|
Local Government Committee
Adopted in House Comm. on May 31, 2007
|
|
09500SB0833ham001 |
|
LRB095 05540 HLH 37346 a |
|
|
1 |
| AMENDMENT TO SENATE BILL 833
|
2 |
| AMENDMENT NO. ______. Amend Senate Bill 833 by replacing |
3 |
| everything after the enacting clause with the following:
|
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 |
|
|
|
09500SB0833ham001 |
- 2 - |
LRB095 05540 HLH 37346 a |
|
|
1 |
| district organized under this Act shall be created in the
|
2 |
| following manner:
|
3 |
| (1) If the district is located wholly within a single |
4 |
| county, the
presiding officer of the county board, with the |
5 |
| advice and consent of
the county board, shall appoint the |
6 |
| trustees for the district;
|
7 |
| (2) If the district is located in more than one county, |
8 |
| the members
of the General Assembly whose legislative |
9 |
| districts encompass any
portion of the district shall |
10 |
| appoint the trustees for the district.
|
11 |
| In any sanitary district which shall have a 3 member board |
12 |
| of trustees,
within 60 days after the adoption of such act, the |
13 |
| appropriate
appointing authority shall appoint three trustees |
14 |
| not more than 2 of
whom shall be from one incorporated city, |
15 |
| town or village in districts
in which are included 2 or more |
16 |
| incorporated cities, towns or villages,
or parts of 2 or more |
17 |
| incorporated cities, towns or villages, who shall
hold their |
18 |
| office respectively for 1, 2 and 3 years, from the first
Monday |
19 |
| of May next after their appointment and until their successors
|
20 |
| are appointed and have qualified, and thereafter on or before |
21 |
| the second
Monday in April of each year the appropriate |
22 |
| appointing authority shall
appoint one trustee whose term shall |
23 |
| be for 3 years commencing the first
Monday in May of the year |
24 |
| in which he is appointed. The
length of the term of the first |
25 |
| trustees shall be determined by lot at
their first meeting.
|
26 |
| In the case of any sanitary district created after January |
|
|
|
09500SB0833ham001 |
- 3 - |
LRB095 05540 HLH 37346 a |
|
|
1 |
| 1, 1978 in which
a 5 member board of trustees is required, the |
2 |
| appropriate appointing authority
shall appoint 5 trustees, one |
3 |
| of whom shall hold office for one year, two
of whom shall hold |
4 |
| office for 2 years, and 2 of whom shall hold office for
3 years |
5 |
| from the first Monday of May next after their respective |
6 |
| appointments
and until their successors are appointed and have |
7 |
| qualified. Thereafter,
on or before the second Monday in April |
8 |
| of each year the appropriate
appointing authority shall appoint |
9 |
| one trustee or 2 trustees, as shall be
necessary to maintain a |
10 |
| 5 member board of trustees, whose terms shall be for 3
years
|
11 |
| commencing the first Monday in May of the year in which they |
12 |
| are respectively
appointed. The length of the terms of the |
13 |
| first trustees shall be determined
by lot at their first |
14 |
| meeting.
|
15 |
| In any sanitary district created prior to January 1, 1978 |
16 |
| in which a
5 member board of trustees is required as of January |
17 |
| 1, 1978,
the two trustees already serving terms which do not |
18 |
| expire on May 1, 1978
shall continue to hold office for the |
19 |
| remainders of their respective terms,
and 3 trustees shall be |
20 |
| appointed by the appropriate appointing authority
by April 10, |
21 |
| 1978 and shall hold office for terms beginning May 1, 1978.
Of |
22 |
| the three new trustees, one shall hold office for 2 years and 2 |
23 |
| shall
hold office for 3 years from May 1, 1978 and until their |
24 |
| successors are
appointed and have qualified. Thereafter, on or |
25 |
| before the second Monday
in April of each year the appropriate |
26 |
| appointing authority shall appoint
one trustee or 2 trustees, |
|
|
|
09500SB0833ham001 |
- 4 - |
LRB095 05540 HLH 37346 a |
|
|
1 |
| as shall be necessary to maintain a 5 member
board of trustees, |
2 |
| whose terms shall be for 3 years commencing the first
Monday in |
3 |
| May of the year in which they are respectively appointed. The
|
4 |
| lengths of the terms of the trustees who are to hold office |
5 |
| beginning May
1, 1978 shall be determined by lot at their first |
6 |
| meeting after May 1, 1978.
|
7 |
| No more than 3 members of a 5 member board of trustees may |
8 |
| be of the same
political party; except that in any sanitary |
9 |
| district which otherwise
meets the requirements of this Section |
10 |
| and which lies within 4 counties of the
State of Illinois or , |
11 |
| prior to April 30, 2008, in the Fox River Water Reclamation |
12 |
| District; the
appointments of the 5 members of the board of |
13 |
| trustees
shall be made without regard to political party. |
14 |
| Beginning with the appointments made on April 30, 2008, all |
15 |
| appointments to the board of trustees of the Fox River Water |
16 |
| Reclamation District shall be made so that no more than 3 of |
17 |
| the 5 members are from the same political party.
|
18 |
| Within 60 days after the release of Federal census |
19 |
| statistics showing that
a sanitary district having a 3 member |
20 |
| board of trustees contains one
or more municipalities with a |
21 |
| population over 90,000 but less than 500,000,
or, for the |
22 |
| Northern Moraine Wastewater Reclamation District, within 60 |
23 |
| days after the effective date of this amendatory Act of the |
24 |
| 95th General Assembly, the appropriate appointing authority |
25 |
| shall appoint 2 additional trustees
to the board of trustees, |
26 |
| one to hold office for 2 years and one to hold
office for 3 |
|
|
|
09500SB0833ham001 |
- 5 - |
LRB095 05540 HLH 37346 a |
|
|
1 |
| years from the first Monday of May next after their appointment
|
2 |
| and until their successors are appointed and have qualified. |
3 |
| The lengths
of the terms of these two additional members shall |
4 |
| be determined by lot
at the first meeting of the board of |
5 |
| trustees held after the additional
members take office. The |
6 |
| three trustees already holding office in the sanitary
district |
7 |
| shall continue
to hold office for the remainders of their |
8 |
| respective terms. Thereafter,
on or before the second Monday in |
9 |
| April of each year the appropriate appointing
authority shall |
10 |
| appoint one trustee or 2 trustees, as shall be necessary
to |
11 |
| maintain a 5 member board of trustees, whose terms shall be for |
12 |
| 3 years
commencing the first Monday in May of the year in which |
13 |
| they are respectively
appointed.
|
14 |
| If any sanitary district having a 5 member board of |
15 |
| trustees shall cease
to contain one or more municipalities with |
16 |
| a population over 90,000 but
less than 500,000 according to the |
17 |
| most recent Federal census, then, for
so long as that sanitary |
18 |
| district does not contain one or more such
municipalities,
on |
19 |
| or before the second Monday in April of each year the |
20 |
| appropriate appointing
authority shall
appoint one trustee |
21 |
| whose term shall be for 3 years commencing the first
Monday in |
22 |
| May of the year in which he is appointed. In districts which
|
23 |
| include 2 or more incorporated cities, towns, or villages, or |
24 |
| parts of 2
or more incorporated cities, towns, or villages, all |
25 |
| of the trustees shall
not be from one incorporated city, town |
26 |
| or village.
|
|
|
|
09500SB0833ham001 |
- 6 - |
LRB095 05540 HLH 37346 a |
|
|
1 |
| If a vacancy occurs on any board of trustees, the |
2 |
| appropriate appointing
authority shall within 60 days appoint a |
3 |
| trustee who shall hold office for
the remainder of the vacated |
4 |
| term.
|
5 |
| The appointing authority shall require each of the trustees |
6 |
| to enter
into bond, with security to be approved by the |
7 |
| appointing authority, in
such sum as the appointing authority |
8 |
| may determine.
|
9 |
| A majority of the board of trustees shall constitute a |
10 |
| quorum but a
smaller number may adjourn from day to day. No |
11 |
| trustee or employee of
such district shall be directly or |
12 |
| indirectly interested in any
contract, work or business of the |
13 |
| district, or the sale of any article,
the expense, price or |
14 |
| consideration of which is paid by such district;
nor in the |
15 |
| purchase of any real estate or property belonging to the
|
16 |
| district, or which shall be sold for taxes or assessments, or |
17 |
| by virtue
of legal process at the suit of the district. |
18 |
| Provided, that nothing
herein shall be construed as prohibiting |
19 |
| the appointment or selection of
any person as trustee or |
20 |
| employee whose only interest in the district is
as owner of |
21 |
| real estate in the district or of contributing to the
payment |
22 |
| of taxes levied by the district. The trustees shall have the
|
23 |
| power to provide and adopt a corporate seal for the district.
|
24 |
| Notwithstanding any other provision in this Section, in any |
25 |
| sanitary
district created prior to the effective date of this |
26 |
| amendatory Act of
1985, in which a five member board of |