SB1951 94TH GENERAL ASSEMBLY

LRB094 11446 AJO 42366 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1951

Introduced 2/25/2005, by Sen. John O. Jones

SYNOPSIS AS INTRODUCED:

10 ILCS 5/2A-1.2	from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-35.5 new
70 ILCS 2105/4a	from Ch. 42, par. 386a
70 ILCS 2105/4b	from Ch. 42, par. 386b
70 ILCS 2105/5	from Ch. 42, par. 387

Amends the River Conservancy Districts Act and the Election Code. Provides for election, rather than appointment, of 7 trustees in certain districts that encompass 2 counties and have at least 3 municipalities each with a population of 5,000 or more. Provides for their nonpartisan election at the election in 2006 and at each subsequent consolidated election. Effective immediately.

A BILL FOR

AN ACT in relation to river conservancy districts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 2A-1.2 and adding Section 2A-35.5 as follows:

(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)

Sec. 2A-1.2. Consolidated Schedule of Elections - Offices Designated.

(a) At the general election in the appropriate even-numbered years, the following offices shall be filled or shall be on the ballot as otherwise required by this Code:

(1) Elector of President and Vice President of the United States;

(2) United States Senator and United States Representative;

(3) State Executive Branch elected officers;

(4) State Senator and State Representative;

(5) County elected officers, including State's Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive;

(6) Circuit Court Clerk;

(7) Regional Superintendent of Schools, except in counties or educational service regions in which that office has been abolished;

(8) Judges of the Supreme, Appellate and Circuit Courts, on the question of retention, to fill vacancies and newly created judicial offices;

(9) (Blank);

(10) Trustee of the Metropolitan Sanitary District of Chicago, and elected Trustee of other Sanitary Districts;

(11) Special District elected officers, not otherwise designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties.

(b) At the general primary election:

(1) in each even-numbered year candidates of political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.

(2) in the appropriate even-numbered years the political party offices of State central committeeman, township committeeman, ward committeeman, and precinct committeeman shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.

(3) in each even-numbered year, where the municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.

(4) in each school district which has adopted the provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.

(c) At the consolidated election in the appropriate odd-numbered years, the following offices shall be filled:

(1) Municipal officers, provided that in municipalities in which candidates for alderman or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;

(2) Village and incorporated town library directors;

(3) City boards of stadium commissioners;

(4) Commissioners of park districts;

(5) Trustees of public library districts;

(6) Special District elected officers, not otherwise designated in this section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;

(7) Township officers, including township park commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;

(8) Highway commissioners and road district clerks;

(9) Members of school boards in school districts which adopt Article 33 of the School Code;

(10) The directors and chairman of the Chain O Lakes - Fox River Waterway Management Agency;

(11) Forest preserve district commissioners elected under Section 3.5 of the Downstate Forest Preserve District Act;

(12) Elected members of school boards, school trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code;

(13) Members of Community College district boards;

(14) Trustees of Fire Protection Districts;

(15) Commissioners of the Springfield Metropolitan Exposition and Auditorium Authority;

(16) Elected Trustees of Tuberculosis Sanitarium Districts;

(16.5) Elected Trustees of River Conservancy Districts;

(17) Elected Officers of special districts not otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.

(d) At the consolidated primary election in each odd-numbered year, candidates of political parties shall be nominated for those offices to be filled at the consolidated election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus, and except those offices listed in paragraphs (12) through (17) of subsection (c).

At the consolidated primary election in the appropriate odd-numbered years, the mayor, clerk, treasurer, and aldermen shall be elected in municipalities in which candidates for mayor, clerk, treasurer, or alderman are not permitted by law to be candidates of political parties, subject to runoff elections to be held at the consolidated election as may be required by law, and municipal officers shall be nominated in a nonpartisan election in municipalities in which pursuant to law candidates for such office are not permitted to be candidates of political parties.

At the consolidated primary election in the appropriate odd-numbered years, municipal officers shall be nominated or elected, or elected subject to a runoff, as may be provided by an ordinance providing a form of government of the municipality pursuant to Section 7 of Article VII of the Constitution.

(e) (Blank).

(f) At any election established in Section 2A-1.1, public questions may be submitted to voters pursuant to this Code and any special election otherwise required or authorized by law or by court order may be conducted pursuant to this Code.

Notwithstanding the regular dates for election of officers established in this Article, whenever a referendum is held for the establishment of a political subdivision whose officers are to be elected, the initial officers shall be elected at the election at which such referendum is held if otherwise so provided by law. In such cases, the election of the initial officers shall be subject to the referendum.

Notwithstanding the regular dates for election of officials established in this Article, any community college district which becomes effective by operation of law pursuant to Section 6-6.1 of the Public Community College Act, as now or hereafter amended, shall elect the initial district board members at the next regularly scheduled election following the effective date of the new district.

(g) At any election established in Section 2A-1.1, if in any precinct there are no offices or public questions required to be on the ballot under this Code then no election shall be held in the precinct on that date.

(h) There may be conducted a referendum in accordance with the provisions of Division 6-4 of the Counties Code.

(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626, eff. 8-9-96; 90-358, eff. 1-1-98.)

(10 ILCS 5/2A-35.5 new)

Sec. 2A-35.5. River conservancy district; trustees; time of election. Trustees of a river conservancy district that elects its trustees shall be elected at the election in 2006 and at each consolidated election thereafter.

Section 10. The River Conservancy Districts Act is amended by changing Sections 4a, 4b, and 5 as follows:

(70 ILCS 2105/4a) (from Ch. 42, par. 386a)

Sec. 4a. Every conservancy district so established shall be governed by a board of trustees. In the statement finding the results of the election to be favorable to the establishment of the district, the circuit court shall determine and name each municipality within the district having 5,000 or more population according to the last preceding federal census.

(1) If in any district, on or after the effective date of this amendatory Act of the 94th General Assembly, there is wholly contained within it 2 counties, in which district there are at least 3 municipalities each having a population of 5,000 or more within the district, the board shall consist of trustees elected from the district as follows:

(a) The number of trustees elected in any district described in subsection (1) shall be 7. Of the trustees elected in any district described in subsection (1), 4 trustees shall be residents of and elected by the voters of Franklin County and 3 trustees shall be residents of and elected by the voters of Jefferson County.

(b) Should any trustee become a resident of any county other than the county in which he or she was elected, then the office of that trustee shall be deemed vacated and shall be filled by appointment for the remainder of the term as provided in this Act.

(c) Candidates for trustee in any district described in subsection (1) shall be nominated in the same manner and form as prescribed by the general election law, except that (i) no party name or affiliation may appear on any nominating petition, (ii) each nominating petition shall contain the candidate's residence address which must include the candidate's county of residence, and (iii) nomination of candidates for the election of trustees in any district described in subsection (1) shall be made by petition signed for each candidate by not less than 100 qualified voters who shall reside within the county in which the candidate seeks election. Candidates for election as trustees shall, unless otherwise provided in this amendatory Act of the 94th General Assembly, file nomination petitions in the manner and at the time prescribed by the general election law.

At all elections for trustee or trustees held under this Section the ballot shall disclose the number of candidates to be elected. The candidates names shall appear on the ballot in the order in which the nomination petitions are filed beginning with the first petition to be filed. The candidates receiving the highest and second highest number of votes within each county at each election shall be declared elected, except that the candidates receiving the 4 highest numbers of votes within each county at the initial election after this amendatory Act of the 94th General Assembly shall be declared elected.

(d) Trustees from any district described in subsection (1) shall be elected initially on the date of the election in 2006, and the trustees initially elected from any such district shall meet within 21 days after the election and determine by lot the terms for which they each shall serve. Of the trustees initially elected in any such district, 2 from each county shall each serve for 4 years and the remainder from each county shall each serve for 2 years. At each election thereafter each trustee elected to succeed a trustee whose term expires shall hold office for a term of 4 years. The term of office of each trustee elected under this Section shall commence on the 1st Monday of the month following the month of that trustee's election, and each trustee shall serve until her or his successor is elected and has qualified.

Appointed trustees incumbent in any district described in subsection (1) on the effective date of this amendatory Act of the 94th General Assembly shall continue to constitute the board of trustees in that district until the 1st Monday in May following the initial election of trustees in that district, at which time the terms of all those appointed trustees shall terminate; provided that if the term of any appointed incumbent trustee expires, or if a vacancy in the office of any appointed trustee occurs after the effective date of this amendatory Act of the 94th General Assembly but before the date of the initial election of trustees in that district, the authority which originally appointed that trustee under any succeeding subsection of this Section shall appoint a successor trustee to serve until the 1st Monday in May following the initial election of trustees in that district, at which time the term of that appointed successor trustee shall terminate.

(e) Except as provided in paragraph (d) of subsection (1) of this Section relative to filling a vacancy in the office of an appointed trustee if the vacancy occurs before the date of the initial election of trustees in the district, whenever a vacancy in the board of trustees in any district occurs, either by death, resignation, failure to qualify, change of residence as provided in paragraph (b) of subsection (1) of this Section or for any other reason, a majority of the remaining members of the board shall fill the vacancy by appointment. The person so appointed shall qualify for office in the manner provided in this Section and shall thereupon assume the duties of the office for the unexpired term to which the person was appointed.

(2) Except in those river conservancy districts in which trustees are required to be elected as provided in subsection (1) of this Section, if (1) In case there is one or more municipalities having a population of 5,000 or more within a river conservancy the district, the trustees shall be appointed as follows:

(a) In districts organized prior to July 1, 1961, where there is only one such municipality, 3 trustees shall be appointed from such municipality, and one trustee shall be appointed from the area within the district outside of such municipality, and one trustee shall be appointed at large. In districts organized on and after July 1, 1961, where there is only one such municipality one trustee shall be appointed from such municipality, and one trustee shall be appointed from each county in the district, except that where the district is wholly contained within a single county, one trustee shall be appointed from that county and one additional trustee shall be appointed from the municipality, and, in any case, 2 trustees shall be appointed at large. A trustee appointed from a county in the district shall be appointed from the area outside any such municipality. If the district is located wholly within the corporate limits of such municipality, 3 of the trustees of the district shall be appointed from such municipality, and 2 trustees shall be appointed at large. In a district wholly contained within a single county of between 60,500 and 70,000 population and having no more than one municipality of 5,000 or more population, regardless of the date of organization, 3 trustees shall be appointed from that municipality, 2 trustees shall be appointed from the district outside that municipality, and 2 trustees shall be appointed at large. No more than 2 appointments by each appointing authority may be from the same political party.

(b) Where there are 2 or more such municipalities, one trustee shall be appointed from each such municipality, one trustee shall be appointed from each county in the district for each 50,000 population or part thereof within the district in such county according to the last preceding federal census, and 2 trustees shall be appointed at large. A trustee appointed from a county in the district shall be appointed from the area outside any such municipality. If the district is located wholly within the corporate limits of such municipalities, 2 trustees shall be appointed from the one of such municipalities having the largest population, and one trustee shall be appointed from each of the other such municipalities, and 2 trustees shall be appointed at large.

(c) Trustees representing the area within the district located outside of any municipality having 5,000 or more population and trustees appointed at large when the district is wholly contained within a single county shall be appointed by the presiding officer of the county board with the advice and consent of the county board and any trustee representing the area within any such municipality shall be appointed by its presiding officer. If however the district is located in more than one county, any trustee representing the area within a district located outside of any municipality having 5,000 or more population and any trustee at large shall be appointed by a majority vote of the presiding officers of the county boards of the counties which encompass any part of the district, except that no such appointment shall affect the term of any trustee in office on the effective date of this amendatory Act of 1977. Any trustee representing the area within any such municipality shall be appointed by its presiding officer.

(d) A trustee representing the area within any such municipality shall reside within its corporate limits. A trustee representing the area within the district and located outside of any such municipality shall reside within such area. A trustee appointed at large may reside either within or without any such municipality but must reside within the territory of the district. Should any trustee cease to reside within that part of the territory he represents, then his office shall be deemed vacated, and shall be filled by appointment for the remainder of the term as hereinafter provided.

(3) Except in those river conservancy districts in which trustees are required to be elected as provided in subsection (1) of this Section, if (2) In case there are no municipalities having a population of 5,000 or more within a river conservancy such district located wholly within a single county, the statement required by Section 1 shall include such finding, and in such case the Board shall consist of 5 trustees who shall be appointed at large by the presiding officer of the county board with the advice and consent of the county board. If however the district is located in more than one county, the trustees at large shall be appointed by a majority vote of the presiding officers of the county boards of the counties which encompass any portion of the district, but any trustee in office on the effective date of this amendatory Act of 1977 shall be permitted to serve out the remainder of his term. Each such trustee shall reside within the district and shall continue to reside therein.

(4) Except in those river conservancy districts in which trustees are required to be elected as provided in subsection (1) of this Section, all (3) All initial appointments of trustees shall be made within 60 days after the determination of the result of the organizational election. Each appointment shall be in writing and shall be filed and made a matter of record in the office of the county clerk wherein the organization proceedings were filed. A trustee shall qualify within 10 days after appointment by acceptance and the taking of the constitutional oath of office, both to be in writing and similarly filed for record in the office of such county clerk. Members initially appointed to the board of trustees of such district shall serve from date of appointment for 1, 2, 3, 4 and 5 years and shall draw lots to determine the periods for which they each shall serve. In case there are more than 5 trustees, lots shall be drawn so that 5 trustees shall serve initial terms of 1, 2, 3, 4 and 5 years and the other trustees shall serve terms of 1, 2, 3, 4 or 5 years as the number of trustees shall require and the drawing of lots shall determine. The successors of all such initial members of the board of trustees of a river conservancy district shall serve for terms of 5 years, all such appointments and appointments to fill vacancies shall be made in like manner as in the case of the initial trustees. A trustee having been duly appointed shall continue to serve after the expiration of his term until his successor has been appointed. Each trustee initially appointed in accordance with this amendatory Act of 1995 shall serve a term of 3 or 5 years as determined by lot.

(5) Except in those river conservancy districts in which trustees are required to be elected as provided in subsection (1) of this Section, (4) should a municipality which is wholly within a district attain, or should such a municipality be established, having a population of 5,000 or more after the entry of the statement by the circuit court, the presiding officer of such municipality may petition the circuit court of the county in which such municipality lies for an order finding and determining the population of such municipality and, if it is found and determined upon the hearing of such petition that the population of such municipality is 5,000 or more, the board of trustees of such district as previously established shall be increased by one trustee who shall reside within the corporate limits of such municipality and shall be appointed by its presiding officer. The initial trustee so appointed shall serve for a term of 1, 2, 3, 4 or 5 years, as may be determined by lot, and his successors shall be similarly appointed and shall serve for terms of 5 years. All provisions of this Section applicable to trustees representing municipal areas shall apply to any such trustee, including paragraph (6) 5.

(6) Except in those river conservancy districts in which trustees are required to be elected as provided in subsection (1) of this Section, (5) should the foregoing provisions respecting the appointment of trustees representing the area within any municipality of 5,000 or more population be invalid when applied to any situation, then as to such situation any such provision shall be deemed to be excised from this Act, and the trustee whose appointment is thus affected shall be appointed at large by the presiding officer of the county board with the advice and consent of the county board except if the district embraces more than one county in which case the trustees shall be appointed at large by a majority vote of the presiding officers of the county boards of the counties which encompass any portion of the district.

(Source: P.A. 89-148, eff. 1-1-96.)

(70 ILCS 2105/4b) (from Ch. 42, par. 386b)

Sec. 4b. Each trustee of the river conservancy district required to be elected as provided in subsection (1) of Section 4a of this Act shall enter into bond to be approved by the resident circuit judge of the county that contains all or the largest portion in area of the district, in the sum as the circuit judge may determine. Each of the trustees of a river conservancy district which has an appointed board of trustees shall enter into bond with security to be approved by the appointing authority in such sum as the appointing authority may determine. The bond shall be held in a bank or trust company, qualified to do business in the State of Illinois, located in the district.

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 financially in any contract work or business or the sale of any article, the expense, price or consideration of which is paid by said district; nor in the purchase of any real estate or other property belonging to the district, or which shall be sold for taxes or assessments or by virtue of legal process at the suit of said 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 said district is as an owner of real estate in said conservancy district or of contributing to the payment of taxes levied by said district.

(Source: P.A. 77-681.)

(70 ILCS 2105/5) (from Ch. 42, par. 387)

Sec. 5. Except as otherwise provided in paragraphs (d) and (f) of subsection (1) of Section 4a of this Act, whenever a vacancy in said board of trustees occurs, either by death, resignation, refusal to qualify or for any other reason, the appropriate appointing authority may fill such vacancy by appointment; and such person, so appointed shall qualify for office in the manner hereinbefore stated and shall thereupon assume the duties of the office for the unexpired term to which such person was appointed.

(Source: P.A. 77-681.)

Section 99. Effective date. This Act takes effect upon becoming law.