SB1481 104TH GENERAL ASSEMBLY

LRB104 06128 RTM 16161 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1481

Introduced 1/31/2025, by Sen. Steve McClure

SYNOPSIS AS INTRODUCED:

70 ILCS 1205/2-10a	from Ch. 105, par. 2-10a
70 ILCS 1205/2-12a	from Ch. 105, par. 2-12a
70 ILCS 1205/2-25	from Ch. 105, par. 2-25

Amends the Park District Code. Provides that, if a district board's membership has been expanded or reduced by referendum or resolution, the additional members will be elected not earlier than 225 days (rather than 197 days) after the referendum or resolution, and a reduction of board members will not affect the terms of any commissioners holding office at the time of the referendum or any commissioners to be elected within 225 (rather than 197) days after the referendum. Provides that, if the terms of a district's board members have increased or decreased after referendum or resolution, the terms will commence with the first regular park district election at least 225 days (rather than 197 days) after the date on which the terms were increased or reduced by referendum or resolution. Provides that, if a vacancy in the governing board of a park district occurs with more than 28 months left in the term, but less than 151 days (rather than 123 days) before the next regularly scheduled election for this office, the person appointed to fill the vacancy shall hold his or her office until the second regularly scheduled election for the office following the appointment, at which a member shall be elected to fill the vacancy for the unexpired term. Effective immediately.

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 Park District Code is amended by changing Sections 2-10a, 2-12a, and 2-25 as follows:

(70 ILCS 1205/2-10a) (from Ch. 105, par. 2-10a)

Sec. 2-10a. Any district may provide by referendum, or by resolution of the board, that the board shall be comprised of 7 commissioners. Any such referendum shall be initiated and held in the same manner as is provided by the general election law.

If a majority of the votes cast on the proposition is in favor of the 7-member board, or if the board adopts a resolution stating that it is acting pursuant to this Section in order to create a 7-member board, then whichever of the following transition schedules are appropriate shall be applied: At the election of commissioners next following by at least 225 197 days after the date on which the proposition to create a 7-member board was approved at referendum or by resolution, the number of commissioners to be elected shall be 2 more than the number that would otherwise have been elected. If this results in the election, pursuant to Section 2-12 of this Act, of 4 commissioners at that election, one of the 4, to be determined by lot within 30 days after the election, shall serve for a term of 4 years or 2 years as the case may be, instead of 6 years, so that his term will expire in the same year in which the term of only one of the incumbent commissioners expires. Thereafter, all commissioners shall be elected for 6-year terms as provided in Section 2-12. If the creation of a 7-member board results in the election of either 3 or 4 commissioners, pursuant to Section 2-12a of this Act, at that election, 2 of them, to be determined by lot within 30 days after the election, shall serve for terms of 2 years instead of 4 years. Thereafter, all commissioners shall be elected for 4-year terms as provided in Section 2-12a of this Act.

In any district where a 7-member board has been created pursuant to this Section whether by referendum or by resolution, the number of commissioners may later be reduced to 5, but only by a referendum initiated and held in the same manner as prescribed in this Section for creating a 7-member board. No proposition to reduce the number of commissioners shall affect the terms of any commissioners holding office at the time of the referendum or to be elected within 225 197 days after the referendum. If a majority of the votes cast on the proposition is in favor of reducing a 7-member board to a 5-member board, then, at the election of commissioners next following by at least 225 197 days after the date on which the proposition was approved at referendum, the number of commissioners to be elected shall be 2 less than the number that would otherwise have been elected and whichever of the following transition schedules are appropriate shall be applied: (i) if this results in the election of no commissioners for a 6-year term pursuant to Section 2-12 of this Act, then at the next election in which 3 commissioners are scheduled to be elected to 6-year terms as provided in Section 2-12, one of the 3, to be determined by lot within 30 days after the election, shall serve for a term of 4 years or 2 years, as the case may be, instead of 6 years, so that his or her term will expire in the same year in which the term of no incumbent commissioner is scheduled to expire; thereafter, all commissioners shall be elected for 6-year terms as provided in Section 2-12; or (ii) if the reduction to a 5-member board results in the election of one commissioner to a 4-year term, pursuant to Section 2-12a of this Act, then at the next election in which 4 commissioners are scheduled to be elected to 4-year terms as provided in Section 2-12a, one of the 4, to be determined by lot within 30 days after the election, shall serve for a term of 2 years, instead of 4 years, so that his or her term will expire in the same year in which the term of only one incumbent commissioner is scheduled to expire; thereafter, all commissioners shall be elected for 4-year terms as provided in Section 2-12a.

(Source: P.A. 103-467, eff. 8-4-23.)

(70 ILCS 1205/2-12a) (from Ch. 105, par. 2-12a)

Sec. 2-12a. Any district may provide, either by resolution of the board or by referendum, that the term of commissioners shall be 4 years rather than 6 years. Any such referendum shall be initiated and held in the same manner as is provided by the general election law for public questions authorized by Article VII of the Illinois Constitution.

If a majority of the votes cast on the proposition is in favor of a 4-year term for commissioners, or if the Board adopts a resolution stating that it is acting pursuant to this Section to change the term of office from 6 years to 4 years, commissioners thereafter elected, commencing with the first regular park district election at least 225 197 days after the date on which the proposition for 4-year terms was approved at referendum or by resolution, shall be elected for a term of 4 years. In order to provide for the transition from 6-year terms to 4-year terms:

(1) If 2 commissioners on a 5-member board are to be elected at the first such election and if the term of only one commissioner is scheduled to expire in the year of the next election at which commissioners are elected, of the 2 commissioners elected, one shall serve a 2-year term and one a 4-year term, to be determined by lot between the 2 persons elected within 30 days after the election.

(2) On a 7-member board under Section 2-10a, if the terms of only 2 commissioners are scheduled to expire in the year of the second election at which commissioners are elected after the first regular park district election at least 225 197 days after the date on which the proposition for 4-year terms was approved at referendum or by resolution, then:

(A) if 3 commissioners are elected at the first regular election, 2 of the commissioners elected shall serve a 2-year term and one shall serve a 4-year term to be determined by lot between persons elected within 30 days after the first election; or

(B) if 2 commissioners are elected at the first regular election, those 2 commissioners elected shall serve a 2-year term.

In any district where the board has created 4-year terms pursuant to this Section, whether by referendum or by resolution, the length of terms may later be increased to 6 years, but only by a referendum initiated and held in the same manner as prescribed in this Section for creating 4-year terms. No proposition to increase the terms of commissioners shall affect any commissioner holding office at the time of the referendum or to be elected within 225 197 days after the referendum.

(Source: P.A. 103-467, eff. 8-4-23.)

(70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)

Sec. 2-25. Vacancies. Whenever any member of the governing board of any park district (i) dies, (ii) resigns, (iii) becomes under legal disability, (iv) ceases to be a legal voter in the district, (v) is convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony, (vi) refuses or neglects to take his or her oath of office, (vii) neglects to perform the duties of his or her office or attend meetings of the board for the length of time as the board fixes by ordinance, or (viii) for any other reason specified by law, that office may be declared vacant. Vacancies shall be filled by appointment by a majority of the remaining members of the board. Any person so appointed shall hold his or her office until the next regular election for this office, at which a member shall be elected to fill the vacancy for the unexpired term, subject to the following conditions:

(1) If the vacancy occurs with less than 28 months remaining in the term, the person appointed to fill the vacancy shall hold his or her office until the expiration of the term for which he or she has been appointed, and no election to fill the vacancy shall be held.

(2) If the vacancy occurs with more than 28 months left in the term, but less than 151 123 days before the next regularly scheduled election for this office, the person appointed to fill the vacancy shall hold his or her office until the second regularly scheduled election for the office following the appointment, at which a member shall be elected to fill the vacancy for the unexpired term.

(Source: P.A. 101-257, eff. 8-9-19; 102-558, eff. 8-20-21.)

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