Bill Amendment: IL HB0746 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LOCAL GOVERNMENT-TECH

Status: 2016-05-31 - Referred to Assignments [HB0746 Detail]

Download: Illinois-2015-HB0746-House_Amendment_001.html

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Rep. Patrick J. Verschoore

Filed: 4/15/2016

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AMENDMENT TO HOUSE BILL 746
AMENDMENT NO. ______. Amend House Bill 746 by replacing
everything after the enacting clause with the following:
"Section 5. The Election Code is amended by changing
Section 2A-1.2 as follows:
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
Designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States;
(2) United States Senator and United States
Representative;
(3) State Executive Branch elected officers;

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(4) State Senator and State Representative;
(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive;
(6) Circuit Court Clerk;
(7) Regional Superintendent of Schools, except in
counties or educational service regions in which that
office has been abolished;
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies and
newly created judicial offices;
(9) (Blank);
(10) Trustee of the Metropolitan Sanitary District of
Chicago, and elected Trustee of other Sanitary Districts;
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an annual
election and permits or requires election of candidates of
political parties; .
(12) Forest preserve district commissioners elected
under Section 3e of the Downstate Forest Preserve District
Act.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled

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at the general election in that year, except where pursuant
to law nomination of candidates of political parties is
made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeman,
township committeeman, ward committeeman, and precinct
committeeman shall be filled and delegates and alternate
delegates to the National nominating conventions shall be
elected as may be required pursuant to this Code. In the
even-numbered years in which a Presidential election is to
be held, candidates in the Presidential preference primary
shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois Municipal
Code or pursuant to the municipal charter, the offices of
such municipal officers shall be filled at an election held
on the date of the general primary election, provided that
the municipal election shall be a nonpartisan election
where required by the Illinois Municipal Code. For partisan
municipal elections in even-numbered years, a primary to
nominate candidates for municipal office to be elected at
the general primary election shall be held on the Tuesday 6
weeks preceding that election.
(4) in each school district which has adopted the

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provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire in
the year in which the general primary is held shall be
elected.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderman or other
municipal office are not permitted by law to be candidates
of political parties, the runoff election where required by
law, or the nonpartisan election where required by law,
shall be held on the date of the consolidated election; and
provided further, in the case of municipal officers
provided for by an ordinance providing the form of
government of the municipality pursuant to Section 7 of
Article VII of the Constitution, such offices shall be
filled by election or by runoff election as may be provided
by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;

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(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chairman of the Chain O Lakes -
Fox River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve District
Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members of
boards of school inspectors, except school boards in school
districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium
Districts;
(17) Elected Officers of special districts not

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otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of
subsection (c).
At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and aldermen
shall be elected in municipalities in which candidates for
mayor, clerk, treasurer, or alderman are not permitted by law
to be candidates of political parties, subject to runoff
elections to be held at the consolidated election as may be
required by law, and municipal officers shall be nominated in a
nonpartisan election in municipalities in which pursuant to law
candidates for such office are not permitted to be candidates
of political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the municipality
pursuant to Section 7 of Article VII of the Constitution.
(e) (Blank).

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(f) At any election established in Section 2A-1.1, public
questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law or
by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers are
to be elected, the initial officers shall be elected at the
election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial
officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.
(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
eff. 8-9-96; 90-358, eff. 1-1-98.)

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

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the one district in existence on July 1, 1977, that is managed
by an appointed board of commissioners, the incumbent 5
commissioners shall complete their respective terms as
originally prescribed in this Act. However, upon the expiration
of the terms of 2 of the incumbent commissioners on January 1,
1978, they or their successors shall be appointed to hold
office for terms of 3 and 5 years, and until June 30
thereafter, respectively, as determined and fixed by lot.
Furthermore, upon the expiration of the terms of the remaining
incumbent commissioners on January 1, 1980, they or their
successors shall be appointed to hold office for terms of 2, 4,
and 5 years, and until June 30 thereafter, respectively, as
determined and fixed by lot. Thereafter, each successor
commissioner shall be appointed for a term of 5 years. Each
member of the board before entering upon the duties of his
office shall take the oath prescribed by the constitution. From
the time of the appointment of the first board of
commissioners, such forest preserve district shall be
construed in all courts to be a body corporate and politic by
the name and style determined as aforesaid and by such name may
sue and be sued, contract and be contracted with, acquire and
hold real and personal estate necessary for its corporate
purposes and adopt a seal and alter the same at its pleasure.
In case the boundaries of a district are co-extensive with
the boundaries of any county, city, village, incorporated town
or sanitary district, the corporate authorities of such county

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

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outside the boundaries of such district, payable from the
forest preserve district treasury. The president of the Board
of Commissioners of the Forest Preserve District in counties of
less than 3 million may receive in lieu of a per diem fee an
annual salary to be fixed by such board. No Forest Preserve
Commissioner shall file for a per diem payment for services
rendered on the same day for which he filed for a per diem
payment as a county supervisor. When the county board also acts
as such commissioners, a member of the county board of a county
under township organization and a member of the county board of
a county not under township organization, who is elected prior
to July 1, 1965 may, with the permission of the county board,
work alone as such a commissioner and be paid in the usual
manner.
Unless otherwise qualified, the term "board", when used in
this Act, means the board of commissioners of any forest
preserve district, or the corporate authorities of any county,
city, village, incorporated town, or sanitary district, when
acting as the governing body of a forest preserve district.
(Source: P.A. 96-239, eff. 8-11-09.)
(70 ILCS 805/3e new)
Sec. 3e. Elected board of commissioners in certain other
counties. If the boundaries of a district are co extensive with
the boundaries of a county having a population in excess of
140,000 but less than 200,000 and contiguous to the Mississippi

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

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for a 2 year term.
Each commissioner shall be a resident of the county from
which he or she was elected no later than the date of the
commencement of the term of office. The term of office for the
president and commissioners elected under this Section shall
commence on the first Monday of the month following the month
of election.
Neither a commissioner nor the president of the board of
commissioners shall serve simultaneously in any other elective
or appointive office in the county. The president, with the
advice and consent of the board of commissioners, shall appoint
a secretary, treasurer, and any other officer deemed necessary
by the board of commissioners. The officers need not be members
of the board of commissioners. The president shall have the
powers and duties as set forth in Section 12 of this Act.
Candidates for commissioner shall be non-partisan.
If a vacancy in the office of president or commissioner
occurs, other than by expiration of the president's or a
commissioner's term, the forest preserve district board of
commissioners shall declare that a vacancy exists, and the
board of commissioners shall, within 60 days after the date of
the vacancy, upon the majority vote of the commissioners then
serving, elect a person to serve for the remainder of the
unexpired term. If, however, more than 28 months remain in the
unexpired term of a commissioner, at the time of appointment,
the appointment shall be until the next general election, at

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