093_HB1514ham001











                                     LRB093 08135 BDD 11591 a

 1                    AMENDMENT TO HOUSE BILL 1514

 2        AMENDMENT NO.     .  Amend House Bill 1514  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Conservation District Act is amended by
 5    changing Sections 5 and 6 as follows:

 6        (70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
 7        Sec. 5.  Board of trustees.
 8        (a)  The affairs of  a  conservation  district  shall  be
 9    managed  by  a  board  consisting  which  shall  consist of 5
10    trustees, except as otherwise provided in  this  Section.  If
11    the  boundaries  of  the  district  are  coextensive with the
12    boundaries of one county, the trustees shall be residents  of
13    that  county. If the district embraces 2 counties, 3 trustees
14    shall be residents of the county with the  larger  population
15    and 2 trustees shall be residents of the other county. If the
16    district embraces 3 counties, one trustee shall be a resident
17    of  the  county  with the smallest population and each of the
18    other  counties  shall  have  2  resident  trustees.  If  the
19    district embraces 4 counties, 2 trustees shall  be  residents
20    of  the  county  with  the largest population and each of the
21    other counties  shall  have  one  resident  trustee.  If  the
22    district  embraces  5  counties,  each  county shall have one
 
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 1    resident trustee.
 2        (b)  A district that is entirely within a county of under
 3    300,000 inhabitants and contiguous to a county of  more  than
 4    2,000,000 inhabitants and that is authorized by referendum as
 5    provided   in   subsection   (d)   of  Section  15  to  incur
 6    indebtedness over 0.575% but not to exceed 1.725% shall  have
 7    a  board  consisting  of  7  trustees,  all  of whom shall be
 8    residents of the county.  The additional 2 trustees shall  be
 9    appointed  by  the  chairman  of  the  county board, with the
10    consent of the county board, and shall hold office for  terms
11    expiring  on  June  30 as follows:  one trustee after 4 years
12    and  one  trustee  after  5  years  from  the  date  of   the
13    referendum.   Successor  trustees  shall  be appointed in the
14    same manner no later than June 1 before the  commencement  of
15    the term of the trustee.
16        (c)  Trustees  shall  be  qualified  voters  of  the such
17    district who do not hold any other public office and are  not
18    officers  of  any  political party. Trustees, if nominated by
19    the county board chairman as hereinafter provided,  shall  be
20    selected  on  the basis of their demonstrated interest in the
21    purpose of conservation districts.
22        (d)  If the trustees are appointed, the chairman  of  the
23    county  board  for  the  county  of  which  the  trustee is a
24    resident shall, with the consent of the county board of  that
25    county,  appoint the first trustees who shall hold office for
26    terms expiring on June 30 after one, 2,  3,  4,  and  5  year
27    periods   respectively   as  determined  and  fixed  by  lot.
28    Thereafter, successor appointed trustees shall  be  appointed
29    for a term of 5-years in the same manner no later than June 1
30    prior to the commencement of term of the trustee. If the term
31    of  office  of any appointed trustee expires before the first
32    election of trustees under subsection  (i)  after  referendum
33    approval  of  elected  trustees,  the  chairman of the county
34    board who appointed that trustee under this subsection  shall
 
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 1    appoint a successor to serve until a successor is elected and
 2    has qualified.
 3        (e)  When  a  vacancy  occurs  in  the office of trustee,
 4    whether by death, resignation, refusal to qualify, no  longer
 5    being  a  qualified  voter  of the district, or for any other
 6    reason, the board of trustees shall declare  that  a  vacancy
 7    exists.  The  vacancy  shall  be  filled within 60 days. Each
 8    successor trustee shall serve  for  a  term  of  5  years.  A
 9    vacancy  occurring  otherwise than by expiration of term, for
10    appointed trustees, shall be filled for the unexpired term by
11    appointment of a trustee by the county board chairman of  the
12    county  of  which  the  trustee shall be a resident, with the
13    approval of the county board of that county. An  appointed  A
14    trustee  who  has served a full term of 5 years is ineligible
15    to serve as a trustee for a period of one year following  the
16    expiration  of  his  or  her  term. In the case of an elected
17    trustee, appointment of an eligible person shall  be  by  the
18    president  of  the  board  of  trustees  with  the advice and
19    consent of the other trustees.  The appointee shall serve the
20    remainder of the unexpired term. If, however,  more  than  28
21    months  remain  in  the  term  of the elected trustee and the
22    vacancy occurs at least 182  days  before  the  next  general
23    election,  the  appointment  shall  be until the next general
24    election, at which time the vacated  office  of  the  elected
25    trustee  shall be filled by election for the remainder of the
26    term.
27        If a vacancy occurs in the office  of  president  of  the
28    board of trustees, the remaining trustees shall select one of
29    their  number  to  serve  as president for the balance of the
30    unexpired term of the president in whose office  the  vacancy
31    occurred.
32        When  any  trustee during his or her term of office shall
33    cease to be a bona fide resident of the  district,  or  shall
34    move  from  one  township  or  congressional  township in the
 
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 1    district  to  another  so   that   the   township   residency
 2    requirements  of  this  Section are no longer met, then he or
 3    she is disqualified as a trustee and the his  office  becomes
 4    vacant.  If  the  district  has  decided  to elect or appoint
 5    trustees from single  member  subdistricts  under  subsection
 6    (i),  then  when any trustee during his or her term of office
 7    shall cease to be a bona fide resident of the subdistrict  he
 8    or  she  is  disqualified as a trustee and the office becomes
 9    vacant.
10        (f)  Trustees shall serve without compensation,  but  may
11    be  paid  their actual and necessary expenses incurred in the
12    performance of their official duties.
13        (g)  An appointed A trustee may be removed for  cause  by
14    the county board chairman for the county of which the trustee
15    is  a resident, with the approval of the county board of that
16    county, but every such removal shall be by  a  written  order
17    and, which shall be filed with the county clerk.
18        (h)  A   conservation   district   with  5  trustees  may
19    determine by majority vote of the board to increase the  size
20    of  the  board  to  7  trustees.   With respect to a 7-member
21    board, no more  than  3  members  may  be  residents  of  any
22    township  in  a  county under township organization or of any
23    congressional  township  in  a  county  not  under   township
24    organization.  In the case of a 7-member board representing a
25    district that  embraces  2  counties,  4  trustees  shall  be
26    residents  of  the  county  with  the larger population and 3
27    trustees shall be residents of  the  other  county.   If  the
28    district  embraces  3 counties, 2 trustees shall be residents
29    of each of the 2 counties with the  smallest  population  and
30    the  largest  county  shall have 3 resident trustees.  If the
31    district embraces 4 counties, one trustee shall be a resident
32    of the county with the smallest population and  each  of  the
33    other  counties  shall  have  2  resident  trustees.   If the
34    district embraces 5 counties, the 2 counties with the largest
 
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 1    population shall each have 2 resident trustees  and  each  of
 2    the  other  counties  shall  have  one resident trustee.  The
 3    pertinent appointing authorities shall appoint the additional
 4    2 trustees to initial terms as equally staggered as  possible
 5    from  the  terms  of the trustees already appointed from that
 6    township or county so that 2 trustees representing  the  same
 7    area shall not be succeeded in the same year.
 8        (i)  a  conservation district may determine by referendum
 9    (i) to have an elected or appointed board of  trustees,  (ii)
10    to have a board of trustees with 5 or 7 members, and (iii) to
11    have   trustees   chosen   at  large  or  from  single-member
12    subdistricts.  A referendum may be placed on  the  ballot  in
13    the following manner:
14             (1)  If   the   boundaries   of   the  district  are
15        coextensive with the boundaries of a single  county,  the
16        county  board  may determine by the ordinance to hold the
17        referendum; or
18             If the boundaries of the district  are  embraced  by
19        more  than  one  county,  then  the  county board of each
20        county  in  the  district,  jointly,  may  determine   by
21        ordinance to hold the referendum; or
22             (3)  A  petition  singed  by not less than 5% of the
23        electors of the entire district may be submitted  to  the
24        board  of  trustees  requiring  the  district to hold the
25        referendum.
26        The secretary of the board of trustees shall certify  the
27    proposition to the appropriate election authorities who shall
28    submit  the proposition at a consolidated or general election
29    according to the Election  Code.  The  Election   Code  shall
30    apply to and govern the election. The proposition shall be in
31    substantially the following form:
32             Shall  the  (insert name) Conservation District have
33        an (insert "elected" or "appointed")  board  of  trustees
34        with  (insert  "5"  or  "7") trustees chosen  (insert "at
 
                            -6-      LRB093 08135 BDD 11591 a
 1        large" or "from single member subdistricts")?
 2    The votes shall be recorded as "Yes" or "No".
 3        If a majority of the votes cast on the proposition are in
 4    the  affirmative,  the  trustees  of   the   district   shall
 5    thereafter  be  chosen  as provided in this paragraph. At the
 6    next consolidated election, a district that  has  decided  by
 7    referendum to have its trustees elected rather than appointed
 8    shall  elect  5 or 7 trustees as provided in the ordinance or
 9    petition and  in  the  proposition.  The  trustees  shall  be
10    elected on a nonpartisan basis. The provisions of the general
11    election  law  shall  apply  to and govern the nomination and
12    election of the trustees.
13             (1)  If the district has decided to elect or appoint
14        at large trustees, then with respect to a 5-member board,
15        the residency of members shall be the same as  prescribed
16        in subsection (a).
17             With  respect  to  a  7-member board, no more than 3
18        members may be residents of the same township in a county
19        under township organization or of the same  congressional
20        township  in a county not under township organization. In
21        the case of a 7-member board representing a district that
22        embraces 2 counties, 4 trustees shall be residents of the
23        county with the larger population and 3 trustees shall be
24        residents of the other county.  If the district  embraces
25        3  counties, 2 trustees shall be residents of each of the
26        2 counties with the smallest population and  the  largest
27        county  shall  have 3 resident trustees.  If the district
28        embraces 4 counties, one trustee shall be a  resident  of
29        the  county  with the smallest population and each of the
30        other counties shall have 2 resident  trustees.   If  the
31        district  embraces  5  counties,  the 2 counties with the
32        largest population shall each have  2  resident  trustees
33        and  each  of  the other counties shall have one resident
34        trustee.
 
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 1             (2)  If the district has decided to elect or appoint
 2        trustees  from  single  member  subdistricts,  then  with
 3        respect to a 5-member board of  a  district  embracing  a
 4        single  county,  the  county  board  shall  apportion the
 5        district into 5 subdistricts.  One  trustee  shall  be  a
 6        resident  of  and elected or appointed from each of the 5
 7        subdistricts.  In the case  of  a  5-member  board  of  a
 8        district  embracing  more than one county, the members of
 9        each county board shall, jointly, apportion the  district
10        into  5 subdistricts.  One trustee shall be a resident of
11        and elected or appointed from each of the 5 subdistricts.
12        The initial subdistricts shall be apportioned  within  90
13        days   after   the   referendum   is  approved,  and  the
14        subdistricts shall be reapportioned after each  decennial
15        census.
16             With  respect  to  a  7-member  board  of a district
17        embracing  a  single  county,  the  county  board   shall
18        apportion  the district into 7 subdistricts.  One trustee
19        shall be a resident of and elected or appointed from each
20        of the 7 subdistricts.  In the case of a  7-member  board
21        of a district embracing more than one county, the members
22        of  each  county  board  shall,  jointly,  apportion  the
23        district  into  7  subdistricts.   One trustee shall be a
24        resident of and elected or appointed from each of  the  7
25        subdistricts.   The   initial   subdistricts   shall   be
26        apportioned  within  90  days  after  the  referendum  is
27        approved,  and  the  subdistricts  shall be reapportioned
28        after each decennial census.
29        (j)  When a conservation district determines to elect  or
30    appoint  trustees as provided in subsection (i), the terms of
31    these trustees shall commence on the first Monday of December
32    following the election.  The terms of all trustees previously
33    appointed or elected under this Section shall expire  on  the
34    first Monday of December following the first election.
 
                            -8-      LRB093 08135 BDD 11591 a
 1             (1)  If the district has decided to elect or appoint
 2        at  large  trustees,  then  the  initial elected board of
 3        trustees shall,  no  later  than  45  days  after  taking
 4        office,  divide  themselves publicly by lot as equally as
 5        possible into 2 groups.   Trustees  or  their  successors
 6        from  the  larger group shall serve for terms of 4 years;
 7        the initial elected trustees from the second group  shall
 8        serve for terms of 2 years, and their successors shall be
 9        elected for terms of 4 years.
10             (2)  If the district has decided to elect or appoint
11        trustees   from  single  member  subdistricts,  then  the
12        members of the initial elected board of trustees and each
13        subsequent board elected prior  to  the  first  decennial
14        census  following  the  initial  apportionment  shall  be
15        elected  to a term of 2 years.  In the year following the
16        first  decennial  census  occurring  after  the   initial
17        apportionment  and  in the year following each subsequent
18        decennial census,  the  5  or  7  subdistricts  shall  be
19        reapportioned  to reflect the results of the census.  The
20        board of trustees elected in the first election following
21        a decennial census shall, no later  than  45  days  after
22        taking  office,  divide  themselves  publicly  by  lot as
23        equally as possible into 3  groups.   Trustees  or  their
24        successors  from one group shall be elected to terms of 4
25        years,  4  years,  and  2  years.   Trustees   or   their
26        successors  from  the  second  group  shall be elected to
27        terms of 4 years, 2 years, and 4 years.  The  trustee  or
28        successors from the third group shall be elected to terms
29        of 2 years, 4 years, and 4 years.
30    (Source: P.A. 90-195, eff. 7-24-97; 91-629, eff. 8-19-99.)

31        (70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
32        Sec.  6.  Officers  and  employees.   As soon as possible
33    after the initial election or the  initial  appointments,  as
 
                            -9-      LRB093 08135 BDD 11591 a
 1    the  case  may  be  Within 60 days after their selection, the
 2    trustees shall organize by selecting  from  their  members  a
 3    president,  secretary,  treasurer, and such other officers as
 4    are deemed necessary, who shall hold office for  2  years  in
 5    the  case  of  an  elected board, or the fiscal year in which
 6    elected in the case of an appointed board,  and  until  their
 7    successors  are  selected  and qualify.  Three trustees shall
 8    constitute a quorum of  the  board  for  the  transaction  of
 9    business if the district has 5 trustees.  If the district has
10    7 trustees, 4 trustees shall constitute a quorum of the board
11    for  the  transaction  of  business.   The  board  shall hold
12    regular monthly meetings.  Special meetings may be called  by
13    the  president  and  shall  be  called  on  the  request of a
14    majority of members, as may be required.
15        The board shall provide for the proper and  safe  keeping
16    of  its  permanent  records  and  for  the  recording  of the
17    corporate action of the district.  It  shall  keep  a  proper
18    system  of accounts showing a true and accurate record of its
19    receipts and disbursements, and  it  shall  cause  an  annual
20    audit to be made of its books, records, and accounts.
21        The  records  of  the district shall be subject to public
22    inspection at all reasonable hours and under such regulations
23    as the board may prescribe.
24        The district shall annually  make  a  full  and  complete
25    report to the county board of each county within the district
26    and   to   the   Department   of  Natural  Resources  of  its
27    transactions and operations for the preceding year.  The Such
28    report shall  contain  a  full  statement  of  its  receipts,
29    disbursements,  and  the  program  of  work  for  the  period
30    covered,  and  may  include  such  recommendations  as may be
31    deemed advisable.
32        Executive or ministerial duties may be delegated  to  one
33    or  more  trustees  or  to  an  authorized officer, employee,
34    agent, attorney, or other representative of the district.
 
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 1        All officers  and  employees  authorized  to  receive  or
 2    retain  the  custody  of  money  or to sign vouchers, checks,
 3    warrants, or  evidences  of  indebtedness  binding  upon  the
 4    district   shall   furnish   surety  bond  for  the  faithful
 5    performance of their duties and the faithful  accounting  for
 6    all  moneys that may come into their hands in an amount to be
 7    fixed and in a form to be approved by the board.
 8        All contracts for supplies, material, or  work  involving
 9    an  expenditure  in  excess  of  $10,000  shall be let to the
10    lowest responsible bidder, after due advertisement, excepting
11    work requiring  personal  confidence  or  necessary  supplies
12    under the control of monopolies, where competitive bidding is
13    impossible.  All  contracts  for  supplies, material, or work
14    shall be signed by the president of the board and by any such
15    other officer as the board in its discretion may designate.
16    (Source: P.A. 89-445, eff. 2-7-96.)

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