Bill Text: IL SB1098 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the River Conservancy Districts Act. Provides that, in addition to the trustees appointed to the Saline Valley Conservancy District Board of Trustees, the mayor of each 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. Provides that a vacancy shall be filled by the mayor of the municipality for the remainder of the term. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0079 [SB1098 Detail]

Download: Illinois-2023-SB1098-Enrolled.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The River Conservancy Districts Act is amended
by changing Section 4a and by adding Section 4c as follows:
(70 ILCS 2105/4a) (from Ch. 42, par. 386a)
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.
(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:
(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
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
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.
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.
(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.
(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
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
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.
(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
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.
(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
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.
(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
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.
(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
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
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
representing municipal areas shall apply to any such
trustee, including paragraph 5.
(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
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.
(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
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).
(Source: P.A. 94-64, eff. 6-21-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.