Full Text of HB0746 99th General Assembly
HB0746ham001 99TH GENERAL ASSEMBLY | Rep. Patrick J. Verschoore Filed: 4/15/2016
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| 1 | | AMENDMENT TO HOUSE BILL 746
| 2 | | AMENDMENT NO. ______. Amend House Bill 746 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Section 2A-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 | 8 | | Designated.
| 9 | | (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:
| 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;
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| 1 | | (4) State Senator and State Representative;
| 2 | | (5) County elected officers, including State's | 3 | | Attorney, County Board
member, County Commissioners, and | 4 | | elected President of the County Board or
County Chief | 5 | | Executive;
| 6 | | (6) Circuit Court Clerk;
| 7 | | (7) Regional Superintendent of Schools, except in | 8 | | counties or
educational service regions in which that | 9 | | office has been abolished;
| 10 | | (8) Judges of the Supreme, Appellate and Circuit | 11 | | Courts, on the question
of retention, to fill vacancies and | 12 | | newly created judicial offices;
| 13 | | (9) (Blank);
| 14 | | (10) Trustee of the Metropolitan Sanitary District of | 15 | | Chicago, and elected
Trustee of other Sanitary Districts;
| 16 | | (11) Special District elected officers, not otherwise | 17 | | designated in this
Section, where the statute creating or | 18 | | authorizing the creation of
the district requires an annual | 19 | | election and permits or requires election
of candidates of | 20 | | political parties ; .
| 21 | | (12) Forest preserve district commissioners elected | 22 | | under Section 3e of the Downstate Forest Preserve District | 23 | | Act. | 24 | | (b) At the general primary election:
| 25 | | (1) in each even-numbered year candidates of political | 26 | | parties shall be
nominated for those offices to be filled |
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| 1 | | at the general election in that
year, except where pursuant | 2 | | to law nomination of candidates of political
parties is | 3 | | made by caucus.
| 4 | | (2) in the appropriate even-numbered years the | 5 | | political party offices of
State central committeeman, | 6 | | township committeeman, ward committeeman, and
precinct | 7 | | committeeman shall be filled and delegates and alternate | 8 | | delegates
to the National nominating conventions shall be | 9 | | elected as may be required
pursuant to this Code. In the | 10 | | even-numbered years in which a Presidential
election is to | 11 | | be held, candidates in the Presidential preference primary
| 12 | | shall also be on the ballot.
| 13 | | (3) in each even-numbered year, where the municipality | 14 | | has provided for
annual elections to elect municipal | 15 | | officers pursuant to Section 6(f) or
Section 7 of Article | 16 | | VII of the Constitution, pursuant to the Illinois
Municipal | 17 | | Code or pursuant to the municipal charter, the offices of | 18 | | such
municipal officers shall be filled at an election held | 19 | | on the date of the
general primary election, provided that | 20 | | the municipal election shall be a
nonpartisan election | 21 | | where required by the Illinois Municipal Code. For
partisan | 22 | | municipal elections in even-numbered years, a primary to | 23 | | nominate
candidates for municipal office to be elected at | 24 | | the general primary
election shall be held on the Tuesday 6 | 25 | | weeks preceding that election.
| 26 | | (4) in each school district which has adopted the |
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| 1 | | provisions of
Article 33 of the School Code, successors to | 2 | | the members of the board
of education whose terms expire in | 3 | | the year in which the general primary is
held shall be | 4 | | elected.
| 5 | | (c) At the consolidated election in the appropriate | 6 | | odd-numbered years,
the following offices shall be filled:
| 7 | | (1) Municipal officers, provided that in | 8 | | municipalities in which
candidates for alderman or other | 9 | | municipal office are not permitted by law
to be candidates | 10 | | of political parties, the runoff election where required
by | 11 | | law, or the nonpartisan election where required by law, | 12 | | shall be held on
the date of the consolidated election; and | 13 | | provided further, in the case of
municipal officers | 14 | | provided for by an ordinance providing the form of
| 15 | | government of the municipality pursuant to Section 7 of | 16 | | Article VII of the
Constitution, such offices shall be | 17 | | filled by election or by runoff
election as may be provided | 18 | | by such ordinance;
| 19 | | (2) Village and incorporated town library directors;
| 20 | | (3) City boards of stadium commissioners;
| 21 | | (4) Commissioners of park districts;
| 22 | | (5) Trustees of public library districts;
| 23 | | (6) Special District elected officers, not otherwise | 24 | | designated in this
section, where the statute creating or | 25 | | authorizing the creation of the district
permits or | 26 | | requires election of candidates of political parties;
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| 1 | | (7) Township officers, including township park | 2 | | commissioners, township
library directors, and boards of | 3 | | managers of community buildings, and
Multi-Township | 4 | | Assessors;
| 5 | | (8) Highway commissioners and road district clerks;
| 6 | | (9) Members of school boards in school districts which | 7 | | adopt Article 33
of the School Code;
| 8 | | (10) The directors and chairman of the Chain O Lakes - | 9 | | Fox River Waterway
Management Agency;
| 10 | | (11) Forest preserve district commissioners elected | 11 | | under Section 3.5 of
the Downstate Forest Preserve District | 12 | | Act;
| 13 | | (12) Elected members of school boards, school | 14 | | trustees, directors of
boards of school directors, | 15 | | trustees of county boards of school trustees
(except in | 16 | | counties or educational service regions having a | 17 | | population
of 2,000,000 or more inhabitants) and members of | 18 | | boards of school inspectors,
except school boards in school
| 19 | | districts that adopt Article 33 of the School Code;
| 20 | | (13) Members of Community College district boards;
| 21 | | (14) Trustees of Fire Protection Districts;
| 22 | | (15) Commissioners of the Springfield Metropolitan | 23 | | Exposition and
Auditorium
Authority;
| 24 | | (16) Elected Trustees of Tuberculosis Sanitarium | 25 | | Districts;
| 26 | | (17) Elected Officers of special districts not |
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| 1 | | otherwise designated in
this Section for which the law | 2 | | governing those districts does not permit
candidates of | 3 | | political parties.
| 4 | | (d) At the consolidated primary election in each | 5 | | odd-numbered year,
candidates of political parties shall be | 6 | | nominated for those offices to be
filled at the consolidated | 7 | | election in that year, except where pursuant to
law nomination | 8 | | of candidates of political parties is made by caucus, and
| 9 | | except those offices listed in paragraphs (12) through (17) of | 10 | | subsection
(c).
| 11 | | At the consolidated primary election in the appropriate | 12 | | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | 13 | | shall be elected in
municipalities in which
candidates for | 14 | | mayor, clerk, treasurer, or alderman are not permitted by
law | 15 | | to be candidates
of political parties, subject to runoff | 16 | | elections to be held at the
consolidated election as may be | 17 | | required
by law, and municipal officers shall be nominated in a | 18 | | nonpartisan election
in municipalities in which pursuant to law | 19 | | candidates for such office are
not permitted to be candidates | 20 | | of political parties.
| 21 | | At the consolidated primary election in the appropriate | 22 | | odd-numbered years,
municipal officers shall be nominated or | 23 | | elected, or elected subject to
a runoff, as may be provided by | 24 | | an ordinance providing a form of government
of the municipality | 25 | | pursuant to Section 7 of Article VII of the Constitution.
| 26 | | (e) (Blank).
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| 1 | | (f) At any election established in Section 2A-1.1, public | 2 | | questions may
be submitted to voters pursuant to this Code and | 3 | | any special election
otherwise required or authorized by law or | 4 | | by court order may be conducted
pursuant to this Code.
| 5 | | Notwithstanding the regular dates for election of officers | 6 | | established
in this Article, whenever a referendum is held for | 7 | | the establishment of
a political subdivision whose officers are | 8 | | to be elected, the initial officers
shall be elected at the | 9 | | election at which such referendum is held if otherwise
so | 10 | | provided by law. In such cases, the election of the initial | 11 | | officers
shall be subject to the referendum.
| 12 | | Notwithstanding the regular dates for election of | 13 | | officials established
in this Article, any community college | 14 | | district which becomes effective by
operation of law pursuant | 15 | | to Section 6-6.1 of the Public Community College
Act, as now or | 16 | | hereafter amended, shall elect the initial district board
| 17 | | members at the next regularly scheduled election following the | 18 | | effective
date of the new district.
| 19 | | (g) At any election established in Section 2A-1.1, if in | 20 | | any precinct
there are no offices or public questions required | 21 | | to be on the ballot under
this Code then no election shall be | 22 | | held in the precinct on that date.
| 23 | | (h) There may be conducted a
referendum in accordance with | 24 | | the provisions of Division 6-4 of the
Counties Code.
| 25 | | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | 26 | | eff. 8-9-96; 90-358, eff. 1-1-98.)
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| 1 | | Section 10. The Downstate Forest Preserve District Act is | 2 | | amended by changing Section 3a and by adding Section 3e as | 3 | | follows:
| 4 | | (70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305)
| 5 | | Sec. 3a.
Except as otherwise provided in this
Section, and | 6 | | except as provided in Section
3c, 3d, 3e, and 3.5, the affairs | 7 | | of the district shall be managed by a
board of commissioners
| 8 | | consisting of 5 commissioners, who shall be appointed by the | 9 | | presiding
officer of the county board of the county in which | 10 | | such forest preserve
district is situated, with the advice and | 11 | | consent of such county board.
The first appointment shall be | 12 | | made within 90 days and not sooner than
60 days after such | 13 | | forest preserve district has been organized as
provided herein. | 14 | | Each member of such board so appointed shall be a
legal voter | 15 | | in such district. The first commissioners shall be appointed
to | 16 | | hold office for terms of one, 2, 3, 4, and 5 years, and until | 17 | | June 30
thereafter, respectively, as determined and fixed by | 18 | | lot. Thereafter,
successor commissioners shall be appointed in | 19 | | the same manner no later than
the first day of the month in | 20 | | which the term of a commissioner expires.
Except as provided in | 21 | | Section 3c , and 3d, and 3e, a
vacancy occurring otherwise than | 22 | | by expiration of term shall be
filled for the unexpired term by | 23 | | appointment of a commissioner by the county
board chairman with | 24 | | the advice and consent of the members of the county
board. In |
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| 1 | | the one district in existence on July 1, 1977, that is managed
| 2 | | by an appointed board of commissioners, the incumbent 5 | 3 | | commissioners shall
complete their respective terms as | 4 | | originally prescribed in this Act. However,
upon the expiration | 5 | | of the terms of 2 of the incumbent commissioners on
January 1, | 6 | | 1978, they or their successors shall be appointed to hold | 7 | | office
for terms of 3 and 5 years, and until June 30 | 8 | | thereafter, respectively,
as determined and fixed by lot. | 9 | | Furthermore, upon the expiration of the
terms of the remaining | 10 | | incumbent commissioners on January 1, 1980, they or
their | 11 | | successors shall be appointed to hold office for terms of 2, 4, | 12 | | and 5
years, and until June 30 thereafter, respectively,
as | 13 | | determined and fixed by lot. Thereafter, each successor | 14 | | commissioner
shall be appointed for a term of 5 years. Each | 15 | | member of
the board before entering upon the duties of his | 16 | | office shall take the
oath prescribed by the constitution. From | 17 | | the time of the appointment
of the first board of | 18 | | commissioners, such forest preserve district shall
be | 19 | | construed in all courts to be a body corporate and politic by | 20 | | the name
and style determined as aforesaid and by such name may | 21 | | sue and be sued,
contract and be contracted with, acquire and | 22 | | hold real and personal
estate necessary for its corporate | 23 | | purposes and adopt a seal and alter
the same at its pleasure.
| 24 | | In case the boundaries of a district are co-extensive with
| 25 | | the
boundaries of any county, city, village, incorporated town | 26 | | or sanitary
district, the corporate authorities of such county |
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| 1 | | (until the commissioners
elected under Section 3c , and 3d , and | 2 | | 3e take office), city, village,
incorporated town or sanitary | 3 | | district shall have and exercise the
powers and privileges and | 4 | | perform the duties and functions of the
commissioners provided | 5 | | for in this Act and in that
case no commissioner shall
be | 6 | | appointed for that district. The corporate
authorities, other | 7 | | than
members of a county board in counties under township | 8 | | organization having
a population of less than 3,000,000 and | 9 | | members of a county board in a
county not under township | 10 | | organization who were elected prior to July 1,
1965, shall act | 11 | | without any other pay than that already provided by law.
The | 12 | | members of a county board of a county under township | 13 | | organization
and members of a county board of a county not | 14 | | under township
organization who were elected prior to July 1, | 15 | | 1965, who also act as
commissioners of a forest preserve | 16 | | district in counties having a
population of less than 3,000,000 | 17 | | may receive for their services as
commissioners of a forest | 18 | | preserve district a per diem fee to be fixed
by such board, but | 19 | | not to exceed $36 per day, which shall be in full for
all | 20 | | services rendered on such day, or an annual salary to be fixed | 21 | | by such
board, but not to exceed $3,000, plus mileage expenses | 22 | | at a rate not more
than the amount allowed for members of the | 23 | | county board of such county, as
fixed by the board, for each | 24 | | mile necessarily traveled in attending
meetings of the board of | 25 | | such district, plus any expense incurred while,
or in | 26 | | connection with, carrying out the business of such district
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| 1 | | outside the boundaries of such district, payable from the | 2 | | forest
preserve district treasury. The president of the Board | 3 | | of Commissioners
of the Forest Preserve District in counties of | 4 | | less than 3 million may receive
in lieu of a per diem fee an | 5 | | annual salary to be fixed by such board.
No Forest Preserve | 6 | | Commissioner shall file for a per diem payment for services
| 7 | | rendered on the same day for which he filed for a per diem | 8 | | payment as a county
supervisor. When the county board also acts | 9 | | as such commissioners, a member of
the county board of a county | 10 | | under township organization and a member of the
county board of | 11 | | a county not under township organization, who is elected prior
| 12 | | to July 1, 1965 may, with the permission of the county board, | 13 | | work alone as
such a commissioner and be paid in the usual | 14 | | manner.
| 15 | | Unless otherwise qualified, the term "board", when used in | 16 | | this Act,
means the board of commissioners of any forest | 17 | | preserve district, or the
corporate authorities of any county, | 18 | | city, village, incorporated town,
or sanitary district, when | 19 | | acting as the governing body of a forest
preserve district.
| 20 | | (Source: P.A. 96-239, eff. 8-11-09.)
| 21 | | (70 ILCS 805/3e new) | 22 | | Sec. 3e. Elected board of commissioners in certain other | 23 | | counties. If the boundaries of a district are co extensive with | 24 | | the boundaries of a county having a population in excess of | 25 | | 140,000 but less than 200,000 and contiguous to the Mississippi |
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| 1 | | River, all commissioners of the forest preserve district shall | 2 | | be elected at the general election in 2018, 7 commissioners | 3 | | shall be elected from 7 apportioned districts and the terms | 4 | | shall be determined by lot by the board of commissioners. | 5 | | Beginning with the general election in 2018, the board of | 6 | | commissioners shall assign 4 districts to a 4 year term and 3 | 7 | | districts to a 2 year term followed by a subsequent 2 year term | 8 | | under this amendatory Act of the 99th General Assembly. | 9 | | In the year following the next decennial census and each | 10 | | decennial census thereafter beginning with the 2022 general | 11 | | election, the board of commissioners shall reapportion the | 12 | | districts to reflect the results of the census and determine by | 13 | | lot staggered terms of commissioners as follows: 4 districts | 14 | | from which each commissioner shall have a 4-year/4-year/2-year | 15 | | term cycle and 3 districts from which each commissioner shall | 16 | | have a 2-year/4-year/4-year term cycle. | 17 | | The terms of all commissioners and officers in Section 3a | 18 | | serving on the effective date of this amendatory Act of the | 19 | | 99th General Assembly shall end when their successors have been | 20 | | elected and qualified. | 21 | | Nomination of candidates for the office of commissioner at | 22 | | the initial and each succeeding election shall be made by | 23 | | petition signed in the aggregate for each candidate by not less | 24 | | than 100 qualified voters of the forest preserve district. | 25 | | After each general election, the forest preserve district | 26 | | commissioners shall elect a president from among their members |
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| 1 | | for a 2 year term. | 2 | | Each commissioner shall be a resident of the county from | 3 | | which he or she was elected no later than the date of the | 4 | | commencement of the term of office. The term of office for the | 5 | | president and commissioners elected under this Section shall | 6 | | commence on the first Monday of the month following the month | 7 | | of election. | 8 | | Neither a commissioner nor the president of the board of | 9 | | commissioners shall serve simultaneously in any other elective | 10 | | or appointive office in the county. The president, with the | 11 | | advice and consent of the board of commissioners, shall appoint | 12 | | a secretary, treasurer, and any other officer deemed necessary | 13 | | by the board of commissioners. The officers need not be members | 14 | | of the board of commissioners. The president shall have the | 15 | | powers and duties as set forth in Section 12 of this Act. | 16 | | Candidates for commissioner shall be non-partisan. | 17 | | If a vacancy in the office of president or commissioner | 18 | | occurs, other than by expiration of the president's or a | 19 | | commissioner's term, the forest preserve district board of | 20 | | commissioners shall declare that a vacancy exists, and the | 21 | | board of commissioners shall, within 60 days after the date of | 22 | | the vacancy, upon the majority vote of the commissioners then | 23 | | serving, elect a person to serve for the remainder of the | 24 | | unexpired term. If, however, more than 28 months remain in the | 25 | | unexpired term of a commissioner, at the time of appointment, | 26 | | the appointment shall be until the next general election, at |
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| 1 | | which time the vacated office of commissioner shall be filled | 2 | | by election for the remainder of the term. All other vacancies | 3 | | in nomination shall be filled in accordance with the provisions | 4 | | of the Election Code. | 5 | | The president and commissioners elected under this Section | 6 | | shall serve without compensation. The president and | 7 | | commissioners may be reimbursed for their reasonable expenses | 8 | | actually incurred in performing their official duties under | 9 | | this Act in accordance with the provisions of Section 3a. The | 10 | | cost of reimbursement under this Section shall be paid by funds | 11 | | from the forest preserve district treasury. | 12 | | This Section does not apply to a forest preserve district | 13 | | created under Section 18.5 of the Conservation District Act.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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