Illinois General Assembly - Full Text of HB0746
Illinois General Assembly

Previous General Assemblies

Full Text of HB0746  99th General Assembly


Rep. Patrick J. Verschoore

Filed: 4/15/2016





09900HB0746ham001LRB099 04562 AWJ 46991 a


2    AMENDMENT NO. ______. Amend House Bill 746 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Election Code is amended by changing
5Section 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
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;



09900HB0746ham001- 2 -LRB099 04562 AWJ 46991 a

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



09900HB0746ham001- 3 -LRB099 04562 AWJ 46991 a

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



09900HB0746ham001- 4 -LRB099 04562 AWJ 46991 a

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
6odd-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;



09900HB0746ham001- 5 -LRB099 04562 AWJ 46991 a

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



09900HB0746ham001- 6 -LRB099 04562 AWJ 46991 a

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
5odd-numbered year, candidates of political parties shall be
6nominated for those offices to be filled at the consolidated
7election in that year, except where pursuant to law nomination
8of candidates of political parties is made by caucus, and
9except those offices listed in paragraphs (12) through (17) of
10subsection (c).
11    At the consolidated primary election in the appropriate
12odd-numbered years, the mayor, clerk, treasurer, and aldermen
13shall be elected in municipalities in which candidates for
14mayor, clerk, treasurer, or alderman are not permitted by law
15to be candidates of political parties, subject to runoff
16elections to be held at the consolidated election as may be
17required by law, and municipal officers shall be nominated in a
18nonpartisan election in municipalities in which pursuant to law
19candidates for such office are not permitted to be candidates
20of political parties.
21    At the consolidated primary election in the appropriate
22odd-numbered years, municipal officers shall be nominated or
23elected, or elected subject to a runoff, as may be provided by
24an ordinance providing a form of government of the municipality
25pursuant to Section 7 of Article VII of the Constitution.
26    (e) (Blank).



09900HB0746ham001- 7 -LRB099 04562 AWJ 46991 a

1    (f) At any election established in Section 2A-1.1, public
2questions may be submitted to voters pursuant to this Code and
3any special election otherwise required or authorized by law or
4by court order may be conducted pursuant to this Code.
5    Notwithstanding the regular dates for election of officers
6established in this Article, whenever a referendum is held for
7the establishment of a political subdivision whose officers are
8to be elected, the initial officers shall be elected at the
9election at which such referendum is held if otherwise so
10provided by law. In such cases, the election of the initial
11officers shall be subject to the referendum.
12    Notwithstanding the regular dates for election of
13officials established in this Article, any community college
14district which becomes effective by operation of law pursuant
15to Section 6-6.1 of the Public Community College Act, as now or
16hereafter amended, shall elect the initial district board
17members at the next regularly scheduled election following the
18effective date of the new district.
19    (g) At any election established in Section 2A-1.1, if in
20any precinct there are no offices or public questions required
21to be on the ballot under this Code then no election shall be
22held in the precinct on that date.
23    (h) There may be conducted a referendum in accordance with
24the 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,
26eff. 8-9-96; 90-358, eff. 1-1-98.)



09900HB0746ham001- 8 -LRB099 04562 AWJ 46991 a

1    Section 10. The Downstate Forest Preserve District Act is
2amended by changing Section 3a and by adding Section 3e as
4    (70 ILCS 805/3a)  (from Ch. 96 1/2, par. 6305)
5    Sec. 3a. Except as otherwise provided in this Section, and
6except as provided in Section 3c, 3d, 3e, and 3.5, the affairs
7of the district shall be managed by a board of commissioners
8consisting of 5 commissioners, who shall be appointed by the
9presiding officer of the county board of the county in which
10such forest preserve district is situated, with the advice and
11consent of such county board. The first appointment shall be
12made within 90 days and not sooner than 60 days after such
13forest preserve district has been organized as provided herein.
14Each member of such board so appointed shall be a legal voter
15in such district. The first commissioners shall be appointed to
16hold office for terms of one, 2, 3, 4, and 5 years, and until
17June 30 thereafter, respectively, as determined and fixed by
18lot. Thereafter, successor commissioners shall be appointed in
19the same manner no later than the first day of the month in
20which the term of a commissioner expires. Except as provided in
21Section 3c, and 3d, and 3e, a vacancy occurring otherwise than
22by expiration of term shall be filled for the unexpired term by
23appointment of a commissioner by the county board chairman with
24the advice and consent of the members of the county board. In



09900HB0746ham001- 9 -LRB099 04562 AWJ 46991 a

1the one district in existence on July 1, 1977, that is managed
2by an appointed board of commissioners, the incumbent 5
3commissioners shall complete their respective terms as
4originally prescribed in this Act. However, upon the expiration
5of the terms of 2 of the incumbent commissioners on January 1,
61978, they or their successors shall be appointed to hold
7office for terms of 3 and 5 years, and until June 30
8thereafter, respectively, as determined and fixed by lot.
9Furthermore, upon the expiration of the terms of the remaining
10incumbent commissioners on January 1, 1980, they or their
11successors shall be appointed to hold office for terms of 2, 4,
12and 5 years, and until June 30 thereafter, respectively, as
13determined and fixed by lot. Thereafter, each successor
14commissioner shall be appointed for a term of 5 years. Each
15member of the board before entering upon the duties of his
16office shall take the oath prescribed by the constitution. From
17the time of the appointment of the first board of
18commissioners, such forest preserve district shall be
19construed in all courts to be a body corporate and politic by
20the name and style determined as aforesaid and by such name may
21sue and be sued, contract and be contracted with, acquire and
22hold real and personal estate necessary for its corporate
23purposes and adopt a seal and alter the same at its pleasure.
24    In case the boundaries of a district are co-extensive with
25the boundaries of any county, city, village, incorporated town
26or sanitary district, the corporate authorities of such county



09900HB0746ham001- 10 -LRB099 04562 AWJ 46991 a

1(until the commissioners elected under Section 3c, and 3d, and
23e take office), city, village, incorporated town or sanitary
3district shall have and exercise the powers and privileges and
4perform the duties and functions of the commissioners provided
5for in this Act and in that case no commissioner shall be
6appointed for that district. The corporate authorities, other
7than members of a county board in counties under township
8organization having a population of less than 3,000,000 and
9members of a county board in a county not under township
10organization who were elected prior to July 1, 1965, shall act
11without any other pay than that already provided by law. The
12members of a county board of a county under township
13organization and members of a county board of a county not
14under township organization who were elected prior to July 1,
151965, who also act as commissioners of a forest preserve
16district in counties having a population of less than 3,000,000
17may receive for their services as commissioners of a forest
18preserve district a per diem fee to be fixed by such board, but
19not to exceed $36 per day, which shall be in full for all
20services rendered on such day, or an annual salary to be fixed
21by such board, but not to exceed $3,000, plus mileage expenses
22at a rate not more than the amount allowed for members of the
23county board of such county, as fixed by the board, for each
24mile necessarily traveled in attending meetings of the board of
25such district, plus any expense incurred while, or in
26connection with, carrying out the business of such district



09900HB0746ham001- 11 -LRB099 04562 AWJ 46991 a

1outside the boundaries of such district, payable from the
2forest preserve district treasury. The president of the Board
3of Commissioners of the Forest Preserve District in counties of
4less than 3 million may receive in lieu of a per diem fee an
5annual salary to be fixed by such board. No Forest Preserve
6Commissioner shall file for a per diem payment for services
7rendered on the same day for which he filed for a per diem
8payment as a county supervisor. When the county board also acts
9as such commissioners, a member of the county board of a county
10under township organization and a member of the county board of
11a county not under township organization, who is elected prior
12to July 1, 1965 may, with the permission of the county board,
13work alone as such a commissioner and be paid in the usual
15    Unless otherwise qualified, the term "board", when used in
16this Act, means the board of commissioners of any forest
17preserve district, or the corporate authorities of any county,
18city, village, incorporated town, or sanitary district, when
19acting 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
23counties. If the boundaries of a district are co extensive with
24the boundaries of a county having a population in excess of
25140,000 but less than 200,000 and contiguous to the Mississippi



09900HB0746ham001- 12 -LRB099 04562 AWJ 46991 a

1River, all commissioners of the forest preserve district shall
2be elected at the general election in 2018, 7 commissioners
3shall be elected from 7 apportioned districts and the terms
4shall be determined by lot by the board of commissioners.
5Beginning with the general election in 2018, the board of
6commissioners shall assign 4 districts to a 4 year term and 3
7districts to a 2 year term followed by a subsequent 2 year term
8under this amendatory Act of the 99th General Assembly.
9    In the year following the next decennial census and each
10decennial census thereafter beginning with the 2022 general
11election, the board of commissioners shall reapportion the
12districts to reflect the results of the census and determine by
13lot staggered terms of commissioners as follows: 4 districts
14from which each commissioner shall have a 4-year/4-year/2-year
15term cycle and 3 districts from which each commissioner shall
16have a 2-year/4-year/4-year term cycle.
17    The terms of all commissioners and officers in Section 3a
18serving on the effective date of this amendatory Act of the
1999th General Assembly shall end when their successors have been
20elected and qualified.
21    Nomination of candidates for the office of commissioner at
22the initial and each succeeding election shall be made by
23petition signed in the aggregate for each candidate by not less
24than 100 qualified voters of the forest preserve district.
25    After each general election, the forest preserve district
26commissioners shall elect a president from among their members



09900HB0746ham001- 13 -LRB099 04562 AWJ 46991 a

1for a 2 year term.
2    Each commissioner shall be a resident of the county from
3which he or she was elected no later than the date of the
4commencement of the term of office. The term of office for the
5president and commissioners elected under this Section shall
6commence on the first Monday of the month following the month
7of election.
8    Neither a commissioner nor the president of the board of
9commissioners shall serve simultaneously in any other elective
10or appointive office in the county. The president, with the
11advice and consent of the board of commissioners, shall appoint
12a secretary, treasurer, and any other officer deemed necessary
13by the board of commissioners. The officers need not be members
14of the board of commissioners. The president shall have the
15powers 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
18occurs, other than by expiration of the president's or a
19commissioner's term, the forest preserve district board of
20commissioners shall declare that a vacancy exists, and the
21board of commissioners shall, within 60 days after the date of
22the vacancy, upon the majority vote of the commissioners then
23serving, elect a person to serve for the remainder of the
24unexpired term. If, however, more than 28 months remain in the
25unexpired term of a commissioner, at the time of appointment,
26the appointment shall be until the next general election, at



09900HB0746ham001- 14 -LRB099 04562 AWJ 46991 a

1which time the vacated office of commissioner shall be filled
2by election for the remainder of the term. All other vacancies
3in nomination shall be filled in accordance with the provisions
4of the Election Code.
5    The president and commissioners elected under this Section
6shall serve without compensation. The president and
7commissioners may be reimbursed for their reasonable expenses
8actually incurred in performing their official duties under
9this Act in accordance with the provisions of Section 3a. The
10cost of reimbursement under this Section shall be paid by funds
11from the forest preserve district treasury.
12    This Section does not apply to a forest preserve district
13created under Section 18.5 of the Conservation District Act.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".