IL
Illinois House Bill HB4240

Illinois 2023-2024 Regular Session

Illinois House Bill HB4240 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4240 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: 70 ILCS 805/3c70 ILCS 805/3c-170 ILCS 805/3c-2 new Amends the Downstate Forest Preserve District Act. Restores language concerning how the terms of elected commissioners are to be determined for a forest preserve district having boundaries that are coextensive with the boundaries of a county having a population of more than 800,000 but less than 3,000,000. Specifies that the changes made by the amendatory Act are to be deemed to have been in continuous effect since November 15, 2021 (the effective date of the Public Act that deleted language concerning how the terms of elected commissioners of such a district are to be determined) and are to remain in effect until lawfully repealed. Provides that all actions that were taken on or after 2021 and before the effective date of the amendatory Act by a downstate forest preserve district or any other person and that are consistent with or in reliance on the changes made by the amendatory Act are validated. Effective immediately. LRB103 35317 AWJ 65365 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4240 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: 70 ILCS 805/3c70 ILCS 805/3c-170 ILCS 805/3c-2 new 70 ILCS 805/3c 70 ILCS 805/3c-1 70 ILCS 805/3c-2 new Amends the Downstate Forest Preserve District Act. Restores language concerning how the terms of elected commissioners are to be determined for a forest preserve district having boundaries that are coextensive with the boundaries of a county having a population of more than 800,000 but less than 3,000,000. Specifies that the changes made by the amendatory Act are to be deemed to have been in continuous effect since November 15, 2021 (the effective date of the Public Act that deleted language concerning how the terms of elected commissioners of such a district are to be determined) and are to remain in effect until lawfully repealed. Provides that all actions that were taken on or after 2021 and before the effective date of the amendatory Act by a downstate forest preserve district or any other person and that are consistent with or in reliance on the changes made by the amendatory Act are validated. Effective immediately. LRB103 35317 AWJ 65365 b LRB103 35317 AWJ 65365 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4240 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED:
33 70 ILCS 805/3c70 ILCS 805/3c-170 ILCS 805/3c-2 new 70 ILCS 805/3c 70 ILCS 805/3c-1 70 ILCS 805/3c-2 new
44 70 ILCS 805/3c
55 70 ILCS 805/3c-1
66 70 ILCS 805/3c-2 new
77 Amends the Downstate Forest Preserve District Act. Restores language concerning how the terms of elected commissioners are to be determined for a forest preserve district having boundaries that are coextensive with the boundaries of a county having a population of more than 800,000 but less than 3,000,000. Specifies that the changes made by the amendatory Act are to be deemed to have been in continuous effect since November 15, 2021 (the effective date of the Public Act that deleted language concerning how the terms of elected commissioners of such a district are to be determined) and are to remain in effect until lawfully repealed. Provides that all actions that were taken on or after 2021 and before the effective date of the amendatory Act by a downstate forest preserve district or any other person and that are consistent with or in reliance on the changes made by the amendatory Act are validated. Effective immediately.
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1313 1 AN ACT concerning local government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Downstate Forest Preserve District Act is
1717 5 amended by changing Sections 3c and 3c-1 and by adding Section
1818 6 3c-2 as follows:
1919 7 (70 ILCS 805/3c)
2020 8 Sec. 3c. Elected board of commissioners in certain
2121 9 counties. If the boundaries of a district are co-extensive
2222 10 with the boundaries of a county having a population of more
2323 11 than 800,000 but less than 3,000,000, all commissioners of the
2424 12 forest preserve district shall be elected from the number of
2525 13 districts as determined by the forest preserve district board
2626 14 of commissioners. Such a forest preserve district is a
2727 15 separate and distinct legal entity, and its board members are
2828 16 elected separate and apart from the elected county
2929 17 commissioners. Upon its formation, or as a result of decennial
3030 18 reapportionment, such a forest preserve district shall adopt a
3131 19 district map determining the boundary lines of each district.
3232 20 That map shall be adjusted and reapportioned subject to the
3333 21 same decennial reapportionment process stated in Section 3c-1.
3434 22 No more than one commissioner shall be elected from each
3535 23 district. At their first meeting after election in 2022 and at
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4240 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED:
4040 70 ILCS 805/3c70 ILCS 805/3c-170 ILCS 805/3c-2 new 70 ILCS 805/3c 70 ILCS 805/3c-1 70 ILCS 805/3c-2 new
4141 70 ILCS 805/3c
4242 70 ILCS 805/3c-1
4343 70 ILCS 805/3c-2 new
4444 Amends the Downstate Forest Preserve District Act. Restores language concerning how the terms of elected commissioners are to be determined for a forest preserve district having boundaries that are coextensive with the boundaries of a county having a population of more than 800,000 but less than 3,000,000. Specifies that the changes made by the amendatory Act are to be deemed to have been in continuous effect since November 15, 2021 (the effective date of the Public Act that deleted language concerning how the terms of elected commissioners of such a district are to be determined) and are to remain in effect until lawfully repealed. Provides that all actions that were taken on or after 2021 and before the effective date of the amendatory Act by a downstate forest preserve district or any other person and that are consistent with or in reliance on the changes made by the amendatory Act are validated. Effective immediately.
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7474 1 their first meeting after election next following each
7575 2 subsequent decennial reapportionment of the county under
7676 3 Section 3c-1, the elected commissioners shall publicly, by
7777 4 lot, divide themselves into 2 groups, as equal in size as
7878 5 possible. Commissioners from the first group shall serve for
7979 6 terms of 2, 4, and 4 years, and commissioners from the second
8080 7 group shall serve terms of 4, 4, and 2 years. The president of
8181 8 the board of commissioners of the forest preserve district
8282 9 shall be elected by the voters of the county, rather than by
8383 10 the commissioners. The president shall be a resident of the
8484 11 county and shall be elected throughout the county for a 4-year
8585 12 term without having been first elected as commissioner of the
8686 13 forest preserve district. Each commissioner shall be a
8787 14 resident of the forest preserve board district from which he
8888 15 or she was elected not later than the date of the commencement
8989 16 of the term of office. The term of office for the president and
9090 17 commissioners elected under this Section shall commence on the
9191 18 first Monday of the month following the month of election.
9292 19 Neither a commissioner nor the president of the board of
9393 20 commissioners of that forest preserve district shall serve
9494 21 simultaneously as member or chairman of the county board. No
9595 22 person shall seek election to both the forest preserve
9696 23 commission and the county board at the same election, nor
9797 24 shall they be eligible to hold both offices at the same time.
9898 25 The president, with the advice and consent of the board of
9999 26 commissioners shall appoint a secretary, treasurer, and such
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110110 1 other officers as deemed necessary by the board of
111111 2 commissioners, which officers need not be members of the board
112112 3 of commissioners. The president shall have the powers and
113113 4 duties as specified in Section 12 of this Act.
114114 5 Candidates for president and commissioner shall be
115115 6 candidates of established political parties.
116116 7 If a vacancy in the office of president or commissioner
117117 8 occurs, other than by expiration of the president's or
118118 9 commissioner's term, the forest preserve district board of
119119 10 commissioners shall declare that a vacancy exists and
120120 11 notification of the vacancy shall be given to the county
121121 12 central committee of each established political party within 3
122122 13 business days after the occurrence of the vacancy. If the
123123 14 vacancy occurs in the office of forest preserve district
124124 15 commissioner, the president of the board of commissioners
125125 16 shall, within 60 days after the date of the vacancy, with the
126126 17 advice and consent of other commissioners then serving,
127127 18 appoint a person to serve for the remainder of the unexpired
128128 19 term. The appointee shall be affiliated with the same
129129 20 political party as the commissioner in whose office the
130130 21 vacancy occurred and be a resident of such district. If a
131131 22 vacancy in the office of president occurs, other than by
132132 23 expiration of the president's term, the remaining members of
133133 24 the board of commissioners shall, within 60 days after the
134134 25 vacancy, appoint one of the commissioners to serve as
135135 26 president for the remainder of the unexpired term. In that
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146146 1 case, the office of the commissioner who is appointed to serve
147147 2 as president shall be deemed vacant and shall be filled within
148148 3 60 days by appointment of the president with the advice and
149149 4 consent of the other forest preserve district commissioners.
150150 5 The commissioner who is appointed to fill a vacancy in the
151151 6 office of president shall be affiliated with the same
152152 7 political party as the person who occupied the office of
153153 8 president prior to the vacancy. A person appointed to fill a
154154 9 vacancy in the office of president or commissioner shall
155155 10 establish his or her party affiliation by his or her record of
156156 11 voting in primary elections or by holding or having held an
157157 12 office in an established political party organization before
158158 13 the appointment. If the appointee has not voted in a party
159159 14 primary election or is not holding or has not held an office in
160160 15 an established political party organization before the
161161 16 appointment, the appointee shall establish his or her
162162 17 political party affiliation by his or her record of
163163 18 participating in an established political party's nomination
164164 19 or election caucus. If, however, more than 28 months remain in
165165 20 the unexpired term of a commissioner or the president, the
166166 21 appointment shall be until the next general election, at which
167167 22 time the vacated office of commissioner or president shall be
168168 23 filled by election for the remainder of the term.
169169 24 Notwithstanding any law to the contrary, if a vacancy occurs
170170 25 after the last day provided in Section 7-12 of the Election
171171 26 Code for filing nomination papers for the office of president
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182182 1 of a forest preserve district where that office is elected as
183183 2 provided for in this Section, or as set forth in Section 7-61
184184 3 of the Election Code, a vacancy in nomination shall be filled
185185 4 by the passage of a resolution by the nominating committee of
186186 5 the affected political party within the time periods specified
187187 6 in the Election Code. The nominating committee shall consist
188188 7 of the chairman of the county central committee and the
189189 8 township chairmen of the affected political party. All other
190190 9 vacancies in nomination shall be filled in accordance with the
191191 10 provisions of the Election Code.
192192 11 The president and commissioners elected under this Section
193193 12 may be reimbursed for their reasonable expenses actually
194194 13 incurred in performing their official duties under this Act in
195195 14 accordance with the provisions of Section 3a. The
196196 15 reimbursement paid under this Section shall be paid by the
197197 16 forest preserve district.
198198 17 Compensation for the president and the forest preserve
199199 18 commissioners elected under this Section shall be established
200200 19 by the board of commissioners of the forest preserve district.
201201 20 This Section does not apply to a forest preserve district
202202 21 created under Section 18.5 of the Conservation District Act.
203203 22 (Source: P.A. 102-668, eff. 11-15-21.)
204204 23 (70 ILCS 805/3c-1)
205205 24 Sec. 3c-1. Reapportionment plan for forest preserve
206206 25 districts under Section 3c.
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217217 1 (a) Beginning in 2021, the The Downstate Forest Preserve
218218 2 District board of commissioners shall develop an apportionment
219219 3 plan and specify the number of districts. Each district shall
220220 4 have one commissioner. Each such district:
221221 5 (1) shall be substantially equal in population to each
222222 6 other district; and
223223 7 (2) shall be comprised of contiguous territory, as
224224 8 nearly compact as practicable; and
225225 9 (3) shall be created in such a manner so that no
226226 10 precinct shall be divided between 2 or more districts,
227227 11 insofar as is practicable.
228228 12 (b) The president of the board of commissioners of a
229229 13 Downstate Forest Preserve District may develop a reappointment
230230 14 plan and that plan, as presented or as amended, shall be
231231 15 presented to the board by the third Wednesday in May in the
232232 16 year after a federal decennial census year for approval in
233233 17 accordance with the provisions of subsection (a) of this
234234 18 Section. If the president presents a plan to the board by the
235235 19 third Wednesday in May, the board shall conduct at least one
236236 20 public hearing to receive comments and to discuss the
237237 21 apportionment plan. That hearing shall be held at least 6 days
238238 22 but not more than 21 days before the board may consider
239239 23 adopting the plan, and the public shall be given notice by
240240 24 publication in a newspaper of general circulation in the
241241 25 district of the hearing at least 6 days in advance of the
242242 26 hearing. The president of the board of commissioners shall
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253253 1 have access to the federal decennial census available to the
254254 2 board.
255255 3 (c) For the reapportionment in calendar year 2021, the
256256 4 president of the board of commissioners may develop and
257257 5 present (or redevelop and represent) to the board by the third
258258 6 Wednesday in November of 2021 an apportionment plan. If a plan
259259 7 is presented, the board shall conduct at least one hearing on
260260 8 the proposed plan before it may be adopted. That hearing shall
261261 9 be held at least 6 days but not more than 21 days before the
262262 10 board may consider adopting the plan, and the public shall be
263263 11 given notice by publication in a newspaper of general
264264 12 circulation in the district of the hearing at least 6 days in
265265 13 advance of the hearing.
266266 14 (d) After each decennial census, the Downstate Forest
267267 15 Preserve District board is not obligated to reapportion the
268268 16 districts if existing districts are within a 10% population
269269 17 deviation from each other based on the results of the
270270 18 decennial census.
271271 19 (e) As used in this Section, "Downstate Forest Preserve
272272 20 District" means a district described in Section 3c.
273273 21 (Source: P.A. 102-668, eff. 11-15-21.)
274274 22 (70 ILCS 805/3c-2 new)
275275 23 Sec. 3c-2. Continuous effect of provisions; validation.
276276 24 The General Assembly declares that the changes made to
277277 25 Sections 3c and 3c-1 by this amendatory Act of the 103rd
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288288 1 General Assembly shall be deemed to have been in continuous
289289 2 effect since November 15, 2021 (the effective date of Public
290290 3 Act 102-688) and shall continue to be in effect until they are
291291 4 lawfully repealed. All actions that were taken on or after
292292 5 2021 and before the effective date of this amendatory Act of
293293 6 the 103rd General Assembly by a downstate forest preserve
294294 7 district or any other person and that are consistent with or in
295295 8 reliance on the changes made to Sections 3c and 3c-1 by this
296296 9 amendatory Act of the 103rd General Assembly are hereby
297297 10 validated.
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