093_HB1514

 
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 1        AN ACT concerning conservation districts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

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

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

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