Full Text of HB3099 99th General Assembly
HB3099 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3099 Introduced , by Rep. Deborah Conroy SYNOPSIS AS INTRODUCED: |
| 70 ILCS 805/3a | from Ch. 96 1/2, par. 6305 | 70 ILCS 805/3c | | 70 ILCS 805/6 | from Ch. 96 1/2, par. 6309 |
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Amends the Downstate Forest Preserve District Act. Provides that 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, the county board shall serve as the district board of commissioners of the district beginning the day after the 2018 general election. Provides that terms of the district commissioners elected prior to the effective date of this amendatory Act shall be extended until the day of the 2018 general election. Further provides that the president or chairman of the county board shall appoint an environmental liaison to the county board who shall advise the county board on environmental issues and other duties as defined by the county board. The environmental liaison shall be appointed only after the president or chairman consults with and is advised by the local branch of a non-profit, member supported, environmental organization that is governed nationally by a fifteen-member board of directors. 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 Downstate Forest Preserve District Act is | 5 | | amended by changing Sections 3a, 3c, and 6 as follows:
| 6 | | (70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305)
| 7 | | Sec. 3a.
Except as otherwise provided in this
Section, and | 8 | | except as provided in Section
3c, 3d, and 3.5, the affairs of | 9 | | the district shall be managed by a
board of commissioners
| 10 | | consisting of 5 commissioners, who shall be appointed by the | 11 | | presiding
officer of the county board of the county in which | 12 | | such forest preserve
district is situated, with the advice and | 13 | | consent of such county board.
The first appointment shall be | 14 | | made within 90 days and not sooner than
60 days after such | 15 | | forest preserve district has been organized as
provided herein. | 16 | | Each member of such board so appointed shall be a
legal voter | 17 | | in such district. The first commissioners shall be appointed
to | 18 | | hold office for terms of one, 2, 3, 4, and 5 years, and until | 19 | | June 30
thereafter, respectively, as determined and fixed by | 20 | | lot. Thereafter,
successor commissioners shall be appointed in | 21 | | the same manner no later than
the first day of the month in | 22 | | which the term of a commissioner expires.
Except as provided in | 23 | | Section 3c and 3d, a
vacancy occurring otherwise than by |
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| 1 | | expiration of term shall be
filled for the unexpired term by | 2 | | appointment of a commissioner by the county
board chairman with | 3 | | the advice and consent of the members of the county
board. In | 4 | | the one district in existence on July 1, 1977, that is managed
| 5 | | by an appointed board of commissioners, the incumbent 5 | 6 | | commissioners shall
complete their respective terms as | 7 | | originally prescribed in this Act. However,
upon the expiration | 8 | | of the terms of 2 of the incumbent commissioners on
January 1, | 9 | | 1978, they or their successors shall be appointed to hold | 10 | | office
for terms of 3 and 5 years, and until June 30 | 11 | | thereafter, respectively,
as determined and fixed by lot. | 12 | | Furthermore, upon the expiration of the
terms of the remaining | 13 | | incumbent commissioners on January 1, 1980, they or
their | 14 | | successors shall be appointed to hold office for terms of 2, 4, | 15 | | and 5
years, and until June 30 thereafter, respectively,
as | 16 | | determined and fixed by lot. Thereafter, each successor | 17 | | commissioner
shall be appointed for a term of 5 years. Each | 18 | | member of
the board before entering upon the duties of his | 19 | | office shall take the
oath prescribed by the constitution. From | 20 | | the time of the appointment
of the first board of | 21 | | commissioners, such forest preserve district shall
be | 22 | | construed in all courts to be a body corporate and politic by | 23 | | the name
and style determined as aforesaid and by such name may | 24 | | sue and be sued,
contract and be contracted with, acquire and | 25 | | hold real and personal
estate necessary for its corporate | 26 | | purposes and adopt a seal and alter
the same at its pleasure.
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| 1 | | In case the boundaries of a district are co-extensive with
| 2 | | the
boundaries of any county, city, village, incorporated town | 3 | | or sanitary
district, the corporate authorities of such county | 4 | | (until the commissioners
elected under Section 3c and 3d take | 5 | | office), city, village,
incorporated town or sanitary district | 6 | | shall have and exercise the
powers and privileges and perform | 7 | | the duties and functions of the
commissioners provided for in | 8 | | this Act and in that
case no commissioner shall
be appointed | 9 | | for that district. The corporate
authorities, other than
| 10 | | members of a county board in counties under township | 11 | | organization having
a population of less than 3,000,000 and | 12 | | members of a county board in a
county not under township | 13 | | organization who were elected prior to July 1,
1965, shall act | 14 | | without any other pay than that already provided by law.
The | 15 | | members of a county board of a county under township | 16 | | organization
and members of a county board of a county not | 17 | | under township
organization who were elected prior to July 1, | 18 | | 1965, who also act as
commissioners of a forest preserve | 19 | | district in counties having a
population of less than 3,000,000 | 20 | | may receive for their services as
commissioners of a forest | 21 | | preserve district a per diem fee to be fixed
by such board, but | 22 | | not to exceed $36 per day, which shall be in full for
all | 23 | | services rendered on such day, or an annual salary to be fixed | 24 | | by such
board, but not to exceed $3,000, plus mileage expenses | 25 | | at a rate not more
than the amount allowed for members of the | 26 | | county board of such county, as
fixed by the board, for each |
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| 1 | | mile necessarily traveled in attending
meetings of the board of | 2 | | such district, plus any expense incurred while,
or in | 3 | | connection with, carrying out the business of such district
| 4 | | outside the boundaries of such district, payable from the | 5 | | forest
preserve district treasury. The president of the Board | 6 | | of Commissioners
of the Forest Preserve District in counties of | 7 | | less than 3 million may receive
in lieu of a per diem fee an | 8 | | annual salary to be fixed by such board.
No Forest Preserve | 9 | | Commissioner shall file for a per diem payment for services
| 10 | | rendered on the same day for which he filed for a per diem | 11 | | payment as a county
supervisor. When the county board also acts | 12 | | as such commissioners, a member of
the county board of a county | 13 | | under township organization and a member of the
county board of | 14 | | a county not under township organization, who is elected prior
| 15 | | to July 1, 1965 may, with the permission of the county board, | 16 | | work alone as
such a commissioner and be paid in the usual | 17 | | manner.
| 18 | | Unless otherwise qualified, the term "board", when used in | 19 | | this Act,
means the board of commissioners of any forest | 20 | | preserve district, or the
corporate authorities of any county, | 21 | | city, village, incorporated town,
or sanitary district, when | 22 | | acting as the governing body of a forest
preserve district.
| 23 | | (Source: P.A. 96-239, eff. 8-11-09.)
| 24 | | (70 ILCS 805/3c)
| 25 | | Sec. 3c. Board Elected board of commissioners in certain |
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| 1 | | counties. If the boundaries of a district are co-extensive with | 2 | | the boundaries of a
county having a population of more than | 3 | | 800,000 but less than 3,000,000, the county board shall serve | 4 | | as the district board of commissioners of the district | 5 | | beginning the day after the 2018 general election. The terms of | 6 | | the district commissioners elected pursuant to this Section | 7 | | prior to the effective date of this amendatory Act of the 99th | 8 | | General Assembly shall be extended until the day of the 2018 | 9 | | general election. The president or chairman of the county board | 10 | | shall appoint an environmental liaison to the county board who | 11 | | shall advise the county board on environmental issues and other | 12 | | duties as defined by the county board. The environmental | 13 | | liaison shall be appointed only after the president or chairman | 14 | | consults with and is advised by the local branch of a | 15 | | non-profit, member supported, environmental organization that | 16 | | is governed nationally by a fifteen-member board of directors.
| 17 | | all commissioners of the forest preserve district shall be | 18 | | elected from the
same
districts as members of the county board | 19 | | beginning with the general election
held in 2002 and each | 20 | | succeeding general election. One commissioner shall be
elected | 21 | | from each district. At their first meeting after their election | 22 | | in
2002 and following each subsequent decennial | 23 | | reapportionment of the county
under Division 2-3 of the
| 24 | | Counties Code, the elected commissioners shall publicly by lot | 25 | | divide
themselves
into 2 groups, as equal in size as possible. | 26 | | Commissioners from the
first
group
shall serve for terms of 2, |
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| 1 | | 4, and 4 years; and commissioners from the second
group
shall | 2 | | serve terms of 4, 4, and 2 years. Beginning with the general | 3 | | election in 2002, the
president of the board of commissioners | 4 | | of the forest
preserve district shall be elected by the voters | 5 | | of the county, rather than by
the commissioners. The president | 6 | | shall be a resident of the county and shall
be elected | 7 | | throughout the county for a
4-year term without having been | 8 | | first elected as commissioner of the forest
preserve
district.
| 9 | | Each commissioner shall be a resident of the county board | 10 | | district from which
he or she was elected not later than the | 11 | | date of the commencement of the term
of office. The term of | 12 | | office for the president and commissioners elected
under this
| 13 | | Section shall commence on the first Monday
of the month | 14 | | following the month of election.
Neither a commissioner nor the | 15 | | president of the board of
commissioners of that forest preserve
| 16 | | district
shall serve simultaneously as member or chairman of | 17 | | the county board. No
person shall seek election to both the | 18 | | forest preserve commission and the
county board at the same | 19 | | election.
The president, with the advice and consent of the
| 20 | | board of commissioners shall appoint a secretary,
treasurer, | 21 | | and such other officers as deemed necessary by the board of
| 22 | | commissioners, which officers need not be members of the board | 23 | | of
commissioners. The president shall have the powers and | 24 | | duties as specified in
Section 12 of this Act.
| 25 | | Candidates for president and commissioner shall be | 26 | | candidates of
established political
parties.
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| 1 | | If a vacancy in the office of president or commissioner | 2 | | occurs, other
than by expiration
of the president's or | 3 | | commissioner's term, the
forest preserve district board of | 4 | | commissioners shall declare that a vacancy
exists and | 5 | | notification of the vacancy shall be given to the county | 6 | | central
committee of each established political party within 3 | 7 | | business days after the
occurrence of the vacancy. If the | 8 | | vacancy occurs in the office of forest
preserve
district | 9 | | commissioner, the
president of the board
of commissioners | 10 | | shall,
within 60 days after the date of the vacancy,
with the | 11 | | advice and consent of other commissioners then serving, appoint | 12 | | a
person to serve for the remainder of the unexpired term.
The | 13 | | appointee
shall be affiliated with the same political party as | 14 | | the commissioner in whose
office the vacancy occurred and be a | 15 | | resident of such district. If a vacancy
in the office of | 16 | | president occurs, other than by expiration of the president's
| 17 | | term, the remaining members of
the board of commissioners | 18 | | shall, within 60 days after the vacancy,
appoint one of the | 19 | | commissioners to serve as
president for the remainder of
the | 20 | | unexpired term.
In that case, the office of the commissioner | 21 | | who is appointed to serve
as president shall be deemed vacant | 22 | | and shall be filled within 60 days by
appointment of the | 23 | | president with the advice and consent of the other forest
| 24 | | preserve district commissioners. The commissioner who is | 25 | | appointed to fill a
vacancy in
the office of president shall be | 26 | | affiliated with the same political party as
the person who |
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| 1 | | occupied the office of president prior to the vacancy. A person
| 2 | | appointed to fill a vacancy in the office of president or | 3 | | commissioner shall
establish his or her party affiliation by | 4 | | his or her record of voting in
primary elections or by holding | 5 | | or having held an office in an established
political party | 6 | | organization before the appointment. If the appointee has not
| 7 | | voted in a party primary election or is not holding or has not | 8 | | held an office
in an established political party organization | 9 | | before the appointment, the
appointee shall establish his or | 10 | | her political party affiliation by his or her
record of | 11 | | participating in an established political party's nomination | 12 | | or
election caucus.
If, however, more than 28 months remain in | 13 | | the unexpired
term of a commissioner or the president, the
| 14 | | appointment shall be until the next general election, at
which | 15 | | time the
vacated office of commissioner or president shall be | 16 | | filled by election for the
remainder of the term.
| 17 | | Notwithstanding any law to the contrary, if a vacancy occurs | 18 | | after
the last day provided in Section 7-12 of the Election | 19 | | Code for filing
nomination papers for the office of president | 20 | | of a forest
preserve district where that office is elected as | 21 | | provided for in this
Section, or as set forth in Section 7-61 | 22 | | of the Election Code, a vacancy in
nomination shall be filled | 23 | | by the passage of a resolution by the nominating
committee of | 24 | | the affected political party within the time periods specified | 25 | | in
the Election Code. The nominating committee shall consist of | 26 | | the chairman of
the county central committee and the township |
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| 1 | | chairmen of the affected
political party. All other vacancies | 2 | | in nomination shall be filled in
accordance with the provisions | 3 | | of the Election Code.
| 4 | | The county board and environmental liaison president and | 5 | | commissioners elected under this Section may be reimbursed
for | 6 | | their reasonable expenses actually incurred in performing | 7 | | their official
duties under this Act in accordance with the | 8 | | provisions of Section 3a. The
reimbursement paid under this | 9 | | Section shall be paid by the forest preserve
district.
| 10 | | Compensation for the county board and environmental | 11 | | liaison president and the forest preserve commissioners | 12 | | elected under this Section
shall be established by the county | 13 | | board of commissioners of the forest preserve district .
| 14 | | This Section does not apply to a forest preserve district | 15 | | created under Section 18.5 of the Conservation District Act.
| 16 | | (Source: P.A. 94-617, eff. 8-18-05; 94-900, eff. 6-22-06.)
| 17 | | (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
| 18 | | Sec. 6. Acquisition of property. Any such District shall | 19 | | have power to
acquire lands and grounds
for the aforesaid | 20 | | purposes by lease, or in fee simple by gift, grant, legacy,
| 21 | | purchase or condemnation, or to acquire easements in land, and | 22 | | to construct,
lay out, improve and maintain wells, power | 23 | | plants, comfort stations,
shelter houses, paths, driveways, | 24 | | public roads, roadways and other
improvements and facilities in | 25 | | and through such forest preserves as they
shall deem necessary |
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| 1 | | or desirable for the use of such forest preserves by
the public | 2 | | and may acquire, develop, improve and maintain waterways in
| 3 | | conjunction with the district. No district with a population | 4 | | less than
600,000 shall have the power to purchase, condemn, | 5 | | lease or acquire an
easement in property within a municipality | 6 | | without the concurrence of the
governing body of the | 7 | | municipality, except where such district is acquiring
land for | 8 | | a linear park or trail not to exceed 100 yards in width or is
| 9 | | acquiring land contiguous to an existing park or forest | 10 | | preserve, and no
municipality shall annex any land for the | 11 | | purpose of defeating a District
acquisition once the District | 12 | | has given notice of intent to acquire a
specified parcel of | 13 | | land. No district with a population of less than
500,000 shall | 14 | | (i) have the power
to condemn property for a linear park or | 15 | | trail within a municipality
without the concurrence of the
| 16 | | governing body of the municipality or (ii) have the power to
| 17 | | condemn property for a linear park or
trail in an | 18 | | unincorporated area without the concurrence of the governing
| 19 | | body of the township within which the property is located or | 20 | | (iii) once
having commenced a proceeding to acquire land by | 21 | | condemnation, dismiss or
abandon that proceeding without the | 22 | | consent of the property owners.
No district shall establish a | 23 | | trail surface within 50 feet of an occupied
dwelling which was | 24 | | in existence prior to the approval of the acquisition by
the | 25 | | district without obtaining permission of the owners of the | 26 | | premises or
the concurrence of the governing body of the |
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| 1 | | municipality or township within
which the property is located. | 2 | | All acquisitions of land by a district with a
population less | 3 | | than 600,000
within 1 1/2 miles of a municipality shall be | 4 | | preceded by a conference with
the mayor or president of the | 5 | | municipality or his designated agent. If a
forest preserve | 6 | | district is in negotiations for acquisition of land with
owners | 7 | | of land adjacent to a municipality, the annexation of that land
| 8 | | shall be deferred for 6 months. The district shall have no | 9 | | power to acquire
an interest in real estate situated outside | 10 | | the district by the exercise of
the right of eminent domain, by | 11 | | purchase or by lease, but shall have the
power to acquire any | 12 | | such property, or an easement in any such property,
which is | 13 | | contiguous to the district by gift, legacy, grant, or lease
by | 14 | | the State of Illinois, subject to
approval of the county board | 15 | | of the county, and of any forest preserve
district or | 16 | | conservation district, within which the property is located.
| 17 | | The district shall have the same control of and power over | 18 | | land, an
interest in which it has so acquired, as over forest | 19 | | preserves within the
district. If any of the powers to acquire | 20 | | lands and hold
or improve the same given to Forest Preserve | 21 | | Districts, by Sections 5
and 6 of this Act should be held | 22 | | invalid, such invalidity shall not
invalidate the remainder of | 23 | | this Act or any of the other powers herein
given and conferred | 24 | | upon the Forest Preserve Districts. Such Forest
Preserve | 25 | | Districts shall also have power to lease not to exceed 40 acres
| 26 | | of the lands and grounds acquired by it, for a term of not more |
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| 1 | | than 99
years to veterans' organizations as grounds for | 2 | | convalescing sick and
disabled veterans, and as a place upon | 3 | | which to construct rehabilitation
quarters, or to a county as | 4 | | grounds for a county nursing home or
convalescent home. Any | 5 | | such Forest Preserve District shall also have
power to grant | 6 | | licenses, easements and rights-of-way for the
construction, | 7 | | operation and maintenance upon, under or across any
property of | 8 | | such District of facilities for water, sewage, telephone,
| 9 | | telegraph, electric, gas or other public service, subject to | 10 | | such terms
and conditions as may be determined by such | 11 | | District.
| 12 | | Any such District may purchase, but not condemn, a parcel | 13 | | of land and sell a
portion thereof for not less than fair | 14 | | market value pursuant to resolution
of the Board. Such | 15 | | resolution shall
be passed by the affirmative vote of at least | 16 | | 2/3 of all members of the
board within 30 days after | 17 | | acquisition by the district of such parcel.
| 18 | | The corporate authorities of a forest preserve district | 19 | | that (i) is located in a county that has more than 700,000 | 20 | | inhabitants, (ii) borders a county that has 1,000,000 or more | 21 | | inhabitants, and (iii) also borders another state, by ordinance | 22 | | or resolution, may authorize the sale or public auction of a | 23 | | structure located on land owned by the district if (i) the | 24 | | structure existed on the land prior to the district's | 25 | | acquisition of the land, (ii) two-thirds of the members of the | 26 | | board of commissioners then holding office find that the |
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| 1 | | structure is not necessary or is not useful to or for the best | 2 | | interest of the forest preserve district, (iii) a condition of | 3 | | sale or auction requires the transferee of the structure to | 4 | | remove the structure from district land, and (iv) prior to the | 5 | | sale or auction, the fair market value of the structure is | 6 | | determined by a written MAI-certified appraisal or by a written | 7 | | certified appraisal of a State certified or licensed real | 8 | | estate appraiser and the appraisal is available for public | 9 | | inspection. The ordinance or resolution shall (i) direct the | 10 | | sale to be conducted by the staff of the district, a listing | 11 | | with local licensed real estate agencies (in which case the | 12 | | terms of the agent's compensation shall be included in the | 13 | | ordinance or resolution), or by public auction, (ii) be | 14 | | published within 7 days after its passage in a newspaper | 15 | | published in the district, and (iii) contain pertinent | 16 | | information concerning the nature of the structure and any | 17 | | terms or conditions of sale or auction. No earlier than 14 days | 18 | | after the publication, the corporate authorities may accept any | 19 | | offer for the structure determined by them to be in the best | 20 | | interest of the district by a vote of two-thirds of the | 21 | | corporate authorities then holding office. | 22 | | Whenever the board of any forest preserve district | 23 | | determines that
the public interest will be subserved by | 24 | | vacating any street, roadway,
or driveway, or part thereof, | 25 | | located within a forest preserve, it may
vacate that street, | 26 | | roadway, or driveway, or part thereof, by an
ordinance passed |
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| 1 | | by the affirmative vote of at least 3/4 of
all the members of | 2 | | the board , except that the affirmative vote of at least
6/7 of | 3 | | all the members of the board is required if the board members | 4 | | are
elected under Section 3c of this Act . This vote shall be | 5 | | taken by ayes and
nays and entered in the records of the board.
| 6 | | The determination of the board that the nature and extent | 7 | | of the
public use or public interest to be subserved is such as | 8 | | to warrant the
vacation of any street, roadway, or driveway, or | 9 | | part thereof, is
conclusive, and the passage of such an | 10 | | ordinance is sufficient evidence
of that determination, | 11 | | whether so recited in the ordinance or not. The
relief to the | 12 | | public from further burden and responsibility of
maintaining | 13 | | any street, roadway or driveway, or part thereof,
constitutes a | 14 | | public use or public interest authorizing the vacation.
| 15 | | Nothing contained in this Section shall be construed to | 16 | | authorize the
board of any forest preserve district to vacate | 17 | | any street, roadway, or
driveway, or part thereof, that is part | 18 | | of any State or county highway.
| 19 | | When property is damaged by the vacation or closing of any | 20 | | street,
roadway, or driveway, or part thereof, damage shall be | 21 | | ascertained and
paid as provided by law.
| 22 | | Except in cases where the deed, or other instrument | 23 | | dedicating a
street, roadway, or driveway, or part thereof, has | 24 | | expressly provided
for a specific devolution of the title | 25 | | thereto upon the abandonment or
vacation thereof, and except | 26 | | where such street, roadway or driveway, or
part thereof, is |
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| 1 | | held by the district by lease, or where the district holds
an | 2 | | easement in the land included within the street, roadway or | 3 | | driveway,
whenever any street, roadway, or driveway, or part
| 4 | | thereof is vacated under or by virtue of any ordinance of any | 5 | | forest
preserve district, the title to the land in fee simple | 6 | | included within
the street, roadway, or driveway, or part | 7 | | thereof, so vacated vests in
the forest preserve district.
| 8 | | The board of any forest preserve district is authorized to | 9 | | sell at
fair market price, gravel, sand, earth and any other | 10 | | material obtained
from the lands and waters owned by the | 11 | | district.
| 12 | | For the purposes of this Section, "acquiring land" includes | 13 | | acquiring a
fee simple, lease or easement in land.
| 14 | | (Source: P.A. 97-851, eff. 7-26-12.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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