State of Illinois
90th General Assembly
Legislation

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90_SB0174

      70 ILCS 410/5             from Ch. 96 1/2, par. 7105
          Amends the  Conservation  District  Act  to  authorize  a
      5-member  board  of  trustees to expand to 7 members upon the
      majority vote of the board.  Provides for the reapportionment
      and appointment of the additional  trustees  upon  expansion.
      Effective immediately.
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 1        AN ACT to amend the Conservation District Act by changing
 2    Section 5.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Conservation District Act is  amended  by
 6    changing Section 5 as follows:
 7        (70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
 8        Sec. 5.  Board of trustees.
 9        (a)  The  affairs  of  a  conservation  district shall be
10    managed by a board which shall consist of 5 trustees,  except
11    as  otherwise provided in this Section subsection (b). If the
12    boundaries  of  the  district  are   coextensive   with   the
13    boundaries  of one county, the trustees shall be residents of
14    that county. If the district embraces 2 counties, 3  trustees
15    shall  be  residents of the county with the larger population
16    and 2 trustees shall be residents of the other county. If the
17    district embraces 3 counties, one trustee shall be a resident
18    of the county with the smallest population and  each  of  the
19    other  counties  shall  have  2  resident  trustees.  If  the
20    district  embraces  4 counties, 2 trustees shall be residents
21    of the county with the largest population  and  each  of  the
22    other  counties  shall  have  one  resident  trustee.  If the
23    district embraces 5 counties,  each  county  shall  have  one
24    resident trustee.
25        (b)  A district that is entirely within a county of under
26    200,000  inhabitants  and contiguous to a county of more than
27    2,000,000 inhabitants and that is authorized by referendum as
28    provided  in  subsection  (d)  of   Section   15   to   incur
29    indebtedness  over 0.575% but not to exceed 1.725% shall have
30    a board consisting of  7  trustees,  all  of  whom  shall  be
31    residents  of the county.  The additional 2 trustees shall be
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 1    appointed by the chairman  of  the  county  board,  with  the
 2    consent  of the county board, and shall hold office for terms
 3    expiring on June 30 as follows:  one trustee  after  4  years
 4    and   one  trustee  after  5  years  from  the  date  of  the
 5    referendum.  Successor trustees shall  be  appointed  in  the
 6    same  manner  no later than June 1 before the commencement of
 7    the term of the trustee.
 8        (c)  Trustees shall be qualified voters of such  district
 9    who  do not hold any other public office and are not officers
10    of any political party. Trustees, if nominated by the  county
11    board  chairman as hereinafter provided, shall be selected on
12    the basis of their demonstrated interest in  the  purpose  of
13    conservation districts.
14        (d)  The  chairman  of the county board for the county of
15    which the trustee is a resident shall, with  the  consent  of
16    the  county  board of that county, appoint the first trustees
17    who shall hold office for terms expiring  on  June  30  after
18    one,  2,  3, 4, and 5 year periods respectively as determined
19    and fixed by lot. Thereafter,  successor  trustees  shall  be
20    appointed  in  the  same manner no later than June 1 prior to
21    the commencement of term of the trustee.
22        (e)  Each successor trustee shall serve for a term  of  5
23    years.  A  vacancy  occurring otherwise than by expiration of
24    term shall be filled for the unexpired term by appointment of
25    a trustee by the county board chairman of the county of which
26    the trustee shall be a resident, with  the  approval  of  the
27    county  board of that county. A trustee who has served a full
28    term of 5 years is ineligible to serve as  a  trustee  for  a
29    period of one year following the expiration of his term. When
30    any  trustee  during  his  term of office shall cease to be a
31    bona fide resident of the district he is  disqualified  as  a
32    trustee and his office becomes vacant.
33        (f)  Trustees  shall  serve without compensation, but may
34    be paid their actual and necessary expenses incurred  in  the
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 1    performance of their official duties.
 2        (g)  A  trustee  may  be  removed for cause by the county
 3    board chairman for the county  of  which  the  trustee  is  a
 4    resident,  with  the  approval  of  the  county board of that
 5    county, but every such removal shall be by a  written  order,
 6    which shall be filed with the county clerk.
 7        (h)  A   conservation   district   with  5  trustees  may
 8    determine by majority vote of the board to increase the  size
 9    of  the  board  to  7  trustees.   With respect to a 7-member
10    board, no more  than  3  members  may  be  residents  of  any
11    township  in  a  county under township organization or of any
12    congressional  township  in  a  county  not  under   township
13    organization.  In the case of a 7-member board representing a
14    district that  embraces  2  counties,  4  trustees  shall  be
15    residents  of  the  county  with  the larger population and 3
16    trustees shall be residents of  the  other  county.   If  the
17    district  embraces  3 counties, 2 trustees shall be residents
18    of each of the 2 counties with the  smallest  population  and
19    the  largest  county  shall have 3 resident trustees.  If the
20    district embraces 4 counties, one trustee shall be a resident
21    of the county with the smallest population and  each  of  the
22    other  counties  shall  have  2  resident  trustees.   If the
23    district embraces 5 counties, the 2 counties with the largest
24    population shall each have 2 resident trustees  and  each  of
25    the  other  counties  shall  have  one resident trustee.  The
26    pertinent appointing authorities shall appoint the additional
27    2 trustees to initial terms as equally staggered as  possible
28    from  the  terms  of the trustees already appointed from that
29    township or county so that 2 trustees representing  the  same
30    area shall not be succeeded in the same year.
31    (Source: P.A. 86-785.)
32        Section  99.  Effective date.  This Act takes effect upon
33    becoming law.

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