Full Text of SB0100 101st General Assembly
SB0100enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 2A-41 and 7-12 as follows:
| 6 | | (10 ILCS 5/2A-41) (from Ch. 46, par. 2A-41)
| 7 | | Sec. 2A-41. Sanitary District - Trustee - Time of Election. | 8 | | A
trustee of a Sanitary District which elects its trustees, | 9 | | other than the
Metropolitan Sanitary District of Greater | 10 | | Chicago or the Fox Metro Water Reclamation District , shall be | 11 | | elected at
the general election in each even-numbered year | 12 | | which immediately
precedes the expiration of the term of any | 13 | | incumbent trustee, to succeed
each incumbent trustee whose term | 14 | | ends before the following general
election.
| 15 | | (Source: P.A. 80-936.)
| 16 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| 17 | | Sec. 7-12. All petitions for nomination shall be filed by | 18 | | mail or
in person as follows: | 19 | | (1) Where the nomination is to be made for a State, | 20 | | congressional, or
judicial office, or for any office a | 21 | | nomination for which is made for a
territorial division or | 22 | | district which comprises more than one county or
is partly |
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| 1 | | in one county and partly in another county or counties | 2 | | (including the Fox Metro Water Reclamation District) , | 3 | | then,
except as otherwise provided in this Section, such | 4 | | petition for nomination
shall be filed in the principal | 5 | | office of the State Board of Elections not
more than 113 | 6 | | and not less than 106 days prior to the date of the | 7 | | primary,
but, in the case of petitions for nomination to | 8 | | fill a vacancy by special
election in the office of | 9 | | representative in Congress from this State, such
petition | 10 | | for nomination shall be filed in the principal office of | 11 | | the State
Board of Elections not more than 85 days and not | 12 | | less than 82 days prior to
the date of the primary.
| 13 | | Where a vacancy occurs in the office of Supreme, | 14 | | Appellate or Circuit
Court Judge within the 3-week period | 15 | | preceding the 106th day before a
general primary election, | 16 | | petitions for nomination for the office in which
the | 17 | | vacancy has occurred shall be filed in the principal office | 18 | | of the
State Board of Elections not more than 92 nor less | 19 | | than 85 days prior to
the date of the general primary | 20 | | election.
| 21 | | Where the nomination is to be made for delegates or | 22 | | alternate
delegates to a national nominating convention, | 23 | | then such petition for
nomination shall be filed in the | 24 | | principal office of the State Board of
Elections not more | 25 | | than 113 and not less than 106 days prior to the date of
| 26 | | the primary; provided, however, that if the rules or |
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| 1 | | policies of a national
political party conflict with such | 2 | | requirements for filing petitions for
nomination for | 3 | | delegates or alternate delegates to a national nominating
| 4 | | convention, the chair of the State central committee of | 5 | | such national
political party shall notify the Board in | 6 | | writing, citing by reference the
rules or policies of the | 7 | | national political party in conflict, and in such
case the | 8 | | Board shall direct such petitions to be filed in accordance | 9 | | with the delegate selection plan adopted by the state | 10 | | central committee of such national political party.
| 11 | | (2) Where the nomination is to be made for a county | 12 | | office or trustee
of a sanitary district then such petition | 13 | | shall be filed in the office
of the county clerk not more | 14 | | than 113 nor less than 106 days prior to the
date of the | 15 | | primary.
| 16 | | (3) Where the nomination is to be made for a municipal | 17 | | or township
office, such petitions for nomination shall be | 18 | | filed in the office of
the local election official, not | 19 | | more than 99 nor less than 92 days
prior to the date of the | 20 | | primary; provided, where a municipality's or
township's | 21 | | boundaries are coextensive with or are entirely within the
| 22 | | jurisdiction of a municipal board of election | 23 | | commissioners, the petitions
shall be filed in the office | 24 | | of such board; and provided, that petitions
for the office | 25 | | of multi-township assessor shall be filed with the election
| 26 | | authority.
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| 1 | | (4) The petitions of candidates for State central | 2 | | committeeperson shall
be filed in the principal office of | 3 | | the State Board of Elections not
more than 113 nor less | 4 | | than 106 days prior to the date of the primary.
| 5 | | (5) Petitions of candidates for precinct, township or | 6 | | ward committeepersons
shall be filed in the office of the | 7 | | county clerk not more
than 113 nor less than 106 days prior | 8 | | to the date of the primary.
| 9 | | (6) The State Board of Elections and the various | 10 | | election authorities
and local election officials with | 11 | | whom such petitions for nominations
are filed shall specify | 12 | | the place where filings shall be made and upon
receipt | 13 | | shall endorse thereon the day and hour on which each | 14 | | petition
was filed. All petitions filed by persons waiting | 15 | | in line as of 8:00
a.m. on the first day for filing, or as | 16 | | of the normal opening hour of
the office involved on such | 17 | | day, shall be deemed filed as of 8:00 a.m.
or the normal | 18 | | opening hour, as the case may be. Petitions filed by mail
| 19 | | and received after midnight of the first day for filing and | 20 | | in the first
mail delivery or pickup of that day shall be | 21 | | deemed as filed as of 8:00
a.m. of that day or as of the | 22 | | normal opening hour of such day, as the
case may be. All | 23 | | petitions received thereafter shall be deemed as filed
in | 24 | | the order of actual receipt. However, 2 or more petitions | 25 | | filed within the last hour of the filing deadline shall be | 26 | | deemed filed simultaneously. Where 2 or more petitions are |
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| 1 | | received
simultaneously, the State Board of Elections or | 2 | | the various election
authorities or local election | 3 | | officials with whom such petitions are
filed shall break | 4 | | ties and determine the order of filing, by means of a
| 5 | | lottery or other fair and impartial method of random | 6 | | selection approved
by the State Board of Elections. Such | 7 | | lottery shall be conducted within
9 days following the last | 8 | | day for petition filing and shall be open to the
public. | 9 | | Seven days written notice of the time and place of | 10 | | conducting such
random selection shall be given by the | 11 | | State Board of Elections to the chair
of the State central | 12 | | committee of each established political
party, and by each | 13 | | election authority or local election official, to the
| 14 | | County Chair of each established political party, and to | 15 | | each
organization of citizens within the election | 16 | | jurisdiction which was
entitled, under this Article, at the | 17 | | next preceding election, to have
pollwatchers present on | 18 | | the day of election. The State Board of Elections,
election | 19 | | authority or local election official shall post in a | 20 | | conspicuous,
open and public place, at the entrance of the | 21 | | office, notice of the time
and place of such lottery. The | 22 | | State Board of Elections shall adopt rules
and regulations | 23 | | governing the procedures for the conduct of such lottery.
| 24 | | All candidates shall be certified in the order in which | 25 | | their petitions
have been filed. Where candidates have | 26 | | filed simultaneously, they shall be
certified in the order |
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| 1 | | determined by lot and prior to candidates who filed
for the | 2 | | same office at a later time.
| 3 | | (7) The State Board of Elections or the appropriate | 4 | | election
authority or local election official with whom | 5 | | such a petition for
nomination is filed shall notify the | 6 | | person for whom a petition for
nomination has been filed of | 7 | | the obligation to file statements of
organization, reports | 8 | | of campaign contributions, and annual reports of
campaign | 9 | | contributions and expenditures under Article 9 of this Act.
| 10 | | Such notice shall be given in the manner prescribed by | 11 | | paragraph (7) of
Section 9-16 of this Code.
| 12 | | (8) Nomination papers filed under this Section are not | 13 | | valid if the
candidate named therein fails to file a | 14 | | statement of economic interests
as required by the Illinois | 15 | | Governmental Ethics Act in relation to his
candidacy with | 16 | | the appropriate officer by the end of the period for the
| 17 | | filing of nomination papers unless he has filed a statement | 18 | | of economic
interests in relation to the same governmental | 19 | | unit with that officer
within a year preceding the date on | 20 | | which such nomination papers were
filed. If the nomination | 21 | | papers of any candidate and the statement of
economic | 22 | | interest of that candidate are not required to be filed | 23 | | with
the same officer, the candidate must file with the | 24 | | officer with whom the
nomination papers are filed a receipt | 25 | | from the officer with whom the
statement of economic | 26 | | interests is filed showing the date on which such
statement |
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| 1 | | was filed. Such receipt shall be so filed not later than | 2 | | the
last day on which nomination papers may be filed.
| 3 | | (9) Any person for whom a petition for nomination, or | 4 | | for committeeperson or
for delegate or alternate delegate | 5 | | to a national nominating convention has
been filed may | 6 | | cause his name to be withdrawn by request in writing, | 7 | | signed
by him and duly acknowledged before an officer | 8 | | qualified to take
acknowledgments of deeds, and filed in | 9 | | the principal or permanent branch
office of the State Board | 10 | | of Elections or with the appropriate election
authority or | 11 | | local election official, not later than the date of
| 12 | | certification of candidates for the consolidated primary | 13 | | or general primary
ballot. No names so withdrawn shall be | 14 | | certified or printed on the
primary ballot. If petitions | 15 | | for nomination have been filed for the
same person with | 16 | | respect to more than one political party, his name
shall | 17 | | not be certified nor printed on the primary ballot of any | 18 | | party.
If petitions for nomination have been filed for the | 19 | | same person for 2 or
more offices which are incompatible so | 20 | | that the same person could not
serve in more than one of | 21 | | such offices if elected, that person must
withdraw as a | 22 | | candidate for all but one of such offices within the
5 | 23 | | business days following the last day for petition filing. A | 24 | | candidate in a judicial election may file petitions for | 25 | | nomination for only one vacancy in a subcircuit and only | 26 | | one vacancy in a circuit in any one filing period, and if |
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| 1 | | petitions for nomination have been filed for the same | 2 | | person for 2 or more vacancies in the same circuit or | 3 | | subcircuit in the same filing period, his or her name shall | 4 | | be certified only for the first vacancy for which the | 5 | | petitions for nomination were filed. If he fails to
| 6 | | withdraw as a candidate for all but one of such offices | 7 | | within such time
his name shall not be certified, nor | 8 | | printed on the primary ballot, for any
office. For the | 9 | | purpose of the foregoing provisions, an office in a
| 10 | | political party is not incompatible with any other office.
| 11 | | (10)(a) Notwithstanding the provisions of any other | 12 | | statute, no primary
shall be held for an established | 13 | | political party in any township,
municipality, or ward | 14 | | thereof, where the nomination of such
party for every | 15 | | office to be voted upon by the electors of such
township, | 16 | | municipality, or ward thereof, is uncontested. Whenever a
| 17 | | political party's nomination of candidates is uncontested | 18 | | as to one or
more, but not all, of the offices to be voted | 19 | | upon by the electors of a
township, municipality, or ward | 20 | | thereof, then a primary shall
be held for that party in | 21 | | such township, municipality, or ward thereof;
provided | 22 | | that the primary ballot shall not include those offices
| 23 | | within such township, municipality, or ward thereof, for | 24 | | which the
nomination is uncontested. For purposes of this | 25 | | Article, the nomination
of an established political party | 26 | | of a candidate for election to an office
shall be deemed to |
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| 1 | | be uncontested where not more than the number of persons
to | 2 | | be nominated have timely filed valid nomination papers | 3 | | seeking the
nomination of such party for election to such | 4 | | office.
| 5 | | (b) Notwithstanding the provisions of any other | 6 | | statute, no primary
election shall be held for an | 7 | | established political party for any special
primary | 8 | | election called for the purpose of filling a vacancy in the | 9 | | office
of representative in the United States Congress | 10 | | where the nomination of
such political party for said | 11 | | office is uncontested. For the purposes of
this Article, | 12 | | the nomination of an established political party of a
| 13 | | candidate for election to said office shall be deemed to be | 14 | | uncontested
where not more than the number of persons to be | 15 | | nominated have timely filed
valid nomination papers | 16 | | seeking the nomination of such established party
for | 17 | | election to said office. This subsection (b) shall not | 18 | | apply if such
primary election is conducted on a regularly | 19 | | scheduled election day.
| 20 | | (c) Notwithstanding the provisions in subparagraph (a) | 21 | | and (b) of this
paragraph (10), whenever a person who has | 22 | | not timely filed valid nomination
papers and who intends to | 23 | | become a write-in candidate for a political
party's | 24 | | nomination for any office for which the nomination is | 25 | | uncontested
files a written statement or notice of that | 26 | | intent with the State Board of
Elections or the local |
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| 1 | | election official with whom nomination papers for
such | 2 | | office are filed, a primary ballot shall be prepared and a | 3 | | primary
shall be held for that office. Such statement or | 4 | | notice shall be filed on
or before the date established in | 5 | | this Article for certifying candidates
for the primary | 6 | | ballot. Such statement or notice shall contain (i) the
name | 7 | | and address of the person intending to become a write-in | 8 | | candidate,
(ii) a statement that the person is a qualified | 9 | | primary elector of the
political party from whom the | 10 | | nomination is sought, (iii) a statement that
the person | 11 | | intends to become a write-in candidate for the party's
| 12 | | nomination, and (iv) the office the person is seeking as a | 13 | | write-in
candidate. An election authority shall have no | 14 | | duty to conduct a primary
and prepare a primary ballot for | 15 | | any office for which the nomination is
uncontested unless a | 16 | | statement or notice meeting the requirements of this
| 17 | | Section is filed in a timely manner.
| 18 | | (11) If multiple sets of nomination papers are filed | 19 | | for a candidate to
the same office, the State Board of | 20 | | Elections, appropriate election
authority or local | 21 | | election official where the petitions are filed shall
| 22 | | within 2 business days notify the candidate of his or her | 23 | | multiple petition
filings and that the candidate has 3 | 24 | | business days after receipt of the
notice to notify the | 25 | | State Board of Elections, appropriate election
authority | 26 | | or local election official that he or she may cancel prior |
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| 1 | | sets
of petitions. If the candidate notifies the State | 2 | | Board of Elections,
appropriate election authority or | 3 | | local election official, the last set of
petitions filed | 4 | | shall be the only petitions to be considered valid by the
| 5 | | State Board of Elections, election authority or local | 6 | | election official. If
the candidate fails to notify the | 7 | | State Board of Elections, election authority
or local
| 8 | | election official then only the first set of petitions | 9 | | filed shall be valid
and all subsequent petitions shall be | 10 | | void.
| 11 | | (12) All nominating petitions shall be available for | 12 | | public inspection
and shall be preserved for a period of | 13 | | not less than 6 months.
| 14 | | (Source: P.A. 99-221, eff. 7-31-15; 100-1027, eff. 1-1-19 .)
| 15 | | Section 10. The Sanitary District Act of 1917 is amended by | 16 | | changing Section 3 as follows:
| 17 | | (70 ILCS 2405/3) (from Ch. 42, par. 301)
| 18 | | Sec. 3. Board of trustees; creation; term. A board of | 19 | | trustees shall be created, consisting of 5 members
in any | 20 | | sanitary district which includes one or more municipalities | 21 | | with
a population of over 90,000 but less than 500,000 | 22 | | according to the most
recent Federal census, and consisting of | 23 | | 3 members in any other district.
However, the board of trustees | 24 | | for the Fox River Water Reclamation District, the Sanitary |
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| 1 | | District of Decatur, and the Northern Moraine Wastewater | 2 | | Reclamation District
shall each consist of 5 members. Each | 3 | | board of trustees shall be created for the
government, control | 4 | | and management of the affairs and business of each
sanitary | 5 | | district organized under this Act shall be created in the
| 6 | | following manner:
| 7 | | (1) If the district's corporate boundaries are located | 8 | | wholly within a single county, the
presiding officer of the | 9 | | county board, with the advice and consent of
the county | 10 | | board, shall appoint the trustees for the district;
| 11 | | (2) If the district's corporate boundaries are located | 12 | | in more than one county, the members
of the General | 13 | | Assembly whose legislative districts encompass any
portion | 14 | | of the district shall appoint the trustees for the | 15 | | district.
| 16 | | In any sanitary district which shall have a 3 member board | 17 | | of trustees,
within 60 days after the adoption of such act, the | 18 | | appropriate
appointing authority shall appoint three trustees | 19 | | not more than 2 of
whom shall be from one incorporated city, | 20 | | town or village in districts
in which are included 2 or more | 21 | | incorporated cities, towns or villages,
or parts of 2 or more | 22 | | incorporated cities, towns or villages, who shall
hold their | 23 | | office respectively for 1, 2 and 3 years, from the first
Monday | 24 | | of May next after their appointment and until their successors
| 25 | | are appointed and have qualified, and thereafter on or before | 26 | | the second
Monday in April of each year the appropriate |
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| 1 | | appointing authority shall
appoint one trustee whose term shall | 2 | | be for 3 years commencing the first
Monday in May of the year | 3 | | in which he is appointed. The
length of the term of the first | 4 | | trustees shall be determined by lot at
their first meeting.
| 5 | | In the case of any sanitary district created after January | 6 | | 1, 1978 in which
a 5 member board of trustees is required, the | 7 | | appropriate appointing authority
shall appoint 5 trustees, one | 8 | | of whom shall hold office for one year, two
of whom shall hold | 9 | | office for 2 years, and 2 of whom shall hold office for
3 years | 10 | | from the first Monday of May next after their respective | 11 | | appointments
and until their successors are appointed and have | 12 | | qualified. Thereafter,
on or before the second Monday in April | 13 | | of each year the appropriate
appointing authority shall appoint | 14 | | one trustee or 2 trustees, as shall be
necessary to maintain a | 15 | | 5 member board of trustees, whose terms shall be for 3
years
| 16 | | commencing the first Monday in May of the year in which they | 17 | | are respectively
appointed. The length of the terms of the | 18 | | first trustees shall be determined
by lot at their first | 19 | | meeting.
| 20 | | In any sanitary district created prior to January 1, 1978 | 21 | | in which a
5 member board of trustees is required as of January | 22 | | 1, 1978,
the two trustees already serving terms which do not | 23 | | expire on May 1, 1978
shall continue to hold office for the | 24 | | remainders of their respective terms,
and 3 trustees shall be | 25 | | appointed by the appropriate appointing authority
by April 10, | 26 | | 1978 and shall hold office for terms beginning May 1, 1978.
Of |
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| 1 | | the three new trustees, one shall hold office for 2 years and 2 | 2 | | shall
hold office for 3 years from May 1, 1978 and until their | 3 | | successors are
appointed and have qualified. Thereafter, on or | 4 | | before the second Monday
in April of each year the appropriate | 5 | | appointing authority shall appoint
one trustee or 2 trustees, | 6 | | as shall be necessary to maintain a 5 member
board of trustees, | 7 | | whose terms shall be for 3 years commencing the first
Monday in | 8 | | May of the year in which they are respectively appointed. The
| 9 | | lengths of the terms of the trustees who are to hold office | 10 | | beginning May
1, 1978 shall be determined by lot at their first | 11 | | meeting after May 1, 1978.
| 12 | | No more than 3 members of a 5 member board of trustees may | 13 | | be of the same
political party; except that in any sanitary | 14 | | district which otherwise
meets the requirements of this Section | 15 | | and which lies within 4 counties of the
State of Illinois or, | 16 | | prior to April 30, 2008, in the Fox River Water Reclamation | 17 | | District; the
appointments of the 5 members of the board of | 18 | | trustees
shall be made without regard to political party. | 19 | | Beginning with the appointments made on April 30, 2008, all | 20 | | appointments to the board of trustees of the Fox River Water | 21 | | Reclamation District shall be made so that no more than 3 of | 22 | | the 5 members are from the same political party.
| 23 | | Beginning with the 2021 municipal election, the board of | 24 | | trustees of the Fox Metro Water Reclamation District shall be | 25 | | elected as provided in this paragraph. The election of trustees | 26 | | shall be in accordance with Section 2A-1.1 of the Election |
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| 1 | | Code. Any board member serving on the effective date of this | 2 | | amendatory Act of the 101st General Assembly whose term does | 3 | | not expire in 2021 shall serve until his or her successor is | 4 | | elected and qualified. The board of trustees of the Fox Metro | 5 | | Water Reclamation District shall: on or before January 1, 2020, | 6 | | divide the Fox Metro Water Reclamation District into 5 trustee | 7 | | districts and assign the trustee districts to reflect the | 8 | | results of the most recent federal decennial census; and | 9 | | thereafter, in the year following each decennial census, | 10 | | redistrict the trustee districts to reflect the results of the | 11 | | most recent census. The board of trustees shall consist of 1 | 12 | | elected trustee in each trustee district. A petition for | 13 | | nomination for election of a trustee of the Fox Metro Water | 14 | | Reclamation District shall contain at least 100 signatures of | 15 | | registered voters residing within the Fox Metro Water | 16 | | Reclamation District. The trustees shall be elected for | 17 | | staggered terms at the election as provided by the Election | 18 | | Code. Two trustees shall be elected at the 2021 election, and 3 | 19 | | trustees shall be elected at the following consolidated | 20 | | election. Elected trustees shall take office on the first | 21 | | Tuesday after the first Monday in the month following the month | 22 | | of their election and shall hold their offices for 4 years and | 23 | | until their successors are elected and qualified. If a vacancy | 24 | | occurs before the 2021 election on the board of trustees of the | 25 | | Fox Metro Water Reclamation District: (i) the District Manager | 26 | | shall, no later than 7 days from the date of the vacancy, |
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| 1 | | notify the State legislators representing any portion of the | 2 | | District, publish notification of the vacancy on the District's | 3 | | website, and send notification of the vacancy to local | 4 | | newspapers, radio stations, and television stations; (ii) each | 5 | | notification published or sent shall contain instructions on | 6 | | how to apply to the District Manager for the vacant trustee | 7 | | position; (iii) applications for the vacancy shall be accepted | 8 | | for at least 30 days after the date the notification of the | 9 | | vacancy was published and sent; (iv) applications for the | 10 | | vacancy shall include a letter of interest and resume; (v) once | 11 | | the application period has closed, the District Manager shall | 12 | | forward all applications received to the State legislators | 13 | | notified of the vacancy in item (i); (vi) the President of the | 14 | | board of trustees and the District Manager shall hold a public | 15 | | meeting with the State legislators notified of the vacancy to | 16 | | review all applications and, by unanimous vote of all State | 17 | | legislators representing any portion of the District, select a | 18 | | candidate to fill the trustee vacancy; and (vii) the board of | 19 | | trustees shall appoint the selected candidate at the next board | 20 | | of trustees meeting. If a vacancy exists after the 2021 | 21 | | election on the board of trustees of the Fox Metro Water | 22 | | Reclamation District, the vacancy shall be filled by | 23 | | appointment by the president of the board of trustees, with the | 24 | | advice and consent of the members of the board of trustees, | 25 | | until the next regular election at which trustees of the | 26 | | district are elected, and shall be made a matter of record in |
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| 1 | | the office of the county clerk in the county where the district | 2 | | is located; for a vacancy filled by appointment, the portion of | 3 | | the unexpired term remaining after the next regular election at | 4 | | which trustees of the district are elected shall be filled by | 5 | | election, as provided for in this paragraph. | 6 | | Within 60 days after the release of Federal census | 7 | | statistics showing that
a sanitary district having a 3 member | 8 | | board of trustees contains one
or more municipalities with a | 9 | | population over 90,000 but less than 500,000,
or, for the | 10 | | Northern Moraine Wastewater Reclamation District, within 60 | 11 | | days after the effective date of this amendatory Act of the | 12 | | 95th General Assembly, the appropriate appointing authority | 13 | | shall appoint 2 additional trustees
to the board of trustees, | 14 | | one to hold office for 2 years and one to hold
office for 3 | 15 | | years from the first Monday of May next after their appointment
| 16 | | and until their successors are appointed and have qualified. | 17 | | The lengths
of the terms of these two additional members shall | 18 | | be determined by lot
at the first meeting of the board of | 19 | | trustees held after the additional
members take office. The | 20 | | three trustees already holding office in the sanitary
district | 21 | | shall continue
to hold office for the remainders of their | 22 | | respective terms. Thereafter,
on or before the second Monday in | 23 | | April of each year the appropriate appointing
authority shall | 24 | | appoint one trustee or 2 trustees, as shall be necessary
to | 25 | | maintain a 5 member board of trustees, whose terms shall be for | 26 | | 3 years
commencing the first Monday in May of the year in which |
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| 1 | | they are respectively
appointed.
| 2 | | If any sanitary district having a 5 member board of | 3 | | trustees shall cease
to contain one or more municipalities with | 4 | | a population over 90,000 but
less than 500,000 according to the | 5 | | most recent Federal census, then, for
so long as that sanitary | 6 | | district does not contain one or more such
municipalities,
on | 7 | | or before the second Monday in April of each year the | 8 | | appropriate appointing
authority shall
appoint one trustee | 9 | | whose term shall be for 3 years commencing the first
Monday in | 10 | | May of the year in which he is appointed. In districts which
| 11 | | include 2 or more incorporated cities, towns, or villages, or | 12 | | parts of 2
or more incorporated cities, towns, or villages, all | 13 | | of the trustees shall
not be from one incorporated city, town | 14 | | or village.
| 15 | | If a vacancy occurs on any board of trustees, the | 16 | | appropriate appointing
authority shall within 60 days appoint a | 17 | | trustee who shall hold office for
the remainder of the vacated | 18 | | term.
| 19 | | The appointing authority shall require each of the trustees | 20 | | to enter
into bond, with security to be approved by the | 21 | | appointing authority, in
such sum as the appointing authority | 22 | | may determine.
| 23 | | A majority of the board of trustees shall constitute a | 24 | | quorum but a
smaller number may adjourn from day to day. No | 25 | | trustee or employee of
such district shall be directly or | 26 | | indirectly interested in any
contract, work or business of the |
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| 1 | | district, or the sale of any article,
the expense, price or | 2 | | consideration of which is paid by such district;
nor in the | 3 | | purchase of any real estate or property belonging to the
| 4 | | district, or which shall be sold for taxes or assessments, or | 5 | | by virtue
of legal process at the suit of the district. | 6 | | Provided, that nothing
herein shall be construed as prohibiting | 7 | | the appointment or selection of
any person as trustee or | 8 | | employee whose only interest in the district is
as owner of | 9 | | real estate in the district or of contributing to the
payment | 10 | | of taxes levied by the district. The trustees shall have the
| 11 | | power to provide and adopt a corporate seal for the district.
| 12 | | Notwithstanding any other provision in this Section, in any | 13 | | sanitary
district created prior to the effective date of this | 14 | | amendatory Act of
1985, in which a five member board of | 15 | | trustees has been appointed and which
currently includes one or | 16 | | more municipalities with a population of over
90,000 but less | 17 | | than 500,000, the board of trustees shall consist of five
| 18 | | members. | 19 | | Except as otherwise provided for vacancies, in the event | 20 | | that the appropriate appointing authority fails to appoint a | 21 | | trustee under this Section, the appropriate appointing | 22 | | authority shall reconvene and appoint a successor on or before | 23 | | July 1 of that year.
| 24 | | (Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law. |
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