SB3109 99TH GENERAL ASSEMBLY

LRB099 20690 MLM 45315 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3109

Introduced 2/19/2016, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

70 ILCS 605/3-9	from Ch. 42, par. 3-9
70 ILCS 605/4-5	from Ch. 42, par. 4-5
70 ILCS 605/4-5.5 new
70 ILCS 605/4-6	from Ch. 42, par. 4-6
70 ILCS 605/4-7	from Ch. 42, par. 4-7
70 ILCS 605/4-8	from Ch. 42, par. 4-8

Amends the Illinois Drainage Code. Provides that certain provisions concerning elections of commissioners only apply before the effective date of the amendatory Act and repeals the provisions after 5 years. Provides that on and after the effective date of the amendatory Act, commissioners for all districts which are operating under the Act shall be nominated and elected for terms of 4 years at the next consolidated election as Elected Officers of special districts under the Election Code by the voters of the district unless the electors have elected to change from the election to the appointment of commissioners. Requires that commissioners elected under the provisions shall, within 20 days after their election, qualify by subscribing to an oath of office and giving bond. Provides that commissioners elected prior to the effective date of the amendatory Act shall serve the remainder of their terms and that districts may have up to 6 commissioners serve until the terms of the commissioners elected prior to the effective date of the amendatory Act expire. Provides that previously elected commissioners may resign their current position, effective after the next consolidated election, and choose to be nominated and elected under the provisions of the Election Code. Makes conforming changes. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Drainage Code is amended by changing Sections 3-9, 4-5, 4-6, 4-7, and 4-8 and adding Section 4-5.5 as follows:

(70 ILCS 605/3-9) (from Ch. 42, par. 3-9)

Sec. 3-9. Appointment of temporary commissioners - Continuance. If the Court finds for the petitioners, it shall notify the appropriate appointing authority which shall be the county board or in home rule counties as defined by Article VII, Section 6 of the Constitution of 1970 the county chief executive officer of the county in which the petition is filed to appoint by majority vote as temporary commissioners 3 competent residents of Illinois own land in the proposed district, provided, however, that for good cause shown the appropriate appointing authority may waive the requirement that the temporary commissioners own land in the proposed district. When the proposed district is situated in 2 or more counties, no more than 2 such commissioners shall be residents of any one county, provided however, that for good cause shown the appropriate appointing authority may waive this residence requirement. In home rule counties appointments made by the chief executive officer shall be subject to the advice and consent of the county board. A commissioner thus appointed shall hold office until his duties are fulfilled or his successor is appointed and has qualified. Upon the appointment of temporary commissioners, the cause shall be continued to a day certain for the filing of their report.

(Source: P.A. 86-297.)

(70 ILCS 605/4-5) (from Ch. 42, par. 4-5)

Sec. 4-5. Election of Commissioners in Districts organized under Farm Drainage Act and certain other Districts. Before the effective date of this amendatory Act of the 99th General Assembly, commissioners Commissioners for all districts which, at the time this Act becomes effective, are operating and existing under the provisions of the Farm Drainage Act, shall be elected by the adult owners of land in the district in the manner provided by this Section unless the landowners have elected to change from the election to the appointment of commissioners in the manner provided in Section 4-6.

An election shall be held in all combined, union, special, user, mutual or other districts which were operating and existing under the Farm Drainage Act at the time this Act became effective and in districts which have changed from the appointment to the election of commissioners as provided in Section 4-8, on the first Tuesday in September 1956 and annually thereafter for the purpose of electing a successor to the commissioner whose term will next expire. Commissioners so elected shall serve for a term of 3 years from the date of their election and until their successors have been elected and have qualified.

In any case where the commissioners have failed to give notice and to hold an election as provided in this Section, the circuit court of the county in which the district is organized may, on the petition of any owner of land in the district, designate the time and place for a special election. Any commissioner elected at such special election shall serve for the remainder of the term expiring 3 years from the date on which the election should have been held and until his successor is elected and has qualified.

The commissioners in office shall designate the place within the district at which the election will be held and they shall file such designation in writing with the clerk of the circuit court at least four weeks prior to the date of the election. The clerk shall give at least two weeks notice of the time and place of the election by publication for 2 successive weeks in the manner provided by Section 4-22. Notice by mailing shall not be required.

Voting shall be by secret ballot. The clerk shall cause the ballots to be prepared. The ballots shall show on their face the name of the district, the date of the election, the term for which a commissioner is to be elected, the names of the declared candidates and a blank line for write-in candidates. A square shall appear before each name and before the blank line. The reverse side of the ballot shall show the official nature of the ballot by the certificate of the clerk.

Every adult owner of land in the district shall be entitled to vote. Any qualified person may declare his candidacy for the office of commissioner and thereby become entitled to have his name placed on the ballot by filing a statement of his candidacy in writing with the clerk at least 3 weeks prior to the date of the election.

The commissioners in office at the time of the election shall be the judges of the election. In the event that one or more of the commissioners is absent or refuses to serve as judge then the electors present at the opening of the polls may choose a person or persons to fill the vacancy or vacancies. The polls shall open at 2:00 P.M. and close at 4:00 P.M. unless the judges of election shall determine to hold the polls open a longer period to accommodate the voters. In no event shall the polls remain open later than 6:00 P.M.

Upon the closing of the polls the judges of election shall promptly canvass the ballots and the ballots together with the poll books, tally lists and the results shall be returned to the clerk within 48 hours after the election. The candidate receiving the largest number of votes shall be declared elected. In case of a tie the judges shall determine by lot who is elected. The expense of the election shall be borne by the district.

In the event that a vacancy occurs in the office of commissioner whether by death, ineligibility, removal from office or failure to qualify the commissioners in office shall fill the vacancy by appointment. The commissioner so appointed shall serve until the next annual election. If the unexpired term caused by such vacancy be for more than one year then, at the next annual election, the adult landowners shall elect a commissioner to complete the then unexpired portion of the term in addition to electing a commissioner for a regular term.

Commissioners elected under this Section shall, within 20 days after their election, qualify by subscribing to an oath of office and giving bond, in the manner provided in Section 4-4.

This Section is repealed 5 years after the effective date of this amendatory Act.

(Source: P.A. 86-297.)

(70 ILCS 605/4-5.5 new)

Sec. 4-5.5. Election of Commissioners in Districts organized under the Act and certain other Districts. On and after the effective date of this amendatory Act of the 99th General Assembly, commissioners for all districts which, on the date of this amendatory Act of the 99th General Assembly, are operating and existing under this Act shall be nominated and elected for terms of 4 years at the next consolidated election as Elected Officers of special districts under paragraph (17) of subsection (c) of Section 2A-1.2 of the Election Code by the voters of the district unless the electors have elected to change from the election to the appointment of commissioners in the manner provided in Section 4-6 of this Code.

Commissioners elected under this Section shall, within 20 days after their election, qualify by subscribing to an oath of office and giving bond, in the manner provided in Section 4-4 of this Code.

Commissioners elected under Section 4-5 of this Code shall serve the remainder of their terms. Notwithstanding any other provisions of law to the contrary, after the first consolidated election after the effective date of this amendatory Act of the 99th General Assembly districts may have up to 6 commissioners until the terms of the commissioners elected prior to the effective date of this amendatory Act of the 99th General Assembly expire. Commissioners elected before the effective date of this amendatory Act of the 99th General Assembly may resign their current position, effective after the next consolidated election, and choose to be nominated and elected under the provisions of this Section.

(70 ILCS 605/4-6) (from Ch. 42, par. 4-6)

Sec. 4-6. Change from election to appointment of Commissioners in certain districts.

In all districts which were operating and existing under the provisions of the Farm Drainage Act at the time this Act became effective and in districts which have changed from the appointment to the election of commissioners as provided in Section 4-8, 10 per cent or more of the electors in the district adult landowners may petition the court to dispense with the annual election of commissioners and to appoint commissioners in the same manner as though the district had been originally organized under this Act. Upon the filing of any such petition the same shall be presented to the court which shall fix the date and hour for hearing and direct the time and manner of giving notice. Upon such hearing the court shall determine whether the petition is signed by at least 10 per cent of the electors adult owners of land in the district. The affidavit of one or more credible persons may be taken as prima facie evidence as to the proportion of the owners signing the petition. If the petition is not so signed the petition shall be dismissed at the petitioners' cost.

If at such hearing, the court determines that the petition is signed by at least 10 per cent of such electors owners but is not signed by a majority of such electors owners then the court shall order the question of whether the commissioners of the district shall be appointed in the manner provided or elected by the electors adult landowners of the district submitted to the electors adult landowners at the next annual election in the district and shall direct the clerk of the district to prepare separate ballots on that question for use in that election. The ballots shall be canvassed by the judges of the election and the ballots and the results of the election returned to the clerk at the same time and in the same manner as is provided in Section 4-5 with reference to the election of commissioners.

Within five days after the results of the election are returned to the clerk he shall report the results to the court. If a majority of the electors owners voting on the question do not favor the appointment of commissioners the petition shall be dismissed and the question may not again be put to the electors landowners until the second succeeding annual election. If a majority of the electors owners voting on the question favor the appointment of commissioners in the manner provided and the dispensing with the annual election of commissioners the court shall order that thenceforth the annual elections of the district shall be dispensed with and thereafter the commissioners shall be appointed in the manner provided in this Act.

If at the hearing on the petition the court determines that the petition is signed by a majority of the electors adult owners of land in the district then no referendum on the question shall be necessary and the court shall thereupon order that thenceforth the annual elections of the district shall be dispensed with and thereafter the commissioners shall be appointed in the manner provided by this Act.

The commissioners in office at the time an order dispensing with further elections is given or made shall continue in office until the time that their successors would have been elected under the provisions of Section 4-5 and until their successors have been appointed and shall have qualified.

(Source: P.A. 77-701.)

(70 ILCS 605/4-7) (from Ch. 42, par. 4-7)

Sec. 4-7. Appointment of commissioners in districts organized under Levee Act and certain other districts. In all districts which, at the time this Act goes into effect, were operating and existing under the provisions of the Levee Act, or under the provisions of any other act repealed by this Act except the Farm Drainage Act, the commissioners thereof shall hereafter be appointed in the same manner and with like qualifications as though the districts had been originally organized under this Act unless the electors landowners have elected to change from the appointment to the election of commissioners in the manner provided in Section 4-8. The commissioners in office at the time this Act goes into effect shall continue as commissioners of the district under this Act until the expiration of their terms of office and until their successors are selected and shall have qualified as provided in this Act. Commissioners appointed under this section shall, within 20 days after their appointment, qualify by subscribing to an oath of office and giving bond, in the manner provided in Section 4-4.

(Source: P.A. 86-297.)

(70 ILCS 605/4-8) (from Ch. 42, par. 4-8)

Sec. 4-8. Change from appointment to election of commissioners in certain districts. In any district, whether heretofore or hereafter organized, 10 per cent or more of the electors adult landowners may petition the court to change the method of selecting commissioners from appointment to election. The practice and procedure on a petition to change from the appointment to the election of commissioners shall follow, as nearly as the facts will permit, the practice and procedure set forth in Sections 4-5.5 or Section 4-6 of this Code, as applicable, for the change from elective to appointive commissioners. The commissioners in office at the time an order is given or made directing that thereafter the commissioners shall be elected in the manner provided by this Act shall continue in office until the time that their successors would have been appointed under Section 4-1 and until their successors have been elected and shall have qualified.

(Source: Laws 1955, p. 512.)

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