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Public Act 094-0900
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| HB4286 Enrolled |
LRB094 15773 HLH 50988 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Downstate Forest Preserve District Act is |
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 |
counties. 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 commissioners of the |
forest preserve district shall be elected from the
same
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districts as members of the county board beginning with the |
general election
held in 2002 and each succeeding general |
election. 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. Commissioners from the
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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
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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
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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
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of office. The term of office for the president and |
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 |
simultaneously as member or chairman of the county board. No
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person shall seek election to both the forest preserve |
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% |
of the annual
salary of
the county board chairman.
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
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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.
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Candidates for president and commissioner shall be |
candidates of
established political
parties.
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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
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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 |
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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
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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
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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
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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
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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.
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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.
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The president and commissioners elected under this Section |
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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
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district.
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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
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the same as that of county board members of the county with |
which the
forest
preserve district's boundaries are |
co-extensive.
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This Section does not apply to a forest preserve district |
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 |
becoming law. |
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