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91_HB0845sam003
SRS91HB0845PMcbam04
1 AMENDMENT TO HOUSE BILL 845
2 AMENDMENT NO. . Amend House Bill 845, AS AMENDED, on
3 page 1, by replacing lines 1 and 2 with the following:
4 "AN ACT in relation to sanitary districts, amending named
5 Acts."; and
6 on page 6, by inserting immediately after line 8 the
7 following:
8 Section 10. The Sanitary District Act of 1917 is amended
9 by changing Section 3 as follows:
10 (70 ILCS 2405/3) (from Ch. 42, par. 301)
11 Sec. 3. A board of trustees shall be created, consisting
12 of 5 members in any sanitary district which includes one or
13 more municipalities with a population of over 90,000 but less
14 than 500,000 according to the most recent Federal census, and
15 consisting of 3 members in any other district. However, for
16 the Fox River Water Reclamation District the board of
17 trustees shall consist of 5 members. Each board of trustees
18 shall be created for the government, control and management
19 of the affairs and business of each sanitary district
20 organized under this act shall be created in the following
21 manner:
22 (1) If the district is located wholly within a single
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1 county, the presiding officer of the county board, with the
2 advice and consent of the county board, shall appoint the
3 trustees for the district;
4 (2) If the district is located in more than one county,
5 the members of the General Assembly whose legislative
6 districts encompass any portion of the district shall appoint
7 the trustees for the district.
8 In any sanitary district which shall have a 3 member
9 board of trustees, within 60 days after the adoption of such
10 act, the appropriate appointing authority shall appoint three
11 trustees not more than 2 of whom shall be from one
12 incorporated city, town or village in districts in which are
13 included 2 or more incorporated cities, towns or villages, or
14 parts of 2 or more incorporated cities, towns or villages,
15 who shall hold their office respectively for 1, 2 and 3
16 years, from the first Monday of May next after their
17 appointment and until their successors are appointed and have
18 qualified, and thereafter on or before the second Monday in
19 April of each year the appropriate appointing authority shall
20 appoint one trustee whose term shall be for 3 years
21 commencing the first Monday in May of the year in which he is
22 appointed. The length of the term of the first trustees
23 shall be determined by lot at their first meeting.
24 In the case of any sanitary district created after
25 January 1, 1978 in which a 5 member board of trustees is
26 required, the appropriate appointing authority shall appoint
27 5 trustees, one of whom shall hold office for one year, two
28 of whom shall hold office for 2 years, and 2 of whom shall
29 hold office for 3 years from the first Monday of May next
30 after their respective appointments and until their
31 successors are appointed and have qualified. Thereafter, on
32 or before the second Monday in April of each year the
33 appropriate appointing authority shall appoint one trustee or
34 2 trustees, as shall be necessary to maintain a 5 member
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1 board of trustees, whose terms shall be for 3 years
2 commencing the first Monday in May of the year in which they
3 are respectively appointed. The length of the terms of the
4 first trustees shall be determined by lot at their first
5 meeting.
6 In any sanitary district created prior to January 1, 1978
7 in which a 5 member board of trustees is required as of
8 January 1, 1978, the two trustees already serving terms which
9 do not expire on May 1, 1978 shall continue to hold office
10 for the remainders of their respective terms, and 3 trustees
11 shall be appointed by the appropriate appointing authority by
12 April 10, 1978 and shall hold office for terms beginning May
13 1, 1978. Of the three new trustees, one shall hold office
14 for 2 years and 2 shall hold office for 3 years from May 1,
15 1978 and until their successors are appointed and have
16 qualified. Thereafter, on or before the second Monday in
17 April of each year the appropriate appointing authority shall
18 appoint one trustee or 2 trustees, as shall be necessary to
19 maintain a 5 member board of trustees, whose terms shall be
20 for 3 years commencing the first Monday in May of the year in
21 which they are respectively appointed. The lengths of the
22 terms of the trustees who are to hold office beginning May 1,
23 1978 shall be determined by lot at their first meeting after
24 May 1, 1978.
25 No more than 3 members of a 5 member board of trustees
26 may be of the same political party; except that in any
27 sanitary district which otherwise meets the requirements of
28 this Section and which lies within 4 counties of the State of
29 Illinois, or in the Fox River Water Reclamation District; the
30 appointments of the 5 members of the board of trustees shall
31 be made without regard to political party.
32 Within 60 days after the release of Federal census
33 statistics showing that a sanitary district having a 3 member
34 board of trustees contains one or more municipalities with a
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1 population over 90,000 but less than 500,000, the appropriate
2 appointing authority shall appoint 2 additional trustees to
3 the board of trustees, one to hold office for 2 years and one
4 to hold office for 3 years from the first Monday of May next
5 after their appointment and until their successors are
6 appointed and have qualified. The lengths of the terms of
7 these two additional members shall be determined by lot at
8 the first meeting of the board of trustees held after the
9 additional members take office. The three trustees already
10 holding office in the sanitary district shall continue to
11 hold office for the remainders of their respective terms.
12 Thereafter, on or before the second Monday in April of each
13 year the appropriate appointing authority shall appoint one
14 trustee or 2 trustees, as shall be necessary to maintain a 5
15 member board of trustees, whose terms shall be for 3 years
16 commencing the first Monday in May of the year in which they
17 are respectively appointed.
18 If any sanitary district having a 5 member board of
19 trustees shall cease to contain one or more municipalities
20 with a population over 90,000 but less than 500,000 according
21 to the most recent Federal census, then, for so long as that
22 sanitary district does not contain one or more such
23 municipalities, on or before the second Monday in April of
24 each year the appropriate appointing authority shall appoint
25 one trustee whose term shall be for 3 years commencing the
26 first Monday in May of the year in which he is appointed. In
27 districts which include 2 or more incorporated cities, towns,
28 or villages, or parts of 2 or more incorporated cities,
29 towns, or villages, all of the trustees shall not be from one
30 incorporated city, town or village.
31 If a vacancy occurs on any board of trustees, the
32 appropriate appointing authority shall within 60 days appoint
33 a trustee who shall hold office for the remainder of the
34 vacated term.
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1 The appointing authority shall require each of the
2 trustees to enter into bond, with security to be approved by
3 the appointing authority, in such sum as the appointing
4 authority may determine.
5 A majority of the board of trustees shall constitute a
6 quorum but a smaller number may adjourn from day to day. No
7 trustee or employee of such district shall be directly or
8 indirectly interested in any contract, work or business of
9 the district, or the sale of any article, the expense, price
10 or consideration of which is paid by such district; nor in
11 the purchase of any real estate or property belonging to the
12 district, or which shall be sold for taxes or assessments, or
13 by virtue of legal process at the suit of the district.
14 Provided, that nothing herein shall be construed as
15 prohibiting the appointment or selection of any person as
16 trustee or employee whose only interest in the district is as
17 owner of real estate in the district or of contributing to
18 the payment of taxes levied by the district. The trustees
19 shall have the power to provide and adopt a corporate seal
20 for the district.
21 Notwithstanding any other provision in this Section, in
22 any sanitary district created prior to the effective date of
23 this amendatory Act of 1985, in which a five member board of
24 trustees has been appointed and which currently includes one
25 or more municipalities with a population of over 90,000 but
26 less than 500,000, the board of trustees shall consist of
27 five members.
28 (Source: P.A. 89-502, eff. 6-28-96.)