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| | HB0032 Engrossed | | LRB104 05560 RTM 15590 b |
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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 Open Meetings Act is amended by changing |
| 5 | | Section 2.02 as follows: |
| 6 | | (5 ILCS 120/2.02) (from Ch. 102, par. 42.02) |
| 7 | | Sec. 2.02. Public notice of all meetings, whether open or |
| 8 | | closed to the public, shall be given as follows: |
| 9 | | (a) Every public body shall give public notice of the |
| 10 | | schedule of regular meetings at the beginning of each calendar |
| 11 | | or fiscal year and shall state the regular dates, times, and |
| 12 | | places of such meetings. An agenda for each regular meeting |
| 13 | | shall be posted at the principal office of the public body and |
| 14 | | at the location where the meeting is to be held at least 48 |
| 15 | | hours in advance of the holding of the meeting. A public body |
| 16 | | that has a website that the full-time staff of the public body |
| 17 | | maintains shall also post on its website the agenda of any |
| 18 | | regular meetings of the governing body of that public body. |
| 19 | | Any agenda of a regular meeting that is posted on a public |
| 20 | | body's website shall remain posted on the website until the |
| 21 | | regular meeting is concluded. The requirement of a regular |
| 22 | | meeting agenda shall not preclude the consideration of items |
| 23 | | not specifically set forth in the agenda. Public notice of any |
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| 1 | | special meeting except a meeting held in the event of a bona |
| 2 | | fide emergency, or of any rescheduled regular meeting, or of |
| 3 | | any reconvened meeting, shall be given at least 48 hours |
| 4 | | before such meeting, which notice shall also include the |
| 5 | | agenda for the special, rescheduled, or reconvened meeting, |
| 6 | | but the validity of any action taken by the public body which |
| 7 | | is germane to a subject on the agenda shall not be affected by |
| 8 | | other errors or omissions in the agenda. For the purposes of |
| 9 | | this Section, "bona fide emergency" includes the appointment |
| 10 | | of a temporary deputy township supervisor under the Township |
| 11 | | Code. The requirement of public notice of reconvened meetings |
| 12 | | does not apply to any case where the meeting was open to the |
| 13 | | public and (1) it is to be reconvened within 24 hours, or (2) |
| 14 | | an announcement of the time and place of the reconvened |
| 15 | | meeting was made at the original meeting and there is no change |
| 16 | | in the agenda. Notice of an emergency meeting shall be given as |
| 17 | | soon as practicable, but in any event prior to the holding of |
| 18 | | such meeting, to any news medium which has filed an annual |
| 19 | | request for notice under subsection (b) of this Section. |
| 20 | | (b) Public notice shall be given by posting a copy of the |
| 21 | | notice at the principal office of the body holding the meeting |
| 22 | | or, if no such office exists, at the building in which the |
| 23 | | meeting is to be held. In addition, a public body that has a |
| 24 | | website that the full-time staff of the public body maintains |
| 25 | | shall post notice on its website of all meetings of the |
| 26 | | governing body of the public body. Any notice of an annual |
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| 1 | | schedule of meetings shall remain on the website until a new |
| 2 | | public notice of the schedule of regular meetings is approved. |
| 3 | | Any notice of a regular meeting that is posted on a public |
| 4 | | body's website shall remain posted on the website until the |
| 5 | | regular meeting is concluded. The body shall supply copies of |
| 6 | | the notice of its regular meetings, and of the notice of any |
| 7 | | special, emergency, rescheduled or reconvened meeting, to any |
| 8 | | news medium that has filed an annual request for such notice. |
| 9 | | Any such news medium shall also be given the same notice of all |
| 10 | | special, emergency, rescheduled or reconvened meetings in the |
| 11 | | same manner as is given to members of the body provided such |
| 12 | | news medium has given the public body an address or telephone |
| 13 | | number within the territorial jurisdiction of the public body |
| 14 | | at which such notice may be given. The failure of a public body |
| 15 | | to post on its website notice of any meeting or the agenda of |
| 16 | | any meeting shall not invalidate any meeting or any actions |
| 17 | | taken at a meeting. |
| 18 | | (c) Any agenda required under this Section shall set forth |
| 19 | | the general subject matter of any resolution or ordinance that |
| 20 | | will be the subject of final action at the meeting. The public |
| 21 | | body conducting a public meeting shall ensure that at least |
| 22 | | one copy of any requested notice and agenda for the meeting is |
| 23 | | continuously available for public review during the entire |
| 24 | | 48-hour period preceding the meeting. Posting of the notice |
| 25 | | and agenda on a website that is maintained by the public body |
| 26 | | satisfies the requirement for continuous posting under this |
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| 1 | | subsection (c). If a notice or agenda is not continuously |
| 2 | | available for the full 48-hour period due to actions outside |
| 3 | | of the control of the public body, then that lack of |
| 4 | | availability does not invalidate any meeting or action taken |
| 5 | | at a meeting. |
| 6 | | (Source: P.A. 97-827, eff. 1-1-13.) |
| 7 | | Section 10. The Township Code is amended by changing |
| 8 | | Section 60-5 as follows: |
| 9 | | (60 ILCS 1/60-5) |
| 10 | | Sec. 60-5. Filling vacancies in township offices. |
| 11 | | (a) Except for the office of township or multi-township |
| 12 | | assessor, if a township fails to elect the number of township |
| 13 | | officers that the township is entitled to by law, or a person |
| 14 | | elected to any township office fails to qualify, or a vacancy |
| 15 | | in any township office occurs for any other reason including |
| 16 | | without limitation the resignation of an officer or the |
| 17 | | conviction in any court of the State of Illinois or of the |
| 18 | | United States of an officer for an infamous crime, then the |
| 19 | | township board shall fill the vacancy by appointment, by |
| 20 | | warrant under their signatures and seals, and the persons so |
| 21 | | appointed shall hold their respective offices for the |
| 22 | | remainder of the unexpired terms. All persons so appointed |
| 23 | | shall have the same powers and duties and are subject to the |
| 24 | | same penalties as if they had been elected or appointed for a |
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| 1 | | full term of office. A vacancy in the office of township or |
| 2 | | multi-township assessor shall be filled only as provided in |
| 3 | | the Property Tax Code. |
| 4 | | For purposes of this subsection (a), a conviction for an |
| 5 | | offense that disqualifies an officer from holding that office |
| 6 | | occurs on the date of (i) the entry of a plea of guilty in |
| 7 | | court, (ii) the return of a guilty verdict, or (iii) in the |
| 8 | | case of a trial by the court, the entry of a finding of guilt. |
| 9 | | (b) If a vacancy on the township board is not filled within |
| 10 | | 60 days, then a special township meeting must be called under |
| 11 | | Section 35-5 to select a replacement under Section 35-35. |
| 12 | | (b-5) If the vacancy being filled under subsection (a) or |
| 13 | | (b) is for the township supervisor, a trustee shall be |
| 14 | | appointed as deputy supervisor to perform the ministerial |
| 15 | | functions of that office until the vacancy is filled under |
| 16 | | subsections (a) or (b). Once the vacancy is filled under |
| 17 | | subsections (a) or (b), the deputy supervisor's appointment is |
| 18 | | terminated. |
| 19 | | (c) Except as otherwise provided in this Section, whenever |
| 20 | | any township or multi-township office becomes vacant or |
| 21 | | temporarily vacant, the township or multi-township board may |
| 22 | | temporarily appoint a deputy to perform the ministerial |
| 23 | | functions of the vacant office until the vacancy has been |
| 24 | | filled as provided in subsection (a) or (b). If the office is |
| 25 | | temporarily vacant, the temporarily appointed deputy may |
| 26 | | perform the ministerial functions of the vacant office until |
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| 1 | | the township officer submits a written statement to the |
| 2 | | appropriate board that he or she is able to resume his or her |
| 3 | | duties. For the purposes of this Section, "ministerial |
| 4 | | functions" includes, but is not limited to, serving as the ex |
| 5 | | officio supervisor of general assistance in the township and |
| 6 | | administering the general assistance program under Articles |
| 7 | | VI, XI, and XII of the Illinois Public Aid Code. The statement |
| 8 | | shall be sworn to before an officer authorized to administer |
| 9 | | oaths in this State. A temporary deputy shall not be permitted |
| 10 | | to vote at any meeting of the township board on any matter |
| 11 | | properly before the board unless the appointed deputy is a |
| 12 | | trustee of the board at the time of the vote. If the appointed |
| 13 | | deputy is a trustee appointed as a temporary deputy, his or her |
| 14 | | trustee compensation shall be suspended until he or she |
| 15 | | concludes his or her appointment as an appointed deputy upon |
| 16 | | the permanent appointment to fill the vacancy. The |
| 17 | | compensation of a temporary deputy shall be determined by the |
| 18 | | appropriate board. The township board shall not appoint a |
| 19 | | deputy clerk if the township clerk has appointed a deputy |
| 20 | | clerk under Section 75-45. |
| 21 | | (d) Except for the temporary appointment of a deputy under |
| 22 | | subsection (c), any person appointed to fill a vacancy under |
| 23 | | this Section shall be a member of the same political party as |
| 24 | | the person vacating the office if the person vacating the |
| 25 | | office was elected as a member of an established political |
| 26 | | party, under Section 10-2 of the Election Code, that is still |
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| 1 | | in existence at the time of appointment. The appointee shall |
| 2 | | establish his or her political party affiliation by his or her |
| 3 | | record of voting in party primary elections or by holding or |
| 4 | | having held an office in a political party organization before |
| 5 | | appointment. If the appointee has not voted in a party primary |
| 6 | | election or is not holding or has not held an office in a |
| 7 | | political party organization before the appointment, then the |
| 8 | | appointee shall establish his or her political party |
| 9 | | affiliation by his or her record of participating in a |
| 10 | | political party's nomination or election caucus. |
| 11 | | (Source: P.A. 101-104, eff. 7-19-19.) |
| 12 | | Section 15. The Downstate Forest Preserve District Act is |
| 13 | | amended by changing Sections 3a, 3c, 3d, and 12 as follows: |
| 14 | | (70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305) |
| 15 | | Sec. 3a. Except as otherwise provided in this Section, and |
| 16 | | except as provided in Section 3c, 3d, and 3.5, the affairs of |
| 17 | | the district shall be managed by a board of commissioners |
| 18 | | consisting of 5 commissioners, who shall be appointed by the |
| 19 | | presiding officer of the county board of the county in which |
| 20 | | such forest preserve district is situated, with the advice and |
| 21 | | consent of such county board. The first appointment shall be |
| 22 | | made within 90 days and not sooner than 60 days after such |
| 23 | | forest preserve district has been organized as provided |
| 24 | | herein. Each member of such board so appointed shall be a legal |
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| 1 | | voter in such district. The first commissioners shall be |
| 2 | | appointed to hold office for terms of one, 2, 3, 4, and 5 |
| 3 | | years, and until June 30 thereafter, respectively, as |
| 4 | | determined and fixed by lot. Thereafter, successor |
| 5 | | commissioners shall be appointed in the same manner no later |
| 6 | | than the first day of the month in which the term of a |
| 7 | | commissioner expires. Except as provided in Section 3c and 3d, |
| 8 | | a vacancy occurring otherwise than by expiration of term shall |
| 9 | | be filled for the unexpired term by appointment of a |
| 10 | | commissioner by the county board chairman with the advice and |
| 11 | | consent of the members of the county board. In the one district |
| 12 | | in existence on July 1, 1977, that is managed by an appointed |
| 13 | | board of commissioners, the incumbent 5 commissioners shall |
| 14 | | complete their respective terms as originally prescribed in |
| 15 | | this Act. However, upon the expiration of the terms of 2 of the |
| 16 | | incumbent commissioners on January 1, 1978, they or their |
| 17 | | successors shall be appointed to hold office for terms of 3 and |
| 18 | | 5 years, and until June 30 thereafter, respectively, as |
| 19 | | determined and fixed by lot. Furthermore, upon the expiration |
| 20 | | of the terms of the remaining incumbent commissioners on |
| 21 | | January 1, 1980, they or their successors shall be appointed |
| 22 | | to hold office for terms of 2, 4, and 5 years, and until June |
| 23 | | 30 thereafter, respectively, as determined and fixed by lot. |
| 24 | | Thereafter, each successor commissioner shall be appointed for |
| 25 | | a term of 5 years. Each member of the board before entering |
| 26 | | upon the duties of the his office shall take the oath |
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| 1 | | prescribed by the constitution. From the time of the |
| 2 | | appointment of the first board of commissioners, such forest |
| 3 | | preserve district shall be construed in all courts to be a body |
| 4 | | corporate and politic by the name and style determined as |
| 5 | | aforesaid and by such name may sue and be sued, contract and be |
| 6 | | contracted with, acquire and hold real and personal estate |
| 7 | | necessary for its corporate purposes and adopt a seal and |
| 8 | | alter the same at its pleasure. |
| 9 | | In case the boundaries of a district are co-extensive with |
| 10 | | the boundaries of any county, city, village, incorporated town |
| 11 | | or sanitary district, the corporate authorities of such county |
| 12 | | (until the commissioners elected under Section 3c and 3d take |
| 13 | | office), city, village, incorporated town or sanitary district |
| 14 | | shall have and exercise the powers and privileges and perform |
| 15 | | the duties and functions of the commissioners provided for in |
| 16 | | this Act and in that case no commissioner shall be appointed |
| 17 | | for that district. The corporate authorities, other than |
| 18 | | members of a county board in counties under township |
| 19 | | organization having a population of less than 3,000,000 and |
| 20 | | members of a county board in a county not under township |
| 21 | | organization who were elected prior to July 1, 1965, shall act |
| 22 | | without any other pay than that already provided by law. The |
| 23 | | members of a county board of a county under township |
| 24 | | organization and members of a county board of a county not |
| 25 | | under township organization who were elected prior to July 1, |
| 26 | | 1965, who also act as commissioners of a forest preserve |
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| 1 | | district in counties having a population of less than |
| 2 | | 3,000,000 may receive for their services as commissioners of a |
| 3 | | forest preserve district a per diem fee to be fixed by such |
| 4 | | board, but not to exceed $36 per day, which shall be in full |
| 5 | | for all services rendered on such day, or an annual salary to |
| 6 | | be fixed by such board, but not to exceed $3,000, plus mileage |
| 7 | | expenses at a rate not more than the amount allowed for members |
| 8 | | of the county board of such county, as fixed by the board, for |
| 9 | | each mile necessarily traveled in attending meetings of the |
| 10 | | board of such district, plus any expense incurred while, or in |
| 11 | | connection with, carrying out the business of such district |
| 12 | | outside the boundaries of such district, payable from the |
| 13 | | forest preserve district treasury. The president of the Board |
| 14 | | of Commissioners of the Forest Preserve District in counties |
| 15 | | of less than 3 million may receive in lieu of a per diem fee an |
| 16 | | annual salary to be fixed by such board. No Forest Preserve |
| 17 | | Commissioner shall file for a per diem payment for services |
| 18 | | rendered on the same day for which the commissioner he filed |
| 19 | | for a per diem payment as a county supervisor. When the county |
| 20 | | board also acts as such commissioners, a member of the county |
| 21 | | board of a county under township organization and a member of |
| 22 | | the county board of a county not under township organization, |
| 23 | | who is elected prior to July 1, 1965 may, with the permission |
| 24 | | of the county board, work alone as such a commissioner and be |
| 25 | | paid in the usual manner. |
| 26 | | Unless otherwise qualified, the term "board", when used in |
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| 1 | | this Act, means the board of commissioners of any forest |
| 2 | | preserve district, or the corporate authorities of any county, |
| 3 | | city, village, incorporated town, or sanitary district, when |
| 4 | | acting as the governing body of a forest preserve district. |
| 5 | | (Source: P.A. 96-239, eff. 8-11-09.) |
| 6 | | (70 ILCS 805/3c) |
| 7 | | Sec. 3c. Elected board of commissioners in certain |
| 8 | | counties. If the boundaries of a district are co-extensive |
| 9 | | with the boundaries of a county having a population of more |
| 10 | | than 800,000 but less than 3,000,000, all commissioners of the |
| 11 | | forest preserve district shall be elected from the number of |
| 12 | | districts as determined by the forest preserve district board |
| 13 | | of commissioners. Such a forest preserve district is a |
| 14 | | separate and distinct legal entity, and its board members are |
| 15 | | elected separate and apart from the elected county |
| 16 | | commissioners. Upon its formation, or as a result of decennial |
| 17 | | reapportionment, such a forest preserve district shall adopt a |
| 18 | | district map determining the boundary lines of each district. |
| 19 | | That map shall be adjusted and reapportioned subject to the |
| 20 | | same decennial reapportionment process stated in Section 3c-1. |
| 21 | | No more than one commissioner shall be elected from each |
| 22 | | district. At their first meeting after election in 2022 and at |
| 23 | | their first meeting after election next following each |
| 24 | | subsequent decennial reapportionment of the county under |
| 25 | | Section 3c-1, the elected commissioners shall publicly, by |
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| 1 | | lot, divide themselves into 2 groups, as equal in size as |
| 2 | | possible. Commissioners from the first group shall serve for |
| 3 | | terms of 2, 4, and 4 years, and commissioners from the second |
| 4 | | group shall serve terms of 4, 4, and 2 years. The president of |
| 5 | | the board of commissioners of the forest preserve district |
| 6 | | shall be elected by the voters of the county, rather than by |
| 7 | | the commissioners. The president shall be a resident of the |
| 8 | | county and shall be elected throughout the county for a 4-year |
| 9 | | term without having been first elected as commissioner of the |
| 10 | | forest preserve district. Each commissioner shall be a |
| 11 | | resident of the forest preserve board district from which the |
| 12 | | commissioner he or she was elected not later than the date of |
| 13 | | the commencement of the term of office. The term of office for |
| 14 | | the president and commissioners elected under this Section |
| 15 | | shall commence on the first Monday of the month following the |
| 16 | | month of election. Neither a commissioner nor the president of |
| 17 | | the board of commissioners of that forest preserve district |
| 18 | | shall serve simultaneously as member or chairman of the county |
| 19 | | board. No person shall seek election to both the forest |
| 20 | | preserve commission and the county board at the same election, |
| 21 | | nor shall they be eligible to hold both offices at the same |
| 22 | | time. The president, with the advice and consent of the board |
| 23 | | of commissioners shall appoint a secretary, treasurer, and |
| 24 | | such other officers as deemed necessary by the board of |
| 25 | | commissioners, which officers need not be members of the board |
| 26 | | of commissioners. The president shall have the powers and |
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| 1 | | duties as specified in Section 12 of this Act. |
| 2 | | Candidates for president and commissioner shall be |
| 3 | | candidates of established political parties. |
| 4 | | If a vacancy in the office of president or commissioner |
| 5 | | occurs, other than by expiration of the president's or |
| 6 | | commissioner's term, the forest preserve district board of |
| 7 | | commissioners shall declare that a vacancy exists and |
| 8 | | notification of the vacancy shall be given to the county |
| 9 | | central committee of each established political party within 3 |
| 10 | | business days after the occurrence of the vacancy. If the |
| 11 | | vacancy occurs in the office of forest preserve district |
| 12 | | commissioner, the president of the board of commissioners |
| 13 | | shall, within 60 days after the date of the vacancy, with the |
| 14 | | advice and consent of other commissioners then serving, |
| 15 | | appoint a person to serve for the remainder of the unexpired |
| 16 | | term. The appointee shall be affiliated with the same |
| 17 | | political party as the commissioner in whose office the |
| 18 | | vacancy occurred and be a resident of such district. If a |
| 19 | | vacancy in the office of president occurs, other than by |
| 20 | | expiration of the president's term, the remaining members of |
| 21 | | the board of commissioners shall, within 60 days after the |
| 22 | | vacancy, appoint one of the commissioners to serve as |
| 23 | | president for the remainder of the unexpired term. In that |
| 24 | | case, the office of the commissioner who is appointed to serve |
| 25 | | as president shall be deemed vacant and shall be filled within |
| 26 | | 60 days by appointment of the president with the advice and |
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| 1 | | consent of the other forest preserve district commissioners. |
| 2 | | The commissioner who is appointed to fill a vacancy in the |
| 3 | | office of president shall be affiliated with the same |
| 4 | | political party as the person who occupied the office of |
| 5 | | president prior to the vacancy. A person appointed to fill a |
| 6 | | vacancy in the office of president or commissioner shall |
| 7 | | establish the appointee's his or her party affiliation by the |
| 8 | | appointee's his or her record of voting in primary elections |
| 9 | | or by holding or having held an office in an established |
| 10 | | political party organization before the appointment. If the |
| 11 | | appointee has not voted in a party primary election or is not |
| 12 | | holding or has not held an office in an established political |
| 13 | | party organization before the appointment, the appointee shall |
| 14 | | establish the appointee's his or her political party |
| 15 | | affiliation by the appointee's his or her record of |
| 16 | | participating in an established political party's nomination |
| 17 | | or election caucus. If, however, more than 28 months remain in |
| 18 | | the unexpired term of a commissioner or the president, the |
| 19 | | appointment shall be until the next general election, at which |
| 20 | | time the vacated office of commissioner or president shall be |
| 21 | | filled by election for the remainder of the term. |
| 22 | | Notwithstanding any law to the contrary, if a vacancy occurs |
| 23 | | after the last day provided in Section 7-12 of the Election |
| 24 | | Code for filing nomination papers for the office of president |
| 25 | | of a forest preserve district where that office is elected as |
| 26 | | provided for in this Section, or as set forth in Section 7-61 |
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| 1 | | of the Election Code, a vacancy in nomination shall be filled |
| 2 | | by the passage of a resolution by the nominating committee of |
| 3 | | the affected political party within the time periods specified |
| 4 | | in the Election Code. The nominating committee shall consist |
| 5 | | of the chairman of the county central committee and the |
| 6 | | township chairmen of the affected political party. All other |
| 7 | | vacancies in nomination shall be filled in accordance with the |
| 8 | | provisions of the Election Code. |
| 9 | | The president and commissioners elected under this Section |
| 10 | | may be reimbursed for their reasonable expenses actually |
| 11 | | incurred in performing their official duties under this Act in |
| 12 | | accordance with the provisions of Section 3a. The |
| 13 | | reimbursement paid under this Section shall be paid by the |
| 14 | | forest preserve district. |
| 15 | | Compensation for the president and the forest preserve |
| 16 | | commissioners elected under this Section shall be established |
| 17 | | by the board of commissioners of the forest preserve district. |
| 18 | | This Section does not apply to a forest preserve district |
| 19 | | created under Section 18.5 of the Conservation District Act. |
| 20 | | (Source: P.A. 102-668, eff. 11-15-21; 103-600, eff. 7-1-24.) |
| 21 | | (70 ILCS 805/3d) |
| 22 | | Sec. 3d. Elected board of commissioners in certain other |
| 23 | | counties. If the boundaries of a district are co-extensive |
| 24 | | with the boundaries of a county having a population of more |
| 25 | | than 200,000 but less than 800,000, bordering the State of |
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| 1 | | Wisconsin but not adjoining any county with a population of |
| 2 | | over 2,000,000, all commissioners of the forest preserve |
| 3 | | district shall be elected at large by the voters of the county, |
| 4 | | beginning with the general election held in 2010 and each |
| 5 | | succeeding general election. Nomination of candidates for the |
| 6 | | office of commissioner at the initial and each succeeding |
| 7 | | election shall be made by petition signed in the aggregate for |
| 8 | | each candidate by not less than 100 qualified voters of the |
| 9 | | forest preserve district. Seven commissioners shall be |
| 10 | | elected, with candidates receiving the highest, |
| 11 | | second-highest, and third-highest number of votes being |
| 12 | | elected for 6-year terms. Candidates receiving the |
| 13 | | fourth-highest and fifth-highest number of votes shall be |
| 14 | | elected for 4-year terms. Candidates receiving the |
| 15 | | sixth-highest and seventh-highest number of votes shall be |
| 16 | | elected for 2-year terms. Thereafter, each commissioner shall |
| 17 | | be elected for a 6-year term. |
| 18 | | After each general election, the forest preserve district |
| 19 | | commissioners shall elect a president from among their members |
| 20 | | for a 2-year term. |
| 21 | | Each commissioner shall be a resident of the county from |
| 22 | | which the commissioner he or she was elected no later than the |
| 23 | | date of the commencement of the term of office. The term of |
| 24 | | office for the president and commissioners elected under this |
| 25 | | Section shall commence on the first Monday of the month |
| 26 | | following the month of election. |
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| 1 | | Neither a commissioner nor the president of the board of |
| 2 | | commissioners shall serve simultaneously in any other elective |
| 3 | | or appointive office in the county. The president, with the |
| 4 | | advice and consent of the board of commissioners, shall |
| 5 | | appoint a secretary, treasurer, and any other officer deemed |
| 6 | | necessary by the board of commissioners. The officers need not |
| 7 | | be members of the board of commissioners. The president shall |
| 8 | | have the powers and duties as set forth in Section 12 of this |
| 9 | | Act. |
| 10 | | Candidates for commissioner shall not be candidates of |
| 11 | | established political parties, but shall be non-partisan. |
| 12 | | If a vacancy in the office of president or commissioner |
| 13 | | occurs, other than by expiration of the president's or a |
| 14 | | commissioner's term, the forest preserve district board of |
| 15 | | commissioners shall declare that a vacancy exists, and the |
| 16 | | board of commissioners shall, within 60 days after the date of |
| 17 | | the vacancy, upon the majority vote of the commissioners then |
| 18 | | serving, elect a person to serve for the remainder of the |
| 19 | | unexpired term. If, however, more than 28 months remain in the |
| 20 | | unexpired term of a commissioner, at the time of appointment, |
| 21 | | the appointment shall be until the next general election, at |
| 22 | | which time the vacated office of commissioner shall be filled |
| 23 | | by election for the remainder of the term. All other vacancies |
| 24 | | in nomination shall be filled in accordance with the |
| 25 | | provisions of the Election Code. |
| 26 | | The president and commissioners elected under this Section |
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| 1 | | shall serve without compensation. The president and |
| 2 | | commissioners may be reimbursed for their reasonable expenses |
| 3 | | actually incurred in performing their official duties under |
| 4 | | this Act in accordance with the provisions of Section 3a. The |
| 5 | | cost of reimbursement under this Section shall be paid by the |
| 6 | | forest preserve district. |
| 7 | | This Section does not apply to a forest preserve district |
| 8 | | created under Section 18.5 of the Conservation District Act. |
| 9 | | (Source: P.A. 96-239, eff. 8-11-09.) |
| 10 | | (70 ILCS 805/12) (from Ch. 96 1/2, par. 6322) |
| 11 | | Sec. 12. The president of the board of any district |
| 12 | | organized hereunder, shall preside at all meetings of the |
| 13 | | board, be the executive officer of the district, and be a |
| 14 | | member of the board. The president He shall sign all |
| 15 | | ordinances, resolutions and other papers necessary to be |
| 16 | | signed and shall execute all contracts entered into by the |
| 17 | | district and perform other duties as may be prescribed by |
| 18 | | ordinance. The president He may veto any ordinance and any |
| 19 | | orders, resolutions and actions, or any items therein |
| 20 | | contained, of the board which provide for the purchase of real |
| 21 | | estate, or for the construction of improvements within the |
| 22 | | preserves of the district. Such veto shall be filed with the |
| 23 | | secretary of the board within 5 days after the passage of the |
| 24 | | ordinance, order, resolution or action and when so vetoed the |
| 25 | | ordinance, order, resolution or action or any item therein |
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| 1 | | contained is not effective unless it is again passed by |
| 2 | | two-thirds vote of all the members of the board. The president |
| 3 | | may vote in the same manner as the other members of the board. |
| 4 | | In the temporary absence or inability of the president, the |
| 5 | | members of the board may elect from their own number a |
| 6 | | president, pro tem. |
| 7 | | The "Yeas" and "Nays" shall be taken, and entered on the |
| 8 | | journal of the board's proceedings, upon the passage of all |
| 9 | | ordinances and all proposals to create any liability, or for |
| 10 | | the expenditure or appropriation of money. The concurrence of |
| 11 | | a majority of all the members elected or appointed to the board |
| 12 | | is necessary to the passage of any such ordinance or proposal. |
| 13 | | In all other cases the "Yeas" and "Nays" shall be taken at the |
| 14 | | request of any member of the board and shall be entered on the |
| 15 | | journal of the board's proceedings. |
| 16 | | (Source: P.A. 91-933, eff. 12-30-00.) |
| 17 | | Section 20. The Child Labor Law of 2024 is amended by |
| 18 | | changing Sections 20 and 35 as follows: |
| 19 | | (820 ILCS 206/20) |
| 20 | | Sec. 20. Exemptions. |
| 21 | | (a) Nothing in this Act applies to the work of a minor |
| 22 | | engaged in agricultural pursuits, except that no minor under |
| 23 | | 12 years of age, except members of the farmer's own family who |
| 24 | | live with the farmer at his principal place of residence, at |
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| 1 | | any time shall be employed, allowed, or permitted to work in |
| 2 | | any gainful occupation in connection with agriculture, except |
| 3 | | that any minor of 10 years of age or older shall be permitted |
| 4 | | to work in a gainful occupation in connection with agriculture |
| 5 | | during school vacations or outside of school hours. |
| 6 | | (b) Nothing in this Act applies to the work of a minor |
| 7 | | engaged in the sale and distribution of magazines and |
| 8 | | newspapers outside of school hours. |
| 9 | | (c) Nothing in this Act applies a minor's performance of |
| 10 | | household chores or babysitting outside of school hours if |
| 11 | | that work is performed in or about a private residence and not |
| 12 | | in connection with an established business, trade, or |
| 13 | | profession of the person employing, allowing, or permitting |
| 14 | | the minor to perform the activities. |
| 15 | | (d) Nothing in this Act applies to the work of a minor 13 |
| 16 | | years of age or older in caddying at a golf course. |
| 17 | | (e) Nothing in this Act applies to a minor 14 or 15 years |
| 18 | | of age who is, under the direction of the minor's school, |
| 19 | | participating in work-based learning programs in accordance |
| 20 | | with the School Code. |
| 21 | | (f) Nothing in this Act prohibits an employer from |
| 22 | | employing, allowing, or permitting a minor 12 or 13 years of |
| 23 | | age to work as an officiant or an assistant instructor of youth |
| 24 | | sports activities for a not-for-profit youth club, park |
| 25 | | district, township parks and recreation department, or |
| 26 | | municipal parks and recreation department if the employer |
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| 1 | | obtains certification as provided for in Section 55 and: |
| 2 | | (1) the parent or guardian of the minor who is working |
| 3 | | as an officiant or an assistant instructor, or an adult |
| 4 | | designated by the parent or guardian, shall be present at |
| 5 | | the youth sports activity while the minor is working; |
| 6 | | (2) the minor may work as an officiant or an assistant |
| 7 | | instructor for a maximum of 3 hours per day on school days |
| 8 | | and a maximum of 4 hours per day on non-school days; |
| 9 | | (3) the minor shall not exceed 10 hours of officiating |
| 10 | | and working as assistant instructor in any week; |
| 11 | | (4) the minor shall not work later than 9:00 p.m. on |
| 12 | | any day of the week; and |
| 13 | | (5) the participants in the youth sports activity are |
| 14 | | at least 3 years younger than the minor unless an |
| 15 | | individual 16 years of age or older is officiating or |
| 16 | | instructing the same youth sports activity with the minor. |
| 17 | | The failure to satisfy the requirements of this subsection |
| 18 | | may result in the revocation of the minor's employment |
| 19 | | certificate. |
| 20 | | (Source: P.A. 103-721, eff. 1-1-25.) |
| 21 | | (820 ILCS 206/35) |
| 22 | | Sec. 35. Employer requirements. |
| 23 | | (a) It shall be unlawful for any person to employ, allow, |
| 24 | | or permit any minor to work unless the minor obtains an |
| 25 | | employment certificate authorizing the minor to work for that |
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| 1 | | person. Any person seeking to employ, allow, or permit any |
| 2 | | minor to work shall provide that minor with a notice of |
| 3 | | intention to employ to be submitted by the minor to the minor's |
| 4 | | school issuing officer with the minor's application for an |
| 5 | | employment certificate. |
| 6 | | (b) Every employer of one or more minors shall maintain, |
| 7 | | on the premises where the work is being done, records that |
| 8 | | include the name, date of birth, and place of residence of |
| 9 | | every minor who works for that employer, notice of intention |
| 10 | | to employ the minor, and the minor's employment certificate. |
| 11 | | Authorized officers and employees of the Department, truant |
| 12 | | officers, and other school officials charged with the |
| 13 | | enforcement of school attendance requirements described in |
| 14 | | Section 26-1 of the School Code may inspect the records |
| 15 | | without notice at any time. |
| 16 | | (c) Every employer of minors shall ensure that all minors |
| 17 | | are supervised by an adult 21 years of age or older, on site, |
| 18 | | at all times while the minor is working. This requirement does |
| 19 | | not apply with respect to: (i) any minor working for a park |
| 20 | | district, a township parks and recreation department, or a |
| 21 | | municipal parks and recreation department who is supervised by |
| 22 | | an adult 18 years of age or older who is an employee of the |
| 23 | | park district, the township parks and recreation department, |
| 24 | | or the municipal parks and recreation department and no |
| 25 | | alcohol or tobacco is being sold on site; or (ii) any minor |
| 26 | | working as an officiant of youth sports activities if an adult |
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| 1 | | 21 years of age or older who is an employee of the park |
| 2 | | district, the township parks and recreation department, or the |
| 3 | | municipal parks and recreation department is on call. |
| 4 | | (d) No person shall employ, allow, or permit any minor to |
| 5 | | work for more than 5 hours continuously without an interval of |
| 6 | | at least 30 minutes for a meal period. No period of less than |
| 7 | | 30 minutes shall be deemed to interrupt a continuous period of |
| 8 | | work. |
| 9 | | (e) Every employer who employs one or more minors shall |
| 10 | | post in a conspicuous place where minors are employed, |
| 11 | | allowed, or permitted to work, a notice summarizing the |
| 12 | | requirements of this Act, including a list of the occupations |
| 13 | | prohibited to minors and the Department's toll free telephone |
| 14 | | number described in Section 85. An employer with employees who |
| 15 | | do not regularly report to a physical workplace, such as |
| 16 | | employees who work remotely or travel for work, shall also |
| 17 | | provide the summary and notice by email to its employees or |
| 18 | | conspicuous posting on the employer's website or intranet |
| 19 | | site, if the site is regularly used by the employer to |
| 20 | | communicate work-related information to employees and is able |
| 21 | | to be regularly accessed by all employees, freely and without |
| 22 | | interference. The notice shall be furnished by the Department. |
| 23 | | (f) Every employer, during the period of employment of a |
| 24 | | minor and for 3 years thereafter, shall keep on file, at the |
| 25 | | place of employment, a copy of the employment certificate |
| 26 | | issued for the minor. An employment certificate shall be valid |
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| 1 | | only for the employer for whom it was issued and a new |
| 2 | | certificate shall not be issued for the employment of a minor |
| 3 | | except on the presentation of a new statement of intention to |
| 4 | | employ the minor. The failure of any employer to produce for |
| 5 | | inspection the employment certificate for each minor in the |
| 6 | | employer's establishment shall be a violation of this Act. The |
| 7 | | Department may specify any other record keeping requirements |
| 8 | | by rule. |
| 9 | | (g) In the event of the work-related death of a minor |
| 10 | | engaged in work subject to this Act, the employer shall, |
| 11 | | within 24 hours, report the death to the Department and to the |
| 12 | | school official who issued the minor's work certificate for |
| 13 | | that employer. In the event of a work-related injury or |
| 14 | | illness of a minor that requires the employer to file a report |
| 15 | | with the Illinois Workers' Compensation Commission under |
| 16 | | Section 6 of the Workers' Compensation Act or Section 6 of the |
| 17 | | Workers' Occupational Diseases Act, the employer shall submit |
| 18 | | a copy of the report to the Department and to the school |
| 19 | | official who issued the minor's work certificate for that |
| 20 | | employer within 72 hours of the deadline by which the employer |
| 21 | | must file the report to the Illinois Workers' Compensation |
| 22 | | Commission. The report shall be subject to the confidentiality |
| 23 | | provisions of Section 6 of the Workers' Compensation Act or |
| 24 | | Section 6 of the Workers' Occupational Diseases Act. |
| 25 | | (Source: P.A. 103-721, eff. 1-1-25; 103-1062, eff. 2-7-25.) |
| 26 | | Section 99. Effective date. This Act takes effect upon |