Rep. Kurt M. Granberg

Filed: 3/2/2005

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 723

2     AMENDMENT NO. ______. Amend House Bill 723 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The River Conservancy Districts Act is amended
5 by changing Section 4a as follows:
 
6     (70 ILCS 2105/4a)  (from Ch. 42, par. 386a)
7     Sec. 4a. Every conservancy district so established shall be
8 governed by a board of trustees. In the statement finding the
9 results of the election to be favorable to the establishment of
10 the district, the circuit court shall determine and name each
11 municipality within the district having 5,000 or more
12 population according to the last preceding federal census.
13     (1) In case there is one or more municipalities having a
14 population of 5,000 or more within the district, the trustees
15 shall be appointed as follows:
16         (a) In districts organized prior to July 1, 1961, where
17     there is only one such municipality, 3 trustees shall be
18     appointed from such municipality, and one trustee shall be
19     appointed from the area within the district outside of such
20     municipality, and one trustee shall be appointed at large.
21     In districts organized on and after July 1, 1961, where
22     there is only one such municipality one trustee shall be
23     appointed from such municipality, and one trustee shall be
24     appointed from each county in the district, except that

 

 

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1     where the district is wholly contained within a single
2     county, one trustee shall be appointed from that county and
3     one additional trustee shall be appointed from the
4     municipality, and, in any case, 2 trustees shall be
5     appointed at large. A trustee appointed from a county in
6     the district shall be appointed from the area outside any
7     such municipality. If the district is located wholly within
8     the corporate limits of such municipality, 3 of the
9     trustees of the district shall be appointed from such
10     municipality, and 2 trustees shall be appointed at large.
11     In a district wholly contained within a single county of
12     between 60,500 and 70,000 population and having no more
13     than one municipality of 5,000 or more population,
14     regardless of the date of organization, 3 trustees shall be
15     appointed from that municipality, 2 trustees shall be
16     appointed from the district outside that municipality, and
17     2 trustees shall be appointed at large. No more than 2
18     appointments by each appointing authority may be from the
19     same political party.
20         (b) Where there are 2 or more such municipalities, one
21     trustee shall be appointed from each such municipality, one
22     trustee shall be appointed from each county in the district
23     for each 50,000 population or part thereof within the
24     district in such county according to the last preceding
25     federal census, and 2 trustees shall be appointed at large.
26     A trustee appointed from a county in the district shall be
27     appointed from the area outside any such municipality. If
28     the district is located wholly within the corporate limits
29     of such municipalities, 2 trustees shall be appointed from
30     the one of such municipalities having the largest
31     population, and one trustee shall be appointed from each of
32     the other such municipalities, and 2 trustees shall be
33     appointed at large.
34         (c) Trustees representing the area within the district

 

 

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1     located outside of any municipality having 5,000 or more
2     population and trustees appointed at large when the
3     district is wholly contained within a single county shall
4     be appointed by the presiding officer of the county board
5     with the advice and consent of the county board and any
6     trustee representing the area within any such municipality
7     shall be appointed by its presiding officer. If however the
8     district is located in more than one county, any trustee
9     representing the area within a district located outside of
10     any municipality having 5,000 or more population and any
11     trustee at large shall be appointed by a majority vote of
12     the presiding officers of the county boards of the counties
13     which encompass any part of the district, except that no
14     such appointment shall affect the term of any trustee in
15     office on the effective date of this amendatory Act of
16     1977. Any trustee representing the area within any such
17     municipality shall be appointed by its presiding officer.
18         (d) A trustee representing the area within any such
19     municipality shall reside within its corporate limits. A
20     trustee representing the area within the district and
21     located outside of any such municipality shall reside
22     within such area. A trustee appointed at large may reside
23     either within or without any such municipality but must
24     reside within the territory of the district. Should any
25     trustee cease to reside within that part of the territory
26     he represents, then his office shall be deemed vacated, and
27     shall be filled by appointment for the remainder of the
28     term as hereinafter provided.
29     (2) In case there are no municipalities having a population
30 of 5,000 or more within such district located wholly within a
31 single county, the statement required by Section 1 shall
32 include such finding, and in such case the Board shall consist
33 of 5 trustees who shall be appointed at large by the presiding
34 officer of the county board with the advice and consent of the

 

 

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1 county board. If however the district is located in more than
2 one county, the trustees at large shall be appointed by a
3 majority vote of the presiding officers of the county boards of
4 the counties which encompass any portion of the district, but
5 any trustee in office on the effective date of this amendatory
6 Act of 1977 shall be permitted to serve out the remainder of
7 his term. Each such trustee shall reside within the district
8 and shall continue to reside therein.
9     (3) All initial appointments of trustees shall be made
10 within 60 days after the determination of the result of the
11 election. Each appointment shall be in writing and shall be
12 filed and made a matter of record in the office of the county
13 clerk wherein the organization proceedings were filed. A
14 trustee shall qualify within 10 days after appointment by
15 acceptance and the taking of the constitutional oath of office,
16 both to be in writing and similarly filed for record in the
17 office of such county clerk. Members initially appointed to the
18 board of trustees of such district shall serve from date of
19 appointment for 1, 2, 3, 4 and 5 years and shall draw lots to
20 determine the periods for which they each shall serve. In case
21 there are more than 5 trustees, lots shall be drawn so that 5
22 trustees shall serve initial terms of 1, 2, 3, 4 and 5 years
23 and the other trustees shall serve terms of 1, 2, 3, 4 or 5
24 years as the number of trustees shall require and the drawing
25 of lots shall determine. The successors of all such initial
26 members of the board of trustees of a river conservancy
27 district shall serve for terms of 5 years, all such
28 appointments and appointments to fill vacancies shall be made
29 in like manner as in the case of the initial trustees. A
30 trustee having been duly appointed shall continue to serve
31 after the expiration of his term until his successor has been
32 appointed. Each trustee initially appointed in accordance with
33 this amendatory Act of 1995 shall serve a term of 3 or 5 years
34 as determined by lot.

 

 

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1     (4) Should a municipality which is wholly within a district
2 attain, or should such a municipality be established, having a
3 population of 5,000 or more after the entry of the statement by
4 the circuit court, the presiding officer of such municipality
5 may petition the circuit court of the county in which such
6 municipality lies for an order finding and determining the
7 population of such municipality and, if it is found and
8 determined upon the hearing of such petition that the
9 population of such municipality is 5,000 or more, the board of
10 trustees of such district as previously established shall be
11 increased by one trustee who shall reside within the corporate
12 limits of such municipality and shall be appointed by its
13 presiding officer. The initial trustee so appointed shall serve
14 for a term of 1, 2, 3, 4 or 5 years, as may be determined by
15 lot, and his successors shall be similarly appointed and shall
16 serve for terms of 5 years. All provisions of this Section
17 applicable to trustees representing municipal areas shall
18 apply to any such trustee, including paragraph 5.
19     (5) Should the foregoing provisions respecting the
20 appointment of trustees representing the area within any
21 municipality of 5,000 or more population be invalid when
22 applied to any situation, then as to such situation any such
23 provision shall be deemed to be excised from this Act, and the
24 trustee whose appointment is thus affected shall be appointed
25 at large by the presiding officer of the county board with the
26 advice and consent of the county board except if the district
27 embraces more than one county in which case the trustees shall
28 be appointed at large by a majority vote of the presiding
29 officers of the county boards of the counties which encompass
30 any portion of the district.
31     (6) In the case of a board representing a district that
32 embraces Franklin and Jefferson counties, a trustee may be
33 removed for incompetence, neglect of duty, or malfeasance in
34 office by the appropriate appointing presiding officer or

 

 

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1 officers, without the advice and consent of the corporate
2 authorities, by filing a written order of removal with the
3 appropriate county or municipal clerk or clerks.
4     (7) Notwithstanding any other provision of law to the
5 contrary, in the case of a board representing a district that
6 embraces Franklin and Jefferson counties, the terms of all
7 trustees shall end on the effective date of this amendatory Act
8 of the 94th General Assembly. Beginning on that date, the board
9 shall consist of 7 trustees. The 7 trustees initially appointed
10 pursuant to this amendatory Act of the 94th General Assembly
11 shall be appointed in the same manner as otherwise provided in
12 this Section by the appropriate appointing authority and shall
13 serve the following terms, as determined by lot: (i) 2 trustees
14 shall serve until July 1, 2006; (ii) 2 trustees shall serve
15 until July 1, 2007; (iii) one trustee shall serve until July 1,
16 2008; (iv) one trustee shall serve until July 1, 2009; and (v)
17 one trustee shall serve until July 1, 2010. Upon expiration of
18 the terms of the trustees initially appointed under this
19 amendatory Act of the 94th General Assembly, their respective
20 successors shall be appointed for terms of 5 years, beginning
21 on July 1 of the year in which the previous term expires and
22 until their respective successors are appointed and qualified.
23 After the appointment of the trustees initially appointed
24 pursuant to this amendatory Act of the 94th General Assembly,
25 the number of trustees on the board may be increased in
26 accordance with subsection (4).
27 (Source: P.A. 89-148, eff. 1-1-96.)
 
28     Section 99. Effective date. This Act takes effect upon
29 becoming law.".