Illinois General Assembly - Full Text of HB5732
Illinois General Assembly

Previous General Assemblies

Full Text of HB5732  98th General Assembly

HB5732eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB5732 EngrossedLRB098 18735 JLK 53878 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sanitary District Act of 1917 is amended by
5changing Section 3 as follows:
 
6    (70 ILCS 2405/3)  (from Ch. 42, par. 301)
7    Sec. 3. Board of trustees; creation; term. A board of
8trustees shall be created, consisting of 5 members in any
9sanitary district which includes one or more municipalities
10with a population of over 90,000 but less than 500,000
11according to the most recent Federal census, and consisting of
123 members in any other district. However, the board of trustees
13for the Fox River Water Reclamation District, the Sanitary
14District of Decatur, and the Northern Moraine Wastewater
15Reclamation District shall each consist of 5 members. Each
16board of trustees shall be created for the government, control
17and management of the affairs and business of each sanitary
18district organized under this Act shall be created in the
19following manner:
20        (1) If the district is located wholly within a single
21    county, the presiding officer of the county board, with the
22    advice and consent of the county board, shall appoint the
23    trustees for the district;

 

 

HB5732 Engrossed- 2 -LRB098 18735 JLK 53878 b

1        (2) If the district is located in more than one county,
2    the members of the General Assembly whose legislative
3    districts encompass any portion of the district shall
4    appoint the trustees for the district.
5    In any sanitary district which shall have a 3 member board
6of trustees, within 60 days after the adoption of such act, the
7appropriate appointing authority shall appoint three trustees
8not more than 2 of whom shall be from one incorporated city,
9town or village in districts in which are included 2 or more
10incorporated cities, towns or villages, or parts of 2 or more
11incorporated cities, towns or villages, who shall hold their
12office respectively for 1, 2 and 3 years, from the first Monday
13of May next after their appointment and until their successors
14are appointed and have qualified, and thereafter on or before
15the second Monday in April of each year the appropriate
16appointing authority shall appoint one trustee whose term shall
17be for 3 years commencing the first Monday in May of the year
18in which he is appointed. The length of the term of the first
19trustees shall be determined by lot at their first meeting.
20    In the case of any sanitary district created after January
211, 1978 in which a 5 member board of trustees is required, the
22appropriate appointing authority shall appoint 5 trustees, one
23of whom shall hold office for one year, two of whom shall hold
24office for 2 years, and 2 of whom shall hold office for 3 years
25from the first Monday of May next after their respective
26appointments and until their successors are appointed and have

 

 

HB5732 Engrossed- 3 -LRB098 18735 JLK 53878 b

1qualified. Thereafter, on or before the second Monday in April
2of each year the appropriate appointing authority shall appoint
3one trustee or 2 trustees, as shall be necessary to maintain a
45 member board of trustees, whose terms shall be for 3 years
5commencing the first Monday in May of the year in which they
6are respectively appointed. The length of the terms of the
7first trustees shall be determined by lot at their first
8meeting.
9    In any sanitary district created prior to January 1, 1978
10in which a 5 member board of trustees is required as of January
111, 1978, the two trustees already serving terms which do not
12expire on May 1, 1978 shall continue to hold office for the
13remainders of their respective terms, and 3 trustees shall be
14appointed by the appropriate appointing authority by April 10,
151978 and shall hold office for terms beginning May 1, 1978. Of
16the three new trustees, one shall hold office for 2 years and 2
17shall hold office for 3 years from May 1, 1978 and until their
18successors are appointed and have qualified. Thereafter, on or
19before the second Monday in April of each year the appropriate
20appointing authority shall appoint one trustee or 2 trustees,
21as shall be necessary to maintain a 5 member board of trustees,
22whose terms shall be for 3 years commencing the first Monday in
23May of the year in which they are respectively appointed. The
24lengths of the terms of the trustees who are to hold office
25beginning May 1, 1978 shall be determined by lot at their first
26meeting after May 1, 1978.

 

 

HB5732 Engrossed- 4 -LRB098 18735 JLK 53878 b

1    No more than 3 members of a 5 member board of trustees may
2be of the same political party; except that in any sanitary
3district which otherwise meets the requirements of this Section
4and which lies within 4 counties of the State of Illinois or,
5prior to April 30, 2008, in the Fox River Water Reclamation
6District; the appointments of the 5 members of the board of
7trustees shall be made without regard to political party.
8Beginning with the appointments made on April 30, 2008, all
9appointments to the board of trustees of the Fox River Water
10Reclamation District shall be made so that no more than 3 of
11the 5 members are from the same political party.
12Notwithstanding any other provision of law, beginning with the
13first appointment made on or after the effective date of this
14amendatory Act of the 98th General Assembly, all appointments
15to the board of the Fox Metro Water Reclamation District shall
16be made so that no more than 3 of the 5 members are from the
17same political party.
18    Within 60 days after the release of Federal census
19statistics showing that a sanitary district having a 3 member
20board of trustees contains one or more municipalities with a
21population over 90,000 but less than 500,000, or, for the
22Northern Moraine Wastewater Reclamation District, within 60
23days after the effective date of this amendatory Act of the
2495th General Assembly, the appropriate appointing authority
25shall appoint 2 additional trustees to the board of trustees,
26one to hold office for 2 years and one to hold office for 3

 

 

HB5732 Engrossed- 5 -LRB098 18735 JLK 53878 b

1years from the first Monday of May next after their appointment
2and until their successors are appointed and have qualified.
3The lengths of the terms of these two additional members shall
4be determined by lot at the first meeting of the board of
5trustees held after the additional members take office. The
6three trustees already holding office in the sanitary district
7shall continue to hold office for the remainders of their
8respective terms. Thereafter, on or before the second Monday in
9April of each year the appropriate appointing authority shall
10appoint one trustee or 2 trustees, as shall be necessary to
11maintain a 5 member board of trustees, whose terms shall be for
123 years commencing the first Monday in May of the year in which
13they are respectively appointed.
14    If any sanitary district having a 5 member board of
15trustees shall cease to contain one or more municipalities with
16a population over 90,000 but less than 500,000 according to the
17most recent Federal census, then, for so long as that sanitary
18district does not contain one or more such municipalities, on
19or before the second Monday in April of each year the
20appropriate appointing authority shall appoint one trustee
21whose term shall be for 3 years commencing the first Monday in
22May of the year in which he is appointed. In districts which
23include 2 or more incorporated cities, towns, or villages, or
24parts of 2 or more incorporated cities, towns, or villages, all
25of the trustees shall not be from one incorporated city, town
26or village.

 

 

HB5732 Engrossed- 6 -LRB098 18735 JLK 53878 b

1    If a vacancy occurs on any board of trustees, the
2appropriate appointing authority shall within 60 days appoint a
3trustee who shall hold office for the remainder of the vacated
4term.
5    The appointing authority shall require each of the trustees
6to enter into bond, with security to be approved by the
7appointing authority, in such sum as the appointing authority
8may determine.
9    A majority of the board of trustees shall constitute a
10quorum but a smaller number may adjourn from day to day. No
11trustee or employee of such district shall be directly or
12indirectly interested in any contract, work or business of the
13district, or the sale of any article, the expense, price or
14consideration of which is paid by such district; nor in the
15purchase of any real estate or property belonging to the
16district, or which shall be sold for taxes or assessments, or
17by virtue of legal process at the suit of the district.
18Provided, that nothing herein shall be construed as prohibiting
19the appointment or selection of any person as trustee or
20employee whose only interest in the district is as owner of
21real estate in the district or of contributing to the payment
22of taxes levied by the district. The trustees shall have the
23power to provide and adopt a corporate seal for the district.
24    Notwithstanding any other provision in this Section, in any
25sanitary district created prior to the effective date of this
26amendatory Act of 1985, in which a five member board of

 

 

HB5732 Engrossed- 7 -LRB098 18735 JLK 53878 b

1trustees has been appointed and which currently includes one or
2more municipalities with a population of over 90,000 but less
3than 500,000, the board of trustees shall consist of five
4members.
5    Except as otherwise provided for vacancies, in the event
6that the appropriate appointing authority fails to appoint a
7trustee under this Section, the appropriate appointing
8authority shall reconvene and appoint a successor on or before
9July 1 of that year.
10(Source: P.A. 98-407, eff. 1-1-14.)