Sen. Toi W. Hutchinson

Filed: 5/14/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2239

2    AMENDMENT NO. ______. Amend House Bill 2239 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sanitary District Act of 1917 is amended by
5changing Section 3 as follows:
 
6    (70 ILCS 2405/3)  (from Ch. 42, par. 301)
7    Sec. 3. Board of trustees; creation; term. A board of
8trustees shall be created, consisting of 5 members in any
9sanitary district which includes one or more municipalities
10with a population of over 90,000 but less than 500,000
11according to the most recent Federal census, and consisting of
123 members in any other district. However, the board of trustees
13for the Fox River Water Reclamation District, the Sanitary
14District of Decatur, and the Northern Moraine Wastewater
15Reclamation District shall each consist of 5 members. Each
16board of trustees shall be created for the government, control

 

 

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1and management of the affairs and business of each sanitary
2district organized under this Act shall be created in the
3following manner:
4        (1) If the district is located wholly within a single
5    county, the presiding officer of the county board, with the
6    advice and consent of the county board, shall appoint the
7    trustees for the district;
8        (2) If the district is located in more than one county,
9    the members of the General Assembly whose legislative
10    districts encompass any portion of the district shall
11    appoint the trustees for the district.
12    In any sanitary district which shall have a 3 member board
13of trustees, within 60 days after the adoption of such act, the
14appropriate appointing authority shall appoint three trustees
15not more than 2 of whom shall be from one incorporated city,
16town or village in districts in which are included 2 or more
17incorporated cities, towns or villages, or parts of 2 or more
18incorporated cities, towns or villages, who shall hold their
19office respectively for 1, 2 and 3 years, from the first Monday
20of May next after their appointment and until their successors
21are appointed and have qualified, and thereafter on or before
22the second Monday in April of each year the appropriate
23appointing authority shall appoint one trustee whose term shall
24be for 3 years commencing the first Monday in May of the year
25in which he is appointed. The length of the term of the first
26trustees shall be determined by lot at their first meeting.

 

 

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1    In the case of any sanitary district created after January
21, 1978 in which a 5 member board of trustees is required, the
3appropriate appointing authority shall appoint 5 trustees, one
4of whom shall hold office for one year, two of whom shall hold
5office for 2 years, and 2 of whom shall hold office for 3 years
6from the first Monday of May next after their respective
7appointments and until their successors are appointed and have
8qualified. Thereafter, on or before the second Monday in April
9of each year the appropriate appointing authority shall appoint
10one trustee or 2 trustees, as shall be necessary to maintain a
115 member board of trustees, whose terms shall be for 3 years
12commencing the first Monday in May of the year in which they
13are respectively appointed. The length of the terms of the
14first trustees shall be determined by lot at their first
15meeting.
16    In any sanitary district created prior to January 1, 1978
17in which a 5 member board of trustees is required as of January
181, 1978, the two trustees already serving terms which do not
19expire on May 1, 1978 shall continue to hold office for the
20remainders of their respective terms, and 3 trustees shall be
21appointed by the appropriate appointing authority by April 10,
221978 and shall hold office for terms beginning May 1, 1978. Of
23the three new trustees, one shall hold office for 2 years and 2
24shall hold office for 3 years from May 1, 1978 and until their
25successors are appointed and have qualified. Thereafter, on or
26before the second Monday in April of each year the appropriate

 

 

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1appointing authority shall appoint one trustee or 2 trustees,
2as shall be necessary to maintain a 5 member board of trustees,
3whose terms shall be for 3 years commencing the first Monday in
4May of the year in which they are respectively appointed. The
5lengths of the terms of the trustees who are to hold office
6beginning May 1, 1978 shall be determined by lot at their first
7meeting after May 1, 1978.
8    No more than 3 members of a 5 member board of trustees may
9be of the same political party; except that in any sanitary
10district which otherwise meets the requirements of this Section
11and which lies within 4 counties of the State of Illinois or,
12prior to April 30, 2008, in the Fox River Water Reclamation
13District; the appointments of the 5 members of the board of
14trustees shall be made without regard to political party.
15Beginning with the appointments made on April 30, 2008, all
16appointments to the board of trustees of the Fox River Water
17Reclamation District shall be made so that no more than 3 of
18the 5 members are from the same political party.
19    Within 60 days after the release of Federal census
20statistics showing that a sanitary district having a 3 member
21board of trustees contains one or more municipalities with a
22population over 90,000 but less than 500,000, or, for the
23Northern Moraine Wastewater Reclamation District, within 60
24days after the effective date of this amendatory Act of the
2595th General Assembly, the appropriate appointing authority
26shall appoint 2 additional trustees to the board of trustees,

 

 

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1one to hold office for 2 years and one to hold office for 3
2years from the first Monday of May next after their appointment
3and until their successors are appointed and have qualified.
4The lengths of the terms of these two additional members shall
5be determined by lot at the first meeting of the board of
6trustees held after the additional members take office. The
7three trustees already holding office in the sanitary district
8shall continue to hold office for the remainders of their
9respective terms. Thereafter, on or before the second Monday in
10April of each year the appropriate appointing authority shall
11appoint one trustee or 2 trustees, as shall be necessary to
12maintain a 5 member board of trustees, whose terms shall be for
133 years commencing the first Monday in May of the year in which
14they are respectively appointed.
15    If any sanitary district having a 5 member board of
16trustees shall cease to contain one or more municipalities with
17a population over 90,000 but less than 500,000 according to the
18most recent Federal census, then, for so long as that sanitary
19district does not contain one or more such municipalities, on
20or before the second Monday in April of each year the
21appropriate appointing authority shall appoint one trustee
22whose term shall be for 3 years commencing the first Monday in
23May of the year in which he is appointed. In districts which
24include 2 or more incorporated cities, towns, or villages, or
25parts of 2 or more incorporated cities, towns, or villages, all
26of the trustees shall not be from one incorporated city, town

 

 

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1or village.
2    If a vacancy occurs on any board of trustees, the
3appropriate appointing authority shall within 60 days appoint a
4trustee who shall hold office for the remainder of the vacated
5term.
6    The appointing authority shall require each of the trustees
7to enter into bond, with security to be approved by the
8appointing authority, in such sum as the appointing authority
9may determine.
10    A majority of the board of trustees shall constitute a
11quorum but a smaller number may adjourn from day to day. No
12trustee or employee of such district shall be directly or
13indirectly interested in any contract, work or business of the
14district, or the sale of any article, the expense, price or
15consideration of which is paid by such district; nor in the
16purchase of any real estate or property belonging to the
17district, or which shall be sold for taxes or assessments, or
18by virtue of legal process at the suit of the district.
19Provided, that nothing herein shall be construed as prohibiting
20the appointment or selection of any person as trustee or
21employee whose only interest in the district is as owner of
22real estate in the district or of contributing to the payment
23of taxes levied by the district. The trustees shall have the
24power to provide and adopt a corporate seal for the district.
25    Notwithstanding any other provision in this Section, in any
26sanitary district created prior to the effective date of this

 

 

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1amendatory Act of 1985, in which a five member board of
2trustees has been appointed and which currently includes one or
3more municipalities with a population of over 90,000 but less
4than 500,000, the board of trustees shall consist of five
5members.
6    Except as otherwise provided for vacancies, in the event
7that the appropriate appointing authority fails to appoint a
8trustee under this Section, the appropriate appointing
9authority shall reconvene and appoint a successor on or before
10July 1 of that year.
11(Source: P.A. 95-608, eff. 9-11-07; 96-1065, eff. 7-16-10.)".