Full Text of HB2315 95th General Assembly
HB2315ham001 95TH GENERAL ASSEMBLY
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Rep. John E. Bradley
Filed: 4/18/2007
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LRB095 01477 HLH 35155 a |
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| AMENDMENT TO HOUSE BILL 2315
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| AMENDMENT NO. ______. Amend House Bill 2315 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The River Conservancy Districts Act is amended | 5 |
| by changing Section 4a as follows:
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| (70 ILCS 2105/4a) (from Ch. 42, par. 386a)
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| Sec. 4a. Every conservancy district so established shall be
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| 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.
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| (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:
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| (a) In districts organized prior to July 1, 1961, where |
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| there is
only one such municipality, 3 trustees shall be | 2 |
| appointed from such
municipality, and one trustee shall be | 3 |
| appointed from the area within
the district outside of such | 4 |
| municipality, and one trustee shall be
appointed at large. | 5 |
| In districts organized on and after July 1, 1961,
where | 6 |
| there is only one such municipality one trustee shall be | 7 |
| appointed
from such municipality, and one trustee shall be | 8 |
| appointed from each
county in the district, except that | 9 |
| where
the district is wholly contained within a single | 10 |
| county, one trustee shall
be appointed from that county and | 11 |
| one additional trustee shall be appointed
from the | 12 |
| municipality, and, in any case, 2 trustees shall be
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| appointed at large. A trustee appointed from a county in | 14 |
| the district
shall be appointed from the area outside any | 15 |
| such
municipality. If the district is located wholly within | 16 |
| the corporate
limits of such municipality, 3 of the | 17 |
| trustees of the district shall be
appointed from such | 18 |
| municipality, and 2 trustees shall be appointed at
large. | 19 |
| In a district wholly contained within a single county of | 20 |
| between
60,500 and 70,000 population and having no more | 21 |
| than one municipality of 5,000
or more population, | 22 |
| regardless of the date of organization, 3 trustees shall be
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| appointed from that municipality, 2 trustees shall be | 24 |
| appointed from the
district outside that municipality, and | 25 |
| 2 trustees shall be appointed at
large. No more than 2 | 26 |
| appointments by each appointing authority may be from the
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| same political party.
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| (b) Where there are 2 or more such municipalities, one | 3 |
| trustee shall
be appointed from each such municipality, one | 4 |
| trustee shall be appointed
from each county in the district | 5 |
| for each 50,000 population or part
thereof within the | 6 |
| district in such county according to the last
preceding | 7 |
| federal census, and 2 trustees shall be appointed at large. | 8 |
| A
trustee appointed from a county in the district shall be | 9 |
| appointed from
the area outside any such municipality. If | 10 |
| the district is located
wholly within the corporate limits | 11 |
| of such municipalities, 2 trustees
shall be appointed from | 12 |
| the one of such municipalities having the
largest | 13 |
| population, and one trustee shall be appointed from each of | 14 |
| the
other such municipalities, and 2 trustees shall be | 15 |
| appointed at large.
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| (c) Trustees representing the area within the district | 17 |
| located
outside of any municipality having 5,000 or more | 18 |
| population and trustees
appointed at large when the | 19 |
| district is wholly contained within a single
county shall | 20 |
| be appointed by the presiding officer of the county board
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| with the advice and consent of the county board and any | 22 |
| trustee
representing the area within any such municipality | 23 |
| shall be appointed by
its presiding officer. If however the | 24 |
| district is located in more than
one county, any trustee | 25 |
| representing the area within a district located
outside of | 26 |
| any municipality having 5,000 or more population and any
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| trustee at large shall be appointed by a majority vote of | 2 |
| the presiding
officers of the county boards of the counties | 3 |
| which encompass any part
of the district, except that no | 4 |
| such appointment shall affect the term
of any trustee in | 5 |
| office on the effective date of this amendatory Act of
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| 1977. Any trustee representing the area within any such | 7 |
| municipality
shall be appointed by its presiding officer.
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| (d) A trustee representing the area within any such | 9 |
| municipality
shall reside within its corporate limits. A | 10 |
| trustee representing the
area within the district and | 11 |
| located outside of any such municipality
shall reside | 12 |
| within such area. A trustee appointed at large may reside
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| either within or without any such municipality but must | 14 |
| reside within
the territory of the district. Should any | 15 |
| trustee cease to reside
within that part of the territory | 16 |
| he represents, then his office shall
be deemed vacated, and | 17 |
| shall be filled by appointment for the remainder
of the | 18 |
| term as hereinafter provided.
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| (2) In case there are no municipalities having a population | 20 |
| of 5,000
or more within such district located wholly within a | 21 |
| single county, the
statement required by Section 1 shall | 22 |
| include such finding, and in such
case the Board shall consist | 23 |
| of 5 trustees who shall be appointed at
large by the presiding | 24 |
| officer of the county board with the advice and
consent of the | 25 |
| county board. If however the district is located in more
than | 26 |
| one county, the trustees at large shall be appointed by a |
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| majority
vote of the presiding officers of the county boards of | 2 |
| the counties
which encompass any portion of the district, but | 3 |
| any trustee in office
on the effective date of this amendatory | 4 |
| Act of 1977 shall be permitted
to serve out the remainder of | 5 |
| his term. Each such trustee shall reside
within the district | 6 |
| and shall continue to reside therein.
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| (3) All initial appointments of trustees shall be made | 8 |
| within 60
days after the determination of the result of the | 9 |
| election. Each
appointment shall be in writing and shall be | 10 |
| filed and made a matter of
record in the office of the county | 11 |
| clerk wherein the organization
proceedings were filed. A | 12 |
| trustee shall qualify within 10 days after
appointment by | 13 |
| acceptance and the taking of the constitutional oath of
office, | 14 |
| both to be in writing and similarly filed for record in the
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| office of such county clerk. Members initially appointed to the | 16 |
| board
of trustees of such district shall serve from date of | 17 |
| appointment for 1,
2, 3, 4 and 5 years and shall draw lots to | 18 |
| determine the periods for
which they each shall serve. In case | 19 |
| there are more than 5 trustees,
lots shall be drawn so that 5 | 20 |
| trustees shall serve initial terms of 1,
2, 3, 4 and 5 years | 21 |
| and the other trustees shall serve terms of 1, 2, 3,
4 or 5 | 22 |
| years as the number of trustees shall require and the drawing | 23 |
| of
lots shall determine. The successors of all such initial | 24 |
| members of the
board of trustees of a river conservancy | 25 |
| district shall serve for terms
of 5 years, all such | 26 |
| appointments and appointments to fill vacancies
shall be made |
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| in like manner as in the case of the initial trustees. A
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| trustee having been duly appointed shall continue to serve | 3 |
| after the
expiration of his term until his successor has been | 4 |
| appointed.
Each trustee initially appointed in accordance with | 5 |
| this amendatory Act of
1995 shall serve a term of 3 or 5 years | 6 |
| as determined by lot.
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| (4) Should a municipality which is wholly within a district | 8 |
| attain,
or should such a municipality be established, having a | 9 |
| population of
5,000 or more after the entry of the statement by | 10 |
| the circuit court, the
presiding officer of such municipality | 11 |
| may petition the circuit court of
the county in which such | 12 |
| municipality lies for an order finding and
determining the | 13 |
| population of such municipality and, if it is found and
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| determined upon the hearing of such petition that the | 15 |
| population of such
municipality is 5,000 or more, the board of | 16 |
| trustees of such district as
previously established shall be | 17 |
| increased by one trustee who shall
reside within the corporate | 18 |
| limits of such municipality and shall be
appointed by its | 19 |
| presiding officer. The initial trustee so appointed
shall serve | 20 |
| for a term of 1, 2, 3, 4 or 5 years, as may be determined by
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| lot, and his successors shall be similarly appointed and shall | 22 |
| serve for
terms of 5 years. All provisions of this Section | 23 |
| applicable to trustees
representing municipal areas shall | 24 |
| apply to any such trustee, including
paragraph 5.
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| (5) Should the foregoing provisions respecting the | 26 |
| appointment of
trustees representing the area within any |
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| municipality of 5,000 or more
population be invalid when | 2 |
| applied to any situation, then as to such
situation any such | 3 |
| provision shall be deemed to be excised from this
Act, and the | 4 |
| trustee whose appointment is thus affected shall be
appointed | 5 |
| at large by the presiding officer of the county board with the
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| advice and consent of the county board except if the district | 7 |
| embraces
more than one county in which case the trustees shall | 8 |
| be appointed at
large by a majority vote of the presiding | 9 |
| officers of the county boards
of the counties which encompass | 10 |
| any portion of the district. | 11 |
| (6) In the case of a board representing a district that | 12 |
| embraces Franklin and Jefferson counties, a trustee may be | 13 |
| removed for incompetence, neglect of duty, or malfeasance in | 14 |
| office by the appropriate appointing presiding officer or | 15 |
| officers, without the advice and consent of the corporate | 16 |
| authorities, by filing a written order of removal with the | 17 |
| appropriate county or municipal clerk or clerks.
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| (7) Notwithstanding any other provision of law to the | 19 |
| contrary, in the case of a board representing a district that | 20 |
| embraces Franklin and Jefferson counties, the terms of all | 21 |
| trustees shall end on the effective date of this amendatory Act | 22 |
| of the 94th General Assembly. Beginning on that date, the board | 23 |
| shall consist of 7 trustees. The 7 trustees initially appointed | 24 |
| pursuant to
this
amendatory Act of the 94th General Assembly | 25 |
| shall be appointed in the same manner as otherwise provided in | 26 |
| this Section by the appropriate appointing authority and shall |
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| serve the following terms, as determined by lot: (i) 2 trustees | 2 |
| shall serve until July 1, 2006; (ii) 2 trustees shall serve | 3 |
| until July 1, 2007; (iii) one trustee shall serve until July 1, | 4 |
| 2008; (iv) one trustee shall serve until July 1, 2009; and (v) | 5 |
| one trustee shall serve until July 1, 2010. Upon expiration of | 6 |
| the terms of the trustees initially appointed
under this | 7 |
| amendatory Act of the 94th General Assembly, their respective | 8 |
| successors shall be
appointed for terms of 5 years, beginning | 9 |
| on July 1 of the year in which the previous term expires and | 10 |
| until their respective successors are appointed and qualified. | 11 |
| After the appointment of the trustees initially appointed | 12 |
| pursuant to this amendatory Act of the 94th General Assembly, | 13 |
| the number of trustees on the board may be increased in | 14 |
| accordance with subsection (4).
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| (8) Notwithstanding any other law to the contrary, the | 16 |
| Board of the Rend Lake Conservancy District shall consist of 7 | 17 |
| trustees who shall be elected at consolidated elections, | 18 |
| beginning with the consolidated election in 2009, for terms | 19 |
| commencing on the third Monday of May following their election. | 20 |
| Trustees shall be elected as follows: (i) in Franklin County, | 21 |
| one trustee shall be elected from County Board District 1, one | 22 |
| trustee shall be elected from County Board District 2, one | 23 |
| trustee shall be elected from County Board District 3, and one | 24 |
| trustee shall be elected at large; (ii) in Jefferson County, | 25 |
| one trustee shall be elected from County Board Districts 1 | 26 |
| through 5, one trustee shall be elected from County Board |
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| Districts 6 through 10, and one trustee shall be elected from | 2 |
| County Board Districts 11 through 15. | 3 |
| At the first meeting of the elected trustees in 2009, they | 4 |
| shall determine by lot 4 of the elected trustees to serve an | 5 |
| initial term of 2 years and 3 of the elected trustees to serve | 6 |
| an initial term of 4 years. Thereafter, trustees shall be | 7 |
| elected to serve a term of 4 years. If a vacancy occurs on the | 8 |
| elected Board, the Board shall appoint a trustee to serve the | 9 |
| remainder of the term, except that if more than 28 months | 10 |
| remain in the term, the appointee shall serve until the next | 11 |
| consolidated election, at which time a trustee shall be elected | 12 |
| to serve for the remainder of the term. The terms of all | 13 |
| appointed trustees holding office immediately prior to the | 14 |
| third Monday of May in 2009 shall terminate, as a matter of | 15 |
| law, on that date.
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| (Source: P.A. 94-64, eff. 6-21-05.)".
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