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91st General Assembly

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Public Act 91-0933

HB3617 Enrolled                                LRB9112379MWpc

    AN ACT concerning local boards.

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

    Section  5.  The  Counties  Code  is  amended by changing
Sections 2-3002.5 and 2-3006 as follows:

    (55 ILCS 5/2-3002.5)
    Sec. 2-3002.5.  Beginning with  members  elected  at  the
general  election  in 2002 January 2, 2001, counties having a
population between 800,000 and 3,000,000  according  to  2000
decennial  census shall have no more than 18 members on their
county board. If the chairman of the county board is  elected
at-large  by  the voters of the county as provided in Section
2-3007, the chairman shall not be counted as a member of  the
county  board  for the purpose of the limitations on the size
of the county board provided  in  this  Section.   Neither  a
member  nor  the  chairman  of  that county board shall serve
simultaneously as commissioner or president of the  board  of
commissioners  of  the  forest  preserve district.  No person
shall seek election to both the county board and  the  forest
preserve commission at the same election.
(Source: P.A. 89-577, eff. 1-1-97.)

    (55 ILCS 5/2-3006) (from Ch. 34, par. 2-3006)
    Sec. 2-3006. Failure to file apportionment plan; election
of  board members at large. If no apportionment plan is filed
with the county clerk  as  required  by  this  Division,  the
members  of the county board shall be elected at large in the
county. If the county board  has  determined  the  number  of
members   for  the  board,  that  number  shall  be  elected;
otherwise, the number of members to be elected shall  be  the
largest number to which the county is entitled under Sections
2-3002 and 2-3002.5.
(Source: P.A. 86-926.)

    Section  10.  The  Downstate Forest Preserve District Act
is amended by changing Sections 3c and 12 as follows:

    (70 ILCS 805/3c)
    Sec.  3c.  Elected  board  of  commissioners  in  certain
counties. If the boundaries of a  district  are  co-extensive
with  the  boundaries of a county having a population of more
than 800,000 but less than 3,000,000,  all  commissioners  of
the  forest  preserve district shall be elected from the same
districts as members of the county board beginning  with  the
general  election  held  in  2002 and each succeeding general
election.   One  commissioner  shall  be  elected  from  each
district.  At their first meeting  after  their  election  in
2002  and following each subsequent decennial reapportionment
of the county under Division 2-3 of the  Counties  Code,  the
elected commissioners shall publicly by lot divide themselves
into 3 2 groups, as equal in size as possible.  Commissioners
from  the  first  group  shall serve for terms of 2, 4, and 4
years; commissioners from the second group  shall  serve  for
terms  of 4, 2, and 4 years and commissioners from the second
third  group  shall  serve  terms  of  4,  4,  and  2  years.
Commissioners elected under this Section shall take office at
the first meeting of commissioners following an  election  of
commissioners.   Beginning with the general election in 2002,
the president of the board of  commissioners  of  the  forest
preserve  district  shall  be  elected  by  the voters of the
county, rather than  by  the  commissioners.   The  president
shall  be  elected  throughout  the  county for a 4-year term
without having been first  elected  as  commissioner  of  the
forest  preserve  district.   Neither  a commissioner nor the
president of  the  board  of  commissioners  of  that  forest
preserve  district  shall  serve  simultaneously as member or
chairman of the county board.  No person shall seek  election
to  both  the forest preserve commission and the county board
at the same election.  At  that  meeting,  the  commissioners
shall elect from among their number a president of the forest
preserve  district board of commissioners to serve for a term
of 2  years.   The  board  of  commissioners  shall  set  The
compensation  for  the  president shall be an amount equal to
85% of the annual salary of the county board chairman.    The
president,  with  the  advice  and  consent  of  the board of
commissioners shall appoint a secretary, treasurer, and  such
other   officers   as   deemed  necessary  by  the  board  of
commissioners, which officers need  not  be  members  of  the
board  of commissioners.  The president shall have the powers
and duties as specified in Section 12 of this Act. Actions by
the board shall require a majority vote of the commissioners.
    Candidates  for  commissioner  shall  be  candidates   of
established political parties.
    If  a vacancy in the office of commissioner occurs, other
than by expiration of a commissioner's term, the president of
the board of commissioners shall, with the advice and consent
of other commissioners then serving, appoint an individual to
serve for the remainder of the unexpired term.  The appointee
shall be affiliated with the  same  political  party  as  the
commissioner  in  whose  office the vacancy occurred and be a
resident of such district.  If a vacancy  in  the  office  of
president occurs, other than by expiration of the president's
term,  the  remaining  members  of the board of commissioners
shall appoint one of the commissioners to serve as  president
for  the  remainder of the unexpired term.  If, however, more
than 28 months remain in the unexpired term of a commissioner
or the president, the appointment shall  be  until  the  next
consolidated  election,  at  which time the vacated office of
commissioner or president shall be filled by election for the
remainder of the term.
    The  president  and  commissioners  elected  under   this
Section  may  be  reimbursed  for  their  reasonable expenses
actually incurred in performing their official  duties  under
this  Act  in  accordance  with the provisions of Section 3a.
The reimbursement paid under this Section shall  be  paid  by
the forest preserve district.
    Compensation  for  forest  preserve commissioners elected
under this Section shall be the same as that of county  board
members   of  the  county  with  which  the  forest  preserve
district's boundaries are co-extensive.
(Source: P.A. 89-577, eff. 1-1-97.)

    (70 ILCS 805/12) (from Ch. 96 1/2, par. 6322)
    Sec. 12.  The president of  the  board  of  any  district
organized  hereunder,  shall  preside  at all meetings of the
board, and be the executive officer of the district, and be a
member  of  the  board.  He  shall   sign   all   ordinances,
resolutions and other papers necessary to be signed and shall
execute  all  contracts  entered  into  by  the  district and
perform other duties as may be prescribed  by  ordinance.  He
may  veto  any  ordinance  and  any  orders,  resolutions and
actions, or any items therein contained, of the  board  which
provide   for  the  purchase  of  real  estate,  or  for  the
construction of improvements  within  the  preserves  of  the
district.  Such veto shall be filed with the secretary of the
board within 5 days  after  the  passage  of  the  ordinance,
order, resolution or action and when so vetoed the ordinance,
order,  resolution or action or any item therein contained is
not effective unless it is again passed by two-thirds vote of
all the members of the board. The president may vote  in  the
same  manner  as  the  other  members  of  the  board. In the
temporary absence or inability of the president, the  members
of the board may elect from their own number a president, pro
tem.
    The  "Yeas" and "Nays" shall be taken, and entered on the
journal of the board's proceedings, upon the passage  of  all
ordinances  and all proposals to create any liability, or for
the expenditure or appropriation of money. The concurrence of
a majority of all the members elected  or  appointed  to  the
board  is  necessary  to the passage of any such ordinance or
proposal. In all other cases the "Yeas" and "Nays"  shall  be
taken  at the request of any member of the board and shall be
entered on the journal of the board's proceedings.
(Source: P.A. 85-933.)

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

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