Bill Text: IL SB2934 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Downstate Forest Preserve District Act. Provides that, beginning with the general election in 2012 and each succeeding general election, a forest preserve district shall be divided into 6 districts and one commissioner of the forest preserve district shall be elected from each district that is co-extensive with a county with a population of more than 800,000 but less than 3,000,000 (now, commissioners of the forest preserve district are elected from the same districts as members of the county board). Provides that by July 1, 2011 and each 10 years thereafter, the board of commissioners of a forest preserve district shall develop an apportionment plan for the district. Sets forth the requirements for the apportionment plan. Provides that, if any forest preserve district fails to complete the reapportionment of its district by July 1 in 2011 or any 10 years thereafter, the county clerk of that county shall convene the county apportionment commission to develop the apportionment plan. Sets forth the requirements for filing an apportionment plan. Provides that, if no apportionment plan is filed, then the commissioners of the forest preserve district shall be elected at large in the district. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-06-27 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2934 Detail]

Download: Illinois-2009-SB2934-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2934 Introduced 1/28/2010, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
70 ILCS 805/3c
Amends the Downstate Forest Preserve District Act. Provides that, beginning with the general election in 2012 and each succeeding general election, a forest preserve district shall be divided into 6 districts and one commissioner of the forest preserve district shall be elected from each district that is co-extensive with a county with a population of more than 800,000 but less than 3,000,000 (now, commissioners of the forest preserve district are elected from the same districts as members of the county board). Provides that by July 1, 2011 and each 10 years thereafter, the board of commissioners of a forest preserve district shall develop an apportionment plan for the district. Sets forth the requirements for the apportionment plan. Provides that, if any forest preserve district fails to complete the reapportionment of its district by July 1 in 2011 or any 10 years thereafter, the county clerk of that county shall convene the county apportionment commission to develop the apportionment plan. Sets forth the requirements for filing an apportionment plan. Provides that, if no apportionment plan is filed, then the commissioners of the forest preserve district shall be elected at large in the district. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
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 Downstate Forest Preserve District Act is
amended by changing Section 3c as follows:
(70 ILCS 805/3c)
Sec. 3c. Elected board of commissioners in certain
counties.
(a) This Section applies only if If the boundaries of a
district are co-extensive with the boundaries of a county
having a population of more than 800,000 but less than
3,000,000.
All , all commissioners of the forest preserve district
shall be elected from the same districts as members of the
county board beginning with the general election held in 2002
and each succeeding general election through 2010. One
commissioner shall be elected from each district. At their
first meeting after their election in 2002 and following each
subsequent decennial reapportionment of the county under
Division 2-3 of the Counties Code, the elected commissioners
shall publicly by lot divide themselves into 2 groups, as equal
in size as possible.
Beginning with the general election held in 2012 and each

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succeeding general election, the forest preserve district
shall be divided into 6 districts. One commissioner shall be
elected from each district. At their first meeting after their
election in 2012 and following each subsequent decennial
reapportionment as required under subsection (b), the elected
commissioners shall publicly by lot divide themselves into 2
equal groups.
Commissioners from the first group shall serve for terms of
2, 4, and 4 years; and commissioners from the second group
shall serve terms of 4, 4, and 2 years. Beginning with the
general election in 2002, the president of the board of
commissioners of the forest preserve district shall be elected
by the voters of the county, rather than by the commissioners.
The president shall be a resident of the county and shall be
elected throughout the county for a 4-year term without having
been first elected as commissioner of the forest preserve
district. Each commissioner shall be a resident of the county
board district from which he or she was elected not 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 of that forest preserve
district shall serve simultaneously as member or chairman of
the county board. No person shall seek election to both the
forest preserve commission and the county board at the same

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election. The president, with the advice and consent of the
board of commissioners shall appoint a secretary, treasurer,
and such other officers as deemed necessary by the board of
commissioners, which officers need not be members of the board
of commissioners. The president shall have the powers and
duties as specified in Section 12 of this Act.
Candidates for president and commissioner shall be
candidates of established political parties.
(b) By July 1, 2011 and each 10 years thereafter, the board
of commissioners shall develop an apportionment plan whereby
each district:
(1) shall be substantially equal in population;
(2) shall be comprised of contiguous territory, as
nearly compact as practical;
(3) may divide townships or municipalities only when
necessary to conform to the population requirement of item
(1) of this subsection (b); and
(4) shall be created in such a manner so that no
precinct shall be divided between 2 or more districts,
insofar as is practical.
If any forest preserve district fails to complete the
reapportionment of its district by July 1 in 2011 or any 10
years thereafter, the county clerk of that county shall convene
the county apportionment commission as defined in item (b) of
Section 2-3001 of the Counties Code. Three members of the
county apportionment commission shall constitute a quorum, but

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a majority of all the members must vote affirmatively on any
determination made by the county apportionment commission. The
county apportionment commission shall adopt rules for its
procedure. The county apportionment commission shall develop
an apportionment plan for the district in the manner provided
by this Section. The county apportionment commission shall
submit its apportionment plan by October 1 in the year that it
is convened, except that the circuit court, for good cause
shown, may grant an extension of time, not exceeding a total of
60 days, within which such a plan may be submitted.
The apportionment plan developed by the forest preserve
district board of commissioners or the county apportionment
commission, as the case may be, must be filed in the office of
the county clerk by the time required by this subsection (b).
The county clerk shall promptly forward copies of that plan to
the president of the forest preserve district board of
commissioners and shall keep other copies of the plan available
for distribution free of charge to any registered voter of the
district requesting a copy. If no apportionment plan is filed
with the county clerk as required by this Section, the
commissioners of the forest preserve district board shall be
elected at large in the district.
(c) If a vacancy in the office of president or commissioner
occurs, other than by expiration of the president's or
commissioner's term, the forest preserve district board of
commissioners shall declare that a vacancy exists and

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notification of the vacancy shall be given to the county
central committee of each established political party within 3
business days after the occurrence of the vacancy. If the
vacancy occurs in the office of forest preserve district
commissioner, the president of the board of commissioners
shall, within 60 days after the date of the vacancy, with the
advice and consent of other commissioners then serving, appoint
a person to serve for the remainder of the unexpired term. The
appointee shall be affiliated with the same political party as
the commissioner in whose office the vacancy occurred and be a
resident of such district. If a vacancy in the office of
president occurs, other than by expiration of the president's
term, the remaining members of the board of commissioners
shall, within 60 days after the vacancy, appoint one of the
commissioners to serve as president for the remainder of the
unexpired term. In that case, the office of the commissioner
who is appointed to serve as president shall be deemed vacant
and shall be filled within 60 days by appointment of the
president with the advice and consent of the other forest
preserve district commissioners. The commissioner who is
appointed to fill a vacancy in the office of president shall be
affiliated with the same political party as the person who
occupied the office of president prior to the vacancy. A person
appointed to fill a vacancy in the office of president or
commissioner shall establish his or her party affiliation by
his or her record of voting in primary elections or by holding

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or having held an office in an established political party
organization before the appointment. If the appointee has not
voted in a party primary election or is not holding or has not
held an office in an established political party organization
before the appointment, the appointee shall establish his or
her political party affiliation by his or her record of
participating in an established political party's nomination
or election caucus. If, however, more than 28 months remain in
the unexpired term of a commissioner or the president, the
appointment shall be until the next general election, at which
time the vacated office of commissioner or president shall be
filled by election for the remainder of the term.
Notwithstanding any law to the contrary, if a vacancy occurs
after the last day provided in Section 7-12 of the Election
Code for filing nomination papers for the office of president
of a forest preserve district where that office is elected as
provided for in this Section, or as set forth in Section 7-61
of the Election Code, a vacancy in nomination shall be filled
by the passage of a resolution by the nominating committee of
the affected political party within the time periods specified
in the Election Code. The nominating committee shall consist of
the chairman of the county central committee and the township
chairmen of the affected political party. All other vacancies
in nomination shall be filled in accordance with the provisions
of the Election Code.
(d) The president and commissioners elected under this

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Section 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
reimbursement paid under this Section shall be paid by the
forest preserve district.
Compensation for the president and the forest preserve
commissioners elected under this Section shall be established
by the board of commissioners of the forest preserve district.
(e) This Section does not apply to a forest preserve
district created under Section 18.5 of the Conservation
District Act.
(Source: P.A. 94-617, eff. 8-18-05; 94-900, eff. 6-22-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.