Full Text of HB7307 93rd General Assembly
HB7307ham002 93RD GENERAL ASSEMBLY
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Rep. Kurt M. Granberg
Filed: 7/7/2004
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LRB093 22682 BDD 52441 a |
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| AMENDMENT TO HOUSE BILL 7307
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| AMENDMENT NO. ______. Amend House Bill 7307, AS AMENDED, by | 3 |
| replacing the title with the following: | 4 |
| "AN ACT concerning local government."; and
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| by replacing everything after the enacting clause with the | 6 |
| following:
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| "Section 5. The River Conservancy Districts Act is amended | 8 |
| by changing Section 4a as follows:
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| (70 ILCS 2105/4a) (from Ch. 42, par. 386a)
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| Sec. 4a. Every conservancy district so established shall be
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| governed by a board of trustees. In the statement finding the | 12 |
| results
of the election to be favorable to the establishment of | 13 |
| the district,
the circuit court shall determine and name each | 14 |
| municipality within the
district having 5,000 or more | 15 |
| population according to the last preceding
federal census.
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| (1) In case there is one or more municipalities having a | 17 |
| population
of 5,000 or more within the district, the trustees | 18 |
| shall be appointed as
follows:
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| (a) In districts organized prior to July 1, 1961, where | 20 |
| there is
only one such municipality, 3 trustees shall be | 21 |
| appointed from such
municipality, and one trustee shall be | 22 |
| appointed from the area within
the district outside of such | 23 |
| municipality, and one trustee shall be
appointed at large. | 24 |
| In districts organized on and after July 1, 1961,
where |
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| there is only one such municipality one trustee shall be | 2 |
| appointed
from such municipality, and one trustee shall be | 3 |
| appointed from each
county in the district, except that | 4 |
| where
the district is wholly contained within a single | 5 |
| county, one trustee shall
be appointed from that county and | 6 |
| one additional trustee shall be appointed
from the | 7 |
| municipality, and, in any case, 2 trustees shall be
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| appointed at large. A trustee appointed from a county in | 9 |
| the district
shall be appointed from the area outside any | 10 |
| such
municipality. If the district is located wholly within | 11 |
| the corporate
limits of such municipality, 3 of the | 12 |
| trustees of the district shall be
appointed from such | 13 |
| municipality, and 2 trustees shall be appointed at
large. | 14 |
| In a district wholly contained within a single county of | 15 |
| between
60,500 and 70,000 population and having no more | 16 |
| than one municipality of 5,000
or more population, | 17 |
| regardless of the date of organization, 3 trustees shall be
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| appointed from that municipality, 2 trustees shall be | 19 |
| appointed from the
district outside that municipality, and | 20 |
| 2 trustees shall be appointed at
large. No more than 2 | 21 |
| appointments by each appointing authority may be from the
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| same political party.
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| (b) Where there are 2 or more such municipalities, one | 24 |
| trustee shall
be appointed from each such municipality, one | 25 |
| trustee shall be appointed
from each county in the district | 26 |
| for each 50,000 population or part
thereof within the | 27 |
| district in such county according to the last
preceding | 28 |
| federal census, and 2 trustees shall be appointed at large. | 29 |
| A
trustee appointed from a county in the district shall be | 30 |
| appointed from
the area outside any such municipality. If | 31 |
| the district is located
wholly within the corporate limits | 32 |
| of such municipalities, 2 trustees
shall be appointed from | 33 |
| the one of such municipalities having the
largest | 34 |
| population, and one trustee shall be appointed from each of |
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| the
other such municipalities, and 2 trustees shall be | 2 |
| appointed at large.
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| (c) Trustees representing the area within the district | 4 |
| located
outside of any municipality having 5,000 or more | 5 |
| population and trustees
appointed at large when the | 6 |
| district is wholly contained within a single
county shall | 7 |
| be appointed by the presiding officer of the county board
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| with the advice and consent of the county board and any | 9 |
| trustee
representing the area within any such municipality | 10 |
| shall be appointed by
its presiding officer. If however the | 11 |
| district is located in more than
one county, any trustee | 12 |
| representing the area within a district located
outside of | 13 |
| any municipality having 5,000 or more population and any
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| trustee at large shall be appointed by a majority vote of | 15 |
| the presiding
officers of the county boards of the counties | 16 |
| which encompass any part
of the district, except that no | 17 |
| such appointment shall affect the term
of any trustee in | 18 |
| office on the effective date of this amendatory Act of
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| 1977. Any trustee representing the area within any such | 20 |
| municipality
shall be appointed by its presiding officer.
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| (d) A trustee representing the area within any such | 22 |
| municipality
shall reside within its corporate limits. A | 23 |
| trustee representing the
area within the district and | 24 |
| located outside of any such municipality
shall reside | 25 |
| within such area. A trustee appointed at large may reside
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| either within or without any such municipality but must | 27 |
| reside within
the territory of the district. Should any | 28 |
| trustee cease to reside
within that part of the territory | 29 |
| he represents, then his office shall
be deemed vacated, and | 30 |
| shall be filled by appointment for the remainder
of the | 31 |
| term as hereinafter provided.
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| (2) In case there are no municipalities having a population | 33 |
| of 5,000
or more within such district located wholly within a | 34 |
| single county, the
statement required by Section 1 shall |
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| include such finding, and in such
case the Board shall consist | 2 |
| of 5 trustees who shall be appointed at
large by the presiding | 3 |
| officer of the county board with the advice and
consent of the | 4 |
| county board. If however the district is located in more
than | 5 |
| one county, the trustees at large shall be appointed by a | 6 |
| majority
vote of the presiding officers of the county boards of | 7 |
| the counties
which encompass any portion of the district, but | 8 |
| any trustee in office
on the effective date of this amendatory | 9 |
| Act of 1977 shall be permitted
to serve out the remainder of | 10 |
| his term. Each such trustee shall reside
within the district | 11 |
| and shall continue to reside therein.
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| (3) All initial appointments of trustees shall be made | 13 |
| within 60
days after the determination of the result of the | 14 |
| election. Each
appointment shall be in writing and shall be | 15 |
| filed and made a matter of
record in the office of the county | 16 |
| clerk wherein the organization
proceedings were filed. A | 17 |
| trustee shall qualify within 10 days after
appointment by | 18 |
| acceptance and the taking of the constitutional oath of
office, | 19 |
| both to be in writing and similarly filed for record in the
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| office of such county clerk. Members initially appointed to the | 21 |
| board
of trustees of such district shall serve from date of | 22 |
| appointment for 1,
2, 3, 4 and 5 years and shall draw lots to | 23 |
| determine the periods for
which they each shall serve. In case | 24 |
| there are more than 5 trustees,
lots shall be drawn so that 5 | 25 |
| trustees shall serve initial terms of 1,
2, 3, 4 and 5 years | 26 |
| and the other trustees shall serve terms of 1, 2, 3,
4 or 5 | 27 |
| years as the number of trustees shall require and the drawing | 28 |
| of
lots shall determine. The successors of all such initial | 29 |
| members of the
board of trustees of a river conservancy | 30 |
| district shall serve for terms
of 5 years, all such | 31 |
| appointments and appointments to fill vacancies
shall be made | 32 |
| in like manner as in the case of the initial trustees. A
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| trustee having been duly appointed shall continue to serve | 34 |
| after the
expiration of his term until his successor has been |
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| appointed.
Each trustee initially appointed in accordance with | 2 |
| this amendatory Act of
1995 shall serve a term of 3 or 5 years | 3 |
| as determined by lot.
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| (4) Should a municipality which is wholly within a district | 5 |
| attain,
or should such a municipality be established, having a | 6 |
| population of
5,000 or more after the entry of the statement by | 7 |
| the circuit court, the
presiding officer of such municipality | 8 |
| may petition the circuit court of
the county in which such | 9 |
| municipality lies for an order finding and
determining the | 10 |
| population of such municipality and, if it is found and
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| determined upon the hearing of such petition that the | 12 |
| population of such
municipality is 5,000 or more, the board of | 13 |
| trustees of such district as
previously established shall be | 14 |
| increased by one trustee who shall
reside within the corporate | 15 |
| limits of such municipality and shall be
appointed by its | 16 |
| presiding officer. The initial trustee so appointed
shall serve | 17 |
| for a term of 1, 2, 3, 4 or 5 years, as may be determined by
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| lot, and his successors shall be similarly appointed and shall | 19 |
| serve for
terms of 5 years. All provisions of this Section | 20 |
| applicable to trustees
representing municipal areas shall | 21 |
| apply to any such trustee, including
paragraph 5.
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| (5) Should the foregoing provisions respecting the | 23 |
| appointment of
trustees representing the area within any | 24 |
| municipality of 5,000 or more
population be invalid when | 25 |
| applied to any situation, then as to such
situation any such | 26 |
| provision shall be deemed to be excised from this
Act, and the | 27 |
| trustee whose appointment is thus affected shall be
appointed | 28 |
| at large by the presiding officer of the county board with the
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| advice and consent of the county board except if the district | 30 |
| embraces
more than one county in which case the trustees shall | 31 |
| be appointed at
large by a majority vote of the presiding | 32 |
| officers of the county boards
of the counties which encompass | 33 |
| any portion of the district. | 34 |
| (6) In the case of a board representing a district that |
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| embraces Franklin and Jefferson counties, a trustee may be | 2 |
| removed for incompetence, neglect of duty, or malfeasance in | 3 |
| office by the appropriate appointing presiding officer or | 4 |
| officers, without the advice and consent of the corporate | 5 |
| authorities, by filing a written order of removal with the | 6 |
| appropriate county or municipal clerk or clerks.
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| (7) Notwithstanding any other provision of law to the | 8 |
| contrary, in the case of a board representing a district that | 9 |
| embraces Franklin and Jefferson counties, the terms of all | 10 |
| trustees shall end on the effective date of this amendatory Act | 11 |
| of the 93rd General Assembly. Beginning on that date, the board | 12 |
| shall consist of 7 trustees. The 7 trustees initially appointed | 13 |
| pursuant to
this
amendatory Act of the 93rd General Assembly | 14 |
| shall be appointed in the same manner as otherwise provided in | 15 |
| this Section by the appropriate appointing authority and shall | 16 |
| serve the following terms, as determined by lot: (i) 2 trustees | 17 |
| shall serve until July 1, 2005; (ii) 2 trustees shall serve | 18 |
| until July 1, 2006; (iii) one trustee shall serve until July 1, | 19 |
| 2007; (iv) one trustee shall serve until July 1, 2008; and (v) | 20 |
| one trustee shall serve until July 1, 2009. Upon expiration of | 21 |
| the terms of the trustees initially appointed
under this | 22 |
| amendatory Act of the 93rd General Assembly, their respective | 23 |
| successors shall be
appointed for terms of 5 years, beginning | 24 |
| on July 1 of the year in which the previous term expires and | 25 |
| until their respective successors are appointed and qualified. | 26 |
| After the appointment of the trustees initially appointed | 27 |
| pursuant to this amendatory Act of the 93rd General Assembly, | 28 |
| the number of trustees on the board may be increased in | 29 |
| accordance with subsection (4).
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| (Source: P.A. 89-148, eff. 1-1-96.)
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.".
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