HB3317 101ST GENERAL ASSEMBLY

LRB101 11190 AWJ 56434 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3317

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

See Index

Creates the McHenry County Equitable Standards and Governmental Efficiency Law in the Counties Code. Allows the county board to require the election of specified special district trustees that it appoints. Allows the county board chairperson to: eliminate advisory committees or commissions; create standing committees and appoint members; set county board or committee meeting agendas; have line-item veto powers; and hire independent legal counsel or a parliamentarian or both; approve all appropriation expenditures before they are paid; reduce or divert moneys from a county fund with assets exceeding 150% of the previous year's expenditures on a ratable basis to taxpayers. Allows the county board to appoint an inspector general to investigate waste, fraud, and abuse. Provides that, on the effective date of the amendatory Act, the elected chairperson of the county board is a county office distinct from the county board. Terminates the office of county recorder and the office of the county auditor. Amends the Local Government Reduction and Efficiency Division of the Counties Code. Provides that a county board may prohibit or limit a unit of local government that it has proposed to consolidate from starting a capital program, building project, or land acquisition for a set period of time, not to exceed 2 years, while the county board pursues possible consolidation. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 5-44065 and Division 5-45 as follows:

(55 ILCS 5/5-44065 new)

Sec. 5-44065. Moratorium on capital programs, building projects, and land acquisition for a unit facing consolidation. A county board may, by resolution, prohibit or limit a unit of local government that it has proposed to consolidate under Section 5-44025 from starting a capital program, building project, or land acquisition for a set period of time, not to exceed 2 years, while the county board pursues possible consolidation. The resolution does not prevent the unit of local government from building infrastructure in the event of a disaster or other bona fide emergency.

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

Division 5-45. McHenry County Equitable

Standards and Governmental Efficiency

(55 ILCS 5/5-45001 new)

Sec. 5-45001. Construction; reference to Division.

(a) This Division applies to McHenry County. If there is a conflict between the provisions of this Division and any other provision of law, the provisions of this Division will control.

(b) This Division may be referred to as the McHenry County Equitable Standards and Governmental Efficiency Law.

(55 ILCS 5/5-45005 new)

Sec. 5-45005. Direct election of special district trustees. For any special district trustee the county board appoints relating to fire protection or other emergency services, the county board may, by resolution or ordinance, require that the electors of the applicable special district elect those trustees.

(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 adequate cause the chairperson may find: (1) infrequency of committee or commission meetings; or (2) lack of qualified candidates coming forward for appointment to 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 elected by the voters of the county 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, including committee meetings of the county board.

(55 ILCS 5/5-45025 new)

Sec. 5-45025. Office of the county auditor discontinued. At the end of the term of the county auditor in office on the effective date of this amendatory Act of the 101st General Assembly, the office of the county auditor is discontinued. The county board shall appoint a nationally recognized public accounting firm to perform the duties formerly performed by the office of the county auditor.

(55 ILCS 5/5-45030 new)

Sec. 5-45030. County inspector general. The county board may appoint an inspector general to investigate waste, fraud, and abuse. The inspector general may turn over any findings of waste, fraud, and abuse to the State's Attorney for prosecution.

(55 ILCS 5/5-45035 new)

Sec. 5-45035. 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.

(55 ILCS 5/5-45040 new)

Sec. 5-45040. Veto power of the chairperson.

(a) The chairperson may reduce or veto any appropriations made by the county board. Appropriations not reduced or vetoed are adopted.

(b) The county board may override the chairperson's line-item reduction or veto by a three-fifths majority vote of the board. If a reduced appropriation is not restored as provided in this subsection, the appropriation shall be adopted in the reduced amount.

(55 ILCS 5/5-45045 new)

Sec. 5-45045. Independent legal counsel; parliamentarian. The chairperson of the county board may hire an independent legal counsel or parliamentarian or both using county funds to represent the chairperson relating to county matters. If the chairperson hires an independent legal counsel or parliamentarian or both, the chairperson must reduce county spending in the amount required for expenditures under this Section. The reduction may be made anywhere in the budget at the discretion of the chairperson.

(55 ILCS 5/5-45050 new)

Sec. 5-45050. County board chairperson; funding. On the effective date of this amendatory Act of the 101st General Assembly, the elected chairperson of the county board is a county office distinct from the county board. The county board shall provide adequate funding for the chairperson to have the resources and staff required to fulfill his or her duties. The county 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 5/5-45055 new)

Sec. 5-45055. County board health insurance. Health insurance benefits paid on behalf of county board members are eliminated on the effective date of this amendatory Act of the 101st General Assembly. The additional funding granted to the chairperson under Section 5-45050 shall not exceed the health insurance benefits eliminated under this Section.

(55 ILCS 5/5-45060 new)

Sec. 5-45060. Release of appropriated funds. The chairperson of the county board shall review each appropriated item. No money appropriated by the county board is obligated by the county unless the chairperson releases the money.

(55 ILCS 5/5-45065 new)

Sec. 5-45065. 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 on a ratable basis to taxpayers.

(55 ILCS 5/5-45070 new)

Sec. 5-45070. County clerk and county recorder consolidation. On the effective date of this amendatory Act of the 101st General Assembly: (1) the office of the county recorder shall cease and the county recorder's term terminated; and (2) all duties, personnel of the county recorder, and applicable agreements, including, but not limited to, collective bargaining agreements relating to personnel, are transferred to the county clerk.

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