Full Text of HB0365 95th General Assembly
HB0365enr 95TH GENERAL ASSEMBLY
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HB0365 Enrolled |
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| AN ACT concerning conservation districts.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Conservation District Act is amended by | 5 |
| 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 | 9 |
| by a
board
consisting
which shall consist of 5 trustees, except | 10 |
| as otherwise provided in this
Section. If the boundaries of the | 11 |
| district are
coextensive with the boundaries of one county, the | 12 |
| trustees shall be
residents of that county. If the district | 13 |
| embraces 2 counties, 3 trustees
shall be residents of the | 14 |
| county with the larger population and 2 trustees
shall be | 15 |
| 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 | 17 |
| the smallest
population and each of the other counties shall | 18 |
| have 2 resident trustees.
If the district embraces 4 counties, | 19 |
| 2 trustees shall be residents of the
county with the largest | 20 |
| population and each of the other counties shall
have one | 21 |
| resident trustee. If the district embraces 5 counties, each | 22 |
| 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 | 2 |
| 2,000,000 inhabitants
and that is authorized by referendum as | 3 |
| provided in subsection (d) of
Section 15 to incur indebtedness | 4 |
| over 0.575% but not to exceed 1.725% shall
have a board | 5 |
| 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 | 7 |
| chairman of
the county board, with the consent of the county | 8 |
| board, and shall hold
office for terms expiring on June 30 as | 9 |
| follows: one trustee after 4 years
and one trustee after 5 | 10 |
| years from the date of the referendum. Successor
trustees shall | 11 |
| be
appointed in the same manner no later than June 1 before the | 12 |
| commencement
of the term of the trustee.
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| (c) Trustees shall be qualified voters of the
such district | 14 |
| who do not hold any
other public office and are not officers of | 15 |
| any political party. Trustees,
if nominated by the county board | 16 |
| chairman as hereinafter provided, shall be
selected on the | 17 |
| 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 | 20 |
| county board for the county of which the trustee is
a resident | 21 |
| 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 | 23 |
| expiring on June
30 after one, 2, 3, 4, and 5 year periods | 24 |
| respectively as determined and
fixed by lot. Thereafter, | 25 |
| successor appointed trustees shall be appointed for a term of 5 | 26 |
| years in the same
manner no later than June 1 prior to the |
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| commencement of term of the
trustee. If the term of office of | 2 |
| any appointed trustee expires before the first
election of | 3 |
| trustees under subsection (i) after referendum approval of | 4 |
| elected
trustees, the chairman of the county board who | 5 |
| appointed that trustee under
this subsection shall appoint a | 6 |
| successor to serve until a successor is elected
and has | 7 |
| qualified.
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| (e) When a vacancy occurs in the office of trustee, whether | 9 |
| by death,
resignation, refusal to qualify, no longer being a | 10 |
| qualified voter of the
district, or for any other reason, the | 11 |
| board of trustees shall declare that a
vacancy exists. The | 12 |
| vacancy shall be filled within 60 days.
Each successor trustee | 13 |
| shall serve for a term of 5 years. A vacancy
occurring | 14 |
| otherwise than by expiration of term , for appointed trustees,
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| shall be filled for the
unexpired term by appointment of a | 16 |
| trustee by the county board chairman of
the county of which the | 17 |
| trustee shall be a resident, with the approval of
the county | 18 |
| board of that county. An appointed
A trustee who has served a | 19 |
| full term of 5
years is ineligible to serve as a trustee for a | 20 |
| period of one year
following the expiration of his or her term. | 21 |
| In the case of an elected
trustee, appointment of an eligible | 22 |
| person shall be by the president of the
board of trustees with | 23 |
| the advice and consent of the other trustees. The
appointee | 24 |
| shall serve the remainder of the unexpired term. If, however, | 25 |
| more
than 28 months remain in the term of the elected trustee | 26 |
| and the vacancy occurs
at least 182 days
before the next |
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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 | 3 |
| elected trustee shall
be filled by election for the remainder | 4 |
| of the term.
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| If a vacancy occurs in the office of president of the board | 6 |
| of trustees, the
remaining trustees shall select one of their | 7 |
| number to serve as president for
the balance of the unexpired | 8 |
| term of the president in whose office the vacancy
occurred. | 9 |
| When any trustee during his or her term of
office shall | 10 |
| 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 | 12 |
| another so that
the township residency requirements of this | 13 |
| Section are no longer met, then he is
disqualified as a trustee | 14 |
| and his office becomes vacant. If the district has decided to | 15 |
| elect or appoint trustees from single member
subdistricts under | 16 |
| subsection (i), then when any trustee during his or her term
of | 17 |
| office shall cease to be a bona fide resident of the | 18 |
| subdistrict he or she
is disqualified as a trustee and the | 19 |
| office becomes vacant.
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| (f) Trustees shall serve without compensation, but may be | 21 |
| paid their actual
and necessary expenses incurred in the | 22 |
| performance of their official
duties.
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| (g) An appointed
A trustee may be removed for cause by the | 24 |
| county board chairman for the
county of which the trustee is a | 25 |
| resident, with the approval of the county
board of that county, | 26 |
| but every such removal shall be by a written order
and ,
which
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| shall be filed with the county clerk.
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| (h) A conservation district with 5 trustees may determine | 3 |
| by majority vote
of the board to increase the size of the board | 4 |
| to 7 trustees. With respect to
a 7-member
board, no more than 3 | 5 |
| members may be residents
of
any township in a county under | 6 |
| township
organization or of any congressional township in a | 7 |
| county not under township
organization.
In the case of
a | 8 |
| 7-member board representing a district that embraces 2 | 9 |
| counties, 4
trustees
shall be residents of the county with the | 10 |
| larger population and 3 trustees
shall be residents of the | 11 |
| other county. If the district embraces 3 counties,
2 trustees | 12 |
| 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 | 14 |
| trustees. If the district
embraces 4 counties, one trustee | 15 |
| shall be a resident of the county with the
smallest population | 16 |
| and each of the other counties shall have 2 resident
trustees. | 17 |
| If the district embraces 5 counties, the 2 counties with the | 18 |
| largest
population shall each have 2 resident trustees and each | 19 |
| of the other counties
shall have one resident trustee. The | 20 |
| pertinent appointing authorities shall
appoint the additional | 21 |
| 2 trustees to initial terms as equally staggered as
possible | 22 |
| from the
terms of the trustees already appointed from that | 23 |
| township or county so that 2
trustees representing the same | 24 |
| area shall not be succeeded in the same year.
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| (i) Except as provided in subsection (b), a conservation | 26 |
| district
in a county adjacent to a county with more than |
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| 3,000,000 inhabitants may
determine by referendum (i)
to have | 2 |
| 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 | 5 |
| boundaries of the district are coextensive with the boundaries
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| of a single county, the county
board may determine by ordinance | 7 |
| to hold the referendum; or
if the boundaries of the
district | 8 |
| are
embraced by more than one county, the county boards of
each | 9 |
| 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% | 11 |
| of the electors of the entire district who voted in the last | 12 |
| gubernatorial election may be submitted to
the board of | 13 |
| trustees requiring the district to
hold the referendum.
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| The secretary of the board of trustees shall certify the | 15 |
| proposition
to the appropriate election authorities who shall | 16 |
| submit the proposition at
a consolidated or general election | 17 |
| according to the Election Code.
The Election Code shall apply | 18 |
| to and govern the election.
The proposition shall be in | 19 |
| substantially the following form:
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| Shall the (insert name) Conservation District have an | 21 |
| (insert "elected" or
"appointed") board of trustees with
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| (insert "5" or "7") trustees
chosen (insert "at large" or | 23 |
| "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 | 26 |
| the
affirmative,
the trustees of the district shall thereafter |
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| be chosen as provided in this
paragraph.
At the next | 2 |
| consolidated election,
a district that has decided by | 3 |
| referendum to have its
trustees elected rather than appointed | 4 |
| shall elect 5 or 7 trustees
as provided in the ordinance or | 5 |
| petition and in the proposition.
The trustees shall be elected | 6 |
| on a nonpartisan basis.
The provisions of the general election | 7 |
| law shall apply to and govern
the nomination and election of | 8 |
| the trustees.
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| (1) If the district has decided to elect or appoint at | 10 |
| large trustees,
then with respect to a 5-member board,
the | 11 |
| 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 | 14 |
| members may be residents
of
any township in a county under | 15 |
| township
organization or of any congressional township in a | 16 |
| county not under township
organization.
In the case of
a | 17 |
| 7-member board representing a district that embraces 2 | 18 |
| counties, 4
trustees
shall be residents of the county with | 19 |
| the larger population and 3 trustees
shall be residents of | 20 |
| the other county. If the district embraces 3 counties,
2 | 21 |
| trustees shall be residents of each of the 2 counties with | 22 |
| the smaller
populations and
the county with the largest | 23 |
| population shall have 3 resident trustees. If the district
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| embraces 4 counties, one trustee shall be a resident of the | 25 |
| county with the
smallest population and each of the other | 26 |
| 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 | 3 |
| the other counties
shall have one resident trustee.
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| (2) If the district has decided to elect or appoint | 5 |
| trustees from single
member subdistricts, then with | 6 |
| respect to a 5-member board of a district
embracing
a | 7 |
| single county,
the county
board shall apportion the | 8 |
| district into 5 subdistricts. One trustee shall be
a | 9 |
| resident of and elected or appointed from each of the 5 | 10 |
| 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 | 12 |
| board shall,
jointly, apportion the district into 5 | 13 |
| subdistricts.
One trustee shall be a resident of and | 14 |
| elected or appointed from each of the 5
subdistricts.
The | 15 |
| initial subdistricts shall be apportioned within 90 days | 16 |
| after the
referendum is approved, and the subdistricts | 17 |
| shall be reapportioned after each
decennial census.
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| With respect to a 7-member board of a district | 19 |
| embracing a single county,
the
county board
shall apportion | 20 |
| 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 | 22 |
| 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 | 24 |
| board shall, jointly,
apportion the district into 7 | 25 |
| subdistricts. One
trustee shall be a resident of and | 26 |
| elected or appointed from each of the 7
subdistricts.
The |
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| initial subdistricts shall be apportioned within 90 days | 2 |
| after the
referendum is approved, and the subdistricts | 3 |
| shall be reapportioned after each
decennial census.
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| (j) When a conservation district determines to elect or | 5 |
| appoint trustees
as
provided in subsection (i), the terms of | 6 |
| these trustees shall commence
on the first Monday of December | 7 |
| following the election. The
terms of all trustees previously | 8 |
| appointed or elected under this Section shall
expire on
the | 9 |
| first Monday of December following the first election.
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| (1) If the district has decided to elect or appoint | 11 |
| at-large trustees,
then the
initial elected board of | 12 |
| trustees shall, no later than 45 days after taking
office, | 13 |
| divide themselves publicly by lot as equally as possible | 14 |
| into 2 groups.
Trustees or their successors from the larger | 15 |
| group shall serve for terms of 4
years; the initial elected | 16 |
| trustees from the second group shall serve for terms
of 2 | 17 |
| years, and their successors shall be elected for terms of 4 | 18 |
| years.
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| (2) If the district has decided to elect or appoint | 20 |
| trustees from single
member
subdistricts, then the members | 21 |
| of the initial elected board of trustees and
each
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| subsequent board
elected prior to the first decennial | 23 |
| census following the initial apportionment
shall be | 24 |
| elected to a term of 2 years. In the year following the | 25 |
| first
decennial census occurring after the initial | 26 |
| 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 | 3 |
| board of trustees elected in the
first election following a | 4 |
| decennial census shall, no later than 45 days after
taking | 5 |
| office, divide themselves publicly by lot as equally as | 6 |
| possible into 3
groups. Trustees or their successors from | 7 |
| one group shall be elected to terms
of 4 years, 4 years, | 8 |
| 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 | 10 |
| years. The trustee or
successors from the third group shall | 11 |
| 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 | 15 |
| the initial
election or the initial appointments, as the case | 16 |
| may be
Within 60 days after their selection , the trustees shall | 17 |
| organize
by selecting from their members a president, | 18 |
| secretary, treasurer , and such
other officers as are deemed | 19 |
| necessary, who shall hold office for 2 years in
the case of an | 20 |
| elected board, or the
fiscal year in which elected in the case | 21 |
| of an appointed board, and until their successors are selected | 22 |
| and
qualify. Three trustees shall constitute a quorum of the | 23 |
| board for the
transaction of business if the district has 5 | 24 |
| trustees. If the
district has 7 trustees, 4 trustees shall | 25 |
| constitute a quorum of the board
for the transaction of |
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| business. The board shall hold regular monthly
meetings. | 2 |
| Special meetings may be called by the president and shall be | 3 |
| called
on the request of a majority of members, as may be | 4 |
| required.
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| The board shall provide for the proper and safe keeping of | 6 |
| its permanent
records and for the recording of the corporate | 7 |
| action of the district. It
shall keep a proper system of | 8 |
| accounts showing a true and accurate record
of its receipts and | 9 |
| disbursements , and it shall cause an annual audit to be
made of | 10 |
| its books, records , and accounts.
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| The records of the district shall be subject to public | 12 |
| inspection at all
reasonable hours and under such regulations | 13 |
| as the board may prescribe.
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| The district shall annually make a full and complete report | 15 |
| to the
county board of each county within the district and to | 16 |
| the Department of Natural Resources of its transactions and
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| operations for the preceding year. The
Such report shall | 18 |
| contain a full statement
of its receipts, disbursements , and | 19 |
| the program of work for the period covered,
and may include | 20 |
| such recommendations as may be deemed advisable.
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| Executive or ministerial duties may be delegated to one or | 22 |
| more trustees
or to an authorized officer, employee, agent, | 23 |
| attorney , or other
representative of the district.
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| All officers and employees authorized to receive or retain | 25 |
| the custody
of money or to sign vouchers, checks, warrants , or | 26 |
| evidences of indebtedness
binding upon the district shall |
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| furnish surety bond for the faithful
performance of their | 2 |
| duties and the faithful accounting for all moneys that
may come | 3 |
| 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 | 6 |
| expenditure in
excess of $20,000 shall be let to the lowest | 7 |
| responsible bidder, after due
advertisement, excepting work | 8 |
| requiring personal confidence or necessary
supplies under the | 9 |
| control of monopolies, where competitive bidding is
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| impossible. All contracts for supplies, material , or work shall | 11 |
| be signed by
the president of the board and by any such other | 12 |
| 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 | 16 |
| voters of a conservation district that is entirely within one | 17 |
| county
may, by a single referendum proposition, dissolve the | 18 |
| conservation district
under Section 18 of this Act and | 19 |
| incorporate as a forest preserve district
under Section 1 the | 20 |
| Downstate Forest Preserve District Act. The referendum may
be | 21 |
| placed on the ballot upon either of the
following: | 22 |
| (1) An ordinance by the county board of the county in | 23 |
| which the district
lies requiring the referendum. | 24 |
| (2) The filing of a petition with the board of trustees | 25 |
| signed by the
electors of the district equal in number to |
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| 8% or more of the total number of
votes cast for Governor | 2 |
| district-wide in the most recent gubernatorial election
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| asking that the question of whether the district shall be | 4 |
| dissolved and
organized as a forest preserve district. | 5 |
| The Secretary of the board of trustees of the county board | 6 |
| or the board of
trustees, as appropriate, shall certify the | 7 |
| proposition to the appropriate
election authorities who shall | 8 |
| submit the proposition at a consolidated or
general election | 9 |
| according to the Election Code. The Election Code shall apply
| 10 |
| to and govern the election. | 11 |
| The proposition shall be in substantially the following | 12 |
| form: | 13 |
| Shall (insert name) Conservation District be dissolved | 14 |
| under the
provisions of Section 18 of the Conservation | 15 |
| District Act and be organized as
a forest preserve district | 16 |
| under the provisions of the Downstate Forest
Preserve | 17 |
| District Act?
| 18 |
| The votes shall be recorded as "Yes" or "No". | 19 |
| If a majority of the votes cast on the proposition are in | 20 |
| the affirmative,
the conservation district shall be deemed to | 21 |
| be dissolved under Section 18 of
the Conservation District Act | 22 |
| and the territory shall be incorporated as a
forest
preserve | 23 |
| district under Section 1 of the Downstate Forest Preserve | 24 |
| District
Act. The resulting forest preserve district shall not | 25 |
| be deemed to be the legal
successor or assign of the dissolved | 26 |
| conservation district.
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| Section 10. The Downstate Forest Preserve District Act is | 2 |
| 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 | 5 |
| wholly within one county contains one or more
natural forests | 6 |
| or parks thereof and one or more cities, towns or
villages, | 7 |
| such territory may be incorporated as a forest preserve
| 8 |
| district by a referendum passed under Section 18.1 of the | 9 |
| Conservation
District Act or in the following manner, to wit:
| 10 |
| Any 500 legal voters residing within the limits of such
| 11 |
| proposed district may petition the circuit court of the county | 12 |
| in which
such proposed district lies, to order the question to | 13 |
| be submitted to
the legal voters of such proposed district | 14 |
| whether or not it shall be
organized as a forest preserve | 15 |
| district under this act. Such petition
shall be addressed to | 16 |
| the circuit court of the county in which
such proposed forest | 17 |
| preserve district is situated and shall contain a
definite | 18 |
| description of the territory intended to be embraced in such
| 19 |
| district, and the name of such district. Upon the filing of | 20 |
| such
petition in the office of the clerk of the circuit court | 21 |
| of the county
in which such territory is situated, it shall be | 22 |
| the duty of such
circuit court to fix a
day and hour for the | 23 |
| public consideration thereof, which shall not be less than
15 | 24 |
| days after the filing of such petition. Such circuit
court |
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| shall cause a notice of the time and place of such public
| 2 |
| consideration to be published 3 successive days in some | 3 |
| newspaper
having a general circulation in the territory | 4 |
| proposed to be placed in such
district. The
date of the last | 5 |
| publication of such notice shall not be less than 5
days prior | 6 |
| to the time set for such public hearing. At the time and
place | 7 |
| fixed for such public hearing the circuit court shall
hear any | 8 |
| person owning property in such proposed district who desires to
| 9 |
| be heard, and if the circuit judge finds that all of the
| 10 |
| provisions of this act have been complied with, the court shall
| 11 |
| enter an order
fixing and defining the boundaries and the name | 12 |
| of such proposed
district in accordance with the prayer of the | 13 |
| petition. In the event
that any other petition or petitions for | 14 |
| the organization of a forest
preserve district or districts in | 15 |
| the same county is filed under
this act before the time fixed | 16 |
| for the public hearing of the first
petition, the circuit court | 17 |
| shall postpone the
public consideration of the first petition | 18 |
| so that the hearing of all
petitions shall be set for the same | 19 |
| day and hour. In any county where there
are 2 or more judges | 20 |
| sitting at the time of filing such first
petitions the clerk of | 21 |
| the circuit court shall cause all petitions
filed subsequent to | 22 |
| the first petition to be assigned to the
judge to whom the | 23 |
| first petition
is assigned so that all such petitions may be | 24 |
| heard by the same judge.
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| Should 2 or more petitions be filed under this act and come
| 26 |
| on for hearing at the same time and it shall be found by the
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| circuit court that any of the territory embraced in any one
of | 2 |
| the petitions is included in or contiguous with the territory
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| embraced in any other
petition or petitions, the circuit court | 4 |
| may
include all of the
territory described in such petitions in | 5 |
| one district and shall fix the
name proposed in the petition | 6 |
| first filed as the name for the district.
After the entry of | 7 |
| the order fixing and defining the boundaries and the
name of | 8 |
| such proposed district, it shall be the duty of the
circuit | 9 |
| court to order to be submitted to the legal voters
of such | 10 |
| proposed district at any election, the question
of the | 11 |
| organization of such proposed district. The clerk of the | 12 |
| circuit
court shall certify the order and the question to the | 13 |
| proper election officials
who shall submit the question to the | 14 |
| voters of the proposed district in
accordance with the general | 15 |
| election law.
Notice of the referendum shall contain a definite | 16 |
| description of the territory
intended to be embraced in such | 17 |
| district, and the name of such district.
| 18 |
| (Source: P.A. 83-1362.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law. |
|