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90_SB0174enr
70 ILCS 410/5 from Ch. 96 1/2, par. 7105
Amends the Conservation District Act to authorize a
5-member board of trustees to expand to 7 members upon the
majority vote of the board. Provides for the reapportionment
and appointment of the additional trustees upon expansion.
Effective immediately.
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1 AN ACT to amend the Conservation District Act by changing
2 Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Conservation District Act is amended by
6 changing Section 5 as follows:
7 (70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
8 Sec. 5. Board of trustees.
9 (a) The affairs of a conservation district shall be
10 managed by a board which shall consist of 5 trustees, except
11 as otherwise provided in this Section subsection (b). If the
12 boundaries of the district are coextensive with the
13 boundaries of one county, the trustees shall be residents of
14 that county. If the district embraces 2 counties, 3 trustees
15 shall be residents of the county with the larger population
16 and 2 trustees shall be residents of the other county. If the
17 district embraces 3 counties, one trustee shall be a resident
18 of the county with the smallest population and each of the
19 other counties shall have 2 resident trustees. If the
20 district embraces 4 counties, 2 trustees shall be residents
21 of the county with the largest population and each of the
22 other counties shall have one resident trustee. If the
23 district embraces 5 counties, each county shall have one
24 resident trustee.
25 (b) A district that is entirely within a county of under
26 200,000 inhabitants and contiguous to a county of more than
27 2,000,000 inhabitants and that is authorized by referendum as
28 provided in subsection (d) of Section 15 to incur
29 indebtedness over 0.575% but not to exceed 1.725% shall have
30 a board consisting of 7 trustees, all of whom shall be
31 residents of the county. The additional 2 trustees shall be
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1 appointed by the chairman of the county board, with the
2 consent of the county board, and shall hold office for terms
3 expiring on June 30 as follows: one trustee after 4 years
4 and one trustee after 5 years from the date of the
5 referendum. Successor trustees shall be appointed in the
6 same manner no later than June 1 before the commencement of
7 the term of the trustee.
8 (c) Trustees shall be qualified voters of such district
9 who do not hold any other public office and are not officers
10 of any political party. Trustees, if nominated by the county
11 board chairman as hereinafter provided, shall be selected on
12 the basis of their demonstrated interest in the purpose of
13 conservation districts.
14 (d) The chairman of the county board for the county of
15 which the trustee is a resident shall, with the consent of
16 the county board of that county, appoint the first trustees
17 who shall hold office for terms expiring on June 30 after
18 one, 2, 3, 4, and 5 year periods respectively as determined
19 and fixed by lot. Thereafter, successor trustees shall be
20 appointed in the same manner no later than June 1 prior to
21 the commencement of term of the trustee.
22 (e) Each successor trustee shall serve for a term of 5
23 years. A vacancy occurring otherwise than by expiration of
24 term shall be filled for the unexpired term by appointment of
25 a trustee by the county board chairman of the county of which
26 the trustee shall be a resident, with the approval of the
27 county board of that county. A trustee who has served a full
28 term of 5 years is ineligible to serve as a trustee for a
29 period of one year following the expiration of his term. When
30 any trustee during his term of office shall cease to be a
31 bona fide resident of the district he is disqualified as a
32 trustee and his office becomes vacant.
33 (f) Trustees shall serve without compensation, but may
34 be paid their actual and necessary expenses incurred in the
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1 performance of their official duties.
2 (g) A trustee may be removed for cause by the county
3 board chairman for the county of which the trustee is a
4 resident, with the approval of the county board of that
5 county, but every such removal shall be by a written order,
6 which shall be filed with the county clerk.
7 (h) A conservation district with 5 trustees may
8 determine by majority vote of the board to increase the size
9 of the board to 7 trustees. With respect to a 7-member
10 board, no more than 3 members may be residents of any
11 township in a county under township organization or of any
12 congressional township in a county not under township
13 organization. In the case of a 7-member board representing a
14 district that embraces 2 counties, 4 trustees shall be
15 residents of the county with the larger population and 3
16 trustees shall be residents of the other county. If the
17 district embraces 3 counties, 2 trustees shall be residents
18 of each of the 2 counties with the smallest population and
19 the largest county shall have 3 resident trustees. If the
20 district embraces 4 counties, one trustee shall be a resident
21 of the county with the smallest population and each of the
22 other counties shall have 2 resident trustees. If the
23 district embraces 5 counties, the 2 counties with the largest
24 population shall each have 2 resident trustees and each of
25 the other counties shall have one resident trustee. The
26 pertinent appointing authorities shall appoint the additional
27 2 trustees to initial terms as equally staggered as possible
28 from the terms of the trustees already appointed from that
29 township or county so that 2 trustees representing the same
30 area shall not be succeeded in the same year.
31 (Source: P.A. 86-785.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.