Rep. John E. Bradley
Filed: 4/18/2007
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1 | AMENDMENT TO HOUSE BILL 2315
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2 | AMENDMENT NO. ______. Amend House Bill 2315 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The River Conservancy Districts Act is amended | ||||||
5 | by changing Section 4a as follows:
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6 | (70 ILCS 2105/4a) (from Ch. 42, par. 386a)
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7 | Sec. 4a. Every conservancy district so established shall be
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8 | governed by a board of trustees. In the statement finding the | ||||||
9 | results
of the election to be favorable to the establishment of | ||||||
10 | the district,
the circuit court shall determine and name each | ||||||
11 | municipality within the
district having 5,000 or more | ||||||
12 | population according to the last preceding
federal census.
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13 | (1) In case there is one or more municipalities having a | ||||||
14 | population
of 5,000 or more within the district, the trustees | ||||||
15 | shall be appointed as
follows:
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16 | (a) In districts organized prior to July 1, 1961, where |
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1 | there is
only one such municipality, 3 trustees shall be | ||||||
2 | appointed from such
municipality, and one trustee shall be | ||||||
3 | appointed from the area within
the district outside of such | ||||||
4 | municipality, and one trustee shall be
appointed at large. | ||||||
5 | In districts organized on and after July 1, 1961,
where | ||||||
6 | there is only one such municipality one trustee shall be | ||||||
7 | appointed
from such municipality, and one trustee shall be | ||||||
8 | appointed from each
county in the district, except that | ||||||
9 | where
the district is wholly contained within a single | ||||||
10 | county, one trustee shall
be appointed from that county and | ||||||
11 | one additional trustee shall be appointed
from the | ||||||
12 | municipality, and, in any case, 2 trustees shall be
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13 | appointed at large. A trustee appointed from a county in | ||||||
14 | the district
shall be appointed from the area outside any | ||||||
15 | such
municipality. If the district is located wholly within | ||||||
16 | the corporate
limits of such municipality, 3 of the | ||||||
17 | trustees of the district shall be
appointed from such | ||||||
18 | municipality, and 2 trustees shall be appointed at
large. | ||||||
19 | In a district wholly contained within a single county of | ||||||
20 | between
60,500 and 70,000 population and having no more | ||||||
21 | than one municipality of 5,000
or more population, | ||||||
22 | regardless of the date of organization, 3 trustees shall be
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23 | appointed from that municipality, 2 trustees shall be | ||||||
24 | appointed from the
district outside that municipality, and | ||||||
25 | 2 trustees shall be appointed at
large. No more than 2 | ||||||
26 | appointments by each appointing authority may be from the
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1 | same political party.
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2 | (b) Where there are 2 or more such municipalities, one | ||||||
3 | trustee shall
be appointed from each such municipality, one | ||||||
4 | trustee shall be appointed
from each county in the district | ||||||
5 | for each 50,000 population or part
thereof within the | ||||||
6 | district in such county according to the last
preceding | ||||||
7 | federal census, and 2 trustees shall be appointed at large. | ||||||
8 | A
trustee appointed from a county in the district shall be | ||||||
9 | appointed from
the area outside any such municipality. If | ||||||
10 | the district is located
wholly within the corporate limits | ||||||
11 | of such municipalities, 2 trustees
shall be appointed from | ||||||
12 | the one of such municipalities having the
largest | ||||||
13 | population, and one trustee shall be appointed from each of | ||||||
14 | the
other such municipalities, and 2 trustees shall be | ||||||
15 | appointed at large.
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16 | (c) Trustees representing the area within the district | ||||||
17 | located
outside of any municipality having 5,000 or more | ||||||
18 | population and trustees
appointed at large when the | ||||||
19 | district is wholly contained within a single
county shall | ||||||
20 | be appointed by the presiding officer of the county board
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21 | with the advice and consent of the county board and any | ||||||
22 | trustee
representing the area within any such municipality | ||||||
23 | shall be appointed by
its presiding officer. If however the | ||||||
24 | district is located in more than
one county, any trustee | ||||||
25 | representing the area within a district located
outside of | ||||||
26 | any municipality having 5,000 or more population and any
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1 | trustee at large shall be appointed by a majority vote of | ||||||
2 | the presiding
officers of the county boards of the counties | ||||||
3 | which encompass any part
of the district, except that no | ||||||
4 | such appointment shall affect the term
of any trustee in | ||||||
5 | office on the effective date of this amendatory Act of
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6 | 1977. Any trustee representing the area within any such | ||||||
7 | municipality
shall be appointed by its presiding officer.
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8 | (d) A trustee representing the area within any such | ||||||
9 | municipality
shall reside within its corporate limits. A | ||||||
10 | trustee representing the
area within the district and | ||||||
11 | located outside of any such municipality
shall reside | ||||||
12 | within such area. A trustee appointed at large may reside
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13 | either within or without any such municipality but must | ||||||
14 | reside within
the territory of the district. Should any | ||||||
15 | trustee cease to reside
within that part of the territory | ||||||
16 | he represents, then his office shall
be deemed vacated, and | ||||||
17 | shall be filled by appointment for the remainder
of the | ||||||
18 | term as hereinafter provided.
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19 | (2) In case there are no municipalities having a population | ||||||
20 | of 5,000
or more within such district located wholly within a | ||||||
21 | single county, the
statement required by Section 1 shall | ||||||
22 | include such finding, and in such
case the Board shall consist | ||||||
23 | of 5 trustees who shall be appointed at
large by the presiding | ||||||
24 | officer of the county board with the advice and
consent of the | ||||||
25 | county board. If however the district is located in more
than | ||||||
26 | one county, the trustees at large shall be appointed by a |
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1 | majority
vote of the presiding officers of the county boards of | ||||||
2 | the counties
which encompass any portion of the district, but | ||||||
3 | any trustee in office
on the effective date of this amendatory | ||||||
4 | Act of 1977 shall be permitted
to serve out the remainder of | ||||||
5 | his term. Each such trustee shall reside
within the district | ||||||
6 | and shall continue to reside therein.
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7 | (3) All initial appointments of trustees shall be made | ||||||
8 | within 60
days after the determination of the result of the | ||||||
9 | election. Each
appointment shall be in writing and shall be | ||||||
10 | filed and made a matter of
record in the office of the county | ||||||
11 | clerk wherein the organization
proceedings were filed. A | ||||||
12 | trustee shall qualify within 10 days after
appointment by | ||||||
13 | acceptance and the taking of the constitutional oath of
office, | ||||||
14 | both to be in writing and similarly filed for record in the
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15 | office of such county clerk. Members initially appointed to the | ||||||
16 | board
of trustees of such district shall serve from date of | ||||||
17 | appointment for 1,
2, 3, 4 and 5 years and shall draw lots to | ||||||
18 | determine the periods for
which they each shall serve. In case | ||||||
19 | there are more than 5 trustees,
lots shall be drawn so that 5 | ||||||
20 | trustees shall serve initial terms of 1,
2, 3, 4 and 5 years | ||||||
21 | and the other trustees shall serve terms of 1, 2, 3,
4 or 5 | ||||||
22 | years as the number of trustees shall require and the drawing | ||||||
23 | of
lots shall determine. The successors of all such initial | ||||||
24 | members of the
board of trustees of a river conservancy | ||||||
25 | district shall serve for terms
of 5 years, all such | ||||||
26 | appointments and appointments to fill vacancies
shall be made |
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1 | in like manner as in the case of the initial trustees. A
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2 | trustee having been duly appointed shall continue to serve | ||||||
3 | after the
expiration of his term until his successor has been | ||||||
4 | appointed.
Each trustee initially appointed in accordance with | ||||||
5 | this amendatory Act of
1995 shall serve a term of 3 or 5 years | ||||||
6 | as determined by lot.
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7 | (4) Should a municipality which is wholly within a district | ||||||
8 | attain,
or should such a municipality be established, having a | ||||||
9 | population of
5,000 or more after the entry of the statement by | ||||||
10 | the circuit court, the
presiding officer of such municipality | ||||||
11 | may petition the circuit court of
the county in which such | ||||||
12 | municipality lies for an order finding and
determining the | ||||||
13 | population of such municipality and, if it is found and
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14 | determined upon the hearing of such petition that the | ||||||
15 | population of such
municipality is 5,000 or more, the board of | ||||||
16 | trustees of such district as
previously established shall be | ||||||
17 | increased by one trustee who shall
reside within the corporate | ||||||
18 | limits of such municipality and shall be
appointed by its | ||||||
19 | presiding officer. The initial trustee so appointed
shall serve | ||||||
20 | for a term of 1, 2, 3, 4 or 5 years, as may be determined by
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21 | lot, and his successors shall be similarly appointed and shall | ||||||
22 | serve for
terms of 5 years. All provisions of this Section | ||||||
23 | applicable to trustees
representing municipal areas shall | ||||||
24 | apply to any such trustee, including
paragraph 5.
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25 | (5) Should the foregoing provisions respecting the | ||||||
26 | appointment of
trustees representing the area within any |
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1 | municipality of 5,000 or more
population be invalid when | ||||||
2 | applied to any situation, then as to such
situation any such | ||||||
3 | provision shall be deemed to be excised from this
Act, and the | ||||||
4 | trustee whose appointment is thus affected shall be
appointed | ||||||
5 | at large by the presiding officer of the county board with the
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6 | advice and consent of the county board except if the district | ||||||
7 | embraces
more than one county in which case the trustees shall | ||||||
8 | be appointed at
large by a majority vote of the presiding | ||||||
9 | officers of the county boards
of the counties which encompass | ||||||
10 | any portion of the district. | ||||||
11 | (6) In the case of a board representing a district that | ||||||
12 | embraces Franklin and Jefferson counties, a trustee may be | ||||||
13 | removed for incompetence, neglect of duty, or malfeasance in | ||||||
14 | office by the appropriate appointing presiding officer or | ||||||
15 | officers, without the advice and consent of the corporate | ||||||
16 | authorities, by filing a written order of removal with the | ||||||
17 | appropriate county or municipal clerk or clerks.
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18 | (7) Notwithstanding any other provision of law to the | ||||||
19 | contrary, in the case of a board representing a district that | ||||||
20 | embraces Franklin and Jefferson counties, the terms of all | ||||||
21 | trustees shall end on the effective date of this amendatory Act | ||||||
22 | of the 94th General Assembly. Beginning on that date, the board | ||||||
23 | shall consist of 7 trustees. The 7 trustees initially appointed | ||||||
24 | pursuant to
this
amendatory Act of the 94th General Assembly | ||||||
25 | shall be appointed in the same manner as otherwise provided in | ||||||
26 | this Section by the appropriate appointing authority and shall |
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1 | serve the following terms, as determined by lot: (i) 2 trustees | ||||||
2 | shall serve until July 1, 2006; (ii) 2 trustees shall serve | ||||||
3 | until July 1, 2007; (iii) one trustee shall serve until July 1, | ||||||
4 | 2008; (iv) one trustee shall serve until July 1, 2009; and (v) | ||||||
5 | one trustee shall serve until July 1, 2010. Upon expiration of | ||||||
6 | the terms of the trustees initially appointed
under this | ||||||
7 | amendatory Act of the 94th General Assembly, their respective | ||||||
8 | successors shall be
appointed for terms of 5 years, beginning | ||||||
9 | on July 1 of the year in which the previous term expires and | ||||||
10 | until their respective successors are appointed and qualified. | ||||||
11 | After the appointment of the trustees initially appointed | ||||||
12 | pursuant to this amendatory Act of the 94th General Assembly, | ||||||
13 | the number of trustees on the board may be increased in | ||||||
14 | accordance with subsection (4).
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15 | (8) Notwithstanding any other law to the contrary, the | ||||||
16 | Board of the Rend Lake Conservancy District shall consist of 7 | ||||||
17 | trustees who shall be elected at consolidated elections, | ||||||
18 | beginning with the consolidated election in 2009, for terms | ||||||
19 | commencing on the third Monday of May following their election. | ||||||
20 | Trustees shall be elected as follows: (i) in Franklin County, | ||||||
21 | one trustee shall be elected from County Board District 1, one | ||||||
22 | trustee shall be elected from County Board District 2, one | ||||||
23 | trustee shall be elected from County Board District 3, and one | ||||||
24 | trustee shall be elected at large; (ii) in Jefferson County, | ||||||
25 | one trustee shall be elected from County Board Districts 1 | ||||||
26 | through 5, one trustee shall be elected from County Board |
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1 | Districts 6 through 10, and one trustee shall be elected from | ||||||
2 | County Board Districts 11 through 15. | ||||||
3 | At the first meeting of the elected trustees in 2009, they | ||||||
4 | shall determine by lot 4 of the elected trustees to serve an | ||||||
5 | initial term of 2 years and 3 of the elected trustees to serve | ||||||
6 | an initial term of 4 years. Thereafter, trustees shall be | ||||||
7 | elected to serve a term of 4 years. If a vacancy occurs on the | ||||||
8 | elected Board, the Board shall appoint a trustee to serve the | ||||||
9 | remainder of the term, except that if more than 28 months | ||||||
10 | remain in the term, the appointee shall serve until the next | ||||||
11 | consolidated election, at which time a trustee shall be elected | ||||||
12 | to serve for the remainder of the term. The terms of all | ||||||
13 | appointed trustees holding office immediately prior to the | ||||||
14 | third Monday of May in 2009 shall terminate, as a matter of | ||||||
15 | law, on that date.
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16 | (Source: P.A. 94-64, eff. 6-21-05.)".
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