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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 2A-41 and 7-12 as follows:
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6 | (10 ILCS 5/2A-41) (from Ch. 46, par. 2A-41)
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7 | Sec. 2A-41. Sanitary District - Trustee - Time of Election. | ||||||||||||||||||||||||||||
8 | A
trustee of a Sanitary District which elects its trustees, | ||||||||||||||||||||||||||||
9 | other than the
Metropolitan Sanitary District of Greater | ||||||||||||||||||||||||||||
10 | Chicago or the Fox Metro Water Reclamation District , shall be | ||||||||||||||||||||||||||||
11 | elected at
the general election in each even-numbered year | ||||||||||||||||||||||||||||
12 | which immediately
precedes the expiration of the term of any | ||||||||||||||||||||||||||||
13 | incumbent trustee, to succeed
each incumbent trustee whose term | ||||||||||||||||||||||||||||
14 | ends before the following general
election.
| ||||||||||||||||||||||||||||
15 | (Source: P.A. 80-936.)
| ||||||||||||||||||||||||||||
16 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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17 | Sec. 7-12. All petitions for nomination shall be filed by | ||||||||||||||||||||||||||||
18 | mail or
in person as follows: | ||||||||||||||||||||||||||||
19 | (1) Where the nomination is to be made for a State, | ||||||||||||||||||||||||||||
20 | congressional, or
judicial office, or for any office a | ||||||||||||||||||||||||||||
21 | nomination for which is made for a
territorial division or | ||||||||||||||||||||||||||||
22 | district which comprises more than one county or
is partly |
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| |||||||
1 | in one county and partly in another county or counties, | ||||||
2 | then,
except as otherwise provided in this Section, such | ||||||
3 | petition for nomination
shall be filed in the principal | ||||||
4 | office of the State Board of Elections not
more than 113 | ||||||
5 | and not less than 106 days prior to the date of the | ||||||
6 | primary,
but, in the case of petitions for nomination to | ||||||
7 | fill a vacancy by special
election in the office of | ||||||
8 | representative in Congress from this State, such
petition | ||||||
9 | for nomination shall be filed in the principal office of | ||||||
10 | the State
Board of Elections not more than 85 days and not | ||||||
11 | less than 82 days prior to
the date of the primary.
| ||||||
12 | Where a vacancy occurs in the office of Supreme, | ||||||
13 | Appellate or Circuit
Court Judge within the 3-week period | ||||||
14 | preceding the 106th day before a
general primary election, | ||||||
15 | petitions for nomination for the office in which
the | ||||||
16 | vacancy has occurred shall be filed in the principal office | ||||||
17 | of the
State Board of Elections not more than 92 nor less | ||||||
18 | than 85 days prior to
the date of the general primary | ||||||
19 | election.
| ||||||
20 | Where the nomination is to be made for delegates or | ||||||
21 | alternate
delegates to a national nominating convention, | ||||||
22 | then such petition for
nomination shall be filed in the | ||||||
23 | principal office of the State Board of
Elections not more | ||||||
24 | than 113 and not less than 106 days prior to the date of
| ||||||
25 | the primary; provided, however, that if the rules or | ||||||
26 | policies of a national
political party conflict with such |
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| |||||||
1 | requirements for filing petitions for
nomination for | ||||||
2 | delegates or alternate delegates to a national nominating
| ||||||
3 | convention, the chairman of the State central committee of | ||||||
4 | such national
political party shall notify the Board in | ||||||
5 | writing, citing by reference the
rules or policies of the | ||||||
6 | national political party in conflict, and in such
case the | ||||||
7 | Board shall direct such petitions to be filed in accordance | ||||||
8 | with the delegate selection plan adopted by the state | ||||||
9 | central committee of such national political party.
| ||||||
10 | (2) Where the nomination is to be made for a county | ||||||
11 | office or trustee
of a sanitary district or the Fox Metro | ||||||
12 | Water Reclamation District, then such petition shall be | ||||||
13 | filed in the office
of the county clerk not more than 113 | ||||||
14 | nor less than 106 days prior to the
date of the primary.
| ||||||
15 | (3) Where the nomination is to be made for a municipal | ||||||
16 | or township
office, such petitions for nomination shall be | ||||||
17 | filed in the office of
the local election official, not | ||||||
18 | more than 99 nor less than 92 days
prior to the date of the | ||||||
19 | primary; provided, where a municipality's or
township's | ||||||
20 | boundaries are coextensive with or are entirely within the
| ||||||
21 | jurisdiction of a municipal board of election | ||||||
22 | commissioners, the petitions
shall be filed in the office | ||||||
23 | of such board; and provided, that petitions
for the office | ||||||
24 | of multi-township assessor shall be filed with the election
| ||||||
25 | authority.
| ||||||
26 | (4) The petitions of candidates for State central |
| |||||||
| |||||||
1 | committeeman shall
be filed in the principal office of the | ||||||
2 | State Board of Elections not
more than 113 nor less than | ||||||
3 | 106 days prior to the date of the primary.
| ||||||
4 | (5) Petitions of candidates for precinct, township or | ||||||
5 | ward
committeemen shall be filed in the office of the | ||||||
6 | county clerk not more
than 113 nor less than 106 days prior | ||||||
7 | to the date of the primary.
| ||||||
8 | (6) The State Board of Elections and the various | ||||||
9 | election authorities
and local election officials with | ||||||
10 | whom such petitions for nominations
are filed shall specify | ||||||
11 | the place where filings shall be made and upon
receipt | ||||||
12 | shall endorse thereon the day and hour on which each | ||||||
13 | petition
was filed. All petitions filed by persons waiting | ||||||
14 | in line as of 8:00
a.m. on the first day for filing, or as | ||||||
15 | of the normal opening hour of
the office involved on such | ||||||
16 | day, shall be deemed filed as of 8:00 a.m.
or the normal | ||||||
17 | opening hour, as the case may be. Petitions filed by mail
| ||||||
18 | and received after midnight of the first day for filing and | ||||||
19 | in the first
mail delivery or pickup of that day shall be | ||||||
20 | deemed as filed as of 8:00
a.m. of that day or as of the | ||||||
21 | normal opening hour of such day, as the
case may be. All | ||||||
22 | petitions received thereafter shall be deemed as filed
in | ||||||
23 | the order of actual receipt. However, 2 or more petitions | ||||||
24 | filed within the last hour of the filing deadline shall be | ||||||
25 | deemed filed simultaneously. Where 2 or more petitions are | ||||||
26 | received
simultaneously, the State Board of Elections or |
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| |||||||
1 | the various election
authorities or local election | ||||||
2 | officials with whom such petitions are
filed shall break | ||||||
3 | ties and determine the order of filing, by means of a
| ||||||
4 | lottery or other fair and impartial method of random | ||||||
5 | selection approved
by the State Board of Elections. Such | ||||||
6 | lottery shall be conducted within
9 days following the last | ||||||
7 | day for petition filing and shall be open to the
public. | ||||||
8 | Seven days written notice of the time and place of | ||||||
9 | conducting such
random selection shall be given by the | ||||||
10 | State Board of Elections to the
chairman of the State | ||||||
11 | central committee of each established political
party, and | ||||||
12 | by each election authority or local election official, to | ||||||
13 | the
County Chairman of each established political party, | ||||||
14 | and to each
organization of citizens within the election | ||||||
15 | jurisdiction which was
entitled, under this Article, at the | ||||||
16 | next preceding election, to have
pollwatchers present on | ||||||
17 | the day of election. The State Board of Elections,
election | ||||||
18 | authority or local election official shall post in a | ||||||
19 | conspicuous,
open and public place, at the entrance of the | ||||||
20 | office, notice of the time
and place of such lottery. The | ||||||
21 | State Board of Elections shall adopt rules
and regulations | ||||||
22 | governing the procedures for the conduct of such lottery.
| ||||||
23 | All candidates shall be certified in the order in which | ||||||
24 | their petitions
have been filed. Where candidates have | ||||||
25 | filed simultaneously, they shall be
certified in the order | ||||||
26 | determined by lot and prior to candidates who filed
for the |
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| |||||||
1 | same office at a later time.
| ||||||
2 | (7) The State Board of Elections or the appropriate | ||||||
3 | election
authority or local election official with whom | ||||||
4 | such a petition for
nomination is filed shall notify the | ||||||
5 | person for whom a petition for
nomination has been filed of | ||||||
6 | the obligation to file statements of
organization, reports | ||||||
7 | of campaign contributions, and annual reports of
campaign | ||||||
8 | contributions and expenditures under Article 9 of this Act.
| ||||||
9 | Such notice shall be given in the manner prescribed by | ||||||
10 | paragraph (7) of
Section 9-16 of this Code.
| ||||||
11 | (8) Nomination papers filed under this Section are not | ||||||
12 | valid if the
candidate named therein fails to file a | ||||||
13 | statement of economic interests
as required by the Illinois | ||||||
14 | Governmental Ethics Act in relation to his
candidacy with | ||||||
15 | the appropriate officer by the end of the period for the
| ||||||
16 | filing of nomination papers unless he has filed a statement | ||||||
17 | of economic
interests in relation to the same governmental | ||||||
18 | unit with that officer
within a year preceding the date on | ||||||
19 | which such nomination papers were
filed. If the nomination | ||||||
20 | papers of any candidate and the statement of
economic | ||||||
21 | interest of that candidate are not required to be filed | ||||||
22 | with
the same officer, the candidate must file with the | ||||||
23 | officer with whom the
nomination papers are filed a receipt | ||||||
24 | from the officer with whom the
statement of economic | ||||||
25 | interests is filed showing the date on which such
statement | ||||||
26 | was filed. Such receipt shall be so filed not later than |
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| |||||||
1 | the
last day on which nomination papers may be filed.
| ||||||
2 | (9) Any person for whom a petition for nomination, or | ||||||
3 | for committeeman or
for delegate or alternate delegate to a | ||||||
4 | national nominating convention has
been filed may cause his | ||||||
5 | name to be withdrawn by request in writing, signed
by him | ||||||
6 | and duly acknowledged before an officer qualified to take
| ||||||
7 | acknowledgments of deeds, and filed in the principal or | ||||||
8 | permanent branch
office of the State Board of Elections or | ||||||
9 | with the appropriate election
authority or local election | ||||||
10 | official, not later than the date of
certification of | ||||||
11 | candidates for the consolidated primary or general primary
| ||||||
12 | ballot. No names so withdrawn shall be certified or printed | ||||||
13 | on the
primary ballot. If petitions for nomination have | ||||||
14 | been filed for the
same person with respect to more than | ||||||
15 | one political party, his name
shall not be certified nor | ||||||
16 | printed on the primary ballot of any party.
If petitions | ||||||
17 | for nomination have been filed for the same person for 2 or
| ||||||
18 | more offices which are incompatible so that the same person | ||||||
19 | could not
serve in more than one of such offices if | ||||||
20 | elected, that person must
withdraw as a candidate for all | ||||||
21 | but one of such offices within the
5 business days | ||||||
22 | following the last day for petition filing. A candidate in | ||||||
23 | a judicial election may file petitions for nomination for | ||||||
24 | only one vacancy in a subcircuit and only one vacancy in a | ||||||
25 | circuit in any one filing period, and if petitions for | ||||||
26 | nomination have been filed for the same person for 2 or |
| |||||||
| |||||||
1 | more vacancies in the same circuit or subcircuit in the | ||||||
2 | same filing period, his or her name shall be certified only | ||||||
3 | for the first vacancy for which the petitions for | ||||||
4 | nomination were filed. If he fails to
withdraw as a | ||||||
5 | candidate for all but one of such offices within such time
| ||||||
6 | his name shall not be certified, nor printed on the primary | ||||||
7 | ballot, for any
office. For the purpose of the foregoing | ||||||
8 | provisions, an office in a
political party is not | ||||||
9 | incompatible with any other office.
| ||||||
10 | (10)(a) Notwithstanding the provisions of any other | ||||||
11 | statute, no primary
shall be held for an established | ||||||
12 | political party in any township,
municipality, or ward | ||||||
13 | thereof, where the nomination of such
party for every | ||||||
14 | office to be voted upon by the electors of such
township, | ||||||
15 | municipality, or ward thereof, is uncontested. Whenever a
| ||||||
16 | political party's nomination of candidates is uncontested | ||||||
17 | as to one or
more, but not all, of the offices to be voted | ||||||
18 | upon by the electors of a
township, municipality, or ward | ||||||
19 | thereof, then a primary shall
be held for that party in | ||||||
20 | such township, municipality, or ward thereof;
provided | ||||||
21 | that the primary ballot shall not include those offices
| ||||||
22 | within such township, municipality, or ward thereof, for | ||||||
23 | which the
nomination is uncontested. For purposes of this | ||||||
24 | Article, the nomination
of an established political party | ||||||
25 | of a candidate for election to an office
shall be deemed to | ||||||
26 | be uncontested where not more than the number of persons
to |
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| |||||||
1 | be nominated have timely filed valid nomination papers | ||||||
2 | seeking the
nomination of such party for election to such | ||||||
3 | office.
| ||||||
4 | (b) Notwithstanding the provisions of any other | ||||||
5 | statute, no primary
election shall be held for an | ||||||
6 | established political party for any special
primary | ||||||
7 | election called for the purpose of filling a vacancy in the | ||||||
8 | office
of representative in the United States Congress | ||||||
9 | where the nomination of
such political party for said | ||||||
10 | office is uncontested. For the purposes of
this Article, | ||||||
11 | the nomination of an established political party of a
| ||||||
12 | candidate for election to said office shall be deemed to be | ||||||
13 | uncontested
where not more than the number of persons to be | ||||||
14 | nominated have timely filed
valid nomination papers | ||||||
15 | seeking the nomination of such established party
for | ||||||
16 | election to said office. This subsection (b) shall not | ||||||
17 | apply if such
primary election is conducted on a regularly | ||||||
18 | scheduled election day.
| ||||||
19 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
20 | and (b) of this
paragraph (10), whenever a person who has | ||||||
21 | not timely filed valid nomination
papers and who intends to | ||||||
22 | become a write-in candidate for a political
party's | ||||||
23 | nomination for any office for which the nomination is | ||||||
24 | uncontested
files a written statement or notice of that | ||||||
25 | intent with the State Board of
Elections or the local | ||||||
26 | election official with whom nomination papers for
such |
| |||||||
| |||||||
1 | office are filed, a primary ballot shall be prepared and a | ||||||
2 | primary
shall be held for that office. Such statement or | ||||||
3 | notice shall be filed on
or before the date established in | ||||||
4 | this Article for certifying candidates
for the primary | ||||||
5 | ballot. Such statement or notice shall contain (i) the
name | ||||||
6 | and address of the person intending to become a write-in | ||||||
7 | candidate,
(ii) a statement that the person is a qualified | ||||||
8 | primary elector of the
political party from whom the | ||||||
9 | nomination is sought, (iii) a statement that
the person | ||||||
10 | intends to become a write-in candidate for the party's
| ||||||
11 | nomination, and (iv) the office the person is seeking as a | ||||||
12 | write-in
candidate. An election authority shall have no | ||||||
13 | duty to conduct a primary
and prepare a primary ballot for | ||||||
14 | any office for which the nomination is
uncontested unless a | ||||||
15 | statement or notice meeting the requirements of this
| ||||||
16 | Section is filed in a timely manner.
| ||||||
17 | (11) If multiple sets of nomination papers are filed | ||||||
18 | for a candidate to
the same office, the State Board of | ||||||
19 | Elections, appropriate election
authority or local | ||||||
20 | election official where the petitions are filed shall
| ||||||
21 | within 2 business days notify the candidate of his or her | ||||||
22 | multiple petition
filings and that the candidate has 3 | ||||||
23 | business days after receipt of the
notice to notify the | ||||||
24 | State Board of Elections, appropriate election
authority | ||||||
25 | or local election official that he or she may cancel prior | ||||||
26 | sets
of petitions. If the candidate notifies the State |
| |||||||
| |||||||
1 | Board of Elections,
appropriate election authority or | ||||||
2 | local election official, the last set of
petitions filed | ||||||
3 | shall be the only petitions to be considered valid by the
| ||||||
4 | State Board of Elections, election authority or local | ||||||
5 | election official. If
the candidate fails to notify the | ||||||
6 | State Board of Elections, election authority
or local
| ||||||
7 | election official then only the first set of petitions | ||||||
8 | filed shall be valid
and all subsequent petitions shall be | ||||||
9 | void.
| ||||||
10 | (12) All nominating petitions shall be available for | ||||||
11 | public inspection
and shall be preserved for a period of | ||||||
12 | not less than 6 months.
| ||||||
13 | (Source: P.A. 99-221, eff. 7-31-15.)
| ||||||
14 | Section 10. The Sanitary District Act of 1917 is amended by | ||||||
15 | changing Section 3 as follows:
| ||||||
16 | (70 ILCS 2405/3) (from Ch. 42, par. 301)
| ||||||
17 | Sec. 3. Board of trustees; creation; term. A board of | ||||||
18 | trustees shall be created, consisting of 5 members
in any | ||||||
19 | sanitary district which includes one or more municipalities | ||||||
20 | with
a population of over 90,000 but less than 500,000 | ||||||
21 | according to the most
recent Federal census, and consisting of | ||||||
22 | 3 members in any other district.
However, the board of trustees | ||||||
23 | for the Fox River Water Reclamation District, the Sanitary | ||||||
24 | District of Decatur, and the Northern Moraine Wastewater |
| |||||||
| |||||||
1 | Reclamation District
shall each consist of 5 members. Each | ||||||
2 | board of trustees shall be created for the
government, control | ||||||
3 | and management of the affairs and business of each
sanitary | ||||||
4 | district organized under this Act shall be created in the
| ||||||
5 | following manner:
| ||||||
6 | (1) If the district's corporate boundaries are located | ||||||
7 | wholly within a single county, the
presiding officer of the | ||||||
8 | county board, with the advice and consent of
the county | ||||||
9 | board, shall appoint the trustees for the district;
| ||||||
10 | (2) If the district's corporate boundaries are located | ||||||
11 | in more than one county, the members
of the General | ||||||
12 | Assembly whose legislative districts encompass any
portion | ||||||
13 | of the district shall appoint the trustees for the | ||||||
14 | district.
| ||||||
15 | In any sanitary district which shall have a 3 member board | ||||||
16 | of trustees,
within 60 days after the adoption of such act, the | ||||||
17 | appropriate
appointing authority shall appoint three trustees | ||||||
18 | not more than 2 of
whom shall be from one incorporated city, | ||||||
19 | town or village in districts
in which are included 2 or more | ||||||
20 | incorporated cities, towns or villages,
or parts of 2 or more | ||||||
21 | incorporated cities, towns or villages, who shall
hold their | ||||||
22 | office respectively for 1, 2 and 3 years, from the first
Monday | ||||||
23 | of May next after their appointment and until their successors
| ||||||
24 | are appointed and have qualified, and thereafter on or before | ||||||
25 | the second
Monday in April of each year the appropriate | ||||||
26 | appointing authority shall
appoint one trustee whose term shall |
| |||||||
| |||||||
1 | be for 3 years commencing the first
Monday in May of the year | ||||||
2 | in which he is appointed. The
length of the term of the first | ||||||
3 | trustees shall be determined by lot at
their first meeting.
| ||||||
4 | In the case of any sanitary district created after January | ||||||
5 | 1, 1978 in which
a 5 member board of trustees is required, the | ||||||
6 | appropriate appointing authority
shall appoint 5 trustees, one | ||||||
7 | of whom shall hold office for one year, two
of whom shall hold | ||||||
8 | office for 2 years, and 2 of whom shall hold office for
3 years | ||||||
9 | from the first Monday of May next after their respective | ||||||
10 | appointments
and until their successors are appointed and have | ||||||
11 | qualified. Thereafter,
on or before the second Monday in April | ||||||
12 | of each year the appropriate
appointing authority shall appoint | ||||||
13 | one trustee or 2 trustees, as shall be
necessary to maintain a | ||||||
14 | 5 member board of trustees, whose terms shall be for 3
years
| ||||||
15 | commencing the first Monday in May of the year in which they | ||||||
16 | are respectively
appointed. The length of the terms of the | ||||||
17 | first trustees shall be determined
by lot at their first | ||||||
18 | meeting.
| ||||||
19 | In any sanitary district created prior to January 1, 1978 | ||||||
20 | in which a
5 member board of trustees is required as of January | ||||||
21 | 1, 1978,
the two trustees already serving terms which do not | ||||||
22 | expire on May 1, 1978
shall continue to hold office for the | ||||||
23 | remainders of their respective terms,
and 3 trustees shall be | ||||||
24 | appointed by the appropriate appointing authority
by April 10, | ||||||
25 | 1978 and shall hold office for terms beginning May 1, 1978.
Of | ||||||
26 | the three new trustees, one shall hold office for 2 years and 2 |
| |||||||
| |||||||
1 | shall
hold office for 3 years from May 1, 1978 and until their | ||||||
2 | successors are
appointed and have qualified. Thereafter, on or | ||||||
3 | before the second Monday
in April of each year the appropriate | ||||||
4 | appointing authority shall appoint
one trustee or 2 trustees, | ||||||
5 | as shall be necessary to maintain a 5 member
board of trustees, | ||||||
6 | whose terms shall be for 3 years commencing the first
Monday in | ||||||
7 | May of the year in which they are respectively appointed. The
| ||||||
8 | lengths of the terms of the trustees who are to hold office | ||||||
9 | beginning May
1, 1978 shall be determined by lot at their first | ||||||
10 | meeting after May 1, 1978.
| ||||||
11 | No more than 3 members of a 5 member board of trustees may | ||||||
12 | be of the same
political party; except that in any sanitary | ||||||
13 | district which otherwise
meets the requirements of this Section | ||||||
14 | and which lies within 4 counties of the
State of Illinois or, | ||||||
15 | prior to April 30, 2008, in the Fox River Water Reclamation | ||||||
16 | District; the
appointments of the 5 members of the board of | ||||||
17 | trustees
shall be made without regard to political party. | ||||||
18 | Beginning with the appointments made on April 30, 2008, all | ||||||
19 | appointments to the board of trustees of the Fox River Water | ||||||
20 | Reclamation District shall be made so that no more than 3 of | ||||||
21 | the 5 members are from the same political party.
| ||||||
22 | Beginning with the 2019 municipal election, the board of | ||||||
23 | trustees of the Fox Metro Water Reclamation District shall be | ||||||
24 | elected as provided in this paragraph. The election of trustees | ||||||
25 | shall be in accordance with Section 2A-1.1 of the Election | ||||||
26 | Code. Any board member serving on the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 100th General Assembly whose term does | ||||||
2 | not expire in 2019 shall serve until his or her successor is | ||||||
3 | elected and qualified. The board of trustees shall consist of 5 | ||||||
4 | elected members. The trustees shall be elected for staggered | ||||||
5 | terms at the election as provided by the Election Code. Two | ||||||
6 | trustees shall be elected at the 2019 election, and 3 trustees | ||||||
7 | shall be elected at the following consolidated election. | ||||||
8 | Elected trustees shall take office on the first Tuesday after | ||||||
9 | the first Monday in the month following the month of their | ||||||
10 | election and shall hold their offices for 4 years and until | ||||||
11 | their successors are elected and qualified. When a vacancy | ||||||
12 | exists on the board of trustees of the Fox Metro Water | ||||||
13 | Reclamation District, the vacancy shall be filled by | ||||||
14 | appointment by the president of the board of trustees, with the | ||||||
15 | advice and consent of the members of the board of trustees, | ||||||
16 | until the next regular election at which trustees of the | ||||||
17 | district are elected, and shall be made a matter of record in | ||||||
18 | the office of the county clerk in the county where the district | ||||||
19 | is located. For a vacancy filled by appointment, the portion of | ||||||
20 | the unexpired term remaining after the next regular election at | ||||||
21 | which trustees of the district are elected shall be filled by | ||||||
22 | election, as provided for in this paragraph. | ||||||
23 | Within 60 days after the release of Federal census | ||||||
24 | statistics showing that
a sanitary district having a 3 member | ||||||
25 | board of trustees contains one
or more municipalities with a | ||||||
26 | population over 90,000 but less than 500,000,
or, for the |
| |||||||
| |||||||
1 | Northern Moraine Wastewater Reclamation District, within 60 | ||||||
2 | days after the effective date of this amendatory Act of the | ||||||
3 | 95th General Assembly, the appropriate appointing authority | ||||||
4 | shall appoint 2 additional trustees
to the board of trustees, | ||||||
5 | one to hold office for 2 years and one to hold
office for 3 | ||||||
6 | years from the first Monday of May next after their appointment
| ||||||
7 | and until their successors are appointed and have qualified. | ||||||
8 | The lengths
of the terms of these two additional members shall | ||||||
9 | be determined by lot
at the first meeting of the board of | ||||||
10 | trustees held after the additional
members take office. The | ||||||
11 | three trustees already holding office in the sanitary
district | ||||||
12 | shall continue
to hold office for the remainders of their | ||||||
13 | respective terms. Thereafter,
on or before the second Monday in | ||||||
14 | April of each year the appropriate appointing
authority shall | ||||||
15 | appoint one trustee or 2 trustees, as shall be necessary
to | ||||||
16 | maintain a 5 member board of trustees, whose terms shall be for | ||||||
17 | 3 years
commencing the first Monday in May of the year in which | ||||||
18 | they are respectively
appointed.
| ||||||
19 | If any sanitary district having a 5 member board of | ||||||
20 | trustees shall cease
to contain one or more municipalities with | ||||||
21 | a population over 90,000 but
less than 500,000 according to the | ||||||
22 | most recent Federal census, then, for
so long as that sanitary | ||||||
23 | district does not contain one or more such
municipalities,
on | ||||||
24 | or before the second Monday in April of each year the | ||||||
25 | appropriate appointing
authority shall
appoint one trustee | ||||||
26 | whose term shall be for 3 years commencing the first
Monday in |
| |||||||
| |||||||
1 | May of the year in which he is appointed. In districts which
| ||||||
2 | include 2 or more incorporated cities, towns, or villages, or | ||||||
3 | parts of 2
or more incorporated cities, towns, or villages, all | ||||||
4 | of the trustees shall
not be from one incorporated city, town | ||||||
5 | or village.
| ||||||
6 | If a vacancy occurs on any board of trustees, the | ||||||
7 | appropriate appointing
authority shall within 60 days appoint a | ||||||
8 | trustee who shall hold office for
the remainder of the vacated | ||||||
9 | term.
| ||||||
10 | The appointing authority shall require each of the trustees | ||||||
11 | to enter
into bond, with security to be approved by the | ||||||
12 | appointing authority, in
such sum as the appointing authority | ||||||
13 | may determine.
| ||||||
14 | A majority of the board of trustees shall constitute a | ||||||
15 | quorum but a
smaller number may adjourn from day to day. No | ||||||
16 | trustee or employee of
such district shall be directly or | ||||||
17 | indirectly interested in any
contract, work or business of the | ||||||
18 | district, or the sale of any article,
the expense, price or | ||||||
19 | consideration of which is paid by such district;
nor in the | ||||||
20 | purchase of any real estate or property belonging to the
| ||||||
21 | district, or which shall be sold for taxes or assessments, or | ||||||
22 | by virtue
of legal process at the suit of the district. | ||||||
23 | Provided, that nothing
herein shall be construed as prohibiting | ||||||
24 | the appointment or selection of
any person as trustee or | ||||||
25 | employee whose only interest in the district is
as owner of | ||||||
26 | real estate in the district or of contributing to the
payment |
| |||||||
| |||||||
1 | of taxes levied by the district. The trustees shall have the
| ||||||
2 | power to provide and adopt a corporate seal for the district.
| ||||||
3 | Notwithstanding any other provision in this Section, in any | ||||||
4 | sanitary
district created prior to the effective date of this | ||||||
5 | amendatory Act of
1985, in which a five member board of | ||||||
6 | trustees has been appointed and which
currently includes one or | ||||||
7 | more municipalities with a population of over
90,000 but less | ||||||
8 | than 500,000, the board of trustees shall consist of five
| ||||||
9 | members. | ||||||
10 | Except as otherwise provided for vacancies, in the event | ||||||
11 | that the appropriate appointing authority fails to appoint a | ||||||
12 | trustee under this Section, the appropriate appointing | ||||||
13 | authority shall reconvene and appoint a successor on or before | ||||||
14 | July 1 of that year.
| ||||||
15 | (Source: P.A. 98-407, eff. 1-1-14; 98-828, eff. 8-1-14.)
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law. |