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| Public Act 095-0054 |
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AN ACT concerning conservation districts.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Conservation District Act is amended by | ||||
changing
Sections 5 and 6 and adding Section 18.1 as follows:
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(70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
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Sec. 5. Board of trustees.
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(a) The affairs of a conservation district shall be managed | ||||
by a
board
consisting
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
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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.
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(b) A district that is entirely within a county of under | ||||
750,000
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
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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.
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(c) Trustees shall be qualified voters of the
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
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conservation districts.
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(d) If the trustees are appointed, the
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,
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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 appointed trustees shall be appointed for a term of 5 | ||
years in the same
manner no later than June 1 prior to the | ||
commencement of term of the
trustee. If the term of office of | ||
any appointed trustee expires before the first
election of | ||
trustees under subsection (i) after referendum approval of | ||
elected
trustees, the chairman of the county board who | ||
appointed that trustee under
this subsection shall appoint a | ||
successor to serve until a successor is elected
and has | ||
qualified.
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(e) When a vacancy occurs in the office of trustee, whether | ||
by death,
resignation, refusal to qualify, no longer being a | ||
qualified voter of the
district, or for any other reason, the | ||
board of trustees shall declare that a
vacancy exists. The | ||
vacancy shall be filled within 60 days.
Each successor trustee | ||
shall serve for a term of 5 years. A vacancy
occurring | ||
otherwise than by expiration of term, for appointed trustees,
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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. An appointed
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 or her term. | ||
In the case of an elected
trustee, appointment of an eligible | ||
person shall be by the president of the
board of trustees with | ||
the advice and consent of the other trustees. The
appointee | ||
shall serve the remainder of the unexpired term. If, however, | ||
more
than 28 months remain in the term of the elected trustee | ||
and the vacancy occurs
at least 182 days
before the next | ||
general election, the appointment shall be until the next
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general election, at which time the vacated office of the | ||
elected trustee shall
be filled by election for the remainder | ||
of the term.
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If a vacancy occurs in the office of president of the board | ||
of trustees, the
remaining trustees shall select one of their | ||
number to serve as president for
the balance of the unexpired | ||
term of the president in whose office the vacancy
occurred. | ||
When any trustee during his or her term of
office shall | ||
cease to be a bona fide resident of the district, or shall move
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from one township or congressional township in the district to | ||
another so that
the township residency requirements of this | ||
Section are no longer met, then he is
disqualified as a trustee | ||
and his office becomes vacant. If the district has decided to | ||
elect or appoint trustees from single member
subdistricts under | ||
subsection (i), then when any trustee during his or her term
of | ||
office shall cease to be a bona fide resident of the | ||
subdistrict he or she
is disqualified as a trustee and the | ||
office becomes vacant.
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(f) Trustees shall serve without compensation, but may be | ||
paid their actual
and necessary expenses incurred in the | ||
performance of their official
duties.
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(g) An appointed
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
and ,
which
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shall be filed with the county clerk.
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(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
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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.
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(i) Except as provided in subsection (b), a conservation | ||
district
in a county adjacent to a county with more than | ||
3,000,000 inhabitants may
determine by referendum (i)
to have | ||
an elected or appointed board of trustees, (ii) to have a board
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of trustees with 5 or 7 members, and (iii) to have trustees
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chosen at large or from single
member subdistricts.
If the | ||
boundaries of the district are coextensive with the boundaries
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of a single county, the county
board may determine by ordinance | ||
to hold the referendum; or
if the boundaries of the
district | ||
are
embraced by more than one county, the county boards of
each | ||
county in the district, jointly, may determine by ordinance to
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hold the referendum; or
a petition signed
by not less than 5% | ||
of the electors of the entire district who voted in the last | ||
gubernatorial election may be submitted to
the board of | ||
trustees requiring the district to
hold the referendum.
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The secretary of the board of trustees shall certify the | ||
proposition
to the appropriate election authorities who shall | ||
submit the proposition at
a consolidated or general election | ||
according to the Election Code.
The Election Code shall apply | ||
to and govern the election.
The proposition shall be in | ||
substantially the following form:
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Shall the (insert name) Conservation District have an | ||
(insert "elected" or
"appointed") board of trustees with
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(insert "5" or "7") trustees
chosen (insert "at large" or | ||
"from single member subdistricts")?
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The votes shall be recorded as
"Yes" or "No".
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If a majority of the votes cast on the proposition are in | ||
the
affirmative,
the trustees of the district shall thereafter | ||
be chosen as provided in this
paragraph.
At the next | ||
consolidated election,
a district that has decided by | ||
referendum to have its
trustees elected rather than appointed | ||
shall elect 5 or 7 trustees
as provided in the ordinance or | ||
petition and in the proposition.
The trustees shall be elected | ||
on a nonpartisan basis.
The provisions of the general election | ||
law shall apply to and govern
the nomination and election of | ||
the trustees.
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(1) If the district has decided to elect or appoint at | ||
large trustees,
then with respect to a 5-member board,
the | ||
residency of members shall be the same as prescribed in
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subsection (a).
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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 smaller
populations and
the county with the largest | ||
population shall have 3 resident trustees. If the district
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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
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populations shall each have 2 resident trustees and each of | ||
the other counties
shall have one resident trustee.
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(2) If the district has decided to elect or appoint | ||
trustees from single
member subdistricts, then with | ||
respect to a 5-member board of a district
embracing
a | ||
single county,
the county
board shall apportion the | ||
district into 5 subdistricts. One trustee shall be
a | ||
resident of and elected or appointed from each of the 5 | ||
subdistricts. In the
case of a
5-member board of a district
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embracing more than one county, the members of each county | ||
board shall,
jointly, apportion the district into 5 | ||
subdistricts.
One trustee shall be a resident of and | ||
elected or appointed from each of the 5
subdistricts.
The | ||
initial subdistricts shall be apportioned within 90 days | ||
after the
referendum is approved, and the subdistricts | ||
shall be reapportioned after each
decennial census.
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With respect to a 7-member board of a district | ||
embracing a single county,
the
county board
shall apportion | ||
the district into 7 subdistricts. One trustee shall be a
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resident of and elected or appointed
from each of the 7 | ||
subdistricts. In the case of a 7-member board of a district
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embracing
more than one county, the members of each county | ||
board shall, jointly,
apportion the district into 7 | ||
subdistricts. One
trustee shall be a resident of and | ||
elected or appointed from each of the 7
subdistricts.
The | ||
initial subdistricts shall be apportioned within 90 days | ||
after the
referendum is approved, and the subdistricts | ||
shall be reapportioned after each
decennial census.
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(j) When a conservation district determines to elect or | ||
appoint trustees
as
provided in subsection (i), the terms of | ||
these trustees shall commence
on the first Monday of December | ||
following the election. The
terms of all trustees previously | ||
appointed or elected under this Section shall
expire on
the | ||
first Monday of December following the first election.
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(1) If the district has decided to elect or appoint | ||
at-large trustees,
then the
initial elected board of | ||
trustees shall, no later than 45 days after taking
office, | ||
divide themselves publicly by lot as equally as possible | ||
into 2 groups.
Trustees or their successors from the larger | ||
group shall serve for terms of 4
years; the initial elected | ||
trustees from the second group shall serve for terms
of 2 | ||
years, and their successors shall be elected for terms of 4 | ||
years.
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(2) If the district has decided to elect or appoint | ||
trustees from single
member
subdistricts, then the members | ||
of the initial elected board of trustees and
each
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subsequent board
elected prior to the first decennial | ||
census following the initial apportionment
shall be | ||
elected to a term of 2 years. In the year following the | ||
first
decennial census occurring after the initial | ||
apportionment and in the year
following each subsequent | ||
decennial census, the 5 or 7 subdistricts shall be
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reapportioned
to reflect the results of the census. The | ||
board of trustees elected in the
first election following a | ||
decennial census shall, no later than 45 days after
taking | ||
office, divide themselves publicly by lot as equally as | ||
possible into 3
groups. Trustees or their successors from | ||
one group shall be elected to terms
of 4 years, 4 years, | ||
and 2 years. Trustees or their successors from the second
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group
shall be elected to terms of 4 years, 2 years, and 4 | ||
years. The trustee or
successors from the third group shall | ||
be elected to terms of 2 years, 4 years,
and 4 years.
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(Source: P.A. 94-617, eff. 8-18-05.)
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(70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
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Sec. 6. Officers and employees. As soon as possible after | ||
the initial
election or the initial appointments, as the case | ||
may be
Within 60 days after their selection, the trustees shall | ||
organize
by selecting from their members a president, | ||
secretary, treasurer, and such
other officers as are deemed | ||
necessary, who shall hold office for 2 years in
the case of an | ||
elected board, or the
fiscal year in which elected in the case | ||
of an appointed board, and until their successors are selected | ||
and
qualify. Three trustees shall constitute a quorum of the | ||
board for the
transaction of business if the district has 5 | ||
trustees. If the
district has 7 trustees, 4 trustees shall | ||
constitute a quorum of the board
for the transaction of | ||
business. The board shall hold regular monthly
meetings. | ||
Special meetings may be called by the president and shall be | ||
called
on the request of a majority of members, as may be | ||
required.
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The board shall provide for the proper and safe keeping of | ||
its permanent
records and for the recording of the corporate | ||
action of the district. It
shall keep a proper system of | ||
accounts showing a true and accurate record
of its receipts and | ||
disbursements, and it shall cause an annual audit to be
made of | ||
its books, records, and accounts.
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The records of the district shall be subject to public | ||
inspection at all
reasonable hours and under such regulations | ||
as the board may prescribe.
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The district shall annually make a full and complete report | ||
to the
county board of each county within the district and to | ||
the Department of Natural Resources of its transactions and
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operations for the preceding year. The
Such report shall | ||
contain a full statement
of its receipts, disbursements, and | ||
the program of work for the period covered,
and may include | ||
such recommendations as may be deemed advisable.
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Executive or ministerial duties may be delegated to one or | ||
more trustees
or to an authorized officer, employee, agent, | ||
attorney, or other
representative of the district.
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All officers and employees authorized to receive or retain | ||
the custody
of money or to sign vouchers, checks, warrants, or | ||
evidences of indebtedness
binding upon the district shall | ||
furnish surety bond for the faithful
performance of their | ||
duties and the faithful accounting for all moneys that
may come | ||
into their hands in an amount to be fixed and in a form to be
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approved by the board.
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All contracts for supplies, material, or work involving an | ||
expenditure in
excess of $20,000 shall be let to the lowest | ||
responsible bidder, after due
advertisement, excepting work | ||
requiring personal confidence or necessary
supplies under the | ||
control of monopolies, where competitive bidding is
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impossible. All contracts for supplies, material, or work shall | ||
be signed by
the president of the board and by any such other | ||
officer as the board in
its discretion may designate.
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(Source: P.A. 94-454, eff. 8-4-05.)
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(70 ILCS 410/18.1 new)
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Sec. 18.1. Organization as a forest preserve district. The | ||
voters of a conservation district that is entirely within one | ||
county
may, by a single referendum proposition, dissolve the | ||
conservation district
under Section 18 of this Act and | ||
incorporate as a forest preserve district
under Section 1 the | ||
Downstate Forest Preserve District Act. The referendum may
be | ||
placed on the ballot upon either of the
following: | ||
(1) An ordinance by the county board of the county in | ||
which the district
lies requiring the referendum. | ||
(2) The filing of a petition with the board of trustees | ||
signed by the
electors of the district equal in number to | ||
8% or more of the total number of
votes cast for Governor | ||
district-wide in the most recent gubernatorial election
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asking that the question of whether the district shall be | ||
dissolved and
organized as a forest preserve district. | ||
The Secretary of the board of trustees of the county board | ||
or the board of
trustees, as appropriate, shall certify the | ||
proposition to the appropriate
election authorities who shall | ||
submit the proposition at a consolidated or
general election | ||
according to the Election Code. The Election Code shall apply
| ||
to and govern the election. | ||
The proposition shall be in substantially the following | ||
form: | ||
Shall (insert name) Conservation District be dissolved | ||
under the
provisions of Section 18 of the Conservation | ||
District Act and be organized as
a forest preserve district | ||
under the provisions of the Downstate Forest
Preserve | ||
District Act?
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The votes shall be recorded as "Yes" or "No". | ||
If a majority of the votes cast on the proposition are in | ||
the affirmative,
the conservation district shall be deemed to | ||
be dissolved under Section 18 of
the Conservation District Act | ||
and the territory shall be incorporated as a
forest
preserve | ||
district under Section 1 of the Downstate Forest Preserve | ||
District
Act. The resulting forest preserve district shall not | ||
be deemed to be the legal
successor or assign of the dissolved | ||
conservation district.
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Section 10. The Downstate Forest Preserve District Act is | ||
amended by
changing Section 1 as follows:
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(70 ILCS 805/1)
(from Ch. 96 1/2, par. 6302)
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Sec. 1. Whenever any area of
contiguous territory lying | ||
wholly within one county contains one or more
natural forests | ||
or parks thereof and one or more cities, towns or
villages, | ||
such territory may be incorporated as a forest preserve
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district by a referendum passed under Section 18.1 of the | ||
Conservation
District Act or in the following manner, to wit:
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Any 500 legal voters residing within the limits of such
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proposed district may petition the circuit court of the county | ||
in which
such proposed district lies, to order the question to | ||
be submitted to
the legal voters of such proposed district | ||
whether or not it shall be
organized as a forest preserve | ||
district under this act. Such petition
shall be addressed to | ||
the circuit court of the county in which
such proposed forest | ||
preserve district is situated and shall contain a
definite | ||
description of the territory intended to be embraced in such
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district, and the name of such district. Upon the filing of | ||
such
petition in the office of the clerk of the circuit court | ||
of the county
in which such territory is situated, it shall be | ||
the duty of such
circuit court to fix a
day and hour for the | ||
public consideration thereof, which shall not be less than
15 | ||
days after the filing of such petition. Such circuit
court | ||
shall cause a notice of the time and place of such public
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consideration to be published 3 successive days in some | ||
newspaper
having a general circulation in the territory | ||
proposed to be placed in such
district. The
date of the last | ||
publication of such notice shall not be less than 5
days prior | ||
to the time set for such public hearing. At the time and
place | ||
fixed for such public hearing the circuit court shall
hear any | ||
person owning property in such proposed district who desires to
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be heard, and if the circuit judge finds that all of the
| ||
provisions of this act have been complied with, the court shall
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enter an order
fixing and defining the boundaries and the name | ||
of such proposed
district in accordance with the prayer of the | ||
petition. In the event
that any other petition or petitions for | ||
the organization of a forest
preserve district or districts in | ||
the same county is filed under
this act before the time fixed | ||
for the public hearing of the first
petition, the circuit court | ||
shall postpone the
public consideration of the first petition | ||
so that the hearing of all
petitions shall be set for the same | ||
day and hour. In any county where there
are 2 or more judges | ||
sitting at the time of filing such first
petitions the clerk of | ||
the circuit court shall cause all petitions
filed subsequent to | ||
the first petition to be assigned to the
judge to whom the | ||
first petition
is assigned so that all such petitions may be | ||
heard by the same judge.
| ||
Should 2 or more petitions be filed under this act and come
| ||
on for hearing at the same time and it shall be found by the
| ||
circuit court that any of the territory embraced in any one
of | ||
the petitions is included in or contiguous with the territory
| ||
embraced in any other
petition or petitions, the circuit court | ||
may
include all of the
territory described in such petitions in | ||
one district and shall fix the
name proposed in the petition | ||
first filed as the name for the district.
After the entry of | ||
the order fixing and defining the boundaries and the
name of | ||
such proposed district, it shall be the duty of the
circuit | ||
court to order to be submitted to the legal voters
of such | ||
proposed district at any election, the question
of the | ||
organization of such proposed district. The clerk of the | ||
circuit
court shall certify the order and the question to the | ||
proper election officials
who shall submit the question to the | ||
voters of the proposed district in
accordance with the general | ||
election law.
Notice of the referendum shall contain a definite | ||
description of the territory
intended to be embraced in such | ||
district, and the name of such district.
| ||
(Source: P.A. 83-1362.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||