Bill Text: IL SB2186 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the River Conservancy Districts Act. Provides that a trustee on a board representing a river conservancy district that embraces Jackson County 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2186 Detail]

Download: Illinois-2023-SB2186-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2186 Introduced 2/10/2023, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
70 ILCS 2105/4a from Ch. 42, par. 386a
Amends the River Conservancy Districts Act. Provides that a trustee on a board representing a river conservancy district that embraces Jackson County 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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A BILL FOR
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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 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 municipality

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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.
(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

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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 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

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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 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

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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 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

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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 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

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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 boards of the counties which encompass
any portion of the district.
(6) In the case of boards a board representing districts a
district that embrace Jackson County or 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

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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
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.)