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90_HB2073 70 ILCS 405/10 from Ch. 5, par. 115 70 ILCS 405/14 from Ch. 5, par. 119 70 ILCS 405/19 from Ch. 5, par. 124 70 ILCS 405/23 from Ch. 5, par. 128 70 ILCS 405/26a from Ch. 5, par. 131a 70 ILCS 405/26a.1 from Ch. 5, par. 131a-1 70 ILCS 405/26a.4 from Ch. 5, par. 131a-4 70 ILCS 405/26b.3 from Ch. 5, par. 131b-3 70 ILCS 405/26b.6 from Ch. 5, par. 131b-6 70 ILCS 405/32 70 ILCS 405/8 rep. 70 ILCS 405/9 rep. 70 ILCS 405/11 rep. 70 ILCS 405/12 rep. 70 ILCS 405/13 rep. 70 ILCS 405/17 rep. 70 ILCS 405/19.01 rep. 70 ILCS 405/20 rep. 70 ILCS 405/20.01 rep. 70 ILCS 405/28 rep. 70 ILCS 405/29 rep. 70 ILCS 405/30 rep. Amends the Soil and Water Conservation Districts Act. Provides that the Department of Agriculture shall divide into districts all territory not already part of a soil and water conservation district. Provides for the election of district directors at a nonpartisan election and includes the district referendums within the provisions of the Election Code (now both governed by the Department, owners of land, and occupiers of land). Makes other changes. LRB9004209PTcw LRB9004209PTcw 1 AN ACT concerning soil and water conservation districts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Soil and Water Conservation Districts Act 5 is amended by changing Sections 10, 14, 19, 23, 26a, 26a.1, 6 26a.4, 26b.3, 26b.6, and 32 as follows: 7 (70 ILCS 405/10) (from Ch. 5, par. 115) 8 Sec. 10. Findings and determinations of Department. 9 Within 6 months after the effective date of this amendatory 10 Act of 1997,After such hearing, ifthe Departmentdetermines11upon the facts presented at such hearing and upon such other12relevant facts and information as may be available that there13is need in the interest of the public health, safety, and14welfare, for a soil and water conservation district to15function in the territory considered at the hearing, it shall16make and record such determination andshall define by metes 17 and bounds, or by legal subdivisions, the boundaries of the 18 existing soil and water conservation districts and shall 19 divide by defining in the same manner the remaining territory 20 of the State into soil and water conservation districtssuch21district. In making thesuchdetermination and in defining 22 thesuchboundaries of the remaining territory, the 23 Department shall give due weight and consideration to the 24 following matters thatwhichare hereby stated to be the 25 standards thatwhichshall guide the considerations of the 26 Department: The topography of the area considered and of the 27 State; the composition of soils therein; the distribution of 28 erosion; the prevailing land use practices; the desirability 29 and necessity of including within the boundaries the 30 particular lands under consideration and the benefits the 31suchlands may receive from being included within thesuch-2- LRB9004209PTcw 1 boundaries; the relation of the proposed area to existing 2 watersheds and agricultural regions and to other soil 3 conservation districts already organized or proposed for 4 organization under the provisions of this Act, andsuchother 5 physical, geographical, and economic factors as are relevant. 6 The territory to be included within thesuchboundaries need 7 not be contiguous. No territory shall be included within the 8 boundaries of more than one district. In cases where 9 territory is proposed to be added to an existing district, 10 the Department shall also consider the attitude of the 11 district directors as expressedat the hearing,by resolution 12 or otherwise. 13If the Department determines after such hearing, and14after due consideration of the above-mentioned facts and15standards that there is no need for a soil and water16conservation district for the territory considered at the17hearing, it shall record such determination and deny the18petition. No subsequent petitions covering the same or19substantially the same territory shall be filed as aforesaid20until after the expiration of one year from the date of such21denial.22 (Source: Laws 1961, p. 530.) 23 (70 ILCS 405/14) (from Ch. 5, par. 119) 24 Sec. 14. Organization of district. The DepartmentIf the25Department shall determine that the operation of the proposed26district is administratively practicable and feasible, it27 shall appoint in a timely manner 2 temporary directors in 28 each of the districts created after the effective date of 29 this amendatory Act of 1997, who shall hold office until the 30 election and qualification of the permanent board of 31 directors as provided in Section 19. TheSuchdistrict shall 32 be a public body corporate and politic, upon the taking of 33 the following proceedings: -3- LRB9004209PTcw 1 The 2 temporary directors shall present to the Secretary 2 of State an application signed by them, which shall set forth 3 (and thesuchapplication need contain no detail other than 4 the mere recitals): (1)that a petition for the creation of5the district was filed with the Department pursuant to the6provisions of this Act, and that the proceedings specified in7this Act were taken pursuant to such petition;that the 8 application is being filed in order to complete the 9 organization of the district as a public body, corporate and 10 politic, under this Act; that the Department has appointed 11 them as temporary directors; (2) the name and official 12 residence of each of the temporary directors; (3) the name 13 thatwhichis proposed for the district; and (4) the location 14 of the principal office of the district. The application 15 shall be subscribed and sworn to by each of thesaid16 temporary directors before an officer authorized by the laws 17 of this State to take acknowledgments of deeds, who shall 18 certify upon the application that he or she personally knows 19 the temporary directors and knows them to be the officers as 20 affirmed in the application, and that each has subscribed 21 thereto in the officer's presence. The application shall be 22 accompanied by a statement by the Department, which shall 23 certify (and thesuchstatement need contain no detail other 24 than the mere recitals)that a petition was filed, notice25issued, and hearing held as aforesaid;that the Department 26did duly determine that there is need, in the interest of the27public health, safety, and welfare, for a soil and water28conservation district to function in the proposed territory29anddid define the boundariesthereof; that notice was given30and a referendum held on the question of the creation of such31district; and that a majority of the owners of land lying32within the district voted in favor of the creation of the33district; that thereafter the Department did duly determine34that the operation of the proposed district is-4- LRB9004209PTcw 1administratively practicable and feasibleand that 2 2 temporary directors, naming them, were duly appointed. The 3saidstatement shall set forth the boundaries of the district 4 as they have been defined by the Department. 5 (Source: Laws 1961, p. 530.) 6 (70 ILCS 405/19) (from Ch. 5, par. 124) 7 Sec. 19. Governing body of district. 8 (a) The governing body of the district shall consist of 9 5 directors,who shall be owners or occupiers of lands within 10 the district in which they serve. 11Five directors shall be elected before March 1 in the12year 1948, three of whom shall serve until the first Monday13of March, 1950, and the remaining two shall serve until the14first Monday of March, 1949. Successive elections shall be15held before March 1 of each year and each director so elected16shall serve during the two-year period commencing with the17first Monday in March of the year in which he was elected.18 (b) Any vacancy in the office of director may be filled 19 by appointment by the remaining directors. The person so 20 appointed shall hold office until the next election at which 21 a member of the governing board of the district is elected. 22 At thesuchelection a person shall be elected to fill the 23 vacancy, if there is sufficient time to meet the requirements 24 for nomination. Otherwise, the person appointed to fill the 25 vacancy shall hold office until the expiration of the term of 26 the director whom he or she succeeded. 27 (c) After the effective date of this amendatory Act of 28 1997, the 5 directors of each district shall be elected at a 29 nonpartisan election, and the Election Code shall apply to 30 and govern their nomination and election. No party 31 designation shall appear on the ballot. The terms of these 32 directors shall commence on the first Monday of December 33 following their election. The terms of the directors and -5- LRB9004209PTcw 1 temporary directors previously elected or appointed shall 2 expire on the first Monday of December following the 3 election. At the first meeting of the directors, they shall 4 divide themselves by lot into 2 groups. Directors from the 5 first group shall serve 4-year terms, and directors from the 6 second group shall serve 2-year terms. The successors of each 7 group shall be elected to 4-year terms. 8 (Source: P.A. 76-110.) 9 (70 ILCS 405/23) (from Ch. 5, par. 128) 10 Sec. 23. Adoption of land-use regulations. The directors 11 of any district shall have authority to formulate regulations 12 governing the use of lands within the district in the 13 interest of conserving soil, soil resources, water, and water 14 resources and preventing and controlling soil erosion and 15 erosion, floodwater, and sediment damages. The directors 16 shall conductsuchpublic meetings and public hearings upon 17 tentative regulations as may be necessary to assist them in 18 this work. The directors shall not have authority to enact 19 thesuchland-use regulations into law until after they 20 submit the regulations to the district voters for approval. 21 The directors shall certify the question to the appropriate 22 election authority who shall submit the regulation to the 23 voters of the district at a referendum according to the 24 Election Code. The Election Code shall apply to and govern 25 the referendumshall have caused due notice to be given of26their intention to conduct a referendum for submission of27such regulations to the land owners within the boundaries of28the district for their approval or disapproval of such29proposed regulations, shall have held such referendum, and30shall have considered the result of such referendum. The31proposed regulations shall be embodied in a proposed32ordinance. Copies of thesuchproposed ordinance shall be 33 filed with the Department for an expression of opinion. The -6- LRB9004209PTcw 1 opinion of the Department and any statement it may issue with 2 reference thereto shall be made known to the votersownersin 3 thesuchdistrict at least 10 days prior to the date of any 4 referendum thereon. Copies of thesuchproposed ordinance 5 shall be available for distribution among, and inspection by 6 owners and occupiers of land in the district during the 7 period between publications of thesuchnotice and the date 8 of the referendum. The notices of the referendum shall 9 recite the contents of thesuchproposed ordinance and shall 10 state where copies of thesuchproposed ordinance may be 11 examined or obtained. The question shall be submitted by 12 ballots, upon which the words "For approval of proposed 13 ordinance No....., prescribing land-use regulations for 14 conservation of soil and water and prevention of erosion" and 15 "Against approval of proposed ordinance No....., prescribing 16 land-use regulations for conservation of soil and water and 17 prevention of erosion" shall appear, with a square before 18 each proposition and a direction to insert an X mark in the 19 square before one or the other of those propositions. A 20 summary or digest of the provisions of the proposed ordinance 21 shall also appear on thesuchballots. VotesThe directors22shall supervise such referendum, shall prescribe appropriate23regulations governing the conduct thereof, and shall publish24the result thereof. All the owners of land within the25district shall be eligible to vote in such referendum and26each shall have one vote. Such votemay be cast in person or 27 by absentee ballot.No informalities in the conduct of such28referendum or in any matters relating thereto shall29invalidate such referendum or the result thereof if notice30thereof shall have been given substantially as herein31provided and such referendum shall have been fairly32conducted.33 The directors shall not have authority to enact thesuch34 proposed ordinance into law unless at least three-fourths of -7- LRB9004209PTcw 1 the votersowners of land voting in such referendumshall 2 vote in thesuchreferendum for approval of the proposed 3 ordinance. The approval of the proposed ordinance by 4 three-fourths of the votersland ownersvoting on the 5 proposition shallnotbe deemed to require the directors to 6 enact thesuchproposed ordinance into law. Land-use 7 regulations prescribed in ordinances adopted pursuant to this 8 Section by the directors of any district shall have the force 9 and effect of law in the district and shall be binding and 10 obligatory upon all owners of lands within thesuchdistrict. 11 Any owner of land within thesuchdistrict may at any 12 time file a petition with the directors asking that any or 13 all of the land-use regulations prescribed in any ordinance 14 adopted by the directors under this Section shall be amended, 15 supplemented, or repealed. Land-use regulations prescribed in 16 any ordinance adopted pursuant to this Section shall not be 17 amended, supplemented, or repealed except in accordance with 18 the procedure prescribed in this Section for adoption of 19 land-use regulations. Referenda on adoption, amendment, 20 supplementation, or repeal of land-use regulations shall not 21 be held more often than once in 6 months. 22 The regulations to be adopted by the directors under this 23 Section may include: 24 1. Provisions requiring the carrying out of 25 necessary engineering operations, including the 26 construction of terraces, terrace outlets, check dams, 27 dikes, ponds, ditches, and other necessary structures. 28 2. Provisions requiring observation of particular 29 methods of cultivation including contour cultivating, 30 contour furrowing, strip cropping, seeding, and planting 31 of lands to water-conserving and erosion-preventing 32 plants, trees, grasses, forestation, and reforestation. 33 3. Provisions requiring the permanent retirement 34 from cultivation of highly erosive areas or of areas on -8- LRB9004209PTcw 1 which erosion cannot be adequately controlled if 2 cultivation is carried on. 3 4. Provisions for such other means, measures, 4 operations, and programs as may assist conservation of 5 soil and water resources and prevent or control soil 6 erosion in the district. 7 5. Provisions prohibiting the clear cutting of 8 trees within 30 feet of any navigable waters, except for 9 trees that are included in a forestry management plan 10 approved by the Division of Forest Resources of the 11 Department of Natural Resources. However, these 12 provisions shall not prohibit clear cutting incidental to 13 any project, activity or program that has been permitted, 14 licensed, certified, or approved by an agency of federal, 15 State, or local government. For the purpose of this item 16 5, "navigable waters" means public waters that are usable 17 for water commerce. 18 However, these provisions shall not prohibit a public 19 utility from maintaining its transmission facilities and 20 rights of way. 21 The regulations shall be uniform throughout the territory 22 comprised within the district except that the directors may 23 classify the lands within the district with reference to such 24 factors as soil type, degree of slope, degree of erosion 25 threatened or existing, cropping, and tillage practices in 26 use, and other relevant factors, and may provide regulations 27 varying with the type or class of land affected, but uniform 28 as to all lands within each class or type. Copies of land-use 29 regulations adopted under this Section shall be printed and 30 made available to all owners and occupiers of lands lying 31 within the district. 32 (Source: P.A. 89-445, eff. 2-7-96.) 33 (70 ILCS 405/26a) (from Ch. 5, par. 131a) -9- LRB9004209PTcw 1 Sec. 26a. Consolidation. Any 25 or more owners of lands 2 lying within the boundaries of any district organized under 3 the provisions of this Act may file, with the Department, a 4 petition proposing the consolidation of thesuchdistrict 5 with one or more adjoining soil conservation districts. The 6Suchpetition shall set forth: (1) the names of the districts 7 proposed to be consolidated, and (2) the proposed name of the 8 consolidated district. 9 Within 30 days after thesuchpetition is filed the 10 Department shall submit the proposal to the directors of each 11 district proposed to be consolidated. The Directors of each 12suchdistrict, shall within 30 days thereafter, adopt and 13 forward to the Department a resolution approving or 14 disapproving the proposed consolidation. 15 If the directors of all of thesaiddistricts approve the 16 proposals to consolidate thesuchdistricts, the Department 17 shall certify the proposition to the appropriation election 18 authorities who shall submit the proposition to the voters of 19 each district for approval.it shall be the duty of the20Department to give 10 days notice of the holding of a21referendum by causing such notice to be published at least22once in one or more newspapers having general circulation23within the district and to hold a referendum within each such24district upon the proposition or the proposed consolidation.25Except as otherwise provided in this Act,The proposition 26 shall be submitted in accordance withSection 28-3 ofthe 27 Election Code. 28 The question at thesuchreferendum shall be submitted 29 upon ballots in substantially the following form: 30 ------------------------------------------------------------- 31 Place an X in the square opposite the proposition for which 32 you desire to vote. 33 ------------------------------------------------------------- 34 For approval of the proposed -10- LRB9004209PTcw 1 consolidation of (here insert names 2 of districts to be consolidated) 3 into one soil and water 4 conservation district. 5 ------------------------------------------------------------- 6 Against approval of the 7 proposed consolidation of (here 8 insert names of districts to be 9 consolidated) into one soil and 10 water conservation district. 11 ------------------------------------------------------------- 12Only owners or occupiers of land, or both, lying within13the districts are eligible to vote in such referendum and14each shall have one vote. EligibleVoters may vote in person 15 or by absentee ballot. 16 If a majority of the votes cast in the referendum in each 17 of thesuchdistricts are cast in favor of the proposed 18 consolidationand if the Department determines that such19consolidation is administratively practicable and feasible, 20 the Chairmen of the directors of thesaiddistricts shall 21 present to the Secretary of State through the Department an 22 application for a certificate of organization of the 23 consolidated district. The application shall be signed and 24 sworn to by all of thesaidchairmen, and shall set forth the 25 names of the constituent districts, the proposed name of the 26 consolidated district, and the location of the office of the 27 consolidated district. Thesaidapplication shall be 28 accompanied by the statement from the Department which shall 29 set forth (and thesuchstatement need contain no details 30 other than the mere recitals) that a petition for the 31 consolidation of thesaiddistrict was filed, that the 32 proposed consolidation was, by resolution, approved by the 33 governing bodies of all of thesuchdistricts, that a 34 referendum was held in each of thesaiddistricts on the -11- LRB9004209PTcw 1 question of the proposed consolidation, and that the result 2 of thesuchreferendum showed a majority of the votes cast in 3 each district to be in favor of the proposed consolidation. 4 The Secretary of State shall receive and file thesuch5 application and statement and shall record them in an 6 appropriate book of record in thehisoffice. When the 7 application and statements have been made, filed, and 8 recorded as herein provided, the consolidation of thesuch9 districts shall be deemed affected and the consolidated 10 district shall constitute a public body, corporate and 11 politic, vested with all the power of soil and water 12 conservation districts. The Secretary of State shall make and 13 issue to the signers of the application a certificate, under 14 the seal of the State, of the due organization of thesaid15 consolidated district, and shall record thesuchcertificate 16 with the application and statement. A copy of the statement 17 and certificate of organization, duly certified by the 18 Secretary of State, shall be recorded with the recorder of 19 the county in which the office of the consolidated district 20 is located. 21 Upon a consolidation of districts, the directors of all 22 thesuchdistricts shall continue to hold office and serve as 23 a temporary governing body of the consolidated district until 24 the members of a permanent governing body have been elected 25 and have qualified. The provisions of Sections 19, 20and 21 26 of this Act that relate to the number, and to the nomination, 27 election, and organization of members of the governing bodies 28 of soil and water conservation districts shall govern the 29 selection of the members of the permanent governing body of a 30 consolidated district. 31 Upon the issuance, by the Secretary of State, of a 32 certificate of organization to a consolidated district, 33 property belonging to the constituent district shall become 34 the property of the consolidated district. All contracts -12- LRB9004209PTcw 1 theretofore entered into, to which the constituent districts 2 are parties, shall remain in force and effect for the period 3 provided in thesuchcontracts. The consolidated districts 4 shall be substituted for each constituent district as party 5 to thesuchcontracts, and shall be entitled to all benefits 6 and subject to all liabilities under thesuchcontracts and 7 shall have the same right and liability to perform, to 8 require performance, to sue and to be sued thereon, and to 9 modify or terminate thesuchcontracts by mutual consent or 10 otherwise, as the constituent district would have had. Any 11 indebtedness, claim, demand, or right owing or belonging to 12 any of the constituent districts shall vest in and become due 13 to the consolidated district, which shall have the right to 14 demand, sue for, recover, and enforce the same in its own 15 name. Upon a consolidation of districts, all land-use 16 regulations theretofore adopted and in force and effect 17 within any of the constituent districts shall remain in force 18 and effect throughout the territory for which they were 19 originally adopted, until repealed, amended, supplemented, or 20 superseded by action of the consolidated district. 21 (Source: P.A. 83-358.) 22 (70 ILCS 405/26a.1) (from Ch. 5, par. 131a-1) 23 Sec. 26a.1. Division of districts. Any 25 or more owners 24 of lands lying within the boundaries of any district 25 organized under this Act which lies in more than one county 26 may file with the Department a petition proposing the 27 division of the district into 2 or more districts along 28 county lines. TheSuchpetition shall set forth: 29 (1) The name of the district proposed to be divided.,30 (2) The proposed names of the districts to be formed 31 from it. 32 (3) The proposed boundaries of each of the districts to 33 be formed. -13- LRB9004209PTcw 1 The petition shall be accompanied by an inventory of the 2 property belonging to the district and of its liabilities and 3 a proposed plan for a division of these assets and 4 liabilities between or among the districts proposed to be 5 formed. 6 Within 30 days after thesuch apetition is filed, the 7 Department shall submit the proposal to the directors of the 8 district proposed to be divided. The directors shall within 9 30 days thereafter adopt and submit to the Department a 10 resolution approving or disapproving the proposed division. 11 If the directors disapprove the proposed division, the 12 petition shall be denied. If the directors favor the proposed 13 division, the Department shall certify the proposition to the 14 appropriate election authorities who shall submit the 15 proposition to the voters of the district at a referendum. 16Department shall give 10 days notice of the holding of a17referendum by causing such notice to be published at least18once in one or more newspapers having general circulation19within the district and hold a referendum within the district20upon the question of the proposed division. Except as21otherwise provided in this Act,The proposition shall be 22 submitted in accordance withSection 28-3 ofthe Election 23 Code. The proposition shall be submitted upon ballots in 24 substantially the following form: 25 ------------------------------------------------------------- 26 Place an in the square opposite the 27 proposition for which you wish to vote. 28 ------------------------------------------------------------- 29 For the division of the .... 30 Soil and Water Conservation District in- 31 to the .... and .... 32 Soil and Water Conservation Districts 33 with the boundaries described below. 34 ------------------------------------------------------------- -14- LRB9004209PTcw 1 Against the division of the .... 2 Soil and Water Conservation District in- 3 to the .... and .... 4 Soil and Water Conservation Districts 5 with the boundaries described below. 6 ------------------------------------------------------------- 7 (Here insert descriptions of proposed new districts.) 8 ------------------------------------------------------------- 9 VotesOnly owners or occupiers of land, or both, lying10within the district are eligible to vote in the referendum.11Such votemay be cast in person or by absentee ballot. 12 (Source: Laws 1961, p. 530.) 13 (70 ILCS 405/26a.4) (from Ch. 5, par. 131a-4) 14 Sec. 26a.4. Directors of a divided district. Upon a 15 division of a district, the directors of the divided district 16 shall continue to hold office and serve as a temporary 17 governing body of each of the new districts until the members 18 of a permanent governing body for each of the new districts 19 have been elected and have qualified. The provisions of 20 Sections 19, 20and 21 of this Act that relate to the number, 21 and to the nomination, election, and organization of members 22 of the governing bodies of soil and water conservation 23 districts shall govern the selection of the members of the 24 permanent governing body for each of the new districts. 25 (Source: Laws 1961, p. 530.) 26 (70 ILCS 405/26b.3) (from Ch. 5, par. 131b-3) 27 Sec. 26b.3. Referendum. If the directors determine that 28 the petition meets the requirements of Section 26b.1 and 29 Section 26b.2, they shall, within 30 days after the 30 conclusion of the hearing, certify the petition to the 31 appropriate election authority who shall submit the question 32 to the voters of the district at a referendum.give 10 days-15- LRB9004209PTcw 1notice of the holding of a referendum by causing such notice2to be published at least once in one or more newspapers3having general circulation within the subdistrict. Except as4otherwise provided in this Act,The proposition shall be 5 submitted in accordance withSection 28-3 ofthe Election 6 Code. The proposition shall be submitted upon ballots in 7 substantially the following form: 8 ------------------------------------------------------------- 9 Place an X in the square opposite the 10 proposition for which you wish to vote. 11 ------------------------------------------------------------- 12 For organization of the subdistrict of the .......... 13 Soil and Water Conservation 14 District or Districts, described 15 below including the levy of an annual 16 tax of not in excess of .125% of the full, 17 cash value of all taxable property in 18 such subdistrict. 19 ------------------------------------------------------------- 20 Against organization of the subdistrict of the ....... 21 Soil and Water Conservation District or Districts, 22 described below including the levy of an 23 annual tax of not in excess of .125% of 24 the full, cash value of all taxable property 25 in such subdistrict. 26 ------------------------------------------------------------- 27 (Here insert description of proposed subdistrict.) 28 ------------------------------------------------------------- 29 All legal voters within a proposed subdistrict may vote 30 and if a majority of the votes cast in the referendum are 31 cast in favor of the proposed subdistrict, the directors 32 shall declare that the subdistrict is duly organized, and 33 shall record thesuchfact in their official minutes, 34 together with an appropriate official name or designation for -16- LRB9004209PTcw 1 the subdistrict. 2 (Source: P.A. 84-1308.) 3 (70 ILCS 405/26b.6) (from Ch. 5, par. 131b-6) 4 Sec. 26b.6 Governing body of sub-district.)The 5 governing body of any sub-district shall consist of 5 6 sub-district directors, of legal voting age, who shall be 7 owners of land within the sub-district or resident occupiers 8 of land within the sub-district, in which they serve. 9Nominating petitions shall be filedThe nomination and the 10 election of thesuchsub-district directors shall be 11 conducted and held in the manner provided in Section 1920of 12 this Act with respect to the election of directors.The 513nominees receiving the highest number of votes shall be14declared elected. After the first such election, the15sub-district directors shall be divided into 3 classes, each16consisting as nearly as may be of one-third of the entire17number of sub-district directors and one class of18sub-district directors shall be elected each year. The term19of office of the members of the first sub-district board20shall be determined by lot following their election and 221shall hold office for 3 years, 2 for 2 years and one for one22year. Their successors shall hold office for 3 years and23shall be nominated and elected, in the manner provided in24Section 20 of this Act, in the years in which the respective25terms of office of the members of the sub-district board26expire.27 The governing body of the sub-district shall designate 28 from its membership, a chairman, vice chairman, and 29 secretary-treasurer, to serve for a term of one year. 30 At the close of the fiscal year of each sub-district, a 31 report of the operations of the sub-district for the year, 32 including a report of receipts and expenditures, shall be 33 filed with the board of directors of each Soil and Water -17- LRB9004209PTcw 1 Conservation District within which the sub-district or any 2 part thereof lies. 3 Each sub-district director shall receive for his services 4 while actually engaged in the business of the sub-district, a 5 sum of not to exceed $20 per day, to be fixed by ordinance. 6 No sub-district director may receive compensation under this 7 sub-section on any day for which he or she receives 8 compensation under Section 21 of this Act. 9 (Source: P.A. 79-1003.) 10 (70 ILCS 405/32) (from Ch. 5, par. 137) 11 Sec. 32. Absentee voting. All absentee voting shall be 12 conducted in accordance with the applicable provisions of 13 Article 19 of the Election Code thatwhichare not 14 inconsistent with the provisions of this Act, except that the15Department shall be substituted for the county clerk in16instances referring to application, mailing or delivery,17folding, depositing and receipt of ballots. 18 (Source: Laws 1955, p. 189.) 19 (70 ILCS 405/8 rep.) 20 (70 ILCS 405/9 rep.) 21 (70 ILCS 405/11 rep.) 22 (70 ILCS 405/12 rep.) 23 (70 ILCS 405/13 rep.) 24 (70 ILCS 405/17 rep.) 25 (70 ILCS 405/19.01 rep.) 26 (70 ILCS 405/20 rep.) 27 (70 ILCS 405/20.01 rep.) 28 (70 ILCS 405/28 rep.) 29 (70 ILCS 405/29 rep.) 30 (70 ILCS 405/30 rep.) 31 Section 10. The Soil and Water Conservation Districts 32 Act is amended by repealing Sections 8, 9, 11, 12, 13, 17, -18- LRB9004209PTcw 1 19.01, 20, 20.01, 28, 29, and 30.