Rep. Deborah Conroy
Filed: 3/15/2013
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1 | AMENDMENT TO HOUSE BILL 2377
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2 | AMENDMENT NO. ______. Amend House Bill 2377 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Downstate Forest Preserve District Act is | ||||||
5 | amended by changing Section 3c as follows:
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6 | (70 ILCS 805/3c)
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7 | Sec. 3c. Elected board of commissioners in certain | ||||||
8 | counties. If the boundaries of a district are co-extensive with | ||||||
9 | the boundaries of a
county having a population of more than | ||||||
10 | 800,000 but less than 3,000,000,
all commissioners of the | ||||||
11 | forest preserve district shall be elected from the
same
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12 | districts as members of the county board beginning with the | ||||||
13 | general election
held in 2002 and each succeeding general | ||||||
14 | election. One commissioner shall be
elected from each district. | ||||||
15 | At their first meeting after their election in
2002 and | ||||||
16 | following each subsequent decennial reapportionment of the |
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1 | county
under Division 2-3 of the
Counties Code, the elected | ||||||
2 | commissioners shall publicly by lot divide
themselves
into 2 | ||||||
3 | groups, as equal in size as possible. Commissioners from the
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4 | first
group
shall serve for terms of 2, 4, and 4 years; and | ||||||
5 | commissioners from the second
group
shall serve terms of 4, 4, | ||||||
6 | and 2 years. Beginning with the general election in 2002, the
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7 | president of the board of commissioners of the forest
preserve | ||||||
8 | district shall be elected by the voters of the county, rather | ||||||
9 | than by
the commissioners. The president shall be a resident of | ||||||
10 | the county and shall
be elected throughout the county for a
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11 | 4-year term without having been first elected as commissioner | ||||||
12 | of the forest
preserve
district.
Each commissioner shall be a | ||||||
13 | resident of the county board district from which
he or she was | ||||||
14 | elected not later than the date of the commencement of the term
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15 | of office. The term of office for the president and | ||||||
16 | commissioners elected
under this
Section shall commence on the | ||||||
17 | first Monday
of the month following the month of election.
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18 | Neither a commissioner nor the president of the board of
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19 | commissioners of that forest preserve
district
shall serve | ||||||
20 | simultaneously as member or chairman of the county board. No
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21 | person shall seek election to both the forest preserve | ||||||
22 | commission and the
county board at the same election.
The | ||||||
23 | president, with the advice and consent of the
board of | ||||||
24 | commissioners shall appoint a secretary,
treasurer, and such | ||||||
25 | other officers as deemed necessary by the board of
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26 | commissioners, which officers need not be members of the board |
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1 | of
commissioners. The president shall have the powers and | ||||||
2 | duties as specified in
Section 12 of this Act.
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3 | Candidates for president and commissioner shall be | ||||||
4 | candidates of
established political
parties.
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5 | If a vacancy in the office of president or commissioner | ||||||
6 | occurs, other
than by expiration
of the president's or | ||||||
7 | commissioner's term, the
forest preserve district board of | ||||||
8 | commissioners shall declare that a vacancy
exists and | ||||||
9 | notification of the vacancy shall be given to the county | ||||||
10 | central
committee of each established political party within 3 | ||||||
11 | business days after the
occurrence of the vacancy. If the | ||||||
12 | vacancy occurs in the office of forest
preserve
district | ||||||
13 | commissioner, the
president of the board
of commissioners | ||||||
14 | shall,
within 60 days after the date of the vacancy,
with the | ||||||
15 | advice and consent of other commissioners then serving, appoint | ||||||
16 | a
person to serve for the remainder of the unexpired term.
The | ||||||
17 | appointee
shall be affiliated with the same political party as | ||||||
18 | the commissioner in whose
office the vacancy occurred and be a | ||||||
19 | resident of such district. If a vacancy
in the office of | ||||||
20 | president occurs, other than by expiration of the president's
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21 | term, the remaining members of
the board of commissioners | ||||||
22 | shall, within 60 days after the vacancy,
appoint one of the | ||||||
23 | commissioners to serve as
president for the remainder of
the | ||||||
24 | unexpired term.
In that case, the office of the commissioner | ||||||
25 | who is appointed to serve
as president shall be deemed vacant | ||||||
26 | and shall be filled within 60 days by
appointment of the |
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1 | president with the advice and consent of the other forest
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2 | preserve district commissioners. The commissioner who is | ||||||
3 | appointed to fill a
vacancy in
the office of president shall be | ||||||
4 | affiliated with the same political party as
the person who | ||||||
5 | occupied the office of president prior to the vacancy. A person
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6 | appointed to fill a vacancy in the office of president or | ||||||
7 | commissioner shall
establish his or her party affiliation by | ||||||
8 | his or her record of voting in
primary elections or by holding | ||||||
9 | or having held an office in an established
political party | ||||||
10 | organization before the appointment. If the appointee has not
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11 | voted in a party primary election or is not holding or has not | ||||||
12 | held an office
in an established political party organization | ||||||
13 | before the appointment, the
appointee shall establish his or | ||||||
14 | her political party affiliation by his or her
record of | ||||||
15 | participating in an established political party's nomination | ||||||
16 | or
election caucus.
If, however, more than 28 months remain in | ||||||
17 | the unexpired
term of a commissioner or the president, the
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18 | appointment shall be until the next general election, at
which | ||||||
19 | time the
vacated office of commissioner or president shall be | ||||||
20 | filled by election for the
remainder of the term.
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21 | Notwithstanding any law to the contrary, if a vacancy occurs | ||||||
22 | after
the last day provided in Section 7-12 of the Election | ||||||
23 | Code for filing
nomination papers for the office of president | ||||||
24 | of a forest
preserve district where that office is elected as | ||||||
25 | provided for in this
Section, or as set forth in Section 7-61 | ||||||
26 | of the Election Code, a vacancy in
nomination shall be filled |
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1 | by the passage of a resolution by the nominating
committee of | ||||||
2 | the affected political party within the time periods specified | ||||||
3 | in
the Election Code. The nominating committee shall consist of | ||||||
4 | the chairman of
the county central committee and the township | ||||||
5 | chairmen of the affected
political party. All other vacancies | ||||||
6 | in nomination shall be filled in
accordance with the provisions | ||||||
7 | of the Election Code.
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8 | The president and commissioners elected under this Section | ||||||
9 | may be reimbursed
for their reasonable expenses actually | ||||||
10 | incurred in performing their official
duties under this Act in | ||||||
11 | accordance with the provisions of Section 3a. The
reimbursement | ||||||
12 | paid under this Section shall be paid by the forest preserve
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13 | district.
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14 | Compensation for the president and the forest preserve | ||||||
15 | commissioners elected under this Section
shall be established | ||||||
16 | by the board of commissioners of the forest preserve district. | ||||||
17 | At the next general election after the effective date of | ||||||
18 | this amendatory Act of the 98th General Assembly, the question | ||||||
19 | of the whether the president and forest preserve district | ||||||
20 | commissioners shall serve without compensation shall be | ||||||
21 | presented to the voters of the county in which a forest | ||||||
22 | preserve district described under this Section is located.
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23 | The proposition shall be in substantially the following | ||||||
24 | form: | ||||||
25 | Shall the president and forest preserve district | ||||||
26 | commissioners of (name of forest preserve district) serve |
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1 | without compensation, except that they shall be reimbursed | ||||||
2 | for their reasonable expenses? | ||||||
3 | The votes shall be recorded as "Yes" and "No". | ||||||
4 | If a majority of the votes cast are in favor of the | ||||||
5 | proposition, the president and forest preserve commissioners | ||||||
6 | whose terms begin on and after the effective date of this | ||||||
7 | amendatory Act of the 98th General Assembly shall serve without | ||||||
8 | compensation, except that they shall be reimbursed
for their | ||||||
9 | reasonable expenses actually incurred in performing their | ||||||
10 | official
duties under this Act in accordance with the | ||||||
11 | provisions of Section 3a. The
reimbursement paid under this | ||||||
12 | Section shall be paid by the forest preserve
district. | ||||||
13 | This Section does not apply to a forest preserve district | ||||||
14 | created under Section 18.5 of the Conservation District Act.
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15 | (Source: P.A. 94-617, eff. 8-18-05; 94-900, eff. 6-22-06.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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