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Public Act 91-0629
SB958 Enrolled SRS91S0036PMcb
AN ACT to amend the Conservation District Act by changing
Sections 5, 13, and 15 and by adding Sections 12b, 12c, and
12d.
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 Sections 5, 13, and 15 and by adding Sections 12b,
12c, and 12d 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. 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
300,000 200,000 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. 90-195, eff. 7-24-97.)
(70 ILCS 410/12b new)
Sec. 12b. Eminent domain or condemnation. Property
owned by a conservation district may not be subject to
eminent domain or condemnation proceedings.
(70 ILCS 410/12c new)
Sec. 12c. Special assessments. Property owned by a
conservation district may not be subject to special
assessments by any other unit of local government.
(70 ILCS 410/12d new)
Sec. 12d. Annexation. Property owned by a conservation
district may not be subject to annexation without the express
consent of the district.
(70 ILCS 410/13) (from Ch. 96 1/2, par. 7114)
Sec. 13. The fiscal year of each district shall commence
April 1 and extend through the following March 31.
The board shall, within the first quarter of each fiscal
year, adopt a combined annual budget and appropriation
ordinance as provided in the Illinois Municipal Budget Law.
In a district located entirely within a county with a
population of less than 300,000 that is contiguous to a
county with a population of more than 2,000,000, the
district's combined annual budget and appropriation ordinance
shall not be considered to be adopted until it is also
adopted by resolution of the county board of the county in
which the district is located.
Except as otherwise provided in this Act, a district may
annually levy taxes upon all the taxable property therein at
the value thereof, as equalized or assessed by the Department
of Revenue, to be extended at not more than the rates and for
the purposes specified hereinafter:
(1) 0.025% for the general purposes of the
district, including acquisition and development of real
property which may be in excess of current requirements
and allowed to accumulate from year to year, and for any
purposes specified by the district; however, no tax may
be extended at a rate that will result in accumulation of
any amount representing more than 0.075% of the equalized
assessed valuation of the district.
(2) 0.075% for acquisition of real property, which
may be in excess of current requirements and allowed to
accumulate from year to year, and for any purposes
specified by the district; however, no tax may be
extended at a rate that will result in accumulation of
any amount representing more than 0.25% of the equalized
assessed valuation of the district.
(3) 0.1%, in lieu of the two rates specified in (1)
and (2) above, for the general purposes of the district,
including the acquisition, development, operation and
maintenance of real property which may be in excess of
current requirements and allowed to accumulate from year
to year, and for any purposes specified by the district;
however, no tax may be extended at a rate that will
result in accumulation of any amount representing more
than 0.325% of the equalized assessed valuation of the
district.
Except as provided in some other Act, a district may not
levy annual taxes, for all its purposes in the aggregate, in
excess of 0.1% of the value, as equalized or assessed by the
Department of Revenue, of the taxable property therein.
After the adoption of the combined budget and
appropriation ordinance and within the second quarter of each
fiscal year, the board shall ascertain the total amount of
the appropriations legally made which are to be provided for
from tax levies for the current year. Then, by an ordinance
specifying in detail the purposes for which such
appropriations have been made and the amounts appropriated
for such purposes, the board shall levy not to exceed the
total amount so ascertained upon all the property subject to
taxation within the district as the same is assessed and
equalized for state and county purposes for the current year.
A certified copy of such ordinance shall be filed on or
before the first Tuesday in October with the clerk of each
county wherein the district or any part thereof is located.
(Source: P.A. 85-715; 86-1297.)
(70 ILCS 410/15) (from Ch. 96 1/2, par. 7116)
Sec. 15. (a) Whenever a district does not have
sufficient money in its treasury to meet all necessary
expenses and liabilities thereof, it may issue tax
anticipation warrants. Such issue of tax anticipation
warrants shall be subject to the provisions of Section 2 of
"An Act to provide for the manner of issuing warrants upon
the treasurer of the State or of any county, township, or
other municipal corporation or quasi municipal corporation,
or of any farm drainage district, river district, drainage
and levee district, fire protection district and jurors'
certificates", approved June 27, 1913, as now and hereafter
amended.
(b) For the purpose of acquisition of real property, or
rights thereto, a district may incur indebtedness and, as
evidence of the indebtedness thus created, may issue and sell
bonds without first obtaining the consent of the legal voters
of the district.
(c) For the purpose of development of real property, a
district may incur indebtedness and, as evidence of the
indebtedness thus created, may issue and sell bonds only
after the proposition to issue bonds has been submitted to
the legal voters of the district at an election and has been
approved by a majority of those voting on the proposition.
Such election is subject to Section 15.1 of this Act.
(d) No district shall become indebted in any manner or
for any purpose, to any amount including existing
indebtedness in the aggregate exceeding 0.575% of the value,
as equalized or assessed by the Department of Revenue, of the
taxable property therein; except that a district entirely
within a county of under 300,000 200,000 inhabitants and
contiguous to a county of more than 2,000,000 inhabitants may
incur indebtedness, including existing indebtedness, in the
aggregate not exceeding 1.725% of that value if the aggregate
indebtedness over 0.575% is submitted to the legal voters of
the district at an election and is approved by a majority of
those voting on the proposition as provided in Section 15.1.
(e) Before or at the time of issuing bonds for
acquisition or development of real property, the district
shall provide by ordinance for the collection of an annual
tax, in addition to all other taxes authorized by this act,
sufficient to pay such bonds and the interest thereon as the
same respectively become due. Such bonds shall be divided
into series, the first of which shall mature not later than 5
years after the date of issue and the last of which shall
mature not later than 20 years after the date of issue; shall
bear interest at a rate or rates not exceeding the maximum
rate permitted in "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations
set forth therein", approved May 26, 1970, as now or
hereafter amended; shall be in such form as the district
shall by resolution provide and shall be payable as to both
principal and interest from the proceeds of the annual levy
of taxes authorized to be levied by this Section, or so much
thereof as will be sufficient to pay the principal thereof
and the interest thereon. Prior to the authorization and
issuance of such bonds the district may, with or without
notice, negotiate and enter into an agreement or agreements
with any bank, investment banker, trust company or insurance
company or group thereof whereunder the marketing of such
bonds may be assured and consummated. The proceeds of such
bonds shall be deposited in a special fund, to be kept
separate and apart from all other funds of the conservation
district.
(Source: P.A. 86-785.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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