97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2000

 

Introduced 2/10/2011, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/2A-1.2  from Ch. 46, par. 2A-1.2
70 ILCS 810/2.1  from Ch. 96 1/2, par. 6403
70 ILCS 810/5  from Ch. 96 1/2, par. 6408
70 ILCS 810/14  from Ch. 96 1/2, par. 6417
70 ILCS 810/20  from Ch. 96 1/2, par. 6423

    Amends the Cook County Forest Preserve District Act. Provides that, beginning with the general election in 2014, the commissioners of the Forest Preserve District of Cook County shall be elected from 3 specified election districts (instead of the county board of commissioners serving as the board). Provides the election procedures and terms of office for the 9 commissioners. Provides that the president, with the advice and consent of the board of commissioners, must appoint a general superintendent. Provides that the general superintendent is the chief administrative officer of the district. Amends the Election Code. Provides that, at the general election in the appropriate even-numbered years, the offices of commissioner of the Forest Preserve District of Cook County shall be filled. Contains other provisions. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2000LRB097 09774 RLJ 49915 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
52A-1.2 as follows:
 
6    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
7    Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
8Designated.
9    (a) At the general election in the appropriate
10even-numbered years, the following offices shall be filled or
11shall be on the ballot as otherwise required by this Code:
12        (1) Elector of President and Vice President of the
13    United States;
14        (2) United States Senator and United States
15    Representative;
16        (3) State Executive Branch elected officers;
17        (4) State Senator and State Representative;
18        (5) County elected officers, including State's
19    Attorney, County Board member, County Commissioners, and
20    elected President of the County Board or County Chief
21    Executive;
22        (6) Circuit Court Clerk;
23        (7) Regional Superintendent of Schools, except in

 

 

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1    counties or educational service regions in which that
2    office has been abolished;
3        (8) Judges of the Supreme, Appellate and Circuit
4    Courts, on the question of retention, to fill vacancies and
5    newly created judicial offices;
6        (9) (Blank);
7        (10) Trustee of the Metropolitan Sanitary District of
8    Chicago, and elected Trustee of other Sanitary Districts;
9        (11) Special District elected officers, not otherwise
10    designated in this Section, where the statute creating or
11    authorizing the creation of the district requires an annual
12    election and permits or requires election of candidates of
13    political parties; .
14        (12) Forest preserve district commissioners elected
15    under Section 5 of the Cook County Forest Preserve District
16    Act.
17    (b) At the general primary election:
18        (1) in each even-numbered year candidates of political
19    parties shall be nominated for those offices to be filled
20    at the general election in that year, except where pursuant
21    to law nomination of candidates of political parties is
22    made by caucus.
23        (2) in the appropriate even-numbered years the
24    political party offices of State central committeeman,
25    township committeeman, ward committeeman, and precinct
26    committeeman shall be filled and delegates and alternate

 

 

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1    delegates to the National nominating conventions shall be
2    elected as may be required pursuant to this Code. In the
3    even-numbered years in which a Presidential election is to
4    be held, candidates in the Presidential preference primary
5    shall also be on the ballot.
6        (3) in each even-numbered year, where the municipality
7    has provided for annual elections to elect municipal
8    officers pursuant to Section 6(f) or Section 7 of Article
9    VII of the Constitution, pursuant to the Illinois Municipal
10    Code or pursuant to the municipal charter, the offices of
11    such municipal officers shall be filled at an election held
12    on the date of the general primary election, provided that
13    the municipal election shall be a nonpartisan election
14    where required by the Illinois Municipal Code. For partisan
15    municipal elections in even-numbered years, a primary to
16    nominate candidates for municipal office to be elected at
17    the general primary election shall be held on the Tuesday 6
18    weeks preceding that election.
19        (4) in each school district which has adopted the
20    provisions of Article 33 of the School Code, successors to
21    the members of the board of education whose terms expire in
22    the year in which the general primary is held shall be
23    elected.
24    (c) At the consolidated election in the appropriate
25odd-numbered years, the following offices shall be filled:
26        (1) Municipal officers, provided that in

 

 

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1    municipalities in which candidates for alderman or other
2    municipal office are not permitted by law to be candidates
3    of political parties, the runoff election where required by
4    law, or the nonpartisan election where required by law,
5    shall be held on the date of the consolidated election; and
6    provided further, in the case of municipal officers
7    provided for by an ordinance providing the form of
8    government of the municipality pursuant to Section 7 of
9    Article VII of the Constitution, such offices shall be
10    filled by election or by runoff election as may be provided
11    by such ordinance;
12        (2) Village and incorporated town library directors;
13        (3) City boards of stadium commissioners;
14        (4) Commissioners of park districts;
15        (5) Trustees of public library districts;
16        (6) Special District elected officers, not otherwise
17    designated in this section, where the statute creating or
18    authorizing the creation of the district permits or
19    requires election of candidates of political parties;
20        (7) Township officers, including township park
21    commissioners, township library directors, and boards of
22    managers of community buildings, and Multi-Township
23    Assessors;
24        (8) Highway commissioners and road district clerks;
25        (9) Members of school boards in school districts which
26    adopt Article 33 of the School Code;

 

 

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1        (10) The directors and chairman of the Chain O Lakes -
2    Fox River Waterway Management Agency;
3        (11) Forest preserve district commissioners elected
4    under Section 3.5 of the Downstate Forest Preserve District
5    Act;
6        (12) Elected members of school boards, school
7    trustees, directors of boards of school directors,
8    trustees of county boards of school trustees (except in
9    counties or educational service regions having a
10    population of 2,000,000 or more inhabitants) and members of
11    boards of school inspectors, except school boards in school
12    districts that adopt Article 33 of the School Code;
13        (13) Members of Community College district boards;
14        (14) Trustees of Fire Protection Districts;
15        (15) Commissioners of the Springfield Metropolitan
16    Exposition and Auditorium Authority;
17        (16) Elected Trustees of Tuberculosis Sanitarium
18    Districts;
19        (17) Elected Officers of special districts not
20    otherwise designated in this Section for which the law
21    governing those districts does not permit candidates of
22    political parties.
23    (d) At the consolidated primary election in each
24odd-numbered year, candidates of political parties shall be
25nominated for those offices to be filled at the consolidated
26election in that year, except where pursuant to law nomination

 

 

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1of candidates of political parties is made by caucus, and
2except those offices listed in paragraphs (12) through (17) of
3subsection (c).
4    At the consolidated primary election in the appropriate
5odd-numbered years, the mayor, clerk, treasurer, and aldermen
6shall be elected in municipalities in which candidates for
7mayor, clerk, treasurer, or alderman are not permitted by law
8to be candidates of political parties, subject to runoff
9elections to be held at the consolidated election as may be
10required by law, and municipal officers shall be nominated in a
11nonpartisan election in municipalities in which pursuant to law
12candidates for such office are not permitted to be candidates
13of political parties.
14    At the consolidated primary election in the appropriate
15odd-numbered years, municipal officers shall be nominated or
16elected, or elected subject to a runoff, as may be provided by
17an ordinance providing a form of government of the municipality
18pursuant to Section 7 of Article VII of the Constitution.
19    (e) (Blank).
20    (f) At any election established in Section 2A-1.1, public
21questions may be submitted to voters pursuant to this Code and
22any special election otherwise required or authorized by law or
23by court order may be conducted pursuant to this Code.
24    Notwithstanding the regular dates for election of officers
25established in this Article, whenever a referendum is held for
26the establishment of a political subdivision whose officers are

 

 

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1to be elected, the initial officers shall be elected at the
2election at which such referendum is held if otherwise so
3provided by law. In such cases, the election of the initial
4officers shall be subject to the referendum.
5    Notwithstanding the regular dates for election of
6officials established in this Article, any community college
7district which becomes effective by operation of law pursuant
8to Section 6-6.1 of the Public Community College Act, as now or
9hereafter amended, shall elect the initial district board
10members at the next regularly scheduled election following the
11effective date of the new district.
12    (g) At any election established in Section 2A-1.1, if in
13any precinct there are no offices or public questions required
14to be on the ballot under this Code then no election shall be
15held in the precinct on that date.
16    (h) There may be conducted a referendum in accordance with
17the provisions of Division 6-4 of the Counties Code.
18(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
19eff. 8-9-96; 90-358, eff. 1-1-98.)
 
20    Section 10. The Cook County Forest Preserve District Act is
21amended by changing Sections 2.1, 5, 14, and 20 as follows:
 
22    (70 ILCS 810/2.1)  (from Ch. 96 1/2, par. 6403)
23    Sec. 2.1. Definition of board. "Board" means the board of
24commissioners for the Forest Preserve District of Cook County

 

 

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1county board of commissioners when acting as the governing body
2of a forest preserve district.
3(Source: P.A. 80-320.)
 
4    (70 ILCS 810/5)  (from Ch. 96 1/2, par. 6408)
5    Sec. 5. Election of commissioners. Prior to December 1,
62014, the The county board of commissioners of the county in
7which a forest preserve district is located shall be the forest
8preserve district board of such district and the president of
9the county board shall be the president of the forest preserve
10district board. The members shall act without any other pay
11than that already provided by law.
12    Beginning on December 1, 2014, the affairs of the district
13shall be managed by a board of commissioners consisting of 9
14members. Beginning with the general election held in 2014 and
15at each succeeding general election, the commissioners shall be
16elected from the 3 election districts for the Cook County Board
17of Review created under Section 5-5 of the Property Tax Code.
18Candidates for commissioner shall not be candidates of
19established political parties, but shall be non-partisan. Each
20commissioner must be a resident of the election district for at
21least one year prior to the commencement of the term of office.
22Nomination of candidates for the office of commissioner at the
23initial and each succeeding election shall be made by petition
24signed in the aggregate for each candidate by not less than
251,000 qualified voters of the election district.

 

 

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1    At the 2014 general election, 3 commissioners shall be
2elected from each election district. No later than 30 days
3after the 2014 general election, the county clerk shall divide
4the commissioners publicly by lot into 3 equal groups, with one
5commissioner from each election district in each group.
6Commissioners or their successors from group one shall be
7elected to initial terms of 6 years. Commissioners or their
8successors from the second group shall be elected to initial
9terms of 4 years. The commissioners or their successors from
10the third group shall be elected to initial terms of 2 years.
11Thereafter, each commissioner shall be elected for a 6-year
12term. The commissioners shall elect from their number a
13president for a 2-year term.
14    The term of office for the commissioners elected under this
15Section shall begin on the first Monday of the month following
16the month of the election. Each commissioner before entering
17upon the duties of his or her office shall take an oath to
18faithfully discharge his or her duties as a commissioner. The
19commissioners shall hold their office until their successors
20are elected and have qualified. No commissioner shall serve
21simultaneously as a commissioner and a member or chairperson of
22another countywide elected board, commission, or agency.
23     If a vacancy in the position of board president or
24commissioner occurs, other than by expiration of the
25president's or commissioner's term, the board shall declare
26that a vacancy exists. If the vacancy occurs in the office of

 

 

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1the president, the board shall, within 30 days after the date
2of the vacancy, appoint a person to serve for the remainder of
3the unexpired term or until his or her successor is elected and
4has qualified. If a vacancy occurs in the office of forest
5preserve district commissioner, the president of the board
6shall, within 60 days after the date of the vacancy, with the
7advice and consent of the other commissioners then serving,
8appoint a person to serve for the remainder of the unexpired
9term or until his or her successor is elected and has
10qualified. If more than 28 months remain in the unexpired term
11of a commissioner, the appointment shall be until the next
12general election, at which time the vacated office shall be
13filled by election for the remainder of the term.
14    All commissioners elected or appointed under this Section
15shall serve without compensation, but they shall be reimbursed
16for their reasonable expenses actually incurred in performing
17their official duties.
18(Source: P.A. 80-320.)
 
19    (70 ILCS 810/14)  (from Ch. 96 1/2, par. 6417)
20    Sec. 14. Powers of board; officers. The board, as corporate
21authority of a forest preserve district, shall have power to
22pass and enforce all necessary ordinances, rules and
23regulations for the management of the property and conduct of
24the business of such district. The board shall set the policies
25and goals for the district. The president of such board, with

 

 

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1the advice and consent of the board of commissioners, must
2appoint a general superintendent to manage the forest preserve
3district and shall have power to appoint a secretary and an
4assistant secretary, and treasurer and an assistant treasurer
5and such other officers and such employees as may be necessary,
6all of whom, excepting the treasurer and attorneys, shall be
7under civil service rules and regulations, as provided in
8Section 17 of this Act. The appointed officers do not need to
9be members of the board. The general superintendent is the
10chief administrative officer of the district and shall
11supervise and be responsible for all administrative and
12operational matters of the forest preserve district. The
13general superintendent must be a resident of the forest
14preserve district. He or she must be selected solely based on
15his or her administrative and technical qualifications and
16without regard to his or her political affiliations. The
17general superintendent shall not serve simultaneously as the
18general superintendent and a commissioner. The assistant
19secretary and assistant treasurer shall perform the duties of
20the secretary and treasurer, respectively, in case of death of
21said officers or when said officers are unable to perform the
22duties of their respective offices because of absence or
23inability to act. All contracts for supplies, material or work
24involving an expenditure by forest preserve districts in excess
25of $25,000 shall be let to the lowest responsible bidder, after
26due advertisement, excepting work requiring personal

 

 

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1confidence or necessary supplies under the control of
2monopolies, where competitive bidding is impossible. Contracts
3for supplies, material or work involving an expenditure of
4$25,000 or less may be let without advertising for bids, but
5whenever practicable, at least 3 competitive bids shall be
6obtained before letting such contract. All contracts for
7supplies, material or work shall be signed by the president of
8the board and by any such other officer as the board in its
9discretion may designate.
10    Salaries of employees shall be fixed by ordinance.
11(Source: P.A. 94-951, eff. 6-27-06.)
 
12    (70 ILCS 810/20)  (from Ch. 96 1/2, par. 6423)
13    Sec. 20. Duties of president; vote of board. The president
14shall preside at all meetings of the board and be the executive
15officer of the district. He or she shall sign all ordinances,
16resolutions and other papers necessary to be signed and shall
17execute all contracts entered into by the district and perform
18other duties as may be prescribed by ordinance. In the case of
19a special meeting, the president shall cause notice to be given
20to all members as provided by the rule of the board. The
21president He may veto any ordinance and any orders, resolutions
22and actions, or any items therein contained, of the board which
23provide for the purchase of real estate, or for the
24construction of improvements within the preserves of the
25district. Such veto shall be filed with the secretary of the

 

 

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1board within 5 days after the passage of the ordinance, order,
2resolution or action and when so vetoed the ordinance, order,
3resolution or action or any item therein contained is not
4effective unless it is again passed by two-thirds vote of all
5the members of the board. The president may vote in the same
6manner as the other members of the board. In the temporary
7absence or inability of the president, the members of the board
8may elect from their own number a president, pro tem.
9    The "Yeas" and "Nays" shall be taken, and entered on the
10journal of the board's proceedings, upon the passage of all
11ordinances and all proposals to create any liability, or for
12the expenditure or appropriation of money. The concurrence of a
13majority of all the members appointed to the board is necessary
14to the passage of any such ordinance or proposal. In all other
15cases the "Yeas" and "Nays" shall be taken at the request of
16any member of the board and shall be entered on the journal of
17the board's proceedings.
18(Source: P.A. 80-320.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.