Full Text of SB2589 95th General Assembly
SB2589 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2589
Introduced 2/15/2008, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code concerning the board of review in Cook County. Increases the number of commissioners from 3 to 5. Provides that from 2010 to 2012, the 2 additional commissioners are elected at-large from the portion of the county outside of the City of Chicago, and beginning in 2012, each commissioner is elected from one of 5 election districts in the county. Requires the State Board of Elections to reapportion the 5 election districts on a decennial basis by the use of a computer program. Sets forth the requirements of the computer program. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB2589 |
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LRB095 19010 BDD 45183 b |
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| AN ACT concerning revenue.
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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 Property Tax Code is amended by changing | 5 |
| Section 5-5 as follows:
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| (35 ILCS 200/5-5)
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| Sec. 5-5. Election of commissioners of board of review; | 8 |
| counties of
3,000,000 or more. (a) In counties with | 9 |
| 3,000,000 or more inhabitants,
on the first Tuesday after the | 10 |
| first Monday in November 1994, 2
commissioners of the board of | 11 |
| appeals shall be elected to hold office from the
first Monday | 12 |
| in December following their election
and until the first Monday | 13 |
| in December 1998. In case of any
vacancy, the chief judge of | 14 |
| the circuit court or any judge of that circuit
designated by | 15 |
| the chief judge shall fill the vacancy by appointment. The
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| commissioners shall be electors in
the particular county at the | 17 |
| time of their election or appointment and shall
hold no other | 18 |
| lucrative public office or public employment. Each | 19 |
| commissioner
shall receive compensation fixed by the county | 20 |
| board, which shall be paid out
of the county treasury and which | 21 |
| shall not be changed during the term for which
any commissioner | 22 |
| is elected or appointed.
Effective the first Monday in December | 23 |
| 1998, the board
of appeals is abolished.
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| The board of appeals shall maintain sufficient evidentiary | 2 |
| records to
support all decisions made by the board of appeals. | 3 |
| All records, data,
sales/ratio studies, and other information | 4 |
| necessary for the board
of review elected under subsection (c) | 5 |
| to perform
its functions and
duties shall
be transferred by the | 6 |
| board of appeals to the board of review on
the first Monday in | 7 |
| December 1998.
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| (b) (Blank).
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| (c) In each county
with 3,000,000 or more inhabitants, | 10 |
| there is created a board of
review. Beginning with the general | 11 |
| election in 2010 and until the term beginning after the general | 12 |
| election in 2012, the The board of review shall consist of 5 3 | 13 |
| commissioners as follows: ,
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| (1) one elected from each election district in the | 15 |
| county
at the general election in 1998
to hold office for a | 16 |
| term beginning
on the first Monday in December following | 17 |
| their
election and until their
respective successors are | 18 |
| elected and qualified ; and | 19 |
| (2) 2 elected at-large from the portion of the county | 20 |
| outside of the City of Chicago to hold office for a term | 21 |
| beginning
on the first Monday in December of 2010 .
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| No later than June 1, 1996, the General Assembly shall | 23 |
| establish the
boundaries for the 3 election districts in each | 24 |
| county with 3,000,000 or more
inhabitants. The election | 25 |
| districts shall be compact, contiguous, and have
substantially
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| the same population based on the 1990 federal decennial census. |
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| One district
shall be designated as the first election | 2 |
| district, one as the second
election district, and one as the | 3 |
| third election district. The commissioner
from each district | 4 |
| shall be elected to a term of 4 years.
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| In the year following each federal decennial census, the | 6 |
| General Assembly
shall reapportion the election districts to | 7 |
| reflect the results of the
census. The reapportioned districts | 8 |
| shall be compact, contiguous, and contain
substantially the | 9 |
| same population. The commissioner from the
first district shall | 10 |
| be
elected to terms of 4 years, 4 years, and 2 years. The | 11 |
| commissioner from the
second district shall be elected to terms | 12 |
| of 4 years, 2 years, and 4 years. The
commissioner from the | 13 |
| third
district shall be elected to terms of 2 years, 4 years, | 14 |
| and 4 years. The 2 commissioners elected at-large from the | 15 |
| portion of the county outside of the City of Chicago are | 16 |
| elected for one term of 2 years.
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| (d) For terms beginning after the general election in 2012, | 18 |
| the board of review consists of 5 commissioners, each elected | 19 |
| from one of 5 election districts in the county. | 20 |
| No later than April 15 of 2011 and of each year following a | 21 |
| federal decennial census, the State Board of Elections, by a | 22 |
| record vote of all members, shall designate a computer program | 23 |
| to reapportion the 5 election districts in the county to | 24 |
| reflect the results of the
census. The computer program must | 25 |
| comply with the following standards and criteria in the order | 26 |
| of priority in which they are listed: |
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| (1) contiguity; | 2 |
| (2) substantial equality of population; | 3 |
| (3) compactness; | 4 |
| (4) the minimization of districts that cross municipal | 5 |
| boundaries; and | 6 |
| (5) a fair reflection of minority voting strength. | 7 |
| Except as otherwise provided in this subsection (d), the | 8 |
| computer program must reapportion the districts in a random | 9 |
| manner. In reapportioning the districts, the computer program | 10 |
| may not consider: (i) the residency of incumbent commissioners; | 11 |
| (ii) the political affiliations of registered voters; (iii) | 12 |
| previous election results; or (iv) any demographic information | 13 |
| that is not required to be considered under this Section, under | 14 |
| the State or federal constitution, or under federal law. | 15 |
| No later than June 1 of 2011 and of each year following a | 16 |
| federal decennial census, the State Board of Elections
shall | 17 |
| certify the reapportionment of the election districts obtained | 18 |
| by using the designated computer program. The State Board of | 19 |
| Elections shall file the reapportionment with the Secretary of | 20 |
| State. Both the designation of the computer program and the | 21 |
| certification of the reapportionment by the State Board of | 22 |
| Elections shall be performed at an open meeting. The State | 23 |
| Board of Elections must give reasonable and adequate notice of | 24 |
| those meetings. | 25 |
| Beginning in 2012, the terms of the commissioners are as | 26 |
| follows: |
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| (1) the commissioner from the first district and the | 2 |
| commissioner from the fourth district are elected to terms | 3 |
| of 4 years, 4 years, and 2 years; | 4 |
| (2) the commissioner from the second district and the | 5 |
| commissioner from the fifth district are elected to terms | 6 |
| of 4 years, 2 years, and 4 years; and | 7 |
| (3) the commissioner from the third district is elected | 8 |
| to terms of 2 years, 4 years, and 4 years. | 9 |
| The commissioners shall hold office for a term beginning
on the | 10 |
| first Monday in December following their
election and until | 11 |
| their
respective successors are elected and qualified. | 12 |
| (e) In case of vacancy, the chief
judge of the circuit | 13 |
| court or any judge of the circuit court designated by the
chief | 14 |
| judge shall fill the vacancy by appointment
of a person from | 15 |
| the same political party.
If the vacancy is filled with more | 16 |
| than 28 months remaining in the term, the
appointed | 17 |
| commissioner shall serve until the next general
election, at | 18 |
| which time a
commissioner shall be elected to serve for the | 19 |
| remainder of the
term. If a vacancy is filled with 28 months or | 20 |
| less remaining in the term, the
appointment shall be for the | 21 |
| remainder of the term.
No commissioner may be elected or | 22 |
| appointed to the board of review unless he
or she has resided | 23 |
| in the election district he or she seeks to represent for at
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| least 2 years before the date of the election or appointment. | 25 |
| In the
election following each federal decennial census and | 26 |
| board of review
redistricting, a candidate for commissioner may |
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| be elected from any election
district that contains a part of | 2 |
| the election district in which he or she
resided at the time of | 3 |
| the redistricting and re-elected if a resident of the
new | 4 |
| district he or she represents for 18 months prior to | 5 |
| re-election. The
commissioners shall hold no other lucrative | 6 |
| public office or public
employment.
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| (f) Each commissioner shall receive compensation fixed by | 8 |
| the
county board,
which shall be paid from the county treasury. | 9 |
| Compensation for each
commissioner
shall be equitable and shall | 10 |
| not be changed during the term
for which that commissioner is | 11 |
| elected or appointed.
The county shall provide suitable office | 12 |
| space for the board of review.
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| (g) For the year beginning on the
first Monday in December | 14 |
| 1998 and ending the first Monday in December 1999, and
every | 15 |
| fourth year thereafter, the chair of the board shall be the
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| commissioner elected
from the first district. For the year | 17 |
| beginning the first Monday in December
1999 and ending the | 18 |
| first Monday in December 2000, and every fourth year
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| thereafter, the chair of the board shall be the commissioner
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| elected from the second
district. For the year beginning the | 21 |
| first Monday in December 2000 and ending
the first Monday in | 22 |
| December 2001, and every fourth year thereafter, the chair
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| shall be the commissioner elected from the third district. For
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| the year beginning
the first Monday in December 2001 and ending | 25 |
| the first Monday in December 2002,
and every fourth year | 26 |
| thereafter, the chair of the board shall be determined by
lot.
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| (h) On and after the
first Monday in December, 1998, any | 2 |
| reference in this Code to a board of
appeals shall mean the | 3 |
| board of review created under this subsection, and any
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| reference to a member of a board of review shall mean a
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| commissioner of a board of review. Whenever it may be necessary | 6 |
| for
purposes of determining its jurisdiction, the board of | 7 |
| review shall be deemed
to succeed to the powers and duties of | 8 |
| the former board of appeals; provided
that the board of review | 9 |
| shall also have all of the powers and duties granted
to it | 10 |
| under this Code. All action
of the board of review shall be by | 11 |
| a majority vote of its commissioners.
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| (Source: P.A. 93-574, eff. 8-21-03.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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