Bill Text: IL SB2814 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Sanitary District Act of 1917. Provides that the district's board of trustees shall be selected from the district's corporate boundaries (currently, they are selected from the county in which the district is located). Effective immediately.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0828 [SB2814 Detail]
Download: Illinois-2013-SB2814-Engrossed.html
Bill Title: Amends the Sanitary District Act of 1917. Provides that the district's board of trustees shall be selected from the district's corporate boundaries (currently, they are selected from the county in which the district is located). Effective immediately.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0828 [SB2814 Detail]
Download: Illinois-2013-SB2814-Engrossed.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,
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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 is | ||||||
21 | located wholly within a single county, the
presiding | ||||||
22 | officer of the county board, with the advice and consent of
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23 | the county board, shall appoint the trustees for the |
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1 | district;
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2 | (2) If the district 's corporate boundaries are is | ||||||
3 | located in more than one county, the members
of the General | ||||||
4 | Assembly whose legislative districts encompass any
portion | ||||||
5 | of the district shall appoint the trustees for the | ||||||
6 | district.
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7 | In any sanitary district which shall have a 3 member board | ||||||
8 | of trustees,
within 60 days after the adoption of such act, the | ||||||
9 | appropriate
appointing authority shall appoint three trustees | ||||||
10 | not more than 2 of
whom shall be from one incorporated city, | ||||||
11 | town or village in districts
in which are included 2 or more | ||||||
12 | incorporated cities, towns or villages,
or parts of 2 or more | ||||||
13 | incorporated cities, towns or villages, who shall
hold their | ||||||
14 | office respectively for 1, 2 and 3 years, from the first
Monday | ||||||
15 | of May next after their appointment and until their successors
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16 | are appointed and have qualified, and thereafter on or before | ||||||
17 | the second
Monday in April of each year the appropriate | ||||||
18 | appointing authority shall
appoint one trustee whose term shall | ||||||
19 | be for 3 years commencing the first
Monday in May of the year | ||||||
20 | in which he is appointed. The
length of the term of the first | ||||||
21 | trustees shall be determined by lot at
their first meeting.
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22 | In the case of any sanitary district created after January | ||||||
23 | 1, 1978 in which
a 5 member board of trustees is required, the | ||||||
24 | appropriate appointing authority
shall appoint 5 trustees, one | ||||||
25 | of whom shall hold office for one year, two
of whom shall hold | ||||||
26 | office for 2 years, and 2 of whom shall hold office for
3 years |
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1 | from the first Monday of May next after their respective | ||||||
2 | appointments
and until their successors are appointed and have | ||||||
3 | qualified. Thereafter,
on or before the second Monday in April | ||||||
4 | of each year the appropriate
appointing authority shall appoint | ||||||
5 | one trustee or 2 trustees, as shall be
necessary to maintain a | ||||||
6 | 5 member board of trustees, whose terms shall be for 3
years
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7 | commencing the first Monday in May of the year in which they | ||||||
8 | are respectively
appointed. The length of the terms of the | ||||||
9 | first trustees shall be determined
by lot at their first | ||||||
10 | meeting.
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11 | In any sanitary district created prior to January 1, 1978 | ||||||
12 | in which a
5 member board of trustees is required as of January | ||||||
13 | 1, 1978,
the two trustees already serving terms which do not | ||||||
14 | expire on May 1, 1978
shall continue to hold office for the | ||||||
15 | remainders of their respective terms,
and 3 trustees shall be | ||||||
16 | appointed by the appropriate appointing authority
by April 10, | ||||||
17 | 1978 and shall hold office for terms beginning May 1, 1978.
Of | ||||||
18 | the three new trustees, one shall hold office for 2 years and 2 | ||||||
19 | shall
hold office for 3 years from May 1, 1978 and until their | ||||||
20 | successors are
appointed and have qualified. Thereafter, on or | ||||||
21 | before the second Monday
in April of each year the appropriate | ||||||
22 | appointing authority shall appoint
one trustee or 2 trustees, | ||||||
23 | as shall be necessary to maintain a 5 member
board of trustees, | ||||||
24 | whose terms shall be for 3 years commencing the first
Monday in | ||||||
25 | May of the year in which they are respectively appointed. The
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26 | lengths of the terms of the trustees who are to hold office |
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1 | beginning May
1, 1978 shall be determined by lot at their first | ||||||
2 | meeting after May 1, 1978.
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3 | No more than 3 members of a 5 member board of trustees may | ||||||
4 | be of the same
political party; except that in any sanitary | ||||||
5 | district which otherwise
meets the requirements of this Section | ||||||
6 | and which lies within 4 counties of the
State of Illinois or, | ||||||
7 | prior to April 30, 2008, in the Fox River Water Reclamation | ||||||
8 | District; the
appointments of the 5 members of the board of | ||||||
9 | trustees
shall be made without regard to political party. | ||||||
10 | Beginning with the appointments made on April 30, 2008, all | ||||||
11 | appointments to the board of trustees of the Fox River Water | ||||||
12 | Reclamation District shall be made so that no more than 3 of | ||||||
13 | the 5 members are from the same political party.
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14 | Within 60 days after the release of Federal census | ||||||
15 | statistics showing that
a sanitary district having a 3 member | ||||||
16 | board of trustees contains one
or more municipalities with a | ||||||
17 | population over 90,000 but less than 500,000,
or, for the | ||||||
18 | Northern Moraine Wastewater Reclamation District, within 60 | ||||||
19 | days after the effective date of this amendatory Act of the | ||||||
20 | 95th General Assembly, the appropriate appointing authority | ||||||
21 | shall appoint 2 additional trustees
to the board of trustees, | ||||||
22 | one to hold office for 2 years and one to hold
office for 3 | ||||||
23 | years from the first Monday of May next after their appointment
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24 | and until their successors are appointed and have qualified. | ||||||
25 | The lengths
of the terms of these two additional members shall | ||||||
26 | be determined by lot
at the first meeting of the board of |
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1 | trustees held after the additional
members take office. The | ||||||
2 | three trustees already holding office in the sanitary
district | ||||||
3 | shall continue
to hold office for the remainders of their | ||||||
4 | respective terms. Thereafter,
on or before the second Monday in | ||||||
5 | April of each year the appropriate appointing
authority shall | ||||||
6 | appoint one trustee or 2 trustees, as shall be necessary
to | ||||||
7 | maintain a 5 member board of trustees, whose terms shall be for | ||||||
8 | 3 years
commencing the first Monday in May of the year in which | ||||||
9 | they are respectively
appointed.
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10 | If any sanitary district having a 5 member board of | ||||||
11 | trustees shall cease
to contain one or more municipalities with | ||||||
12 | a population over 90,000 but
less than 500,000 according to the | ||||||
13 | most recent Federal census, then, for
so long as that sanitary | ||||||
14 | district does not contain one or more such
municipalities,
on | ||||||
15 | or before the second Monday in April of each year the | ||||||
16 | appropriate appointing
authority shall
appoint one trustee | ||||||
17 | whose term shall be for 3 years commencing the first
Monday in | ||||||
18 | May of the year in which he is appointed. In districts which
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19 | include 2 or more incorporated cities, towns, or villages, or | ||||||
20 | parts of 2
or more incorporated cities, towns, or villages, all | ||||||
21 | of the trustees shall
not be from one incorporated city, town | ||||||
22 | or village.
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23 | If a vacancy occurs on any board of trustees, the | ||||||
24 | appropriate appointing
authority shall within 60 days appoint a | ||||||
25 | trustee who shall hold office for
the remainder of the vacated | ||||||
26 | term.
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1 | The appointing authority shall require each of the trustees | ||||||
2 | to enter
into bond, with security to be approved by the | ||||||
3 | appointing authority, in
such sum as the appointing authority | ||||||
4 | may determine.
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5 | A majority of the board of trustees shall constitute a | ||||||
6 | quorum but a
smaller number may adjourn from day to day. No | ||||||
7 | trustee or employee of
such district shall be directly or | ||||||
8 | indirectly interested in any
contract, work or business of the | ||||||
9 | district, or the sale of any article,
the expense, price or | ||||||
10 | consideration of which is paid by such district;
nor in the | ||||||
11 | purchase of any real estate or property belonging to the
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12 | district, or which shall be sold for taxes or assessments, or | ||||||
13 | by virtue
of legal process at the suit of the district. | ||||||
14 | Provided, that nothing
herein shall be construed as prohibiting | ||||||
15 | the appointment or selection of
any person as trustee or | ||||||
16 | employee whose only interest in the district is
as owner of | ||||||
17 | real estate in the district or of contributing to the
payment | ||||||
18 | of taxes levied by the district. The trustees shall have the
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19 | power to provide and adopt a corporate seal for the district.
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20 | Notwithstanding any other provision in this Section, in any | ||||||
21 | sanitary
district created prior to the effective date of this | ||||||
22 | amendatory Act of
1985, in which a five member board of | ||||||
23 | trustees has been appointed and which
currently includes one or | ||||||
24 | more municipalities with a population of over
90,000 but less | ||||||
25 | than 500,000, the board of trustees shall consist of five
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26 | members. |
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1 | Except as otherwise provided for vacancies, in the event | ||||||
2 | that the appropriate appointing authority fails to appoint a | ||||||
3 | trustee under this Section, the appropriate appointing | ||||||
4 | authority shall reconvene and appoint a successor on or before | ||||||
5 | July 1 of that year.
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6 | (Source: P.A. 98-407, eff. 1-1-14.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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