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HB0365 Enrolled |
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LRB095 05246 HLH 25323 b |
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| AN ACT concerning conservation districts.
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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 Conservation District Act is amended by |
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| changing
Sections 5 and 6 and adding Section 18.1 as follows:
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| (70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
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| Sec. 5. Board of trustees.
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| (a) The affairs of a conservation district shall be managed |
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| by a
board
consisting
which shall consist of 5 trustees, except |
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| as otherwise provided in this
Section. If the boundaries of the |
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| district are
coextensive with the boundaries of one county, the |
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| trustees shall be
residents of that county. If the district |
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| embraces 2 counties, 3 trustees
shall be residents of the |
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| county with the larger population and 2 trustees
shall be |
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| residents of the other county. If the district embraces 3
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| counties, one trustee shall be a resident of the county with |
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| the smallest
population and each of the other counties shall |
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| have 2 resident trustees.
If the district embraces 4 counties, |
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| 2 trustees shall be residents of the
county with the largest |
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| population and each of the other counties shall
have one |
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| resident trustee. If the district embraces 5 counties, each |
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| county
shall have one resident trustee.
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| (b) A district that is entirely within a county of under |
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| 750,000
inhabitants and contiguous to a county of more than |
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| 2,000,000 inhabitants
and that is authorized by referendum as |
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| provided in subsection (d) of
Section 15 to incur indebtedness |
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| over 0.575% but not to exceed 1.725% shall
have a board |
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| consisting of 7 trustees, all of whom shall be residents of the
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| county. The additional 2 trustees shall be appointed by the |
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| chairman of
the county board, with the consent of the county |
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| board, and shall hold
office for terms expiring on June 30 as |
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| follows: one trustee after 4 years
and one trustee after 5 |
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| years from the date of the referendum. Successor
trustees shall |
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| be
appointed in the same manner no later than June 1 before the |
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| commencement
of the term of the trustee.
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| (c) Trustees shall be qualified voters of the
such district |
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| who do not hold any
other public office and are not officers of |
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| any political party. Trustees,
if nominated by the county board |
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| chairman as hereinafter provided, shall be
selected on the |
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| basis of their demonstrated interest in the purpose of
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| conservation districts.
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| (d) If the trustees are appointed, the
The chairman of the |
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| county board for the county of which the trustee is
a resident |
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| shall, with the consent of the county board of that county,
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| appoint the first trustees who shall hold office for terms |
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| expiring on June
30 after one, 2, 3, 4, and 5 year periods |
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| respectively as determined and
fixed by lot. Thereafter, |
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| successor appointed trustees shall be appointed for a term of 5 |
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| years in the same
manner no later than June 1 prior to the |
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LRB095 05246 HLH 25323 b |
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| commencement of term of the
trustee. If the term of office of |
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| any appointed trustee expires before the first
election of |
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| trustees under subsection (i) after referendum approval of |
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| elected
trustees, the chairman of the county board who |
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| appointed that trustee under
this subsection shall appoint a |
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| successor to serve until a successor is elected
and has |
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| qualified.
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| (e) When a vacancy occurs in the office of trustee, whether |
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| by death,
resignation, refusal to qualify, no longer being a |
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| qualified voter of the
district, or for any other reason, the |
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| board of trustees shall declare that a
vacancy exists. The |
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| vacancy shall be filled within 60 days.
Each successor trustee |
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| shall serve for a term of 5 years. A vacancy
occurring |
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| otherwise than by expiration of term , for appointed trustees,
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| shall be filled for the
unexpired term by appointment of a |
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| trustee by the county board chairman of
the county of which the |
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| trustee shall be a resident, with the approval of
the county |
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| board of that county. An appointed
A trustee who has served a |
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| full term of 5
years is ineligible to serve as a trustee for a |
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| period of one year
following the expiration of his or her term. |
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| In the case of an elected
trustee, appointment of an eligible |
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| person shall be by the president of the
board of trustees with |
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| the advice and consent of the other trustees. The
appointee |
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| shall serve the remainder of the unexpired term. If, however, |
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| more
than 28 months remain in the term of the elected trustee |
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| and the vacancy occurs
at least 182 days
before the next |
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LRB095 05246 HLH 25323 b |
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| general election, the appointment shall be until the next
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| general election, at which time the vacated office of the |
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| elected trustee shall
be filled by election for the remainder |
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| of the term.
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| If a vacancy occurs in the office of president of the board |
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| of trustees, the
remaining trustees shall select one of their |
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| number to serve as president for
the balance of the unexpired |
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| term of the president in whose office the vacancy
occurred. |
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| When any trustee during his or her term of
office shall |
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| cease to be a bona fide resident of the district , or shall move
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| from one township or congressional township in the district to |
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| another so that
the township residency requirements of this |
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| Section are no longer met, then he is
disqualified as a trustee |
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| and his office becomes vacant. If the district has decided to |
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| elect or appoint trustees from single member
subdistricts under |
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| subsection (i), then when any trustee during his or her term
of |
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| office shall cease to be a bona fide resident of the |
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| subdistrict he or she
is disqualified as a trustee and the |
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| office becomes vacant.
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| (f) Trustees shall serve without compensation, but may be |
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| paid their actual
and necessary expenses incurred in the |
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| performance of their official
duties.
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| (g) An appointed
A trustee may be removed for cause by the |
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| county board chairman for the
county of which the trustee is a |
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| resident, with the approval of the county
board of that county, |
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| but every such removal shall be by a written order
and ,
which
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LRB095 05246 HLH 25323 b |
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| shall be filed with the county clerk.
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| (h) A conservation district with 5 trustees may determine |
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| by majority vote
of the board to increase the size of the board |
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| to 7 trustees. With respect to
a 7-member
board, no more than 3 |
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| members may be residents
of
any township in a county under |
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| township
organization or of any congressional township in a |
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| county not under township
organization.
In the case of
a |
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| 7-member board representing a district that embraces 2 |
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| counties, 4
trustees
shall be residents of the county with the |
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| larger population and 3 trustees
shall be residents of the |
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| other county. If the district embraces 3 counties,
2 trustees |
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| shall be residents of each of the 2 counties with the smallest
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| population and
the largest county shall have 3 resident |
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| trustees. If the district
embraces 4 counties, one trustee |
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| shall be a resident of the county with the
smallest population |
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| and each of the other counties shall have 2 resident
trustees. |
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| If the district embraces 5 counties, the 2 counties with the |
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| largest
population shall each have 2 resident trustees and each |
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| of the other counties
shall have one resident trustee. The |
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| pertinent appointing authorities shall
appoint the additional |
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| 2 trustees to initial terms as equally staggered as
possible |
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| from the
terms of the trustees already appointed from that |
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| township or county so that 2
trustees representing the same |
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| area shall not be succeeded in the same year.
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| (i) Except as provided in subsection (b), a conservation |
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| district
in a county adjacent to a county with more than |
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LRB095 05246 HLH 25323 b |
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| 3,000,000 inhabitants may
determine by referendum (i)
to have |
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| an elected or appointed board of trustees, (ii) to have a board
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| of trustees with 5 or 7 members, and (iii) to have trustees
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| chosen at large or from single
member subdistricts.
If the |
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| boundaries of the district are coextensive with the boundaries
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| of a single county, the county
board may determine by ordinance |
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| to hold the referendum; or
if the boundaries of the
district |
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| are
embraced by more than one county, the county boards of
each |
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| county in the district, jointly, may determine by ordinance to
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| hold the referendum; or
a petition signed
by not less than 5% |
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| of the electors of the entire district who voted in the last |
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| gubernatorial election may be submitted to
the board of |
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| trustees requiring the district to
hold the referendum.
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| The secretary of the board of trustees shall certify the |
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| proposition
to the appropriate election authorities who shall |
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| submit the proposition at
a consolidated or general election |
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| according to the Election Code.
The Election Code shall apply |
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| to and govern the election.
The proposition shall be in |
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| substantially the following form:
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| Shall the (insert name) Conservation District have an |
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| (insert "elected" or
"appointed") board of trustees with
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| (insert "5" or "7") trustees
chosen (insert "at large" or |
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| "from single member subdistricts")?
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| The votes shall be recorded as
"Yes" or "No".
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| If a majority of the votes cast on the proposition are in |
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| the
affirmative,
the trustees of the district shall thereafter |
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LRB095 05246 HLH 25323 b |
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| be chosen as provided in this
paragraph.
At the next |
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| consolidated election,
a district that has decided by |
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| referendum to have its
trustees elected rather than appointed |
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| shall elect 5 or 7 trustees
as provided in the ordinance or |
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| petition and in the proposition.
The trustees shall be elected |
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| on a nonpartisan basis.
The provisions of the general election |
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| law shall apply to and govern
the nomination and election of |
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| the trustees.
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| (1) If the district has decided to elect or appoint at |
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| large trustees,
then with respect to a 5-member board,
the |
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| residency of members shall be the same as prescribed in
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| subsection (a).
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| With respect to a 7-member board, no more than 3 |
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| members may be residents
of
any township in a county under |
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| township
organization or of any congressional township in a |
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| county not under township
organization.
In the case of
a |
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| 7-member board representing a district that embraces 2 |
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| counties, 4
trustees
shall be residents of the county with |
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| the larger population and 3 trustees
shall be residents of |
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| the other county. If the district embraces 3 counties,
2 |
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| trustees shall be residents of each of the 2 counties with |
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| the smaller
populations and
the county with the largest |
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| population shall have 3 resident trustees. If the district
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| embraces 4 counties, one trustee shall be a resident of the |
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| county with the
smallest population and each of the other |
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| counties shall have 2 resident
trustees. If the district |
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| embraces 5 counties, the 2 counties with the largest
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| populations shall each have 2 resident trustees and each of |
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| the other counties
shall have one resident trustee.
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| (2) If the district has decided to elect or appoint |
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| trustees from single
member subdistricts, then with |
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| respect to a 5-member board of a district
embracing
a |
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| single county,
the county
board shall apportion the |
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| district into 5 subdistricts. One trustee shall be
a |
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| resident of and elected or appointed from each of the 5 |
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| subdistricts. In the
case of a
5-member board of a district
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| embracing more than one county, the members of each county |
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| board shall,
jointly, apportion the district into 5 |
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| subdistricts.
One trustee shall be a resident of and |
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| elected or appointed from each of the 5
subdistricts.
The |
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| initial subdistricts shall be apportioned within 90 days |
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| after the
referendum is approved, and the subdistricts |
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| shall be reapportioned after each
decennial census.
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| With respect to a 7-member board of a district |
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| embracing a single county,
the
county board
shall apportion |
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| the district into 7 subdistricts. One trustee shall be a
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| resident of and elected or appointed
from each of the 7 |
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| subdistricts. In the case of a 7-member board of a district
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| embracing
more than one county, the members of each county |
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| board shall, jointly,
apportion the district into 7 |
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| subdistricts. One
trustee shall be a resident of and |
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| elected or appointed from each of the 7
subdistricts.
The |
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| initial subdistricts shall be apportioned within 90 days |
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| after the
referendum is approved, and the subdistricts |
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| shall be reapportioned after each
decennial census.
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| (j) When a conservation district determines to elect or |
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| appoint trustees
as
provided in subsection (i), the terms of |
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| these trustees shall commence
on the first Monday of December |
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| following the election. The
terms of all trustees previously |
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| appointed or elected under this Section shall
expire on
the |
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| first Monday of December following the first election.
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| (1) If the district has decided to elect or appoint |
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| at-large trustees,
then the
initial elected board of |
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| trustees shall, no later than 45 days after taking
office, |
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| divide themselves publicly by lot as equally as possible |
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| into 2 groups.
Trustees or their successors from the larger |
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| group shall serve for terms of 4
years; the initial elected |
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| trustees from the second group shall serve for terms
of 2 |
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| years, and their successors shall be elected for terms of 4 |
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| years.
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| (2) If the district has decided to elect or appoint |
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| trustees from single
member
subdistricts, then the members |
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| of the initial elected board of trustees and
each
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| subsequent board
elected prior to the first decennial |
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| census following the initial apportionment
shall be |
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| elected to a term of 2 years. In the year following the |
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| first
decennial census occurring after the initial |
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| apportionment and in the year
following each subsequent |
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| decennial census, the 5 or 7 subdistricts shall be
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| reapportioned
to reflect the results of the census. The |
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| board of trustees elected in the
first election following a |
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| decennial census shall, no later than 45 days after
taking |
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| office, divide themselves publicly by lot as equally as |
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| possible into 3
groups. Trustees or their successors from |
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| one group shall be elected to terms
of 4 years, 4 years, |
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| and 2 years. Trustees or their successors from the second
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| group
shall be elected to terms of 4 years, 2 years, and 4 |
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| years. The trustee or
successors from the third group shall |
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| be elected to terms of 2 years, 4 years,
and 4 years.
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| (Source: P.A. 94-617, eff. 8-18-05.)
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| (70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
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| Sec. 6. Officers and employees. As soon as possible after |
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| the initial
election or the initial appointments, as the case |
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| may be
Within 60 days after their selection , the trustees shall |
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| organize
by selecting from their members a president, |
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| secretary, treasurer , and such
other officers as are deemed |
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| necessary, who shall hold office for 2 years in
the case of an |
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| elected board, or the
fiscal year in which elected in the case |
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| of an appointed board, and until their successors are selected |
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| and
qualify. Three trustees shall constitute a quorum of the |
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| board for the
transaction of business if the district has 5 |
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| trustees. If the
district has 7 trustees, 4 trustees shall |
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| constitute a quorum of the board
for the transaction of |
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| business. The board shall hold regular monthly
meetings. |
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| Special meetings may be called by the president and shall be |
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| called
on the request of a majority of members, as may be |
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| required.
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| The board shall provide for the proper and safe keeping of |
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| its permanent
records and for the recording of the corporate |
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| action of the district. It
shall keep a proper system of |
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| accounts showing a true and accurate record
of its receipts and |
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| disbursements , and it shall cause an annual audit to be
made of |
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| its books, records , and accounts.
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| The records of the district shall be subject to public |
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| inspection at all
reasonable hours and under such regulations |
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| as the board may prescribe.
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| The district shall annually make a full and complete report |
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| to the
county board of each county within the district and to |
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| the Department of Natural Resources of its transactions and
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| operations for the preceding year. The
Such report shall |
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| contain a full statement
of its receipts, disbursements , and |
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| the program of work for the period covered,
and may include |
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| such recommendations as may be deemed advisable.
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| Executive or ministerial duties may be delegated to one or |
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| more trustees
or to an authorized officer, employee, agent, |
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| attorney , or other
representative of the district.
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| All officers and employees authorized to receive or retain |
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| the custody
of money or to sign vouchers, checks, warrants , or |
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| evidences of indebtedness
binding upon the district shall |
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LRB095 05246 HLH 25323 b |
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| furnish surety bond for the faithful
performance of their |
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| duties and the faithful accounting for all moneys that
may come |
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| into their hands in an amount to be fixed and in a form to be
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| approved by the board.
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| All contracts for supplies, material, or work involving an |
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| expenditure in
excess of $20,000 shall be let to the lowest |
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| responsible bidder, after due
advertisement, excepting work |
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| requiring personal confidence or necessary
supplies under the |
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| control of monopolies, where competitive bidding is
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| impossible. All contracts for supplies, material , or work shall |
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| be signed by
the president of the board and by any such other |
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| officer as the board in
its discretion may designate.
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| (Source: P.A. 94-454, eff. 8-4-05.)
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| (70 ILCS 410/18.1 new)
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| Sec. 18.1. Organization as a forest preserve district. The |
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| voters of a conservation district that is entirely within one |
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| county
may, by a single referendum proposition, dissolve the |
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| conservation district
under Section 18 of this Act and |
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| incorporate as a forest preserve district
under Section 1 the |
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| Downstate Forest Preserve District Act. The referendum may
be |
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| placed on the ballot upon either of the
following: |
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| (1) An ordinance by the county board of the county in |
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| which the district
lies requiring the referendum. |
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| (2) The filing of a petition with the board of trustees |
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| signed by the
electors of the district equal in number to |
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LRB095 05246 HLH 25323 b |
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| 8% or more of the total number of
votes cast for Governor |
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| district-wide in the most recent gubernatorial election
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| asking that the question of whether the district shall be |
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| dissolved and
organized as a forest preserve district. |
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| The Secretary of the board of trustees of the county board |
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| or the board of
trustees, as appropriate, shall certify the |
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| proposition to the appropriate
election authorities who shall |
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| submit the proposition at a consolidated or
general election |
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| according to the Election Code. The Election Code shall apply
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| to and govern the election. |
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| The proposition shall be in substantially the following |
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| form: |
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| Shall (insert name) Conservation District be dissolved |
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| under the
provisions of Section 18 of the Conservation |
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| District Act and be organized as
a forest preserve district |
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| under the provisions of the Downstate Forest
Preserve |
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| District Act?
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| The votes shall be recorded as "Yes" or "No". |
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| If a majority of the votes cast on the proposition are in |
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| the affirmative,
the conservation district shall be deemed to |
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| be dissolved under Section 18 of
the Conservation District Act |
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| and the territory shall be incorporated as a
forest
preserve |
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| district under Section 1 of the Downstate Forest Preserve |
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| District
Act. The resulting forest preserve district shall not |
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| be deemed to be the legal
successor or assign of the dissolved |
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| conservation district.
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LRB095 05246 HLH 25323 b |
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| Section 10. The Downstate Forest Preserve District Act is |
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| amended by
changing Section 1 as follows:
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| (70 ILCS 805/1)
(from Ch. 96 1/2, par. 6302)
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| Sec. 1. Whenever any area of
contiguous territory lying |
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| wholly within one county contains one or more
natural forests |
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| or parks thereof and one or more cities, towns or
villages, |
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| such territory may be incorporated as a forest preserve
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| district by a referendum passed under Section 18.1 of the |
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| Conservation
District Act or in the following manner, to wit:
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| Any 500 legal voters residing within the limits of such
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| proposed district may petition the circuit court of the county |
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| in which
such proposed district lies, to order the question to |
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| be submitted to
the legal voters of such proposed district |
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| whether or not it shall be
organized as a forest preserve |
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| district under this act. Such petition
shall be addressed to |
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| the circuit court of the county in which
such proposed forest |
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| preserve district is situated and shall contain a
definite |
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| description of the territory intended to be embraced in such
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| district, and the name of such district. Upon the filing of |
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| such
petition in the office of the clerk of the circuit court |
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| of the county
in which such territory is situated, it shall be |
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| the duty of such
circuit court to fix a
day and hour for the |
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| public consideration thereof, which shall not be less than
15 |
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| days after the filing of such petition. Such circuit
court |
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HB0365 Enrolled |
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LRB095 05246 HLH 25323 b |
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| shall cause a notice of the time and place of such public
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| consideration to be published 3 successive days in some |
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| newspaper
having a general circulation in the territory |
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| proposed to be placed in such
district. The
date of the last |
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| publication of such notice shall not be less than 5
days prior |
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| to the time set for such public hearing. At the time and
place |
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| fixed for such public hearing the circuit court shall
hear any |
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| person owning property in such proposed district who desires to
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| be heard, and if the circuit judge finds that all of the
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| provisions of this act have been complied with, the court shall
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| enter an order
fixing and defining the boundaries and the name |
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| of such proposed
district in accordance with the prayer of the |
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| petition. In the event
that any other petition or petitions for |
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| the organization of a forest
preserve district or districts in |
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| the same county is filed under
this act before the time fixed |
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| for the public hearing of the first
petition, the circuit court |
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| shall postpone the
public consideration of the first petition |
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| so that the hearing of all
petitions shall be set for the same |
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| day and hour. In any county where there
are 2 or more judges |
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| sitting at the time of filing such first
petitions the clerk of |
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| the circuit court shall cause all petitions
filed subsequent to |
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| the first petition to be assigned to the
judge to whom the |
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| first petition
is assigned so that all such petitions may be |
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| heard by the same judge.
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| Should 2 or more petitions be filed under this act and come
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| on for hearing at the same time and it shall be found by the
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HB0365 Enrolled |
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LRB095 05246 HLH 25323 b |
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| circuit court that any of the territory embraced in any one
of |
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| the petitions is included in or contiguous with the territory
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| embraced in any other
petition or petitions, the circuit court |
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| may
include all of the
territory described in such petitions in |
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| one district and shall fix the
name proposed in the petition |
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| first filed as the name for the district.
After the entry of |
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| the order fixing and defining the boundaries and the
name of |
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| such proposed district, it shall be the duty of the
circuit |
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| court to order to be submitted to the legal voters
of such |
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| proposed district at any election, the question
of the |
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| organization of such proposed district. The clerk of the |
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| circuit
court shall certify the order and the question to the |
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| proper election officials
who shall submit the question to the |
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| voters of the proposed district in
accordance with the general |
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| election law.
Notice of the referendum shall contain a definite |
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| description of the territory
intended to be embraced in such |
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| district, and the name of such district.
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| (Source: P.A. 83-1362.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |