| ||||
| Public Act 103-0079 | ||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The River Conservancy Districts Act is amended | ||||
by changing Section 4a and by adding Section 4c as follows:
| ||||
(70 ILCS 2105/4a) (from Ch. 42, par. 386a)
| ||||
Sec. 4a. Every conservancy district so established shall | ||||
be
governed by a board of trustees. In the statement finding | ||||
the results
of the election to be favorable to the | ||||
establishment of the district,
the circuit court shall | ||||
determine and name each municipality within the
district | ||||
having 5,000 or more population according to the last | ||||
preceding
federal census.
| ||||
(1) In case there is one or more municipalities having | ||||
a population
of 5,000 or more within the district, the | ||||
trustees shall be appointed as
follows:
| ||||
(a) In districts organized prior to July 1, 1961, | ||||
where there is
only one such municipality, 3 trustees | ||||
shall be appointed from such
municipality, and one | ||||
trustee shall be appointed from the area within
the | ||||
district outside of such municipality, and one trustee | ||||
shall be
appointed at large. In districts organized on | ||||
and after July 1, 1961,
where there is only one such | ||||
municipality one trustee shall be appointed
from such | ||
municipality, and one trustee shall be appointed from | ||
each
county in the district, except that where
the | ||
district is wholly contained within a single county, | ||
one trustee shall
be appointed from that county and | ||
one additional trustee shall be appointed
from the | ||
municipality, and, in any case, 2 trustees shall be
| ||
appointed at large. A trustee appointed from a county | ||
in the district
shall be appointed from the area | ||
outside any such
municipality. If the district is | ||
located wholly within the corporate
limits of such | ||
municipality, 3 of the trustees of the district shall | ||
be
appointed from such municipality, and 2 trustees | ||
shall be appointed at
large. In a district wholly | ||
contained within a single county of between
60,500 and | ||
70,000 population and having no more than one | ||
municipality of 5,000
or more population, regardless | ||
of the date of organization, 3 trustees shall be
| ||
appointed from that municipality, 2 trustees shall be | ||
appointed from the
district outside that municipality, | ||
and 2 trustees shall be appointed at
large. No more | ||
than 2 appointments by each appointing authority may | ||
be from the
same political party.
| ||
In the case of the Saline Valley Conservancy | ||
District, in addition to the other trustees as | ||
provided in this subsection (a), the mayor of each | ||
municipality with a population of 2,000 to 4,999 that | ||
purchases water from the District may appoint one | ||
member to the Board of Trustees beginning July 1, 2023 | ||
for a 5-year term, and the member shall serve until the | ||
trustee's successor is appointed and qualified or the | ||
municipality no longer purchases water from the | ||
District. A vacancy shall be filled by the mayor of the | ||
municipality for the remainder of the term.
| ||
(b) Where there are 2 or more such municipalities, | ||
one trustee shall
be appointed from each such | ||
municipality, one trustee shall be appointed
from each | ||
county in the district for each 50,000 population or | ||
part
thereof within the district in such county | ||
according to the last
preceding federal census, and 2 | ||
trustees shall be appointed at large. A
trustee | ||
appointed from a county in the district shall be | ||
appointed from
the area outside any such municipality. | ||
If the district is located
wholly within the corporate | ||
limits of such municipalities, 2 trustees
shall be | ||
appointed from the one of such municipalities having | ||
the
largest population, and one trustee shall be | ||
appointed from each of the
other such municipalities, | ||
and 2 trustees shall be appointed at large.
| ||
(c) Trustees representing the area within the | ||
district located
outside of any municipality having | ||
5,000 or more population and trustees
appointed at | ||
large when the district is wholly contained within a | ||
single
county shall be appointed by the presiding | ||
officer of the county board
with the advice and | ||
consent of the county board and any trustee
| ||
representing the area within any such municipality | ||
shall be appointed by
its presiding officer. If | ||
however the district is located in more than
one | ||
county, any trustee representing the area within a | ||
district located
outside of any municipality having | ||
5,000 or more population and any
trustee at large | ||
shall be appointed by a majority vote of the presiding
| ||
officers of the county boards of the counties which | ||
encompass any part
of the district, except that no | ||
such appointment shall affect the term
of any trustee | ||
in office on the effective date of this amendatory Act | ||
of
1977. Any trustee representing the area within any | ||
such municipality
shall be appointed by its presiding | ||
officer.
| ||
(d) A trustee representing the area within any | ||
such municipality
shall reside within its corporate | ||
limits. A trustee representing the
area within the | ||
district and located outside of any such municipality
| ||
shall reside within such area. A trustee appointed at | ||
large may reside
either within or without any such | ||
municipality but must reside within
the territory of | ||
the district. Should any trustee cease to reside
| ||
within that part of the territory he represents, then | ||
his office shall
be deemed vacated, and shall be | ||
filled by appointment for the remainder
of the term as | ||
hereinafter provided.
| ||
(2) In case there are no municipalities having a | ||
population of 5,000
or more within such district located | ||
wholly within a single county, the
statement required by | ||
Section 1 shall include such finding, and in such
case the | ||
Board shall consist of 5 trustees who shall be appointed | ||
at
large by the presiding officer of the county board with | ||
the advice and
consent of the county board. If however the | ||
district is located in more
than one county, the trustees | ||
at large shall be appointed by a majority
vote of the | ||
presiding officers of the county boards of the counties
| ||
which encompass any portion of the district, but any | ||
trustee in office
on the effective date of this amendatory | ||
Act of 1977 shall be permitted
to serve out the remainder | ||
of his term. Each such trustee shall reside
within the | ||
district and shall continue to reside therein.
| ||
(3) All initial appointments of trustees shall be made | ||
within 60
days after the determination of the result of | ||
the election. Each
appointment shall be in writing and | ||
shall be filed and made a matter of
record in the office of | ||
the county clerk wherein the organization
proceedings were | ||
filed. A trustee shall qualify within 10 days after
| ||
appointment by acceptance and the taking of the | ||
constitutional oath of
office, both to be in writing and | ||
similarly filed for record in the
office of such county | ||
clerk. Members initially appointed to the board
of | ||
trustees of such district shall serve from date of | ||
appointment for 1,
2, 3, 4 and 5 years and shall draw lots | ||
to determine the periods for
which they each shall serve. | ||
In case there are more than 5 trustees,
lots shall be drawn | ||
so that 5 trustees shall serve initial terms of 1,
2, 3, 4 | ||
and 5 years and the other trustees shall serve terms of 1, | ||
2, 3,
4 or 5 years as the number of trustees shall require | ||
and the drawing of
lots shall determine. The successors of | ||
all such initial members of the
board of trustees of a | ||
river conservancy district shall serve for terms
of 5 | ||
years, all such appointments and appointments to fill | ||
vacancies
shall be made in like manner as in the case of | ||
the initial trustees. A
trustee having been duly appointed | ||
shall continue to serve after the
expiration of his term | ||
until his successor has been appointed.
Each trustee | ||
initially appointed in accordance with this amendatory Act | ||
of
1995 shall serve a term of 3 or 5 years as determined by | ||
lot.
| ||
(4) Should a municipality which is wholly within a | ||
district attain,
or should such a municipality be | ||
established, having a population of
5,000 or more after | ||
the entry of the statement by the circuit court, the
| ||
presiding officer of such municipality may petition the | ||
circuit court of
the county in which such municipality | ||
lies for an order finding and
determining the population | ||
of such municipality and, if it is found and
determined | ||
upon the hearing of such petition that the population of | ||
such
municipality is 5,000 or more, the board of trustees | ||
of such district as
previously established shall be | ||
increased by one trustee who shall
reside within the | ||
corporate limits of such municipality and shall be
| ||
appointed by its presiding officer. The initial trustee so | ||
appointed
shall serve for a term of 1, 2, 3, 4 or 5 years, | ||
as may be determined by
lot, and his successors shall be | ||
similarly appointed and shall serve for
terms of 5 years. | ||
All provisions of this Section applicable to trustees
| ||
representing municipal areas shall apply to any such | ||
trustee, including
paragraph 5.
| ||
(5) Should the foregoing provisions respecting the | ||
appointment of
trustees representing the area within any | ||
municipality of 5,000 or more
population be invalid when | ||
applied to any situation, then as to such
situation any | ||
such provision shall be deemed to be excised from this
| ||
Act, and the trustee whose appointment is thus affected | ||
shall be
appointed at large by the presiding officer of | ||
the county board with the
advice and consent of the county | ||
board except if the district embraces
more than one county | ||
in which case the trustees shall be appointed at
large by a | ||
majority vote of the presiding officers of the county | ||
boards
of the counties which encompass any portion of the | ||
district. | ||
(6) In the case of a board representing a district | ||
that embraces Franklin and Jefferson counties, a trustee | ||
may be removed for incompetence, neglect of duty, or | ||
malfeasance in office by the appropriate appointing | ||
presiding officer or officers, without the advice and | ||
consent of the corporate authorities, by filing a written | ||
order of removal with the appropriate county or municipal | ||
clerk or clerks.
| ||
(7) Notwithstanding any other provision of law to the | ||
contrary, in the case of a board representing a district | ||
that embraces Franklin and Jefferson counties, the terms | ||
of all trustees shall end on the effective date of this | ||
amendatory Act of the 94th General Assembly. Beginning on | ||
that date, the board shall consist of 7 trustees. The 7 | ||
trustees initially appointed pursuant to
this
amendatory | ||
Act of the 94th General Assembly shall be appointed in the | ||
same manner as otherwise provided in this Section by the | ||
appropriate appointing authority and shall serve the | ||
following terms, as determined by lot: (i) 2 trustees | ||
shall serve until July 1, 2006; (ii) 2 trustees shall | ||
serve until July 1, 2007; (iii) one trustee shall serve | ||
until July 1, 2008; (iv) one trustee shall serve until | ||
July 1, 2009; and (v) one trustee shall serve until July 1, | ||
2010. Upon expiration of the terms of the trustees | ||
initially appointed
under this amendatory Act of the 94th | ||
General Assembly, their respective successors shall be
| ||
appointed for terms of 5 years, beginning on July 1 of the | ||
year in which the previous term expires and until their | ||
respective successors are appointed and qualified. After | ||
the appointment of the trustees initially appointed | ||
pursuant to this amendatory Act of the 94th General | ||
Assembly, the number of trustees on the board may be | ||
increased in accordance with subsection (4).
| ||
(Source: P.A. 94-64, eff. 6-21-05.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||