State of Illinois
90th General Assembly
Legislation

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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, if the Department determines
11    upon  the facts presented at such hearing and upon such other
12    relevant facts and information as may be available that there
13    is need in the interest of the  public  health,  safety,  and
14    welfare,  for  a  soil  and  water  conservation  district to
15    function in the territory considered at the hearing, it shall
16    make and record such determination and shall 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 districts such
21    district.  In making the such determination and  in  defining
22    the   such   boundaries   of  the  remaining  territory,  the
23    Department shall give due weight  and  consideration  to  the
24    following  matters  that  which  are  hereby stated to be the
25    standards that which shall 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
31    such lands may receive from being included  within  the  such
                            -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, and such other
 5    physical, geographical, and economic factors as are relevant.
 6    The territory to be included within the such boundaries  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 expressed at the hearing, by resolution
12    or otherwise.
13        If  the  Department  determines  after  such hearing, and
14    after due consideration  of  the  above-mentioned  facts  and
15    standards  that  there  is  no  need  for  a  soil  and water
16    conservation district for the  territory  considered  at  the
17    hearing,  it  shall  record  such  determination and deny the
18    petition.  No  subsequent  petitions  covering  the  same  or
19    substantially the same territory shall be filed as  aforesaid
20    until  after the expiration of one year from the date of such
21    denial.
22    (Source: Laws 1961, p. 530.)
23        (70 ILCS 405/14) (from Ch. 5, par. 119)
24        Sec. 14. Organization of district. The Department If  the
25    Department shall determine that the operation of the proposed
26    district  is  administratively  practicable  and feasible, it
27    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. The Such district  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  the  such application need contain no detail other than
 4    the mere recitals): (1) that a petition for the  creation  of
 5    the  district  was  filed with the Department pursuant to the
 6    provisions of this Act, and that the proceedings specified in
 7    this 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    that which is 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  the said
16    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 the such statement need contain no detail other
24    than the mere recitals) that a  petition  was  filed,  notice
25    issued,  and  hearing  held as aforesaid; that the Department
26    did duly determine that there is need, in the interest of the
27    public health, safety, and welfare,  for  a  soil  and  water
28    conservation  district  to function in the proposed territory
29    and did define the boundaries thereof; that notice was  given
30    and a referendum held on the question of the creation of such
31    district;  and  that  a  majority of the owners of land lying
32    within the district voted in favor of  the  creation  of  the
33    district;  that  thereafter the Department did duly determine
34    that   the   operation   of   the   proposed   district    is
                            -4-                LRB9004209PTcw
 1    administratively   practicable   and   feasible  and  that  2
 2    temporary directors, naming them, were  duly  appointed.  The
 3    said statement 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.
11        Five directors shall be elected before  March  1  in  the
12    year  1948,  three of whom shall serve until the first Monday
13    of March, 1950, and the remaining two shall serve  until  the
14    first  Monday  of  March, 1949. Successive elections shall be
15    held before March 1 of each year and each director so elected
16    shall serve during the two-year period  commencing  with  the
17    first 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  the  such  election 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  conduct  such public 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    the such land-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 referendum shall have caused due notice to  be  given  of
26    their  intention  to  conduct  a referendum for submission of
27    such regulations to the land owners within the boundaries  of
28    the  district  for  their  approval  or  disapproval  of such
29    proposed regulations, shall have held  such  referendum,  and
30    shall  have  considered  the  result of such referendum.  The
31    proposed  regulations  shall  be  embodied  in   a   proposed
32    ordinance.   Copies  of  the such proposed 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 voters owners in
 3    the  such  district at least 10 days prior to the date of any
 4    referendum thereon.  Copies of the  such  proposed  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 the such notice and the date
 8    of the referendum.   The  notices  of  the  referendum  shall
 9    recite  the contents of the such proposed ordinance and shall
10    state where copies of the  such  proposed  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 the such ballots. Votes The directors
22    shall supervise such referendum, shall prescribe  appropriate
23    regulations  governing the conduct thereof, and shall publish
24    the result thereof.   All  the  owners  of  land  within  the
25    district  shall  be  eligible  to vote in such referendum and
26    each shall have one vote. Such vote may be cast in person  or
27    by  absentee ballot.  No informalities in the conduct of such
28    referendum  or  in  any  matters   relating   thereto   shall
29    invalidate  such  referendum  or the result thereof if notice
30    thereof  shall  have  been  given  substantially  as   herein
31    provided   and   such   referendum  shall  have  been  fairly
32    conducted.
33        The directors shall not have authority to enact the  such
34    proposed  ordinance into law unless at least three-fourths of
                            -7-                LRB9004209PTcw
 1    the voters owners of land voting  in  such  referendum  shall
 2    vote  in  the  such  referendum  for approval of the proposed
 3    ordinance.   The  approval  of  the  proposed  ordinance   by
 4    three-fourths  of  the  voters  land  owners  voting  on  the
 5    proposition  shall  not be deemed to require the directors to
 6    enact  the  such  proposed  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 the such district.
11        Any owner of land within the such  district  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  the  such  district
 5    with  one  or more adjoining soil conservation districts. The
 6    Such petition 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  the  such  petition  is  filed  the
10    Department shall submit the proposal to the directors of each
11    district  proposed  to be consolidated. The Directors of each
12    such district, 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 the said districts approve the
16    proposals to consolidate the such districts,  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  the
20    Department  to  give  10  days  notice  of  the  holding of a
21    referendum by causing such notice to be  published  at  least
22    once  in  one  or  more newspapers having general circulation
23    within the district and to hold a referendum within each such
24    district upon the proposition or the proposed  consolidation.
25    Except  as  otherwise  provided  in this Act, The proposition
26    shall be submitted in accordance with  Section  28-3  of  the
27    Election Code.
28        The  question  at  the such referendum 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    -------------------------------------------------------------
12        Only  owners  or occupiers of land, or both, lying within
13    the districts are eligible to vote  in  such  referendum  and
14    each  shall have one vote. Eligible Voters may vote in person
15    or by absentee ballot.
16        If a majority of the votes cast in the referendum in each
17    of the such districts are  cast  in  favor  of  the  proposed
18    consolidation  and  if  the  Department  determines that such
19    consolidation is administratively practicable  and  feasible,
20    the  Chairmen  of  the  directors of the said districts 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 the said chairmen, 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.   The   said  application  shall  be
28    accompanied by the statement from the Department which  shall
29    set  forth  (and  the  such statement need contain no details
30    other than  the  mere  recitals)  that  a  petition  for  the
31    consolidation  of  the  said  district  was  filed,  that the
32    proposed consolidation was, by resolution,  approved  by  the
33    governing  bodies  of  all  of  the  such  districts,  that a
34    referendum was held in each of  the  said  districts  on  the
                            -11-               LRB9004209PTcw
 1    question  of  the proposed consolidation, and that the result
 2    of the such referendum 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  the  such
 5    application  and  statement  and  shall  record  them  in  an
 6    appropriate  book  of  record  in  the  his  office. When the
 7    application  and  statements  have  been  made,  filed,   and
 8    recorded  as  herein  provided, the consolidation of the such
 9    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  the  said
15    consolidated  district, and shall record the such certificate
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    the such districts 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, 20 and 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 the such contracts.  The  consolidated  districts
 4    shall  be  substituted for each constituent district as party
 5    to the such contracts, and shall be entitled to all  benefits
 6    and  subject  to all liabilities under the such contracts 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 the such contracts 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. The Such petition 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 the such a petition 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.
16    Department shall give 10 days notice  of  the  holding  of  a
17    referendum  by  causing  such notice to be published at least
18    once in one or more  newspapers  having  general  circulation
19    within the district and hold a referendum within the district
20    upon  the  question  of  the  proposed  division.  Except  as
21    otherwise  provided  in  this  Act,  The proposition shall be
22    submitted in accordance with Section  28-3  of  the  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        Votes Only owners or occupiers of land,  or  both,  lying
10    within  the  district are eligible to vote in the referendum.
11    Such vote may 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, 20 and 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
 1    notice  of the holding of a referendum by causing such notice
 2    to be published at least  once  in  one  or  more  newspapers
 3    having  general circulation within the subdistrict. Except as
 4    otherwise provided in this Act,   The  proposition  shall  be
 5    submitted  in  accordance  with  Section 28-3 of the 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  the  such  fact  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.
 9    Nominating petitions shall be filed The  nomination  and  the
10    election   of   the  such  sub-district  directors  shall  be
11    conducted and held in the manner provided in Section 19 20 of
12    this Act with respect to the election of  directors.   The  5
13    nominees  receiving  the  highest  number  of  votes shall be
14    declared  elected.   After  the  first  such  election,   the
15    sub-district  directors shall be divided into 3 classes, each
16    consisting as nearly as may be of  one-third  of  the  entire
17    number   of   sub-district   directors   and   one  class  of
18    sub-district directors shall be elected each year.  The  term
19    of  office  of  the  members  of the first sub-district board
20    shall be determined by lot following  their  election  and  2
21    shall  hold office for 3 years, 2 for 2 years and one for one
22    year.  Their successors shall hold office  for  3  years  and
23    shall  be  nominated  and  elected, in the manner provided in
24    Section 20 of this Act, in the years in which the  respective
25    terms  of  office  of  the  members of the sub-district board
26    expire.
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  that  which   are   not
14    inconsistent with the provisions of this Act, except that the
15    Department  shall  be  substituted  for  the  county clerk in
16    instances referring  to  application,  mailing  or  delivery,
17    folding, 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.

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