Illinois General Assembly - Full Text of HB5454
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Full Text of HB5454  98th General Assembly


Rep. Raymond Poe

Filed: 3/21/2014





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2    AMENDMENT NO. ______. Amend House Bill 5454 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 11-135-2 as follows:
6    (65 ILCS 5/11-135-2)  (from Ch. 24, par. 11-135-2)
7    Sec. 11-135-2. Upon the adoption of such an ordinance or
8resolution by the corporate authorities of any such
9municipality, the mayor or president, with the approval of the
10corporate authorities, shall appoint a commissioner. If under
11Section 11-135-3 a water commission meets the participatory
12requirements, that water commission shall appoint a
13commissioner. The commissioners so appointed by each of such
14municipalities and participatory water commissions together
15with a like commissioner appointed by the presiding officer of
16the county board with the advice and consent of the county



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1board of the county in which the major part of the works of the
2water commission are, or are to be, located, shall constitute a
3commission and public corporation with the powers and duties
4specified in this Division 135. The corporate name of the
5commission shall be "(here insert an appropriate name
6indicative of the area) Water Commission" and as such the
7Commission may contract and be contracted with, and sue and be
9    The commissioners so appointed shall serve for a term of 6
10years, or until their successors have been appointed and have
11qualified in the same manner as the original appointments,
12except that the commissioners first appointed shall determine
13by lot at their first meeting the respective commissioners
14whose terms shall be for 2, 4 and 6 years from the date of that
15meeting. Each commissioner appointed by a mayor or president
16shall be an elector or the chief administrator of the
17municipality for which he acts as commissioner, and the
18commissioner appointed by the presiding officer of the county
19board shall be an elector of the county in which the major
20works of the water commission are, or are to be, located. Any
21commissioner so appointed may be a member of the governing
22board or officer or employee of the municipality or county from
23which the appointment is made. A commissioner is eligible for
24reappointment upon the expiration of his term. A vacancy shall
25be filled for the balance of the unexpired term of the person
26who has ceased to hold office by the mayor, president or county



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1board presiding officer who initially made such appointment in
2the same manner as the original appointment. Each commissioner
3shall receive the same compensation, as determined by a
4majority of the appointing authorities the appointing
5authority, which shall not be more than $2,000 per year, except
6that no commissioner who is a member of the governing board or
7officer of the municipality or county from which the
8appointment is made may receive any compensation for serving as
9commissioner. Each commissioner shall furnish a bond for the
10faithful performance of his official duties. This bond shall
11not be less than $5,000 and its costs shall be paid by the
13    Each commissioner may be removed for any cause for which
14any other municipal officer may be removed. No commissioner, or
15employee of the commission, and no mayor, or president, or
16other member of the corporate authorities, or any employee of
17any of the municipalities, shall be interested directly or
18indirectly in any contract or job of work or materials, or the
19profits thereof, or services to be performed for or by the
21    A violation of any of the foregoing provisions of this
22section is a Class C misdemeanor. A conviction is cause for the
23removal of a person from his office or employment.
24(Source: P.A. 90-517, eff. 8-22-97; 91-659, eff. 12-22-99.)".