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| Public Act 096-0239 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Downstate Forest Preserve District Act is | ||||
amended by changing Section 3a and by adding Section 3d as | ||||
follows:
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(70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305)
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Sec. 3a.
Except as otherwise provided in this
Section, and | ||||
except as provided in Section
3c, 3d, and 3.5, the affairs of | ||||
the district shall be managed by a
board of commissioners
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consisting of 5 commissioners, who shall be appointed by the | ||||
presiding
officer of the county board of the county in which | ||||
such forest preserve
district is situated, with the advice and | ||||
consent of such county board.
The first appointment shall be | ||||
made within 90 days and not sooner than
60 days after such | ||||
forest preserve district has been organized as
provided herein. | ||||
Each member of such board so appointed shall be a
legal voter | ||||
in such district. The first commissioners shall be appointed
to | ||||
hold office for terms of one, 2, 3, 4, and 5 years, and until | ||||
June 30
thereafter, respectively, as determined and fixed by | ||||
lot. Thereafter,
successor commissioners shall be appointed in | ||||
the same manner no later than
the first day of the month in | ||||
which the term of a commissioner expires.
Except as provided in | ||||
Section 3c and 3d, a
vacancy occurring otherwise than by | ||
expiration of term shall be
filled for the unexpired term by | ||
appointment of a commissioner by the county
board chairman with | ||
the advice and consent of the members of the county
board. In | ||
the one district in existence on July 1, 1977, that is managed
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by an appointed board of commissioners, the incumbent 5 | ||
commissioners shall
complete their respective terms as | ||
originally prescribed in this Act. However,
upon the expiration | ||
of the terms of 2 of the incumbent commissioners on
January 1, | ||
1978, they or their successors shall be appointed to hold | ||
office
for terms of 3 and 5 years, and until June 30 | ||
thereafter, respectively,
as determined and fixed by lot. | ||
Furthermore, upon the expiration of the
terms of the remaining | ||
incumbent commissioners on January 1, 1980, they or
their | ||
successors shall be appointed to hold office for terms of 2, 4, | ||
and 5
years, and until June 30 thereafter, respectively,
as | ||
determined and fixed by lot. Thereafter, each successor | ||
commissioner
shall be appointed for a term of 5 years. Each | ||
member of
the board before entering upon the duties of his | ||
office shall take the
oath prescribed by the constitution. From | ||
the time of the appointment
of the first board of | ||
commissioners, such forest preserve district shall
be | ||
construed in all courts to be a body corporate and politic by | ||
the name
and style determined as aforesaid and by such name may | ||
sue and be sued,
contract and be contracted with, acquire and | ||
hold real and personal
estate necessary for its corporate | ||
purposes and adopt a seal and alter
the same at its pleasure.
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In case the boundaries of a district are co-extensive with
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the
boundaries of any county, city, village, incorporated town | ||
or sanitary
district, the corporate authorities of such county | ||
(until the commissioners
elected under Section 3c and 3d take | ||
office), city, village,
incorporated town or sanitary district | ||
shall have and exercise the
powers and privileges and perform | ||
the duties and functions of the
commissioners provided for in | ||
this Act and in that
case no commissioner shall
be appointed | ||
for that district. The corporate
authorities, other than
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members of a county board in counties under township | ||
organization having
a population of less than 3,000,000 and | ||
members of a county board in a
county not under township | ||
organization who were elected prior to July 1,
1965, shall act | ||
without any other pay than that already provided by law.
The | ||
members of a county board of a county under township | ||
organization
and members of a county board of a county not | ||
under township
organization who were elected prior to July 1, | ||
1965, who also act as
commissioners of a forest preserve | ||
district in counties having a
population of less than 3,000,000 | ||
may receive for their services as
commissioners of a forest | ||
preserve district a per diem fee to be fixed
by such board, but | ||
not to exceed $36 per day, which shall be in full for
all | ||
services rendered on such day, or an annual salary to be fixed | ||
by such
board, but not to exceed $3,000, plus mileage expenses | ||
at a rate not more
than the amount allowed for members of the | ||
county board of such county, as
fixed by the board, for each | ||
mile necessarily traveled in attending
meetings of the board of | ||
such district, plus any expense incurred while,
or in | ||
connection with, carrying out the business of such district
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outside the boundaries of such district, payable from the | ||
forest
preserve district treasury. The president of the Board | ||
of Commissioners
of the Forest Preserve District in counties of | ||
less than 3 million may receive
in lieu of a per diem fee an | ||
annual salary to be fixed by such board.
No Forest Preserve | ||
Commissioner shall file for a per diem payment for services
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rendered on the same day for which he filed for a per diem | ||
payment as a county
supervisor. When the county board also acts | ||
as such commissioners, a member of
the county board of a county | ||
under township organization and a member of the
county board of | ||
a county not under township organization, who is elected prior
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to July 1, 1965 may, with the permission of the county board, | ||
work alone as
such a commissioner and be paid in the usual | ||
manner.
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Unless otherwise qualified, the term "board", when used in | ||
this Act,
means the board of commissioners of any forest | ||
preserve district, or the
corporate authorities of any county, | ||
city, village, incorporated town,
or sanitary district, when | ||
acting as the governing body of a forest
preserve district.
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(Source: P.A. 88-443; 89-577, eff. 1-1-97.)
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(70 ILCS 805/3d new) | ||
Sec. 3d. Elected board of commissioners in certain other | ||
counties. If the boundaries of a district are co-extensive with | ||
the boundaries of a county having a population of more than | ||
200,000 but less than 800,000, bordering the State of Wisconsin | ||
but not adjoining any county with a population
of over | ||
2,000,000, all commissioners of the forest preserve
district | ||
shall be elected at large by the voters of the county, | ||
beginning with the general election held in 2010 and each | ||
succeeding general election. Nomination of candidates for the | ||
office of commissioner at the initial and each succeeding | ||
election shall be made by petition signed in the aggregate for | ||
each candidate by not less than 100 qualified voters of the | ||
forest preserve district. Seven commissioners shall be | ||
elected, with candidates receiving the highest, | ||
second-highest, and third-highest number of votes being | ||
elected for 6-year terms. Candidates receiving the | ||
fourth-highest and fifth-highest number of votes shall be | ||
elected for 4-year terms. Candidates receiving the | ||
sixth-highest and seventh-highest number of votes shall be | ||
elected for 2-year terms. Thereafter, each commissioner shall | ||
be elected for a 6-year term. | ||
After each general election, the forest preserve district | ||
commissioners shall elect a president from among their members | ||
for a 2-year term. | ||
Each commissioner shall be a resident of the county from | ||
which he or she was elected no later than the date of the | ||
commencement of the term of office. The term of office for the | ||
president and commissioners elected under this Section shall | ||
commence on the first Monday of the month following the month | ||
of election. | ||
Neither a commissioner nor the president of the board of | ||
commissioners shall serve simultaneously in any other elective | ||
or appointive office in the county. The president, with the | ||
advice and consent of the board of commissioners, shall appoint | ||
a secretary, treasurer, and any other officer deemed necessary | ||
by the board of commissioners. The officers need not be members | ||
of the board of commissioners. The president shall have the | ||
powers and duties as set forth in Section 12 of this Act. | ||
Candidates for commissioner shall not be candidates of
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established political parties, but shall be non-partisan. | ||
If a vacancy in the office of president or commissioner | ||
occurs, other than by expiration of the president's or a | ||
commissioner's term, the forest preserve district board of | ||
commissioners shall declare that a vacancy exists, and the | ||
board of commissioners shall, within 60 days after the date of | ||
the vacancy, upon the majority vote of the commissioners then | ||
serving, elect a person to serve for the remainder of the | ||
unexpired term. If, however, more than 28 months remain in the | ||
unexpired term of a commissioner, at the time of appointment, | ||
the appointment shall be until the next general election, at | ||
which time the vacated office of commissioner shall be filled | ||
by election for the remainder of the term. All other vacancies | ||
in nomination shall be filled in accordance with the provisions | ||
of the Election Code. | ||
The president and commissioners elected under this Section | ||
shall serve without compensation. The president and | ||
commissioners may be reimbursed for their reasonable expenses | ||
actually incurred in performing their official duties under | ||
this Act in accordance with the provisions of Section 3a. The | ||
cost of reimbursement under this Section shall be paid by the | ||
forest preserve district. | ||
This Section does not apply to a forest preserve district | ||
created under Section 18.5 of the Conservation District Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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