HB3432 100TH GENERAL ASSEMBLY

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100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3432

Introduced , by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

New Act

Creates the Representative Special District Act. Provides that all members of a governing board of a special district with the authority to levy any tax or assessment must be elected and not appointed except due to death, disability, resignation, or other inability of a member to perform his or her duties. Provides for election procedures to elect members to replace appointed members. Further provides that an appointed member's term will terminate after his or her successor is elected and qualified. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Representative Special District Act.

Section 5. Definitions. As used in this Act:

"Governing board" means the board of trustees, board of commissioners, board of directors, or similar body governing a special district.

"Member" means a trustee, commissioner, director, or similar person elected or appointed to a governing board.

"Special district" means any political subdivision with the authority to levy any tax or assessment, other than a county, municipality, township, school district, or community college district.

Section 10. Appointments prohibited. Notwithstanding any law to the contrary, and except as provided for in this Act, on or after the effective date of this Act, no person may be appointed to a governing board of a special district and all members shall be elected by the electors of the special district. This Section shall not apply to appointments to replace a member of a governing board due to death, disability, resignation, or other inability of a member to perform his or her duties.

Section 15. Electing members of governing boards. Notwithstanding any law to the contrary, at the next regular election after the effective date of this Act, members will be elected to replace appointed members on the governing boards of all special districts. The elected members shall be elected as follows: 2 shall be elected for terms of 2 years, 2 for terms of 4 years, and one for a term of 6 years. Except as otherwise provided in Section 2A-54 of the Election Code, the term of each elected member shall commence on the third Monday of the month following the month of his or her election and until his or her successor is elected and qualified. The length of the terms of the members first elected shall be determined by lot at their first meeting. Thereafter, except as otherwise provided in Section 2A-54 of the Election Code, each member shall be elected to serve for a term of 4 years commencing on the third Monday of the month following the month of his or her election and until his or her successor is elected and qualified.

Section 20. Terms of appointed members. Notwithstanding any law to the contrary, appointed members shall continue to serve until the third Monday of the month following the month of the first election of members. If the term of office of any appointed member expires before his or her successor is elected and qualified, the authority which appointed that member shall appoint a successor to serve until a member is elected and qualified.

Section 99. Effective date. This Act takes effect upon becoming law.