Illinois General Assembly - Full Text of SB1099
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Full Text of SB1099  103rd General Assembly

SB1099sam001 103RD GENERAL ASSEMBLY

Sen. Dan McConchie

Filed: 10/25/2023

 

 


 

 


 
10300SB1099sam001LRB103 05534 AWJ 64143 a

1
AMENDMENT TO SENATE BILL 1099

2    AMENDMENT NO. ______. Amend Senate Bill 1099 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 2A-41 and 7-12 as follows:
 
6    (10 ILCS 5/2A-41)  (from Ch. 46, par. 2A-41)
7    Sec. 2A-41. Sanitary District - Trustee - Time of
8Election. A trustee of a Sanitary District which elects its
9trustees, other than the Metropolitan Sanitary District of
10Greater Chicago, the Northern Moraine Wastewater Reclamation
11District, or the Fox Metro Water Reclamation District, shall
12be elected at the general election in each even-numbered year
13which immediately precedes the expiration of the term of any
14incumbent trustee, to succeed each incumbent trustee whose
15term ends before the following general election.
16(Source: P.A. 101-523, eff. 8-23-19.)
 

 

 

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1    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
2    Sec. 7-12. All petitions for nomination shall be filed by
3mail or in person as follows:
4        (1) Except as otherwise provided in this Code, where
5    the nomination is to be made for a State, congressional,
6    or judicial office, or for any office a nomination for
7    which is made for a territorial division or district which
8    comprises more than one county or is partly in one county
9    and partly in another county or counties (including the
10    Fox Metro Water Reclamation District and the Northern
11    Moraine Wastewater Reclamation District), then, except as
12    otherwise provided in this Section, such petition for
13    nomination shall be filed in the principal office of the
14    State Board of Elections not more than 113 and not less
15    than 106 days prior to the date of the primary, but, in the
16    case of petitions for nomination to fill a vacancy by
17    special election in the office of representative in
18    Congress from this State, such petition for nomination
19    shall be filed in the principal office of the State Board
20    of Elections not more than 85 days and not less than 82
21    days prior to the date of the primary.
22        Where a vacancy occurs in the office of Supreme,
23    Appellate or Circuit Court Judge within the 3-week period
24    preceding the 106th day before a general primary election,
25    petitions for nomination for the office in which the

 

 

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1    vacancy has occurred shall be filed in the principal
2    office of the State Board of Elections not more than 92 nor
3    less than 85 days prior to the date of the general primary
4    election.
5        Where the nomination is to be made for delegates or
6    alternate delegates to a national nominating convention,
7    then such petition for nomination shall be filed in the
8    principal office of the State Board of Elections not more
9    than 113 and not less than 106 days prior to the date of
10    the primary; provided, however, that if the rules or
11    policies of a national political party conflict with such
12    requirements for filing petitions for nomination for
13    delegates or alternate delegates to a national nominating
14    convention, the chair of the State central committee of
15    such national political party shall notify the Board in
16    writing, citing by reference the rules or policies of the
17    national political party in conflict, and in such case the
18    Board shall direct such petitions to be filed in
19    accordance with the delegate selection plan adopted by the
20    state central committee of such national political party.
21        (2) Where the nomination is to be made for a county
22    office or trustee of a sanitary district then such
23    petition shall be filed in the office of the county clerk
24    not more than 113 nor less than 106 days prior to the date
25    of the primary.
26        (3) Where the nomination is to be made for a municipal

 

 

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1    or township office, such petitions for nomination shall be
2    filed in the office of the local election official, not
3    more than 99 nor less than 92 days prior to the date of the
4    primary; provided, where a municipality's or township's
5    boundaries are coextensive with or are entirely within the
6    jurisdiction of a municipal board of election
7    commissioners, the petitions shall be filed in the office
8    of such board; and provided, that petitions for the office
9    of multi-township assessor shall be filed with the
10    election authority.
11        (4) The petitions of candidates for State central
12    committeeperson shall be filed in the principal office of
13    the State Board of Elections not more than 113 nor less
14    than 106 days prior to the date of the primary.
15        (5) Petitions of candidates for precinct, township or
16    ward committeepersons shall be filed in the office of the
17    county clerk not more than 113 nor less than 106 days prior
18    to the date of the primary.
19        (6) The State Board of Elections and the various
20    election authorities and local election officials with
21    whom such petitions for nominations are filed shall
22    specify the place where filings shall be made and upon
23    receipt shall endorse thereon the day and hour on which
24    each petition was filed. All petitions filed by persons
25    waiting in line as of 8:00 a.m. on the first day for
26    filing, or as of the normal opening hour of the office

 

 

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1    involved on such day, shall be deemed filed as of 8:00 a.m.
2    or the normal opening hour, as the case may be. Petitions
3    filed by mail and received after midnight of the first day
4    for filing and in the first mail delivery or pickup of that
5    day shall be deemed as filed as of 8:00 a.m. of that day or
6    as of the normal opening hour of such day, as the case may
7    be. All petitions received thereafter shall be deemed as
8    filed in the order of actual receipt. However, 2 or more
9    petitions filed within the last hour of the filing
10    deadline shall be deemed filed simultaneously. Where 2 or
11    more petitions are received simultaneously, the State
12    Board of Elections or the various election authorities or
13    local election officials with whom such petitions are
14    filed shall break ties and determine the order of filing,
15    by means of a lottery or other fair and impartial method of
16    random selection approved by the State Board of Elections.
17    Such lottery shall be conducted within 9 days following
18    the last day for petition filing and shall be open to the
19    public. Seven days written notice of the time and place of
20    conducting such random selection shall be given by the
21    State Board of Elections to the chair of the State central
22    committee of each established political party, and by each
23    election authority or local election official, to the
24    County Chair of each established political party, and to
25    each organization of citizens within the election
26    jurisdiction which was entitled, under this Article, at

 

 

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1    the next preceding election, to have pollwatchers present
2    on the day of election. The State Board of Elections,
3    election authority or local election official shall post
4    in a conspicuous, open and public place, at the entrance
5    of the office, notice of the time and place of such
6    lottery. The State Board of Elections shall adopt rules
7    and regulations governing the procedures for the conduct
8    of such lottery. All candidates shall be certified in the
9    order in which their petitions have been filed. Where
10    candidates have filed simultaneously, they shall be
11    certified in the order determined by lot and prior to
12    candidates who filed for the same office at a later time.
13        (7) The State Board of Elections or the appropriate
14    election authority or local election official with whom
15    such a petition for nomination is filed shall notify the
16    person for whom a petition for nomination has been filed
17    of the obligation to file statements of organization,
18    reports of campaign contributions, and annual reports of
19    campaign contributions and expenditures under Article 9 of
20    this Code. Such notice shall be given in the manner
21    prescribed by paragraph (7) of Section 9-16 of this Code.
22        (8) Nomination papers filed under this Section are not
23    valid if the candidate named therein fails to file a
24    statement of economic interests as required by the
25    Illinois Governmental Ethics Act in relation to his
26    candidacy with the appropriate officer by the end of the

 

 

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1    period for the filing of nomination papers unless he has
2    filed a statement of economic interests in relation to the
3    same governmental unit with that officer within a year
4    preceding the date on which such nomination papers were
5    filed. If the nomination papers of any candidate and the
6    statement of economic interest of that candidate are not
7    required to be filed with the same officer, the candidate
8    must file with the officer with whom the nomination papers
9    are filed a receipt from the officer with whom the
10    statement of economic interests is filed showing the date
11    on which such statement was filed. Such receipt shall be
12    so filed not later than the last day on which nomination
13    papers may be filed.
14        (9) Except as otherwise provided in this Code, any
15    person for whom a petition for nomination, or for
16    committeeperson or for delegate or alternate delegate to a
17    national nominating convention has been filed may cause
18    his name to be withdrawn by request in writing, signed by
19    him and duly acknowledged before an officer qualified to
20    take acknowledgments of deeds, and filed in the principal
21    or permanent branch office of the State Board of Elections
22    or with the appropriate election authority or local
23    election official, not later than the date of
24    certification of candidates for the consolidated primary
25    or general primary ballot. No names so withdrawn shall be
26    certified or printed on the primary ballot. If petitions

 

 

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1    for nomination have been filed for the same person with
2    respect to more than one political party, his name shall
3    not be certified nor printed on the primary ballot of any
4    party. If petitions for nomination have been filed for the
5    same person for 2 or more offices which are incompatible
6    so that the same person could not serve in more than one of
7    such offices if elected, that person must withdraw as a
8    candidate for all but one of such offices within the 5
9    business days following the last day for petition filing.
10    A candidate in a judicial election may file petitions for
11    nomination for only one vacancy in a subcircuit and only
12    one vacancy in a circuit in any one filing period, and if
13    petitions for nomination have been filed for the same
14    person for 2 or more vacancies in the same circuit or
15    subcircuit in the same filing period, his or her name
16    shall be certified only for the first vacancy for which
17    the petitions for nomination were filed. If he fails to
18    withdraw as a candidate for all but one of such offices
19    within such time his name shall not be certified, nor
20    printed on the primary ballot, for any office. For the
21    purpose of the foregoing provisions, an office in a
22    political party is not incompatible with any other office.
23        (10)(a) Notwithstanding the provisions of any other
24    statute, no primary shall be held for an established
25    political party in any township, municipality, or ward
26    thereof, where the nomination of such party for every

 

 

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1    office to be voted upon by the electors of such township,
2    municipality, or ward thereof, is uncontested. Whenever a
3    political party's nomination of candidates is uncontested
4    as to one or more, but not all, of the offices to be voted
5    upon by the electors of a township, municipality, or ward
6    thereof, then a primary shall be held for that party in
7    such township, municipality, or ward thereof; provided
8    that the primary ballot shall not include those offices
9    within such township, municipality, or ward thereof, for
10    which the nomination is uncontested. For purposes of this
11    Article, the nomination of an established political party
12    of a candidate for election to an office shall be deemed to
13    be uncontested where not more than the number of persons
14    to be nominated have timely filed valid nomination papers
15    seeking the nomination of such party for election to such
16    office.
17        (b) Notwithstanding the provisions of any other
18    statute, no primary election shall be held for an
19    established political party for any special primary
20    election called for the purpose of filling a vacancy in
21    the office of representative in the United States Congress
22    where the nomination of such political party for said
23    office is uncontested. For the purposes of this Article,
24    the nomination of an established political party of a
25    candidate for election to said office shall be deemed to
26    be uncontested where not more than the number of persons

 

 

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1    to be nominated have timely filed valid nomination papers
2    seeking the nomination of such established party for
3    election to said office. This subsection (b) shall not
4    apply if such primary election is conducted on a regularly
5    scheduled election day.
6        (c) Notwithstanding the provisions in subparagraph (a)
7    and (b) of this paragraph (10), whenever a person who has
8    not timely filed valid nomination papers and who intends
9    to become a write-in candidate for a political party's
10    nomination for any office for which the nomination is
11    uncontested files a written statement or notice of that
12    intent with the State Board of Elections or the local
13    election official with whom nomination papers for such
14    office are filed, a primary ballot shall be prepared and a
15    primary shall be held for that office. Such statement or
16    notice shall be filed on or before the date established in
17    this Article for certifying candidates for the primary
18    ballot. Such statement or notice shall contain (i) the
19    name and address of the person intending to become a
20    write-in candidate, (ii) a statement that the person is a
21    qualified primary elector of the political party from whom
22    the nomination is sought, (iii) a statement that the
23    person intends to become a write-in candidate for the
24    party's nomination, and (iv) the office the person is
25    seeking as a write-in candidate. An election authority
26    shall have no duty to conduct a primary and prepare a

 

 

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1    primary ballot for any office for which the nomination is
2    uncontested unless a statement or notice meeting the
3    requirements of this Section is filed in a timely manner.
4        (11) If multiple sets of nomination papers are filed
5    for a candidate to the same office, the State Board of
6    Elections, appropriate election authority or local
7    election official where the petitions are filed shall
8    within 2 business days notify the candidate of his or her
9    multiple petition filings and that the candidate has 3
10    business days after receipt of the notice to notify the
11    State Board of Elections, appropriate election authority
12    or local election official that he or she may cancel prior
13    sets of petitions. If the candidate notifies the State
14    Board of Elections, appropriate election authority or
15    local election official, the last set of petitions filed
16    shall be the only petitions to be considered valid by the
17    State Board of Elections, election authority or local
18    election official. If the candidate fails to notify the
19    State Board of Elections, election authority or local
20    election official then only the first set of petitions
21    filed shall be valid and all subsequent petitions shall be
22    void.
23        (12) All nominating petitions shall be available for
24    public inspection and shall be preserved for a period of
25    not less than 6 months.
26(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;

 

 

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1102-687, eff. 12-17-21.)
 
2    Section 10. The Sanitary District Act of 1917 is amended
3by changing Section 3 as follows:
 
4    (70 ILCS 2405/3)  (from Ch. 42, par. 301)
5    Sec. 3. Board of trustees; creation; term. A board of
6trustees shall be created, consisting of 5 members in any
7sanitary district which includes one or more municipalities
8with a population of over 90,000 but less than 500,000
9according to the most recent Federal census, and consisting of
103 members in any other district. However, the board of
11trustees for the Fox River Water Reclamation District, the
12Sanitary District of Decatur, and the Northern Moraine
13Wastewater Reclamation District shall each consist of 5
14members. Each board of trustees shall be created for the
15government, control and management of the affairs and business
16of each sanitary district organized under this Act shall be
17created in the following manner:
18        (1) If the district's corporate boundaries are located
19    wholly within a single county, the presiding officer of
20    the county board, with the advice and consent of the
21    county board, shall appoint the trustees for the district;
22        (2) If the district's corporate boundaries are located
23    in more than one county, the members of the General
24    Assembly whose legislative districts encompass any portion

 

 

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1    of the district shall appoint the trustees for the
2    district.
3    In any sanitary district which shall have a 3 member board
4of trustees, within 60 days after the adoption of such act, the
5appropriate appointing authority shall appoint three trustees
6not more than 2 of whom shall be from one incorporated city,
7town or village in districts in which are included 2 or more
8incorporated cities, towns or villages, or parts of 2 or more
9incorporated cities, towns or villages, who shall hold their
10office respectively for 1, 2 and 3 years, from the first Monday
11of May next after their appointment and until their successors
12are appointed and have qualified, and thereafter on or before
13the second Monday in April of each year the appropriate
14appointing authority shall appoint one trustee whose term
15shall be for 3 years commencing the first Monday in May of the
16year in which he is appointed. The length of the term of the
17first trustees shall be determined by lot at their first
18meeting.
19    In the case of any sanitary district created after January
201, 1978 in which a 5 member board of trustees is required, the
21appropriate appointing authority shall appoint 5 trustees, one
22of whom shall hold office for one year, two of whom shall hold
23office for 2 years, and 2 of whom shall hold office for 3 years
24from the first Monday of May next after their respective
25appointments and until their successors are appointed and have
26qualified. Thereafter, on or before the second Monday in April

 

 

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1of each year the appropriate appointing authority shall
2appoint one trustee or 2 trustees, as shall be necessary to
3maintain a 5 member board of trustees, whose terms shall be for
43 years commencing the first Monday in May of the year in which
5they are respectively appointed. The length of the terms of
6the first trustees shall be determined by lot at their first
7meeting.
8    In any sanitary district created prior to January 1, 1978
9in which a 5 member board of trustees is required as of January
101, 1978, the two trustees already serving terms which do not
11expire on May 1, 1978 shall continue to hold office for the
12remainders of their respective terms, and 3 trustees shall be
13appointed by the appropriate appointing authority by April 10,
141978 and shall hold office for terms beginning May 1, 1978. Of
15the three new trustees, one shall hold office for 2 years and 2
16shall hold office for 3 years from May 1, 1978 and until their
17successors are appointed and have qualified. Thereafter, on or
18before the second Monday in April of each year the appropriate
19appointing authority shall appoint one trustee or 2 trustees,
20as shall be necessary to maintain a 5 member board of trustees,
21whose terms shall be for 3 years commencing the first Monday in
22May of the year in which they are respectively appointed. The
23lengths of the terms of the trustees who are to hold office
24beginning May 1, 1978 shall be determined by lot at their first
25meeting after May 1, 1978.
26    No more than 3 members of a 5 member board of trustees may

 

 

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1be of the same political party; except that in any sanitary
2district which otherwise meets the requirements of this
3Section and which lies within 4 counties of the State of
4Illinois or, prior to April 30, 2008, in the Fox River Water
5Reclamation District; the appointments of the 5 members of the
6board of trustees shall be made without regard to political
7party. Beginning with the appointments made on April 30, 2008,
8all appointments to the board of trustees of the Fox River
9Water Reclamation District shall be made so that no more than 3
10of the 5 members are from the same political party.
11    Beginning with the 2021 municipal election, the board of
12trustees of the Fox Metro Water Reclamation District shall be
13elected as provided in this paragraph. The election of
14trustees shall be in accordance with Section 2A-1.1 of the
15Election Code. Any board member serving on the effective date
16of this amendatory Act of the 101st General Assembly whose
17term does not expire in 2021 shall serve until his or her
18successor is elected and qualified. The board of trustees of
19the Fox Metro Water Reclamation District shall: on or before
20January 1, 2020, divide the Fox Metro Water Reclamation
21District into 5 trustee districts and assign the trustee
22districts to reflect the results of the most recent federal
23decennial census; and thereafter, in the year following each
24decennial census, redistrict the trustee districts to reflect
25the results of the most recent census. The board of trustees
26shall consist of 1 elected trustee in each trustee district. A

 

 

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1petition for nomination for election of a trustee of the Fox
2Metro Water Reclamation District shall contain at least 100
3signatures of registered voters residing within the Fox Metro
4Water Reclamation District. The trustees shall be elected for
5staggered terms at the election as provided by the Election
6Code. Two trustees shall be elected at the 2021 election, and 3
7trustees shall be elected at the following consolidated
8election. Elected trustees shall take office on the first
9Tuesday after the first Monday in the month following the
10month of their election and shall hold their offices for 4
11years and until their successors are elected and qualified. If
12a vacancy occurs before the 2021 election on the board of
13trustees of the Fox Metro Water Reclamation District: (i) the
14District Manager shall, no later than 7 days from the date of
15the vacancy, notify the State legislators representing any
16portion of the District, publish notification of the vacancy
17on the District's website, and send notification of the
18vacancy to local newspapers, radio stations, and television
19stations; (ii) each notification published or sent shall
20contain instructions on how to apply to the District Manager
21for the vacant trustee position; (iii) applications for the
22vacancy shall be accepted for at least 30 days after the date
23the notification of the vacancy was published and sent; (iv)
24applications for the vacancy shall include a letter of
25interest and resume; (v) once the application period has
26closed, the District Manager shall forward all applications

 

 

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1received to the State legislators notified of the vacancy in
2item (i); (vi) the President of the board of trustees and the
3District Manager shall hold a public meeting with the State
4legislators notified of the vacancy to review all applications
5and, by unanimous vote of all State legislators representing
6any portion of the District, select a candidate to fill the
7trustee vacancy; and (vii) the board of trustees shall appoint
8the selected candidate at the next board of trustees meeting.
9If a vacancy exists after the 2021 election on the board of
10trustees of the Fox Metro Water Reclamation District, the
11vacancy shall be filled by appointment by the president of the
12board of trustees, with the advice and consent of the members
13of the board of trustees, until the next regular election at
14which trustees of the district are elected, and shall be made a
15matter of record in the office of the county clerk in the
16county where the district is located; for a vacancy filled by
17appointment, the portion of the unexpired term remaining after
18the next regular election at which trustees of the district
19are elected shall be filled by election, as provided for in
20this paragraph.
21    Beginning with the 2025 municipal election, the board of
22trustees of the Northern Moraine Wastewater Reclamation
23District shall be elected as provided in this paragraph. The
24election of trustees shall be in accordance with Section
252A-1.1 of the Election Code. Any board member serving on the
26effective date of this amendatory Act of the 103rd General

 

 

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1Assembly whose term does not expire in 2025 shall serve until
2the trustee's successor is elected and qualified. The board of
3trustees of the Northern Moraine Wastewater Reclamation
4District shall: on or before January 1, 2024, divide the
5Northern Moraine Wastewater Reclamation District into 5
6trustee districts and assign the trustee districts to reflect
7the results of the most recent federal decennial census; and,
8thereafter, in the year following each decennial census,
9redistrict the trustee districts to reflect the results of the
10most recent census. The board of trustees shall consist of 1
11elected trustee in each trustee district. A petition for
12nomination for election of a trustee of the Northern Moraine
13Wastewater Reclamation District shall contain at least 100
14signatures of registered voters residing within the Northern
15Moraine Wastewater Reclamation District. The trustees shall be
16elected for staggered terms at the election as provided by the
17Election Code. Two trustees shall be elected at the 2025
18election, and 3 trustees shall be elected at the 2027
19consolidated election. Elected trustees shall take office on
20the first Tuesday after the first Monday in the month
21following the month of their election and shall hold their
22offices for 4 years and until their successors are elected and
23qualified. If a vacancy occurs before the 2025 election on the
24board of trustees of the Northern Moraine Wastewater
25Reclamation District: (i) the District Manager shall, no later
26than 7 days from the date of the vacancy, notify the State

 

 

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1legislators representing any portion of the District, publish
2notification of the vacancy on the District's website, and
3send notification of the vacancy to local newspapers, radio
4stations, and television stations; (ii) each notification
5published or sent shall contain instructions on how to apply
6to the District Manager for the vacant trustee position; (iii)
7applications for the vacancy shall be accepted for at least 30
8days after the date the notification of the vacancy was
9published and sent; (iv) applications for the vacancy shall
10include a letter of interest and resume; (v) once the
11application period has closed, the District Manager shall
12forward all applications received to the State legislators
13notified of the vacancy in item (i); (vi) the president of the
14board of trustees and the District Manager shall hold a public
15meeting with the State legislators notified of the vacancy to
16review all applications and, by unanimous vote of all State
17legislators representing any portion of the District, select a
18candidate to fill the trustee vacancy; and (vii) the board of
19trustees shall appoint the selected candidate at the next
20board of trustees meeting. If a vacancy exists after the 2025
21election on the board of trustees of the Northern Moraine
22Wastewater Reclamation District, the vacancy shall be filled
23by appointment by the president of the board of trustees, with
24the advice and consent of the members of the board of trustees,
25until the next regular election at which trustees of the
26District are elected and shall be made a matter of record in

 

 

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1the offices of the county clerk in the counties where the
2District is located; for a vacancy filled by appointment, the
3portion of the unexpired term remaining after the next regular
4election at which trustees of the District are elected shall
5be filled by election, as provided for in this paragraph.
6    Within 60 days after the release of Federal census
7statistics showing that a sanitary district having a 3 member
8board of trustees contains one or more municipalities with a
9population over 90,000 but less than 500,000, or, for the
10Northern Moraine Wastewater Reclamation District, within 60
11days after the effective date of this amendatory Act of the
1295th General Assembly, the appropriate appointing authority
13shall appoint 2 additional trustees to the board of trustees,
14one to hold office for 2 years and one to hold office for 3
15years from the first Monday of May next after their
16appointment and until their successors are appointed and have
17qualified. The lengths of the terms of these two additional
18members shall be determined by lot at the first meeting of the
19board of trustees held after the additional members take
20office. The three trustees already holding office in the
21sanitary district shall continue to hold office for the
22remainders of their respective terms. Thereafter, on or before
23the second Monday in April of each year the appropriate
24appointing authority shall appoint one trustee or 2 trustees,
25as shall be necessary to maintain a 5 member board of trustees,
26whose terms shall be for 3 years commencing the first Monday in

 

 

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1May of the year in which they are respectively appointed.
2    If any sanitary district having a 5 member board of
3trustees shall cease to contain one or more municipalities
4with a population over 90,000 but less than 500,000 according
5to the most recent Federal census, then, for so long as that
6sanitary district does not contain one or more such
7municipalities, on or before the second Monday in April of
8each year the appropriate appointing authority shall appoint
9one trustee whose term shall be for 3 years commencing the
10first Monday in May of the year in which he is appointed. In
11districts which include 2 or more incorporated cities, towns,
12or villages, or parts of 2 or more incorporated cities, towns,
13or villages, all of the trustees shall not be from one
14incorporated city, town or village.
15    If a vacancy occurs on any board of trustees, the
16appropriate appointing authority shall within 60 days appoint
17a trustee who shall hold office for the remainder of the
18vacated term.
19    The appointing authority shall require each of the
20trustees to enter into bond, with security to be approved by
21the appointing authority, in such sum as the appointing
22authority may determine.
23    A majority of the board of trustees shall constitute a
24quorum but a smaller number may adjourn from day to day. No
25trustee or employee of such district shall be directly or
26indirectly interested in any contract, work or business of the

 

 

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1district, or the sale of any article, the expense, price or
2consideration of which is paid by such district; nor in the
3purchase of any real estate or property belonging to the
4district, or which shall be sold for taxes or assessments, or
5by virtue of legal process at the suit of the district.
6Provided, that nothing herein shall be construed as
7prohibiting the appointment or selection of any person as
8trustee or employee whose only interest in the district is as
9owner of real estate in the district or of contributing to the
10payment of taxes levied by the district. The trustees shall
11have the power to provide and adopt a corporate seal for the
12district.
13    Notwithstanding any other provision in this Section, in
14any sanitary district created prior to the effective date of
15this amendatory Act of 1985, in which a five member board of
16trustees has been appointed and which currently includes one
17or more municipalities with a population of over 90,000 but
18less than 500,000, the board of trustees shall consist of five
19members.
20    Except as otherwise provided for vacancies, in the event
21that the appropriate appointing authority fails to appoint a
22trustee under this Section, the appropriate appointing
23authority shall reconvene and appoint a successor on or before
24July 1 of that year.
25(Source: P.A. 101-523, eff. 8-23-19.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".