HB1328 94TH GENERAL ASSEMBLY

LRB094 08303 AJO 38495 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1328

Introduced 02/09/05, by Rep. Robert Rita - Joseph M. Lyons

SYNOPSIS AS INTRODUCED:

70 ILCS 2605/3

from Ch. 42, par. 322

Amends the Metropolitan Water Reclamation District Act. Provides for the election of Metropolitan Water Reclamation District commissioners from the same subdistricts as members of the Cook County Board of Review. Phases in the election from the subdistricts at the 2006, 2008, and 2010 general elections. Authorizes cumulative voting for commissioners. Changes the terms of commissioners from 6 years to a combination of 4-year and 2-year terms. 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 5. The Metropolitan Water Reclamation District Act is amended by changing Section 3 as follows:

(70 ILCS 2605/3) (from Ch. 42, par. 322)

Sec. 3. The corporate authority of the Sanitary District of Chicago shall consist of 9 commissioners nine trustees. Commissioners shall be elected at the general election from the same geographical subdistricts from which members of the Cook County Board of Review are elected. No political party shall limit its nominations to less than 2 candidates for commissioner in any subdistrict. In electing commissioners, including those for nomination, each elector may cast 3 votes for one candidate or distribute them equally among no more than 3 candidates. The candidates highest in votes shall be declared elected.

Three commissioners shall be elected from the first subdistrict in 2006 for terms of 4 years and in 2010 for terms of 2 years.

Three commissioners shall be elected from the second subdistrict in 2008 for terms of 4 years.

Three commissioners shall be elected from the third subdistrict in 2010 for terms of 2 years.

Beginning with the election of commissioners in 2012, commissioners from the first subdistrict shall be elected for 4-year terms, 4-year terms, and 2-year terms; commissioners from the second subdistrict shall be elected for 4-year terms, 2-year terms, and 4-year terms; and commissioners from the third subdistrict shall be elected for 2-year terms, 4-year terms, and 4-year terms. Such trustees shall be elected for staggered terms at the election provided by the general election law. Three trustees shall be elected at each such election to succeed the 3 trustees whose terms expire in such year.

The commissioners Such trustees shall take office on the first Tuesday after the first Monday in the month following the month of their election and shall hold their offices for six years and until their successors shall be elected and qualified. In all elections for trustees each elector may vote for as many candidates as there are trustees to be elected, but no elector may give to such candidates more than one vote, it being the intent and purpose of this Act to prohibit cumulative voting in the selection of members of the board of the sanitary district.

The election of the commissioners trustees shall be in accordance with the provisions of the general election law.

By reason of the importance and character of the services performed by the sanitary district, there is a great need and it is in the public interest that those such services be performed in as near a non-partisan character as possible.

When a vacancy exists in the office of commissioner trustees of any sanitary district organized under the provisions hereof, the vacancy shall be filled by appointment by the Governor. If 28 or fewer months remain in the term of the vacant office, the appointment shall be for the remainder of the term. If more than 28 months remain in the term of the vacant office, the appointment shall be until the next general regular election at which a commissioner shall be trustees of the Sanitary District of Chicago are elected for the remainder of the term, and thereafter until a successor shall be elected and qualified.

The Such sanitary district shall from the time of the first election held by it under this Act be construed in all courts to be a body corporate and politic, and by the name and style of the sanitary district of...., and by such name and style may sue and be sued, contract and be contracted with, acquire and hold real estate and personal property necessary for corporate purposes, and adopt a common seal and alter the same at pleasure.

The board of commissioners trustees shall have the power to change the name of the Sanitary District of Chicago by ordinance and public notice without impairing the legal status of acts theretofore performed by said district. Thereafter any and all references to the Sanitary District of Chicago in this Act or otherwise shall mean and include the name under which such sanitary district is then operating. No rights, duties or privilege of such a sanitary district, or those of any person, existing before the change of name shall be affected by a change, in the name of a sanitary district. All proceedings pending in any court in favor of or against such sanitary district may continue to final consummation under the name in which they were commenced.

(Source: P.A. 83-345.)

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