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91_SB0958ham002
LRB9106531MWpcam
1 AMENDMENT TO SENATE BILL 958
2 AMENDMENT NO. . Amend Senate Bill 958, AS AMENDED,
3 in the title by replacing "Sections 5," with "Sections 5,
4 6,"; and
5 in Section 5, in the introductory clause, by replacing
6 "Sections 5," with "Sections 5, 6,"; and
7 in Section 5, by replacing Sec. 5 with the following:
8 "(70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
9 Sec. 5. Board of trustees.
10 (a) The affairs of a conservation district shall be
11 managed by a board consisting which shall consist of 5
12 trustees, except as otherwise provided in this Section. If
13 the boundaries of the district are coextensive with the
14 boundaries of one county, the trustees shall be residents of
15 that county. If the district embraces 2 counties, 3 trustees
16 shall be residents of the county with the larger population
17 and 2 trustees shall be residents of the other county. If the
18 district embraces 3 counties, one trustee shall be a resident
19 of the county with the smallest population and each of the
20 other counties shall have 2 resident trustees. If the
21 district embraces 4 counties, 2 trustees shall be residents
22 of the county with the largest population and each of the
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1 other counties shall have one resident trustee. If the
2 district embraces 5 counties, each county shall have one
3 resident trustee.
4 (b) A district that is entirely within a county of under
5 300,000 200,000 inhabitants and contiguous to a county of
6 more than 2,000,000 inhabitants and that is authorized by
7 referendum as provided in subsection (d) of Section 15 to
8 incur indebtedness over 0.575% but not to exceed 1.725% shall
9 have a board consisting of 7 trustees, all of whom shall be
10 residents of the county. The additional 2 trustees shall be
11 appointed by the chairman of the county board, with the
12 consent of the county board, and shall hold office for terms
13 expiring on June 30 as follows: one trustee after 4 years
14 and one trustee after 5 years from the date of the
15 referendum. Successor trustees shall be appointed in the
16 same manner no later than June 1 before the commencement of
17 the term of the trustee.
18 (c) Trustees shall be qualified voters of the such
19 district who do not hold any other public office and are not
20 officers of any political party. Trustees, if nominated by
21 the county board chairman as hereinafter provided, shall be
22 selected on the basis of their demonstrated interest in the
23 purpose of conservation districts.
24 (d) If the trustees are appointed, the chairman of the
25 county board for the county of which the trustee is a
26 resident shall, with the consent of the county board of that
27 county, appoint the first trustees who shall hold office for
28 terms expiring on June 30 after one, 2, 3, 4, and 5 year
29 periods respectively as determined and fixed by lot.
30 Thereafter, successor appointed trustees shall be appointed
31 for a term of 5-years in the same manner no later than June 1
32 prior to the commencement of term of the trustee. If the
33 term of office of any appointed trustee expires before the
34 first election of trustees under subsection (i) after
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1 referendum approval of elected trustees, the chairman of the
2 county board who appointed that trustee under this subsection
3 shall appoint a successor to serve until a successor is
4 elected and has qualified.
5 (e) When a vacancy occurs in the office of trustee,
6 whether by death, resignation, refusal to qualify, no longer
7 being a qualified voter of the district, or for any other
8 reason, the board of trustees shall declare that a vacancy
9 exists. The vacancy shall be filled within 60 days each
10 successor trustee shall serve for a term of 5 years. A
11 vacancy occurring otherwise than by expiration of term, for
12 appointed trustees, shall be filled for the unexpired term by
13 appointment of a trustee by the county board chairman of the
14 county of which the trustee shall be a resident, with the
15 approval of the county board of that county. An appointed A
16 trustee who has served a full term of 5 years is ineligible
17 to serve as a trustee for a period of one year following the
18 expiration of his or her term. In the case of an elected
19 trustee, appointment of an eligible person shall be by the
20 president of the board of trustees with the advice and
21 consent of the other trustees. The appointee shall serve the
22 remainder of the unexpired term. If, however, more than 28
23 months remain in the term of an elected trustee and the
24 vacancy occurs at least 182 days before the next general
25 election, the appointment shall be until the next general
26 election, at which time the vacated office of the elected
27 trustee shall be filled by election for the remainder of the
28 term.
29 If a vacancy occurs in the office of president of the
30 board of trustees, the remaining trustees shall select one of
31 their number to serve as president for the balance of the
32 unexpired term of the president in whose office the vacancy
33 occurred.
34 When any trustee during his or her term of office shall
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1 cease to be a bona fide resident of the county or district,
2 or shall move from one township or congressional township in
3 the district to another so that the township residency
4 requirements of this Section are no longer met, then he or
5 she is disqualified as a trustee and the office becomes
6 vacant. If the district has decided to elect or appoint
7 trustees from single member subdistricts under subsection
8 (i), then when any trustee during his or her term of office
9 shall cease to be a bona fide resident of the subdistrict
10 district he or she is disqualified as a trustee and the his
11 office becomes vacant.
12 (f) Trustees shall serve without compensation, but may
13 be paid their actual and necessary expenses incurred in the
14 performance of their official duties.
15 (g) An appointed A trustee may be removed for cause by
16 the county board chairman for the county of which the trustee
17 is a resident, with the approval of the county board of that
18 county, but every such removal shall be by a written order
19 and, which shall be filed with the county clerk.
20 (h) A conservation district with 5 trustees may
21 determine by majority vote of the board to increase the size
22 of the board to 7 trustees. With respect to a 7-member
23 board, no more than 3 members may be residents of any
24 township in a county under township organization or of any
25 congressional township in a county not under township
26 organization. In the case of a 7-member board representing a
27 district that embraces 2 counties, 4 trustees shall be
28 residents of the county with the larger population and 3
29 trustees shall be residents of the other county. If the
30 district embraces 3 counties, 2 trustees shall be residents
31 of each of the 2 counties with the smallest population and
32 the largest county shall have 3 resident trustees. If the
33 district embraces 4 counties, one trustee shall be a resident
34 of the county with the smallest population and each of the
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1 other counties shall have 2 resident trustees. If the
2 district embraces 5 counties, the 2 counties with the largest
3 population shall each have 2 resident trustees and each of
4 the other counties shall have one resident trustee. The
5 pertinent appointing authorities shall appoint the additional
6 2 trustees to initial terms as equally staggered as possible
7 from the terms of the trustees already appointed from that
8 township or county so that 2 trustees representing the same
9 area shall not be succeeded in the same year.
10 (i) Except as provided in subsection (b), a conservation
11 district in a county adjacent to county with more than
12 3,000,000 inhabitants may determine by referendum (i) to have
13 an elected or appointed board of trustees, (ii) to have a
14 board of trustees with 5 or 7 members, and (iii) to have
15 trustees chosen at large or from single member subdistricts.
16 If the boundaries of the district are coextensive with the
17 boundaries of a single county, the county board may determine
18 by ordinance to hold the referendum; or if the boundaries of
19 the district are embraced by more than one county, the county
20 boards of each county in the district, jointly, may determine
21 by ordinance to hold the referendum; or a petition signed by
22 not less than 5% of the electors of the entire district may
23 be submitted to the board of trustees requiring the district
24 to hold the referendum.
25 The secretary of the board of trustees shall certify the
26 proposition to the appropriate election authorities who shall
27 submit the proposition at a consolidated or general election
28 according to the Election Code. The Election Code shall
29 apply to and govern the election. The proposition shall be in
30 substantially the following form:
31 Shall the (insert name) Conservation District have
32 an (insert "elected" or "appointed") board of trustees
33 with (insert "5" or "7") trustees chosen (insert "at
34 large" or "from single member subdistricts")?
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1 The votes shall be recorded as "Yes" or "No".
2 If a majority of the votes cast on the proposition are in
3 the affirmative, the trustees of the district shall
4 thereafter be chosen as provided in this paragraph. At the
5 next consolidated election, a district that has decided by
6 referendum to have its trustees elected rather than appointed
7 shall elect 5 or 7 trustees as provided in the ordinance or
8 petition and in the proposition. The trustees shall be
9 elected on a nonpartisan basis. The provisions of the general
10 election law shall apply to and govern the nomination and
11 election of the trustees.
12 (1) If the district has decided to elect or appoint
13 at large trustees, then with respect to a 5-member board,
14 the residency of members shall be the same as prescribed
15 in subsection (a).
16 With respect to a 7-member board, no more than 3
17 members may be residents of any township in a county
18 under township organization or of any congressional
19 township in a county not under township organization. In
20 the case of a 7-member board representing a district that
21 embraces 2 counties, 4 trustees shall be residents of the
22 county with the larger population and 3 trustees shall be
23 residents of the other county. If the district embraces
24 3 counties, 2 trustees shall be residents of each of the
25 2 counties with the smallest population and the largest
26 county shall have 3 resident trustees. If the district
27 embraces 4 counties, one trustee shall be a resident of
28 the county with the smallest population and each of the
29 other counties shall have 2 resident trustees. If the
30 district embraces 5 counties, the 2 counties with the
31 largest population shall each have 2 resident trustees
32 and each of the other counties shall have one resident
33 trustee.
34 (2) If the district has decided to elect or appoint
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1 trustees from single member subdistricts, then with
2 respect to a 5-member board of a district embracing a
3 single county, the county board shall apportion the
4 district into 5 subdistricts. One trustee shall be a
5 resident of and elected or appointed from each of the 5
6 subdistricts. In the case of a 5-member board of a
7 district embracing more than one county, the members of
8 each county board shall, jointly, apportion the district
9 into 5 subdistricts. One trustee shall be a resident of
10 and elected or appointed from each of the 5 subdistricts.
11 The initial subdistricts shall be apportioned within 90
12 days after the referendum is approved, and the
13 subdistricts shall be reapportioned after each decennial
14 census.
15 With respect to a 7-member board of a district
16 embracing a single county, the county board shall
17 apportion the district into 7 subdistricts. One trustee
18 shall be a resident of and elected or appointed from each
19 of the 7 subdistricts. In the case of a 7-member board
20 of a district embracing more than one county, the members
21 of each county board shall, jointly, apportion the
22 district into 7 subdistricts. One trustee shall be a
23 resident of and elected or appointed from each of the 7
24 subdistricts. The initial subdistricts shall be
25 apportioned within 90 days after the referendum is
26 approved, and the subdistricts shall be reapportioned
27 after each decennial census.
28 (j) When a conservation district determines to elect or
29 appoint trustees as provided in subsection (i), the terms of
30 these trustees shall commence on the first Monday of December
31 following the election. The terms of all trustees previously
32 appointed or elected under this Section shall expire on the
33 first Monday of December following the first election.
34 (1) If the district has decided to elect or appoint
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1 at large trustees, then the initial elected board of
2 trustees shall, no later than 45 days after taking
3 office, divide themselves publicly by lot as equally as
4 possible into 2 groups. Trustees or their successors
5 from the larger group shall serve for terms of 4 years;
6 the initial elected trustees from the second group shall
7 serve for terms of 2 years, and their successors shall be
8 elected for terms of 4 years.
9 (2) If the district has decided to elect or appoint
10 trustees from single member subdistricts, then the
11 members of the initial elected board of trustees and each
12 subsequent board elected prior to the first decennial
13 census following the initial apportionment shall be
14 elected to a term of 2 years. In the year following the
15 first decennial census occurring after the initial
16 apportionment and in the year following each subsequent
17 decennial census, the 5 or 7 subdistricts shall be
18 reapportioned to reflect the results of the census. The
19 board of trustees elected in the first election following
20 a decennial census shall, no later than 45 days after
21 taking office, divide themselves publicly by lot as
22 equally as possible into 3 groups. Trustees or their
23 successors from one group shall be elected to terms of 4
24 years, 4 years, and 2 years. Trustees or their
25 successors from the second group shall be elected to
26 terms of 4 years, 2 years, and 4 years. The trustee or
27 successors from the third group shall be elected to terms
28 of 2 years, 4 years, and 4 years.
29 (Source: P.A. 90-195, eff. 7-24-97.)
30 (70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
31 Sec. 6. Officers and employees. As soon as possible
32 after the initial election or the initial appointments, as
33 the case may be Within 60 days after their selection, the
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1 trustees shall organize by selecting from their members a
2 president, secretary, treasurer, and such other officers as
3 are deemed necessary, who shall hold office for 2 years in
4 the case of an elected board, or the fiscal year in which
5 elected in the case of an appointed board, and until their
6 successors are selected and qualify. Three trustees shall
7 constitute a quorum of the board for the transaction of
8 business if the district has 5 trustees. If the district has
9 7 trustees, 4 trustees shall constitute a quorum of the board
10 for the transaction of business. The board shall hold
11 regular monthly meetings. Special meetings may be called by
12 the president and shall be called on the request of a
13 majority of members, as may be required.
14 The board shall provide for the proper and safe keeping
15 of its permanent records and for the recording of the
16 corporate action of the district. It shall keep a proper
17 system of accounts showing a true and accurate record of its
18 receipts and disbursements, and it shall cause an annual
19 audit to be made of its books, records, and accounts.
20 The records of the district shall be subject to public
21 inspection at all reasonable hours and under such regulations
22 as the board may prescribe.
23 The district shall annually make a full and complete
24 report to the county board of each county within the district
25 and to the Department of Natural Resources of its
26 transactions and operations for the preceding year. The Such
27 such recommendations as may be
30 deemed advisable.
31 Executive or ministerial duties may be delegated to one
32 or more trustees or to an authorized officer, employee,
33 agent, attorney, or other representative of the district.
34 All officers and employees authorized to receive or
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1 retain the custody of money or to sign vouchers, checks,
2 warrants, or evidences of indebtedness binding upon the
3 district shall furnish surety bond for the faithful
4 performance of their duties and the faithful accounting for
5 all moneys that may come into their hands in an amount to be
6 fixed and in a form to be approved by the board.
7 All contracts for supplies, material, or work involving
8 an expenditure in excess of $10,000 shall be let to the
9 lowest responsible bidder, after due advertisement, excepting
10 work requiring personal confidence or necessary supplies
11 under the control of monopolies, where competitive bidding is
12 impossible. All contracts for supplies, material, or work
13 shall be signed by the president of the board and by any such
14