HB0032 EngrossedLRB104 05560 RTM 15590 b HB0032 Engrossed LRB104 05560 RTM 15590 b
HB0032 Engrossed LRB104 05560 RTM 15590 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Open Meetings Act is amended by changing
5 Section 2.02 as follows:
6 (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
7 Sec. 2.02. Public notice of all meetings, whether open or
8 closed to the public, shall be given as follows:
9 (a) Every public body shall give public notice of the
10 schedule of regular meetings at the beginning of each calendar
11 or fiscal year and shall state the regular dates, times, and
12 places of such meetings. An agenda for each regular meeting
13 shall be posted at the principal office of the public body and
14 at the location where the meeting is to be held at least 48
15 hours in advance of the holding of the meeting. A public body
16 that has a website that the full-time staff of the public body
17 maintains shall also post on its website the agenda of any
18 regular meetings of the governing body of that public body.
19 Any agenda of a regular meeting that is posted on a public
20 body's website shall remain posted on the website until the
21 regular meeting is concluded. The requirement of a regular
22 meeting agenda shall not preclude the consideration of items
23 not specifically set forth in the agenda. Public notice of any
HB0032 Engrossed LRB104 05560 RTM 15590 b
HB0032 Engrossed- 2 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 2 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 2 - LRB104 05560 RTM 15590 b
1 special meeting except a meeting held in the event of a bona
2 fide emergency, or of any rescheduled regular meeting, or of
3 any reconvened meeting, shall be given at least 48 hours
4 before such meeting, which notice shall also include the
5 agenda for the special, rescheduled, or reconvened meeting,
6 but the validity of any action taken by the public body which
7 is germane to a subject on the agenda shall not be affected by
8 other errors or omissions in the agenda. For the purposes of
9 this Section, "bona fide emergency" includes the appointment
10 of a temporary deputy township supervisor under the Township
11 Code. The requirement of public notice of reconvened meetings
12 does not apply to any case where the meeting was open to the
13 public and (1) it is to be reconvened within 24 hours, or (2)
14 an announcement of the time and place of the reconvened
15 meeting was made at the original meeting and there is no change
16 in the agenda. Notice of an emergency meeting shall be given as
17 soon as practicable, but in any event prior to the holding of
18 such meeting, to any news medium which has filed an annual
19 request for notice under subsection (b) of this Section.
20 (b) Public notice shall be given by posting a copy of the
21 notice at the principal office of the body holding the meeting
22 or, if no such office exists, at the building in which the
23 meeting is to be held. In addition, a public body that has a
24 website that the full-time staff of the public body maintains
25 shall post notice on its website of all meetings of the
26 governing body of the public body. Any notice of an annual
HB0032 Engrossed - 2 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 3 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 3 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 3 - LRB104 05560 RTM 15590 b
1 schedule of meetings shall remain on the website until a new
2 public notice of the schedule of regular meetings is approved.
3 Any notice of a regular meeting that is posted on a public
4 body's website shall remain posted on the website until the
5 regular meeting is concluded. The body shall supply copies of
6 the notice of its regular meetings, and of the notice of any
7 special, emergency, rescheduled or reconvened meeting, to any
8 news medium that has filed an annual request for such notice.
9 Any such news medium shall also be given the same notice of all
10 special, emergency, rescheduled or reconvened meetings in the
11 same manner as is given to members of the body provided such
12 news medium has given the public body an address or telephone
13 number within the territorial jurisdiction of the public body
14 at which such notice may be given. The failure of a public body
15 to post on its website notice of any meeting or the agenda of
16 any meeting shall not invalidate any meeting or any actions
17 taken at a meeting.
18 (c) Any agenda required under this Section shall set forth
19 the general subject matter of any resolution or ordinance that
20 will be the subject of final action at the meeting. The public
21 body conducting a public meeting shall ensure that at least
22 one copy of any requested notice and agenda for the meeting is
23 continuously available for public review during the entire
24 48-hour period preceding the meeting. Posting of the notice
25 and agenda on a website that is maintained by the public body
26 satisfies the requirement for continuous posting under this
HB0032 Engrossed - 3 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 4 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 4 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 4 - LRB104 05560 RTM 15590 b
1 subsection (c). If a notice or agenda is not continuously
2 available for the full 48-hour period due to actions outside
3 of the control of the public body, then that lack of
4 availability does not invalidate any meeting or action taken
5 at a meeting.
6 (Source: P.A. 97-827, eff. 1-1-13.)
7 Section 10. The Township Code is amended by changing
8 Section 60-5 as follows:
9 (60 ILCS 1/60-5)
10 Sec. 60-5. Filling vacancies in township offices.
11 (a) Except for the office of township or multi-township
12 assessor, if a township fails to elect the number of township
13 officers that the township is entitled to by law, or a person
14 elected to any township office fails to qualify, or a vacancy
15 in any township office occurs for any other reason including
16 without limitation the resignation of an officer or the
17 conviction in any court of the State of Illinois or of the
18 United States of an officer for an infamous crime, then the
19 township board shall fill the vacancy by appointment, by
20 warrant under their signatures and seals, and the persons so
21 appointed shall hold their respective offices for the
22 remainder of the unexpired terms. All persons so appointed
23 shall have the same powers and duties and are subject to the
24 same penalties as if they had been elected or appointed for a
HB0032 Engrossed - 4 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 5 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 5 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 5 - LRB104 05560 RTM 15590 b
1 full term of office. A vacancy in the office of township or
2 multi-township assessor shall be filled only as provided in
3 the Property Tax Code.
4 For purposes of this subsection (a), a conviction for an
5 offense that disqualifies an officer from holding that office
6 occurs on the date of (i) the entry of a plea of guilty in
7 court, (ii) the return of a guilty verdict, or (iii) in the
8 case of a trial by the court, the entry of a finding of guilt.
9 (b) If a vacancy on the township board is not filled within
10 60 days, then a special township meeting must be called under
11 Section 35-5 to select a replacement under Section 35-35.
12 (b-5) If the vacancy being filled under subsection (a) or
13 (b) is for the township supervisor, a trustee shall be
14 appointed as deputy supervisor to perform the ministerial
15 functions of that office until the vacancy is filled under
16 subsections (a) or (b). Once the vacancy is filled under
17 subsections (a) or (b), the deputy supervisor's appointment is
18 terminated.
19 (c) Except as otherwise provided in this Section, whenever
20 any township or multi-township office becomes vacant or
21 temporarily vacant, the township or multi-township board may
22 temporarily appoint a deputy to perform the ministerial
23 functions of the vacant office until the vacancy has been
24 filled as provided in subsection (a) or (b). If the office is
25 temporarily vacant, the temporarily appointed deputy may
26 perform the ministerial functions of the vacant office until
HB0032 Engrossed - 5 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 6 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 6 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 6 - LRB104 05560 RTM 15590 b
1 the township officer submits a written statement to the
2 appropriate board that he or she is able to resume his or her
3 duties. For the purposes of this Section, "ministerial
4 functions" includes, but is not limited to, serving as the ex
5 officio supervisor of general assistance in the township and
6 administering the general assistance program under Articles
7 VI, XI, and XII of the Illinois Public Aid Code. The statement
8 shall be sworn to before an officer authorized to administer
9 oaths in this State. A temporary deputy shall not be permitted
10 to vote at any meeting of the township board on any matter
11 properly before the board unless the appointed deputy is a
12 trustee of the board at the time of the vote. If the appointed
13 deputy is a trustee appointed as a temporary deputy, his or her
14 trustee compensation shall be suspended until he or she
15 concludes his or her appointment as an appointed deputy upon
16 the permanent appointment to fill the vacancy. The
17 compensation of a temporary deputy shall be determined by the
18 appropriate board. The township board shall not appoint a
19 deputy clerk if the township clerk has appointed a deputy
20 clerk under Section 75-45.
21 (d) Except for the temporary appointment of a deputy under
22 subsection (c), any person appointed to fill a vacancy under
23 this Section shall be a member of the same political party as
24 the person vacating the office if the person vacating the
25 office was elected as a member of an established political
26 party, under Section 10-2 of the Election Code, that is still
HB0032 Engrossed - 6 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 7 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 7 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 7 - LRB104 05560 RTM 15590 b
1 in existence at the time of appointment. The appointee shall
2 establish his or her political party affiliation by his or her
3 record of voting in party primary elections or by holding or
4 having held an office in a political party organization before
5 appointment. If the appointee has not voted in a party primary
6 election or is not holding or has not held an office in a
7 political party organization before the appointment, then the
8 appointee shall establish his or her political party
9 affiliation by his or her record of participating in a
10 political party's nomination or election caucus.
11 (Source: P.A. 101-104, eff. 7-19-19.)
12 Section 15. The Downstate Forest Preserve District Act is
13 amended by changing Sections 3a, 3c, 3d, and 12 as follows:
14 (70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305)
15 Sec. 3a. Except as otherwise provided in this Section, and
16 except as provided in Section 3c, 3d, and 3.5, the affairs of
17 the district shall be managed by a board of commissioners
18 consisting of 5 commissioners, who shall be appointed by the
19 presiding officer of the county board of the county in which
20 such forest preserve district is situated, with the advice and
21 consent of such county board. The first appointment shall be
22 made within 90 days and not sooner than 60 days after such
23 forest preserve district has been organized as provided
24 herein. Each member of such board so appointed shall be a legal
HB0032 Engrossed - 7 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 8 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 8 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 8 - LRB104 05560 RTM 15590 b
1 voter in such district. The first commissioners shall be
2 appointed to hold office for terms of one, 2, 3, 4, and 5
3 years, and until June 30 thereafter, respectively, as
4 determined and fixed by lot. Thereafter, successor
5 commissioners shall be appointed in the same manner no later
6 than the first day of the month in which the term of a
7 commissioner expires. Except as provided in Section 3c and 3d,
8 a vacancy occurring otherwise than by expiration of term shall
9 be filled for the unexpired term by appointment of a
10 commissioner by the county board chairman with the advice and
11 consent of the members of the county board. In the one district
12 in existence on July 1, 1977, that is managed by an appointed
13 board of commissioners, the incumbent 5 commissioners shall
14 complete their respective terms as originally prescribed in
15 this Act. However, upon the expiration of the terms of 2 of the
16 incumbent commissioners on January 1, 1978, they or their
17 successors shall be appointed to hold office for terms of 3 and
18 5 years, and until June 30 thereafter, respectively, as
19 determined and fixed by lot. Furthermore, upon the expiration
20 of the terms of the remaining incumbent commissioners on
21 January 1, 1980, they or their successors shall be appointed
22 to hold office for terms of 2, 4, and 5 years, and until June
23 30 thereafter, respectively, as determined and fixed by lot.
24 Thereafter, each successor commissioner shall be appointed for
25 a term of 5 years. Each member of the board before entering
26 upon the duties of the his office shall take the oath
HB0032 Engrossed - 8 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 9 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 9 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 9 - LRB104 05560 RTM 15590 b
1 prescribed by the constitution. From the time of the
2 appointment of the first board of commissioners, such forest
3 preserve district shall be construed in all courts to be a body
4 corporate and politic by the name and style determined as
5 aforesaid and by such name may sue and be sued, contract and be
6 contracted with, acquire and hold real and personal estate
7 necessary for its corporate purposes and adopt a seal and
8 alter the same at its pleasure.
9 In case the boundaries of a district are co-extensive with
10 the boundaries of any county, city, village, incorporated town
11 or sanitary district, the corporate authorities of such county
12 (until the commissioners elected under Section 3c and 3d take
13 office), city, village, incorporated town or sanitary district
14 shall have and exercise the powers and privileges and perform
15 the duties and functions of the commissioners provided for in
16 this Act and in that case no commissioner shall be appointed
17 for that district. The corporate authorities, other than
18 members of a county board in counties under township
19 organization having a population of less than 3,000,000 and
20 members of a county board in a county not under township
21 organization who were elected prior to July 1, 1965, shall act
22 without any other pay than that already provided by law. The
23 members of a county board of a county under township
24 organization and members of a county board of a county not
25 under township organization who were elected prior to July 1,
26 1965, who also act as commissioners of a forest preserve
HB0032 Engrossed - 9 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 10 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 10 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 10 - LRB104 05560 RTM 15590 b
1 district in counties having a population of less than
2 3,000,000 may receive for their services as commissioners of a
3 forest preserve district a per diem fee to be fixed by such
4 board, but not to exceed $36 per day, which shall be in full
5 for all services rendered on such day, or an annual salary to
6 be fixed by such board, but not to exceed $3,000, plus mileage
7 expenses at a rate not more than the amount allowed for members
8 of the county board of such county, as fixed by the board, for
9 each mile necessarily traveled in attending meetings of the
10 board of such district, plus any expense incurred while, or in
11 connection with, carrying out the business of such district
12 outside the boundaries of such district, payable from the
13 forest preserve district treasury. The president of the Board
14 of Commissioners of the Forest Preserve District in counties
15 of less than 3 million may receive in lieu of a per diem fee an
16 annual salary to be fixed by such board. No Forest Preserve
17 Commissioner shall file for a per diem payment for services
18 rendered on the same day for which the commissioner he filed
19 for a per diem payment as a county supervisor. When the county
20 board also acts as such commissioners, a member of the county
21 board of a county under township organization and a member of
22 the county board of a county not under township organization,
23 who is elected prior to July 1, 1965 may, with the permission
24 of the county board, work alone as such a commissioner and be
25 paid in the usual manner.
26 Unless otherwise qualified, the term "board", when used in
HB0032 Engrossed - 10 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 11 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 11 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 11 - LRB104 05560 RTM 15590 b
1 this Act, means the board of commissioners of any forest
2 preserve district, or the corporate authorities of any county,
3 city, village, incorporated town, or sanitary district, when
4 acting as the governing body of a forest preserve district.
5 (Source: P.A. 96-239, eff. 8-11-09.)
6 (70 ILCS 805/3c)
7 Sec. 3c. Elected board of commissioners in certain
8 counties. If the boundaries of a district are co-extensive
9 with the boundaries of a county having a population of more
10 than 800,000 but less than 3,000,000, all commissioners of the
11 forest preserve district shall be elected from the number of
12 districts as determined by the forest preserve district board
13 of commissioners. Such a forest preserve district is a
14 separate and distinct legal entity, and its board members are
15 elected separate and apart from the elected county
16 commissioners. Upon its formation, or as a result of decennial
17 reapportionment, such a forest preserve district shall adopt a
18 district map determining the boundary lines of each district.
19 That map shall be adjusted and reapportioned subject to the
20 same decennial reapportionment process stated in Section 3c-1.
21 No more than one commissioner shall be elected from each
22 district. At their first meeting after election in 2022 and at
23 their first meeting after election next following each
24 subsequent decennial reapportionment of the county under
25 Section 3c-1, the elected commissioners shall publicly, by
HB0032 Engrossed - 11 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 12 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 12 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 12 - LRB104 05560 RTM 15590 b
1 lot, divide themselves into 2 groups, as equal in size as
2 possible. Commissioners from the first group shall serve for
3 terms of 2, 4, and 4 years, and commissioners from the second
4 group shall serve terms of 4, 4, and 2 years. The president of
5 the board of commissioners of the forest preserve district
6 shall be elected by the voters of the county, rather than by
7 the commissioners. The president shall be a resident of the
8 county and shall be elected throughout the county for a 4-year
9 term without having been first elected as commissioner of the
10 forest preserve district. Each commissioner shall be a
11 resident of the forest preserve board district from which the
12 commissioner he or she was elected not later than the date of
13 the commencement of the term of office. The term of office for
14 the president and commissioners elected under this Section
15 shall commence on the first Monday of the month following the
16 month of election. Neither a commissioner nor the president of
17 the board of commissioners of that forest preserve district
18 shall serve simultaneously as member or chairman of the county
19 board. No person shall seek election to both the forest
20 preserve commission and the county board at the same election,
21 nor shall they be eligible to hold both offices at the same
22 time. The president, with the advice and consent of the board
23 of commissioners shall appoint a secretary, treasurer, and
24 such other officers as deemed necessary by the board of
25 commissioners, which officers need not be members of the board
26 of commissioners. The president shall have the powers and
HB0032 Engrossed - 12 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 13 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 13 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 13 - LRB104 05560 RTM 15590 b
1 duties as specified in Section 12 of this Act.
2 Candidates for president and commissioner shall be
3 candidates of established political parties.
4 If a vacancy in the office of president or commissioner
5 occurs, other than by expiration of the president's or
6 commissioner's term, the forest preserve district board of
7 commissioners shall declare that a vacancy exists and
8 notification of the vacancy shall be given to the county
9 central committee of each established political party within 3
10 business days after the occurrence of the vacancy. If the
11 vacancy occurs in the office of forest preserve district
12 commissioner, the president of the board of commissioners
13 shall, within 60 days after the date of the vacancy, with the
14 advice and consent of other commissioners then serving,
15 appoint a person to serve for the remainder of the unexpired
16 term. The appointee shall be affiliated with the same
17 political party as the commissioner in whose office the
18 vacancy occurred and be a resident of such district. If a
19 vacancy in the office of president occurs, other than by
20 expiration of the president's term, the remaining members of
21 the board of commissioners shall, within 60 days after the
22 vacancy, appoint one of the commissioners to serve as
23 president for the remainder of the unexpired term. In that
24 case, the office of the commissioner who is appointed to serve
25 as president shall be deemed vacant and shall be filled within
26 60 days by appointment of the president with the advice and
HB0032 Engrossed - 13 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 14 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 14 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 14 - LRB104 05560 RTM 15590 b
1 consent of the other forest preserve district commissioners.
2 The commissioner who is appointed to fill a vacancy in the
3 office of president shall be affiliated with the same
4 political party as the person who occupied the office of
5 president prior to the vacancy. A person appointed to fill a
6 vacancy in the office of president or commissioner shall
7 establish the appointee's his or her party affiliation by the
8 appointee's his or her record of voting in primary elections
9 or by holding or having held an office in an established
10 political party organization before the appointment. If the
11 appointee has not voted in a party primary election or is not
12 holding or has not held an office in an established political
13 party organization before the appointment, the appointee shall
14 establish the appointee's his or her political party
15 affiliation by the appointee's his or her record of
16 participating in an established political party's nomination
17 or election caucus. If, however, more than 28 months remain in
18 the unexpired term of a commissioner or the president, the
19 appointment shall be until the next general election, at which
20 time the vacated office of commissioner or president shall be
21 filled by election for the remainder of the term.
22 Notwithstanding any law to the contrary, if a vacancy occurs
23 after the last day provided in Section 7-12 of the Election
24 Code for filing nomination papers for the office of president
25 of a forest preserve district where that office is elected as
26 provided for in this Section, or as set forth in Section 7-61
HB0032 Engrossed - 14 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 15 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 15 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 15 - LRB104 05560 RTM 15590 b
1 of the Election Code, a vacancy in nomination shall be filled
2 by the passage of a resolution by the nominating committee of
3 the affected political party within the time periods specified
4 in the Election Code. The nominating committee shall consist
5 of the chairman of the county central committee and the
6 township chairmen of the affected political party. All other
7 vacancies in nomination shall be filled in accordance with the
8 provisions of the Election Code.
9 The president and commissioners elected under this Section
10 may be reimbursed for their reasonable expenses actually
11 incurred in performing their official duties under this Act in
12 accordance with the provisions of Section 3a. The
13 reimbursement paid under this Section shall be paid by the
14 forest preserve district.
15 Compensation for the president and the forest preserve
16 commissioners elected under this Section shall be established
17 by the board of commissioners of the forest preserve district.
18 This Section does not apply to a forest preserve district
19 created under Section 18.5 of the Conservation District Act.
20 (Source: P.A. 102-668, eff. 11-15-21; 103-600, eff. 7-1-24.)
21 (70 ILCS 805/3d)
22 Sec. 3d. Elected board of commissioners in certain other
23 counties. If the boundaries of a district are co-extensive
24 with the boundaries of a county having a population of more
25 than 200,000 but less than 800,000, bordering the State of
HB0032 Engrossed - 15 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 16 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 16 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 16 - LRB104 05560 RTM 15590 b
1 Wisconsin but not adjoining any county with a population of
2 over 2,000,000, all commissioners of the forest preserve
3 district shall be elected at large by the voters of the county,
4 beginning with the general election held in 2010 and each
5 succeeding general election. Nomination of candidates for the
6 office of commissioner at the initial and each succeeding
7 election shall be made by petition signed in the aggregate for
8 each candidate by not less than 100 qualified voters of the
9 forest preserve district. Seven commissioners shall be
10 elected, with candidates receiving the highest,
11 second-highest, and third-highest number of votes being
12 elected for 6-year terms. Candidates receiving the
13 fourth-highest and fifth-highest number of votes shall be
14 elected for 4-year terms. Candidates receiving the
15 sixth-highest and seventh-highest number of votes shall be
16 elected for 2-year terms. Thereafter, each commissioner shall
17 be elected for a 6-year term.
18 After each general election, the forest preserve district
19 commissioners shall elect a president from among their members
20 for a 2-year term.
21 Each commissioner shall be a resident of the county from
22 which the commissioner he or she was elected no later than the
23 date of the commencement of the term of office. The term of
24 office for the president and commissioners elected under this
25 Section shall commence on the first Monday of the month
26 following the month of election.
HB0032 Engrossed - 16 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 17 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 17 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 17 - LRB104 05560 RTM 15590 b
1 Neither a commissioner nor the president of the board of
2 commissioners shall serve simultaneously in any other elective
3 or appointive office in the county. The president, with the
4 advice and consent of the board of commissioners, shall
5 appoint a secretary, treasurer, and any other officer deemed
6 necessary by the board of commissioners. The officers need not
7 be members of the board of commissioners. The president shall
8 have the powers and duties as set forth in Section 12 of this
9 Act.
10 Candidates for commissioner shall not be candidates of
11 established political parties, but shall be non-partisan.
12 If a vacancy in the office of president or commissioner
13 occurs, other than by expiration of the president's or a
14 commissioner's term, the forest preserve district board of
15 commissioners shall declare that a vacancy exists, and the
16 board of commissioners shall, within 60 days after the date of
17 the vacancy, upon the majority vote of the commissioners then
18 serving, elect a person to serve for the remainder of the
19 unexpired term. If, however, more than 28 months remain in the
20 unexpired term of a commissioner, at the time of appointment,
21 the appointment shall be until the next general election, at
22 which time the vacated office of commissioner shall be filled
23 by election for the remainder of the term. All other vacancies
24 in nomination shall be filled in accordance with the
25 provisions of the Election Code.
26 The president and commissioners elected under this Section
HB0032 Engrossed - 17 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 18 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 18 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 18 - LRB104 05560 RTM 15590 b
1 shall serve without compensation. The president and
2 commissioners may be reimbursed for their reasonable expenses
3 actually incurred in performing their official duties under
4 this Act in accordance with the provisions of Section 3a. The
5 cost of reimbursement under this Section shall be paid by the
6 forest preserve district.
7 This Section does not apply to a forest preserve district
8 created under Section 18.5 of the Conservation District Act.
9 (Source: P.A. 96-239, eff. 8-11-09.)
10 (70 ILCS 805/12) (from Ch. 96 1/2, par. 6322)
11 Sec. 12. The president of the board of any district
12 organized hereunder, shall preside at all meetings of the
13 board, be the executive officer of the district, and be a
14 member of the board. The president He shall sign all
15 ordinances, resolutions and other papers necessary to be
16 signed and shall execute all contracts entered into by the
17 district and perform other duties as may be prescribed by
18 ordinance. The president He may veto any ordinance and any
19 orders, resolutions and actions, or any items therein
20 contained, of the board which provide for the purchase of real
21 estate, or for the construction of improvements within the
22 preserves of the district. Such veto shall be filed with the
23 secretary of the board within 5 days after the passage of the
24 ordinance, order, resolution or action and when so vetoed the
25 ordinance, order, resolution or action or any item therein
HB0032 Engrossed - 18 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 19 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 19 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 19 - LRB104 05560 RTM 15590 b
1 contained is not effective unless it is again passed by
2 two-thirds vote of all the members of the board. The president
3 may vote in the same manner as the other members of the board.
4 In the temporary absence or inability of the president, the
5 members of the board may elect from their own number a
6 president, pro tem.
7 The "Yeas" and "Nays" shall be taken, and entered on the
8 journal of the board's proceedings, upon the passage of all
9 ordinances and all proposals to create any liability, or for
10 the expenditure or appropriation of money. The concurrence of
11 a majority of all the members elected or appointed to the board
12 is necessary to the passage of any such ordinance or proposal.
13 In all other cases the "Yeas" and "Nays" shall be taken at the
14 request of any member of the board and shall be entered on the
15 journal of the board's proceedings.
16 (Source: P.A. 91-933, eff. 12-30-00.)
17 Section 20. The Child Labor Law of 2024 is amended by
18 changing Sections 20 and 35 as follows:
19 (820 ILCS 206/20)
20 Sec. 20. Exemptions.
21 (a) Nothing in this Act applies to the work of a minor
22 engaged in agricultural pursuits, except that no minor under
23 12 years of age, except members of the farmer's own family who
24 live with the farmer at his principal place of residence, at
HB0032 Engrossed - 19 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 20 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 20 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 20 - LRB104 05560 RTM 15590 b
1 any time shall be employed, allowed, or permitted to work in
2 any gainful occupation in connection with agriculture, except
3 that any minor of 10 years of age or older shall be permitted
4 to work in a gainful occupation in connection with agriculture
5 during school vacations or outside of school hours.
6 (b) Nothing in this Act applies to the work of a minor
7 engaged in the sale and distribution of magazines and
8 newspapers outside of school hours.
9 (c) Nothing in this Act applies a minor's performance of
10 household chores or babysitting outside of school hours if
11 that work is performed in or about a private residence and not
12 in connection with an established business, trade, or
13 profession of the person employing, allowing, or permitting
14 the minor to perform the activities.
15 (d) Nothing in this Act applies to the work of a minor 13
16 years of age or older in caddying at a golf course.
17 (e) Nothing in this Act applies to a minor 14 or 15 years
18 of age who is, under the direction of the minor's school,
19 participating in work-based learning programs in accordance
20 with the School Code.
21 (f) Nothing in this Act prohibits an employer from
22 employing, allowing, or permitting a minor 12 or 13 years of
23 age to work as an officiant or an assistant instructor of youth
24 sports activities for a not-for-profit youth club, park
25 district, township parks and recreation department, or
26 municipal parks and recreation department if the employer
HB0032 Engrossed - 20 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 21 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 21 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 21 - LRB104 05560 RTM 15590 b
1 obtains certification as provided for in Section 55 and:
2 (1) the parent or guardian of the minor who is working
3 as an officiant or an assistant instructor, or an adult
4 designated by the parent or guardian, shall be present at
5 the youth sports activity while the minor is working;
6 (2) the minor may work as an officiant or an assistant
7 instructor for a maximum of 3 hours per day on school days
8 and a maximum of 4 hours per day on non-school days;
9 (3) the minor shall not exceed 10 hours of officiating
10 and working as assistant instructor in any week;
11 (4) the minor shall not work later than 9:00 p.m. on
12 any day of the week; and
13 (5) the participants in the youth sports activity are
14 at least 3 years younger than the minor unless an
15 individual 16 years of age or older is officiating or
16 instructing the same youth sports activity with the minor.
17 The failure to satisfy the requirements of this subsection
18 may result in the revocation of the minor's employment
19 certificate.
20 (Source: P.A. 103-721, eff. 1-1-25.)
21 (820 ILCS 206/35)
22 Sec. 35. Employer requirements.
23 (a) It shall be unlawful for any person to employ, allow,
24 or permit any minor to work unless the minor obtains an
25 employment certificate authorizing the minor to work for that
HB0032 Engrossed - 21 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 22 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 22 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 22 - LRB104 05560 RTM 15590 b
1 person. Any person seeking to employ, allow, or permit any
2 minor to work shall provide that minor with a notice of
3 intention to employ to be submitted by the minor to the minor's
4 school issuing officer with the minor's application for an
5 employment certificate.
6 (b) Every employer of one or more minors shall maintain,
7 on the premises where the work is being done, records that
8 include the name, date of birth, and place of residence of
9 every minor who works for that employer, notice of intention
10 to employ the minor, and the minor's employment certificate.
11 Authorized officers and employees of the Department, truant
12 officers, and other school officials charged with the
13 enforcement of school attendance requirements described in
14 Section 26-1 of the School Code may inspect the records
15 without notice at any time.
16 (c) Every employer of minors shall ensure that all minors
17 are supervised by an adult 21 years of age or older, on site,
18 at all times while the minor is working. This requirement does
19 not apply with respect to: (i) any minor working for a park
20 district, a township parks and recreation department, or a
21 municipal parks and recreation department who is supervised by
22 an adult 18 years of age or older who is an employee of the
23 park district, the township parks and recreation department,
24 or the municipal parks and recreation department and no
25 alcohol or tobacco is being sold on site; or (ii) any minor
26 working as an officiant of youth sports activities if an adult
HB0032 Engrossed - 22 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 23 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 23 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 23 - LRB104 05560 RTM 15590 b
1 21 years of age or older who is an employee of the park
2 district, the township parks and recreation department, or the
3 municipal parks and recreation department is on call.
4 (d) No person shall employ, allow, or permit any minor to
5 work for more than 5 hours continuously without an interval of
6 at least 30 minutes for a meal period. No period of less than
7 30 minutes shall be deemed to interrupt a continuous period of
8 work.
9 (e) Every employer who employs one or more minors shall
10 post in a conspicuous place where minors are employed,
11 allowed, or permitted to work, a notice summarizing the
12 requirements of this Act, including a list of the occupations
13 prohibited to minors and the Department's toll free telephone
14 number described in Section 85. An employer with employees who
15 do not regularly report to a physical workplace, such as
16 employees who work remotely or travel for work, shall also
17 provide the summary and notice by email to its employees or
18 conspicuous posting on the employer's website or intranet
19 site, if the site is regularly used by the employer to
20 communicate work-related information to employees and is able
21 to be regularly accessed by all employees, freely and without
22 interference. The notice shall be furnished by the Department.
23 (f) Every employer, during the period of employment of a
24 minor and for 3 years thereafter, shall keep on file, at the
25 place of employment, a copy of the employment certificate
26 issued for the minor. An employment certificate shall be valid
HB0032 Engrossed - 23 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 24 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 24 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 24 - LRB104 05560 RTM 15590 b
1 only for the employer for whom it was issued and a new
2 certificate shall not be issued for the employment of a minor
3 except on the presentation of a new statement of intention to
4 employ the minor. The failure of any employer to produce for
5 inspection the employment certificate for each minor in the
6 employer's establishment shall be a violation of this Act. The
7 Department may specify any other record keeping requirements
8 by rule.
9 (g) In the event of the work-related death of a minor
10 engaged in work subject to this Act, the employer shall,
11 within 24 hours, report the death to the Department and to the
12 school official who issued the minor's work certificate for
13 that employer. In the event of a work-related injury or
14 illness of a minor that requires the employer to file a report
15 with the Illinois Workers' Compensation Commission under
16 Section 6 of the Workers' Compensation Act or Section 6 of the
17 Workers' Occupational Diseases Act, the employer shall submit
18 a copy of the report to the Department and to the school
19 official who issued the minor's work certificate for that
20 employer within 72 hours of the deadline by which the employer
21 must file the report to the Illinois Workers' Compensation
22 Commission. The report shall be subject to the confidentiality
23 provisions of Section 6 of the Workers' Compensation Act or
24 Section 6 of the Workers' Occupational Diseases Act.
25 (Source: P.A. 103-721, eff. 1-1-25; 103-1062, eff. 2-7-25.)
26 Section 99. Effective date. This Act takes effect upon
HB0032 Engrossed - 24 - LRB104 05560 RTM 15590 b
HB0032 Engrossed- 25 -LRB104 05560 RTM 15590 b HB0032 Engrossed - 25 - LRB104 05560 RTM 15590 b
HB0032 Engrossed - 25 - LRB104 05560 RTM 15590 b
1 becoming law.
HB0032 Engrossed - 25 - LRB104 05560 RTM 15590 b