Full Text of SB1666 102nd General Assembly
SB1666 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1666 Introduced 2/26/2021, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/2-3003 | from Ch. 34, par. 2-3003 |
55 ILCS 5/2-3004 | from Ch. 34, par. 2-3004 |
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Amends the Counties Code. Provides that, in a county where the chairman of the county board or county executive is elected by the voters of the county, should there be a delay in the availability of the census data, the chairman of the county board or county executive may develop and present the decennial apportionment plan to the board within 6 months following availability of the data. Makes conforming changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 2-3003 and 2-3004 as follows:
| 6 | | (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
| 7 | | Sec. 2-3003. Apportionment plan.
| 8 | | (1) If the county board determines
that members shall be | 9 | | elected by districts, it shall develop an
apportionment plan | 10 | | and specify the number of districts and the number of
county | 11 | | board members to be elected from each district and whether | 12 | | voters will
have cumulative voting rights in multi-member | 13 | | districts. Each such district:
| 14 | | a. Shall be substantially equal in population to each | 15 | | other district;
| 16 | | b. Shall be comprised of contiguous territory, as | 17 | | nearly compact as
practicable; and
| 18 | | c. May divide townships or municipalities only when | 19 | | necessary to conform
to the population requirement of | 20 | | paragraph a. of this Section.
| 21 | | d. Shall be created in such a manner so that no | 22 | | precinct shall be
divided between 2 or more districts, | 23 | | insofar as is practicable.
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| 1 | | (2) The county board of each county having a population of | 2 | | less than
3,000,000 inhabitants may, if it should so decide, | 3 | | provide within that
county for single member districts outside | 4 | | the corporate limits and
multi-member districts within the | 5 | | corporate limits of any municipality with
a population in | 6 | | excess of 75,000. Paragraphs a, b, c and d of subsection
(1) of | 7 | | this Section shall apply to the apportionment of both single | 8 | | and
multi-member districts within a county to the extent that | 9 | | compliance with
paragraphs a, b, c and d still permit the | 10 | | establishment of such districts,
except that the population of | 11 | | any multi-member district shall be equal to
the population of | 12 | | any single member district, times the number of members
found | 13 | | within that multi-member district. | 14 | | (3) In a county where the Chairman of the County Board is | 15 | | elected by the voters of the county as provided in Section | 16 | | 2-3007, the Chairman of the County Board may develop and | 17 | | present to the Board by the third Wednesday in May in the year | 18 | | after a federal decennial census year an apportionment plan in | 19 | | accordance with the provisions of subsection (1) of this | 20 | | Section. Should there be a delay in the availability of the | 21 | | census data, the Chairman of County Board may develop and | 22 | | present the plan to the Board within 6 months following | 23 | | availability of the data. If the Chairman presents a plan to | 24 | | the Board by the third Wednesday in May , or within 6 months | 25 | | after the data becomes available from the federal government | 26 | | should the data be delayed , the Board shall conduct at least |
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| 1 | | one public hearing to receive comments and to discuss the | 2 | | apportionment plan, the hearing shall be held at least 6 days | 3 | | but not more than 21 days after the Chairman's plan was | 4 | | presented to the Board, and the public shall be given notice of | 5 | | the hearing at least 6 days in advance. If the Chairman | 6 | | presents a plan by the third Wednesday in May, the Board is | 7 | | prohibited from enacting an apportionment plan until after a | 8 | | hearing on the plan presented by the Chairman. The Chairman | 9 | | shall have access to the federal decennial census available to | 10 | | the Board. | 11 | | (4) In a county where a County Executive is elected by the | 12 | | voters of the county as provided in Section 2-5007 of the | 13 | | Counties Code, the County Executive may develop and present to | 14 | | the Board by the third Wednesday in May in the year after a | 15 | | federal decennial census year an apportionment plan in | 16 | | accordance with the provisions of subsection (1) of this | 17 | | Section. Should there be a delay in the availability of the | 18 | | census data, the County Executive may develop and present the | 19 | | plan to the Board within 6 months following availability of | 20 | | the data. If the Executive presents a plan to the Board by the | 21 | | third Wednesday in May , or within 6 months after the data | 22 | | becomes available from the federal government should the data | 23 | | be delayed , the Board shall conduct at least one public | 24 | | hearing to receive comments and to discuss the apportionment | 25 | | plan, the hearing shall be held at least 6 days but not more | 26 | | than 21 days after the Executive's plan was presented to the |
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| 1 | | Board, and the public shall be given notice of the hearing at | 2 | | least 6 days in advance. If the Executive presents a plan by | 3 | | the third Wednesday in May, the Board is prohibited from | 4 | | enacting an apportionment plan until after a hearing on the | 5 | | plan presented by the Executive. The Executive shall have | 6 | | access to the federal decennial census available to the Board.
| 7 | | (Source: P.A. 96-1540, eff. 3-7-11; 97-986, eff. 8-17-12.)
| 8 | | (55 ILCS 5/2-3004) (from Ch. 34, par. 2-3004)
| 9 | | Sec. 2-3004. Failure to complete reapportionment. If any | 10 | | county board fails to complete the reapportionment of its | 11 | | county
by July 1 in 2011 or any 10 years thereafter , or by the | 12 | | day after the county board's regularly scheduled July meeting | 13 | | in 2011 or any 10 years thereafter , or within 6 months | 14 | | following the availability of the data from the federal | 15 | | government should the data be delayed , whichever is later, the | 16 | | county clerk of that
county shall convene the county | 17 | | apportionment commission. Three members of
the commission | 18 | | shall constitute a quorum, but a majority of all the members
| 19 | | must vote affirmatively on any determination made by the | 20 | | commission. The
commission shall adopt rules for its | 21 | | procedure.
| 22 | | The commission shall develop an apportionment plan for the | 23 | | county in the
manner provided by Section 2-3003, dividing the | 24 | | county into the same number of
districts as determined by the | 25 | | county board. If the county board has failed
to determine the |
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| 1 | | size of the county board to be elected, then the number of
| 2 | | districts and the number of members to be elected shall be the | 3 | | largest
number to which the county is entitled under Section | 4 | | 2-3002.
| 5 | | The commission shall submit its apportionment plan by | 6 | | October 1 in the
year that it is convened, except that the | 7 | | circuit court, for good cause
shown, may grant an extension of | 8 | | time, not exceeding a total of 60 days,
within which such a | 9 | | plan may be submitted.
| 10 | | (Source: P.A. 96-1540, eff. 3-7-11.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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