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91_HB2699eng HB2699 Engrossed LRB9100451PTpkA 1 AN ACT to amend the Conservation District Act by changing 2 Sections 5 and 6. 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 Sections 5 and 6 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 consistingwhich shall consistof 5 11 trustees, except as otherwise provided in this Section. If 12 the 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 HB2699 Engrossed -2- LRB9100451PTpkA 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 thesuch9 district who do not hold any other public office and are not 10 officers of any political party. Trustees, if nominated by 11 the county board chairman as hereinafter provided, shall be 12 selected on the basis of their demonstrated interest in the 13 purpose of conservation districts. 14 (d) If the trustees are appointed, the chairman of the 15 county board for the county of which the trustee is a 16 resident shall, with the consent of the county board of that 17 county, appoint the first trustees who shall hold office for 18 terms expiring on June 30 after one, 2, 3, 4, and 5 year 19 periods respectively as determined and fixed by lot. 20 Thereafter, successor appointed trustees shall be appointed 21 for a term of 5-years in the same manner no later than June 1 22 prior to the commencement of term of the trustee. If the 23 term of office of any appointed trustee expires before the 24 first election of trustees under subsection (i) after 25 referendum approval of elected trustees, the chairman of the 26 county board who appointed that trustee under this subsection 27 shall appoint a successor to serve until a successor is 28 elected and has qualified. 29 (e) When a vacancy occurs in the office of trustee, 30 whether by death, resignation, refusal to qualify, no longer 31 being a qualified voter of the district, or for any other 32 reason, the board of trustees shall declare that a vacancy 33 exists. The vacancy shall be filled within 60 dayseach34successor trustee shall serve for a term of 5 years. A HB2699 Engrossed -3- LRB9100451PTpkA 1 vacancy occurring otherwise than by expiration of term, for 2 appointed trustees, shall be filled for the unexpired term by 3 appointment of a trustee by the county board chairman of the 4 county of which the trustee shall be a resident, with the 5 approval of the county board of that county. An appointedA6 trustee who has served a full term of 5 years is ineligible 7 to serve as a trustee for a period of one year following the 8 expiration of his or her term. In the case of an elected 9 trustee, appointment of an eligible person shall be by the 10 president of the board of trustees with the advice and 11 consent of the other trustees. The appointee shall serve the 12 remainder of the unexpired term. If, however, more than 28 13 months remain in the term of an elected trustee and the 14 vacancy occurs at least 182 days before the next general 15 election, the appointment shall be until the next general 16 election, at which time the vacated office of the elected 17 trustee shall be filled by election for the remainder of the 18 term. 19 If a vacancy occurs in the office of president of the 20 board of trustees, the remaining trustees shall select one of 21 their number to serve as president for the balance of the 22 unexpired term of the president in whose office the vacancy 23 occurred. 24 When any trustee during his or her term of office shall 25 cease to be a bona fide resident of the county or district, 26 or shall move from one township or congressional township in 27 the district to another so that the township residency 28 requirements of this Section are no longer met, then he or 29 she is disqualified as a trustee and the office becomes 30 vacant. If the district has decided to elect or appoint 31 trustees from single member subdistricts under subsection 32 (i), then when any trustee during his or her term of office 33 shall cease to be a bona fide resident of the subdistrict 34districthe or she is disqualified as a trustee and thehisHB2699 Engrossed -4- LRB9100451PTpkA 1 office becomes vacant. 2 (f) Trustees shall serve without compensation, but may 3 be paid their actual and necessary expenses incurred in the 4 performance of their official duties. 5 (g) An appointedAtrustee may be removed for cause by 6 the county board chairman for the county of which the trustee 7 is a resident, with the approval of the county board of that 8 county, but everysuchremoval shall be by a written order 9 and, whichshall be filed with the county clerk. 10 (h) A conservation district with 5 trustees may 11 determine by majority vote of the board to increase the size 12 of the board to 7 trustees. With respect to a 7-member 13 board, no more than 3 members may be residents of any 14 township in a county under township organization or of any 15 congressional township in a county not under township 16 organization. In the case of a 7-member board representing a 17 district that embraces 2 counties, 4 trustees shall be 18 residents of the county with the larger population and 3 19 trustees shall be residents of the other county. If the 20 district embraces 3 counties, 2 trustees shall be residents 21 of each of the 2 counties with the smallest population and 22 the largest county shall have 3 resident trustees. If the 23 district embraces 4 counties, one trustee shall be a resident 24 of the county with the smallest population and each of the 25 other counties shall have 2 resident trustees. If the 26 district embraces 5 counties, the 2 counties with the largest 27 population shall each have 2 resident trustees and each of 28 the other counties shall have one resident trustee. The 29 pertinent appointing authorities shall appoint the additional 30 2 trustees to initial terms as equally staggered as possible 31 from the terms of the trustees already appointed from that 32 township or county so that 2 trustees representing the same 33 area shall not be succeeded in the same year. 34 (i) Except as provided in subsection (b), a conservation HB2699 Engrossed -5- LRB9100451PTpkA 1 district in a county adjacent to county with more than 2 3,000,000 inhabitants may determine by referendum (i) to have 3 an elected or appointed board of trustees, (ii) to have a 4 board of trustees with 5 or 7 members, and (iii) to have 5 trustees chosen at large or from single member subdistricts. 6 If the boundaries of the district are coextensive with the 7 boundaries of a single county, the county board may determine 8 by ordinance to hold the referendum; or if the boundaries of 9 the district are embraced by more than one county, the county 10 boards of each county in the district, jointly, may determine 11 by ordinance to hold the referendum; or a petition signed by 12 not less than 5% of the electors of the entire district may 13 be submitted to the board of trustees requiring the district 14 to hold the referendum. 15 The secretary of the board of trustees shall certify the 16 proposition to the appropriate election authorities who shall 17 submit the proposition at a consolidated or general election 18 according to the Election Code. The Election Code shall 19 apply to and govern the election. The proposition shall be in 20 substantially the following form: 21 Shall the (insert name) Conservation District have 22 an (insert "elected" or "appointed") board of trustees 23 with (insert "5" or "7") trustees chosen (insert "at 24 large" or "from single member subdistricts")? 25 The votes shall be recorded as "Yes" or "No". 26 If a majority of the votes cast on the proposition are in 27 the affirmative, the trustees of the district shall 28 thereafter be chosen as provided in this paragraph. At the 29 next consolidated election, a district that has decided by 30 referendum to have its trustees elected rather than appointed 31 shall elect 5 or 7 trustees as provided in the ordinance or 32 petition and in the proposition. The trustees shall be 33 elected on a nonpartisan basis. The provisions of the general 34 election law shall apply to and govern the nomination and HB2699 Engrossed -6- LRB9100451PTpkA 1 election of the trustees. 2 (1) If the district has decided to elect or appoint 3 at large trustees, then with respect to a 5-member board, 4 the residency of members shall be the same as prescribed 5 in subsection (a). 6 With respect to a 7-member board, no more than 3 7 members may be residents of any township in a county 8 under township organization or of any congressional 9 township in a county not under township organization. In 10 the case of a 7-member board representing a district that 11 embraces 2 counties, 4 trustees shall be residents of the 12 county with the larger population and 3 trustees shall be 13 residents of the other county. If the district embraces 14 3 counties, 2 trustees shall be residents of each of the 15 2 counties with the smallest population and the largest 16 county shall have 3 resident trustees. If the district 17 embraces 4 counties, one trustee shall be a resident of 18 the county with the smallest population and each of the 19 other counties shall have 2 resident trustees. If the 20 district embraces 5 counties, the 2 counties with the 21 largest population shall each have 2 resident trustees 22 and each of the other counties shall have one resident 23 trustee. 24 (2) If the district has decided to elect or appoint 25 trustees from single member subdistricts, then with 26 respect to a 5-member board of a district embracing a 27 single county, the county board shall apportion the 28 district into 5 subdistricts. One trustee shall be a 29 resident of and elected or appointed from each of the 5 30 subdistricts. In the case of a 5-member board of a 31 district embracing more than one county, the members of 32 each county board shall, jointly, apportion the district 33 into 5 subdistricts. One trustee shall be a resident of 34 and elected or appointed from each of the 5 subdistricts. HB2699 Engrossed -7- LRB9100451PTpkA 1 The initial subdistricts shall be apportioned within 90 2 days after the referendum is approved, and the 3 subdistricts shall be reapportioned after each decennial 4 census. 5 With respect to a 7-member board of a district 6 embracing a single county, the county board shall 7 apportion the district into 7 subdistricts. One trustee 8 shall be a resident of and elected or appointed from each 9 of the 7 subdistricts. In the case of a 7-member board 10 of a district embracing more than one county, the members 11 of each county board shall, jointly, apportion the 12 district into 7 subdistricts. One trustee shall be a 13 resident of and elected or appointed from each of the 7 14 subdistricts. The initial subdistricts shall be 15 apportioned within 90 days after the referendum is 16 approved, and the subdistricts shall be reapportioned 17 after each decennial census. 18 (j) When a conservation district determines to elect or 19 appoint trustees as provided in subsection (i), the terms of 20 these trustees shall commence on the first Monday of December 21 following the election. The terms of all trustees previously 22 appointed or elected under this Section shall expire on the 23 first Monday of December following the first election. 24 (1) If the district has decided to elect or appoint 25 at large trustees, then the initial elected board of 26 trustees shall, no later than 45 days after taking 27 office, divide themselves publicly by lot as equally as 28 possible into 2 groups. Trustees or their successors 29 from the larger group shall serve for terms of 4 years; 30 the initial elected trustees from the second group shall 31 serve for terms of 2 years, and their successors shall be 32 elected for terms of 4 years. 33 (2) If the district has decided to elect or appoint 34 trustees from single member subdistricts, then the HB2699 Engrossed -8- LRB9100451PTpkA 1 members of the initial elected board of trustees and each 2 subsequent board elected prior to the first decennial 3 census following the initial apportionment shall be 4 elected to a term of 2 years. In the year following the 5 first decennial census occurring after the initial 6 apportionment and in the year following each subsequent 7 decennial census, the 5 or 7 subdistricts shall be 8 reapportioned to reflect the results of the census. The 9 board of trustees elected in the first election following 10 a decennial census shall, no later than 45 days after 11 taking office, divide themselves publicly by lot as 12 equally as possible into 3 groups. Trustees or their 13 successors from one group shall be elected to terms of 4 14 years, 4 years, and 2 years. Trustees or their 15 successors from the second group shall be elected to 16 terms of 4 years, 2 years, and 4 years. The trustee or 17 successors from the third group shall be elected to terms 18 of 2 years, 4 years, and 4 years. 19 (Source: P.A. 90-195, eff. 7-24-97.) 20 (70 ILCS 410/6) (from Ch. 96 1/2, par. 7106) 21 Sec. 6. Officers and employees. As soon as possible 22 after the initial election or the initial appointments, as 23 the case may beWithin 60 days after their selection, the 24 trustees shall organize by selecting from their members a 25 president, secretary, treasurer, andsuchother officers as 26 are deemed necessary, who shall hold office for 2 years in 27 the case of an elected board, or the fiscal year in which 28 elected in the case of an appointed board, and until their 29 successors are selected and qualify. Three trustees shall 30 constitute a quorum of the board for the transaction of 31 business if the district has 5 trustees. If the district has 32 7 trustees, 4 trustees shall constitute a quorum of the board 33 for the transaction of business. The board shall hold HB2699 Engrossed -9- LRB9100451PTpkA 1 regular monthly meetings. Special meetings may be called by 2 the president and shall be called on the request of a 3 majority of members, as may be required. 4 The board shall provide for the proper and safe keeping 5 of its permanent records and for the recording of the 6 corporate action of the district. It shall keep a proper 7 system of accounts showing a true and accurate record of its 8 receipts and disbursements, and it shall cause an annual 9 audit to be made of its books, records, and accounts. 10 The records of the district shall be subject to public 11 inspection at all reasonable hours and undersuchregulations 12 as the board may prescribe. 13 The district shall annually make a full and complete 14 report to the county board of each county within the district 15 and to the Department of Natural Resources of its 16 transactions and operations for the preceding year. TheSuch17report shall contain a full statement of its receipts, 18 disbursements, and the program of work for the period 19 covered, and may includesuchrecommendations as may be 20 deemed advisable. 21 Executive or ministerial duties may be delegated to one 22 or more trustees or to an authorized officer, employee, 23 agent, attorney, or other representative of the district. 24 All officers and employees authorized to receive or 25 retain the custody of money or to sign vouchers, checks, 26 warrants, or evidences of indebtedness binding upon the 27 district shall furnish surety bond for the faithful 28 performance of their duties and the faithful accounting for 29 all moneys that may come into their hands in an amount to be 30 fixed and in a form to be approved by the board. 31 All contracts for supplies, material, or work involving 32 an expenditure in excess of $10,000 shall be let to the 33 lowest responsible bidder, after due advertisement, excepting 34 work requiring personal confidence or necessary supplies HB2699 Engrossed -10- LRB9100451PTpkA 1 under the control of monopolies, where competitive bidding is 2 impossible. All contracts for supplies, material, or work 3 shall be signed by the president of the board and by anysuch4other officer as the board in its discretion may designate. 5 (Source: P.A. 89-445, eff. 2-7-96.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.