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140 | | - | 1 full term of office. A vacancy in the office of township or |
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141 | | - | 2 multi-township assessor shall be filled only as provided in |
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142 | | - | 3 the Property Tax Code. |
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143 | | - | 4 For purposes of this subsection (a), a conviction for an |
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144 | | - | 5 offense that disqualifies an officer from holding that office |
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145 | | - | 6 occurs on the date of (i) the entry of a plea of guilty in |
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146 | | - | 7 court, (ii) the return of a guilty verdict, or (iii) in the |
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147 | | - | 8 case of a trial by the court, the entry of a finding of guilt. |
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148 | | - | 9 (b) If a vacancy on the township board is not filled within |
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149 | | - | 10 60 days, then a special township meeting must be called under |
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150 | | - | 11 Section 35-5 to select a replacement under Section 35-35. |
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151 | | - | 12 (b-5) If the vacancy being filled under subsection (a) or |
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152 | | - | 13 (b) is for the township supervisor, a trustee shall be |
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153 | | - | 14 appointed as deputy supervisor to perform the ministerial |
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154 | | - | 15 functions of that office until the vacancy is filled under |
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155 | | - | 16 subsections (a) or (b). Once the vacancy is filled under |
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156 | | - | 17 subsections (a) or (b), the deputy supervisor's appointment is |
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157 | | - | 18 terminated. |
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158 | | - | 19 (c) Except as otherwise provided in this Section, whenever |
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159 | | - | 20 any township or multi-township office becomes vacant or |
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160 | | - | 21 temporarily vacant, the township or multi-township board may |
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161 | | - | 22 temporarily appoint a deputy to perform the ministerial |
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162 | | - | 23 functions of the vacant office until the vacancy has been |
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163 | | - | 24 filled as provided in subsection (a) or (b). If the office is |
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164 | | - | 25 temporarily vacant, the temporarily appointed deputy may |
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165 | | - | 26 perform the ministerial functions of the vacant office until |
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166 | | - | |
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176 | | - | 1 the township officer submits a written statement to the |
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177 | | - | 2 appropriate board that he or she is able to resume his or her |
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178 | | - | 3 duties. For the purposes of this Section, "ministerial |
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179 | | - | 4 functions" includes, but is not limited to, serving as the ex |
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180 | | - | 5 officio supervisor of general assistance in the township and |
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181 | | - | 6 administering the general assistance program under Articles |
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182 | | - | 7 VI, XI, and XII of the Illinois Public Aid Code. The statement |
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183 | | - | 8 shall be sworn to before an officer authorized to administer |
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184 | | - | 9 oaths in this State. A temporary deputy shall not be permitted |
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185 | | - | 10 to vote at any meeting of the township board on any matter |
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186 | | - | 11 properly before the board unless the appointed deputy is a |
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187 | | - | 12 trustee of the board at the time of the vote. If the appointed |
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188 | | - | 13 deputy is a trustee appointed as a temporary deputy, his or her |
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189 | | - | 14 trustee compensation shall be suspended until he or she |
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190 | | - | 15 concludes his or her appointment as an appointed deputy upon |
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191 | | - | 16 the permanent appointment to fill the vacancy. The |
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192 | | - | 17 compensation of a temporary deputy shall be determined by the |
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193 | | - | 18 appropriate board. The township board shall not appoint a |
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194 | | - | 19 deputy clerk if the township clerk has appointed a deputy |
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195 | | - | 20 clerk under Section 75-45. |
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196 | | - | 21 (d) Except for the temporary appointment of a deputy under |
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197 | | - | 22 subsection (c), any person appointed to fill a vacancy under |
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198 | | - | 23 this Section shall be a member of the same political party as |
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199 | | - | 24 the person vacating the office if the person vacating the |
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200 | | - | 25 office was elected as a member of an established political |
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201 | | - | 26 party, under Section 10-2 of the Election Code, that is still |
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212 | | - | 1 in existence at the time of appointment. The appointee shall |
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213 | | - | 2 establish his or her political party affiliation by his or her |
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214 | | - | 3 record of voting in party primary elections or by holding or |
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215 | | - | 4 having held an office in a political party organization before |
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216 | | - | 5 appointment. If the appointee has not voted in a party primary |
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217 | | - | 6 election or is not holding or has not held an office in a |
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218 | | - | 7 political party organization before the appointment, then the |
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219 | | - | 8 appointee shall establish his or her political party |
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220 | | - | 9 affiliation by his or her record of participating in a |
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221 | | - | 10 political party's nomination or election caucus. |
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222 | | - | 11 (Source: P.A. 101-104, eff. 7-19-19.) |
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223 | | - | 12 Section 15. The Downstate Forest Preserve District Act is |
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224 | | - | 13 amended by changing Sections 3a, 3c, 3d, and 12 as follows: |
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225 | | - | 14 (70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305) |
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226 | | - | 15 Sec. 3a. Except as otherwise provided in this Section, and |
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227 | | - | 16 except as provided in Section 3c, 3d, and 3.5, the affairs of |
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228 | | - | 17 the district shall be managed by a board of commissioners |
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229 | | - | 18 consisting of 5 commissioners, who shall be appointed by the |
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230 | | - | 19 presiding officer of the county board of the county in which |
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231 | | - | 20 such forest preserve district is situated, with the advice and |
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232 | | - | 21 consent of such county board. The first appointment shall be |
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233 | | - | 22 made within 90 days and not sooner than 60 days after such |
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234 | | - | 23 forest preserve district has been organized as provided |
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235 | | - | 24 herein. Each member of such board so appointed shall be a legal |
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236 | | - | |
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246 | | - | 1 voter in such district. The first commissioners shall be |
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247 | | - | 2 appointed to hold office for terms of one, 2, 3, 4, and 5 |
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248 | | - | 3 years, and until June 30 thereafter, respectively, as |
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249 | | - | 4 determined and fixed by lot. Thereafter, successor |
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250 | | - | 5 commissioners shall be appointed in the same manner no later |
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251 | | - | 6 than the first day of the month in which the term of a |
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252 | | - | 7 commissioner expires. Except as provided in Section 3c and 3d, |
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253 | | - | 8 a vacancy occurring otherwise than by expiration of term shall |
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254 | | - | 9 be filled for the unexpired term by appointment of a |
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255 | | - | 10 commissioner by the county board chairman with the advice and |
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256 | | - | 11 consent of the members of the county board. In the one district |
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257 | | - | 12 in existence on July 1, 1977, that is managed by an appointed |
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258 | | - | 13 board of commissioners, the incumbent 5 commissioners shall |
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259 | | - | 14 complete their respective terms as originally prescribed in |
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260 | | - | 15 this Act. However, upon the expiration of the terms of 2 of the |
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261 | | - | 16 incumbent commissioners on January 1, 1978, they or their |
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262 | | - | 17 successors shall be appointed to hold office for terms of 3 and |
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263 | | - | 18 5 years, and until June 30 thereafter, respectively, as |
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264 | | - | 19 determined and fixed by lot. Furthermore, upon the expiration |
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265 | | - | 20 of the terms of the remaining incumbent commissioners on |
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266 | | - | 21 January 1, 1980, they or their successors shall be appointed |
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267 | | - | 22 to hold office for terms of 2, 4, and 5 years, and until June |
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268 | | - | 23 30 thereafter, respectively, as determined and fixed by lot. |
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269 | | - | 24 Thereafter, each successor commissioner shall be appointed for |
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270 | | - | 25 a term of 5 years. Each member of the board before entering |
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271 | | - | 26 upon the duties of the his office shall take the oath |
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282 | | - | 1 prescribed by the constitution. From the time of the |
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283 | | - | 2 appointment of the first board of commissioners, such forest |
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284 | | - | 3 preserve district shall be construed in all courts to be a body |
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285 | | - | 4 corporate and politic by the name and style determined as |
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286 | | - | 5 aforesaid and by such name may sue and be sued, contract and be |
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287 | | - | 6 contracted with, acquire and hold real and personal estate |
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288 | | - | 7 necessary for its corporate purposes and adopt a seal and |
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289 | | - | 8 alter the same at its pleasure. |
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290 | | - | 9 In case the boundaries of a district are co-extensive with |
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291 | | - | 10 the boundaries of any county, city, village, incorporated town |
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292 | | - | 11 or sanitary district, the corporate authorities of such county |
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293 | | - | 12 (until the commissioners elected under Section 3c and 3d take |
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294 | | - | 13 office), city, village, incorporated town or sanitary district |
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295 | | - | 14 shall have and exercise the powers and privileges and perform |
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296 | | - | 15 the duties and functions of the commissioners provided for in |
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297 | | - | 16 this Act and in that case no commissioner shall be appointed |
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298 | | - | 17 for that district. The corporate authorities, other than |
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299 | | - | 18 members of a county board in counties under township |
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300 | | - | 19 organization having a population of less than 3,000,000 and |
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301 | | - | 20 members of a county board in a county not under township |
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302 | | - | 21 organization who were elected prior to July 1, 1965, shall act |
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303 | | - | 22 without any other pay than that already provided by law. The |
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304 | | - | 23 members of a county board of a county under township |
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305 | | - | 24 organization and members of a county board of a county not |
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306 | | - | 25 under township organization who were elected prior to July 1, |
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307 | | - | 26 1965, who also act as commissioners of a forest preserve |
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318 | | - | 1 district in counties having a population of less than |
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319 | | - | 2 3,000,000 may receive for their services as commissioners of a |
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320 | | - | 3 forest preserve district a per diem fee to be fixed by such |
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321 | | - | 4 board, but not to exceed $36 per day, which shall be in full |
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322 | | - | 5 for all services rendered on such day, or an annual salary to |
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323 | | - | 6 be fixed by such board, but not to exceed $3,000, plus mileage |
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324 | | - | 7 expenses at a rate not more than the amount allowed for members |
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325 | | - | 8 of the county board of such county, as fixed by the board, for |
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326 | | - | 9 each mile necessarily traveled in attending meetings of the |
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327 | | - | 10 board of such district, plus any expense incurred while, or in |
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328 | | - | 11 connection with, carrying out the business of such district |
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329 | | - | 12 outside the boundaries of such district, payable from the |
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330 | | - | 13 forest preserve district treasury. The president of the Board |
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331 | | - | 14 of Commissioners of the Forest Preserve District in counties |
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332 | | - | 15 of less than 3 million may receive in lieu of a per diem fee an |
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333 | | - | 16 annual salary to be fixed by such board. No Forest Preserve |
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334 | | - | 17 Commissioner shall file for a per diem payment for services |
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335 | | - | 18 rendered on the same day for which the commissioner he filed |
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336 | | - | 19 for a per diem payment as a county supervisor. When the county |
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337 | | - | 20 board also acts as such commissioners, a member of the county |
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338 | | - | 21 board of a county under township organization and a member of |
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339 | | - | 22 the county board of a county not under township organization, |
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340 | | - | 23 who is elected prior to July 1, 1965 may, with the permission |
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341 | | - | 24 of the county board, work alone as such a commissioner and be |
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342 | | - | 25 paid in the usual manner. |
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343 | | - | 26 Unless otherwise qualified, the term "board", when used in |
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354 | | - | 1 this Act, means the board of commissioners of any forest |
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355 | | - | 2 preserve district, or the corporate authorities of any county, |
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356 | | - | 3 city, village, incorporated town, or sanitary district, when |
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357 | | - | 4 acting as the governing body of a forest preserve district. |
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358 | | - | 5 (Source: P.A. 96-239, eff. 8-11-09.) |
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359 | | - | 6 (70 ILCS 805/3c) |
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360 | | - | 7 Sec. 3c. Elected board of commissioners in certain |
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361 | | - | 8 counties. If the boundaries of a district are co-extensive |
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362 | | - | 9 with the boundaries of a county having a population of more |
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363 | | - | 10 than 800,000 but less than 3,000,000, all commissioners of the |
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364 | | - | 11 forest preserve district shall be elected from the number of |
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365 | | - | 12 districts as determined by the forest preserve district board |
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366 | | - | 13 of commissioners. Such a forest preserve district is a |
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367 | | - | 14 separate and distinct legal entity, and its board members are |
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368 | | - | 15 elected separate and apart from the elected county |
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369 | | - | 16 commissioners. Upon its formation, or as a result of decennial |
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370 | | - | 17 reapportionment, such a forest preserve district shall adopt a |
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371 | | - | 18 district map determining the boundary lines of each district. |
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372 | | - | 19 That map shall be adjusted and reapportioned subject to the |
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373 | | - | 20 same decennial reapportionment process stated in Section 3c-1. |
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374 | | - | 21 No more than one commissioner shall be elected from each |
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375 | | - | 22 district. At their first meeting after election in 2022 and at |
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376 | | - | 23 their first meeting after election next following each |
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377 | | - | 24 subsequent decennial reapportionment of the county under |
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378 | | - | 25 Section 3c-1, the elected commissioners shall publicly, by |
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389 | | - | 1 lot, divide themselves into 2 groups, as equal in size as |
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390 | | - | 2 possible. Commissioners from the first group shall serve for |
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391 | | - | 3 terms of 2, 4, and 4 years, and commissioners from the second |
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392 | | - | 4 group shall serve terms of 4, 4, and 2 years. The president of |
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393 | | - | 5 the board of commissioners of the forest preserve district |
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394 | | - | 6 shall be elected by the voters of the county, rather than by |
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395 | | - | 7 the commissioners. The president shall be a resident of the |
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396 | | - | 8 county and shall be elected throughout the county for a 4-year |
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397 | | - | 9 term without having been first elected as commissioner of the |
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398 | | - | 10 forest preserve district. Each commissioner shall be a |
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399 | | - | 11 resident of the forest preserve board district from which the |
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400 | | - | 12 commissioner he or she was elected not later than the date of |
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401 | | - | 13 the commencement of the term of office. The term of office for |
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402 | | - | 14 the president and commissioners elected under this Section |
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403 | | - | 15 shall commence on the first Monday of the month following the |
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404 | | - | 16 month of election. Neither a commissioner nor the president of |
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405 | | - | 17 the board of commissioners of that forest preserve district |
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406 | | - | 18 shall serve simultaneously as member or chairman of the county |
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407 | | - | 19 board. No person shall seek election to both the forest |
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408 | | - | 20 preserve commission and the county board at the same election, |
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409 | | - | 21 nor shall they be eligible to hold both offices at the same |
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410 | | - | 22 time. The president, with the advice and consent of the board |
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411 | | - | 23 of commissioners shall appoint a secretary, treasurer, and |
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412 | | - | 24 such other officers as deemed necessary by the board of |
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413 | | - | 25 commissioners, which officers need not be members of the board |
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414 | | - | 26 of commissioners. The president shall have the powers and |
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425 | | - | 1 duties as specified in Section 12 of this Act. |
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426 | | - | 2 Candidates for president and commissioner shall be |
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427 | | - | 3 candidates of established political parties. |
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428 | | - | 4 If a vacancy in the office of president or commissioner |
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429 | | - | 5 occurs, other than by expiration of the president's or |
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430 | | - | 6 commissioner's term, the forest preserve district board of |
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431 | | - | 7 commissioners shall declare that a vacancy exists and |
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432 | | - | 8 notification of the vacancy shall be given to the county |
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433 | | - | 9 central committee of each established political party within 3 |
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434 | | - | 10 business days after the occurrence of the vacancy. If the |
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435 | | - | 11 vacancy occurs in the office of forest preserve district |
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436 | | - | 12 commissioner, the president of the board of commissioners |
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437 | | - | 13 shall, within 60 days after the date of the vacancy, with the |
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438 | | - | 14 advice and consent of other commissioners then serving, |
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439 | | - | 15 appoint a person to serve for the remainder of the unexpired |
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440 | | - | 16 term. The appointee shall be affiliated with the same |
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441 | | - | 17 political party as the commissioner in whose office the |
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442 | | - | 18 vacancy occurred and be a resident of such district. If a |
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443 | | - | 19 vacancy in the office of president occurs, other than by |
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444 | | - | 20 expiration of the president's term, the remaining members of |
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445 | | - | 21 the board of commissioners shall, within 60 days after the |
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446 | | - | 22 vacancy, appoint one of the commissioners to serve as |
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447 | | - | 23 president for the remainder of the unexpired term. In that |
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448 | | - | 24 case, the office of the commissioner who is appointed to serve |
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449 | | - | 25 as president shall be deemed vacant and shall be filled within |
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450 | | - | 26 60 days by appointment of the president with the advice and |
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461 | | - | 1 consent of the other forest preserve district commissioners. |
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462 | | - | 2 The commissioner who is appointed to fill a vacancy in the |
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463 | | - | 3 office of president shall be affiliated with the same |
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464 | | - | 4 political party as the person who occupied the office of |
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465 | | - | 5 president prior to the vacancy. A person appointed to fill a |
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466 | | - | 6 vacancy in the office of president or commissioner shall |
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467 | | - | 7 establish the appointee's his or her party affiliation by the |
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468 | | - | 8 appointee's his or her record of voting in primary elections |
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469 | | - | 9 or by holding or having held an office in an established |
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470 | | - | 10 political party organization before the appointment. If the |
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471 | | - | 11 appointee has not voted in a party primary election or is not |
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472 | | - | 12 holding or has not held an office in an established political |
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473 | | - | 13 party organization before the appointment, the appointee shall |
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474 | | - | 14 establish the appointee's his or her political party |
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475 | | - | 15 affiliation by the appointee's his or her record of |
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476 | | - | 16 participating in an established political party's nomination |
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477 | | - | 17 or election caucus. If, however, more than 28 months remain in |
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478 | | - | 18 the unexpired term of a commissioner or the president, the |
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479 | | - | 19 appointment shall be until the next general election, at which |
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480 | | - | 20 time the vacated office of commissioner or president shall be |
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481 | | - | 21 filled by election for the remainder of the term. |
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482 | | - | 22 Notwithstanding any law to the contrary, if a vacancy occurs |
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483 | | - | 23 after the last day provided in Section 7-12 of the Election |
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484 | | - | 24 Code for filing nomination papers for the office of president |
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485 | | - | 25 of a forest preserve district where that office is elected as |
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486 | | - | 26 provided for in this Section, or as set forth in Section 7-61 |
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487 | | - | |
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497 | | - | 1 of the Election Code, a vacancy in nomination shall be filled |
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498 | | - | 2 by the passage of a resolution by the nominating committee of |
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499 | | - | 3 the affected political party within the time periods specified |
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500 | | - | 4 in the Election Code. The nominating committee shall consist |
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501 | | - | 5 of the chairman of the county central committee and the |
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502 | | - | 6 township chairmen of the affected political party. All other |
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503 | | - | 7 vacancies in nomination shall be filled in accordance with the |
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504 | | - | 8 provisions of the Election Code. |
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505 | | - | 9 The president and commissioners elected under this Section |
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506 | | - | 10 may be reimbursed for their reasonable expenses actually |
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507 | | - | 11 incurred in performing their official duties under this Act in |
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508 | | - | 12 accordance with the provisions of Section 3a. The |
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509 | | - | 13 reimbursement paid under this Section shall be paid by the |
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510 | | - | 14 forest preserve district. |
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511 | | - | 15 Compensation for the president and the forest preserve |
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512 | | - | 16 commissioners elected under this Section shall be established |
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513 | | - | 17 by the board of commissioners of the forest preserve district. |
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514 | | - | 18 This Section does not apply to a forest preserve district |
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515 | | - | 19 created under Section 18.5 of the Conservation District Act. |
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516 | | - | 20 (Source: P.A. 102-668, eff. 11-15-21; 103-600, eff. 7-1-24.) |
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517 | | - | 21 (70 ILCS 805/3d) |
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518 | | - | 22 Sec. 3d. Elected board of commissioners in certain other |
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519 | | - | 23 counties. If the boundaries of a district are co-extensive |
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520 | | - | 24 with the boundaries of a county having a population of more |
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521 | | - | 25 than 200,000 but less than 800,000, bordering the State of |
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522 | | - | |
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523 | | - | |
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524 | | - | |
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525 | | - | |
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526 | | - | |
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527 | | - | HB0032 Engrossed - 15 - LRB104 05560 RTM 15590 b |
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528 | | - | |
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529 | | - | |
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530 | | - | HB0032 Engrossed- 16 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 16 - LRB104 05560 RTM 15590 b |
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531 | | - | HB0032 Engrossed - 16 - LRB104 05560 RTM 15590 b |
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532 | | - | 1 Wisconsin but not adjoining any county with a population of |
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533 | | - | 2 over 2,000,000, all commissioners of the forest preserve |
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534 | | - | 3 district shall be elected at large by the voters of the county, |
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535 | | - | 4 beginning with the general election held in 2010 and each |
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536 | | - | 5 succeeding general election. Nomination of candidates for the |
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537 | | - | 6 office of commissioner at the initial and each succeeding |
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538 | | - | 7 election shall be made by petition signed in the aggregate for |
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539 | | - | 8 each candidate by not less than 100 qualified voters of the |
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540 | | - | 9 forest preserve district. Seven commissioners shall be |
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541 | | - | 10 elected, with candidates receiving the highest, |
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542 | | - | 11 second-highest, and third-highest number of votes being |
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543 | | - | 12 elected for 6-year terms. Candidates receiving the |
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544 | | - | 13 fourth-highest and fifth-highest number of votes shall be |
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545 | | - | 14 elected for 4-year terms. Candidates receiving the |
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546 | | - | 15 sixth-highest and seventh-highest number of votes shall be |
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547 | | - | 16 elected for 2-year terms. Thereafter, each commissioner shall |
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548 | | - | 17 be elected for a 6-year term. |
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549 | | - | 18 After each general election, the forest preserve district |
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550 | | - | 19 commissioners shall elect a president from among their members |
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551 | | - | 20 for a 2-year term. |
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552 | | - | 21 Each commissioner shall be a resident of the county from |
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553 | | - | 22 which the commissioner he or she was elected no later than the |
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554 | | - | 23 date of the commencement of the term of office. The term of |
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555 | | - | 24 office for the president and commissioners elected under this |
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556 | | - | 25 Section shall commence on the first Monday of the month |
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557 | | - | 26 following the month of election. |
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558 | | - | |
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559 | | - | |
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560 | | - | |
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561 | | - | |
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562 | | - | |
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563 | | - | HB0032 Engrossed - 16 - LRB104 05560 RTM 15590 b |
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564 | | - | |
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565 | | - | |
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566 | | - | HB0032 Engrossed- 17 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 17 - LRB104 05560 RTM 15590 b |
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567 | | - | HB0032 Engrossed - 17 - LRB104 05560 RTM 15590 b |
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568 | | - | 1 Neither a commissioner nor the president of the board of |
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569 | | - | 2 commissioners shall serve simultaneously in any other elective |
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570 | | - | 3 or appointive office in the county. The president, with the |
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571 | | - | 4 advice and consent of the board of commissioners, shall |
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572 | | - | 5 appoint a secretary, treasurer, and any other officer deemed |
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573 | | - | 6 necessary by the board of commissioners. The officers need not |
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574 | | - | 7 be members of the board of commissioners. The president shall |
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575 | | - | 8 have the powers and duties as set forth in Section 12 of this |
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576 | | - | 9 Act. |
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577 | | - | 10 Candidates for commissioner shall not be candidates of |
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578 | | - | 11 established political parties, but shall be non-partisan. |
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579 | | - | 12 If a vacancy in the office of president or commissioner |
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580 | | - | 13 occurs, other than by expiration of the president's or a |
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581 | | - | 14 commissioner's term, the forest preserve district board of |
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582 | | - | 15 commissioners shall declare that a vacancy exists, and the |
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583 | | - | 16 board of commissioners shall, within 60 days after the date of |
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584 | | - | 17 the vacancy, upon the majority vote of the commissioners then |
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585 | | - | 18 serving, elect a person to serve for the remainder of the |
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586 | | - | 19 unexpired term. If, however, more than 28 months remain in the |
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587 | | - | 20 unexpired term of a commissioner, at the time of appointment, |
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588 | | - | 21 the appointment shall be until the next general election, at |
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589 | | - | 22 which time the vacated office of commissioner shall be filled |
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590 | | - | 23 by election for the remainder of the term. All other vacancies |
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591 | | - | 24 in nomination shall be filled in accordance with the |
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592 | | - | 25 provisions of the Election Code. |
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593 | | - | 26 The president and commissioners elected under this Section |
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594 | | - | |
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595 | | - | |
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596 | | - | |
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597 | | - | |
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598 | | - | |
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599 | | - | HB0032 Engrossed - 17 - LRB104 05560 RTM 15590 b |
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600 | | - | |
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601 | | - | |
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602 | | - | HB0032 Engrossed- 18 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 18 - LRB104 05560 RTM 15590 b |
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603 | | - | HB0032 Engrossed - 18 - LRB104 05560 RTM 15590 b |
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604 | | - | 1 shall serve without compensation. The president and |
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605 | | - | 2 commissioners may be reimbursed for their reasonable expenses |
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606 | | - | 3 actually incurred in performing their official duties under |
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607 | | - | 4 this Act in accordance with the provisions of Section 3a. The |
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608 | | - | 5 cost of reimbursement under this Section shall be paid by the |
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609 | | - | 6 forest preserve district. |
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610 | | - | 7 This Section does not apply to a forest preserve district |
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611 | | - | 8 created under Section 18.5 of the Conservation District Act. |
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612 | | - | 9 (Source: P.A. 96-239, eff. 8-11-09.) |
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613 | | - | 10 (70 ILCS 805/12) (from Ch. 96 1/2, par. 6322) |
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614 | | - | 11 Sec. 12. The president of the board of any district |
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615 | | - | 12 organized hereunder, shall preside at all meetings of the |
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616 | | - | 13 board, be the executive officer of the district, and be a |
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617 | | - | 14 member of the board. The president He shall sign all |
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618 | | - | 15 ordinances, resolutions and other papers necessary to be |
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619 | | - | 16 signed and shall execute all contracts entered into by the |
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620 | | - | 17 district and perform other duties as may be prescribed by |
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621 | | - | 18 ordinance. The president He may veto any ordinance and any |
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622 | | - | 19 orders, resolutions and actions, or any items therein |
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623 | | - | 20 contained, of the board which provide for the purchase of real |
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624 | | - | 21 estate, or for the construction of improvements within the |
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625 | | - | 22 preserves of the district. Such veto shall be filed with the |
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626 | | - | 23 secretary of the board within 5 days after the passage of the |
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627 | | - | 24 ordinance, order, resolution or action and when so vetoed the |
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628 | | - | 25 ordinance, order, resolution or action or any item therein |
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629 | | - | |
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630 | | - | |
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631 | | - | |
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632 | | - | |
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633 | | - | |
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634 | | - | HB0032 Engrossed - 18 - LRB104 05560 RTM 15590 b |
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635 | | - | |
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636 | | - | |
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637 | | - | HB0032 Engrossed- 19 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 19 - LRB104 05560 RTM 15590 b |
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638 | | - | HB0032 Engrossed - 19 - LRB104 05560 RTM 15590 b |
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639 | | - | 1 contained is not effective unless it is again passed by |
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640 | | - | 2 two-thirds vote of all the members of the board. The president |
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641 | | - | 3 may vote in the same manner as the other members of the board. |
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642 | | - | 4 In the temporary absence or inability of the president, the |
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643 | | - | 5 members of the board may elect from their own number a |
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644 | | - | 6 president, pro tem. |
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645 | | - | 7 The "Yeas" and "Nays" shall be taken, and entered on the |
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646 | | - | 8 journal of the board's proceedings, upon the passage of all |
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647 | | - | 9 ordinances and all proposals to create any liability, or for |
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648 | | - | 10 the expenditure or appropriation of money. The concurrence of |
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649 | | - | 11 a majority of all the members elected or appointed to the board |
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650 | | - | 12 is necessary to the passage of any such ordinance or proposal. |
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651 | | - | 13 In all other cases the "Yeas" and "Nays" shall be taken at the |
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652 | | - | 14 request of any member of the board and shall be entered on the |
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653 | | - | 15 journal of the board's proceedings. |
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654 | | - | 16 (Source: P.A. 91-933, eff. 12-30-00.) |
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655 | | - | 17 Section 20. The Child Labor Law of 2024 is amended by |
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656 | | - | 18 changing Sections 20 and 35 as follows: |
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657 | | - | 19 (820 ILCS 206/20) |
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658 | | - | 20 Sec. 20. Exemptions. |
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659 | | - | 21 (a) Nothing in this Act applies to the work of a minor |
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660 | | - | 22 engaged in agricultural pursuits, except that no minor under |
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661 | | - | 23 12 years of age, except members of the farmer's own family who |
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662 | | - | 24 live with the farmer at his principal place of residence, at |
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663 | | - | |
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664 | | - | |
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665 | | - | |
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666 | | - | |
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667 | | - | |
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668 | | - | HB0032 Engrossed - 19 - LRB104 05560 RTM 15590 b |
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669 | | - | |
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670 | | - | |
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671 | | - | HB0032 Engrossed- 20 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 20 - LRB104 05560 RTM 15590 b |
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672 | | - | HB0032 Engrossed - 20 - LRB104 05560 RTM 15590 b |
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673 | | - | 1 any time shall be employed, allowed, or permitted to work in |
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674 | | - | 2 any gainful occupation in connection with agriculture, except |
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675 | | - | 3 that any minor of 10 years of age or older shall be permitted |
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676 | | - | 4 to work in a gainful occupation in connection with agriculture |
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677 | | - | 5 during school vacations or outside of school hours. |
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678 | | - | 6 (b) Nothing in this Act applies to the work of a minor |
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679 | | - | 7 engaged in the sale and distribution of magazines and |
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680 | | - | 8 newspapers outside of school hours. |
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681 | | - | 9 (c) Nothing in this Act applies a minor's performance of |
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682 | | - | 10 household chores or babysitting outside of school hours if |
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683 | | - | 11 that work is performed in or about a private residence and not |
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684 | | - | 12 in connection with an established business, trade, or |
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685 | | - | 13 profession of the person employing, allowing, or permitting |
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686 | | - | 14 the minor to perform the activities. |
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687 | | - | 15 (d) Nothing in this Act applies to the work of a minor 13 |
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688 | | - | 16 years of age or older in caddying at a golf course. |
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689 | | - | 17 (e) Nothing in this Act applies to a minor 14 or 15 years |
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690 | | - | 18 of age who is, under the direction of the minor's school, |
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691 | | - | 19 participating in work-based learning programs in accordance |
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692 | | - | 20 with the School Code. |
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693 | | - | 21 (f) Nothing in this Act prohibits an employer from |
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694 | | - | 22 employing, allowing, or permitting a minor 12 or 13 years of |
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695 | | - | 23 age to work as an officiant or an assistant instructor of youth |
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696 | | - | 24 sports activities for a not-for-profit youth club, park |
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697 | | - | 25 district, township parks and recreation department, or |
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698 | | - | 26 municipal parks and recreation department if the employer |
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699 | | - | |
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700 | | - | |
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701 | | - | |
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702 | | - | |
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703 | | - | |
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704 | | - | HB0032 Engrossed - 20 - LRB104 05560 RTM 15590 b |
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705 | | - | |
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706 | | - | |
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707 | | - | HB0032 Engrossed- 21 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 21 - LRB104 05560 RTM 15590 b |
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708 | | - | HB0032 Engrossed - 21 - LRB104 05560 RTM 15590 b |
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709 | | - | 1 obtains certification as provided for in Section 55 and: |
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710 | | - | 2 (1) the parent or guardian of the minor who is working |
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711 | | - | 3 as an officiant or an assistant instructor, or an adult |
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712 | | - | 4 designated by the parent or guardian, shall be present at |
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713 | | - | 5 the youth sports activity while the minor is working; |
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714 | | - | 6 (2) the minor may work as an officiant or an assistant |
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715 | | - | 7 instructor for a maximum of 3 hours per day on school days |
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716 | | - | 8 and a maximum of 4 hours per day on non-school days; |
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717 | | - | 9 (3) the minor shall not exceed 10 hours of officiating |
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718 | | - | 10 and working as assistant instructor in any week; |
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719 | | - | 11 (4) the minor shall not work later than 9:00 p.m. on |
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720 | | - | 12 any day of the week; and |
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721 | | - | 13 (5) the participants in the youth sports activity are |
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722 | | - | 14 at least 3 years younger than the minor unless an |
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723 | | - | 15 individual 16 years of age or older is officiating or |
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724 | | - | 16 instructing the same youth sports activity with the minor. |
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725 | | - | 17 The failure to satisfy the requirements of this subsection |
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726 | | - | 18 may result in the revocation of the minor's employment |
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727 | | - | 19 certificate. |
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728 | | - | 20 (Source: P.A. 103-721, eff. 1-1-25.) |
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729 | | - | 21 (820 ILCS 206/35) |
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730 | | - | 22 Sec. 35. Employer requirements. |
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731 | | - | 23 (a) It shall be unlawful for any person to employ, allow, |
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732 | | - | 24 or permit any minor to work unless the minor obtains an |
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733 | | - | 25 employment certificate authorizing the minor to work for that |
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734 | | - | |
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735 | | - | |
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736 | | - | |
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737 | | - | |
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738 | | - | |
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740 | | - | |
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741 | | - | |
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743 | | - | HB0032 Engrossed - 22 - LRB104 05560 RTM 15590 b |
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744 | | - | 1 person. Any person seeking to employ, allow, or permit any |
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745 | | - | 2 minor to work shall provide that minor with a notice of |
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746 | | - | 3 intention to employ to be submitted by the minor to the minor's |
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747 | | - | 4 school issuing officer with the minor's application for an |
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748 | | - | 5 employment certificate. |
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749 | | - | 6 (b) Every employer of one or more minors shall maintain, |
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750 | | - | 7 on the premises where the work is being done, records that |
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751 | | - | 8 include the name, date of birth, and place of residence of |
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752 | | - | 9 every minor who works for that employer, notice of intention |
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753 | | - | 10 to employ the minor, and the minor's employment certificate. |
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754 | | - | 11 Authorized officers and employees of the Department, truant |
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755 | | - | 12 officers, and other school officials charged with the |
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756 | | - | 13 enforcement of school attendance requirements described in |
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757 | | - | 14 Section 26-1 of the School Code may inspect the records |
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758 | | - | 15 without notice at any time. |
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759 | | - | 16 (c) Every employer of minors shall ensure that all minors |
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760 | | - | 17 are supervised by an adult 21 years of age or older, on site, |
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761 | | - | 18 at all times while the minor is working. This requirement does |
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762 | | - | 19 not apply with respect to: (i) any minor working for a park |
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763 | | - | 20 district, a township parks and recreation department, or a |
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764 | | - | 21 municipal parks and recreation department who is supervised by |
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765 | | - | 22 an adult 18 years of age or older who is an employee of the |
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766 | | - | 23 park district, the township parks and recreation department, |
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767 | | - | 24 or the municipal parks and recreation department and no |
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768 | | - | 25 alcohol or tobacco is being sold on site; or (ii) any minor |
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769 | | - | 26 working as an officiant of youth sports activities if an adult |
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770 | | - | |
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771 | | - | |
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772 | | - | |
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773 | | - | |
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774 | | - | |
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776 | | - | |
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777 | | - | |
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778 | | - | HB0032 Engrossed- 23 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 23 - LRB104 05560 RTM 15590 b |
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779 | | - | HB0032 Engrossed - 23 - LRB104 05560 RTM 15590 b |
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780 | | - | 1 21 years of age or older who is an employee of the park |
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781 | | - | 2 district, the township parks and recreation department, or the |
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782 | | - | 3 municipal parks and recreation department is on call. |
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783 | | - | 4 (d) No person shall employ, allow, or permit any minor to |
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784 | | - | 5 work for more than 5 hours continuously without an interval of |
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785 | | - | 6 at least 30 minutes for a meal period. No period of less than |
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786 | | - | 7 30 minutes shall be deemed to interrupt a continuous period of |
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787 | | - | 8 work. |
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788 | | - | 9 (e) Every employer who employs one or more minors shall |
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789 | | - | 10 post in a conspicuous place where minors are employed, |
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790 | | - | 11 allowed, or permitted to work, a notice summarizing the |
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791 | | - | 12 requirements of this Act, including a list of the occupations |
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792 | | - | 13 prohibited to minors and the Department's toll free telephone |
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793 | | - | 14 number described in Section 85. An employer with employees who |
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794 | | - | 15 do not regularly report to a physical workplace, such as |
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795 | | - | 16 employees who work remotely or travel for work, shall also |
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796 | | - | 17 provide the summary and notice by email to its employees or |
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797 | | - | 18 conspicuous posting on the employer's website or intranet |
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798 | | - | 19 site, if the site is regularly used by the employer to |
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799 | | - | 20 communicate work-related information to employees and is able |
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800 | | - | 21 to be regularly accessed by all employees, freely and without |
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801 | | - | 22 interference. The notice shall be furnished by the Department. |
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802 | | - | 23 (f) Every employer, during the period of employment of a |
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803 | | - | 24 minor and for 3 years thereafter, shall keep on file, at the |
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804 | | - | 25 place of employment, a copy of the employment certificate |
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805 | | - | 26 issued for the minor. An employment certificate shall be valid |
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806 | | - | |
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807 | | - | |
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808 | | - | |
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809 | | - | |
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810 | | - | |
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811 | | - | HB0032 Engrossed - 23 - LRB104 05560 RTM 15590 b |
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812 | | - | |
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813 | | - | |
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814 | | - | HB0032 Engrossed- 24 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 24 - LRB104 05560 RTM 15590 b |
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815 | | - | HB0032 Engrossed - 24 - LRB104 05560 RTM 15590 b |
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816 | | - | 1 only for the employer for whom it was issued and a new |
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817 | | - | 2 certificate shall not be issued for the employment of a minor |
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818 | | - | 3 except on the presentation of a new statement of intention to |
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819 | | - | 4 employ the minor. The failure of any employer to produce for |
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820 | | - | 5 inspection the employment certificate for each minor in the |
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821 | | - | 6 employer's establishment shall be a violation of this Act. The |
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822 | | - | 7 Department may specify any other record keeping requirements |
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823 | | - | 8 by rule. |
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824 | | - | 9 (g) In the event of the work-related death of a minor |
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825 | | - | 10 engaged in work subject to this Act, the employer shall, |
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826 | | - | 11 within 24 hours, report the death to the Department and to the |
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827 | | - | 12 school official who issued the minor's work certificate for |
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828 | | - | 13 that employer. In the event of a work-related injury or |
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829 | | - | 14 illness of a minor that requires the employer to file a report |
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830 | | - | 15 with the Illinois Workers' Compensation Commission under |
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831 | | - | 16 Section 6 of the Workers' Compensation Act or Section 6 of the |
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832 | | - | 17 Workers' Occupational Diseases Act, the employer shall submit |
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833 | | - | 18 a copy of the report to the Department and to the school |
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834 | | - | 19 official who issued the minor's work certificate for that |
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835 | | - | 20 employer within 72 hours of the deadline by which the employer |
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836 | | - | 21 must file the report to the Illinois Workers' Compensation |
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837 | | - | 22 Commission. The report shall be subject to the confidentiality |
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838 | | - | 23 provisions of Section 6 of the Workers' Compensation Act or |
---|
839 | | - | 24 Section 6 of the Workers' Occupational Diseases Act. |
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840 | | - | 25 (Source: P.A. 103-721, eff. 1-1-25; 103-1062, eff. 2-7-25.) |
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841 | | - | 26 Section 99. Effective date. This Act takes effect upon |
---|
842 | | - | |
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843 | | - | |
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844 | | - | |
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845 | | - | |
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846 | | - | |
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847 | | - | HB0032 Engrossed - 24 - LRB104 05560 RTM 15590 b |
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848 | | - | |
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849 | | - | |
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850 | | - | HB0032 Engrossed- 25 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 25 - LRB104 05560 RTM 15590 b |
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851 | | - | HB0032 Engrossed - 25 - LRB104 05560 RTM 15590 b |
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852 | | - | 1 becoming law. |
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853 | | - | |
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854 | | - | |
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855 | | - | |
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856 | | - | |
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857 | | - | |
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858 | | - | HB0032 Engrossed - 25 - LRB104 05560 RTM 15590 b |
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