State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

90_HB2944

      65 ILCS 5/11-135-2        from Ch. 24, par. 11-135-2
          Amends the Illinois Municipal Code.  Provides that  water
      commissioners  shall  be  reimbursed for their reasonable and
      necessary  expenses  in  performing  their  official  duties.
      Effective immediately.
                                                     LRB9009520MWpc
                                               LRB9009520MWpc
 1        AN ACT to amend the Illinois Municipal Code.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Illinois  Municipal Code is amended by
 5    changing Section 11-135-2 as follows:
 6        (65 ILCS 5/11-135-2) (from Ch. 24, par. 11-135-2)
 7        Sec. 11-135-2.  Upon the adoption of such an ordinance or
 8    resolution  by  the  corporate  authorities   of   any   such
 9    municipality,  the  mayor  or president, with the approval of
10    the corporate authorities, shall appoint a commissioner.  The
11    commissioners  so  appointed  by  each of such municipalities
12    together with a like commissioner appointed by the  presiding
13    officer  of  the  county board with the advice and consent of
14    the county board of the county in which the major part of the
15    works of the water commission are, or  are  to  be,  located,
16    shall constitute a commission and public corporation with the
17    powers  and  duties  specified  in  this  Division  135.  The
18    corporate  name  of  the commission shall be "(here insert an
19    appropriate name indicative of the  area)  Water  Commission"
20    and  as  such  the  Commission may contract and be contracted
21    with, and sue and be sued.
22        The commissioners so appointed shall serve for a term  of
23    6  years,  or  until their successors have been appointed and
24    have  qualified  in  the  same   manner   as   the   original
25    appointments,  except  that the commissioners first appointed
26    shall determine by lot at their first meeting the  respective
27    commissioners  whose terms shall be for 2, 4 and 6 years from
28    the date of that meeting. Each commissioner  appointed  by  a
29    mayor   or  president  shall  be  an  elector  or  the  chief
30    administrator of  the  municipality  for  which  he  acts  as
31    commissioner, and the commissioner appointed by the presiding
                            -2-                LRB9009520MWpc
 1    officer of the county board shall be an elector of the county
 2    in  which the major works of the water commission are, or are
 3    to be, located.  Any  commissioner  so  appointed  may  be  a
 4    member  of  the governing board or officer or employee of the
 5    municipality or county from which the appointment is made.  A
 6    commissioner  is  eligible   for   reappointment   upon   the
 7    expiration  of  his  term.  A vacancy shall be filled for the
 8    balance of the unexpired term of the person who has ceased to
 9    hold office by the mayor, president or county board presiding
10    officer who initially  made  such  appointment  in  the  same
11    manner  as  the original appointment. Each commissioner shall
12    receive  the  same  compensation,  as   determined   by   the
13    appointing authority, which shall not be more than $2,000 per
14    year,  except  that  no  commissioner  who is a member of the
15    governing board or officer or employee of the municipality or
16    county from which the appointment is  made  may  receive  any
17    compensation  for serving as commissioner.  Each commissioner
18    shall be reimbursed for his or her reasonable  and  necessary
19    expenses  in  performing  his  or  her official duties.  Each
20    commissioner  shall  furnish  a   bond   for   the   faithful
21    performance  of  his  official duties. This bond shall not be
22    less  than  $5,000  and  its  costs  shall  be  paid  by  the
23    commission.
24        Each commissioner may be removed for any cause for  which
25    any  other municipal officer may be removed. No commissioner,
26    or employee of the commission, and no mayor, or president, or
27    other member of the corporate authorities, or any employee of
28    any of the municipalities, shall be  interested  directly  or
29    indirectly  in  any  contract or job of work or materials, or
30    the profits thereof, or services to be performed  for  or  by
31    the commission.
32        A  violation  of  any of the foregoing provisions of this
33    section is a Class C misdemeanor. A conviction is  cause  for
34    the removal of a person from his office or employment.
                            -3-                LRB9009520MWpc
 1    (Source: P.A. 90-517, eff. 8-22-97.)
 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

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