Full Text of SB0426 100th General Assembly
SB0426enr 100TH GENERAL ASSEMBLY |
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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 trustees | 13 | | for the Fox River Water Reclamation District, the Sanitary | 14 | | District of Decatur, and the Northern Moraine Wastewater | 15 | | Reclamation District
shall each consist of 5 members. Each | 16 | | board of trustees shall be created for the
government, control | 17 | | and management of the affairs and business of each
sanitary | 18 | | district organized under this Act shall be created in the
| 19 | | following manner:
| 20 | | (1) If the district's corporate boundaries are located | 21 | | wholly within a single county, the
presiding officer of the | 22 | | county board, with the advice and consent of
the county | 23 | | 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 shall | 18 | | be for 3 years commencing the first
Monday in May of the year | 19 | | in which he is appointed. The
length of the term of the first | 20 | | trustees shall be determined by lot at
their first meeting.
| 21 | | In the case of any sanitary district created after January | 22 | | 1, 1978 in which
a 5 member board of trustees is required, the | 23 | | appropriate appointing authority
shall appoint 5 trustees, one | 24 | | of whom shall hold office for one year, two
of whom shall hold | 25 | | office for 2 years, and 2 of whom shall hold office for
3 years | 26 | | from the first Monday of May next after their respective |
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| 1 | | appointments
and until their successors are appointed and have | 2 | | qualified. Thereafter,
on or before the second Monday in April | 3 | | of each year the appropriate
appointing authority shall appoint | 4 | | one trustee or 2 trustees, as shall be
necessary to maintain a | 5 | | 5 member board of trustees, whose terms shall be for 3
years
| 6 | | commencing the first Monday in May of the year in which they | 7 | | are respectively
appointed. The length of the terms of the | 8 | | first trustees shall be determined
by lot at their first | 9 | | meeting.
| 10 | | In any sanitary district created prior to January 1, 1978 | 11 | | in which a
5 member board of trustees is required as of January | 12 | | 1, 1978,
the two trustees already serving terms which do not | 13 | | expire on May 1, 1978
shall continue to hold office for the | 14 | | remainders of their respective terms,
and 3 trustees shall be | 15 | | appointed by the appropriate appointing authority
by April 10, | 16 | | 1978 and shall hold office for terms beginning May 1, 1978.
Of | 17 | | the three new trustees, one shall hold office for 2 years and 2 | 18 | | shall
hold office for 3 years from May 1, 1978 and until their | 19 | | successors are
appointed and have qualified. Thereafter, on or | 20 | | before the second Monday
in April of each year the appropriate | 21 | | appointing authority shall appoint
one trustee or 2 trustees, | 22 | | as shall be necessary to maintain a 5 member
board of trustees, | 23 | | whose terms shall be for 3 years commencing the first
Monday in | 24 | | May of the year in which they are respectively appointed. The
| 25 | | lengths of the terms of the trustees who are to hold office | 26 | | beginning May
1, 1978 shall be determined by lot at their first |
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| 1 | | meeting after May 1, 1978.
| 2 | | No more than 3 members of a 5 member board of trustees may | 3 | | be of the same
political party; except that in any sanitary | 4 | | district which otherwise
meets the requirements of this Section | 5 | | and which lies within 4 counties of the
State of Illinois or, | 6 | | prior to April 30, 2008, in the Fox River Water Reclamation | 7 | | District; the
appointments of the 5 members of the board of | 8 | | trustees
shall be made without regard to political party. | 9 | | Beginning with the appointments made on April 30, 2008, all | 10 | | appointments to the board of trustees of the Fox River Water | 11 | | Reclamation District shall be made so that no more than 3 of | 12 | | the 5 members are from the same political party.
| 13 | | On and after the effective date of this amendatory Act of | 14 | | the 100th General Assembly, appointments to the board of | 15 | | trustees of the Thorn Creek Basin Sanitary District shall be | 16 | | made as provided in this paragraph. The mayor of each | 17 | | municipality located in whole or in part within the territory | 18 | | of the District shall recommend a candidate or candidates to be | 19 | | appointed to the position of trustee. A majority of the mayors | 20 | | must select an appropriate candidate to be appointed from among | 21 | | those candidates recommended by the mayors. | 22 | | Within 60 days after the release of Federal census | 23 | | statistics showing that
a sanitary district having a 3 member | 24 | | board of trustees contains one
or more municipalities with a | 25 | | population over 90,000 but less than 500,000,
or, for the | 26 | | Northern Moraine Wastewater Reclamation District, within 60 |
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| 1 | | days after the effective date of this amendatory Act of the | 2 | | 95th General Assembly, the appropriate appointing authority | 3 | | shall appoint 2 additional trustees
to the board of trustees, | 4 | | one to hold office for 2 years and one to hold
office for 3 | 5 | | years from the first Monday of May next after their appointment
| 6 | | and until their successors are appointed and have qualified. | 7 | | The lengths
of the terms of these two additional members shall | 8 | | be determined by lot
at the first meeting of the board of | 9 | | trustees held after the additional
members take office. The | 10 | | three trustees already holding office in the sanitary
district | 11 | | shall continue
to hold office for the remainders of their | 12 | | respective terms. Thereafter,
on or before the second Monday in | 13 | | April of each year the appropriate appointing
authority shall | 14 | | appoint one trustee or 2 trustees, as shall be necessary
to | 15 | | maintain a 5 member board of trustees, whose terms shall be for | 16 | | 3 years
commencing the first Monday in May of the year in which | 17 | | they are respectively
appointed.
| 18 | | If any sanitary district having a 5 member board of | 19 | | trustees shall cease
to contain one or more municipalities with | 20 | | a population over 90,000 but
less than 500,000 according to the | 21 | | most recent Federal census, then, for
so long as that sanitary | 22 | | district does not contain one or more such
municipalities,
on | 23 | | or before the second Monday in April of each year the | 24 | | appropriate appointing
authority shall
appoint one trustee | 25 | | whose term shall be for 3 years commencing the first
Monday in | 26 | | May of the year in which he is appointed. In districts which
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| 1 | | include 2 or more incorporated cities, towns, or villages, or | 2 | | parts of 2
or more incorporated cities, towns, or villages, all | 3 | | of the trustees shall
not be from one incorporated city, town | 4 | | or village.
| 5 | | If a vacancy occurs on any board of trustees, the | 6 | | appropriate appointing
authority shall within 60 days appoint a | 7 | | trustee who shall hold office for
the remainder of the vacated | 8 | | term.
| 9 | | The appointing authority shall require each of the trustees | 10 | | to enter
into bond, with security to be approved by the | 11 | | appointing authority, in
such sum as the appointing authority | 12 | | may determine.
| 13 | | A majority of the board of trustees shall constitute a | 14 | | quorum but a
smaller number may adjourn from day to day. No | 15 | | trustee or employee of
such district shall be directly or | 16 | | indirectly interested in any
contract, work or business of the | 17 | | district, or the sale of any article,
the expense, price or | 18 | | consideration of which is paid by such district;
nor in the | 19 | | purchase of any real estate or property belonging to the
| 20 | | district, or which shall be sold for taxes or assessments, or | 21 | | by virtue
of legal process at the suit of the district. | 22 | | Provided, that nothing
herein shall be construed as prohibiting | 23 | | the appointment or selection of
any person as trustee or | 24 | | employee whose only interest in the district is
as owner of | 25 | | real estate in the district or of contributing to the
payment | 26 | | of taxes levied by the district. The trustees shall have the
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| 1 | | power to provide and adopt a corporate seal for the district.
| 2 | | Notwithstanding any other provision in this Section, in any | 3 | | sanitary
district created prior to the effective date of this | 4 | | amendatory Act of
1985, in which a five member board of | 5 | | trustees has been appointed and which
currently includes one or | 6 | | more municipalities with a population of over
90,000 but less | 7 | | than 500,000, the board of trustees shall consist of five
| 8 | | members. | 9 | | Except as otherwise provided for vacancies, in the event | 10 | | that the appropriate appointing authority fails to appoint a | 11 | | trustee under this Section, the appropriate appointing | 12 | | authority shall reconvene and appoint a successor on or before | 13 | | July 1 of that year.
| 14 | | (Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)
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