HB4930eng 95TH GENERAL ASSEMBLY

HB4930 Engrossed LRB095 15444 HLH 41436 b

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 2-4006 as follows:

(55 ILCS 5/2-4006)

Sec. 2-4006. Terms of commissioners.

(a) In every county not under township organization having 3 commissioners elected at large as described in subsection (b) or (c), the commissioners shall be elected as provided in this Section.

(b) In a county in which one commissioner was elected at the general election in 1992 to serve for a term of 4 years and in which 2 commissioners will be elected at the general election in 1994, the commissioner elected in 1994 and receiving the greatest number of votes shall serve for a term of 6 years. The other commissioner elected in 1994 shall serve for a term of 4 years. At the general election in 1996 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.

(c) In a county in which 2 commissioners were elected at the general election in 1992 to serve for terms of 4 years and in which one commissioner will be elected at the general election in 1994, the commissioner elected in 1994 shall serve for a term of 4 years. The commissioner elected in 1996 and receiving the greatest number of votes shall serve for a term of 6 years. The other commissioner elected in 1996 shall serve for a term of 4 years. At the general election in 1998 and at each general election thereafter, one commissioner shall be elected to serve for a term of 6 years.

(c-5) A county with a 3-member board of commissioners elected at large under this Section may, upon referendum initiated by the adoption of an ordinance or resolution of the board of county commissioners, determine that the board of county commissioners shall consist of either (i) 5 commissioners elected at large or (ii) 5 commissioners elected from single member districts. The commissioners must certify the question with the proper election authority, which must submit the question at an election in accordance with the general election law.

The question shall be submitted in substantially the following form:

(1) For the election of 5 at-large commissioners the question shall be:

"Shall the board of commissioners of (county) consist of 5 commissioners elected at large?"

(2) For the election of 5 commissioners from compact, contiguous, and equally populated districts the question shall be:

"Shall the board of commissioners of (county) consist of 5 commissioners elected in compact, contiguous, and equally populated districts?"

Votes must be recorded as "yes" or "no". If a majority of the electors voting on the question vote in the affirmative, then a 5-member board of commissioners shall be established as prescribed by the specific question on the ballot. The County Clerk, in consultation with the State's Attorney for the county, shall determine the terms of the commissioners initially elected under this Act. Successor commissioners shall serve for 6-year terms. If the voters of the county establish a 5-member board of commissioners elected from districts, the county commissioners shall divide the county into 5 districts that are compact, contiguous, and equally populated, based on the last preceding decennial census. The county commissioners shall also redistrict the 5 commissioner districts after each subsequent decennial census.

(d) The provisions of this Section do not apply to commissioners elected under Section 2-4006.5 of this Code.

(Source: P.A. 92-189, eff. 8-1-01.)

Section 99. Effective date. This Act takes effect upon becoming law.