Illinois General Assembly - Full Text of HB0746
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Full Text of HB0746  99th General Assembly



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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing Section
52A-1.2 as follows:
6    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
7    Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
9    (a) At the general election in the appropriate
10even-numbered years, the following offices shall be filled or
11shall be on the ballot as otherwise required by this Code:
12        (1) Elector of President and Vice President of the
13    United States;
14        (2) United States Senator and United States
15    Representative;
16        (3) State Executive Branch elected officers;
17        (4) State Senator and State Representative;
18        (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;
22        (6) Circuit Court Clerk;
23        (7) Regional Superintendent of Schools, except in



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1    counties or educational service regions in which that
2    office has been abolished;
3        (8) Judges of the Supreme, Appellate and Circuit
4    Courts, on the question of retention, to fill vacancies and
5    newly created judicial offices;
6        (9) (Blank);
7        (10) Trustee of the Metropolitan Sanitary District of
8    Chicago, and elected Trustee of other Sanitary Districts;
9        (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 3e of the Downstate Forest Preserve District
16    Act.
17    (b) At the general primary election:
18        (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.
23        (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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1    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
5    shall also be on the ballot.
6        (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.
19        (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.
24    (c) At the consolidated election in the appropriate
25odd-numbered years, the following offices shall be filled:
26        (1) Municipal officers, provided that in



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1    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
8    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;
12        (2) Village and incorporated town library directors;
13        (3) City boards of stadium commissioners;
14        (4) Commissioners of park districts;
15        (5) Trustees of public library districts;
16        (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;
20        (7) Township officers, including township park
21    commissioners, township library directors, and boards of
22    managers of community buildings, and Multi-Township
23    Assessors;
24        (8) Highway commissioners and road district clerks;
25        (9) Members of school boards in school districts which
26    adopt Article 33 of the School Code;



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1        (10) The directors and chairman of the Chain O Lakes -
2    Fox River Waterway Management Agency;
3        (11) Forest preserve district commissioners elected
4    under Section 3.5 of the Downstate Forest Preserve District
5    Act;
6        (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
12    districts that adopt Article 33 of the School Code;
13        (13) Members of Community College district boards;
14        (14) Trustees of Fire Protection Districts;
15        (15) Commissioners of the Springfield Metropolitan
16    Exposition and Auditorium Authority;
17        (16) Elected Trustees of Tuberculosis Sanitarium
18    Districts;
19        (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.
23    (d) At the consolidated primary election in each
24odd-numbered year, candidates of political parties shall be
25nominated for those offices to be filled at the consolidated
26election in that year, except where pursuant to law nomination



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1of candidates of political parties is made by caucus, and
2except those offices listed in paragraphs (12) through (17) of
3subsection (c).
4    At the consolidated primary election in the appropriate
5odd-numbered years, the mayor, clerk, treasurer, and aldermen
6shall be elected in municipalities in which candidates for
7mayor, clerk, treasurer, or alderman are not permitted by law
8to be candidates of political parties, subject to runoff
9elections to be held at the consolidated election as may be
10required by law, and municipal officers shall be nominated in a
11nonpartisan election in municipalities in which pursuant to law
12candidates for such office are not permitted to be candidates
13of political parties.
14    At the consolidated primary election in the appropriate
15odd-numbered years, municipal officers shall be nominated or
16elected, or elected subject to a runoff, as may be provided by
17an ordinance providing a form of government of the municipality
18pursuant to Section 7 of Article VII of the Constitution.
19    (e) (Blank).
20    (f) At any election established in Section 2A-1.1, public
21questions may be submitted to voters pursuant to this Code and
22any special election otherwise required or authorized by law or
23by court order may be conducted pursuant to this Code.
24    Notwithstanding the regular dates for election of officers
25established in this Article, whenever a referendum is held for
26the establishment of a political subdivision whose officers are



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1to be elected, the initial officers shall be elected at the
2election at which such referendum is held if otherwise so
3provided by law. In such cases, the election of the initial
4officers shall be subject to the referendum.
5    Notwithstanding the regular dates for election of
6officials established in this Article, any community college
7district which becomes effective by operation of law pursuant
8to Section 6-6.1 of the Public Community College Act, as now or
9hereafter amended, shall elect the initial district board
10members at the next regularly scheduled election following the
11effective date of the new district.
12    (g) At any election established in Section 2A-1.1, if in
13any precinct there are no offices or public questions required
14to be on the ballot under this Code then no election shall be
15held in the precinct on that date.
16    (h) There may be conducted a referendum in accordance with
17the provisions of Division 6-4 of the Counties Code.
18(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
19eff. 8-9-96; 90-358, eff. 1-1-98.)
20    Section 10. The Downstate Forest Preserve District Act is
21amended by changing Section 3a and by adding Section 3e as
23    (70 ILCS 805/3a)  (from Ch. 96 1/2, par. 6305)
24    Sec. 3a. Except as otherwise provided in this Section, and



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1except as provided in Section 3c, 3d, 3e, and 3.5, the affairs
2of the district shall be managed by a board of commissioners
3consisting of 5 commissioners, who shall be appointed by the
4presiding officer of the county board of the county in which
5such forest preserve district is situated, with the advice and
6consent of such county board. The first appointment shall be
7made within 90 days and not sooner than 60 days after such
8forest preserve district has been organized as provided herein.
9Each member of such board so appointed shall be a legal voter
10in such district. The first commissioners shall be appointed to
11hold office for terms of one, 2, 3, 4, and 5 years, and until
12June 30 thereafter, respectively, as determined and fixed by
13lot. Thereafter, successor commissioners shall be appointed in
14the same manner no later than the first day of the month in
15which the term of a commissioner expires. Except as provided in
16Section 3c, and 3d, and 3e, a vacancy occurring otherwise than
17by expiration of term shall be filled for the unexpired term by
18appointment of a commissioner by the county board chairman with
19the advice and consent of the members of the county board. In
20the one district in existence on July 1, 1977, that is managed
21by an appointed board of commissioners, the incumbent 5
22commissioners shall complete their respective terms as
23originally prescribed in this Act. However, upon the expiration
24of the terms of 2 of the incumbent commissioners on January 1,
251978, they or their successors shall be appointed to hold
26office for terms of 3 and 5 years, and until June 30



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1thereafter, respectively, as determined and fixed by lot.
2Furthermore, upon the expiration of the terms of the remaining
3incumbent commissioners on January 1, 1980, they or their
4successors shall be appointed to hold office for terms of 2, 4,
5and 5 years, and until June 30 thereafter, respectively, as
6determined and fixed by lot. Thereafter, each successor
7commissioner shall be appointed for a term of 5 years. Each
8member of the board before entering upon the duties of his
9office shall take the oath prescribed by the constitution. From
10the time of the appointment of the first board of
11commissioners, such forest preserve district shall be
12construed in all courts to be a body corporate and politic by
13the name and style determined as aforesaid and by such name may
14sue and be sued, contract and be contracted with, acquire and
15hold real and personal estate necessary for its corporate
16purposes and adopt a seal and alter the same at its pleasure.
17    In case the boundaries of a district are co-extensive with
18the boundaries of any county, city, village, incorporated town
19or sanitary district, the corporate authorities of such county
20(until the commissioners elected under Section 3c, and 3d, and
213e take office), city, village, incorporated town or sanitary
22district shall have and exercise the powers and privileges and
23perform the duties and functions of the commissioners provided
24for in this Act and in that case no commissioner shall be
25appointed for that district. The corporate authorities, other
26than members of a county board in counties under township



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1organization having a population of less than 3,000,000 and
2members of a county board in a county not under township
3organization who were elected prior to July 1, 1965, shall act
4without any other pay than that already provided by law. The
5members of a county board of a county under township
6organization and members of a county board of a county not
7under township organization who were elected prior to July 1,
81965, who also act as commissioners of a forest preserve
9district in counties having a population of less than 3,000,000
10may receive for their services as commissioners of a forest
11preserve district a per diem fee to be fixed by such board, but
12not to exceed $36 per day, which shall be in full for all
13services rendered on such day, or an annual salary to be fixed
14by such board, but not to exceed $3,000, plus mileage expenses
15at a rate not more than the amount allowed for members of the
16county board of such county, as fixed by the board, for each
17mile necessarily traveled in attending meetings of the board of
18such district, plus any expense incurred while, or in
19connection with, carrying out the business of such district
20outside the boundaries of such district, payable from the
21forest preserve district treasury. The president of the Board
22of Commissioners of the Forest Preserve District in counties of
23less than 3 million may receive in lieu of a per diem fee an
24annual salary to be fixed by such board. No Forest Preserve
25Commissioner shall file for a per diem payment for services
26rendered on the same day for which he filed for a per diem



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1payment as a county supervisor. When the county board also acts
2as such commissioners, a member of the county board of a county
3under township organization and a member of the county board of
4a county not under township organization, who is elected prior
5to July 1, 1965 may, with the permission of the county board,
6work alone as such a commissioner and be paid in the usual
8    Unless otherwise qualified, the term "board", when used in
9this Act, means the board of commissioners of any forest
10preserve district, or the corporate authorities of any county,
11city, village, incorporated town, or sanitary district, when
12acting as the governing body of a forest preserve district.
13(Source: P.A. 96-239, eff. 8-11-09.)
14    (70 ILCS 805/3e new)
15    Sec. 3e. Elected board of commissioners in certain other
16counties. If the boundaries of a district are coextensive with
17the boundaries of a county having a population in excess of
18140,000 but less than 200,000 and contiguous to the Mississippi
19River, all commissioners of the forest preserve district shall
20be elected at the general election in 2018, 7 commissioners
21shall be elected from 7 apportioned districts and the terms
22shall be determined by lot by the board of commissioners.
23Beginning with the general election in 2018, the board of
24commissioners shall assign 4 districts to a 4 year term and 3
25districts to a 2 year term followed by a subsequent 2 year term



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1under this amendatory Act of the 99th General Assembly.
2    In the year following the next decennial census and each
3decennial census thereafter beginning with the 2022 general
4election, the board of commissioners shall reapportion the
5districts to reflect the results of the census and determine by
6lot staggered terms of commissioners as follows: 4 districts
7from which each commissioner shall have a 4-year/4-year/2-year
8term cycle and 3 districts from which each commissioner shall
9have a 2-year/4-year/4-year term cycle.
10    The terms of all commissioners and officers in Section 3a
11serving on the effective date of this amendatory Act of the
1299th General Assembly shall end when their successors have been
13elected and qualified.
14    Nomination of candidates for the office of commissioner at
15the initial and each succeeding election shall be made by
16petition signed in the aggregate for each candidate by not less
17than 100 qualified voters of the forest preserve district.
18    After each general election, the forest preserve district
19commissioners shall elect a president from among their members
20for a 2 year term.
21    Each commissioner shall be a resident of the county from
22which he or she was elected no later than the date of the
23commencement of the term of office. The term of office for the
24president and commissioners elected under this Section shall
25commence on the first Monday of the month following the month
26of election.



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1    Neither a commissioner nor the president of the board of
2commissioners shall serve simultaneously in any other elective
3or appointive office in the county. The president, with the
4advice and consent of the board of commissioners, shall appoint
5a secretary, treasurer, and any other officer deemed necessary
6by the board of commissioners. The officers need not be members
7of the board of commissioners. The president shall have the
8powers and duties as set forth in Section 12 of this Act.
9    Candidates for commissioner shall be non-partisan.
10    If a vacancy in the office of president or commissioner
11occurs, other than by expiration of the president's or a
12commissioner's term, the forest preserve district board of
13commissioners shall declare that a vacancy exists, and the
14board of commissioners shall, within 60 days after the date of
15the vacancy, upon the majority vote of the commissioners then
16serving, elect a person to serve for the remainder of the
17unexpired term. If, however, more than 28 months remain in the
18unexpired term of a commissioner, at the time of appointment,
19the appointment shall be until the next general election, at
20which time the vacated office of commissioner shall be filled
21by election for the remainder of the term. All other vacancies
22in nomination shall be filled in accordance with the provisions
23of the Election Code.
24    The president and commissioners elected under this Section
25shall serve without compensation. The president and
26commissioners may be reimbursed for their reasonable expenses



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1actually incurred in performing their official duties under
2this Act in accordance with the provisions of Section 3a. The
3cost of reimbursement under this Section shall be paid by funds
4from the forest preserve district treasury.
5    This Section does not apply to a forest preserve district
6created under Section 18.5 of the Conservation District Act.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.