103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1485

 

Introduced 2/7/2023, by Sen. Seth Lewis

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 1205/2-10a  from Ch. 105, par. 2-10a
70 ILCS 1205/2-12a  from Ch. 105, par. 2-12a

    Amends the Park District Code. Provides that, if a district board's membership has been expanded or reduced by referendum or resolution, the additional members will be elected not earlier than 197 days (currently, 60 days) after the referendum or resolution and a reduction of board members will not affect the terms of any commissioners holding office at the time of the referendum or to be elected within 197 (currently, 60) days after the referendum. Provides that, if the terms of a district's board members have increased or decreased after referendum or resolution, the terms will commence with the first regular park district election at least 197 days (currently, 60 days) after the date on which the terms were increased or reduced by referendum or resolution. Makes other changes. Effective immediately.


LRB103 04869 AWJ 49879 b

 

 

A BILL FOR

 

SB1485LRB103 04869 AWJ 49879 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 Park District Code is amended by changing
5Sections 2-10a and 2-12a as follows:
 
6    (70 ILCS 1205/2-10a)  (from Ch. 105, par. 2-10a)
7    Sec. 2-10a. Any district may provide by referendum, or by
8resolution of the board, that the board shall be comprised of 7
9commissioners. Any such referendum shall be initiated and held
10in the same manner as is provided by the general election law.
11    If a majority of the votes cast on the proposition is in
12favor of the 7-member board, or if the board adopts a
13resolution stating that it is acting pursuant to this Section
14in order to create a 7-member board, then whichever of the
15following transition schedules are appropriate shall be
16applied: At the election of commissioners next following by at
17least 197 60 days after the date on which the proposition to
18create a 7-member board was approved at referendum or by
19resolution, the number of commissioners to be elected shall be
202 more than the number that would otherwise have been elected.
21If this results in the election, pursuant to Section 2-12 of
22this Act, of 4 commissioners at that election, one of the 4, to
23be determined by lot within 30 days after the election, shall

 

 

SB1485- 2 -LRB103 04869 AWJ 49879 b

1serve for a term of 4 years or 2 years as the case may be,
2instead of 6 years, so that his term will expire in the same
3year in which the term of only one of the incumbent
4commissioners expires. Thereafter all commissioners shall be
5elected for 6-year terms as provided in Section 2-12. If the
6creation of a 7-member board results in the election of either
73 or 4 commissioners, pursuant to Section 2-12a of this Act, at
8that election, 2 of them, to be determined by lot within 30
9days after the election, shall serve for terms of 2 years
10instead of 4 years. Thereafter all commissioners shall be
11elected for 4-year terms as provided in Section 2-12a of this
12Act.
13    In any district where a 7-member board has been created
14pursuant to this Section whether by referendum or by
15resolution, the number of commissioners may later be reduced
16to 5, but only by a referendum initiated and held in the same
17manner as prescribed in this Section for creating a 7-member
18board. No proposition to reduce the number of commissioners
19shall affect the terms of any commissioners holding office at
20the time of the referendum or to be elected within 197 60 days
21after of the referendum. If a majority of the votes cast on the
22proposition is in favor of reducing a 7-member board to a
235-member board, then, at the election of commissioners next
24following by at least 197 60 days after the date on which the
25proposition was approved at referendum, the number of
26commissioners to be elected shall be 2 less than the number

 

 

SB1485- 3 -LRB103 04869 AWJ 49879 b

1that would otherwise have been elected and whichever of the
2following transition schedules are appropriate shall be
3applied: (i) if this results in the election of no
4commissioners for a 6-year term pursuant to Section 2-12 of
5this Act, then at the next election in which 3 commissioners
6are scheduled to be elected to 6-year terms as provided in
7Section 2-12, one of the 3, to be determined by lot within 30
8days after the election, shall serve for a term of 4 years or 2
9years, as the case may be, instead of 6 years, so that his or
10her term will expire in the same year in which the term of no
11incumbent commissioner is scheduled to expire; thereafter, all
12commissioners shall be elected for 6-year terms as provided in
13Section 2-12; or (ii) if the reduction to a 5-member board
14results in the election of one commissioner to a 4-year term,
15pursuant to Section 2-12a of this Act, then at the next
16election in which 4 commissioners are scheduled to be elected
17to 4-year terms as provided in Section 2-12a, one of the 4, to
18be determined by lot within 30 days after the election, shall
19serve for a term of 2 years, instead of 4 years, so that his or
20her term will expire in the same year in which the term of only
21one incumbent commissioner is scheduled to expire; thereafter,
22all commissioners shall be elected for 4-year terms as
23provided in Section 2-12a.
24(Source: P.A. 100-351, eff. 8-25-17.)
 
25    (70 ILCS 1205/2-12a)  (from Ch. 105, par. 2-12a)

 

 

SB1485- 4 -LRB103 04869 AWJ 49879 b

1    Sec. 2-12a. Any district may provide, either by resolution
2of the board or by referendum, that the term of commissioners
3shall be 4 years rather than 6 years. Any such referendum shall
4be initiated and held in the same manner as is provided by the
5general election law for public questions authorized by
6Article VII of the Illinois Constitution.
7    If a majority of the votes cast on the proposition is in
8favor of a 4-year term for commissioners, or if the Board
9adopts a resolution stating that it is acting pursuant to this
10Section to change the term of office from 6 years to 4 years,
11commissioners thereafter elected, commencing with the first
12regular park district election at least 197 60 days after the
13date on which the proposition for 4-year terms was approved at
14referendum or by resolution, shall be elected for a term of 4
15years. In order to provide for the transition from 6-year
16terms to 4-year terms:
17        (1) If 2 commissioners on a 5-member board are to be
18    elected at the first such election and if the term of only
19    one commissioner is scheduled to expire in the year of the
20    next election at which commissioners are elected, of the 2
21    commissioners elected, one shall serve a 2-year term and
22    one a 4-year term, to be determined by lot between the 2
23    persons elected within 30 days after the election.
24        (2) On a 7-member board under Section 2-10a, if the
25    terms of only 2 commissioners are scheduled to expire in
26    the year of the second election at which commissioners are

 

 

SB1485- 5 -LRB103 04869 AWJ 49879 b

1    elected after the first regular park district election at
2    least 197 60 days after the date on which the proposition
3    for 4-year terms was approved at referendum or by
4    resolution, then:
5            (A) if 3 commissioners are elected at the first
6        regular election, 2 of the commissioners elected shall
7        serve a 2-year term and one shall serve a 4-year term
8        to be determined by lot between persons elected within
9        30 days after the first election; or
10            (B) if 2 commissioners are elected at the first
11        regular election, those 2 commissioners elected shall
12        serve a 2-year term.
13    In any district where the board has created 4-year terms
14pursuant to this Section, whether by referendum or by
15resolution, the length of terms may later be increased to 6
16years, but only by a referendum initiated and held in the same
17manner as prescribed in this Section for creating 4-year
18terms. No proposition to increase the terms of commissioners
19shall affect any commissioner holding office at the time of
20the referendum or to be elected within 197 60 days after of the
21referendum.
22(Source: P.A. 101-58, eff. 7-12-19.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.