Full Text of SB0492 98th General Assembly
SB0492sam001 98TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 2/28/2013
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| 1 | | AMENDMENT TO SENATE BILL 492
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 492 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Sanitary District Act of 1917 is amended by | 5 | | changing Section 3 as follows:
| 6 | | (70 ILCS 2405/3) (from Ch. 42, par. 301)
| 7 | | Sec. 3. Board of trustees; creation; term. A board of | 8 | | trustees shall be created, consisting of 5 members
in any | 9 | | sanitary district which includes one or more municipalities | 10 | | with
a population of over 90,000 but less than 500,000 | 11 | | according to the most
recent Federal census, and consisting of | 12 | | 3 members in any other district.
However, the board of trustees | 13 | | for the Fox River Water Reclamation District, the Sanitary | 14 | | District of Decatur, and the Northern Moraine Wastewater | 15 | | Reclamation District
shall each consist of 5 members. Each | 16 | | board of trustees shall be created for the
government, control |
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| 1 | | and management of the affairs and business of each
sanitary | 2 | | district organized under this Act shall be created in the
| 3 | | following manner:
| 4 | | (1) If the district is located wholly within a single | 5 | | county, the
presiding officer of the county board, with the | 6 | | advice and consent of
the county board, shall appoint the | 7 | | trustees for the district;
| 8 | | (2) If the district is located in more than one county, | 9 | | the members
of the General Assembly whose legislative | 10 | | districts encompass any
portion of the district shall | 11 | | appoint the trustees for the district.
| 12 | | In any sanitary district which shall have a 3 member board | 13 | | of trustees,
within 60 days after the adoption of such act, the | 14 | | appropriate
appointing authority shall appoint three trustees | 15 | | not more than 2 of
whom shall be from one incorporated city, | 16 | | town or village in districts
in which are included 2 or more | 17 | | incorporated cities, towns or villages,
or parts of 2 or more | 18 | | incorporated cities, towns or villages, who shall
hold their | 19 | | office respectively for 1, 2 and 3 years, from the first
Monday | 20 | | of May next after their appointment and until their successors
| 21 | | are appointed and have qualified, and thereafter on or before | 22 | | the second
Monday in April of each year the appropriate | 23 | | appointing authority shall
appoint one trustee whose term shall | 24 | | be for 3 years commencing the first
Monday in May of the year | 25 | | in which he is appointed. The
length of the term of the first | 26 | | trustees shall be determined by lot at
their first meeting.
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| 1 | | In the case of any sanitary district created after January | 2 | | 1, 1978 in which
a 5 member board of trustees is required, the | 3 | | appropriate appointing authority
shall appoint 5 trustees, one | 4 | | of whom shall hold office for one year, two
of whom shall hold | 5 | | office for 2 years, and 2 of whom shall hold office for
3 years | 6 | | from the first Monday of May next after their respective | 7 | | appointments
and until their successors are appointed and have | 8 | | qualified. Thereafter,
on or before the second Monday in April | 9 | | of each year the appropriate
appointing authority shall appoint | 10 | | one trustee or 2 trustees, as shall be
necessary to maintain a | 11 | | 5 member board of trustees, whose terms shall be for 3
years
| 12 | | commencing the first Monday in May of the year in which they | 13 | | are respectively
appointed. The length of the terms of the | 14 | | first trustees shall be determined
by lot at their first | 15 | | meeting.
| 16 | | In any sanitary district created prior to January 1, 1978 | 17 | | in which a
5 member board of trustees is required as of January | 18 | | 1, 1978,
the two trustees already serving terms which do not | 19 | | expire on May 1, 1978
shall continue to hold office for the | 20 | | remainders of their respective terms,
and 3 trustees shall be | 21 | | appointed by the appropriate appointing authority
by April 10, | 22 | | 1978 and shall hold office for terms beginning May 1, 1978.
Of | 23 | | the three new trustees, one shall hold office for 2 years and 2 | 24 | | shall
hold office for 3 years from May 1, 1978 and until their | 25 | | successors are
appointed and have qualified. Thereafter, on or | 26 | | before the second Monday
in April of each year the appropriate |
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| 1 | | appointing authority shall appoint
one trustee or 2 trustees, | 2 | | as shall be necessary to maintain a 5 member
board of trustees, | 3 | | whose terms shall be for 3 years commencing the first
Monday in | 4 | | May of the year in which they are respectively appointed. The
| 5 | | lengths of the terms of the trustees who are to hold office | 6 | | beginning May
1, 1978 shall be determined by lot at their first | 7 | | meeting after May 1, 1978.
| 8 | | No more than 3 members of a 5 member board of trustees may | 9 | | be of the same
political party; except that in any sanitary | 10 | | district which otherwise
meets the requirements of this Section | 11 | | and which lies within 4 counties of the
State of Illinois or, | 12 | | prior to April 30, 2008, in the Fox River Water Reclamation | 13 | | District; the
appointments of the 5 members of the board of | 14 | | trustees
shall be made without regard to political party. | 15 | | Beginning with the appointments made on April 30, 2008, all | 16 | | appointments to the board of trustees of the Fox River Water | 17 | | Reclamation District shall be made so that no more than 3 of | 18 | | the 5 members are from the same political party.
| 19 | | Within 60 days after the release of Federal census | 20 | | statistics showing that
a sanitary district having a 3 member | 21 | | board of trustees contains one
or more municipalities with a | 22 | | population over 90,000 but less than 500,000,
or, for the | 23 | | Northern Moraine Wastewater Reclamation District, within 60 | 24 | | days after the effective date of this amendatory Act of the | 25 | | 95th General Assembly, the appropriate appointing authority | 26 | | shall appoint 2 additional trustees
to the board of trustees, |
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| 1 | | one to hold office for 2 years and one to hold
office for 3 | 2 | | years from the first Monday of May next after their appointment
| 3 | | and until their successors are appointed and have qualified. | 4 | | The lengths
of the terms of these two additional members shall | 5 | | be determined by lot
at the first meeting of the board of | 6 | | trustees held after the additional
members take office. The | 7 | | three trustees already holding office in the sanitary
district | 8 | | shall continue
to hold office for the remainders of their | 9 | | respective terms. Thereafter,
on or before the second Monday in | 10 | | April of each year the appropriate appointing
authority shall | 11 | | appoint one trustee or 2 trustees, as shall be necessary
to | 12 | | maintain a 5 member board of trustees, whose terms shall be for | 13 | | 3 years
commencing the first Monday in May of the year in which | 14 | | they are respectively
appointed.
| 15 | | If any sanitary district having a 5 member board of | 16 | | trustees shall cease
to contain one or more municipalities with | 17 | | a population over 90,000 but
less than 500,000 according to the | 18 | | most recent Federal census, then, for
so long as that sanitary | 19 | | district does not contain one or more such
municipalities,
on | 20 | | or before the second Monday in April of each year the | 21 | | appropriate appointing
authority shall
appoint one trustee | 22 | | whose term shall be for 3 years commencing the first
Monday in | 23 | | May of the year in which he is appointed. In districts which
| 24 | | include 2 or more incorporated cities, towns, or villages, or | 25 | | parts of 2
or more incorporated cities, towns, or villages, all | 26 | | of the trustees shall
not be from one incorporated city, town |
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| 1 | | or village.
| 2 | | If a vacancy occurs on any board of trustees, the | 3 | | appropriate appointing
authority shall within 60 days appoint a | 4 | | trustee who shall hold office for
the remainder of the vacated | 5 | | term.
| 6 | | The appointing authority shall require each of the trustees | 7 | | to enter
into bond, with security to be approved by the | 8 | | appointing authority, in
such sum as the appointing authority | 9 | | may determine.
| 10 | | A majority of the board of trustees shall constitute a | 11 | | quorum but a
smaller number may adjourn from day to day. No | 12 | | trustee or employee of
such district shall be directly or | 13 | | indirectly interested in any
contract, work or business of the | 14 | | district, or the sale of any article,
the expense, price or | 15 | | consideration of which is paid by such district;
nor in the | 16 | | purchase of any real estate or property belonging to the
| 17 | | district, or which shall be sold for taxes or assessments, or | 18 | | by virtue
of legal process at the suit of the district. | 19 | | Provided, that nothing
herein shall be construed as prohibiting | 20 | | the appointment or selection of
any person as trustee or | 21 | | employee whose only interest in the district is
as owner of | 22 | | real estate in the district or of contributing to the
payment | 23 | | of taxes levied by the district. The trustees shall have the
| 24 | | power to provide and adopt a corporate seal for the district.
| 25 | | Notwithstanding any other provision in this Section, in any | 26 | | sanitary
district created prior to the effective date of this |
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| 1 | | amendatory Act of
1985, in which a five member board of | 2 | | trustees has been appointed and which
currently includes one or | 3 | | more municipalities with a population of over
90,000 but less | 4 | | than 500,000, the board of trustees shall consist of five
| 5 | | members. | 6 | | Notwithstanding any other provision in this Section, on and | 7 | | after the effective date of this amendatory Act, all persons | 8 | | appointed to the board of trustees of the Fox River Water | 9 | | Reclamation District shall reside within the district. If a | 10 | | trustee is serving his or her term on the effective date of | 11 | | this amendatory Act and lives outside the district, his or her | 12 | | seat shall be considered vacant and be filled by the | 13 | | appropriate appointing authority in accordance with the | 14 | | provisions of this Section.
| 15 | | (Source: P.A. 95-608, eff. 9-11-07; 96-1065, eff. 7-16-10.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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