SB2934 96TH GENERAL ASSEMBLY

LRB096 16862 RLJ 32173 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2934

Introduced 1/28/2010, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

70 ILCS 805/3c

Amends the Downstate Forest Preserve District Act. Provides that, beginning with the general election in 2012 and each succeeding general election, a forest preserve district shall be divided into 6 districts and one commissioner of the forest preserve district shall be elected from each district that is co-extensive with a county with a population of more than 800,000 but less than 3,000,000 (now, commissioners of the forest preserve district are elected from the same districts as members of the county board). Provides that by July 1, 2011 and each 10 years thereafter, the board of commissioners of a forest preserve district shall develop an apportionment plan for the district. Sets forth the requirements for the apportionment plan. Provides that, if any forest preserve district fails to complete the reapportionment of its district by July 1 in 2011 or any 10 years thereafter, the county clerk of that county shall convene the county apportionment commission to develop the apportionment plan. Sets forth the requirements for filing an apportionment plan. Provides that, if no apportionment plan is filed, then the commissioners of the forest preserve district shall be elected at large in the district. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Downstate Forest Preserve District Act is amended by changing Section 3c as follows:

(70 ILCS 805/3c)

Sec. 3c. Elected board of commissioners in certain counties.

(a) This Section applies only if 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.

All , all commissioners of the forest preserve district shall be elected from the same districts as members of the county board beginning with the general election held in 2002 and each succeeding general election through 2010. One commissioner shall be elected from each district. At their first meeting after their election in 2002 and following each subsequent decennial reapportionment of the county under Division 2-3 of the Counties Code, the elected commissioners shall publicly by lot divide themselves into 2 groups, as equal in size as possible.

Beginning with the general election held in 2012 and each succeeding general election, the forest preserve district shall be divided into 6 districts. One commissioner shall be elected from each district. At their first meeting after their election in 2012 and following each subsequent decennial reapportionment as required under subsection (b), the elected commissioners shall publicly by lot divide themselves into 2 equal groups.

Commissioners from the first group shall serve for terms of 2, 4, and 4 years; and commissioners from the second group shall serve terms of 4, 4, and 2 years. Beginning with the general election in 2002, the president of the board of commissioners of the forest preserve district shall be elected by the voters of the county, rather than by the commissioners. The president shall be a resident of the county and shall be elected throughout the county for a 4-year term without having been first elected as commissioner of the forest preserve district. Each commissioner shall be a resident of the county board district from which he or she was elected not 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 of that forest preserve district shall serve simultaneously as member or chairman of the county board. No person shall seek election to both the forest preserve commission and the county board at the same election. The president, with the advice and consent of the board of commissioners shall appoint a secretary, treasurer, and such other officers as deemed necessary by the board of commissioners, which officers need not be members of the board of commissioners. The president shall have the powers and duties as specified in Section 12 of this Act.

Candidates for president and commissioner shall be candidates of established political parties.

(b) By July 1, 2011 and each 10 years thereafter, the board of commissioners shall develop an apportionment plan whereby each district:

(1) shall be substantially equal in population;

(2) shall be comprised of contiguous territory, as nearly compact as practical;

(3) may divide townships or municipalities only when necessary to conform to the population requirement of item (1) of this subsection (b); and

(4) shall be created in such a manner so that no precinct shall be divided between 2 or more districts, insofar as is practical.

If any forest preserve district fails to complete the reapportionment of its district by July 1 in 2011 or any 10 years thereafter, the county clerk of that county shall convene the county apportionment commission as defined in item (b) of Section 2-3001 of the Counties Code. Three members of the county apportionment commission shall constitute a quorum, but a majority of all the members must vote affirmatively on any determination made by the county apportionment commission. The county apportionment commission shall adopt rules for its procedure. The county apportionment commission shall develop an apportionment plan for the district in the manner provided by this Section. The county apportionment commission shall submit its apportionment plan by October 1 in the year that it is convened, except that the circuit court, for good cause shown, may grant an extension of time, not exceeding a total of 60 days, within which such a plan may be submitted.

The apportionment plan developed by the forest preserve district board of commissioners or the county apportionment commission, as the case may be, must be filed in the office of the county clerk by the time required by this subsection (b). The county clerk shall promptly forward copies of that plan to the president of the forest preserve district board of commissioners and shall keep other copies of the plan available for distribution free of charge to any registered voter of the district requesting a copy. If no apportionment plan is filed with the county clerk as required by this Section, the commissioners of the forest preserve district board shall be elected at large in the district.

(c) If a vacancy in the office of president or commissioner occurs, other than by expiration of the president's or commissioner's term, the forest preserve district board of commissioners shall declare that a vacancy exists and notification of the vacancy shall be given to the county central committee of each established political party within 3 business days after the occurrence of the vacancy. If the vacancy occurs in the office of forest preserve district commissioner, the president of the board of commissioners shall, within 60 days after the date of the vacancy, with the advice and consent of other commissioners then serving, appoint a person to serve for the remainder of the unexpired term. The appointee shall be affiliated with the same political party as the commissioner in whose office the vacancy occurred and be a resident of such district. If a vacancy in the office of president occurs, other than by expiration of the president's term, the remaining members of the board of commissioners shall, within 60 days after the vacancy, appoint one of the commissioners to serve as president for the remainder of the unexpired term. In that case, the office of the commissioner who is appointed to serve as president shall be deemed vacant and shall be filled within 60 days by appointment of the president with the advice and consent of the other forest preserve district commissioners. The commissioner who is appointed to fill a vacancy in the office of president shall be affiliated with the same political party as the person who occupied the office of president prior to the vacancy. A person appointed to fill a vacancy in the office of president or commissioner shall establish his or her party affiliation by his or her record of voting in primary elections or by holding or having held an office in an established political party organization before the appointment. If the appointee has not voted in a party primary election or is not holding or has not held an office in an established political party organization before the appointment, the appointee shall establish his or her political party affiliation by his or her record of participating in an established political party's nomination or election caucus. If, however, more than 28 months remain in the unexpired term of a commissioner or the president, the appointment shall be until the next general election, at which time the vacated office of commissioner or president shall be filled by election for the remainder of the term. Notwithstanding any law to the contrary, if a vacancy occurs after the last day provided in Section 7-12 of the Election Code for filing nomination papers for the office of president of a forest preserve district where that office is elected as provided for in this Section, or as set forth in Section 7-61 of the Election Code, a vacancy in nomination shall be filled by the passage of a resolution by the nominating committee of the affected political party within the time periods specified in the Election Code. The nominating committee shall consist of the chairman of the county central committee and the township chairmen of the affected political party. All other vacancies in nomination shall be filled in accordance with the provisions of the Election Code.

(d) The president and commissioners elected under this Section 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 reimbursement paid under this Section shall be paid by the forest preserve district.

Compensation for the president and the forest preserve commissioners elected under this Section shall be established by the board of commissioners of the forest preserve district.

(e) This Section does not apply to a forest preserve district created under Section 18.5 of the Conservation District Act.

(Source: P.A. 94-617, eff. 8-18-05; 94-900, eff. 6-22-06.)

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