Full Text of HB6117 099th General Assembly
HB6117 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6117 Introduced 2/11/2016, by Rep. Terri Bryant SYNOPSIS AS INTRODUCED: |
| 70 ILCS 2105/4a | from Ch. 42, par. 386a |
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Amends the River Conservancy Districts Act. Provides that trustees shall be appointed as follows: (1) for municipalities in the district with a population of 6,500 or more, one trustee shall be appointed per 6,500 in population from each municipality by the presiding officer of the municipality with the advice and consent of the corporate authorities of the municipality; and (2) for each county in the district, one trustee shall be appointed from the area within
the district outside of each municipality and one trustee shall be
appointed at large for each county, appointed by the chairperson of the county board with the advice and consent of the county board. Further provides that these requirements only apply to appointments made on and after the effective date of this amendatory Act. Effective immediately.
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| | A BILL FOR |
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| | | HB6117 | | LRB099 20478 AWJ 44993 b |
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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 River Conservancy Districts Act is amended | 5 | | by changing Section 4a as follows:
| 6 | | (70 ILCS 2105/4a) (from Ch. 42, par. 386a)
| 7 | | Sec. 4a. Every conservancy district so established shall be
| 8 | | governed by a board of trustees. In the statement finding the | 9 | | results
of the election to be favorable to the establishment of | 10 | | the district,
the circuit court shall determine and name each | 11 | | municipality within the
district having 5,000 or more | 12 | | population according to the last preceding
federal census.
| 13 | | (1) In case there is one or more municipalities having a | 14 | | population
of 5,000 or more within the district, the trustees | 15 | | shall be appointed as
follows:
| 16 | | (a) In districts organized prior to July 1, 1961, where | 17 | | there is
only one such municipality, 3 trustees shall be | 18 | | appointed from such
municipality, and one trustee shall be | 19 | | appointed from the area within
the district outside of such | 20 | | municipality, and one trustee shall be
appointed at large. | 21 | | In districts organized on and after July 1, 1961,
where | 22 | | there is only one such municipality one trustee shall be | 23 | | appointed
from such municipality, and one trustee shall be |
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| 1 | | appointed from each
county in the district, except that | 2 | | where
the district is wholly contained within a single | 3 | | county, one trustee shall
be appointed from that county and | 4 | | one additional trustee shall be appointed
from the | 5 | | municipality, and, in any case, 2 trustees shall be
| 6 | | appointed at large. A trustee appointed from a county in | 7 | | the district
shall be appointed from the area outside any | 8 | | such
municipality. If the district is located wholly within | 9 | | the corporate
limits of such municipality, 3 of the | 10 | | trustees of the district shall be
appointed from such | 11 | | municipality, and 2 trustees shall be appointed at
large. | 12 | | In a district wholly contained within a single county of | 13 | | between
60,500 and 70,000 population and having no more | 14 | | than one municipality of 5,000
or more population, | 15 | | regardless of the date of organization, 3 trustees shall be
| 16 | | appointed from that municipality, 2 trustees shall be | 17 | | appointed from the
district outside that municipality, and | 18 | | 2 trustees shall be appointed at
large. No more than 2 | 19 | | appointments by each appointing authority may be from the
| 20 | | same political party.
| 21 | | (b) Where there are 2 or more such municipalities, one | 22 | | trustee shall
be appointed from each such municipality, one | 23 | | trustee shall be appointed
from each county in the district | 24 | | for each 50,000 population or part
thereof within the | 25 | | district in such county according to the last
preceding | 26 | | federal census, and 2 trustees shall be appointed at large. |
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| 1 | | A
trustee appointed from a county in the district shall be | 2 | | appointed from
the area outside any such municipality. If | 3 | | the district is located
wholly within the corporate limits | 4 | | of such municipalities, 2 trustees
shall be appointed from | 5 | | the one of such municipalities having the
largest | 6 | | population, and one trustee shall be appointed from each of | 7 | | the
other such municipalities, and 2 trustees shall be | 8 | | appointed at large.
| 9 | | (c) Trustees representing the area within the district | 10 | | located
outside of any municipality having 5,000 or more | 11 | | population and trustees
appointed at large when the | 12 | | district is wholly contained within a single
county shall | 13 | | be appointed by the presiding officer of the county board
| 14 | | with the advice and consent of the county board and any | 15 | | trustee
representing the area within any such municipality | 16 | | shall be appointed by
its presiding officer. If however the | 17 | | district is located in more than
one county, any trustee | 18 | | representing the area within a district located
outside of | 19 | | any municipality having 5,000 or more population and any
| 20 | | trustee at large shall be appointed by a majority vote of | 21 | | the presiding
officers of the county boards of the counties | 22 | | which encompass any part
of the district, except that no | 23 | | such appointment shall affect the term
of any trustee in | 24 | | office on the effective date of this amendatory Act of
| 25 | | 1977. Any trustee representing the area within any such | 26 | | municipality
shall be appointed by its presiding officer.
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| 1 | | (d) A trustee representing the area within any such | 2 | | municipality
shall reside within its corporate limits. A | 3 | | trustee representing the
area within the district and | 4 | | located outside of any such municipality
shall reside | 5 | | within such area. A trustee appointed at large may reside
| 6 | | either within or without any such municipality but must | 7 | | reside within
the territory of the district. Should any | 8 | | trustee cease to reside
within that part of the territory | 9 | | he represents, then his office shall
be deemed vacated, and | 10 | | shall be filled by appointment for the remainder
of the | 11 | | term as hereinafter provided.
| 12 | | (2) In case there are no municipalities having a population | 13 | | of 5,000
or more within such district located wholly within a | 14 | | single county, the
statement required by Section 1 shall | 15 | | include such finding, and in such
case the Board shall consist | 16 | | of 5 trustees who shall be appointed at
large by the presiding | 17 | | officer of the county board with the advice and
consent of the | 18 | | county board. If however the district is located in more
than | 19 | | one county, the trustees at large shall be appointed by a | 20 | | majority
vote of the presiding officers of the county boards of | 21 | | the counties
which encompass any portion of the district, but | 22 | | any trustee in office
on the effective date of this amendatory | 23 | | Act of 1977 shall be permitted
to serve out the remainder of | 24 | | his term. Each such trustee shall reside
within the district | 25 | | and shall continue to reside therein.
| 26 | | (3) All initial appointments of trustees shall be made |
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| 1 | | within 60
days after the determination of the result of the | 2 | | election. Each
appointment shall be in writing and shall be | 3 | | filed and made a matter of
record in the office of the county | 4 | | clerk wherein the organization
proceedings were filed. A | 5 | | trustee shall qualify within 10 days after
appointment by | 6 | | acceptance and the taking of the constitutional oath of
office, | 7 | | both to be in writing and similarly filed for record in the
| 8 | | office of such county clerk. Members initially appointed to the | 9 | | board
of trustees of such district shall serve from date of | 10 | | appointment for 1,
2, 3, 4 and 5 years and shall draw lots to | 11 | | determine the periods for
which they each shall serve. In case | 12 | | there are more than 5 trustees,
lots shall be drawn so that 5 | 13 | | trustees shall serve initial terms of 1,
2, 3, 4 and 5 years | 14 | | and the other trustees shall serve terms of 1, 2, 3,
4 or 5 | 15 | | years as the number of trustees shall require and the drawing | 16 | | of
lots shall determine. The successors of all such initial | 17 | | members of the
board of trustees of a river conservancy | 18 | | district shall serve for terms
of 5 years, all such | 19 | | appointments and appointments to fill vacancies
shall be made | 20 | | in like manner as in the case of the initial trustees. A
| 21 | | trustee having been duly appointed shall continue to serve | 22 | | after the
expiration of his term until his successor has been | 23 | | appointed.
Each trustee initially appointed in accordance with | 24 | | this amendatory Act of
1995 shall serve a term of 3 or 5 years | 25 | | as determined by lot.
| 26 | | (4) Should a municipality which is wholly within a district |
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| 1 | | attain,
or should such a municipality be established, having a | 2 | | population of
5,000 or more after the entry of the statement by | 3 | | the circuit court, the
presiding officer of such municipality | 4 | | may petition the circuit court of
the county in which such | 5 | | municipality lies for an order finding and
determining the | 6 | | population of such municipality and, if it is found and
| 7 | | determined upon the hearing of such petition that the | 8 | | population of such
municipality is 5,000 or more, the board of | 9 | | trustees of such district as
previously established shall be | 10 | | increased by one trustee who shall
reside within the corporate | 11 | | limits of such municipality and shall be
appointed by its | 12 | | presiding officer. The initial trustee so appointed
shall serve | 13 | | for a term of 1, 2, 3, 4 or 5 years, as may be determined by
| 14 | | lot, and his successors shall be similarly appointed and shall | 15 | | serve for
terms of 5 years. All provisions of this Section | 16 | | applicable to trustees
representing municipal areas shall | 17 | | apply to any such trustee, including
paragraph 5.
| 18 | | (5) Should the foregoing provisions respecting the | 19 | | appointment of
trustees representing the area within any | 20 | | municipality of 5,000 or more
population be invalid when | 21 | | applied to any situation, then as to such
situation any such | 22 | | provision shall be deemed to be excised from this
Act, and the | 23 | | trustee whose appointment is thus affected shall be
appointed | 24 | | at large by the presiding officer of the county board with the
| 25 | | advice and consent of the county board except if the district | 26 | | embraces
more than one county in which case the trustees shall |
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| 1 | | be appointed at
large by a majority vote of the presiding | 2 | | officers of the county boards
of the counties which encompass | 3 | | any portion of the district. | 4 | | (6) In the case of a board representing a district that | 5 | | embraces Franklin and Jefferson counties, a trustee may be | 6 | | removed for incompetence, neglect of duty, or malfeasance in | 7 | | office by the appropriate appointing presiding officer or | 8 | | officers, without the advice and consent of the corporate | 9 | | authorities, by filing a written order of removal with the | 10 | | appropriate county or municipal clerk or clerks.
| 11 | | (7) Notwithstanding any other provision of law to the | 12 | | contrary, in the case of a board representing a district that | 13 | | embraces Franklin and Jefferson counties, the terms of all | 14 | | trustees shall end on the effective date of this amendatory Act | 15 | | of the 94th General Assembly. Beginning on that date, the board | 16 | | shall consist of 7 trustees. The 7 trustees initially appointed | 17 | | pursuant to
this
amendatory Act of the 94th General Assembly | 18 | | shall be appointed in the same manner as otherwise provided in | 19 | | this Section by the appropriate appointing authority and shall | 20 | | serve the following terms, as determined by lot: (i) 2 trustees | 21 | | shall serve until July 1, 2006; (ii) 2 trustees shall serve | 22 | | until July 1, 2007; (iii) one trustee shall serve until July 1, | 23 | | 2008; (iv) one trustee shall serve until July 1, 2009; and (v) | 24 | | one trustee shall serve until July 1, 2010. Upon expiration of | 25 | | the terms of the trustees initially appointed
under this | 26 | | amendatory Act of the 94th General Assembly, their respective |
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| 1 | | successors shall be
appointed for terms of 5 years, beginning | 2 | | on July 1 of the year in which the previous term expires and | 3 | | until their respective successors are appointed and qualified. | 4 | | After the appointment of the trustees initially appointed | 5 | | pursuant to this amendatory Act of the 94th General Assembly, | 6 | | the number of trustees on the board may be increased in | 7 | | accordance with subsection (4). | 8 | | (8) Notwithstanding any other provision of law to the | 9 | | contrary, in the case of a board representing a district that | 10 | | embraces Franklin and Jefferson counties, trustees shall be | 11 | | appointed as follows: | 12 | | (a) For municipalities in the district with a | 13 | | population of 6,500 or more, one trustee shall be appointed | 14 | | per 6,500 in population from each municipality by the | 15 | | presiding officer of the municipality with the advice and | 16 | | consent of the corporate authorities of the municipality. | 17 | | (b) For each county in the district, one trustee shall | 18 | | be appointed from the area within
the district outside of | 19 | | each municipality under item (a) of this subsection. One | 20 | | trustee shall be
appointed at large for each county. | 21 | | Trustees under this item (b) shall be appointed by the | 22 | | chairperson of the county board with the advice and consent | 23 | | of the county board. | 24 | | The provisions of this subsection apply only to | 25 | | appointments made on and after the effective date of this | 26 | | amendatory Act of the 99th General Assembly. After the |
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| 1 | | appointment of the trustees initially appointed pursuant to | 2 | | this amendatory Act of the 99th General Assembly, the number of | 3 | | trustees on the board may be increased in accordance with | 4 | | subsection (4) of this Section.
| 5 | | (Source: P.A. 94-64, eff. 6-21-05.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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