Full Text of SB1098 103rd General Assembly
SB1098sam001 103RD GENERAL ASSEMBLY | Sen. Dale Fowler Filed: 3/22/2023
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| 1 | | AMENDMENT TO SENATE BILL 1098
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1098 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The River Conservancy Districts Act is amended | 5 | | by changing Section 4a and by adding Section 4c as follows:
| 6 | | (70 ILCS 2105/4a) (from Ch. 42, par. 386a)
| 7 | | Sec. 4a. Every conservancy district so established shall | 8 | | be
governed by a board of trustees. In the statement finding | 9 | | the results
of the election to be favorable to the | 10 | | establishment of the district,
the circuit court shall | 11 | | determine and name each municipality within the
district | 12 | | having 5,000 or more population according to the last | 13 | | preceding
federal census.
| 14 | | (1) In case there is one or more municipalities having | 15 | | a population
of 5,000 or more within the district, the | 16 | | trustees shall be appointed as
follows:
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| 1 | | (a) In districts organized prior to July 1, 1961, | 2 | | where there is
only one such municipality, 3 trustees | 3 | | shall be appointed from such
municipality, and one | 4 | | trustee shall be appointed from the area within
the | 5 | | district outside of such municipality, and one trustee | 6 | | shall be
appointed at large. In districts organized on | 7 | | and after July 1, 1961,
where there is only one such | 8 | | municipality one trustee shall be appointed
from such | 9 | | municipality, and one trustee shall be appointed from | 10 | | each
county in the district, except that where
the | 11 | | district is wholly contained within a single county, | 12 | | one trustee shall
be appointed from that county and | 13 | | one additional trustee shall be appointed
from the | 14 | | municipality, and, in any case, 2 trustees shall be
| 15 | | appointed at large. A trustee appointed from a county | 16 | | in the district
shall be appointed from the area | 17 | | outside any such
municipality. If the district is | 18 | | located wholly within the corporate
limits of such | 19 | | municipality, 3 of the trustees of the district shall | 20 | | be
appointed from such municipality, and 2 trustees | 21 | | shall be appointed at
large. In a district wholly | 22 | | contained within a single county of between
60,500 and | 23 | | 70,000 population and having no more than one | 24 | | municipality of 5,000
or more population, regardless | 25 | | of the date of organization, 3 trustees shall be
| 26 | | appointed from that municipality, 2 trustees shall be |
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| 1 | | appointed from the
district outside that municipality, | 2 | | and 2 trustees shall be appointed at
large. No more | 3 | | than 2 appointments by each appointing authority may | 4 | | be from the
same political party.
| 5 | | In the case of the Saline Valley Conservancy | 6 | | District, in addition to the other trustees as | 7 | | provided in this subsection (a), the mayor of each | 8 | | municipality with a population of 2,000 to 4,999 that | 9 | | purchases water from the District may appoint one | 10 | | member to the Board of Trustees beginning July 1, 2023 | 11 | | for a 5-year term, and the member shall serve until the | 12 | | trustee's successor is appointed and qualified or the | 13 | | municipality no longer purchases water from the | 14 | | District. A vacancy shall be filled by the mayor of the | 15 | | municipality for the remainder of the term.
| 16 | | (b) Where there are 2 or more such municipalities, | 17 | | one trustee shall
be appointed from each such | 18 | | municipality, one trustee shall be appointed
from each | 19 | | county in the district for each 50,000 population or | 20 | | part
thereof within the district in such county | 21 | | according to the last
preceding federal census, and 2 | 22 | | trustees shall be appointed at large. A
trustee | 23 | | appointed from a county in the district shall be | 24 | | appointed from
the area outside any such municipality. | 25 | | If the district is located
wholly within the corporate | 26 | | limits of such municipalities, 2 trustees
shall be |
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| 1 | | appointed from the one of such municipalities having | 2 | | the
largest population, and one trustee shall be | 3 | | appointed from each of the
other such municipalities, | 4 | | and 2 trustees shall be appointed at large.
| 5 | | (c) Trustees representing the area within the | 6 | | district located
outside of any municipality having | 7 | | 5,000 or more population and trustees
appointed at | 8 | | large when the district is wholly contained within a | 9 | | single
county shall be appointed by the presiding | 10 | | officer of the county board
with the advice and | 11 | | consent of the county board and any trustee
| 12 | | representing the area within any such municipality | 13 | | shall be appointed by
its presiding officer. If | 14 | | however the district is located in more than
one | 15 | | county, any trustee representing the area within a | 16 | | district located
outside of any municipality having | 17 | | 5,000 or more population and any
trustee at large | 18 | | shall be appointed by a majority vote of the presiding
| 19 | | officers of the county boards of the counties which | 20 | | encompass any part
of the district, except that no | 21 | | such appointment shall affect the term
of any trustee | 22 | | in office on the effective date of this amendatory Act | 23 | | of
1977. Any trustee representing the area within any | 24 | | such municipality
shall be appointed by its presiding | 25 | | officer.
| 26 | | (d) A trustee representing the area within any |
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| 1 | | such municipality
shall reside within its corporate | 2 | | limits. A trustee representing the
area within the | 3 | | district and located outside of any such municipality
| 4 | | shall reside within such area. A trustee appointed at | 5 | | large may reside
either within or without any such | 6 | | municipality but must reside within
the territory of | 7 | | the district. Should any trustee cease to reside
| 8 | | within that part of the territory he represents, then | 9 | | his office shall
be deemed vacated, and shall be | 10 | | filled by appointment for the remainder
of the term as | 11 | | hereinafter provided.
| 12 | | (2) In case there are no municipalities having a | 13 | | population of 5,000
or more within such district located | 14 | | wholly within a single county, the
statement required by | 15 | | Section 1 shall include such finding, and in such
case the | 16 | | Board shall consist of 5 trustees who shall be appointed | 17 | | at
large by the presiding officer of the county board with | 18 | | the advice and
consent of the county board. If however the | 19 | | district is located in more
than one county, the trustees | 20 | | at large shall be appointed by a majority
vote of the | 21 | | presiding officers of the county boards of the counties
| 22 | | which encompass any portion of the district, but any | 23 | | trustee in office
on the effective date of this amendatory | 24 | | Act of 1977 shall be permitted
to serve out the remainder | 25 | | of his term. Each such trustee shall reside
within the | 26 | | district and shall continue to reside therein.
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| 1 | | (3) All initial appointments of trustees shall be made | 2 | | within 60
days after the determination of the result of | 3 | | the election. Each
appointment shall be in writing and | 4 | | shall be filed and made a matter of
record in the office of | 5 | | the county clerk wherein the organization
proceedings were | 6 | | filed. A trustee shall qualify within 10 days after
| 7 | | appointment by acceptance and the taking of the | 8 | | constitutional oath of
office, both to be in writing and | 9 | | similarly filed for record in the
office of such county | 10 | | clerk. Members initially appointed to the board
of | 11 | | trustees of such district shall serve from date of | 12 | | appointment for 1,
2, 3, 4 and 5 years and shall draw lots | 13 | | to determine the periods for
which they each shall serve. | 14 | | In case there are more than 5 trustees,
lots shall be drawn | 15 | | so that 5 trustees shall serve initial terms of 1,
2, 3, 4 | 16 | | and 5 years and the other trustees shall serve terms of 1, | 17 | | 2, 3,
4 or 5 years as the number of trustees shall require | 18 | | and the drawing of
lots shall determine. The successors of | 19 | | all such initial members of the
board of trustees of a | 20 | | river conservancy district shall serve for terms
of 5 | 21 | | years, all such appointments and appointments to fill | 22 | | vacancies
shall be made in like manner as in the case of | 23 | | the initial trustees. A
trustee having been duly appointed | 24 | | shall continue to serve after the
expiration of his term | 25 | | until his successor has been appointed.
Each trustee | 26 | | initially appointed in accordance with this amendatory Act |
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| 1 | | of
1995 shall serve a term of 3 or 5 years as determined by | 2 | | lot.
| 3 | | (4) Should a municipality which is wholly within a | 4 | | district attain,
or should such a municipality be | 5 | | established, having a population of
5,000 or more after | 6 | | the entry of the statement by the circuit court, the
| 7 | | presiding officer of such municipality may petition the | 8 | | circuit court of
the county in which such municipality | 9 | | lies for an order finding and
determining the population | 10 | | of such municipality and, if it is found and
determined | 11 | | upon the hearing of such petition that the population of | 12 | | such
municipality is 5,000 or more, the board of trustees | 13 | | of such district as
previously established shall be | 14 | | increased by one trustee who shall
reside within the | 15 | | corporate limits of such municipality and shall be
| 16 | | appointed by its presiding officer. The initial trustee so | 17 | | appointed
shall serve for a term of 1, 2, 3, 4 or 5 years, | 18 | | as may be determined by
lot, and his successors shall be | 19 | | similarly appointed and shall serve for
terms of 5 years. | 20 | | All provisions of this Section applicable to trustees
| 21 | | representing municipal areas shall apply to any such | 22 | | trustee, including
paragraph 5.
| 23 | | (5) Should the foregoing provisions respecting the | 24 | | appointment of
trustees representing the area within any | 25 | | municipality of 5,000 or more
population be invalid when | 26 | | applied to any situation, then as to such
situation any |
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| 1 | | such provision shall be deemed to be excised from this
| 2 | | Act, and the trustee whose appointment is thus affected | 3 | | shall be
appointed at large by the presiding officer of | 4 | | the county board with the
advice and consent of the county | 5 | | board except if the district embraces
more than one county | 6 | | in which case the trustees shall be appointed at
large by a | 7 | | majority vote of the presiding officers of the county | 8 | | boards
of the counties which encompass any portion of the | 9 | | district. | 10 | | (6) In the case of a board representing a district | 11 | | that embraces Franklin and Jefferson counties, a trustee | 12 | | may be removed for incompetence, neglect of duty, or | 13 | | malfeasance in office by the appropriate appointing | 14 | | presiding officer or officers, without the advice and | 15 | | consent of the corporate authorities, by filing a written | 16 | | order of removal with the appropriate county or municipal | 17 | | clerk or clerks.
| 18 | | (7) Notwithstanding any other provision of law to the | 19 | | contrary, in the case of a board representing a district | 20 | | that embraces Franklin and Jefferson counties, the terms | 21 | | of all trustees shall end on the effective date of this | 22 | | amendatory Act of the 94th General Assembly. Beginning on | 23 | | that date, the board shall consist of 7 trustees. The 7 | 24 | | trustees initially appointed pursuant to
this
amendatory | 25 | | Act of the 94th General Assembly shall be appointed in the | 26 | | same manner as otherwise provided in this Section by the |
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| 1 | | appropriate appointing authority and shall serve the | 2 | | following terms, as determined by lot: (i) 2 trustees | 3 | | shall serve until July 1, 2006; (ii) 2 trustees shall | 4 | | serve until July 1, 2007; (iii) one trustee shall serve | 5 | | until July 1, 2008; (iv) one trustee shall serve until | 6 | | July 1, 2009; and (v) one trustee shall serve until July 1, | 7 | | 2010. Upon expiration of the terms of the trustees | 8 | | initially appointed
under this amendatory Act of the 94th | 9 | | General Assembly, their respective successors shall be
| 10 | | appointed for terms of 5 years, beginning on July 1 of the | 11 | | year in which the previous term expires and until their | 12 | | respective successors are appointed and qualified. After | 13 | | the appointment of the trustees initially appointed | 14 | | pursuant to this amendatory Act of the 94th General | 15 | | Assembly, the number of trustees on the board may be | 16 | | increased in accordance with subsection (4).
| 17 | | (Source: P.A. 94-64, eff. 6-21-05.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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