Bill Text: IL SB0426 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Counties Code. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2019-01-14 - Total Veto Stands [SB0426 Detail]
Download: Illinois-2017-SB0426-Enrolled.html
Bill Title: Amends the Counties Code. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2019-01-14 - Total Veto Stands [SB0426 Detail]
Download: Illinois-2017-SB0426-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Sanitary District Act of 1917 is amended by | ||||||
5 | changing Section 3 as follows:
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6 | (70 ILCS 2405/3) (from Ch. 42, par. 301)
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7 | Sec. 3. Board of trustees; creation; term. A board of | ||||||
8 | trustees shall be created, consisting of 5 members
in any | ||||||
9 | sanitary district which includes one or more municipalities | ||||||
10 | with
a population of over 90,000 but less than 500,000 | ||||||
11 | according to the most
recent Federal census, and consisting of | ||||||
12 | 3 members in any other district.
However, the board of trustees | ||||||
13 | for the Fox River Water Reclamation District, the Sanitary | ||||||
14 | District of Decatur, and the Northern Moraine Wastewater | ||||||
15 | Reclamation District
shall each consist of 5 members. Each | ||||||
16 | board of trustees shall be created for the
government, control | ||||||
17 | and management of the affairs and business of each
sanitary | ||||||
18 | district organized under this Act shall be created in the
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19 | following manner:
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20 | (1) If the district's corporate boundaries are located | ||||||
21 | wholly within a single county, the
presiding officer of the | ||||||
22 | county board, with the advice and consent of
the county | ||||||
23 | 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.
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6 | In any sanitary district which shall have a 3 member board | ||||||
7 | of trustees,
within 60 days after the adoption of such act, the | ||||||
8 | appropriate
appointing authority shall appoint three trustees | ||||||
9 | not more than 2 of
whom shall be from one incorporated city, | ||||||
10 | town or village in districts
in which are included 2 or more | ||||||
11 | incorporated cities, towns or villages,
or parts of 2 or more | ||||||
12 | incorporated cities, towns or villages, who shall
hold their | ||||||
13 | office respectively for 1, 2 and 3 years, from the first
Monday | ||||||
14 | of May next after their appointment and until their successors
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15 | are appointed and have qualified, and thereafter on or before | ||||||
16 | the second
Monday in April of each year the appropriate | ||||||
17 | appointing authority shall
appoint one trustee whose term shall | ||||||
18 | be for 3 years commencing the first
Monday in May of the year | ||||||
19 | in which he is appointed. The
length of the term of the first | ||||||
20 | trustees shall be determined by lot at
their first meeting.
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21 | In the case of any sanitary district created after January | ||||||
22 | 1, 1978 in which
a 5 member board of trustees is required, the | ||||||
23 | appropriate appointing authority
shall appoint 5 trustees, one | ||||||
24 | of whom shall hold office for one year, two
of whom shall hold | ||||||
25 | office for 2 years, and 2 of whom shall hold office for
3 years | ||||||
26 | from the first Monday of May next after their respective |
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1 | appointments
and until their successors are appointed and have | ||||||
2 | qualified. Thereafter,
on or before the second Monday in April | ||||||
3 | of each year the appropriate
appointing authority shall appoint | ||||||
4 | one trustee or 2 trustees, as shall be
necessary to maintain a | ||||||
5 | 5 member board of trustees, whose terms shall be for 3
years
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6 | commencing the first Monday in May of the year in which they | ||||||
7 | are respectively
appointed. The length of the terms of the | ||||||
8 | first trustees shall be determined
by lot at their first | ||||||
9 | meeting.
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10 | In any sanitary district created prior to January 1, 1978 | ||||||
11 | in which a
5 member board of trustees is required as of January | ||||||
12 | 1, 1978,
the two trustees already serving terms which do not | ||||||
13 | expire on May 1, 1978
shall continue to hold office for the | ||||||
14 | remainders of their respective terms,
and 3 trustees shall be | ||||||
15 | appointed by the appropriate appointing authority
by April 10, | ||||||
16 | 1978 and shall hold office for terms beginning May 1, 1978.
Of | ||||||
17 | the three new trustees, one shall hold office for 2 years and 2 | ||||||
18 | shall
hold office for 3 years from May 1, 1978 and until their | ||||||
19 | successors are
appointed and have qualified. Thereafter, on or | ||||||
20 | before the second Monday
in April of each year the appropriate | ||||||
21 | appointing authority shall appoint
one trustee or 2 trustees, | ||||||
22 | as shall be necessary to maintain a 5 member
board of trustees, | ||||||
23 | whose terms shall be for 3 years commencing the first
Monday in | ||||||
24 | May of the year in which they are respectively appointed. The
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25 | lengths of the terms of the trustees who are to hold office | ||||||
26 | beginning May
1, 1978 shall be determined by lot at their first |
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1 | meeting after May 1, 1978.
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2 | No more than 3 members of a 5 member board of trustees may | ||||||
3 | be of the same
political party; except that in any sanitary | ||||||
4 | district which otherwise
meets the requirements of this Section | ||||||
5 | and which lies within 4 counties of the
State of Illinois or, | ||||||
6 | prior to April 30, 2008, in the Fox River Water Reclamation | ||||||
7 | District; the
appointments of the 5 members of the board of | ||||||
8 | trustees
shall be made without regard to political party. | ||||||
9 | Beginning with the appointments made on April 30, 2008, all | ||||||
10 | appointments to the board of trustees of the Fox River Water | ||||||
11 | Reclamation District shall be made so that no more than 3 of | ||||||
12 | the 5 members are from the same political party.
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13 | On and after the effective date of this amendatory Act of | ||||||
14 | the 100th General Assembly, appointments to the board of | ||||||
15 | trustees of the Thorn Creek Basin Sanitary District shall be | ||||||
16 | made as provided in this paragraph. The mayor of each | ||||||
17 | municipality located in whole or in part within the territory | ||||||
18 | of the District shall recommend a candidate or candidates to be | ||||||
19 | appointed to the position of trustee. A majority of the mayors | ||||||
20 | must select an appropriate candidate to be appointed from among | ||||||
21 | those candidates recommended by the mayors. | ||||||
22 | Within 60 days after the release of Federal census | ||||||
23 | statistics showing that
a sanitary district having a 3 member | ||||||
24 | board of trustees contains one
or more municipalities with a | ||||||
25 | population over 90,000 but less than 500,000,
or, for the | ||||||
26 | Northern Moraine Wastewater Reclamation District, within 60 |
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1 | days after the effective date of this amendatory Act of the | ||||||
2 | 95th General Assembly, the appropriate appointing authority | ||||||
3 | shall appoint 2 additional trustees
to the board of trustees, | ||||||
4 | one to hold office for 2 years and one to hold
office for 3 | ||||||
5 | years from the first Monday of May next after their appointment
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6 | and until their successors are appointed and have qualified. | ||||||
7 | The lengths
of the terms of these two additional members shall | ||||||
8 | be determined by lot
at the first meeting of the board of | ||||||
9 | trustees held after the additional
members take office. The | ||||||
10 | three trustees already holding office in the sanitary
district | ||||||
11 | shall continue
to hold office for the remainders of their | ||||||
12 | respective terms. Thereafter,
on or before the second Monday in | ||||||
13 | April of each year the appropriate appointing
authority shall | ||||||
14 | appoint one trustee or 2 trustees, as shall be necessary
to | ||||||
15 | maintain a 5 member board of trustees, whose terms shall be for | ||||||
16 | 3 years
commencing the first Monday in May of the year in which | ||||||
17 | they are respectively
appointed.
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18 | If any sanitary district having a 5 member board of | ||||||
19 | trustees shall cease
to contain one or more municipalities with | ||||||
20 | a population over 90,000 but
less than 500,000 according to the | ||||||
21 | most recent Federal census, then, for
so long as that sanitary | ||||||
22 | district does not contain one or more such
municipalities,
on | ||||||
23 | or before the second Monday in April of each year the | ||||||
24 | appropriate appointing
authority shall
appoint one trustee | ||||||
25 | whose term shall be for 3 years commencing the first
Monday in | ||||||
26 | May of the year in which he is appointed. In districts which
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1 | include 2 or more incorporated cities, towns, or villages, or | ||||||
2 | parts of 2
or more incorporated cities, towns, or villages, all | ||||||
3 | of the trustees shall
not be from one incorporated city, town | ||||||
4 | or village.
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5 | If a vacancy occurs on any board of trustees, the | ||||||
6 | appropriate appointing
authority shall within 60 days appoint a | ||||||
7 | trustee who shall hold office for
the remainder of the vacated | ||||||
8 | term.
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9 | The appointing authority shall require each of the trustees | ||||||
10 | to enter
into bond, with security to be approved by the | ||||||
11 | appointing authority, in
such sum as the appointing authority | ||||||
12 | may determine.
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13 | A majority of the board of trustees shall constitute a | ||||||
14 | quorum but a
smaller number may adjourn from day to day. No | ||||||
15 | trustee or employee of
such district shall be directly or | ||||||
16 | indirectly interested in any
contract, work or business of the | ||||||
17 | district, or the sale of any article,
the expense, price or | ||||||
18 | consideration of which is paid by such district;
nor in the | ||||||
19 | purchase of any real estate or property belonging to the
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20 | district, or which shall be sold for taxes or assessments, or | ||||||
21 | by virtue
of legal process at the suit of the district. | ||||||
22 | Provided, that nothing
herein shall be construed as prohibiting | ||||||
23 | the appointment or selection of
any person as trustee or | ||||||
24 | employee whose only interest in the district is
as owner of | ||||||
25 | real estate in the district or of contributing to the
payment | ||||||
26 | of taxes levied by the district. The trustees shall have the
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1 | power to provide and adopt a corporate seal for the district.
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2 | Notwithstanding any other provision in this Section, in any | ||||||
3 | sanitary
district created prior to the effective date of this | ||||||
4 | amendatory Act of
1985, in which a five member board of | ||||||
5 | trustees has been appointed and which
currently includes one or | ||||||
6 | more municipalities with a population of over
90,000 but less | ||||||
7 | than 500,000, the board of trustees shall consist of five
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8 | members. | ||||||
9 | Except as otherwise provided for vacancies, in the event | ||||||
10 | that the appropriate appointing authority fails to appoint a | ||||||
11 | trustee under this Section, the appropriate appointing | ||||||
12 | authority shall reconvene and appoint a successor on or before | ||||||
13 | July 1 of that year.
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14 | (Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)
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