Sen. Dale Fowler

Filed: 3/22/2023

 

 


 

 


 
10300SB1098sam001LRB103 05533 AWJ 59548 a

1
AMENDMENT TO SENATE BILL 1098

2    AMENDMENT NO. ______. Amend Senate Bill 1098 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The River Conservancy Districts Act is amended
5by changing Section 4a and by adding Section 4c as follows:
 
6    (70 ILCS 2105/4a)  (from Ch. 42, par. 386a)
7    Sec. 4a. Every conservancy district so established shall
8be governed by a board of trustees. In the statement finding
9the results of the election to be favorable to the
10establishment of the district, the circuit court shall
11determine and name each municipality within the district
12having 5,000 or more population according to the last
13preceding federal census.
14        (1) In case there is one or more municipalities having
15    a population of 5,000 or more within the district, the
16    trustees shall be appointed as follows:

 

 

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1            (a) In districts organized prior to July 1, 1961,
2        where there is only one such municipality, 3 trustees
3        shall be appointed from such municipality, and one
4        trustee shall be appointed from the area within the
5        district outside of such municipality, and one trustee
6        shall be appointed at large. In districts organized on
7        and after July 1, 1961, where there is only one such
8        municipality one trustee shall be appointed from such
9        municipality, and one trustee shall be appointed from
10        each county in the district, except that where the
11        district is wholly contained within a single county,
12        one trustee shall be appointed from that county and
13        one additional trustee shall be appointed from the
14        municipality, and, in any case, 2 trustees shall be
15        appointed at large. A trustee appointed from a county
16        in the district shall be appointed from the area
17        outside any such municipality. If the district is
18        located wholly within the corporate limits of such
19        municipality, 3 of the trustees of the district shall
20        be appointed from such municipality, and 2 trustees
21        shall be appointed at large. In a district wholly
22        contained within a single county of between 60,500 and
23        70,000 population and having no more than one
24        municipality of 5,000 or more population, regardless
25        of the date of organization, 3 trustees shall be
26        appointed from that municipality, 2 trustees shall be

 

 

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1        appointed from the district outside that municipality,
2        and 2 trustees shall be appointed at large. No more
3        than 2 appointments by each appointing authority may
4        be from the same political party.
5            In the case of the Saline Valley Conservancy
6        District, in addition to the other trustees as
7        provided in this subsection (a), the mayor of each
8        municipality with a population of 2,000 to 4,999 that
9        purchases water from the District may appoint one
10        member to the Board of Trustees beginning July 1, 2023
11        for a 5-year term, and the member shall serve until the
12        trustee's successor is appointed and qualified or the
13        municipality no longer purchases water from the
14        District. A vacancy shall be filled by the mayor of the
15        municipality for the remainder of the term.
16            (b) Where there are 2 or more such municipalities,
17        one trustee shall be appointed from each such
18        municipality, one trustee shall be appointed from each
19        county in the district for each 50,000 population or
20        part thereof within the district in such county
21        according to the last preceding federal census, and 2
22        trustees shall be appointed at large. A trustee
23        appointed from a county in the district shall be
24        appointed from the area outside any such municipality.
25        If the district is located wholly within the corporate
26        limits of such municipalities, 2 trustees shall be

 

 

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1        appointed from the one of such municipalities having
2        the largest population, and one trustee shall be
3        appointed from each of the other such municipalities,
4        and 2 trustees shall be appointed at large.
5            (c) Trustees representing the area within the
6        district located outside of any municipality having
7        5,000 or more population and trustees appointed at
8        large when the district is wholly contained within a
9        single county shall be appointed by the presiding
10        officer of the county board with the advice and
11        consent of the county board and any trustee
12        representing the area within any such municipality
13        shall be appointed by its presiding officer. If
14        however the district is located in more than one
15        county, any trustee representing the area within a
16        district located outside of any municipality having
17        5,000 or more population and any trustee at large
18        shall be appointed by a majority vote of the presiding
19        officers of the county boards of the counties which
20        encompass any part of the district, except that no
21        such appointment shall affect the term of any trustee
22        in office on the effective date of this amendatory Act
23        of 1977. Any trustee representing the area within any
24        such municipality shall be appointed by its presiding
25        officer.
26            (d) A trustee representing the area within any

 

 

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1        such municipality shall reside within its corporate
2        limits. A trustee representing the area within the
3        district and located outside of any such municipality
4        shall reside within such area. A trustee appointed at
5        large may reside either within or without any such
6        municipality but must reside within the territory of
7        the district. Should any trustee cease to reside
8        within that part of the territory he represents, then
9        his office shall be deemed vacated, and shall be
10        filled by appointment for the remainder of the term as
11        hereinafter provided.
12        (2) In case there are no municipalities having a
13    population of 5,000 or more within such district located
14    wholly within a single county, the statement required by
15    Section 1 shall include such finding, and in such case the
16    Board shall consist of 5 trustees who shall be appointed
17    at large by the presiding officer of the county board with
18    the advice and consent of the county board. If however the
19    district is located in more than one county, the trustees
20    at large shall be appointed by a majority vote of the
21    presiding officers of the county boards of the counties
22    which encompass any portion of the district, but any
23    trustee in office on the effective date of this amendatory
24    Act of 1977 shall be permitted to serve out the remainder
25    of his term. Each such trustee shall reside within the
26    district and shall continue to reside therein.

 

 

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1        (3) All initial appointments of trustees shall be made
2    within 60 days after the determination of the result of
3    the election. Each appointment shall be in writing and
4    shall be filed and made a matter of record in the office of
5    the county clerk wherein the organization proceedings were
6    filed. A trustee shall qualify within 10 days after
7    appointment by acceptance and the taking of the
8    constitutional oath of office, both to be in writing and
9    similarly filed for record in the office of such county
10    clerk. Members initially appointed to the board of
11    trustees of such district shall serve from date of
12    appointment for 1, 2, 3, 4 and 5 years and shall draw lots
13    to determine the periods for which they each shall serve.
14    In case there are more than 5 trustees, lots shall be drawn
15    so that 5 trustees shall serve initial terms of 1, 2, 3, 4
16    and 5 years and the other trustees shall serve terms of 1,
17    2, 3, 4 or 5 years as the number of trustees shall require
18    and the drawing of lots shall determine. The successors of
19    all such initial members of the board of trustees of a
20    river conservancy district shall serve for terms of 5
21    years, all such appointments and appointments to fill
22    vacancies shall be made in like manner as in the case of
23    the initial trustees. A trustee having been duly appointed
24    shall continue to serve after the expiration of his term
25    until his successor has been appointed. Each trustee
26    initially appointed in accordance with this amendatory Act

 

 

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1    of 1995 shall serve a term of 3 or 5 years as determined by
2    lot.
3        (4) Should a municipality which is wholly within a
4    district attain, or should such a municipality be
5    established, having a population of 5,000 or more after
6    the entry of the statement by the circuit court, the
7    presiding officer of such municipality may petition the
8    circuit court of the county in which such municipality
9    lies for an order finding and determining the population
10    of such municipality and, if it is found and determined
11    upon the hearing of such petition that the population of
12    such municipality is 5,000 or more, the board of trustees
13    of such district as previously established shall be
14    increased by one trustee who shall reside within the
15    corporate limits of such municipality and shall be
16    appointed by its presiding officer. The initial trustee so
17    appointed shall serve for a term of 1, 2, 3, 4 or 5 years,
18    as may be determined by lot, and his successors shall be
19    similarly appointed and shall serve for terms of 5 years.
20    All provisions of this Section applicable to trustees
21    representing municipal areas shall apply to any such
22    trustee, including paragraph 5.
23        (5) Should the foregoing provisions respecting the
24    appointment of trustees representing the area within any
25    municipality of 5,000 or more population be invalid when
26    applied to any situation, then as to such situation any

 

 

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1    such provision shall be deemed to be excised from this
2    Act, and the trustee whose appointment is thus affected
3    shall be appointed at large by the presiding officer of
4    the county board with the advice and consent of the county
5    board except if the district embraces more than one county
6    in which case the trustees shall be appointed at large by a
7    majority vote of the presiding officers of the county
8    boards of the counties which encompass any portion of the
9    district.
10        (6) In the case of a board representing a district
11    that embraces Franklin and Jefferson counties, a trustee
12    may be removed for incompetence, neglect of duty, or
13    malfeasance in office by the appropriate appointing
14    presiding officer or officers, without the advice and
15    consent of the corporate authorities, by filing a written
16    order of removal with the appropriate county or municipal
17    clerk or clerks.
18        (7) Notwithstanding any other provision of law to the
19    contrary, in the case of a board representing a district
20    that embraces Franklin and Jefferson counties, the terms
21    of all trustees shall end on the effective date of this
22    amendatory Act of the 94th General Assembly. Beginning on
23    that date, the board shall consist of 7 trustees. The 7
24    trustees initially appointed pursuant to this amendatory
25    Act of the 94th General Assembly shall be appointed in the
26    same manner as otherwise provided in this Section by the

 

 

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1    appropriate appointing authority and shall serve the
2    following terms, as determined by lot: (i) 2 trustees
3    shall serve until July 1, 2006; (ii) 2 trustees shall
4    serve until July 1, 2007; (iii) one trustee shall serve
5    until July 1, 2008; (iv) one trustee shall serve until
6    July 1, 2009; and (v) one trustee shall serve until July 1,
7    2010. Upon expiration of the terms of the trustees
8    initially appointed under this amendatory Act of the 94th
9    General Assembly, their respective successors shall be
10    appointed for terms of 5 years, beginning on July 1 of the
11    year in which the previous term expires and until their
12    respective successors are appointed and qualified. After
13    the appointment of the trustees initially appointed
14    pursuant to this amendatory Act of the 94th General
15    Assembly, the number of trustees on the board may be
16    increased in accordance with subsection (4).
17(Source: P.A. 94-64, eff. 6-21-05.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".