Full Text of HB0140 95th General Assembly
HB0140sam001 95TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 5/8/2007
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09500HB0140sam001 |
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LRB095 03645 HLH 36006 a |
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| AMENDMENT TO HOUSE BILL 140
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| AMENDMENT NO. ______. Amend House Bill 140 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Sanitary District Act of 1917 is amended by | 5 |
| changing Section 3 as follows:
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| (70 ILCS 2405/3) (from Ch. 42, par. 301)
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| Sec. 3. A board of trustees shall be created, consisting of | 8 |
| 5 members
in any sanitary district which includes one or more | 9 |
| municipalities with
a population of over 90,000 but less than | 10 |
| 500,000 according to the most
recent Federal census, and | 11 |
| consisting of 3 members in any other district.
However, the | 12 |
| board of trustees for the Fox River Water Reclamation District | 13 |
| and for the Northern Moraine Wastewater Reclamation District
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| the board of trustees
shall each consist of 5 members. Each | 15 |
| board of trustees shall be created for the
government, control |
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| and management of the affairs and business of each
sanitary | 2 |
| district organized under this Act shall be created in the
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| following manner:
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| (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;
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| (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.
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| In any sanitary district which shall have a 3 member board | 13 |
| of trustees,
within 60 days after the adoption of such act, the | 14 |
| appropriate
appointing authority shall appoint three trustees | 15 |
| not more than 2 of
whom shall be from one incorporated city, | 16 |
| town or village in districts
in which are included 2 or more | 17 |
| incorporated cities, towns or villages,
or parts of 2 or more | 18 |
| incorporated cities, towns or villages, who shall
hold their | 19 |
| office respectively for 1, 2 and 3 years, from the first
Monday | 20 |
| of May next after their appointment and until their successors
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| are appointed and have qualified, and thereafter on or before | 22 |
| the second
Monday in April of each year the appropriate | 23 |
| appointing authority shall
appoint one trustee whose term shall | 24 |
| be for 3 years commencing the first
Monday in May of the year | 25 |
| in which he is appointed. The
length of the term of the first | 26 |
| trustees shall be determined by lot at
their first meeting.
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| In the case of any sanitary district created after January | 2 |
| 1, 1978 in which
a 5 member board of trustees is required, the | 3 |
| appropriate appointing authority
shall appoint 5 trustees, one | 4 |
| of whom shall hold office for one year, two
of whom shall hold | 5 |
| office for 2 years, and 2 of whom shall hold office for
3 years | 6 |
| from the first Monday of May next after their respective | 7 |
| appointments
and until their successors are appointed and have | 8 |
| qualified. Thereafter,
on or before the second Monday in April | 9 |
| of each year the appropriate
appointing authority shall appoint | 10 |
| one trustee or 2 trustees, as shall be
necessary to maintain a | 11 |
| 5 member board of trustees, whose terms shall be for 3
years
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| commencing the first Monday in May of the year in which they | 13 |
| are respectively
appointed. The length of the terms of the | 14 |
| first trustees shall be determined
by lot at their first | 15 |
| meeting.
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| In any sanitary district created prior to January 1, 1978 | 17 |
| in which a
5 member board of trustees is required as of January | 18 |
| 1, 1978,
the two trustees already serving terms which do not | 19 |
| expire on May 1, 1978
shall continue to hold office for the | 20 |
| remainders of their respective terms,
and 3 trustees shall be | 21 |
| appointed by the appropriate appointing authority
by April 10, | 22 |
| 1978 and shall hold office for terms beginning May 1, 1978.
Of | 23 |
| the three new trustees, one shall hold office for 2 years and 2 | 24 |
| shall
hold office for 3 years from May 1, 1978 and until their | 25 |
| successors are
appointed and have qualified. Thereafter, on or | 26 |
| before the second Monday
in April of each year the appropriate |
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| appointing authority shall appoint
one trustee or 2 trustees, | 2 |
| as shall be necessary to maintain a 5 member
board of trustees, | 3 |
| whose terms shall be for 3 years commencing the first
Monday in | 4 |
| May of the year in which they are respectively appointed. The
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| lengths of the terms of the trustees who are to hold office | 6 |
| beginning May
1, 1978 shall be determined by lot at their first | 7 |
| meeting after May 1, 1978.
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| No more than 3 members of a 5 member board of trustees may | 9 |
| be of the same
political party; except that in any sanitary | 10 |
| district which otherwise
meets the requirements of this Section | 11 |
| and which lies within 4 counties of the
State of Illinois ,
or | 12 |
| in the Fox River Water Reclamation District; the
appointments | 13 |
| of the 5 members of the board of trustees
shall be made without | 14 |
| regard to political party.
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| Within 60 days after the effective date of this amendatory | 16 |
| Act of the 95th General Assembly, the original appointing | 17 |
| authorities for the Fox River Water Reclamation District shall | 18 |
| appoint 5 successor trustees to the board. The terms of all | 19 |
| trustees serving on the effective date of this amendatory Act | 20 |
| of the 95th General Assembly shall end when the successor | 21 |
| trustees are appointed and qualified. No more than 4 of the | 22 |
| successor trustees may be from the same political party during | 23 |
| the period of time beginning with the first appointment of the | 24 |
| successor trustees until May 1, 2008. Beginning on May 1, 2008, | 25 |
| no more than 3 trustees may be from the same political party. | 26 |
| The 5 successor trustees initially appointed pursuant to this |
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| amendatory Act of the 95th General Assembly shall serve the | 2 |
| following terms: 2 trustees shall serve until May 1, 2008; 2 | 3 |
| trustees shall serve until May 1, 2009; and one trustee shall | 4 |
| serve until May 1, 2010. Their successors shall serve for | 5 |
| 3-year terms. All appointments to the board of the Fox River | 6 |
| Water Reclamation District that are made after this | 7 |
| transitional schedule is complete shall be made so that no more | 8 |
| than 3 of the 5 trustees are from the same political party. | 9 |
| Within 60 days after the release of Federal census | 10 |
| statistics showing that
a sanitary district having a 3 member | 11 |
| board of trustees contains one
or more municipalities with a | 12 |
| population over 90,000 but less than 500,000,
or, for the | 13 |
| Northern Moraine Wastewater Reclamation District, within 60 | 14 |
| days after the effective date of this amendatory Act of the | 15 |
| 95th General Assembly, the appropriate appointing authority | 16 |
| shall appoint 2 additional trustees
to the board of trustees, | 17 |
| one to hold office for 2 years and one to hold
office for 3 | 18 |
| years from the first Monday of May next after their appointment
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| and until their successors are appointed and have qualified. | 20 |
| The lengths
of the terms of these two additional members shall | 21 |
| be determined by lot
at the first meeting of the board of | 22 |
| trustees held after the additional
members take office. The | 23 |
| three trustees already holding office in the sanitary
district | 24 |
| shall continue
to hold office for the remainders of their | 25 |
| respective terms. Thereafter,
on or before the second Monday in | 26 |
| April of each year the appropriate appointing
authority shall |
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LRB095 03645 HLH 36006 a |
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| appoint one trustee or 2 trustees, as shall be necessary
to | 2 |
| maintain a 5 member board of trustees, whose terms shall be for | 3 |
| 3 years
commencing the first Monday in May of the year in which | 4 |
| they are respectively
appointed.
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| If any sanitary district having a 5 member board of | 6 |
| trustees shall cease
to contain one or more municipalities with | 7 |
| a population over 90,000 but
less than 500,000 according to the | 8 |
| most recent Federal census, then, for
so long as that sanitary | 9 |
| district does not contain one or more such
municipalities,
on | 10 |
| or before the second Monday in April of each year the | 11 |
| appropriate appointing
authority shall
appoint one trustee | 12 |
| whose term shall be for 3 years commencing the first
Monday in | 13 |
| May of the year in which he is appointed. In districts which
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| include 2 or more incorporated cities, towns, or villages, or | 15 |
| parts of 2
or more incorporated cities, towns, or villages, all | 16 |
| of the trustees shall
not be from one incorporated city, town | 17 |
| or village.
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| If a vacancy occurs on any board of trustees, the | 19 |
| appropriate appointing
authority shall within 60 days appoint a | 20 |
| trustee who shall hold office for
the remainder of the vacated | 21 |
| term.
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| The appointing authority shall require each of the trustees | 23 |
| to enter
into bond, with security to be approved by the | 24 |
| appointing authority, in
such sum as the appointing authority | 25 |
| may determine.
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| A majority of the board of trustees shall constitute a |
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| quorum but a
smaller number may adjourn from day to day. No | 2 |
| trustee or employee of
such district shall be directly or | 3 |
| indirectly interested in any
contract, work or business of the | 4 |
| district, or the sale of any article,
the expense, price or | 5 |
| consideration of which is paid by such district;
nor in the | 6 |
| purchase of any real estate or property belonging to the
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| district, or which shall be sold for taxes or assessments, or | 8 |
| by virtue
of legal process at the suit of the district. | 9 |
| Provided, that nothing
herein shall be construed as prohibiting | 10 |
| the appointment or selection of
any person as trustee or | 11 |
| employee whose only interest in the district is
as owner of | 12 |
| real estate in the district or of contributing to the
payment | 13 |
| of taxes levied by the district. The trustees shall have the
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| power to provide and adopt a corporate seal for the district.
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| Notwithstanding any other provision in this Section, in any | 16 |
| sanitary
district created prior to the effective date of this | 17 |
| amendatory Act of
1985, in which a five member board of | 18 |
| trustees has been appointed and which
currently includes one or | 19 |
| more municipalities with a population of over
90,000 but less | 20 |
| than 500,000, the board of trustees shall consist of five
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| members.
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| (Source: P.A. 91-547, eff. 8-14-99.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
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