Full Text of SB1892 96th General Assembly
SB1892sam001 96TH GENERAL ASSEMBLY
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Sen. Michael Noland
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 1892
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| AMENDMENT NO. ______. Amend Senate Bill 1892 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 Sections 3 and 4 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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| shall each consist of 5 members. Each board of trustees shall | 15 |
| be created for the
government, control and management of the | 16 |
| affairs and business of each
sanitary district organized under |
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| this Act shall be created in the
following manner:
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| (1) If the district is located wholly within a single | 3 |
| county, the
presiding officer of the county board, with the | 4 |
| advice and consent of
the county board, shall appoint the | 5 |
| trustees for the district;
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| (2) If the district is located in more than one county, | 7 |
| the members
of the General Assembly whose legislative | 8 |
| districts encompass any
portion of the district shall | 9 |
| appoint the trustees for the district.
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| In any sanitary district which shall have a 3 member board | 11 |
| of trustees,
within 60 days after the adoption of such act, the | 12 |
| appropriate
appointing authority shall appoint three trustees | 13 |
| not more than 2 of
whom shall be from one incorporated city, | 14 |
| town or village in districts
in which are included 2 or more | 15 |
| incorporated cities, towns or villages,
or parts of 2 or more | 16 |
| incorporated cities, towns or villages, who shall
hold their | 17 |
| office respectively for 1, 2 and 3 years, from the first
Monday | 18 |
| of May next after their appointment and until their successors
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| are appointed and have qualified, and thereafter on or before | 20 |
| the second
Monday in April of each year the appropriate | 21 |
| appointing authority shall
appoint one trustee whose term shall | 22 |
| be for 3 years commencing the first
Monday in May of the year | 23 |
| in which he is appointed. The
length of the term of the first | 24 |
| trustees shall be determined by lot at
their first meeting.
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| In the case of any sanitary district created after January | 26 |
| 1, 1978 in which
a 5 member board of trustees is required, the |
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| appropriate appointing authority
shall appoint 5 trustees, one | 2 |
| of whom shall hold office for one year, two
of whom shall hold | 3 |
| office for 2 years, and 2 of whom shall hold office for
3 years | 4 |
| from the first Monday of May next after their respective | 5 |
| appointments
and until their successors are appointed and have | 6 |
| qualified. Thereafter,
on or before the second Monday in April | 7 |
| of each year the appropriate
appointing authority shall appoint | 8 |
| one trustee or 2 trustees, as shall be
necessary to maintain a | 9 |
| 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 | 11 |
| are respectively
appointed. The length of the terms of the | 12 |
| first trustees shall be determined
by lot at their first | 13 |
| meeting.
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| In any sanitary district created prior to January 1, 1978 | 15 |
| in which a
5 member board of trustees is required as of January | 16 |
| 1, 1978,
the two trustees already serving terms which do not | 17 |
| expire on May 1, 1978
shall continue to hold office for the | 18 |
| remainders of their respective terms,
and 3 trustees shall be | 19 |
| appointed by the appropriate appointing authority
by April 10, | 20 |
| 1978 and shall hold office for terms beginning May 1, 1978.
Of | 21 |
| the three new trustees, one shall hold office for 2 years and 2 | 22 |
| shall
hold office for 3 years from May 1, 1978 and until their | 23 |
| successors are
appointed and have qualified. Thereafter, on or | 24 |
| before the second Monday
in April of each year the appropriate | 25 |
| appointing authority shall appoint
one trustee or 2 trustees, | 26 |
| as shall be necessary to maintain a 5 member
board of trustees, |
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| whose terms shall be for 3 years commencing the first
Monday in | 2 |
| 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 | 4 |
| beginning May
1, 1978 shall be determined by lot at their first | 5 |
| meeting after May 1, 1978.
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| No more than 3 members of a 5 member board of trustees may | 7 |
| be of the same
political party; except that in any sanitary | 8 |
| district which otherwise
meets the requirements of this Section | 9 |
| and which lies within 4 counties of the
State of Illinois , or, | 10 |
| prior to April 30, 2008, in the Fox River Water Reclamation | 11 |
| District; the
appointments of the 5 members of the board of | 12 |
| trustees
shall be made without regard to political party. | 13 |
| Beginning with the appointments made on April 30, 2008, all | 14 |
| appointments to the board of trustees of the Fox River Water | 15 |
| Reclamation District shall be made so that no more than 3 of | 16 |
| the 5 members are from the same political party.
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| Within 60 days after the effective date of this amendatory | 18 |
| Act of the 96th General Assembly, the original appointing | 19 |
| authorities for the Fox River Water Reclamation District shall | 20 |
| appoint 3 successor trustees to the board, no more than 2 of | 21 |
| whom may be from the same political party. The terms of all | 22 |
| trustees serving on the effective date of this amendatory Act | 23 |
| of the 96th General Assembly shall end when the successor | 24 |
| trustees are appointed and qualified. The 3 successor trustees | 25 |
| initially appointed pursuant to this amendatory Act of the 96th | 26 |
| General Assembly shall serve the following terms as determined |
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| by lot: 2 trustees shall serve until May 1, 2010 and one | 2 |
| trustee shall serve until May 1, 2011. Their successors shall | 3 |
| serve for 3-year terms. All successor appointments to the board | 4 |
| of the Fox River Water Reclamation District shall be made so | 5 |
| that no more than 2 of the 3 trustees are from the same | 6 |
| political party. | 7 |
| Within 60 days after the release of Federal census | 8 |
| statistics showing that
a sanitary district having a 3 member | 9 |
| board of trustees contains one
or more municipalities with a | 10 |
| population over 90,000 but less than 500,000,
or, for the | 11 |
| Northern Moraine Wastewater Reclamation District, within 60 | 12 |
| days after the effective date of this amendatory Act of the | 13 |
| 95th General Assembly, the appropriate appointing authority | 14 |
| shall appoint 2 additional trustees
to the board of trustees, | 15 |
| one to hold office for 2 years and one to hold
office for 3 | 16 |
| years from the first Monday of May next after their appointment
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| and until their successors are appointed and have qualified. | 18 |
| The lengths
of the terms of these two additional members shall | 19 |
| be determined by lot
at the first meeting of the board of | 20 |
| trustees held after the additional
members take office. The | 21 |
| three trustees already holding office in the sanitary
district | 22 |
| shall continue
to hold office for the remainders of their | 23 |
| respective terms. Thereafter,
on or before the second Monday in | 24 |
| April of each year the appropriate appointing
authority shall | 25 |
| appoint one trustee or 2 trustees, as shall be necessary
to | 26 |
| maintain a 5 member board of trustees, whose terms shall be for |
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| 3 years
commencing the first Monday in May of the year in which | 2 |
| they are respectively
appointed.
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| If any sanitary district having a 5 member board of | 4 |
| trustees shall cease
to contain one or more municipalities with | 5 |
| a population over 90,000 but
less than 500,000 according to the | 6 |
| most recent Federal census, then, for
so long as that sanitary | 7 |
| district does not contain one or more such
municipalities,
on | 8 |
| or before the second Monday in April of each year the | 9 |
| appropriate appointing
authority shall
appoint one trustee | 10 |
| whose term shall be for 3 years commencing the first
Monday in | 11 |
| 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 | 13 |
| parts of 2
or more incorporated cities, towns, or villages, all | 14 |
| of the trustees shall
not be from one incorporated city, town | 15 |
| or village.
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| If a vacancy occurs on any board of trustees, the | 17 |
| appropriate appointing
authority shall within 60 days appoint a | 18 |
| trustee who shall hold office for
the remainder of the vacated | 19 |
| term.
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| The appointing authority shall require each of the trustees | 21 |
| to enter
into bond, with security to be approved by the | 22 |
| appointing authority, in
such sum as the appointing authority | 23 |
| may determine.
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| A majority of the board of trustees shall constitute a | 25 |
| quorum but a
smaller number may adjourn from day to day. No | 26 |
| trustee or employee of
such district shall be directly or |
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| indirectly interested in any
contract, work or business of the | 2 |
| district, or the sale of any article,
the expense, price or | 3 |
| consideration of which is paid by such district;
nor in the | 4 |
| 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 | 6 |
| by virtue
of legal process at the suit of the district. | 7 |
| Provided, that nothing
herein shall be construed as prohibiting | 8 |
| the appointment or selection of
any person as trustee or | 9 |
| employee whose only interest in the district is
as owner of | 10 |
| real estate in the district or of contributing to the
payment | 11 |
| 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 | 14 |
| sanitary
district created prior to the effective date of this | 15 |
| amendatory Act of
1985, in which a five member board of | 16 |
| trustees has been appointed and which
currently includes one or | 17 |
| more municipalities with a population of over
90,000 but less | 18 |
| than 500,000, the board of trustees shall consist of five
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| members.
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| (Source: P.A. 95-608, eff. 9-11-07.)
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| (70 ILCS 2405/4) (from Ch. 42, par. 303)
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| Sec. 4. The trustees shall constitute a board of trustees | 23 |
| for the district. The board of trustees is the corporate | 24 |
| authority of such sanitary
district, and shall exercise all the | 25 |
| powers and manage and control all
the affairs and property of |
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| the district. The board of trustees
immediately after their | 2 |
| appointment and at their first meeting in May of
each year | 3 |
| thereafter, shall elect one of their number as president, one
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| of their number as vice-president, and from or outside of their
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| membership a clerk and an assistant clerk. In case of the | 6 |
| death,
resignation, absence from the State, or other disability | 7 |
| of the
president, the powers, duties and emoluments of the | 8 |
| office of the
president shall devolve upon the vice-president, | 9 |
| until such disability
is removed or until a successor to the | 10 |
| president is appointed and chosen
in the manner provided in | 11 |
| this Act. The board may select a treasurer,
engineer and | 12 |
| attorney for the district, and a board of local
improvements | 13 |
| consisting of 5 members in any sanitary district which includes
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| one or more municipalities with a population of over 90,000 but | 15 |
| less than
500,000 according to the most recent Federal census | 16 |
| and consisting of
3 members in any other district, all of whom | 17 |
| may be trustees or
other citizens of the sanitary district. The | 18 |
| board may appoint such other
officers and hire such employees | 19 |
| to manage and control the operations of
the district as it | 20 |
| deems necessary; provided, however, that the
board shall not | 21 |
| employ an individual as a wastewater operator whose Certificate
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| of Technical Competency is suspended or revoked under rules | 23 |
| adopted by the
Pollution Control Board under item (4) of | 24 |
| subsection (a) of Section 13 of the
Environmental Protection | 25 |
| Act.
The board may appoint a chief administrative officer for a | 26 |
| term not to
exceed 4 years subject to removal by the board for |
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| cause. Appointment of the
chief administrative officer may be | 2 |
| renewed as often as the board deems
necessary. All other | 3 |
| persons selected by the
board shall hold their respective | 4 |
| offices during the pleasure of the
board, and all persons | 5 |
| selected by the board shall give such bond as may be
required | 6 |
| by the board. The board may
prescribe the duties and fix the | 7 |
| compensation of all the officers and
employees of the sanitary | 8 |
| district. However, no member of a the board of
trustees with 5 | 9 |
| members shall receive more than $6,000 per year. No member of a | 10 |
| board of trustees with 3 members shall receive more than $4,000 | 11 |
| per year. No member of a board of local improvements shall | 12 |
| receive more than $4,000 per year.
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| The board of trustees has full power to pass all necessary
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| ordinances, rules and regulations for the proper management and | 15 |
| conduct
of the business of the board and the corporation, and | 16 |
| for carrying into
effect the objects for which the sanitary | 17 |
| district was formed. Such
ordinances may provide for a fine for | 18 |
| each offense of not less than $100
or more than $1,000. Each | 19 |
| day's continuance of such violation shall be a
separate | 20 |
| offense. Fines pursuant to this Section are recoverable by the
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| sanitary district in a civil action. The sanitary district is | 22 |
| authorized
to apply to the circuit court for injunctive relief | 23 |
| or mandamus when, in
the opinion of the chief administrative | 24 |
| officer, such relief is necessary
to protect the sewerage | 25 |
| system of the sanitary district.
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| (Source: P.A. 89-143, eff. 7-14-95; 89-502, eff. 6-28-96; |
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| 90-14, eff.
7-1-97.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
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