Bill Text: IL SB3657 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Sanitary District Act of 1917. Provides that the board of trustees of the Northern Moraine Wastewater Reclamation District shall, on or before December 31, 2024, assign 2 trustee seats to each municipality that has 4,000 or more population equivalent serviced by the District and assign one trustee seat for each municipality that has 1,000 up to 3,999 population equivalent, and, thereafter, trustees shall be added or removed as municipal territory is added, modified, or removed from the District and a trustee or trustees shall be appointed for added municipal territory based upon the territory's population equivalent. Provides that, after assigning trustee seats, each board of trustees of a municipality with territory within the District that meets the population equivalent requirement shall appoint the trustee or trustees representing the municipality to the board of the District. Prohibits an employee of the District or a contractor working for the District from being appointed to the board. Provides that the terms of trustees serving on the effective date of the amendatory Act are terminated on May 5, 2025 and the initial trustees appointed under the provisions shall take office on May 5, 2025. Thereafter, provides that a trustee shall hold the trustee's office until the trustee resigns or is removed by the board of trustees of the appointing municipality. Allows for the appointment of a maximum of one at-large trustee by the board chairs of Lake County and McHenry County if territory is added resulting in an even number of total trustees, including vacant trustee offices, appointed by the municipalities to the board. Defines "population equivalent". Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-02-22 - Added as Chief Co-Sponsor Sen. Craig Wilcox [SB3657 Detail]

Download: Illinois-2023-SB3657-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3657

Introduced 2/9/2024, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:
70 ILCS 2405/3 from Ch. 42, par. 301

Amends the Sanitary District Act of 1917. Provides that the board of trustees of the Northern Moraine Wastewater Reclamation District shall, on or before December 31, 2024, assign 2 trustee seats to each municipality that has 4,000 or more population equivalent serviced by the District and assign one trustee seat for each municipality that has 1,000 up to 3,999 population equivalent, and, thereafter, trustees shall be added or removed as municipal territory is added, modified, or removed from the District and a trustee or trustees shall be appointed for added municipal territory based upon the territory's population equivalent. Provides that, after assigning trustee seats, each board of trustees of a municipality with territory within the District that meets the population equivalent requirement shall appoint the trustee or trustees representing the municipality to the board of the District. Prohibits an employee of the District or a contractor working for the District from being appointed to the board. Provides that the terms of trustees serving on the effective date of the amendatory Act are terminated on May 5, 2025 and the initial trustees appointed under the provisions shall take office on May 5, 2025. Thereafter, provides that a trustee shall hold the trustee's office until the trustee resigns or is removed by the board of trustees of the appointing municipality. Allows for the appointment of a maximum of one at-large trustee by the board chairs of Lake County and McHenry County if territory is added resulting in an even number of total trustees, including vacant trustee offices, appointed by the municipalities to the board. Defines "population equivalent". Effective immediately.
LRB103 39422 AWJ 69605 b

A BILL FOR

SB3657LRB103 39422 AWJ 69605 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Sanitary District Act of 1917 is amended by
5changing Section 3 as follows:
6 (70 ILCS 2405/3) (from Ch. 42, par. 301)
7 Sec. 3. Board of trustees; creation; term. A board of
8trustees shall be created, consisting of 5 members in any
9sanitary district which includes one or more municipalities
10with a population of over 90,000 but less than 500,000
11according to the most recent Federal census, and consisting of
123 members in any other district. However, the board of
13trustees for the Fox River Water Reclamation District, the
14Sanitary District of Decatur, and the Northern Moraine
15Wastewater Reclamation District shall each consist of 5
16members. Each board of trustees shall be created for the
17government, control and management of the affairs and business
18of each sanitary district organized under this Act shall be
19created in the following manner:
20 (1) If the district's corporate boundaries are located
21 wholly within a single county, the presiding officer of
22 the county board, with the advice and consent of the
23 county board, shall appoint the trustees for the district;

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1 (2) If the district's corporate boundaries are located
2 in more than one county, the members of the General
3 Assembly whose legislative districts encompass any portion
4 of the district shall appoint the trustees for the
5 district.
6 In any sanitary district which shall have a 3 member board
7of trustees, within 60 days after the adoption of such act, the
8appropriate appointing authority shall appoint three trustees
9not more than 2 of whom shall be from one incorporated city,
10town or village in districts in which are included 2 or more
11incorporated cities, towns or villages, or parts of 2 or more
12incorporated cities, towns or villages, who shall hold their
13office respectively for 1, 2 and 3 years, from the first Monday
14of May next after their appointment and until their successors
15are appointed and have qualified, and thereafter on or before
16the second Monday in April of each year the appropriate
17appointing authority shall appoint one trustee whose term
18shall be for 3 years commencing the first Monday in May of the
19year in which he is appointed. The length of the term of the
20first trustees shall be determined by lot at their first
21meeting.
22 In the case of any sanitary district created after January
231, 1978 in which a 5 member board of trustees is required, the
24appropriate appointing authority shall appoint 5 trustees, one
25of whom shall hold office for one year, two of whom shall hold
26office for 2 years, and 2 of whom shall hold office for 3 years

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1from the first Monday of May next after their respective
2appointments and until their successors are appointed and have
3qualified. Thereafter, on or before the second Monday in April
4of each year the appropriate appointing authority shall
5appoint one trustee or 2 trustees, as shall be necessary to
6maintain a 5 member board of trustees, whose terms shall be for
73 years commencing the first Monday in May of the year in which
8they are respectively appointed. The length of the terms of
9the first trustees shall be determined by lot at their first
10meeting.
11 In any sanitary district created prior to January 1, 1978
12in which a 5 member board of trustees is required as of January
131, 1978, the two trustees already serving terms which do not
14expire on May 1, 1978 shall continue to hold office for the
15remainders of their respective terms, and 3 trustees shall be
16appointed by the appropriate appointing authority by April 10,
171978 and shall hold office for terms beginning May 1, 1978. Of
18the three new trustees, one shall hold office for 2 years and 2
19shall hold office for 3 years from May 1, 1978 and until their
20successors are appointed and have qualified. Thereafter, on or
21before the second Monday in April of each year the appropriate
22appointing authority shall appoint one trustee or 2 trustees,
23as shall be necessary to maintain a 5 member board of trustees,
24whose terms shall be for 3 years commencing the first Monday in
25May of the year in which they are respectively appointed. The
26lengths of the terms of the trustees who are to hold office

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1beginning May 1, 1978 shall be determined by lot at their first
2meeting after May 1, 1978.
3 No more than 3 members of a 5 member board of trustees may
4be of the same political party; except that in any sanitary
5district which otherwise meets the requirements of this
6Section and which lies within 4 counties of the State of
7Illinois or, prior to April 30, 2008, in the Fox River Water
8Reclamation District; the appointments of the 5 members of the
9board of trustees shall be made without regard to political
10party. Beginning with the appointments made on April 30, 2008,
11all appointments to the board of trustees of the Fox River
12Water Reclamation District shall be made so that no more than 3
13of the 5 members are from the same political party.
14 Beginning with the 2021 municipal election, the board of
15trustees of the Fox Metro Water Reclamation District shall be
16elected as provided in this paragraph. The election of
17trustees shall be in accordance with Section 2A-1.1 of the
18Election Code. Any board member serving on the effective date
19of this amendatory Act of the 101st General Assembly whose
20term does not expire in 2021 shall serve until his or her
21successor is elected and qualified. The board of trustees of
22the Fox Metro Water Reclamation District shall: on or before
23January 1, 2020, divide the Fox Metro Water Reclamation
24District into 5 trustee districts and assign the trustee
25districts to reflect the results of the most recent federal
26decennial census; and thereafter, in the year following each

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1decennial census, redistrict the trustee districts to reflect
2the results of the most recent census. The board of trustees
3shall consist of 1 elected trustee in each trustee district. A
4petition for nomination for election of a trustee of the Fox
5Metro Water Reclamation District shall contain at least 100
6signatures of registered voters residing within the Fox Metro
7Water Reclamation District. The trustees shall be elected for
8staggered terms at the election as provided by the Election
9Code. Two trustees shall be elected at the 2021 election, and 3
10trustees shall be elected at the following consolidated
11election. Elected trustees shall take office on the first
12Tuesday after the first Monday in the month following the
13month of their election and shall hold their offices for 4
14years and until their successors are elected and qualified. If
15a vacancy occurs before the 2021 election on the board of
16trustees of the Fox Metro Water Reclamation District: (i) the
17District Manager shall, no later than 7 days from the date of
18the vacancy, notify the State legislators representing any
19portion of the District, publish notification of the vacancy
20on the District's website, and send notification of the
21vacancy to local newspapers, radio stations, and television
22stations; (ii) each notification published or sent shall
23contain instructions on how to apply to the District Manager
24for the vacant trustee position; (iii) applications for the
25vacancy shall be accepted for at least 30 days after the date
26the notification of the vacancy was published and sent; (iv)

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1applications for the vacancy shall include a letter of
2interest and resume; (v) once the application period has
3closed, the District Manager shall forward all applications
4received to the State legislators notified of the vacancy in
5item (i); (vi) the President of the board of trustees and the
6District Manager shall hold a public meeting with the State
7legislators notified of the vacancy to review all applications
8and, by unanimous vote of all State legislators representing
9any portion of the District, select a candidate to fill the
10trustee vacancy; and (vii) the board of trustees shall appoint
11the selected candidate at the next board of trustees meeting.
12If a vacancy exists after the 2021 election on the board of
13trustees of the Fox Metro Water Reclamation District, the
14vacancy shall be filled by appointment by the president of the
15board of trustees, with the advice and consent of the members
16of the board of trustees, until the next regular election at
17which trustees of the district are elected, and shall be made a
18matter of record in the office of the county clerk in the
19county where the district is located; for a vacancy filled by
20appointment, the portion of the unexpired term remaining after
21the next regular election at which trustees of the district
22are elected shall be filled by election, as provided for in
23this paragraph.
24 The board of trustees of the Northern Moraine Wastewater
25Reclamation District shall, on or before December 31, 2024,
26assign 2 trustee seats to each municipality that has 4,000 or

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1more population equivalent serviced by the District and assign
2one trustee seat for each municipality that has 1,000 up to
33,999 population equivalent, and, thereafter, trustees shall
4be added or removed as municipal territory is added, modified,
5or removed from the District and a trustee or trustees shall be
6appointed for added municipal territory based upon the
7territory's population equivalent as provided in this
8sentence. After assigning trustee seats under this paragraph,
9each board of trustees of a municipality with territory within
10the District that meets this paragraph's population equivalent
11requirement shall appoint the trustee or trustees representing
12the municipality to the board of the District. An employee of
13the District or a contractor working for the District may not
14be appointed to the board. The terms of trustees serving on the
15effective date of this amendatory Act of the 103rd General
16Assembly are terminated on May 5, 2025 and the initial
17trustees appointed under this paragraph shall take office on
18May 5, 2025. Thereafter, a trustee shall hold the trustee's
19office until the trustee resigns or is removed by the board of
20trustees of the appointing municipality. If a vacancy exists
21after May 5, 2025 on the board of trustees of the District, the
22vacancy shall be filled by appointment by the board of
23trustees of the appointing municipality. If territory is added
24resulting in an even number of total trustees, including
25vacant trustee offices, appointed by the municipalities to the
26board, then the board chairs of Lake County and McHenry County

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1shall jointly appoint a maximum of one at-large trustee who
2shall serve until the trustee resigns or is removed, either by
3the appointing authorities or by operation of law under this
4paragraph. If the at-large trustee has been appointed and the
5territory of the District is then reduced resulting in a loss
6of one trustee on the board, then the at-large trustee is
7removed by operation of law and may not be reappointed except
8as otherwise allowed under this paragraph. As used in this
9paragraph, "population equivalent" means that one population
10equivalent is 100 gallons of sewage per day, containing 0.17
11pounds of BOD5 (5 day biochemical oxygen demand) and 0.20
12pounds of suspended solids, on the basis of the highest
13individual value of the 3 parameters.
14 Within 60 days after the release of Federal census
15statistics showing that a sanitary district having a 3 member
16board of trustees contains one or more municipalities with a
17population over 90,000 but less than 500,000, or, for the
18Northern Moraine Wastewater Reclamation District, within 60
19days after the effective date of this amendatory Act of the
2095th General Assembly, the appropriate appointing authority
21shall appoint 2 additional trustees to the board of trustees,
22one to hold office for 2 years and one to hold office for 3
23years from the first Monday of May next after their
24appointment and until their successors are appointed and have
25qualified. The lengths of the terms of these two additional
26members shall be determined by lot at the first meeting of the

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1board of trustees held after the additional members take
2office. The three trustees already holding office in the
3sanitary district shall continue to hold office for the
4remainders of their respective terms. Thereafter, on or before
5the second Monday in April of each year the appropriate
6appointing authority shall appoint one trustee or 2 trustees,
7as shall be necessary to maintain a 5 member board of trustees,
8whose terms shall be for 3 years commencing the first Monday in
9May of the year in which they are respectively appointed.
10 If any sanitary district having a 5 member board of
11trustees shall cease to contain one or more municipalities
12with a population over 90,000 but less than 500,000 according
13to the most recent Federal census, then, for so long as that
14sanitary district does not contain one or more such
15municipalities, on or before the second Monday in April of
16each year the appropriate appointing authority shall appoint
17one trustee whose term shall be for 3 years commencing the
18first Monday in May of the year in which he is appointed. In
19districts which include 2 or more incorporated cities, towns,
20or villages, or parts of 2 or more incorporated cities, towns,
21or villages, all of the trustees shall not be from one
22incorporated city, town or village.
23 If a vacancy occurs on any board of trustees, the
24appropriate appointing authority shall within 60 days appoint
25a trustee who shall hold office for the remainder of the
26vacated term.

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1 The appointing authority shall require each of the
2trustees to enter into bond, with security to be approved by
3the appointing authority, in such sum as the appointing
4authority may determine.
5 A majority of the board of trustees shall constitute a
6quorum but a smaller number may adjourn from day to day. No
7trustee or employee of such district shall be directly or
8indirectly interested in any contract, work or business of the
9district, or the sale of any article, the expense, price or
10consideration of which is paid by such district; nor in the
11purchase of any real estate or property belonging to the
12district, or which shall be sold for taxes or assessments, or
13by virtue of legal process at the suit of the district.
14Provided, that nothing herein shall be construed as
15prohibiting the appointment or selection of any person as
16trustee or employee whose only interest in the district is as
17owner of real estate in the district or of contributing to the
18payment of taxes levied by the district. The trustees shall
19have the power to provide and adopt a corporate seal for the
20district.
21 Notwithstanding any other provision in this Section, in
22any sanitary district created prior to the effective date of
23this amendatory Act of 1985, in which a 5 five member board of
24trustees has been appointed and which currently includes one
25or more municipalities with a population of over 90,000 but
26less than 500,000, the board of trustees shall consist of 5

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1five members.
2 Except as otherwise provided for vacancies, in the event
3that the appropriate appointing authority fails to appoint a
4trustee under this Section, the appropriate appointing
5authority shall reconvene and appoint a successor on or before
6July 1 of that year.
7(Source: P.A. 101-523, eff. 8-23-19.)
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