100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4253

 

Introduced , by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3705/4  from Ch. 111 2/3, par. 191

    Amends the Public Water District Act. Provides that an appointing authority may remove a public water district trustee it appointed for misconduct, official misconduct, or neglect of office. Effective immediately.


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A BILL FOR

 

HB4253LRB100 16144 AWJ 31263 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Water District Act is amended by
5changing Section 4 as follows:
 
6    (70 ILCS 3705/4)  (from Ch. 111 2/3, par. 191)
7    Sec. 4. A board of trustees consisting of 7 members for the
8government, control and management of the affairs of the
9business of each such water district organized under this Act
10shall be created in the following manner:
11        (1) If the district lies wholly within a single
12    township but does not also lie wholly within a
13    municipality, the board of trustees of that township shall
14    appoint the trustees for the district but no voting member
15    of the township board is eligible for such appointment;
16        (2) If the district is wholly contained within a
17    municipality, the governing body of the municipality shall
18    appoint the trustees for the district;
19        (3) If the district is wholly contained within a single
20    county, the trustees for the district shall be appointed by
21    the presiding officer of the county board with the advice
22    and consent of the county board;
23        (4) If the district is located in more than one county,

 

 

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1    the number of trustees who are residents of a county shall
2    be in proportion, as nearly as practicable, to the number
3    of residents of the district who reside in that county in
4    relation to the total population of the district. Trustees
5    shall be appointed by the county board of their respective
6    counties, or in the case of a home rule county as defined
7    by Article VII, Section 6 of the Constitution of 1970, by
8    the chief executive officer of that county with the advice
9    and consent of the county board.
10    Upon the expiration of the term of a trustee who is in
11office on the effective date of this Amendatory Act of 1975,
12the successor shall be a resident of whichever county is
13entitled to such representation in order to bring about the
14proportional representation required herein, and he shall be
15appointed by the appointing authority of that county.
16    Thereafter, each trustee shall be succeeded by a resident
17of the same county who shall be appointed by the same
18appointing authority; however, the provisions of the preceding
19paragraph shall apply to the appointment of the successor to
20each trustee who is in office at the time of the publication of
21each decennial Federal census of population.
22    Within 60 days after the adoption of this Act as provided
23in Section 2 hereof, the appropriate appointing authority shall
24appoint 7 trustees who shall hold that office respectively one
25for one, one for 2, one for 3, 2 for 4 and 2 for 5 years from
26the first Monday of May next after their appointment as

 

 

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1designated by the appointing authority at the time of
2appointment and until their successors are appointed and have
3qualified. Thereafter on or after the first Monday in May of
4each year the appointing authority shall appoint successors
5whose term shall be for 5 years commencing the first Monday in
6May of the year they are respectively appointed. If the circuit
7court finds that the size, number of members, and scale of
8operations of the water district justifies a Board of Trustees
9of less than 7 members he shall rule that such board shall have
103 or 5 members. Initial appointments to a 3 member board shall
11be as follows: one for one, one for 2, and one for 3 years.
12Initial appointments to a 5 member board shall be as follows:
13one for one, one for 2, one for 3, one for 4 and one for 5
14years. In each such case the term of office and method of
15appointing successors shall be as provided in this Section for
167 member boards. The appointing authority shall require each of
17such trustees to enter a bond with security to be approved by
18the appointing authority in such sum as such appointing
19authority may determine. A majority of the Board of Trustees
20shall constitute a quorum, but a smaller number may adjourn
21from day to day. No trustee or employee of such district shall
22be directly or indirectly interested in any contract, work or
23business of the district or the sale of any article, the
24expense, price or consideration of which is paid by such
25district, nor in the purchase of any real estate or property
26for or belonging to the district.

 

 

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1    An appointing authority may remove a public water district
2trustee it appointed for misconduct, official misconduct, or
3neglect of office.
4    Whenever a vacancy in such board of trustees shall occur
5either from death, resignation, removal, refusal to qualify, or
6for any other reason, the appointing authority shall have power
7to fill such vacancy by appointment. Such persons so appointed
8or qualified for office in the manner hereinbefore stated shall
9thereupon assume the duties of the office for the unexpired
10term for which such person was appointed.
11    For terms commencing before the effective date of this
12amendatory Act of the 96th General Assembly, the trustees
13appointed under this Act shall be paid a sum of not to exceed
14$600 per annum for their respective duties as trustees, except
15that trustees of a district with an annual operating budget of
16$1,000,000 or more may be paid a sum not to exceed $1,000 per
17annum. For terms commencing on or after the effective date of
18this amendatory Act of the 96th General Assembly, the trustees
19shall be paid a sum of not to exceed $1,200 per annum. However,
20trustees appointed under this Act for any public water district
21which acquires by purchase or condemnation, or constructs, and
22maintains and operates sewerage properties in combination with
23its waterworks properties, under the provisions of Section 23a
24of this Act, shall be paid a sum of not to exceed $2,000 per
25annum for their respective duties as trustees. Compensation in
26either case shall be determined by resolution of the respective

 

 

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1boards of trustees, to be adopted annually at their first
2meeting in May.
3    Any public water district organized under this Act with a
4board of trustees consisting of 7 members may have the size of
5its board reduced as provided in Section 4.1.
6(Source: P.A. 96-614, eff. 1-1-10.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.