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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. LRB9001241PTmb LRB9001241PTmb 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 Sectionsubsection (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 -2- LRB9001241PTmb 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 -3- LRB9001241PTmb 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.