Public Act 90-0195 of the 90th General Assembly
Public Act 90-0195
SB174 Enrolled LRB9001241PTmb
AN ACT to amend the Conservation District Act by changing
Section 5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Conservation District Act is amended by
changing Section 5 as follows:
(70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
Sec. 5. Board of trustees.
(a) The affairs of a conservation district shall be
managed by a board which shall consist of 5 trustees, except
as otherwise provided in this Section subsection (b). If the
boundaries of the district are coextensive with the
boundaries of one county, the trustees shall be residents of
that county. If the district embraces 2 counties, 3 trustees
shall be residents of the county with the larger population
and 2 trustees shall be residents of the other county. If the
district embraces 3 counties, one trustee shall be a resident
of the county with the smallest population and each of the
other counties shall have 2 resident trustees. If the
district embraces 4 counties, 2 trustees shall be residents
of the county with the largest population and each of the
other counties shall have one resident trustee. If the
district embraces 5 counties, each county shall have one
resident trustee.
(b) A district that is entirely within a county of under
200,000 inhabitants and contiguous to a county of more than
2,000,000 inhabitants and that is authorized by referendum as
provided in subsection (d) of Section 15 to incur
indebtedness over 0.575% but not to exceed 1.725% shall have
a board consisting of 7 trustees, all of whom shall be
residents of the county. The additional 2 trustees shall be
appointed by the chairman of the county board, with the
consent of the county board, and shall hold office for terms
expiring on June 30 as follows: one trustee after 4 years
and one trustee after 5 years from the date of the
referendum. Successor trustees shall be appointed in the
same manner no later than June 1 before the commencement of
the term of the trustee.
(c) Trustees shall be qualified voters of such district
who do not hold any other public office and are not officers
of any political party. Trustees, if nominated by the county
board chairman as hereinafter provided, shall be selected on
the basis of their demonstrated interest in the purpose of
conservation districts.
(d) The chairman of the county board for the county of
which the trustee is a resident shall, with the consent of
the county board of that county, appoint the first trustees
who shall hold office for terms expiring on June 30 after
one, 2, 3, 4, and 5 year periods respectively as determined
and fixed by lot. Thereafter, successor trustees shall be
appointed in the same manner no later than June 1 prior to
the commencement of term of the trustee.
(e) Each successor trustee shall serve for a term of 5
years. A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term by appointment of
a trustee by the county board chairman of the county of which
the trustee shall be a resident, with the approval of the
county board of that county. A trustee who has served a full
term of 5 years is ineligible to serve as a trustee for a
period of one year following the expiration of his term. When
any trustee during his term of office shall cease to be a
bona fide resident of the district he is disqualified as a
trustee and his office becomes vacant.
(f) Trustees shall serve without compensation, but may
be paid their actual and necessary expenses incurred in the
performance of their official duties.
(g) A trustee may be removed for cause by the county
board chairman for the county of which the trustee is a
resident, with the approval of the county board of that
county, but every such removal shall be by a written order,
which shall be filed with the county clerk.
(h) A conservation district with 5 trustees may
determine by majority vote of the board to increase the size
of the board to 7 trustees. With respect to a 7-member
board, no more than 3 members may be residents of any
township in a county under township organization or of any
congressional township in a county not under township
organization. In the case of a 7-member board representing a
district that embraces 2 counties, 4 trustees shall be
residents of the county with the larger population and 3
trustees shall be residents of the other county. If the
district embraces 3 counties, 2 trustees shall be residents
of each of the 2 counties with the smallest population and
the largest county shall have 3 resident trustees. If the
district embraces 4 counties, one trustee shall be a resident
of the county with the smallest population and each of the
other counties shall have 2 resident trustees. If the
district embraces 5 counties, the 2 counties with the largest
population shall each have 2 resident trustees and each of
the other counties shall have one resident trustee. The
pertinent appointing authorities shall appoint the additional
2 trustees to initial terms as equally staggered as possible
from the terms of the trustees already appointed from that
township or county so that 2 trustees representing the same
area shall not be succeeded in the same year.
(Source: P.A. 86-785.)
Section 99. Effective date. This Act takes effect upon
becoming law.