Full Text of HB4286 94th General Assembly
HB4286enr 94TH GENERAL ASSEMBLY
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HB4286 Enrolled |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Downstate Forest Preserve District Act is | 5 |
| amended by changing Section 3c as follows:
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| (70 ILCS 805/3c)
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| Sec. 3c. Elected board of commissioners in certain | 8 |
| counties. If the boundaries of a district are co-extensive with | 9 |
| the boundaries of a
county having a population of more than | 10 |
| 800,000 but less than 3,000,000,
all commissioners of the | 11 |
| forest preserve district shall be elected from the
same
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| districts as members of the county board beginning with the | 13 |
| general election
held in 2002 and each succeeding general | 14 |
| election. One commissioner shall be
elected from each district. | 15 |
| At their first meeting after their election in
2002 and | 16 |
| following each subsequent decennial reapportionment of the | 17 |
| county
under Division 2-3 of the
Counties Code, the elected | 18 |
| commissioners shall publicly by lot divide
themselves
into 2 | 19 |
| groups, as equal in size as possible. Commissioners from the
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| first
group
shall serve for terms of 2, 4, and 4 years; and | 21 |
| commissioners from the second
group
shall serve terms of 4, 4, | 22 |
| and 2 years. Beginning with the general election in 2002, the
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| president of the board of commissioners of the forest
preserve | 24 |
| district shall be elected by the voters of the county, rather | 25 |
| than by
the commissioners. The president shall be a resident of | 26 |
| the county and shall
be elected throughout the county for a
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| 4-year term without having been first elected as commissioner | 28 |
| of the forest
preserve
district.
Each commissioner shall be a | 29 |
| resident of the county board district from which
he or she was | 30 |
| elected not later than the date of the commencement of the term
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| of office. The term of office for the president and | 32 |
| commissioners elected
under this
Section shall commence on the |
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| first Monday
of the month following the month of election.
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| Neither a commissioner nor the president of the board of
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| commissioners of that forest preserve
district
shall serve | 4 |
| simultaneously as member or chairman of the county board. No
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| person shall seek election to both the forest preserve | 6 |
| commission and the
county board at the same election. The
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| compensation for the president shall be an amount equal to 85% | 8 |
| of the annual
salary of
the county board chairman.
The | 9 |
| president, with the advice and consent of the
board of | 10 |
| commissioners shall appoint a secretary,
treasurer, and such | 11 |
| other officers as deemed necessary by the board of
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| commissioners, which officers need not be members of the board | 13 |
| of
commissioners. The president shall have the powers and | 14 |
| duties as specified in
Section 12 of this Act.
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| Candidates for president and commissioner shall be | 16 |
| candidates of
established political
parties.
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| If a vacancy in the office of president or commissioner | 18 |
| occurs, other
than by expiration
of the president's or | 19 |
| commissioner's term, the
forest preserve district board of | 20 |
| commissioners shall declare that a vacancy
exists and | 21 |
| notification of the vacancy shall be given to the county | 22 |
| central
committee of each established political party within 3 | 23 |
| business days after the
occurrence of the vacancy. If the | 24 |
| vacancy occurs in the office of forest
preserve
district | 25 |
| commissioner, the
president of the board
of commissioners | 26 |
| shall,
within 60 days after the date of the vacancy,
with the | 27 |
| advice and consent of other commissioners then serving, appoint | 28 |
| a
person to serve for the remainder of the unexpired term.
The | 29 |
| appointee
shall be affiliated with the same political party as | 30 |
| the commissioner in whose
office the vacancy occurred and be a | 31 |
| resident of such district. If a vacancy
in the office of | 32 |
| president occurs, other than by expiration of the president's
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| term, the remaining members of
the board of commissioners | 34 |
| shall, within 60 days after the vacancy,
appoint one of the | 35 |
| commissioners to serve as
president for the remainder of
the | 36 |
| unexpired term.
In that case, the office of the commissioner |
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| who is appointed to serve
as president shall be deemed vacant | 2 |
| and shall be filled within 60 days by
appointment of the | 3 |
| president with the advice and consent of the other forest
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| preserve district commissioners. The commissioner who is | 5 |
| appointed to fill a
vacancy in
the office of president shall be | 6 |
| affiliated with the same political party as
the person who | 7 |
| occupied the office of president prior to the vacancy. A person
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| appointed to fill a vacancy in the office of president or | 9 |
| commissioner shall
establish his or her party affiliation by | 10 |
| his or her record of voting in
primary elections or by holding | 11 |
| or having held an office in an established
political party | 12 |
| organization before the appointment. If the appointee has not
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| voted in a party primary election or is not holding or has not | 14 |
| held an office
in an established political party organization | 15 |
| before the appointment, the
appointee shall establish his or | 16 |
| her political party affiliation by his or her
record of | 17 |
| participating in an established political party's nomination | 18 |
| or
election caucus.
If, however, more than 28 months remain in | 19 |
| the unexpired
term of a commissioner or the president, the
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| appointment shall be until the next general election, at
which | 21 |
| time the
vacated office of commissioner or president shall be | 22 |
| filled by election for the
remainder of the term.
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| Notwithstanding any law to the contrary, if a vacancy occurs | 24 |
| after
the last day provided in Section 7-12 of the Election | 25 |
| Code for filing
nomination papers for the office of president | 26 |
| of a forest
preserve district where that office is elected as | 27 |
| provided for in this
Section, or as set forth in Section 7-61 | 28 |
| of the Election Code, a vacancy in
nomination shall be filled | 29 |
| by the passage of a resolution by the nominating
committee of | 30 |
| the affected political party within the time periods specified | 31 |
| in
the Election Code. The nominating committee shall consist of | 32 |
| the chairman of
the county central committee and the township | 33 |
| chairmen of the affected
political party. All other vacancies | 34 |
| in nomination shall be filled in
accordance with the provisions | 35 |
| of the Election Code.
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| The president and commissioners elected under this Section |
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| may be reimbursed
for their reasonable expenses actually | 2 |
| incurred in performing their official
duties under this Act in | 3 |
| accordance with the provisions of Section 3a. The
reimbursement | 4 |
| paid under this Section shall be paid by the forest preserve
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| district.
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| Compensation for the president and the forest preserve | 7 |
| commissioners elected under this Section
shall be established | 8 |
| by the board of commissioners of the forest preserve district
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| the same as that of county board members of the county with | 10 |
| which the
forest
preserve district's boundaries are | 11 |
| co-extensive .
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| This Section does not apply to a forest preserve district | 13 |
| created under Section 18.5 of the Conservation District Act.
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| (Source: P.A. 94-617, eff. 8-18-05.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law. |
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