Illinois General Assembly - Full Text of SB0176
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Full Text of SB0176  96th General Assembly


Sen. Don Harmon

Filed: 3/25/2009





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2     AMENDMENT NO. ______. Amend Senate Bill 176 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Election Code is amended by changing
5 Section 2A-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
8 Designated.
9     (a) At the general election in the appropriate
10 even-numbered years, the following offices shall be filled or
11 shall 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;



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1         (4) State Senator and State Representative;
2         (5) County elected officers, including State's
3     Attorney, County Board member, County Commissioners, and
4     elected President of the County Board or County Chief
5     Executive;
6         (6) Circuit Court Clerk;
7         (7) Regional Superintendent of Schools, except in
8     counties or educational service regions in which that
9     office has been abolished;
10         (8) Judges of the Supreme, Appellate and Circuit
11     Courts, on the question of retention, to fill vacancies and
12     newly created judicial offices;
13         (9) (Blank);
14         (10) Trustee of the Metropolitan Sanitary District of
15     Chicago, and elected Trustee of other Sanitary Districts;
16         (11) Special District elected officers, not otherwise
17     designated in this Section, where the statute creating or
18     authorizing the creation of the district requires an annual
19     election and permits or requires election of candidates of
20     political parties; .
21         (12) Forest preserve district commissioners elected
22     under Section 5 of the Cook County Forest Preserve District
23     Act.
24     (b) At the general primary election:
25         (1) in each even-numbered year candidates of political
26     parties shall be nominated for those offices to be filled



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1     at the general election in that year, except where pursuant
2     to law nomination of candidates of political parties is
3     made by caucus.
4         (2) in the appropriate even-numbered years the
5     political party offices of State central committeeman,
6     township committeeman, ward committeeman, and precinct
7     committeeman shall be filled and delegates and alternate
8     delegates to the National nominating conventions shall be
9     elected as may be required pursuant to this Code. In the
10     even-numbered years in which a Presidential election is to
11     be held, candidates in the Presidential preference primary
12     shall also be on the ballot.
13         (3) in each even-numbered year, where the municipality
14     has provided for annual elections to elect municipal
15     officers pursuant to Section 6(f) or Section 7 of Article
16     VII of the Constitution, pursuant to the Illinois Municipal
17     Code or pursuant to the municipal charter, the offices of
18     such municipal officers shall be filled at an election held
19     on the date of the general primary election, provided that
20     the municipal election shall be a nonpartisan election
21     where required by the Illinois Municipal Code. For partisan
22     municipal elections in even-numbered years, a primary to
23     nominate candidates for municipal office to be elected at
24     the general primary election shall be held on the Tuesday 6
25     weeks preceding that election.
26         (4) in each school district which has adopted the



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1     provisions of Article 33 of the School Code, successors to
2     the members of the board of education whose terms expire in
3     the year in which the general primary is held shall be
4     elected.
5     (c) At the consolidated election in the appropriate
6 odd-numbered years, the following offices shall be filled:
7         (1) Municipal officers, provided that in
8     municipalities in which candidates for alderman or other
9     municipal office are not permitted by law to be candidates
10     of political parties, the runoff election where required by
11     law, or the nonpartisan election where required by law,
12     shall be held on the date of the consolidated election; and
13     provided further, in the case of municipal officers
14     provided for by an ordinance providing the form of
15     government of the municipality pursuant to Section 7 of
16     Article VII of the Constitution, such offices shall be
17     filled by election or by runoff election as may be provided
18     by such ordinance;
19         (2) Village and incorporated town library directors;
20         (3) City boards of stadium commissioners;
21         (4) Commissioners of park districts;
22         (5) Trustees of public library districts;
23         (6) Special District elected officers, not otherwise
24     designated in this section, where the statute creating or
25     authorizing the creation of the district permits or
26     requires election of candidates of political parties;



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1         (7) Township officers, including township park
2     commissioners, township library directors, and boards of
3     managers of community buildings, and Multi-Township
4     Assessors;
5         (8) Highway commissioners and road district clerks;
6         (9) Members of school boards in school districts which
7     adopt Article 33 of the School Code;
8         (10) The directors and chairman of the Chain O Lakes -
9     Fox River Waterway Management Agency;
10         (11) Forest preserve district commissioners elected
11     under Section 3.5 of the Downstate Forest Preserve District
12     Act;
13         (12) Elected members of school boards, school
14     trustees, directors of boards of school directors,
15     trustees of county boards of school trustees (except in
16     counties or educational service regions having a
17     population of 2,000,000 or more inhabitants) and members of
18     boards of school inspectors, except school boards in school
19     districts that adopt Article 33 of the School Code;
20         (13) Members of Community College district boards;
21         (14) Trustees of Fire Protection Districts;
22         (15) Commissioners of the Springfield Metropolitan
23     Exposition and Auditorium Authority;
24         (16) Elected Trustees of Tuberculosis Sanitarium
25     Districts;
26         (17) Elected Officers of special districts not



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1     otherwise designated in this Section for which the law
2     governing those districts does not permit candidates of
3     political parties.
4     (d) At the consolidated primary election in each
5 odd-numbered year, candidates of political parties shall be
6 nominated for those offices to be filled at the consolidated
7 election in that year, except where pursuant to law nomination
8 of candidates of political parties is made by caucus, and
9 except those offices listed in paragraphs (12) through (17) of
10 subsection (c).
11     At the consolidated primary election in the appropriate
12 odd-numbered years, the mayor, clerk, treasurer, and aldermen
13 shall be elected in municipalities in which candidates for
14 mayor, clerk, treasurer, or alderman are not permitted by law
15 to be candidates of political parties, subject to runoff
16 elections to be held at the consolidated election as may be
17 required by law, and municipal officers shall be nominated in a
18 nonpartisan election in municipalities in which pursuant to law
19 candidates for such office are not permitted to be candidates
20 of political parties.
21     At the consolidated primary election in the appropriate
22 odd-numbered years, municipal officers shall be nominated or
23 elected, or elected subject to a runoff, as may be provided by
24 an ordinance providing a form of government of the municipality
25 pursuant to Section 7 of Article VII of the Constitution.
26     (e) (Blank).



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1     (f) At any election established in Section 2A-1.1, public
2 questions may be submitted to voters pursuant to this Code and
3 any special election otherwise required or authorized by law or
4 by court order may be conducted pursuant to this Code.
5     Notwithstanding the regular dates for election of officers
6 established in this Article, whenever a referendum is held for
7 the establishment of a political subdivision whose officers are
8 to be elected, the initial officers shall be elected at the
9 election at which such referendum is held if otherwise so
10 provided by law. In such cases, the election of the initial
11 officers shall be subject to the referendum.
12     Notwithstanding the regular dates for election of
13 officials established in this Article, any community college
14 district which becomes effective by operation of law pursuant
15 to Section 6-6.1 of the Public Community College Act, as now or
16 hereafter amended, shall elect the initial district board
17 members at the next regularly scheduled election following the
18 effective date of the new district.
19     (g) At any election established in Section 2A-1.1, if in
20 any precinct there are no offices or public questions required
21 to be on the ballot under this Code then no election shall be
22 held in the precinct on that date.
23     (h) There may be conducted a referendum in accordance with
24 the provisions of Division 6-4 of the Counties Code.
25 (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
26 eff. 8-9-96; 90-358, eff. 1-1-98.)



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1     Section 10. The Cook County Forest Preserve District Act is
2 amended by changing Sections 2.1, 5, 14, and 20 as follows:
3     (70 ILCS 810/2.1)  (from Ch. 96 1/2, par. 6403)
4     Sec. 2.1. Definition of board. "Board" means the board of
5 commissioners for the Forest Preserve District of Cook County
6 county board of commissioners when acting as the governing body
7 of a forest preserve district.
8 (Source: P.A. 80-320.)
9     (70 ILCS 810/5)  (from Ch. 96 1/2, par. 6408)
10     Sec. 5. Election of commissioners. Prior to December 6,
11 2010, the The county board of commissioners of the county in
12 which a forest preserve district is located shall be the forest
13 preserve district board of such district and the president of
14 the county board shall be the president of the forest preserve
15 district board. The members shall act without any other pay
16 than that already provided by law.
17     Beginning on December 6, 2010, the affairs of the district
18 shall be managed by a board of commissioners consisting of 9
19 members. Beginning with the general election held in 2010 and
20 at each succeeding general election, the commissioners shall be
21 elected from the 3 election districts for the Cook County Board
22 of Review created under Section 5-5 of the Property Tax Code.
23 Candidates for commissioner shall not be candidates of



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1 established political parties, but shall be non-partisan. Each
2 commissioner must be a resident of the election district for at
3 least one year prior to the commencement of the term of office.
4 Nomination of candidates for the office of commissioner at the
5 initial and each succeeding election shall be made by petition
6 signed in the aggregate for each candidate by not less than
7 1,000 qualified voters of the election district.
8     At the 2010 general election, 3 commissioners shall be
9 elected from each election district. No later than 30 days
10 after the 2010 general election, the county clerk shall divide
11 the commissioners publicly by lot into 3 equal groups, with one
12 commissioner from each election district in each group.
13 Commissioners or their successors from group one shall be
14 elected to initial terms of 6 years. Commissioners or their
15 successors from the second group shall be elected to initial
16 terms of 4 years. The commissioners or their successors from
17 the third group shall be elected to initial terms of 2 years.
18 Thereafter, each commissioner shall be elected for a 6-year
19 term. The commissioners shall elect from their number a
20 president for a 2-year term.
21     The term of office for the commissioners elected under this
22 Section shall begin on the first Monday of the month following
23 the month of the election. Each commissioner before entering
24 upon the duties of his or her office shall take an oath to
25 faithfully discharge his or her duties as a commissioner. The
26 commissioners shall hold their office until their successors



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1 are elected and qualified. No commissioner shall serve
2 simultaneously as a commissioner and a member or chairperson of
3 another countywide elected board, commission, or agency.
4      If a vacancy in the position of board president or
5 commissioner occurs, other than by expiration of the
6 president's or commissioner's term, the board shall declare
7 that a vacancy exists. If the vacancy occurs in the office of
8 the president, the board shall, within 30 days after the date
9 of the vacancy, appoint a person to serve for the remainder of
10 the unexpired term or until his or her successor is elected and
11 qualified. If a vacancy occurs in the office of forest preserve
12 district commissioner, the president of the board shall, within
13 60 days after the date of the vacancy, with the advice and
14 consent of the other commissioners then serving, appoint a
15 person to serve for the remainder of the unexpired term or
16 until his or her successor is elected and qualified. If more
17 than 28 months remain in the unexpired term of a commissioner,
18 the appointment shall be until the next general election, at
19 which time the vacated office shall be filled by election for
20 the remainder of the term.
21     All commissioners elected or appointed under this Section
22 shall serve without compensation, but they shall be reimbursed
23 for their reasonable expenses actually incurred in performing
24 their official duties.
25 (Source: P.A. 80-320.)



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1     (70 ILCS 810/14)  (from Ch. 96 1/2, par. 6417)
2     Sec. 14. Powers of board; officers. The board, as corporate
3 authority of a forest preserve district, shall have power to
4 pass and enforce all necessary ordinances, rules and
5 regulations for the management of the property and conduct of
6 the business of such district. The board shall set the policies
7 and goals for the district. The president of such board, with
8 the advice and consent of the board of commissioners, must
9 appoint a general superintendent to manage the forest preserve
10 district and shall have power to appoint a secretary and an
11 assistant secretary, and treasurer and an assistant treasurer
12 and such other officers and such employees as may be necessary,
13 all of whom, excepting the treasurer and attorneys, shall be
14 under civil service rules and regulations, as provided in
15 Section 17 of this Act. The appointed officers do not need to
16 be members of the board. The general superintendent is the
17 chief administrative officer of the district and shall
18 supervise and be responsible for all administrative and
19 operational matters of the forest preserve district. The
20 general superintendent must be a resident of the forest
21 preserve district. He or she must be selected solely based on
22 his or her administrative and technical qualifications and
23 without regard to his or her political affiliations. The
24 general superintendent shall not serve simultaneously as the
25 general superintendent and a commissioner. The assistant
26 secretary and assistant treasurer shall perform the duties of



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1 the secretary and treasurer, respectively, in case of death of
2 said officers or when said officers are unable to perform the
3 duties of their respective offices because of absence or
4 inability to act. All contracts for supplies, material or work
5 involving an expenditure by forest preserve districts in excess
6 of $25,000 shall be let to the lowest responsible bidder, after
7 due advertisement, excepting work requiring personal
8 confidence or necessary supplies under the control of
9 monopolies, where competitive bidding is impossible. Contracts
10 for supplies, material or work involving an expenditure of
11 $25,000 or less may be let without advertising for bids, but
12 whenever practicable, at least 3 competitive bids shall be
13 obtained before letting such contract. All contracts for
14 supplies, material or work shall be signed by the president of
15 the board and by any such other officer as the board in its
16 discretion may designate.
17     Salaries of employees shall be fixed by ordinance.
18 (Source: P.A. 94-951, eff. 6-27-06.)
19     (70 ILCS 810/20)  (from Ch. 96 1/2, par. 6423)
20     Sec. 20. Duties of president; vote of board. The president
21 shall preside at all meetings of the board and be the executive
22 officer of the district. He or she shall sign all ordinances,
23 resolutions and other papers necessary to be signed and shall
24 execute all contracts entered into by the district and perform
25 other duties as may be prescribed by ordinance. In the case of



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1 a special meeting, the president shall cause notice to be given
2 to all members as provided by the rule of the board. He may
3 veto any ordinance and any orders, resolutions and actions, or
4 any items therein contained, of the board which provide for the
5 purchase of real estate, or for the construction of
6 improvements within the preserves of the district. Such veto
7 shall be filed with the secretary of the board within 5 days
8 after the passage of the ordinance, order, resolution or action
9 and when so vetoed the ordinance, order, resolution or action
10 or any item therein contained is not effective unless it is
11 again passed by two-thirds vote of all the members of the
12 board. The president may vote in the same manner as the other
13 members of the board. In the temporary absence or inability of
14 the president, the members of the board may elect from their
15 own number a president, pro tem.
16     The "Yeas" and "Nays" shall be taken, and entered on the
17 journal of the board's proceedings, upon the passage of all
18 ordinances and all proposals to create any liability, or for
19 the expenditure or appropriation of money. The concurrence of a
20 majority of all the members appointed to the board is necessary
21 to the passage of any such ordinance or proposal. In all other
22 cases the "Yeas" and "Nays" shall be taken at the request of
23 any member of the board and shall be entered on the journal of
24 the board's proceedings.
25 (Source: P.A. 80-320.)



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