99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5630

 

Introduced , by Rep. Keith Wheeler

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Representative Special District Act. Provides that all members of a governing board of a special district with the authority to levy any tax or assessment must be elected and not appointed except due to death, disability, resignation, or other inability of a member to perform his or her duties. Provides for election procedures to elect members to replace appointed members. Further provides that an appointed member's term will terminate after his or her successor is elected and qualified. Effective immediately.


LRB099 18665 AWJ 43047 b

 

 

A BILL FOR

 

HB5630LRB099 18665 AWJ 43047 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Representative Special District Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Governing board" means the board of trustees, board of
8commissioners, board of directors, or similar body governing a
9special district.
10    "Member" means a trustee, commissioner, director, or
11similar person elected or appointed to a governing board.
12    "Special district" means any political subdivision with
13the authority to levy any tax or assessment, other than a
14county, municipality, township, school district, or community
15college district.
 
16    Section 10. Appointments prohibited. Notwithstanding any
17law to the contrary, and except as provided for in this Act, on
18or after the effective date of this Act no person may be
19appointed to a governing board of a special district and all
20members shall be elected by the electors of the special
21district. This Section shall not apply to appointments to
22replace a member of a governing board due to death, disability,

 

 

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1resignation, or other inability of a member to perform his or
2her duties.
 
3    Section 15. Electing members of governing boards.
4Notwithstanding any law to the contrary, at the next regular
5election after the effective date of this Act, members will be
6elected to replace appointed members on the governing boards of
7all special districts. The elected members shall be elected as
8follows: 2 shall be elected for terms of 2 years, 2 for terms
9of 4 years, and one for a term of 6 years. Except as otherwise
10provided in Section 2A-54 of the Election Code, the term of
11each elected member shall commence on the third Monday of the
12month following the month of his or her election and until his
13or her successor is elected and qualified. The length of the
14terms of the members first elected shall be determined by lot
15at their first meeting. Thereafter, except as otherwise
16provided in Section 2A-54 of the Election Code, each member
17shall be elected to serve for a term of 4 years commencing on
18the third Monday of the month following the month of his or her
19election and until his or her successor is elected and
20qualified.
 
21    Section 20. Terms of appointed members. Notwithstanding
22any law to the contrary, appointed members shall continue to
23serve until the third Monday of the month following the month
24of the first election of members. If the term of office of any

 

 

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1appointed member expires before his or her successor is elected
2and qualified, the authority which appointed that member shall
3appoint a successor to serve until a member is elected and
4qualified.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.