Illinois-2017-HB5128-Introduced

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5128

Introduced , by Rep. Terri Bryant

SYNOPSIS AS INTRODUCED:

70 ILCS 2105/4a from Ch. 42, par. 386a

Amends the River Conservancy Districts Act. In the case of a board representing a district that embraces Franklin and Jefferson counties, provides that trustees shall be appointed as follows: (1) for municipalities in the district with a population of 6,500 or more, one trustee shall be appointed per 6,500 in population from each municipality by the presiding officer of the municipality with the advice and consent of the corporate authorities of the municipality; and (2) for each county in

the district, one trustee shall be appointed from the area within
the

district outside of each municipality and one trustee shall be
appointed at

large for each county, appointed by the chairperson of the county board with the advice and consent of the county board. Provides that these requirements only apply to appointments made on and after the effective date of the amendatory Act. Effective immediately.

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A BILL FOR

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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 River Conservancy Districts Act is amended

5 by changing Section 4a as follows:

6 (70 ILCS 2105/4a) (from Ch. 42, par. 386a)

7 Sec. 4a. Every conservancy district so established shall be

8 governed by a board of trustees. In the statement finding the

9 results of the election to be favorable to the establishment of

10 the district, the circuit court shall determine and name each

11 municipality within the district having 5,000 or more

12 population according to the last preceding federal census.

13 (1) In case there is one or more municipalities having a

14 population of 5,000 or more within the district, the trustees

15 shall be appointed as follows:

16 (a) In districts organized prior to July 1, 1961, where

17 there is only one such municipality, 3 trustees shall be

18 appointed from such municipality, and one trustee shall be

19 appointed from the area within the district outside of such

20 municipality, and one trustee shall be appointed at large.

21 In districts organized on and after July 1, 1961, where

22 there is only one such municipality one trustee shall be

23 appointed from such municipality, and one trustee shall be

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1 appointed from each county in the district, except that

2 where the district is wholly contained within a single

3 county, one trustee shall be appointed from that county and

4 one additional trustee shall be appointed from the

5 municipality, and, in any case, 2 trustees shall be

6 appointed at large. A trustee appointed from a county in

7 the district shall be appointed from the area outside any

8 such municipality. If the district is located wholly within

9 the corporate limits of such municipality, 3 of the

10 trustees of the district shall be appointed from such

11 municipality, and 2 trustees shall be appointed at large.

12 In a district wholly contained within a single county of

13 between 60,500 and 70,000 population and having no more

14 than one municipality of 5,000 or more population,

15 regardless of the date of organization, 3 trustees shall be

16 appointed from that municipality, 2 trustees shall be

17 appointed from the district outside that municipality, and

18 2 trustees shall be appointed at large. No more than 2

19 appointments by each appointing authority may be from the

20 same political party.

21 (b) Where there are 2 or more such municipalities, one

22 trustee shall be appointed from each such municipality, one

23 trustee shall be appointed from each county in the district

24 for each 50,000 population or part thereof within the

25 district in such county according to the last preceding

26 federal census, and 2 trustees shall be appointed at large.

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1 A trustee appointed from a county in the district shall be

2 appointed from the area outside any such municipality. If

3 the district is located wholly within the corporate limits

4 of such municipalities, 2 trustees shall be appointed from

5 the one of such municipalities having the largest

6 population, and one trustee shall be appointed from each of

7 the other such municipalities, and 2 trustees shall be

8 appointed at large.

9 (c) Trustees representing the area within the district

10 located outside of any municipality having 5,000 or more

11 population and trustees appointed at large when the

12 district is wholly contained within a single county shall

13 be appointed by the presiding officer of the county board

14 with the advice and consent of the county board and any

15 trustee representing the area within any such municipality

16 shall be appointed by its presiding officer. If however the

17 district is located in more than one county, any trustee

18 representing the area within a district located outside of

19 any municipality having 5,000 or more population and any

20 trustee at large shall be appointed by a majority vote of

21 the presiding officers of the county boards of the counties

22 which encompass any part of the district, except that no

23 such appointment shall affect the term of any trustee in

24 office on the effective date of this amendatory Act of

25 1977. Any trustee representing the area within any such

26 municipality shall be appointed by its presiding officer.

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1 (d) A trustee representing the area within any such

2 municipality shall reside within its corporate limits. A

3 trustee representing the area within the district and

4 located outside of any such municipality shall reside

5 within such area. A trustee appointed at large may reside

6 either within or without any such municipality but must

7 reside within the territory of the district. Should any

8 trustee cease to reside within that part of the territory

9 he represents, then his office shall be deemed vacated, and

10 shall be filled by appointment for the remainder of the

11 term as hereinafter provided.

12 (2) In case there are no municipalities having a population

13 of 5,000 or more within such district located wholly within a

14 single county, the statement required by Section 1 shall

15 include such finding, and in such case the Board shall consist

16 of 5 trustees who shall be appointed at large by the presiding

17 officer of the county board with the advice and consent of the

18 county board. If however the district is located in more than

19 one county, the trustees at large shall be appointed by a

20 majority vote of the presiding officers of the county boards of

21 the counties which encompass any portion of the district, but

22 any trustee in office on the effective date of this amendatory

23 Act of 1977 shall be permitted to serve out the remainder of

24 his term. Each such trustee shall reside within the district

25 and shall continue to reside therein.

26 (3) All initial appointments of trustees shall be made

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1 within 60 days after the determination of the result of the

2 election. Each appointment shall be in writing and shall be

3 filed and made a matter of record in the office of the county

4 clerk wherein the organization proceedings were filed. A

5 trustee shall qualify within 10 days after appointment by

6 acceptance and the taking of the constitutional oath of office,

7 both to be in writing and similarly filed for record in the

8 office of such county clerk. Members initially appointed to the

9 board of trustees of such district shall serve from date of

10 appointment for 1, 2, 3, 4 and 5 years and shall draw lots to

11 determine the periods for which they each shall serve. In case

12 there are more than 5 trustees, lots shall be drawn so that 5

13 trustees shall serve initial terms of 1, 2, 3, 4 and 5 years

14 and the other trustees shall serve terms of 1, 2, 3, 4 or 5

15 years as the number of trustees shall require and the drawing

16 of lots shall determine. The successors of all such initial

17 members of the board of trustees of a river conservancy

18 district shall serve for terms of 5 years, all such

19 appointments and appointments to fill vacancies shall be made

20 in like manner as in the case of the initial trustees. A

21 trustee having been duly appointed shall continue to serve

22 after the expiration of his term until his successor has been

23 appointed. Each trustee initially appointed in accordance with

24 this amendatory Act of 1995 shall serve a term of 3 or 5 years

25 as determined by lot.

26 (4) Should a municipality which is wholly within a district

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1 attain, or should such a municipality be established, having a

2 population of 5,000 or more after the entry of the statement by

3 the circuit court, the presiding officer of such municipality

4 may petition the circuit court of the county in which such

5 municipality lies for an order finding and determining the

6 population of such municipality and, if it is found and

7 determined upon the hearing of such petition that the

8 population of such municipality is 5,000 or more, the board of

9 trustees of such district as previously established shall be

10 increased by one trustee who shall reside within the corporate

11 limits of such municipality and shall be appointed by its

12 presiding officer. The initial trustee so appointed shall serve

13 for a term of 1, 2, 3, 4 or 5 years, as may be determined by

14 lot, and his successors shall be similarly appointed and shall

15 serve for terms of 5 years. All provisions of this Section

16 applicable to trustees representing municipal areas shall

17 apply to any such trustee, including paragraph 5.

18 (5) Should the foregoing provisions respecting the

19 appointment of trustees representing the area within any

20 municipality of 5,000 or more population be invalid when

21 applied to any situation, then as to such situation any such

22 provision shall be deemed to be excised from this Act, and the

23 trustee whose appointment is thus affected shall be appointed

24 at large by the presiding officer of the county board with the

25 advice and consent of the county board except if the district

26 embraces more than one county in which case the trustees shall

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1 be appointed at large by a majority vote of the presiding

2 officers of the county boards of the counties which encompass

3 any portion of the district.

4 (6) In the case of a board representing a district that

5 embraces Franklin and Jefferson counties, a trustee may be

6 removed for incompetence, neglect of duty, or malfeasance in

7 office by the appropriate appointing presiding officer or

8 officers, without the advice and consent of the corporate

9 authorities, by filing a written order of removal with the

10 appropriate county or municipal clerk or clerks.

11 (7) Notwithstanding any other provision of law to the

12 contrary, in the case of a board representing a district that

13 embraces Franklin and Jefferson counties, the terms of all

14 trustees shall end on the effective date of this amendatory Act

15 of the 94th General Assembly. Beginning on that date, the board

16 shall consist of 7 trustees. The 7 trustees initially appointed

17 pursuant to this amendatory Act of the 94th General Assembly

18 shall be appointed in the same manner as otherwise provided in

19 this Section by the appropriate appointing authority and shall

20 serve the following terms, as determined by lot: (i) 2 trustees

21 shall serve until July 1, 2006; (ii) 2 trustees shall serve

22 until July 1, 2007; (iii) one trustee shall serve until July 1,

23 2008; (iv) one trustee shall serve until July 1, 2009; and (v)

24 one trustee shall serve until July 1, 2010. Upon expiration of

25 the terms of the trustees initially appointed under this

26 amendatory Act of the 94th General Assembly, their respective

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1 successors shall be appointed for terms of 5 years, beginning

2 on July 1 of the year in which the previous term expires and

3 until their respective successors are appointed and qualified.

4 After the appointment of the trustees initially appointed

5 pursuant to this amendatory Act of the 94th General Assembly,

6 the number of trustees on the board may be increased in

7 accordance with subsection (4).

8 (8) Notwithstanding any other provision of law to the

9 contrary, in the case of a board representing a district that

10 embraces Franklin and Jefferson counties, trustees shall be

11 appointed as follows:

12 (a) For municipalities in the district with a

13 population of 6,500 or more, one trustee shall be appointed

14 per 6,500 in population from each municipality by the

15 presiding officer of the municipality with the advice and

16 consent of the corporate authorities of the municipality.

17 (b) For each county in the district, one trustee shall

18 be appointed from the area within the district outside of

19 each municipality under item (a) of this subsection. One

20 trustee shall be appointed at large for each county.

21 Trustees under this item (b) shall be appointed by the

22 chairperson of the county board with the advice and consent

23 of the county board.

24 The provisions of this subsection apply only to

25 appointments made on and after the effective date of this

26 amendatory Act of the 100th General Assembly. After the

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1 appointment of the trustees initially appointed pursuant to

2 this amendatory Act of the 100th General Assembly, the number

3 of trustees on the board may be increased in accordance with

4 subsection (4) of this Section.

5 (Source: P.A. 94-64, eff. 6-21-05.)

6 Section 99. Effective date. This Act takes effect upon

7 becoming law.