95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0140

 

Introduced 1/19/2007, by Rep. Mark H. Beaubien, Jr.

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2405/3   from Ch. 42, par. 301

    Amends the Sanitary District Act of 1917. Provides that the Northern Moraine Wastewater Reclamation District shall be governed by a 5-member board of trustees (instead of a 3-member board). Provides for the appointment and terms of the additional members. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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. A board of trustees shall be created, consisting of
8 5 members in any sanitary district which includes one or more
9 municipalities with a population of over 90,000 but less than
10 500,000 according to the most recent Federal census, and
11 consisting of 3 members in any other district. However, the
12 board of trustees for the Fox River Water Reclamation District
13 and for the Northern Moraine Wastewater Reclamation District
14 the board of trustees shall each consist of 5 members. Each
15 board of trustees shall be created for the government, control
16 and management of the affairs and business of each sanitary
17 district organized under this Act shall be created in the
18 following manner:
19         (1) If the district is located wholly within a single
20     county, the presiding officer of the county board, with the
21     advice and consent of the county board, shall appoint the
22     trustees for the district;
23         (2) If the district is located in more than one county,

 

 

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1     the members of the General Assembly whose legislative
2     districts encompass any portion of the district shall
3     appoint the trustees for the district.
4     In any sanitary district which shall have a 3 member board
5 of trustees, within 60 days after the adoption of such act, the
6 appropriate appointing authority shall appoint three trustees
7 not more than 2 of whom shall be from one incorporated city,
8 town or village in districts in which are included 2 or more
9 incorporated cities, towns or villages, or parts of 2 or more
10 incorporated cities, towns or villages, who shall hold their
11 office respectively for 1, 2 and 3 years, from the first Monday
12 of May next after their appointment and until their successors
13 are appointed and have qualified, and thereafter on or before
14 the second Monday in April of each year the appropriate
15 appointing authority shall appoint one trustee whose term shall
16 be for 3 years commencing the first Monday in May of the year
17 in which he is appointed. The length of the term of the first
18 trustees shall be determined by lot at their first meeting.
19     In the case of any sanitary district created after January
20 1, 1978 in which a 5 member board of trustees is required, the
21 appropriate appointing authority shall appoint 5 trustees, one
22 of whom shall hold office for one year, two of whom shall hold
23 office for 2 years, and 2 of whom shall hold office for 3 years
24 from the first Monday of May next after their respective
25 appointments and until their successors are appointed and have
26 qualified. Thereafter, on or before the second Monday in April

 

 

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1 of each year the appropriate appointing authority shall appoint
2 one trustee or 2 trustees, as shall be necessary to maintain a
3 5 member board of trustees, whose terms shall be for 3 years
4 commencing the first Monday in May of the year in which they
5 are respectively appointed. The length of the terms of the
6 first trustees shall be determined by lot at their first
7 meeting.
8     In any sanitary district created prior to January 1, 1978
9 in which a 5 member board of trustees is required as of January
10 1, 1978, the two trustees already serving terms which do not
11 expire on May 1, 1978 shall continue to hold office for the
12 remainders of their respective terms, and 3 trustees shall be
13 appointed by the appropriate appointing authority by April 10,
14 1978 and shall hold office for terms beginning May 1, 1978. Of
15 the three new trustees, one shall hold office for 2 years and 2
16 shall hold office for 3 years from May 1, 1978 and until their
17 successors are appointed and have qualified. Thereafter, on or
18 before the second Monday in April of each year the appropriate
19 appointing authority shall appoint one trustee or 2 trustees,
20 as shall be necessary to maintain a 5 member board of trustees,
21 whose terms shall be for 3 years commencing the first Monday in
22 May of the year in which they are respectively appointed. The
23 lengths of the terms of the trustees who are to hold office
24 beginning May 1, 1978 shall be determined by lot at their first
25 meeting after May 1, 1978.
26     No more than 3 members of a 5 member board of trustees may

 

 

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1 be of the same political party; except that in any sanitary
2 district which otherwise meets the requirements of this Section
3 and which lies within 4 counties of the State of Illinois or in
4 the Fox River Water Reclamation District; the appointments of
5 the 5 members of the board of trustees shall be made without
6 regard to political party.
7     Within 60 days after the release of Federal census
8 statistics showing that a sanitary district having a 3 member
9 board of trustees contains one or more municipalities with a
10 population over 90,000 but less than 500,000, or, for the
11 Northern Moraine Wastewater Reclamation District, within 60
12 days after the effective date of this amendatory Act of the
13 95th General Assembly, the appropriate appointing authority
14 shall appoint 2 additional trustees to the board of trustees,
15 one to hold office for 2 years and one to hold office for 3
16 years from the first Monday of May next after their appointment
17 and until their successors are appointed and have qualified.
18 The lengths of the terms of these two additional members shall
19 be determined by lot at the first meeting of the board of
20 trustees held after the additional members take office. The
21 three trustees already holding office in the sanitary district
22 shall continue to hold office for the remainders of their
23 respective terms. Thereafter, on or before the second Monday in
24 April of each year the appropriate appointing authority shall
25 appoint one trustee or 2 trustees, as shall be necessary to
26 maintain a 5 member board of trustees, whose terms shall be for

 

 

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1 3 years commencing the first Monday in May of the year in which
2 they are respectively appointed.
3     If any sanitary district having a 5 member board of
4 trustees shall cease to contain one or more municipalities with
5 a population over 90,000 but less than 500,000 according to the
6 most recent Federal census, then, for so long as that sanitary
7 district does not contain one or more such municipalities, on
8 or before the second Monday in April of each year the
9 appropriate appointing authority shall appoint one trustee
10 whose term shall be for 3 years commencing the first Monday in
11 May of the year in which he is appointed. In districts which
12 include 2 or more incorporated cities, towns, or villages, or
13 parts of 2 or more incorporated cities, towns, or villages, all
14 of the trustees shall not be from one incorporated city, town
15 or village.
16     If a vacancy occurs on any board of trustees, the
17 appropriate appointing authority shall within 60 days appoint a
18 trustee who shall hold office for the remainder of the vacated
19 term.
20     The appointing authority shall require each of the trustees
21 to enter into bond, with security to be approved by the
22 appointing authority, in such sum as the appointing authority
23 may determine.
24     A majority of the board of trustees shall constitute a
25 quorum but a smaller number may adjourn from day to day. No
26 trustee or employee of such district shall be directly or

 

 

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1 indirectly interested in any contract, work or business of the
2 district, or the sale of any article, the expense, price or
3 consideration of which is paid by such district; nor in the
4 purchase of any real estate or property belonging to the
5 district, or which shall be sold for taxes or assessments, or
6 by virtue of legal process at the suit of the district.
7 Provided, that nothing herein shall be construed as prohibiting
8 the appointment or selection of any person as trustee or
9 employee whose only interest in the district is as owner of
10 real estate in the district or of contributing to the payment
11 of taxes levied by the district. The trustees shall have the
12 power to provide and adopt a corporate seal for the district.
13     Notwithstanding any other provision in this Section, in any
14 sanitary district created prior to the effective date of this
15 amendatory Act of 1985, in which a five member board of
16 trustees has been appointed and which currently includes one or
17 more municipalities with a population of over 90,000 but less
18 than 500,000, the board of trustees shall consist of five
19 members.
20 (Source: P.A. 91-547, eff. 8-14-99.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.