Full Text of HB5128 96th General Assembly
HB5128 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5128
Introduced 1/29/2010, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/2A-1.2 |
from Ch. 46, par. 2A-1.2 |
70 ILCS 810/2.1 |
from Ch. 96 1/2, par. 6403 |
70 ILCS 810/5 |
from Ch. 96 1/2, par. 6408 |
70 ILCS 810/14 |
from Ch. 96 1/2, par. 6417 |
70 ILCS 810/20 |
from Ch. 96 1/2, par. 6423 |
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Amends the Cook County Forest Preserve District Act. Provides that the commissioners of the Forest Preserve District of Cook County shall be elected from 3 specified election districts. Provides the election procedures and terms of office for the 9 commissioners. Provides that the president, with the advice and consent of the board of commissioners, must appoint a general superintendent. Provides that the general superintendent is the chief administrative officer of the district. Amends the Election Code. Provides that, at the general election in the appropriate even-numbered years, the offices of commissioner of the Forest Preserve District of Cook County shall be filled. Contains other provisions. Effective immediately.
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A BILL FOR
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HB5128 |
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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 Election Code is amended by changing Section | 5 |
| 2A-1.2 as follows:
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| (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
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| Sec. 2A-1.2. Consolidated Schedule of Elections - Offices | 8 |
| Designated.
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| (a) At the general election in the appropriate | 10 |
| even-numbered years, the
following offices shall be filled or | 11 |
| shall be on the ballot as otherwise
required by this Code:
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| (1) Elector of President and Vice President of the | 13 |
| United States;
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| (2) United States Senator and United States | 15 |
| Representative;
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| (3) State Executive Branch elected officers;
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| (4) State Senator and State Representative;
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| (5) County elected officers, including State's | 19 |
| Attorney, County Board
member, County Commissioners, and | 20 |
| elected President of the County Board or
County Chief | 21 |
| Executive;
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| (6) Circuit Court Clerk;
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| (7) Regional Superintendent of Schools, except in |
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| counties or
educational service regions in which that | 2 |
| office has been abolished;
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| (8) Judges of the Supreme, Appellate and Circuit | 4 |
| Courts, on the question
of retention, to fill vacancies and | 5 |
| newly created judicial offices;
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| (9) (Blank);
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| (10) Trustee of the Metropolitan Sanitary District of | 8 |
| Chicago, and elected
Trustee of other Sanitary Districts;
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| (11) Special District elected officers, not otherwise | 10 |
| designated in this
Section, where the statute creating or | 11 |
| authorizing the creation of
the district requires an annual | 12 |
| election and permits or requires election
of candidates of | 13 |
| political parties ; . | 14 |
| (12) Forest preserve district commissioners elected | 15 |
| under Section 5 of the Cook County Forest Preserve District | 16 |
| Act.
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| (b) At the general primary election:
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| (1) in each even-numbered year candidates of political | 19 |
| parties shall be
nominated for those offices to be filled | 20 |
| at the general election in that
year, except where pursuant | 21 |
| to law nomination of candidates of political
parties is | 22 |
| made by caucus.
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| (2) in the appropriate even-numbered years the | 24 |
| political party offices of
State central committeeman, | 25 |
| township committeeman, ward committeeman, and
precinct | 26 |
| committeeman shall be filled and delegates and alternate |
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| delegates
to the National nominating conventions shall be | 2 |
| elected as may be required
pursuant to this Code. In the | 3 |
| even-numbered years in which a Presidential
election is to | 4 |
| be held, candidates in the Presidential preference primary
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| shall also be on the ballot.
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| (3) in each even-numbered year, where the municipality | 7 |
| has provided for
annual elections to elect municipal | 8 |
| officers pursuant to Section 6(f) or
Section 7 of Article | 9 |
| VII of the Constitution, pursuant to the Illinois
Municipal | 10 |
| Code or pursuant to the municipal charter, the offices of | 11 |
| such
municipal officers shall be filled at an election held | 12 |
| on the date of the
general primary election, provided that | 13 |
| the municipal election shall be a
nonpartisan election | 14 |
| where required by the Illinois Municipal Code. For
partisan | 15 |
| municipal elections in even-numbered years, a primary to | 16 |
| nominate
candidates for municipal office to be elected at | 17 |
| the general primary
election shall be held on the Tuesday 6 | 18 |
| weeks preceding that election.
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| (4) in each school district which has adopted the | 20 |
| provisions of
Article 33 of the School Code, successors to | 21 |
| the members of the board
of education whose terms expire in | 22 |
| the year in which the general primary is
held shall be | 23 |
| elected.
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| (c) At the consolidated election in the appropriate | 25 |
| odd-numbered years,
the following offices shall be filled:
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| (1) Municipal officers, provided that in |
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| municipalities in which
candidates for alderman or other | 2 |
| municipal office are not permitted by law
to be candidates | 3 |
| of political parties, the runoff election where required
by | 4 |
| law, or the nonpartisan election where required by law, | 5 |
| shall be held on
the date of the consolidated election; and | 6 |
| provided further, in the case of
municipal officers | 7 |
| provided for by an ordinance providing the form of
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| government of the municipality pursuant to Section 7 of | 9 |
| Article VII of the
Constitution, such offices shall be | 10 |
| filled by election or by runoff
election as may be provided | 11 |
| by such ordinance;
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| (2) Village and incorporated town library directors;
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| (3) City boards of stadium commissioners;
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| (4) Commissioners of park districts;
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| (5) Trustees of public library districts;
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| (6) Special District elected officers, not otherwise | 17 |
| designated in this
section, where the statute creating or | 18 |
| authorizing the creation of the district
permits or | 19 |
| requires election of candidates of political parties;
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| (7) Township officers, including township park | 21 |
| commissioners, township
library directors, and boards of | 22 |
| managers of community buildings, and
Multi-Township | 23 |
| Assessors;
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| (8) Highway commissioners and road district clerks;
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| (9) Members of school boards in school districts which | 26 |
| adopt Article 33
of the School Code;
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| (10) The directors and chairman of the Chain O Lakes - | 2 |
| Fox River Waterway
Management Agency;
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| (11) Forest preserve district commissioners elected | 4 |
| under Section 3.5 of
the Downstate Forest Preserve District | 5 |
| Act;
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| (12) Elected members of school boards, school | 7 |
| trustees, directors of
boards of school directors, | 8 |
| trustees of county boards of school trustees
(except in | 9 |
| counties or educational service regions having a | 10 |
| population
of 2,000,000 or more inhabitants) and members of | 11 |
| boards of school inspectors,
except school boards in school
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| districts that adopt Article 33 of the School Code;
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| (13) Members of Community College district boards;
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| (14) Trustees of Fire Protection Districts;
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| (15) Commissioners of the Springfield Metropolitan | 16 |
| Exposition and
Auditorium
Authority;
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| (16) Elected Trustees of Tuberculosis Sanitarium | 18 |
| Districts;
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| (17) Elected Officers of special districts not | 20 |
| otherwise designated in
this Section for which the law | 21 |
| governing those districts does not permit
candidates of | 22 |
| political parties.
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| (d) At the consolidated primary election in each | 24 |
| odd-numbered year,
candidates of political parties shall be | 25 |
| nominated for those offices to be
filled at the consolidated | 26 |
| election in that year, except where pursuant to
law nomination |
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| of candidates of political parties is made by caucus, and
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| except those offices listed in paragraphs (12) through (17) of | 3 |
| subsection
(c).
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| At the consolidated primary election in the appropriate | 5 |
| odd-numbered years,
the mayor, clerk, treasurer, and aldermen | 6 |
| shall be elected in
municipalities in which
candidates for | 7 |
| mayor, clerk, treasurer, or alderman are not permitted by
law | 8 |
| to be candidates
of political parties, subject to runoff | 9 |
| elections to be held at the
consolidated election as may be | 10 |
| required
by law, and municipal officers shall be nominated in a | 11 |
| nonpartisan election
in municipalities in which pursuant to law | 12 |
| candidates for such office are
not permitted to be candidates | 13 |
| of political parties.
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| At the consolidated primary election in the appropriate | 15 |
| odd-numbered years,
municipal officers shall be nominated or | 16 |
| elected, or elected subject to
a runoff, as may be provided by | 17 |
| an ordinance providing a form of government
of the municipality | 18 |
| pursuant to Section 7 of Article VII of the Constitution.
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| (e) (Blank).
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| (f) At any election established in Section 2A-1.1, public | 21 |
| questions may
be submitted to voters pursuant to this Code and | 22 |
| any special election
otherwise required or authorized by law or | 23 |
| by court order may be conducted
pursuant to this Code.
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| Notwithstanding the regular dates for election of officers | 25 |
| established
in this Article, whenever a referendum is held for | 26 |
| the establishment of
a political subdivision whose officers are |
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| to be elected, the initial officers
shall be elected at the | 2 |
| election at which such referendum is held if otherwise
so | 3 |
| provided by law. In such cases, the election of the initial | 4 |
| officers
shall be subject to the referendum.
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| Notwithstanding the regular dates for election of | 6 |
| officials established
in this Article, any community college | 7 |
| district which becomes effective by
operation of law pursuant | 8 |
| to Section 6-6.1 of the Public Community College
Act, as now or | 9 |
| hereafter amended, shall elect the initial district board
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| members at the next regularly scheduled election following the | 11 |
| effective
date of the new district.
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| (g) At any election established in Section 2A-1.1, if in | 13 |
| any precinct
there are no offices or public questions required | 14 |
| to be on the ballot under
this Code then no election shall be | 15 |
| held in the precinct on that date.
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| (h) There may be conducted a
referendum in accordance with | 17 |
| the provisions of Division 6-4 of the
Counties Code.
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| (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | 19 |
| eff. 8-9-96; 90-358, eff. 1-1-98.)
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| Section 10. The Cook County Forest Preserve District Act is | 21 |
| amended by changing Sections 2.1, 5, 14, and 20 as follows:
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| (70 ILCS 810/2.1) (from Ch. 96 1/2, par. 6403)
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| Sec. 2.1. Definition of board. "Board" means the board of | 24 |
| commissioners for the Forest Preserve District of Cook County |
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| county board of commissioners when acting
as the governing body | 2 |
| of a forest preserve district .
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| (Source: P.A. 80-320.)
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| (70 ILCS 810/5) (from Ch. 96 1/2, par. 6408)
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| Sec. 5. Election of commissioners. Prior to December 3, | 6 |
| 2012, the The county board of commissioners of the county in | 7 |
| which a forest
preserve district is located shall be the forest | 8 |
| preserve district board
of such district and the president of | 9 |
| the county board shall be the president
of the forest preserve | 10 |
| district board. The members shall act without any
other pay | 11 |
| than that already provided by law.
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| Beginning on December 3, 2012, the affairs of the district | 13 |
| shall be managed by a board of commissioners consisting of 9 | 14 |
| members. Beginning with the general election held in 2012 and | 15 |
| at each succeeding general election, the commissioners shall be | 16 |
| elected from the 3 election districts for the Cook County Board | 17 |
| of Review created under Section 5-5 of the Property Tax Code. | 18 |
| Candidates for commissioner shall not be candidates of | 19 |
| established political parties, but shall be non-partisan. Each | 20 |
| commissioner must be a resident of the election district for at | 21 |
| least one year prior to the commencement of the term of office. | 22 |
| Nomination of candidates for the office of commissioner at the | 23 |
| initial and each succeeding election shall be made by petition | 24 |
| signed in the aggregate for each candidate by not less than | 25 |
| 1,000 qualified voters of the election district. |
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| At the 2012 general election, 3 commissioners shall be | 2 |
| elected from each election district. No later than 30 days | 3 |
| after the 2012 general election, the county clerk shall divide | 4 |
| the commissioners publicly by lot into 3 equal groups, with one | 5 |
| commissioner from each election district in each group. | 6 |
| Commissioners or their successors from group one shall be | 7 |
| elected to initial terms of 6 years. Commissioners or their | 8 |
| successors from the second group shall be elected to initial | 9 |
| terms of 4 years. The commissioners or their successors from | 10 |
| the third group shall be elected to initial terms of 2 years. | 11 |
| Thereafter, each commissioner shall be elected for a 6-year | 12 |
| term. The commissioners shall elect from their number a | 13 |
| president for a 2-year term. | 14 |
| The term of office for the commissioners elected under this | 15 |
| Section shall begin on the first Monday of the month following | 16 |
| the month of the election. Each commissioner before entering | 17 |
| upon the duties of his or her office shall take an oath to | 18 |
| faithfully discharge his or her duties as a commissioner. The | 19 |
| commissioners shall hold their office until their successors | 20 |
| are elected and qualified. No commissioner shall serve | 21 |
| simultaneously as a commissioner and a member or chairperson of | 22 |
| another countywide elected board, commission, or agency. | 23 |
| If a vacancy in the position of board president or | 24 |
| commissioner occurs, other than by expiration of the | 25 |
| president's or commissioner's term, the board shall declare | 26 |
| that a vacancy exists. If the vacancy occurs in the office of |
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| the president, the board shall, within 30 days after the date | 2 |
| of the vacancy, appoint a person to serve for the remainder of | 3 |
| the unexpired term or until his or her successor is elected and | 4 |
| qualified. If a vacancy occurs in the office of forest preserve | 5 |
| district commissioner, the president of the board shall, within | 6 |
| 60 days after the date of the vacancy, with the advice and | 7 |
| consent of the other commissioners then serving, appoint a | 8 |
| person to serve for the remainder of the unexpired term or | 9 |
| until his or her successor is elected and qualified. If more | 10 |
| than 28 months remain in the unexpired term of a commissioner, | 11 |
| the appointment shall be until the next general election, at | 12 |
| which time the vacated office shall be filled by election for | 13 |
| the remainder of the term. | 14 |
| All commissioners elected or appointed under this Section | 15 |
| shall serve without compensation, but they shall be reimbursed | 16 |
| for their reasonable expenses actually incurred in performing | 17 |
| their official duties. | 18 |
| (Source: P.A. 80-320.)
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| (70 ILCS 810/14) (from Ch. 96 1/2, par. 6417)
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| Sec. 14. Powers of board; officers. The board, as corporate | 21 |
| authority of a forest
preserve district, shall have power to | 22 |
| pass and enforce all necessary
ordinances, rules and | 23 |
| regulations for the management of the property and
conduct of | 24 |
| the business of such district. The board shall set the policies | 25 |
| and goals for the district. The president of such board , with |
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| the advice and consent of the board of commissioners, must | 2 |
| appoint a general superintendent to manage the forest preserve | 3 |
| district and
shall have power to appoint a secretary and an | 4 |
| assistant secretary, and
treasurer and an assistant treasurer | 5 |
| and such other officers and such
employees as may be necessary, | 6 |
| all of whom, excepting the treasurer and
attorneys, shall be | 7 |
| under civil service rules and regulations, as
provided in | 8 |
| Section 17 of this Act. The appointed officers do not need to | 9 |
| be members of the board. The general superintendent is the | 10 |
| chief administrative officer of the district and shall | 11 |
| supervise and be responsible for all administrative and | 12 |
| operational matters of the forest preserve district. The | 13 |
| general superintendent must be a resident of the forest | 14 |
| preserve district. He or she must be selected solely based on | 15 |
| his or her administrative and technical qualifications and | 16 |
| without regard to his or her political affiliations. The | 17 |
| general superintendent shall not serve simultaneously as the | 18 |
| general superintendent and a commissioner. The assistant | 19 |
| secretary and assistant
treasurer shall perform the duties of | 20 |
| the secretary and treasurer,
respectively, in case of death of | 21 |
| said officers or when said officers
are unable to perform the | 22 |
| duties of their respective offices because of
absence or | 23 |
| inability to act. All contracts for supplies, material or
work | 24 |
| involving an expenditure by forest preserve
districts in excess | 25 |
| of $25,000 shall be let to the lowest
responsible bidder,
after | 26 |
| due advertisement, excepting work requiring personal |
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| confidence or necessary
supplies under the control of | 2 |
| monopolies, where competitive bidding is
impossible. Contracts | 3 |
| for supplies, material or work involving an
expenditure of | 4 |
| $25,000 or less may be let without advertising for bids,
but | 5 |
| whenever practicable, at least 3 competitive bids shall be | 6 |
| obtained
before letting such contract. All contracts for | 7 |
| supplies, material or
work shall be signed by the president of | 8 |
| the board and
by any such other officer as the board in its | 9 |
| discretion may designate.
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| Salaries of employees shall be fixed by ordinance.
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| (Source: P.A. 94-951, eff. 6-27-06.)
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| (70 ILCS 810/20) (from Ch. 96 1/2, par. 6423)
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| Sec. 20. Duties of president; vote of board. The president | 14 |
| shall preside at all meetings of the board and
be the executive | 15 |
| officer of the district . He or she shall sign all ordinances,
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| resolutions and other papers necessary to be signed and shall | 17 |
| execute
all contracts entered into by the district and perform | 18 |
| other duties as
may be prescribed by ordinance. In the case of | 19 |
| a special meeting, the president shall cause notice to be given | 20 |
| to all members as provided by the rule of the board. He may | 21 |
| veto any ordinance and any
orders, resolutions and actions, or | 22 |
| any items therein contained, of the
board which provide for the | 23 |
| purchase of real estate, or for the
construction of | 24 |
| improvements within the preserves of the district. Such
veto | 25 |
| shall be filed with the secretary of the board within 5 days |
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| after
the passage of the ordinance, order, resolution or action | 2 |
| and when so
vetoed the ordinance, order, resolution or action | 3 |
| or any item therein
contained is not effective unless it is | 4 |
| again passed by two-thirds vote
of all the members of the | 5 |
| board. The president may vote in the same
manner as the other | 6 |
| members of the board. In the temporary absence or
inability of | 7 |
| the president, the members of the board may elect from
their | 8 |
| own number a president, pro tem.
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| The "Yeas" and "Nays" shall be taken, and entered on the | 10 |
| journal of
the board's proceedings, upon the passage of all | 11 |
| ordinances and all
proposals to create any liability, or for | 12 |
| the expenditure or
appropriation of money. The concurrence of a | 13 |
| majority of all the members
appointed to the board is necessary | 14 |
| to the passage of any such ordinance
or proposal. In all other | 15 |
| cases the "Yeas" and "Nays" shall be taken at
the request of | 16 |
| any member of the board and shall be entered on the
journal of | 17 |
| the board's proceedings.
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| (Source: P.A. 80-320.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law. |
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