Full Text of SB1099 103rd General Assembly
SB1099sam001 103RD GENERAL ASSEMBLY | Sen. Dan McConchie Filed: 10/25/2023 | | 10300SB1099sam001 | | LRB103 05534 AWJ 64143 a |
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| 1 | | AMENDMENT TO SENATE BILL 1099
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1099 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 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 | 8 | | Election. A trustee of a Sanitary District which elects its | 9 | | trustees, other than the Metropolitan Sanitary District of | 10 | | Greater Chicago , the Northern Moraine Wastewater Reclamation | 11 | | District, or the Fox Metro Water Reclamation District, shall | 12 | | be elected at the general election in each even-numbered year | 13 | | which immediately precedes the expiration of the term of any | 14 | | incumbent trustee, to succeed each incumbent trustee whose | 15 | | term 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 | 3 | | mail 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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| 1 | | 102-687, eff. 12-17-21.) | 2 | | Section 10. The Sanitary District Act of 1917 is amended | 3 | | by 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 | 6 | | trustees shall be created, consisting of 5 members in any | 7 | | sanitary district which includes one or more municipalities | 8 | | with a population of over 90,000 but less than 500,000 | 9 | | according to the most recent Federal census, and consisting of | 10 | | 3 members in any other district. However, the board of | 11 | | trustees for the Fox River Water Reclamation District, the | 12 | | Sanitary District of Decatur, and the Northern Moraine | 13 | | Wastewater Reclamation District shall each consist of 5 | 14 | | members. Each board of trustees shall be created for the | 15 | | government, control and management of the affairs and business | 16 | | of each sanitary district organized under this Act shall be | 17 | | created 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 | 4 | | of trustees, within 60 days after the adoption of such act, the | 5 | | appropriate appointing authority shall appoint three trustees | 6 | | not more than 2 of whom shall be from one incorporated city, | 7 | | town or village in districts in which are included 2 or more | 8 | | incorporated cities, towns or villages, or parts of 2 or more | 9 | | incorporated cities, towns or villages, who shall hold their | 10 | | office respectively for 1, 2 and 3 years, from the first Monday | 11 | | of May next after their appointment and until their successors | 12 | | are appointed and have qualified, and thereafter on or before | 13 | | the second Monday in April of each year the appropriate | 14 | | appointing authority shall appoint one trustee whose term | 15 | | shall be for 3 years commencing the first Monday in May of the | 16 | | year in which he is appointed. The length of the term of the | 17 | | first trustees shall be determined by lot at their first | 18 | | meeting. | 19 | | In the case of any sanitary district created after January | 20 | | 1, 1978 in which a 5 member board of trustees is required, the | 21 | | appropriate appointing authority shall appoint 5 trustees, one | 22 | | of whom shall hold office for one year, two of whom shall hold | 23 | | office for 2 years, and 2 of whom shall hold office for 3 years | 24 | | from the first Monday of May next after their respective | 25 | | appointments and until their successors are appointed and have | 26 | | qualified. Thereafter, on or before the second Monday in April |
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| 1 | | of each year the appropriate appointing authority shall | 2 | | appoint one trustee or 2 trustees, as shall be necessary to | 3 | | maintain a 5 member board of trustees, whose terms shall be for | 4 | | 3 years commencing the first Monday in May of the year in which | 5 | | they are respectively appointed. The length of the terms of | 6 | | the first trustees shall be determined by lot at their first | 7 | | meeting. | 8 | | In any sanitary district created prior to January 1, 1978 | 9 | | in which a 5 member board of trustees is required as of January | 10 | | 1, 1978, the two trustees already serving terms which do not | 11 | | expire on May 1, 1978 shall continue to hold office for the | 12 | | remainders of their respective terms, and 3 trustees shall be | 13 | | appointed by the appropriate appointing authority by April 10, | 14 | | 1978 and shall hold office for terms beginning May 1, 1978. Of | 15 | | the three new trustees, one shall hold office for 2 years and 2 | 16 | | shall hold office for 3 years from May 1, 1978 and until their | 17 | | successors are appointed and have qualified. Thereafter, on or | 18 | | before the second Monday in April of each year the appropriate | 19 | | appointing authority shall appoint one trustee or 2 trustees, | 20 | | as shall be necessary to maintain a 5 member board of trustees, | 21 | | whose terms shall be for 3 years commencing the first Monday in | 22 | | May of the year in which they are respectively appointed. The | 23 | | lengths of the terms of the trustees who are to hold office | 24 | | beginning May 1, 1978 shall be determined by lot at their first | 25 | | meeting after May 1, 1978. | 26 | | No more than 3 members of a 5 member board of trustees may |
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| 1 | | be of the same political party; except that in any sanitary | 2 | | district which otherwise meets the requirements of this | 3 | | Section and which lies within 4 counties of the State of | 4 | | Illinois or, prior to April 30, 2008, in the Fox River Water | 5 | | Reclamation District; the appointments of the 5 members of the | 6 | | board of trustees shall be made without regard to political | 7 | | party. Beginning with the appointments made on April 30, 2008, | 8 | | all appointments to the board of trustees of the Fox River | 9 | | Water Reclamation District shall be made so that no more than 3 | 10 | | of the 5 members are from the same political party. | 11 | | Beginning with the 2021 municipal election, the board of | 12 | | trustees of the Fox Metro Water Reclamation District shall be | 13 | | elected as provided in this paragraph. The election of | 14 | | trustees shall be in accordance with Section 2A-1.1 of the | 15 | | Election Code. Any board member serving on the effective date | 16 | | of this amendatory Act of the 101st General Assembly whose | 17 | | term does not expire in 2021 shall serve until his or her | 18 | | successor is elected and qualified. The board of trustees of | 19 | | the Fox Metro Water Reclamation District shall: on or before | 20 | | January 1, 2020, divide the Fox Metro Water Reclamation | 21 | | District into 5 trustee districts and assign the trustee | 22 | | districts to reflect the results of the most recent federal | 23 | | decennial census; and thereafter, in the year following each | 24 | | decennial census, redistrict the trustee districts to reflect | 25 | | the results of the most recent census. The board of trustees | 26 | | shall consist of 1 elected trustee in each trustee district. A |
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| 1 | | petition for nomination for election of a trustee of the Fox | 2 | | Metro Water Reclamation District shall contain at least 100 | 3 | | signatures of registered voters residing within the Fox Metro | 4 | | Water Reclamation District. The trustees shall be elected for | 5 | | staggered terms at the election as provided by the Election | 6 | | Code. Two trustees shall be elected at the 2021 election, and 3 | 7 | | trustees shall be elected at the following consolidated | 8 | | election. Elected trustees shall take office on the first | 9 | | Tuesday after the first Monday in the month following the | 10 | | month of their election and shall hold their offices for 4 | 11 | | years and until their successors are elected and qualified. If | 12 | | a vacancy occurs before the 2021 election on the board of | 13 | | trustees of the Fox Metro Water Reclamation District: (i) the | 14 | | District Manager shall, no later than 7 days from the date of | 15 | | the vacancy, notify the State legislators representing any | 16 | | portion of the District, publish notification of the vacancy | 17 | | on the District's website, and send notification of the | 18 | | vacancy to local newspapers, radio stations, and television | 19 | | stations; (ii) each notification published or sent shall | 20 | | contain instructions on how to apply to the District Manager | 21 | | for the vacant trustee position; (iii) applications for the | 22 | | vacancy shall be accepted for at least 30 days after the date | 23 | | the notification of the vacancy was published and sent; (iv) | 24 | | applications for the vacancy shall include a letter of | 25 | | interest and resume; (v) once the application period has | 26 | | closed, the District Manager shall forward all applications |
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| 1 | | received to the State legislators notified of the vacancy in | 2 | | item (i); (vi) the President of the board of trustees and the | 3 | | District Manager shall hold a public meeting with the State | 4 | | legislators notified of the vacancy to review all applications | 5 | | and, by unanimous vote of all State legislators representing | 6 | | any portion of the District, select a candidate to fill the | 7 | | trustee vacancy; and (vii) the board of trustees shall appoint | 8 | | the selected candidate at the next board of trustees meeting. | 9 | | If a vacancy exists after the 2021 election on the board of | 10 | | trustees of the Fox Metro Water Reclamation District, the | 11 | | vacancy shall be filled by appointment by the president of the | 12 | | board of trustees, with the advice and consent of the members | 13 | | of the board of trustees, until the next regular election at | 14 | | which trustees of the district are elected, and shall be made a | 15 | | matter of record in the office of the county clerk in the | 16 | | county where the district is located; for a vacancy filled by | 17 | | appointment, the portion of the unexpired term remaining after | 18 | | the next regular election at which trustees of the district | 19 | | are elected shall be filled by election, as provided for in | 20 | | this paragraph. | 21 | | Beginning with the 2025 municipal election, the board of | 22 | | trustees of the Northern Moraine Wastewater Reclamation | 23 | | District shall be elected as provided in this paragraph. The | 24 | | election of trustees shall be in accordance with Section | 25 | | 2A-1.1 of the Election Code. Any board member serving on the | 26 | | effective date of this amendatory Act of the 103rd General |
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| 1 | | Assembly whose term does not expire in 2025 shall serve until | 2 | | the trustee's successor is elected and qualified. The board of | 3 | | trustees of the Northern Moraine Wastewater Reclamation | 4 | | District shall: on or before January 1, 2024, divide the | 5 | | Northern Moraine Wastewater Reclamation District into 5 | 6 | | trustee districts and assign the trustee districts to reflect | 7 | | the results of the most recent federal decennial census; and, | 8 | | thereafter, in the year following each decennial census, | 9 | | redistrict the trustee districts to reflect the results of the | 10 | | most recent census. The board of trustees shall consist of 1 | 11 | | elected trustee in each trustee district. A petition for | 12 | | nomination for election of a trustee of the Northern Moraine | 13 | | Wastewater Reclamation District shall contain at least 100 | 14 | | signatures of registered voters residing within the Northern | 15 | | Moraine Wastewater Reclamation District. The trustees shall be | 16 | | elected for staggered terms at the election as provided by the | 17 | | Election Code. Two trustees shall be elected at the 2025 | 18 | | election, and 3 trustees shall be elected at the 2027 | 19 | | consolidated election. Elected trustees shall take office on | 20 | | the first Tuesday after the first Monday in the month | 21 | | following the month of their election and shall hold their | 22 | | offices for 4 years and until their successors are elected and | 23 | | qualified. If a vacancy occurs before the 2025 election on the | 24 | | board of trustees of the Northern Moraine Wastewater | 25 | | Reclamation District: (i) the District Manager shall, no later | 26 | | than 7 days from the date of the vacancy, notify the State |
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| 1 | | legislators representing any portion of the District, publish | 2 | | notification of the vacancy on the District's website, and | 3 | | send notification of the vacancy to local newspapers, radio | 4 | | stations, and television stations; (ii) each notification | 5 | | published or sent shall contain instructions on how to apply | 6 | | to the District Manager for the vacant trustee position; (iii) | 7 | | applications for the vacancy shall be accepted for at least 30 | 8 | | days after the date the notification of the vacancy was | 9 | | published and sent; (iv) applications for the vacancy shall | 10 | | include a letter of interest and resume; (v) once the | 11 | | application period has closed, the District Manager shall | 12 | | forward all applications received to the State legislators | 13 | | notified of the vacancy in item (i); (vi) the president of the | 14 | | board of trustees and the District Manager shall hold a public | 15 | | meeting with the State legislators notified of the vacancy to | 16 | | review all applications and, by unanimous vote of all State | 17 | | legislators representing any portion of the District, select a | 18 | | candidate to fill the trustee vacancy; and (vii) the board of | 19 | | trustees shall appoint the selected candidate at the next | 20 | | board of trustees meeting. If a vacancy exists after the 2025 | 21 | | election on the board of trustees of the Northern Moraine | 22 | | Wastewater Reclamation District, the vacancy shall be filled | 23 | | by appointment by the president of the board of trustees, with | 24 | | the advice and consent of the members of the board of trustees, | 25 | | until the next regular election at which trustees of the | 26 | | District are elected and shall be made a matter of record in |
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| 1 | | the offices of the county clerk in the counties where the | 2 | | District is located; for a vacancy filled by appointment, the | 3 | | portion of the unexpired term remaining after the next regular | 4 | | election at which trustees of the District are elected shall | 5 | | be filled by election, as provided for in this paragraph. | 6 | | Within 60 days after the release of Federal census | 7 | | statistics showing that a sanitary district having a 3 member | 8 | | board of trustees contains one or more municipalities with a | 9 | | population over 90,000 but less than 500,000, or, for the | 10 | | Northern Moraine Wastewater Reclamation District, within 60 | 11 | | days after the effective date of this amendatory Act of the | 12 | | 95th General Assembly, the appropriate appointing authority | 13 | | shall appoint 2 additional trustees to the board of trustees, | 14 | | one to hold office for 2 years and one to hold office for 3 | 15 | | years from the first Monday of May next after their | 16 | | appointment and until their successors are appointed and have | 17 | | qualified. The lengths of the terms of these two additional | 18 | | members shall be determined by lot at the first meeting of the | 19 | | board of trustees held after the additional members take | 20 | | office. The three trustees already holding office in the | 21 | | sanitary district shall continue to hold office for the | 22 | | remainders of their respective terms. Thereafter, on or before | 23 | | the second Monday in April of each year the appropriate | 24 | | appointing authority shall appoint one trustee or 2 trustees, | 25 | | as shall be necessary to maintain a 5 member board of trustees, | 26 | | whose terms shall be for 3 years commencing the first Monday in |
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| 1 | | May of the year in which they are respectively appointed. | 2 | | If any sanitary district having a 5 member board of | 3 | | trustees shall cease to contain one or more municipalities | 4 | | with a population over 90,000 but less than 500,000 according | 5 | | to the most recent Federal census, then, for so long as that | 6 | | sanitary district does not contain one or more such | 7 | | municipalities, on or before the second Monday in April of | 8 | | each year the appropriate appointing authority shall appoint | 9 | | one trustee whose term shall be for 3 years commencing the | 10 | | first Monday in May of the year in which he is appointed. In | 11 | | districts which include 2 or more incorporated cities, towns, | 12 | | or villages, or parts of 2 or more incorporated cities, towns, | 13 | | or villages, all of the trustees shall not be from one | 14 | | incorporated city, town or village. | 15 | | If a vacancy occurs on any board of trustees, the | 16 | | appropriate appointing authority shall within 60 days appoint | 17 | | a trustee who shall hold office for the remainder of the | 18 | | vacated term. | 19 | | The appointing authority shall require each of the | 20 | | trustees to enter into bond, with security to be approved by | 21 | | the appointing authority, in such sum as the appointing | 22 | | authority may determine. | 23 | | A majority of the board of trustees shall constitute a | 24 | | quorum but a smaller number may adjourn from day to day. No | 25 | | trustee or employee of such district shall be directly or | 26 | | indirectly interested in any contract, work or business of the |
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| 1 | | district, or the sale of any article, the expense, price or | 2 | | consideration of which is paid by such district; nor in the | 3 | | purchase of any real estate or property belonging to the | 4 | | district, or which shall be sold for taxes or assessments, or | 5 | | by virtue of legal process at the suit of the district. | 6 | | Provided, that nothing herein shall be construed as | 7 | | prohibiting the appointment or selection of any person as | 8 | | trustee or employee whose only interest in the district is as | 9 | | owner of real estate in the district or of contributing to the | 10 | | payment of taxes levied by the district. The trustees shall | 11 | | have the power to provide and adopt a corporate seal for the | 12 | | district. | 13 | | Notwithstanding any other provision in this Section, in | 14 | | any sanitary district created prior to the effective date of | 15 | | this amendatory Act of 1985, in which a five member board of | 16 | | trustees has been appointed and which currently includes one | 17 | | or more municipalities with a population of over 90,000 but | 18 | | less than 500,000, the board of trustees shall consist of five | 19 | | members. | 20 | | Except as otherwise provided for vacancies, in the event | 21 | | that the appropriate appointing authority fails to appoint a | 22 | | trustee under this Section, the appropriate appointing | 23 | | authority shall reconvene and appoint a successor on or before | 24 | | July 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 | 2 | | becoming law.". |
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