Full Text of HB0477 096th General Assembly
HB0477enr 96TH GENERAL ASSEMBLY
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HB0477 Enrolled |
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LRB096 06029 RLJ 16111 b |
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| AN ACT concerning local government.
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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 Downstate Forest Preserve District Act is | 5 |
| amended by changing Section 3a and by adding Section 3d as | 6 |
| follows:
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| (70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305)
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| Sec. 3a.
Except as otherwise provided in this
Section, and | 9 |
| except as provided in Section
3c , 3d, and 3.5, the affairs of | 10 |
| the district shall be managed by a
board of commissioners
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| consisting of 5 commissioners, who shall be appointed by the | 12 |
| presiding
officer of the county board of the county in which | 13 |
| such forest preserve
district is situated, with the advice and | 14 |
| consent of such county board.
The first appointment shall be | 15 |
| made within 90 days and not sooner than
60 days after such | 16 |
| forest preserve district has been organized as
provided herein. | 17 |
| Each member of such board so appointed shall be a
legal voter | 18 |
| in such district. The first commissioners shall be appointed
to | 19 |
| hold office for terms of one, 2, 3, 4, and 5 years, and until | 20 |
| June 30
thereafter, respectively, as determined and fixed by | 21 |
| lot. Thereafter,
successor commissioners shall be appointed in | 22 |
| the same manner no later than
the first day of the month in | 23 |
| which the term of a commissioner expires.
Except as provided in |
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| Section 3c and 3d , a
vacancy occurring otherwise than by | 2 |
| expiration of term shall be
filled for the unexpired term by | 3 |
| appointment of a commissioner by the county
board chairman with | 4 |
| the advice and consent of the members of the county
board. In | 5 |
| the one district in existence on July 1, 1977, that is managed
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| by an appointed board of commissioners, the incumbent 5 | 7 |
| commissioners shall
complete their respective terms as | 8 |
| originally prescribed in this Act. However,
upon the expiration | 9 |
| of the terms of 2 of the incumbent commissioners on
January 1, | 10 |
| 1978, they or their successors shall be appointed to hold | 11 |
| office
for terms of 3 and 5 years, and until June 30 | 12 |
| thereafter, respectively,
as determined and fixed by lot. | 13 |
| Furthermore, upon the expiration of the
terms of the remaining | 14 |
| incumbent commissioners on January 1, 1980, they or
their | 15 |
| successors shall be appointed to hold office for terms of 2, 4, | 16 |
| and 5
years, and until June 30 thereafter, respectively,
as | 17 |
| determined and fixed by lot. Thereafter, each successor | 18 |
| commissioner
shall be appointed for a term of 5 years. Each | 19 |
| member of
the board before entering upon the duties of his | 20 |
| office shall take the
oath prescribed by the constitution. From | 21 |
| the time of the appointment
of the first board of | 22 |
| commissioners, such forest preserve district shall
be | 23 |
| construed in all courts to be a body corporate and politic by | 24 |
| the name
and style determined as aforesaid and by such name may | 25 |
| sue and be sued,
contract and be contracted with, acquire and | 26 |
| hold real and personal
estate necessary for its corporate |
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| purposes and adopt a seal and alter
the same at its pleasure.
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| In case the boundaries of a district are co-extensive with
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| the
boundaries of any county, city, village, incorporated town | 4 |
| or sanitary
district, the corporate authorities of such county | 5 |
| (until the commissioners
elected under Section 3c and 3d take | 6 |
| office), city, village,
incorporated town or sanitary district | 7 |
| shall have and exercise the
powers and privileges and perform | 8 |
| the duties and functions of the
commissioners provided for in | 9 |
| this Act and in that
case no commissioner shall
be appointed | 10 |
| for that district. The corporate
authorities, other than
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| members of a county board in counties under township | 12 |
| organization having
a population of less than 3,000,000 and | 13 |
| members of a county board in a
county not under township | 14 |
| organization who were elected prior to July 1,
1965, shall act | 15 |
| without any other pay than that already provided by law.
The | 16 |
| members of a county board of a county under township | 17 |
| organization
and members of a county board of a county not | 18 |
| under township
organization who were elected prior to July 1, | 19 |
| 1965, who also act as
commissioners of a forest preserve | 20 |
| district in counties having a
population of less than 3,000,000 | 21 |
| may receive for their services as
commissioners of a forest | 22 |
| preserve district a per diem fee to be fixed
by such board, but | 23 |
| not to exceed $36 per day, which shall be in full for
all | 24 |
| services rendered on such day, or an annual salary to be fixed | 25 |
| by such
board, but not to exceed $3,000, plus mileage expenses | 26 |
| at a rate not more
than the amount allowed for members of the |
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| county board of such county, as
fixed by the board, for each | 2 |
| mile necessarily traveled in attending
meetings of the board of | 3 |
| such district, plus any expense incurred while,
or in | 4 |
| connection with, carrying out the business of such district
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| outside the boundaries of such district, payable from the | 6 |
| forest
preserve district treasury. The president of the Board | 7 |
| of Commissioners
of the Forest Preserve District in counties of | 8 |
| less than 3 million may receive
in lieu of a per diem fee an | 9 |
| annual salary to be fixed by such board.
No Forest Preserve | 10 |
| Commissioner shall file for a per diem payment for services
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| rendered on the same day for which he filed for a per diem | 12 |
| payment as a county
supervisor. When the county board also acts | 13 |
| as such commissioners, a member of
the county board of a county | 14 |
| under township organization and a member of the
county board of | 15 |
| a county not under township organization, who is elected prior
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| to July 1, 1965 may, with the permission of the county board, | 17 |
| work alone as
such a commissioner and be paid in the usual | 18 |
| manner.
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| Unless otherwise qualified, the term "board", when used in | 20 |
| this Act,
means the board of commissioners of any forest | 21 |
| preserve district, or the
corporate authorities of any county, | 22 |
| city, village, incorporated town,
or sanitary district, when | 23 |
| acting as the governing body of a forest
preserve district.
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| (Source: P.A. 88-443; 89-577, eff. 1-1-97.)
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| (70 ILCS 805/3d new) |
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| Sec. 3d. Elected board of commissioners in certain other | 2 |
| counties. If the boundaries of a district are co-extensive with | 3 |
| the boundaries of a county having a population of more than | 4 |
| 200,000 but less than 800,000, bordering the State of Wisconsin | 5 |
| but not adjoining any county with a population
of over | 6 |
| 2,000,000, all commissioners of the forest preserve
district | 7 |
| shall be elected at large by the voters of the county, | 8 |
| beginning with the general election held in 2010 and each | 9 |
| succeeding general election. Nomination of candidates for the | 10 |
| office of commissioner at the initial and each succeeding | 11 |
| election shall be made by petition signed in the aggregate for | 12 |
| each candidate by not less than 100 qualified voters of the | 13 |
| forest preserve district. Seven commissioners shall be | 14 |
| elected, with candidates receiving the highest, | 15 |
| second-highest, and third-highest number of votes being | 16 |
| elected for 6-year terms. Candidates receiving the | 17 |
| fourth-highest and fifth-highest number of votes shall be | 18 |
| elected for 4-year terms. Candidates receiving the | 19 |
| sixth-highest and seventh-highest number of votes shall be | 20 |
| elected for 2-year terms. Thereafter, each commissioner shall | 21 |
| be elected for a 6-year term. | 22 |
| After each general election, the forest preserve district | 23 |
| commissioners shall elect a president from among their members | 24 |
| for a 2-year term. | 25 |
| Each commissioner shall be a resident of the county from | 26 |
| which he or she was elected no later than the date of the |
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| commencement of the term of office. The term of office for the | 2 |
| president and commissioners elected under this Section shall | 3 |
| commence on the first Monday of the month following the month | 4 |
| of election. | 5 |
| Neither a commissioner nor the president of the board of | 6 |
| commissioners shall serve simultaneously in any other elective | 7 |
| or appointive office in the county. The president, with the | 8 |
| advice and consent of the board of commissioners, shall appoint | 9 |
| a secretary, treasurer, and any other officer deemed necessary | 10 |
| by the board of commissioners. The officers need not be members | 11 |
| of the board of commissioners. The president shall have the | 12 |
| powers and duties as set forth in Section 12 of this Act. | 13 |
| Candidates for commissioner shall not be candidates of
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| established political parties, but shall be non-partisan. | 15 |
| If a vacancy in the office of president or commissioner | 16 |
| occurs, other than by expiration of the president's or a | 17 |
| commissioner's term, the forest preserve district board of | 18 |
| commissioners shall declare that a vacancy exists, and the | 19 |
| board of commissioners shall, within 60 days after the date of | 20 |
| the vacancy, upon the majority vote of the commissioners then | 21 |
| serving, elect a person to serve for the remainder of the | 22 |
| unexpired term. If, however, more than 28 months remain in the | 23 |
| unexpired term of a commissioner, at the time of appointment, | 24 |
| the appointment shall be until the next general election, at | 25 |
| which time the vacated office of commissioner shall be filled | 26 |
| by election for the remainder of the term. All other vacancies |
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| in nomination shall be filled in accordance with the provisions | 2 |
| of the Election Code. | 3 |
| The president and commissioners elected under this Section | 4 |
| shall serve without compensation. The president and | 5 |
| commissioners may be reimbursed for their reasonable expenses | 6 |
| actually incurred in performing their official duties under | 7 |
| this Act in accordance with the provisions of Section 3a. The | 8 |
| cost of reimbursement under this Section shall be paid by the | 9 |
| forest preserve district. | 10 |
| This Section does not apply to a forest preserve district | 11 |
| created under Section 18.5 of the Conservation District Act.
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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