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| Public Act 103-0079
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| SB1098 Enrolled | LRB103 05533 AWJ 50552 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The River Conservancy Districts Act is amended |
by changing Section 4a and by adding Section 4c as follows:
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(70 ILCS 2105/4a) (from Ch. 42, par. 386a)
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Sec. 4a. Every conservancy district so established shall |
be
governed by a board of trustees. In the statement finding |
the results
of the election to be favorable to the |
establishment of the district,
the circuit court shall |
determine and name each municipality within the
district |
having 5,000 or more population according to the last |
preceding
federal census.
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(1) In case there is one or more municipalities having |
a population
of 5,000 or more within the district, the |
trustees shall be appointed as
follows:
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(a) In districts organized prior to July 1, 1961, |
where there is
only one such municipality, 3 trustees |
shall be appointed from such
municipality, and one |
trustee shall be appointed from the area within
the |
district outside of such municipality, and one trustee |
shall be
appointed at large. In districts organized on |
and after July 1, 1961,
where there is only one such |
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municipality one trustee shall be appointed
from such |
municipality, and one trustee shall be appointed from |
each
county in the district, except that where
the |
district is wholly contained within a single county, |
one trustee shall
be appointed from that county and |
one additional trustee shall be appointed
from the |
municipality, and, in any case, 2 trustees shall be
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appointed at large. A trustee appointed from a county |
in the district
shall be appointed from the area |
outside any such
municipality. If the district is |
located wholly within the corporate
limits of such |
municipality, 3 of the trustees of the district shall |
be
appointed from such municipality, and 2 trustees |
shall be appointed at
large. In a district wholly |
contained within a single county of between
60,500 and |
70,000 population and having no more than one |
municipality of 5,000
or more population, regardless |
of the date of organization, 3 trustees shall be
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appointed from that municipality, 2 trustees shall be |
appointed from the
district outside that municipality, |
and 2 trustees shall be appointed at
large. No more |
than 2 appointments by each appointing authority may |
be from the
same political party.
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In the case of the Saline Valley Conservancy |
District, in addition to the other trustees as |
provided in this subsection (a), the mayor of each |
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municipality with a population of 2,000 to 4,999 that |
purchases water from the District may appoint one |
member to the Board of Trustees beginning July 1, 2023 |
for a 5-year term, and the member shall serve until the |
trustee's successor is appointed and qualified or the |
municipality no longer purchases water from the |
District. A vacancy shall be filled by the mayor of the |
municipality for the remainder of the term.
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(b) Where there are 2 or more such municipalities, |
one trustee shall
be appointed from each such |
municipality, one trustee shall be appointed
from each |
county in the district for each 50,000 population or |
part
thereof within the district in such county |
according to the last
preceding federal census, and 2 |
trustees shall be appointed at large. A
trustee |
appointed from a county in the district shall be |
appointed from
the area outside any such municipality. |
If the district is located
wholly within the corporate |
limits of such municipalities, 2 trustees
shall be |
appointed from the one of such municipalities having |
the
largest population, and one trustee shall be |
appointed from each of the
other such municipalities, |
and 2 trustees shall be appointed at large.
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(c) Trustees representing the area within the |
district located
outside of any municipality having |
5,000 or more population and trustees
appointed at |
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large when the district is wholly contained within a |
single
county shall be appointed by the presiding |
officer of the county board
with the advice and |
consent of the county board and any trustee
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representing the area within any such municipality |
shall be appointed by
its presiding officer. If |
however the district is located in more than
one |
county, any trustee representing the area within a |
district located
outside of any municipality having |
5,000 or more population and any
trustee at large |
shall be appointed by a majority vote of the presiding
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officers of the county boards of the counties which |
encompass any part
of the district, except that no |
such appointment shall affect the term
of any trustee |
in office on the effective date of this amendatory Act |
of
1977. Any trustee representing the area within any |
such municipality
shall be appointed by its presiding |
officer.
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(d) A trustee representing the area within any |
such municipality
shall reside within its corporate |
limits. A trustee representing the
area within the |
district and located outside of any such municipality
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shall reside within such area. A trustee appointed at |
large may reside
either within or without any such |
municipality but must reside within
the territory of |
the district. Should any trustee cease to reside
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within that part of the territory he represents, then |
his office shall
be deemed vacated, and shall be |
filled by appointment for the remainder
of the term as |
hereinafter provided.
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(2) In case there are no municipalities having a |
population of 5,000
or more within such district located |
wholly within a single county, the
statement required by |
Section 1 shall include such finding, and in such
case the |
Board shall consist of 5 trustees who shall be appointed |
at
large by the presiding officer of the county board with |
the advice and
consent of the county board. If however the |
district is located in more
than one county, the trustees |
at large shall be appointed by a majority
vote of the |
presiding officers of the county boards of the counties
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which encompass any portion of the district, but any |
trustee in office
on the effective date of this amendatory |
Act of 1977 shall be permitted
to serve out the remainder |
of his term. Each such trustee shall reside
within the |
district and shall continue to reside therein.
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(3) All initial appointments of trustees shall be made |
within 60
days after the determination of the result of |
the election. Each
appointment shall be in writing and |
shall be filed and made a matter of
record in the office of |
the county clerk wherein the organization
proceedings were |
filed. A trustee shall qualify within 10 days after
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appointment by acceptance and the taking of the |
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constitutional oath of
office, both to be in writing and |
similarly filed for record in the
office of such county |
clerk. Members initially appointed to the board
of |
trustees of such district shall serve from date of |
appointment for 1,
2, 3, 4 and 5 years and shall draw lots |
to determine the periods for
which they each shall serve. |
In case there are more than 5 trustees,
lots shall be drawn |
so that 5 trustees shall serve initial terms of 1,
2, 3, 4 |
and 5 years and the other trustees shall serve terms of 1, |
2, 3,
4 or 5 years as the number of trustees shall require |
and the drawing of
lots shall determine. The successors of |
all such initial members of the
board of trustees of a |
river conservancy district shall serve for terms
of 5 |
years, all such appointments and appointments to fill |
vacancies
shall be made in like manner as in the case of |
the initial trustees. A
trustee having been duly appointed |
shall continue to serve after the
expiration of his term |
until his successor has been appointed.
Each trustee |
initially appointed in accordance with this amendatory Act |
of
1995 shall serve a term of 3 or 5 years as determined by |
lot.
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(4) Should a municipality which is wholly within a |
district attain,
or should such a municipality be |
established, having a population of
5,000 or more after |
the entry of the statement by the circuit court, the
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presiding officer of such municipality may petition the |
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circuit court of
the county in which such municipality |
lies for an order finding and
determining the population |
of such municipality and, if it is found and
determined |
upon the hearing of such petition that the population of |
such
municipality is 5,000 or more, the board of trustees |
of such district as
previously established shall be |
increased by one trustee who shall
reside within the |
corporate limits of such municipality and shall be
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appointed by its presiding officer. The initial trustee so |
appointed
shall serve for a term of 1, 2, 3, 4 or 5 years, |
as may be determined by
lot, and his successors shall be |
similarly appointed and shall serve for
terms of 5 years. |
All provisions of this Section applicable to trustees
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representing municipal areas shall apply to any such |
trustee, including
paragraph 5.
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(5) Should the foregoing provisions respecting the |
appointment of
trustees representing the area within any |
municipality of 5,000 or more
population be invalid when |
applied to any situation, then as to such
situation any |
such provision shall be deemed to be excised from this
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Act, and the trustee whose appointment is thus affected |
shall be
appointed at large by the presiding officer of |
the county board with the
advice and consent of the county |
board except if the district embraces
more than one county |
in which case the trustees shall be appointed at
large by a |
majority vote of the presiding officers of the county |
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boards
of the counties which encompass any portion of the |
district. |
(6) In the case of a board representing a district |
that embraces Franklin and Jefferson counties, a trustee |
may be removed for incompetence, neglect of duty, or |
malfeasance in office by the appropriate appointing |
presiding officer or officers, without the advice and |
consent of the corporate authorities, by filing a written |
order of removal with the appropriate county or municipal |
clerk or clerks.
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(7) Notwithstanding any other provision of law to the |
contrary, in the case of a board representing a district |
that embraces Franklin and Jefferson counties, the terms |
of all trustees shall end on the effective date of this |
amendatory Act of the 94th General Assembly. Beginning on |
that date, the board shall consist of 7 trustees. The 7 |
trustees initially appointed pursuant to
this
amendatory |
Act of the 94th General Assembly shall be appointed in the |
same manner as otherwise provided in this Section by the |
appropriate appointing authority and shall serve the |
following terms, as determined by lot: (i) 2 trustees |
shall serve until July 1, 2006; (ii) 2 trustees shall |
serve until July 1, 2007; (iii) one trustee shall serve |
until July 1, 2008; (iv) one trustee shall serve until |
July 1, 2009; and (v) one trustee shall serve until July 1, |
2010. Upon expiration of the terms of the trustees |
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initially appointed
under this amendatory Act of the 94th |
General Assembly, their respective successors shall be
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appointed for terms of 5 years, beginning on July 1 of the |
year in which the previous term expires and until their |
respective successors are appointed and qualified. After |
the appointment of the trustees initially appointed |
pursuant to this amendatory Act of the 94th General |
Assembly, the number of trustees on the board may be |
increased in accordance with subsection (4).
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(Source: P.A. 94-64, eff. 6-21-05.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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