election for the removal of the county seat of any
county from its then present location to some other point within said
county, and in said petition designated, at least 10 days before the same
is circulated, by publication in some newspaper printed in said county, and
by posting 3 printed notices in 3 public places at the county seat, one of
which shall be placed on the door of the county seat building, and a like
number at the place to which the county seat is proposed to be removed, in
which notices the intent of such petition shall be set forth; and all
signers to such petition procured before such notice is given or procured,
6 months before the first day of September next following shall be void,
and stricken from such petition; and whenever such petition or petitions
addressed to the circuit court of such county, and stating the time when
such election shall be held, shall be signed by a number of legal voters of
said county, at general elections, who are not residents of the city or
township (if the county seat is not in a city) in which the county seat is
located, equal in number to two-fifths of all the votes cast in said county
at the last preceding presidential election therein, and shall be filed in
the office of the clerk of the circuit court of said county, not less than
40 nor more than 80 days before the first day of the next September such
petition shall be deemed a proposal to remove the county seat of such
county, and the point designated in said petition shall be deemed and taken
as fixed by said petition, in pursuance of law, whenever the court shall
order an election to such point as hereinafter provided, as the point to
which it is proposed to remove the county seat of such county. There shall
also be filed in the office of said clerk, with said petitions, an
affidavit of 3 legal voters of said county, stating whether or not the
point named in the said petition or petitions, to which it is proposed to
remove the county seat of such county, is nearer to or further from the
center of such county than the county seat; which affidavit may be
traversed by the affidavit of any other 3 legal voters of said county,
within 10 days from the filing thereof; and if so traversed the court
shall, at such time during the said month of September as such court shall
fix upon after hearing evidence in the case, decide whether or not the
point to which it is proposed to remove the county seat is nearer to or
further from the center of said county than the county seat.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5005) (from Ch. 34, par. 1-5005)
Sec. 1-5005.
Qualifications of petitioner.
Each petitioner signing
such petition shall write or cause to be written opposite to his name on
said petition, the name of the city and ward in which he then resides, if
he resides in a city, or if he does not reside in a city, then the name of
the precinct or township in which he resides at the time of signing such
petition; and no person shall sign such petition unless he shall be, at the
time, a legal voter in said county at general elections.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5006) (from Ch. 34, par. 1-5006)
Sec. 1-5006.
Petition open to inspection.
Said petition or petitions
shall, after the same are filed in the office of the clerk of the circuit
court, be open to the inspection of any and all citizens of the county, but
shall not be removed therefrom.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5007) (from Ch. 34, par. 1-5007)
Sec. 1-5007.
Contesting petition.
Any citizen and legal voter at
general elections in said county may contest the right of any person, whose
name is subscribed to said petition, to sign such petition under this
Division, and shall also have the right to
contest said petition as to any names subscribed thereto that he shall have
good reason to believe, and does believe, as fictitious, and no other:
Provided, he shall, 10 days before the first day of the said month of
September file in the office of the clerk of the court of such county a
list of the names of such persons whose right to sign such petition he is
desirous of contesting, together with his affidavit, indorsed thereon, that
he has good reason to believe, and does verily believe, that such persons
named in said list are not legal voters of such county, and had no right in
law to sign said petition; and shall also file in the office of said clerk,
10 days before said first day of September a list of such names as he has
reason to believe are fictitious, together with his affidavit, indorsed
thereon, that he has good reason to believe, and does verily believe, that
such names are fictitious; and such persons shall have the right to contest
such petitions only as to the names included in said lists.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5008) (from Ch. 34, par. 1-5008)
Sec. 1-5008.
Notice of filing petition; hearing.
Whenever such
petition or petitions and affidavit named in Section 1-5004 shall be filed
in the office of the clerk of the circuit court of such county, it shall be
the duty of the clerk, within 10 days from the date of the filing of said
petition or petitions and affidavit in his office, to cause to be published
in one or more newspapers published in such county, and if no newspaper
shall be published in said county, then in the newspaper published nearest
to the county seat of said county, a notice that such petition or petitions
and affidavit have been filed in his said office, stating the time when
they were so filed, and setting forth therein the substance of such
petition or petitions and affidavit, and giving notice that on the first
day of September following said court will hear testimony for and against
said petitions, as to the list or lists of names on such petition, as may
be filed in his office under and in compliance with Section 1-5007, and for
or against such affidavit if the same has been traversed as provided in
Section 1-5004. It shall be the duty of said court, on the first day of
September and at such times in said month as it may direct to hear all
evidence for and against said petition or petitions, as to the list or
lists of names, filed in said court under Section 1-5007, and to strike
from such petition or petitions all such names proven by competent evidence
to be fictitious, or the names of persons having no legal right to sign the
same under this Division; and in case there shall be but one petition and
no contest as to the same, or if there shall be a contest as to the same,
and said petition shall after striking therefrom all fictitious and illegal
names, still contain the number of names of legal voters required by
Section 1-5004, the court shall order said election, according to the
prayer of said petition. But in case there shall be two petitions filed in
said court, praying for a vote to remove the county seat of such county to
different points in said county, each, after striking therefrom all illegal
and fictitious names, still being signed by two-fifths of the legal voters
of the county, as required by Section 1-5004, then if a petition praying
for a vote to remove the county seat nearer to the geographical center of
the county than the point named in the other petition shall be signed by a
number of names equal to or greater than one-half of the sum of the names
signed to the two petitions, the said court shall order the election for
the removal of the county seat to that point nearest to the geographical
center of the county, according to the prayer of said petition; but if the
other of said two petitions shall be signed by a number of legal voters of
said county equal to three-fifths of the sum of the names signed to the two
petitions, then the court shall order the election for the removal of the
county seat of such county to said last mentioned point, and not otherwise.
In case of a contest as to said petition or petitions, as provided for in
this Division it shall be the duty of the clerk of said court, on the
request of the person contesting any petition under the provisions of this
Division, to issue subpoenas for such witnesses as said person shall name;
and it shall be the duty of said clerk, on request of any legal voter of
the county, for the purpose of sustaining any petition, in like manner to
issue subpoenas for such witnesses as he shall name -- said subpoenas to be
made returnable on the date upon which such contest will be made.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5009) (from Ch. 34, par. 1-5009)
Sec. 1-5009.
Precedence of cases of contest.
All cases of contest
arising upon said petitions or affidavit shall have precedence over all
other cases during September in such court, and shall be heard and
determined before the expiration of said month if possible.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5010) (from Ch. 34, par. 1-5010)
Sec. 1-5010.
Challengers.
Whenever the court shall order any county
seat election under the provisions of this Division, the court shall
appoint three resident legal voters of the point to which it is proposed to
remove the county seat, for each and every voting place in the city,
precinct or township in which the county seat is situated, also to appoint
three resident legal voters of the county seat for each and every voting
place in the city, precinct or township to which it is proposed to remove
the county seat, to sit with the regular judges to act as challengers of
election at the voting places to which they are respectively assigned, and
it shall be their duty to act as such challengers and to challenge any and
all persons whom they have good reason to believe are not legal voters at
such county seat election, and they shall sit with such judges of election
until the close of said election, and during the canvass of the votes at
said election. The said challengers, who are thus appointed to act with the
regular judges of election, may, if they desire so to do, make an affidavit
before any person authorized to administer oaths, setting forth in such
affidavit that they have been appointed, as above provided, out of the
city, precinct, township or ward where they would otherwise be voters, and
that they desire to vote at such county seat election; which affidavit,
together with the ballot, shall be sealed up in an envelope and left with
one of the judges of election for the precinct, and on the day of election
shall be by him presented to the board of election and opened in their
presence. The affidavit shall be filed, kept and returned with the ballots
for that precinct as other affidavits are, and the ballot shall be numbered
and deposited in the ballot box, and the name entered on the poll books the
same as other votes are.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5011) (from Ch. 34, par. 1-5011)
Sec. 1-5011.
Form of proposition.
The proposition at any county seat
referendum shall be in substantially the following form: "For removal," or
"Against removal."
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5012) (from Ch. 34, par. 1-5012)
Sec. 1-5012.
No registration required.
No registration of voters
shall be made or required for holding any county seat election under this
Division. The board of election shall, in each township, precinct or ward,
keep two lists or poll books of the names of the persons whose votes are
received; each name shall be numbered, and a corresponding number marked on
each ballot before it is placed in the ballot box, which said poll books
shall each be certified as correct by the judges of election. At the close
of the polls in each precinct, township or ward, the board of election
shall canvass the votes cast at such poll or voting district, and shall
make two tally lists, one of which, together with one of the aforesaid poll
books, and the ballots cast in such precinct, township or ward, properly
strung, and the affidavits made at such election, and certificate of the
result of the election made and certified by such board, shall be sealed up
together and delivered by one of the board of election, to be selected by
the board at that time, to the county clerk, within four days thereafter.
The other poll book and tally list shall be retained by one of the judges
of election for that township, precinct or ward.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5013) (from Ch. 34, par. 1-5013)
Sec. 1-5013.
Qualifications of voters; oaths.
No person shall
vote at the election who does not possess the qualifications mentioned in
the affidavit in this Section. Any person offering to vote at any county
seat election, whose right to vote shall be challenged by any challenger,
member of the board of election, or by any voter of the county, shall
answer under oath such questions as may be propounded to him touching his
qualifications as a voter, and shall take and subscribe the following oath:
State of Illinois, .... County.
I do solemnly swear that I am a citizen of the United States, and of
this State; that I am of the age of 18 years or over; that I have resided in
this State for 30 days immediately preceding this election; that I am a
bona fide resident of this county, and have permanently resided herein for
the last 30 days immediately preceding this election; that I am a legal
voter of (here insert the name of the election precinct), and have
permanently resided therein for the last 30 days immediately preceding this
election, and that I have not voted at this election.
(Signed)
A .... B ....
He shall also procure two witnesses, who are at that time legal voters
of the township or precinct, who shall take and subscribe the following
oath, namely: State of Illinois, .... County.
We the undersigned do solemnly swear that we are voters, and legally
entitled to vote at this election; that we have known A .... B .... the
person now offering to vote at this election, for 30 days; that he has
been a permanent resident of this county for 30 days last past, and for
the 30 days immediately preceding this election has permanently resided in
(township or precinct.)
C .... D ....
E .... F ....
Which oaths shall be subscribed and sworn before any officer authorized
to administer oaths. The board of election shall receive and count the vote
of any challenged person who shall present to them, with his vote, the
oaths aforesaid. The oaths shall all be carefully preserved by the board of
election, and returned and kept with the poll book, tally list and ballots,
as provided by this Division. Any person swearing falsely concerning his right
to vote, or concerning the right of another to vote at any such election,
or any person who shall cast a fraudulent vote at any such election or who
shall vote at such election, not having a right to vote at such election,
or who shall cast a vote at such election in any other name than his own,
or who shall vote more than once at such election, shall be guilty of a
Class 4 felony.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/1-5014) (from Ch. 34, par. 1-5014)
Sec. 1-5014.
Evidence of number of voters; contesting election.
The
number of legal votes cast at any county seat election held under this
Division shall be deemed and taken for the purpose of such an election as
prima facie evidence of the number of legal voters of that county at that
time entitled to vote on the question; but in case it becomes necessary, in
consequence of a contest of an election held under this Division, to
ascertain the number of voters of the county entitled to vote upon the
question, the court in which the contest is pending may ascertain the
number of such voters by taking, or causing to be taken, legal evidence,
tending to show the actual number of the legal voters of the county
entitled to vote upon such question at the time of such election. Circuit
courts shall have jurisdiction of all cases of contested election arising
under this Division, and may investigate and determine all questions of
fraud and fraudulent voting connected therewith, and purge the poll books
and returns of all illegal or fraudulent votes; and may investigate and
ascertain the total number of legal voters of the county at the time of
such election entitled to vote on the question, whether they voted or not,
and ascertain and determine whether such election was fairly carried by 3/5
or a majority of all the legal voters of the county, as required by the
Constitution, and enter such judgment as the circumstances of the case may
require. Any of the legal voters and taxpayers of the county who may desire
to do so, as well as the town, city or village to or from which it is
proposed to remove such county seat, may be made, or on their petition may
become parties to such actions, either as plaintiff or defendant.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5015) (from Ch. 34, par. 1-5015)
Sec. 1-5015.
Canvass of votes.
On or before the first Tuesday after
said election the county canvassing board shall open and canvass the votes
and returns of the election, in the manner provided by the general election
law; the result of which canvass shall be entered of record in the circuit
court in counties not under township organization, and in the records of
the county board in counties under township organization and a copy thereof
also shall be duly certified and delivered to the Secretary of State. If a
3/5 majority of the votes cast on the question are in favor of removal, the
county seat shall be removed to the point named.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5016) (from Ch. 34, par. 1-5016)
Sec. 1-5016.
Effect of majority and three-fifths vote.
When
the attempt is made by such an election to remove a county
seat to a point nearer to the center of such county than the county seat
then is, and a majority of the legal voters of said county entitled to vote
on the question of removal shall be "for removal," the county seat is
thereby removed to the point named in the petition. When the attempt is
made by such an election to remove a county seat to a point not nearer to
the center than the county seat then is, and three-fifths of the legal
voters of said county entitled to vote on the question shall be "for
removal," then said county seat of said county is thereby removed to the
point named in the petition.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5017) (from Ch. 34, par. 1-5017)
Sec. 1-5017.
Neglect of duty.
Any member of the board of election,
judge, clerk, sheriff, or any other officers or persons who may be charged
with the performance of any duty under this Division, and who shall
wilfully fail therein, or shall perform such duty otherwise than is in this
Division prescribed, shall be guilty of a Class A misdemeanor.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-6 heading) Division 1-6.
Actions
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(55 ILCS 5/1-6001) (from Ch. 34, par. 1-6001)
Sec. 1-6001.
Venue of suits by or against county.
All actions, local or transitory, against any county, may be
commenced and prosecuted to final judgment in the circuit court in the
county against which the action is brought. Any action, local or
transitory, in which any county shall be plaintiff, may be commenced and
prosecuted to final judgment in the county in which the defendant in such
action resides.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6002) (from Ch. 34, par. 1-6002)
Sec. 1-6002.
Jurors and witnesses.
In all actions
brought by or against any county, the inhabitants
of the county so suing or being sued may be jurors or witnesses, if
otherwise competent or qualified according to law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6003) (from Ch. 34, par. 1-6003)
Sec. 1-6003.
Duty of county board to prosecute and defend
suit. It shall be the duty of the county boards of each of the counties
of this State to take and order suitable and proper measures for the
prosecuting and defending of all suits to be brought by or against their
respective counties, and all suits which it may become necessary to
prosecute or defend to enforce the collection of all taxes charged on the
state assessment.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6004) (from Ch. 34, par. 1-6004)
Sec. 1-6004.
Payment of judgment against county.
A
judgment against a county shall not, in any case, be enforced
against the lands or other property of a county; but when judgment is
entered against a county, the county board shall direct an order to be
drawn on the county treasurer for the amount of the judgment and costs,
which orders shall be paid as other county debts.
A. Whenever the county board in any county shall in any year determine
the amount of all taxes to be raised for county purposes, such board shall
include among the purposes for which such taxes are to be raised the
payment of any outstanding judgment or judgments against such county for
the payment of which no other provisions have been made.
B. The county board may provide for the payment of any such judgment or
judgments and the interest thereon in equal annual installments, not
exceeding however 10 in number, and may include one of such
installments in the amount of taxes to be raised for county purposes in
each year, but the aggregate amount of all taxes to be raised for county
purposes shall not in any year exceed the rate of 75 cents on the $100
valuation of property unless authorized by a vote of the people of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6005) (from Ch. 34, par. 1-6005)
Sec. 1-6005.
Allowance or disallowance of claims; appeal.
The
county board shall determine whether any claim against
the county should be allowed, disallowed or in the alternative the board
may by resolution require the submission of a verified affidavit by the
claimant stating that the several items therein mentioned are just and
true, and the services charged therein, or articles furnished, as the
case may be, were rendered or furnished as therein charged, and that the
amount claimed is due and unpaid after allowing all just credits.
The county board may make cash advances to all county officials and
employees for travel and related expenses if sufficient funds have been
budgeted and are available in the appropriate county fund.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6006) (from Ch. 34, par. 1-6006)
Sec. 1-6006.
Delegation of authority to determine claims.
Under
the provisions of this Section, the county board may by
resolution delegate its authority to allow or disallow claims made against
the county to the individuals herein named.
For the purposes of this Section, the term "county officials" is defined
as members of the county board, designated elected county officers, and
county officers charged with fiscal management of the county who have been
duly appointed by county board resolution.
The county board may by resolution designate members of a committee of the
county board, or the County Treasurer and the County Clerk, or if there
is a County Auditor or duly appointed county officer responsible for the
fiscal management of the county, then the County Treasurer and the County
Auditor or duly appointed county officer responsible for the fiscal management
of the county, to determine whether some or all claims against the county
should be allowed or disallowed, if sufficient funds have been budgeted and
are available in the appropriate county fund. Or in the alternative, the
designated county officials shall request the county board by resolution
to require the submission of a verified affidavit by claimant stating that
the several items therein mentioned are just and true, and the
services charged therein, or articles furnished, as the case may be, were
rendered or furnished as therein charged, and that the amount claimed is
due and unpaid after allowing all just credits. When the claim is disallowed,
in whole or part, by the designated officials, and the nature of the claim
is not such that the allowance is discretionary, such person may appeal
from the decision of the authorized county officials to the circuit court
of the same county, upon filing bond with the clerk of such court within
20 days after the rendition of the decision, with such security as shall
be approved by such clerk in the penal sum of $250, payable to the People
of the State of Illinois, for the use of such county, conditioned that he
will prosecute the appeal with effect, and pay all costs that may be assessed.
The county board may authorize the designated county officials to make
cash advances to all county officials and county employees
for travel and related expenses if sufficient funds have been budgeted and
are available in the appropriate county fund.
If the authority to pay claims submitted against the county is delegated
as provided in this Section, the County Clerk, or if there is a County Auditor
or duly appointed county officer responsible for fiscal management of the
county, then the County Auditor or duly appointed county officer responsible
for the management
of the county, shall file a monthly report of all claims paid in the prior
month to the chairman and all other members of the county board. For each
claim paid, the monthly report shall identify the creditor, the department
or county official which purchased the product or service, the fund from
which the payment was made, the amount of the payment and the date the check was issued.
In addition to any other remedies provided by law, the County Board may
recover any unauthorized payment from the person receiving it and may seek
the assistance of the State's Attorney in that regard.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6007) (from Ch. 34, par. 1-6007)
Sec. 1-6007.
Review under Administrative Review Law.
The decisions of
the county board are subject to judicial review under the Administrative
Review Law, as now or hereafter amended.
(Source: P.A. 86-962.)
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