Public Act 103-0079
 
SB1098 EnrolledLRB103 05533 AWJ 50552 b


  
    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 
        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 
        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 
        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

        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 
    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 
    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 
    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 
    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.