Bill Text: IL SB0910 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Counties Code. Provides that when a county board creates or modifies the apportionment of districts in the county, each district shall also (i) provide racial minorities or language minorities with equal opportunity to participate in the political process and elect candidates of their choice; (ii) provide racial minorities or language minorities who constitute less than a voting-age majority of a district with an opportunity to substantially influence the outcome of an election; and (iii) shall not discriminate against or in favor of any political party or individual.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2017-05-22 - House Committee Amendment No. 1 Rules Refers to Executive Committee [SB0910 Detail]

Download: Illinois-2017-SB0910-Engrossed.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5Sections 2-3001 and 2-3003 as follows:
6 (55 ILCS 5/2-3001) (from Ch. 34, par. 2-3001)
7 Sec. 2-3001. Definitions. As used in this Division, unless
8the context otherwise requires:
9 a. "District" means a county board district established as
10provided in this Division.
11 b. "County apportionment commission" or "commission" means
12the county clerk, the State's Attorney, the Attorney General or
13his designated representative and the chairmen of the county
14central committees of the first leading political party and the
15second leading political party as defined in Section 1-3 of The
16Election Code.
17 c. "Population" means the number of inhabitants as
18determined by the last preceding federal decennial census.
19 d. "Member" or "board member" means a person elected to
20serve on the county board.
21 e. "Racial minorities or language minorities" has the
22meaning provided to that term in subsection (c) of Section 5-5
23of the Illinois Voting Rights Act of 2011.

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1(Source: P.A. 86-962.)
2 (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
3 Sec. 2-3003. Apportionment plan.
4 (1) If the county board determines that members shall be
5elected by districts, it shall develop an apportionment plan
6and specify the number of districts and the number of county
7board members to be elected from each district and whether
8voters will have cumulative voting rights in multi-member
9districts. Each such district:
10 a. Shall be substantially equal in population to each
11 other district;
12 b. Shall be comprised of contiguous territory, as
13 nearly compact as practicable; and
14 c. May divide townships or municipalities only when
15 necessary to conform to the population requirement of
16 paragraph a. of this Section; .
17 d. Shall be created in such a manner so that no
18 precinct shall be divided between 2 or more districts,
19 insofar as is practicable; .
20 e. Shall provide racial minorities or language
21 minorities with equal opportunity to participate in the
22 political process and elect candidates of their choice;
23 f. Shall provide racial minorities or language
24 minorities who constitute less than a voting-age majority
25 of a district with an opportunity to substantially

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1 influence the outcome of an election; and
2 g. Shall not discriminate against or in favor of any
3 political party or individual.
4 (2) The county board of each county having a population of
5less than 3,000,000 inhabitants may, if it should so decide,
6provide within that county for single member districts outside
7the corporate limits and multi-member districts within the
8corporate limits of any municipality with a population in
9excess of 75,000. Paragraphs a, b, c and d of subsection (1) of
10this Section shall apply to the apportionment of both single
11and multi-member districts within a county to the extent that
12compliance with paragraphs a, b, c and d still permit the
13establishment of such districts, except that the population of
14any multi-member district shall be equal to the population of
15any single member district, times the number of members found
16within that multi-member district.
17 (3) In a county where the Chairman of the County Board is
18elected by the voters of the county as provided in Section
192-3007, the Chairman of the County Board may develop and
20present to the Board by the third Wednesday in May in the year
21after a federal decennial census year an apportionment plan in
22accordance with the provisions of subsection (1) of this
23Section. If the Chairman presents a plan to the Board by the
24third Wednesday in May, the Board shall conduct at least one
25public hearing to receive comments and to discuss the
26apportionment plan, the hearing shall be held at least 6 days

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1but not more than 21 days after the Chairman's plan was
2presented to the Board, and the public shall be given notice of
3the hearing at least 6 days in advance. If the Chairman
4presents a plan by the third Wednesday in May, the Board is
5prohibited from enacting an apportionment plan until after a
6hearing on the plan presented by the Chairman. The Chairman
7shall have access to the federal decennial census available to
8the Board.
9 (4) In a county where a County Executive is elected by the
10voters of the county as provided in Section 2-5007 of the
11Counties Code, the County Executive may develop and present to
12the Board by the third Wednesday in May in the year after a
13federal decennial census year an apportionment plan in
14accordance with the provisions of subsection (1) of this
15Section. If the Executive presents a plan to the Board by the
16third Wednesday in May, the Board shall conduct at least one
17public hearing to receive comments and to discuss the
18apportionment plan, the hearing shall be held at least 6 days
19but not more than 21 days after the Executive's plan was
20presented to the Board, and the public shall be given notice of
21the hearing at least 6 days in advance. If the Executive
22presents a plan by the third Wednesday in May, the Board is
23prohibited from enacting an apportionment plan until after a
24hearing on the plan presented by the Executive. The Executive
25shall have access to the federal decennial census available to
26the Board.

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1(Source: P.A. 96-1540, eff. 3-7-11; 97-986, eff. 8-17-12.)
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