Bill Text: IL HB4559 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Cook County Forest Preserve District Act. Provides that the commissioners of the Forest Preserve District of Cook County shall be elected from 3 specified election districts. Provides the election procedures and terms of office for the 9 commissioners. Provides that the president, with the advice and consent of the board of commissioners, must appoint a general superintendent. Provides that the general superintendent is the chief administrative officer of the district. Amends the Election Code. Provides that, at the general election in the appropriate even-numbered years, the offices of commissioner of the Forest Preserve District of Cook County shall be filled. Contains other provisions. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2010-03-10 - Added Co-Sponsor Rep. Karen May [HB4559 Detail]

Download: Illinois-2009-HB4559-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4559 Introduced 5/14/2009, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED:
10 ILCS 5/2A-1.2 from Ch. 46, par. 2A-1.2
70 ILCS 810/2.1 from Ch. 96 1/2, par. 6403
70 ILCS 810/5 from Ch. 96 1/2, par. 6408
70 ILCS 810/14 from Ch. 96 1/2, par. 6417
70 ILCS 810/20 from Ch. 96 1/2, par. 6423
Amends the Cook County Forest Preserve District Act. Provides that the commissioners of the Forest Preserve District of Cook County shall be elected from 3 specified election districts. Provides the election procedures and terms of office for the 9 commissioners. Provides that the president, with the advice and consent of the board of commissioners, must appoint a general superintendent. Provides that the general superintendent is the chief administrative officer of the district. Amends the Election Code. Provides that, at the general election in the appropriate even-numbered years, the offices of commissioner of the Forest Preserve District of Cook County shall be filled. Contains other provisions. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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;
(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

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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 5 of the Cook County 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
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

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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
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

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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;
(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;

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(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
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

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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).
(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

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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.)
Section 10. The Cook County Forest Preserve District Act is
amended by changing Sections 2.1, 5, 14, and 20 as follows:
(70 ILCS 810/2.1) (from Ch. 96 1/2, par. 6403)
Sec. 2.1. Definition of board. "Board" means the board of
commissioners for the Forest Preserve District of Cook County

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county board of commissioners when acting as the governing body
of a forest preserve district.
(Source: P.A. 80-320.)
(70 ILCS 810/5) (from Ch. 96 1/2, par. 6408)
Sec. 5. Election of commissioners. Prior to December 6,
2010, the The county board of commissioners of the county in
which a forest preserve district is located shall be the forest
preserve district board of such district and the president of
the county board shall be the president of the forest preserve
district board. The members shall act without any other pay
than that already provided by law.
Beginning on December 6, 2010, the affairs of the district
shall be managed by a board of commissioners consisting of 9
members. Beginning with the general election held in 2010 and
at each succeeding general election, the commissioners shall be
elected from the 3 election districts for the Cook County Board
of Review created under Section 5-5 of the Property Tax Code.
Candidates for commissioner shall not be candidates of
established political parties, but shall be non-partisan. Each
commissioner must be a resident of the election district for at
least one year prior to the commencement of the term of office.
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
1,000 qualified voters of the election district.

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At the 2010 general election, 3 commissioners shall be
elected from each election district. No later than 30 days
after the 2010 general election, the county clerk shall divide
the commissioners publicly by lot into 3 equal groups, with one
commissioner from each election district in each group.
Commissioners or their successors from group one shall be
elected to initial terms of 6 years. Commissioners or their
successors from the second group shall be elected to initial
terms of 4 years. The commissioners or their successors from
the third group shall be elected to initial terms of 2 years.
Thereafter, each commissioner shall be elected for a 6-year
term. The commissioners shall elect from their number a
president for a 2-year term.
The term of office for the commissioners elected under this
Section shall begin on the first Monday of the month following
the month of the election. Each commissioner before entering
upon the duties of his or her office shall take an oath to
faithfully discharge his or her duties as a commissioner. The
commissioners shall hold their office until their successors
are elected and qualified. No commissioner shall serve
simultaneously as a commissioner and a member or chairperson of
another countywide elected board, commission, or agency.
If a vacancy in the position of board president or
commissioner occurs, other than by expiration of the
president's or commissioner's term, the board shall declare
that a vacancy exists. If the vacancy occurs in the office of

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the president, the board shall, within 30 days after the date
of the vacancy, appoint a person to serve for the remainder of
the unexpired term or until his or her successor is elected and
qualified. If a vacancy occurs in the office of forest preserve
district commissioner, the president of the board shall, within
60 days after the date of the vacancy, with the advice and
consent of the other commissioners then serving, appoint a
person to serve for the remainder of the unexpired term or
until his or her successor is elected and qualified. If more
than 28 months remain in the unexpired term of a commissioner,
the appointment shall be until the next general election, at
which time the vacated office shall be filled by election for
the remainder of the term.
All commissioners elected or appointed under this Section
shall serve without compensation, but they shall be reimbursed
for their reasonable expenses actually incurred in performing
their official duties.
(Source: P.A. 80-320.)
(70 ILCS 810/14) (from Ch. 96 1/2, par. 6417)
Sec. 14. Powers of board; officers. The board, as corporate
authority of a forest preserve district, shall have power to
pass and enforce all necessary ordinances, rules and
regulations for the management of the property and conduct of
the business of such district. The board shall set the policies
and goals for the district. The president of such board, with

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the advice and consent of the board of commissioners, must
appoint a general superintendent to manage the forest preserve
district and shall have power to appoint a secretary and an
assistant secretary, and treasurer and an assistant treasurer
and such other officers and such employees as may be necessary,
all of whom, excepting the treasurer and attorneys, shall be
under civil service rules and regulations, as provided in
Section 17 of this Act. The appointed officers do not need to
be members of the board. The general superintendent is the
chief administrative officer of the district and shall
supervise and be responsible for all administrative and
operational matters of the forest preserve district. The
general superintendent must be a resident of the forest
preserve district. He or she must be selected solely based on
his or her administrative and technical qualifications and
without regard to his or her political affiliations. The
general superintendent shall not serve simultaneously as the
general superintendent and a commissioner. The assistant
secretary and assistant treasurer shall perform the duties of
the secretary and treasurer, respectively, in case of death of
said officers or when said officers are unable to perform the
duties of their respective offices because of absence or
inability to act. All contracts for supplies, material or work
involving an expenditure by forest preserve districts in excess
of $25,000 shall be let to the lowest responsible bidder, after
due advertisement, excepting work requiring personal

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confidence or necessary supplies under the control of
monopolies, where competitive bidding is impossible. Contracts
for supplies, material or work involving an expenditure of
$25,000 or less may be let without advertising for bids, but
whenever practicable, at least 3 competitive bids shall be
obtained before letting such contract. All contracts for
supplies, material or work shall be signed by the president of
the board and by any such other officer as the board in its
discretion may designate.
Salaries of employees shall be fixed by ordinance.
(Source: P.A. 94-951, eff. 6-27-06.)
(70 ILCS 810/20) (from Ch. 96 1/2, par. 6423)
Sec. 20. Duties of president; vote of board. The president
shall preside at all meetings of the board and be the executive
officer of the district. He or she shall sign all ordinances,
resolutions and other papers necessary to be signed and shall
execute all contracts entered into by the district and perform
other duties as may be prescribed by ordinance. In the case of
a special meeting, the president shall cause notice to be given
to all members as provided by the rule of the board. He may
veto any ordinance and any orders, resolutions and actions, or
any items therein contained, of the board which provide for the
purchase of real estate, or for the construction of
improvements within the preserves of the district. Such veto
shall be filed with the secretary of the board within 5 days

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after the passage of the ordinance, order, resolution or action
and when so vetoed the ordinance, order, resolution or action
or any item therein contained is not effective unless it is
again passed by two-thirds vote of all the members of the
board. The president may vote in the same manner as the other
members of the board. In the temporary absence or inability of
the president, the members of the board may elect from their
own number a president, pro tem.
The "Yeas" and "Nays" shall be taken, and entered on the
journal of the board's proceedings, upon the passage of all
ordinances and all proposals to create any liability, or for
the expenditure or appropriation of money. The concurrence of a
majority of all the members appointed to the board is necessary
to the passage of any such ordinance or proposal. In all other
cases the "Yeas" and "Nays" shall be taken at the request of
any member of the board and shall be entered on the journal of
the board's proceedings.
(Source: P.A. 80-320.)
Section 99. Effective date. This Act takes effect upon