Full Text of SB2950 102nd General Assembly
SB2950 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2950 Introduced 10/26/2021, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: | | 70 ILCS 2405/3 | from Ch. 42, par. 301 |
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Amends the Sanitary District Act of 1917. Provides that, on and after the effective date of the amendatory Act, appointments to the board of trustees of the Thorn Creek Basin Sanitary District shall be made as follows: within 30 days of the vacancy being created, the mayor of each municipality located in whole or in part of the District may recommend a candidate or candidates to be appointed to the position of trustee, except, if the vacancy is existing on the effective date of the amendatory Act, recommendations may be made within 30 days of the effective date of the amendatory Act; a majority of the mayors must select an appropriate candidate to be appointed from among those candidates recommended by the mayors; and, in voting for each candidate, a mayor shall be entitled to one vote for every 5,000 residents, or fraction thereof, of the mayor's municipality. Provides that the number of residents for each municipality shall be determined by the most recent federal decennial census.
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| | A BILL FOR |
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| | | SB2950 | | LRB102 19552 AWJ 28738 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sanitary District Act of 1917 is amended by | 5 | | changing 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 | 8 | | trustees shall be created, consisting of 5 members
in any | 9 | | sanitary district which includes one or more municipalities | 10 | | with
a population of over 90,000 but less than 500,000 | 11 | | according to the most
recent Federal census, and consisting of | 12 | | 3 members in any other district.
However, the board of | 13 | | trustees for the Fox River Water Reclamation District, the | 14 | | Sanitary District of Decatur, and the Northern Moraine | 15 | | Wastewater Reclamation District
shall each consist of 5 | 16 | | members. Each board of trustees shall be created for the
| 17 | | government, control and management of the affairs and business | 18 | | of each
sanitary district organized under this Act shall be | 19 | | created in the
following manner:
| 20 | | (1) If the district's corporate boundaries are located | 21 | | wholly within a single county, the
presiding officer of | 22 | | the county board, with the advice and consent of
the | 23 | | county board, shall appoint the trustees for the district;
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| 1 | | (2) If the district's corporate boundaries are located | 2 | | in more than one county, the members
of the General | 3 | | Assembly whose legislative districts encompass any
portion | 4 | | of the district shall appoint the trustees for the | 5 | | district.
| 6 | | In any sanitary district which shall have a 3 member board | 7 | | of trustees,
within 60 days after the adoption of such act, the | 8 | | appropriate
appointing authority shall appoint three trustees | 9 | | not more than 2 of
whom shall be from one incorporated city, | 10 | | town or village in districts
in which are included 2 or more | 11 | | incorporated cities, towns or villages,
or parts of 2 or more | 12 | | incorporated cities, towns or villages, who shall
hold their | 13 | | office respectively for 1, 2 and 3 years, from the first
Monday | 14 | | of May next after their appointment and until their successors
| 15 | | are appointed and have qualified, and thereafter on or before | 16 | | the second
Monday in April of each year the appropriate | 17 | | appointing authority shall
appoint one trustee whose term | 18 | | shall be for 3 years commencing the first
Monday in May of the | 19 | | year in which he is appointed. The
length of the term of the | 20 | | first trustees shall be determined by lot at
their first | 21 | | meeting.
| 22 | | In the case of any sanitary district created after January | 23 | | 1, 1978 in which
a 5 member board of trustees is required, the | 24 | | appropriate appointing authority
shall appoint 5 trustees, one | 25 | | of whom shall hold office for one year, two
of whom shall hold | 26 | | office for 2 years, and 2 of whom shall hold office for
3 years |
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| 1 | | from the first Monday of May next after their respective | 2 | | appointments
and until their successors are appointed and have | 3 | | qualified. Thereafter,
on or before the second Monday in April | 4 | | of each year the appropriate
appointing authority shall | 5 | | appoint one trustee or 2 trustees, as shall be
necessary to | 6 | | maintain a 5 member board of trustees, whose terms shall be for | 7 | | 3
years
commencing the first Monday in May of the year in which | 8 | | they are respectively
appointed. The length of the terms of | 9 | | the first trustees shall be determined
by lot at their first | 10 | | meeting.
| 11 | | In any sanitary district created prior to January 1, 1978 | 12 | | in which a
5 member board of trustees is required as of January | 13 | | 1, 1978,
the two trustees already serving terms which do not | 14 | | expire on May 1, 1978
shall continue to hold office for the | 15 | | remainders of their respective terms,
and 3 trustees shall be | 16 | | appointed by the appropriate appointing authority
by April 10, | 17 | | 1978 and shall hold office for terms beginning May 1, 1978.
Of | 18 | | the three new trustees, one shall hold office for 2 years and 2 | 19 | | shall
hold office for 3 years from May 1, 1978 and until their | 20 | | successors are
appointed and have qualified. Thereafter, on or | 21 | | before the second Monday
in April of each year the appropriate | 22 | | appointing authority shall appoint
one trustee or 2 trustees, | 23 | | as shall be necessary to maintain a 5 member
board of trustees, | 24 | | whose terms shall be for 3 years commencing the first
Monday in | 25 | | May of the year in which they are respectively appointed. The
| 26 | | lengths of the terms of the trustees who are to hold office |
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| 1 | | beginning May
1, 1978 shall be determined by lot at their first | 2 | | meeting after May 1, 1978.
| 3 | | No more than 3 members of a 5 member board of trustees may | 4 | | be of the same
political party; except that in any sanitary | 5 | | district which otherwise
meets the requirements of this | 6 | | Section and which lies within 4 counties of the
State of | 7 | | Illinois or, prior to April 30, 2008, in the Fox River Water | 8 | | Reclamation District; the
appointments of the 5 members of the | 9 | | board of trustees
shall be made without regard to political | 10 | | party. Beginning with the appointments made on April 30, 2008, | 11 | | all appointments to the board of trustees of the Fox River | 12 | | Water Reclamation District shall be made so that no more than 3 | 13 | | of the 5 members are from the same political party.
| 14 | | Beginning with the 2021 municipal election, the board of | 15 | | trustees of the Fox Metro Water Reclamation District shall be | 16 | | elected as provided in this paragraph. The election of | 17 | | trustees shall be in accordance with Section 2A-1.1 of the | 18 | | Election Code. Any board member serving on the effective date | 19 | | of this amendatory Act of the 101st General Assembly whose | 20 | | term does not expire in 2021 shall serve until his or her | 21 | | successor is elected and qualified. The board of trustees of | 22 | | the Fox Metro Water Reclamation District shall: on or before | 23 | | January 1, 2020, divide the Fox Metro Water Reclamation | 24 | | District into 5 trustee districts and assign the trustee | 25 | | districts to reflect the results of the most recent federal | 26 | | decennial census; and thereafter, in the year following each |
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| 1 | | decennial census, redistrict the trustee districts to reflect | 2 | | the results of the most recent census. The board of trustees | 3 | | shall consist of 1 elected trustee in each trustee district. A | 4 | | petition for nomination for election of a trustee of the Fox | 5 | | Metro Water Reclamation District shall contain at least 100 | 6 | | signatures of registered voters residing within the Fox Metro | 7 | | Water Reclamation District. The trustees shall be elected for | 8 | | staggered terms at the election as provided by the Election | 9 | | Code. Two trustees shall be elected at the 2021 election, and 3 | 10 | | trustees shall be elected at the following consolidated | 11 | | election. Elected trustees shall take office on the first | 12 | | Tuesday after the first Monday in the month following the | 13 | | month of their election and shall hold their offices for 4 | 14 | | years and until their successors are elected and qualified. If | 15 | | a vacancy occurs before the 2021 election on the board of | 16 | | trustees of the Fox Metro Water Reclamation District: (i) the | 17 | | District Manager shall, no later than 7 days from the date of | 18 | | the vacancy, notify the State legislators representing any | 19 | | portion of the District, publish notification of the vacancy | 20 | | on the District's website, and send notification of the | 21 | | vacancy to local newspapers, radio stations, and television | 22 | | stations; (ii) each notification published or sent shall | 23 | | contain instructions on how to apply to the District Manager | 24 | | for the vacant trustee position; (iii) applications for the | 25 | | vacancy shall be accepted for at least 30 days after the date | 26 | | the notification of the vacancy was published and sent; (iv) |
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| 1 | | applications for the vacancy shall include a letter of | 2 | | interest and resume; (v) once the application period has | 3 | | closed, the District Manager shall forward all applications | 4 | | received to the State legislators notified of the vacancy in | 5 | | item (i); (vi) the President of the board of trustees and the | 6 | | District Manager shall hold a public meeting with the State | 7 | | legislators notified of the vacancy to review all applications | 8 | | and, by unanimous vote of all State legislators representing | 9 | | any portion of the District, select a candidate to fill the | 10 | | trustee vacancy; and (vii) the board of trustees shall appoint | 11 | | the selected candidate at the next board of trustees meeting. | 12 | | If a vacancy exists after the 2021 election on the board of | 13 | | trustees of the Fox Metro Water Reclamation District, the | 14 | | vacancy shall be filled by appointment by the president of the | 15 | | board of trustees, with the advice and consent of the members | 16 | | of the board of trustees, until the next regular election at | 17 | | which trustees of the district are elected, and shall be made a | 18 | | matter of record in the office of the county clerk in the | 19 | | county where the district is located; for a vacancy filled by | 20 | | appointment, the portion of the unexpired term remaining after | 21 | | the next regular election at which trustees of the district | 22 | | are elected shall be filled by election, as provided for in | 23 | | this paragraph. | 24 | | On and after the effective date of this amendatory Act of | 25 | | the 102nd General Assembly, appointments to the board of | 26 | | trustees of the Thorn Creek Basin Sanitary District shall be |
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| 1 | | made as provided in this paragraph. Within 30 days of the | 2 | | vacancy being created, the mayor of each municipality located | 3 | | in whole or in part of the District may recommend a candidate | 4 | | or candidates to be appointed to the position of trustee, | 5 | | except, if the vacancy is existing on the effective date of | 6 | | this amendatory Act of the 102nd General Assembly, | 7 | | recommendations may be made within 30 days of the effective | 8 | | date of this amendatory Act of the 102nd General Assembly. A | 9 | | majority of the mayors must select an appropriate candidate to | 10 | | be appointed from among those candidates recommended by the | 11 | | mayors. In voting for each candidate, a mayor shall be | 12 | | entitled to one vote for every 5,000 residents, or fraction | 13 | | thereof, of the mayor's municipality. The number of residents | 14 | | for each municipality shall be determined by the most recent | 15 | | federal decennial census. | 16 | | Within 60 days after the release of Federal census | 17 | | statistics showing that
a sanitary district having a 3 member | 18 | | board of trustees contains one
or more municipalities with a | 19 | | population over 90,000 but less than 500,000,
or, for the | 20 | | Northern Moraine Wastewater Reclamation District, within 60 | 21 | | days after the effective date of this amendatory Act of the | 22 | | 95th General Assembly, the appropriate appointing authority | 23 | | shall appoint 2 additional trustees
to the board of trustees, | 24 | | one to hold office for 2 years and one to hold
office for 3 | 25 | | years from the first Monday of May next after their | 26 | | appointment
and until their successors are appointed and have |
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| 1 | | qualified. The lengths
of the terms of these two additional | 2 | | members shall be determined by lot
at the first meeting of the | 3 | | board of trustees held after the additional
members take | 4 | | office. The three trustees already holding office in the | 5 | | sanitary
district shall continue
to hold office for the | 6 | | remainders of their respective terms. Thereafter,
on or before | 7 | | the second Monday in April of each year the appropriate | 8 | | appointing
authority shall appoint one trustee or 2 trustees, | 9 | | as shall be necessary
to maintain a 5 member board of trustees, | 10 | | whose terms shall be for 3 years
commencing the first Monday in | 11 | | May of the year in which they are respectively
appointed.
| 12 | | If any sanitary district having a 5 member board of | 13 | | trustees shall cease
to contain one or more municipalities | 14 | | with a population over 90,000 but
less than 500,000 according | 15 | | to the most recent Federal census, then, for
so long as that | 16 | | sanitary district does not contain one or more such
| 17 | | municipalities,
on or before the second Monday in April of | 18 | | each year the appropriate appointing
authority shall
appoint | 19 | | one trustee whose term shall be for 3 years commencing the | 20 | | first
Monday in May of the year in which he is appointed. In | 21 | | districts which
include 2 or more incorporated cities, towns, | 22 | | or villages, or parts of 2
or more incorporated cities, towns, | 23 | | or villages, all of the trustees shall
not be from one | 24 | | incorporated city, town or village.
| 25 | | If a vacancy occurs on any board of trustees, the | 26 | | appropriate appointing
authority shall within 60 days appoint |
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| 1 | | a trustee who shall hold office for
the remainder of the | 2 | | vacated term.
| 3 | | The appointing authority shall require each of the | 4 | | trustees to enter
into bond, with security to be approved by | 5 | | the appointing authority, in
such sum as the appointing | 6 | | authority may determine.
| 7 | | A majority of the board of trustees shall constitute a | 8 | | quorum but a
smaller number may adjourn from day to day. No | 9 | | trustee or employee of
such district shall be directly or | 10 | | indirectly interested in any
contract, work or business of the | 11 | | district, or the sale of any article,
the expense, price or | 12 | | consideration of which is paid by such district;
nor in the | 13 | | purchase of any real estate or property belonging to the
| 14 | | district, or which shall be sold for taxes or assessments, or | 15 | | by virtue
of legal process at the suit of the district. | 16 | | Provided, that nothing
herein shall be construed as | 17 | | prohibiting the appointment or selection of
any person as | 18 | | trustee or employee whose only interest in the district is
as | 19 | | owner of real estate in the district or of contributing to the
| 20 | | payment of taxes levied by the district. The trustees shall | 21 | | have the
power to provide and adopt a corporate seal for the | 22 | | district.
| 23 | | Notwithstanding any other provision in this Section, in | 24 | | any sanitary
district created prior to the effective date of | 25 | | this amendatory Act of
1985, in which a five member board of | 26 | | trustees has been appointed and which
currently includes one |
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| 1 | | or more municipalities with a population of over
90,000 but | 2 | | less than 500,000, the board of trustees shall consist of five
| 3 | | members. | 4 | | Except as otherwise provided for vacancies, in the event | 5 | | that the appropriate appointing authority fails to appoint a | 6 | | trustee under this Section, the appropriate appointing | 7 | | authority shall reconvene and appoint a successor on or before | 8 | | July 1 of that year.
| 9 | | (Source: P.A. 101-523, eff. 8-23-19.)
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