Full Text of SB0426 100th General Assembly
SB0426ham002 100TH GENERAL ASSEMBLY | Rep. Al Riley Filed: 5/23/2018
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| 1 | | AMENDMENT TO SENATE BILL 426
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 426 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's corporate boundaries are located | 5 | | wholly within a single county, the
presiding officer of the | 6 | | county board, with the advice and consent of
the county | 7 | | board, shall appoint the trustees for the district;
| 8 | | (2) If the district's corporate boundaries are located | 9 | | in more than one county, the members
of the General | 10 | | Assembly whose legislative districts encompass any
portion | 11 | | of the district shall appoint the trustees for the | 12 | | district.
| 13 | | In any sanitary district which shall have a 3 member board | 14 | | of trustees,
within 60 days after the adoption of such act, the | 15 | | appropriate
appointing authority shall appoint three trustees | 16 | | not more than 2 of
whom shall be from one incorporated city, | 17 | | town or village in districts
in which are included 2 or more | 18 | | incorporated cities, towns or villages,
or parts of 2 or more | 19 | | incorporated cities, towns or villages, who shall
hold their | 20 | | office respectively for 1, 2 and 3 years, from the first
Monday | 21 | | of May next after their appointment and until their successors
| 22 | | are appointed and have qualified, and thereafter on or before | 23 | | the second
Monday in April of each year the appropriate | 24 | | appointing authority shall
appoint one trustee whose term shall | 25 | | be for 3 years commencing the first
Monday in May of the year | 26 | | in which he is appointed. The
length of the term of the first |
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| 1 | | trustees shall be determined by lot at
their first meeting.
| 2 | | In the case of any sanitary district created after January | 3 | | 1, 1978 in which
a 5 member board of trustees is required, the | 4 | | appropriate appointing authority
shall appoint 5 trustees, one | 5 | | of whom shall hold office for one year, two
of whom shall hold | 6 | | office for 2 years, and 2 of whom shall hold office for
3 years | 7 | | from the first Monday of May next after their respective | 8 | | appointments
and until their successors are appointed and have | 9 | | qualified. Thereafter,
on or before the second Monday in April | 10 | | of each year the appropriate
appointing authority shall appoint | 11 | | one trustee or 2 trustees, as shall be
necessary to maintain a | 12 | | 5 member board of trustees, whose terms shall be for 3
years
| 13 | | commencing the first Monday in May of the year in which they | 14 | | are respectively
appointed. The length of the terms of the | 15 | | first trustees shall be determined
by lot at their first | 16 | | meeting.
| 17 | | In any sanitary district created prior to January 1, 1978 | 18 | | in which a
5 member board of trustees is required as of January | 19 | | 1, 1978,
the two trustees already serving terms which do not | 20 | | expire on May 1, 1978
shall continue to hold office for the | 21 | | remainders of their respective terms,
and 3 trustees shall be | 22 | | appointed by the appropriate appointing authority
by April 10, | 23 | | 1978 and shall hold office for terms beginning May 1, 1978.
Of | 24 | | the three new trustees, one shall hold office for 2 years and 2 | 25 | | shall
hold office for 3 years from May 1, 1978 and until their | 26 | | successors are
appointed and have qualified. Thereafter, on or |
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| 1 | | before the second Monday
in April of each year the appropriate | 2 | | appointing authority shall appoint
one trustee or 2 trustees, | 3 | | as shall be necessary to maintain a 5 member
board of trustees, | 4 | | whose terms shall be for 3 years commencing the first
Monday in | 5 | | May of the year in which they are respectively appointed. The
| 6 | | lengths of the terms of the trustees who are to hold office | 7 | | beginning May
1, 1978 shall be determined by lot at their first | 8 | | meeting after May 1, 1978.
| 9 | | No more than 3 members of a 5 member board of trustees may | 10 | | be of the same
political party; except that in any sanitary | 11 | | district which otherwise
meets the requirements of this Section | 12 | | and which lies within 4 counties of the
State of Illinois or, | 13 | | prior to April 30, 2008, in the Fox River Water Reclamation | 14 | | District; the
appointments of the 5 members of the board of | 15 | | trustees
shall be made without regard to political party. | 16 | | Beginning with the appointments made on April 30, 2008, all | 17 | | appointments to the board of trustees of the Fox River Water | 18 | | Reclamation District shall be made so that no more than 3 of | 19 | | the 5 members are from the same political party.
| 20 | | Notwithstanding any other provision of this Act, vacancies | 21 | | on the board of trustees of the Thorn Creek Basin Sanitary | 22 | | District shall be appointed as provided in this paragraph. Upon | 23 | | the vacancy of a trustee, the mayors of each municipality | 24 | | located in whole or in part within the territory of the | 25 | | District shall recommend a candidate or candidates to fill the | 26 | | vacancy. A majority of the mayors must select an appropriate |
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| 1 | | candidate to fill the vacancy from among those candidates | 2 | | recommended by the mayors. | 3 | | Within 60 days after the release of Federal census | 4 | | statistics showing that
a sanitary district having a 3 member | 5 | | board of trustees contains one
or more municipalities with a | 6 | | population over 90,000 but less than 500,000,
or, for the | 7 | | Northern Moraine Wastewater Reclamation District, within 60 | 8 | | days after the effective date of this amendatory Act of the | 9 | | 95th General Assembly, the appropriate appointing authority | 10 | | shall appoint 2 additional trustees
to the board of trustees, | 11 | | one to hold office for 2 years and one to hold
office for 3 | 12 | | years from the first Monday of May next after their appointment
| 13 | | and until their successors are appointed and have qualified. | 14 | | The lengths
of the terms of these two additional members shall | 15 | | be determined by lot
at the first meeting of the board of | 16 | | trustees held after the additional
members take office. The | 17 | | three trustees already holding office in the sanitary
district | 18 | | shall continue
to hold office for the remainders of their | 19 | | respective terms. Thereafter,
on or before the second Monday in | 20 | | April of each year the appropriate appointing
authority shall | 21 | | appoint one trustee or 2 trustees, as shall be necessary
to | 22 | | maintain a 5 member board of trustees, whose terms shall be for | 23 | | 3 years
commencing the first Monday in May of the year in which | 24 | | they are respectively
appointed.
| 25 | | If any sanitary district having a 5 member board of | 26 | | trustees shall cease
to contain one or more municipalities with |
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| 1 | | a population over 90,000 but
less than 500,000 according to the | 2 | | most recent Federal census, then, for
so long as that sanitary | 3 | | district does not contain one or more such
municipalities,
on | 4 | | or before the second Monday in April of each year the | 5 | | appropriate appointing
authority shall
appoint one trustee | 6 | | whose term shall be for 3 years commencing the first
Monday in | 7 | | May of the year in which he is appointed. In districts which
| 8 | | include 2 or more incorporated cities, towns, or villages, or | 9 | | parts of 2
or more incorporated cities, towns, or villages, all | 10 | | of the trustees shall
not be from one incorporated city, town | 11 | | or village.
| 12 | | If a vacancy occurs on any board of trustees, the | 13 | | appropriate appointing
authority shall within 60 days appoint a | 14 | | trustee who shall hold office for
the remainder of the vacated | 15 | | term.
| 16 | | The appointing authority shall require each of the trustees | 17 | | to enter
into bond, with security to be approved by the | 18 | | appointing authority, in
such sum as the appointing authority | 19 | | may determine.
| 20 | | A majority of the board of trustees shall constitute a | 21 | | quorum but a
smaller number may adjourn from day to day. No | 22 | | trustee or employee of
such district shall be directly or | 23 | | indirectly interested in any
contract, work or business of the | 24 | | district, or the sale of any article,
the expense, price or | 25 | | consideration of which is paid by such district;
nor in the | 26 | | purchase of any real estate or property belonging to the
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| 1 | | district, or which shall be sold for taxes or assessments, or | 2 | | by virtue
of legal process at the suit of the district. | 3 | | Provided, that nothing
herein shall be construed as prohibiting | 4 | | the appointment or selection of
any person as trustee or | 5 | | employee whose only interest in the district is
as owner of | 6 | | real estate in the district or of contributing to the
payment | 7 | | of taxes levied by the district. The trustees shall have the
| 8 | | power to provide and adopt a corporate seal for the district.
| 9 | | Notwithstanding any other provision in this Section, in any | 10 | | sanitary
district created prior to the effective date of this | 11 | | amendatory Act of
1985, in which a five member board of | 12 | | trustees has been appointed and which
currently includes one or | 13 | | more municipalities with a population of over
90,000 but less | 14 | | than 500,000, the board of trustees shall consist of five
| 15 | | members. | 16 | | Except as otherwise provided for vacancies, in the event | 17 | | that the appropriate appointing authority fails to appoint a | 18 | | trustee under this Section, the appropriate appointing | 19 | | authority shall reconvene and appoint a successor on or before | 20 | | July 1 of that year.
| 21 | | (Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)".
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