Public Act 098-0407
 
HB2239 EnrolledLRB098 02654 OMW 32659 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sanitary District Act of 1917 is amended by
changing Section 3 as follows:
 
    (70 ILCS 2405/3)  (from Ch. 42, par. 301)
    Sec. 3. Board of trustees; creation; term. A board of
trustees shall be created, consisting of 5 members in any
sanitary district which includes one or more municipalities
with a population of over 90,000 but less than 500,000
according to the most recent Federal census, and consisting of
3 members in any other district. However, the board of trustees
for the Fox River Water Reclamation District, the Sanitary
District of Decatur, and the Northern Moraine Wastewater
Reclamation District shall each consist of 5 members. Each
board of trustees shall be created for the government, control
and management of the affairs and business of each sanitary
district organized under this Act shall be created in the
following manner:
        (1) If the district is located wholly within a single
    county, the presiding officer of the county board, with the
    advice and consent of the county board, shall appoint the
    trustees for the district;
        (2) If the district is located in more than one county,
    the members of the General Assembly whose legislative
    districts encompass any portion of the district shall
    appoint the trustees for the district.
    In any sanitary district which shall have a 3 member board
of trustees, within 60 days after the adoption of such act, the
appropriate appointing authority shall appoint three trustees
not more than 2 of whom shall be from one incorporated city,
town or village in districts in which are included 2 or more
incorporated cities, towns or villages, or parts of 2 or more
incorporated cities, towns or villages, who shall hold their
office respectively for 1, 2 and 3 years, from the first Monday
of May next after their appointment and until their successors
are appointed and have qualified, and thereafter on or before
the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee whose term shall
be for 3 years commencing the first Monday in May of the year
in which he is appointed. The length of the term of the first
trustees shall be determined by lot at their first meeting.
    In the case of any sanitary district created after January
1, 1978 in which a 5 member board of trustees is required, the
appropriate appointing authority shall appoint 5 trustees, one
of whom shall hold office for one year, two of whom shall hold
office for 2 years, and 2 of whom shall hold office for 3 years
from the first Monday of May next after their respective
appointments and until their successors are appointed and have
qualified. Thereafter, on or before the second Monday in April
of each year the appropriate appointing authority shall appoint
one trustee or 2 trustees, as shall be necessary to maintain a
5 member board of trustees, whose terms shall be for 3 years
commencing the first Monday in May of the year in which they
are respectively appointed. The length of the terms of the
first trustees shall be determined by lot at their first
meeting.
    In any sanitary district created prior to January 1, 1978
in which a 5 member board of trustees is required as of January
1, 1978, the two trustees already serving terms which do not
expire on May 1, 1978 shall continue to hold office for the
remainders of their respective terms, and 3 trustees shall be
appointed by the appropriate appointing authority by April 10,
1978 and shall hold office for terms beginning May 1, 1978. Of
the three new trustees, one shall hold office for 2 years and 2
shall hold office for 3 years from May 1, 1978 and until their
successors are appointed and have qualified. Thereafter, on or
before the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee or 2 trustees,
as shall be necessary to maintain a 5 member board of trustees,
whose terms shall be for 3 years commencing the first Monday in
May of the year in which they are respectively appointed. The
lengths of the terms of the trustees who are to hold office
beginning May 1, 1978 shall be determined by lot at their first
meeting after May 1, 1978.
    No more than 3 members of a 5 member board of trustees may
be of the same political party; except that in any sanitary
district which otherwise meets the requirements of this Section
and which lies within 4 counties of the State of Illinois or,
prior to April 30, 2008, in the Fox River Water Reclamation
District; the appointments of the 5 members of the board of
trustees shall be made without regard to political party.
Beginning with the appointments made on April 30, 2008, all
appointments to the board of trustees of the Fox River Water
Reclamation District shall be made so that no more than 3 of
the 5 members are from the same political party.
    Within 60 days after the release of Federal census
statistics showing that a sanitary district having a 3 member
board of trustees contains one or more municipalities with a
population over 90,000 but less than 500,000, or, for the
Northern Moraine Wastewater Reclamation District, within 60
days after the effective date of this amendatory Act of the
95th General Assembly, the appropriate appointing authority
shall appoint 2 additional trustees to the board of trustees,
one to hold office for 2 years and one to hold office for 3
years from the first Monday of May next after their appointment
and until their successors are appointed and have qualified.
The lengths of the terms of these two additional members shall
be determined by lot at the first meeting of the board of
trustees held after the additional members take office. The
three trustees already holding office in the sanitary district
shall continue to hold office for the remainders of their
respective terms. Thereafter, on or before the second Monday in
April of each year the appropriate appointing authority shall
appoint one trustee or 2 trustees, as shall be necessary to
maintain a 5 member board of trustees, whose terms shall be for
3 years commencing the first Monday in May of the year in which
they are respectively appointed.
    If any sanitary district having a 5 member board of
trustees shall cease to contain one or more municipalities with
a population over 90,000 but less than 500,000 according to the
most recent Federal census, then, for so long as that sanitary
district does not contain one or more such municipalities, on
or before the second Monday in April of each year the
appropriate appointing authority shall appoint one trustee
whose term shall be for 3 years commencing the first Monday in
May of the year in which he is appointed. In districts which
include 2 or more incorporated cities, towns, or villages, or
parts of 2 or more incorporated cities, towns, or villages, all
of the trustees shall not be from one incorporated city, town
or village.
    If a vacancy occurs on any board of trustees, the
appropriate appointing authority shall within 60 days appoint a
trustee who shall hold office for the remainder of the vacated
term.
    The appointing authority shall require each of the trustees
to enter into bond, with security to be approved by the
appointing authority, in such sum as the appointing authority
may determine.
    A majority of the board of trustees shall constitute a
quorum but a smaller number may adjourn from day to day. No
trustee or employee of such district shall be directly or
indirectly interested in any contract, work or business of the
district, or the sale of any article, the expense, price or
consideration of which is paid by such district; nor in the
purchase of any real estate or property belonging to the
district, or which shall be sold for taxes or assessments, or
by virtue of legal process at the suit of the district.
Provided, that nothing herein shall be construed as prohibiting
the appointment or selection of any person as trustee or
employee whose only interest in the district is as owner of
real estate in the district or of contributing to the payment
of taxes levied by the district. The trustees shall have the
power to provide and adopt a corporate seal for the district.
    Notwithstanding any other provision in this Section, in any
sanitary district created prior to the effective date of this
amendatory Act of 1985, in which a five member board of
trustees has been appointed and which currently includes one or
more municipalities with a population of over 90,000 but less
than 500,000, the board of trustees shall consist of five
members.
    Except as otherwise provided for vacancies, in the event
that the appropriate appointing authority fails to appoint a
trustee under this Section, the appropriate appointing
authority shall reconvene and appoint a successor on or before
July 1 of that year.
(Source: P.A. 95-608, eff. 9-11-07; 96-1065, eff. 7-16-10.)