Executive Committee
Filed: 5/12/2009
 
 

 




 

 		












09600SB0246ham001

LRB096 07880 RLJ 26259 a






1

AMENDMENT TO SENATE BILL 246




2
    AMENDMENT NO. ______. Amend Senate Bill 246 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Public Water District Act is amended  by 
5
changing Section 4 as follows:
 



6
    (70 ILCS 3705/4)  (from Ch. 111 2/3, par. 191)



7
    Sec. 4. 
A board of trustees consisting of 7 members for the

8
government, control and management of the affairs of the 
9
business of
each such water district organized under this Act 
10
shall be created in
the following manner:

11
    (1) If the district lies wholly within a single township 
12
but does
not also lie wholly within a municipality, the board 
13
of trustees
of that
township shall appoint the trustees for the 
14
district but no voting member
of the township board is eligible 
15
for such appointment;

16
    (2) If the district is wholly contained within a 
 


 






09600SB0246ham001
- 2 -
LRB096 07880 RLJ 26259 a




1
municipality, the
governing body of the municipality shall 
2
appoint the trustees for the
district;

3
    (3) If the district is wholly contained within a single 
4
county, the
trustees for the district shall be appointed by the 
5
presiding officer of
the county board with the advice and 
6
consent of the county board;

7
    (4) If the district is located in more than one county, the 
8
number
of trustees who are residents of a county shall be in 
9
proportion, as
nearly as practicable, to the number of 
10
residents of the district who
reside in that county in relation 
11
to the total population of the
district.  Trustees shall be 
12
appointed by the county board of their
respective counties, or 
13
in the case of a home rule county as defined by
Article VII, 
14
Section 6 of the Constitution of 1970, by the chief
executive 
15
officer of that county with the advice and consent of the

16
county board.

17
    Upon the expiration of the term of a trustee who is in 
18
office on the
effective date of this Amendatory Act of 1975, 
19
the successor shall be a
resident of whichever county is 
20
entitled to such representation in order
to bring about the 
21
proportional representation required herein, and he
shall be 
22
appointed by the appointing authority of that county.

23
    Thereafter, each trustee shall be succeeded by a resident 
24
of the same
county who shall be appointed by the same 
25
appointing authority; however,
the provisions of the preceding 
26
paragraph shall apply to the appointment
of the successor to 
 


 






09600SB0246ham001
- 3 -
LRB096 07880 RLJ 26259 a




1
each trustee who is in office at the time of the
publication of 
2
each decennial Federal census of population.

3
    Within 60 days after the adoption of this Act as provided 
4
in Section
2 hereof, the appropriate appointing authority shall 
5
appoint 7 trustees
who shall hold that office respectively one 
6
for one, one for 2, one for
3, 2 for 4 and 2 for 5 years from 
7
the first Monday of May next after
their appointment as 
8
designated by the appointing authority at the time
of 
9
appointment and until their successors are appointed and have

10
qualified. Thereafter on or after the first Monday in May of 
11
each year
the appointing authority shall appoint successors 
12
whose term shall be
for 5 years commencing the first Monday in 
13
May of the year they are
respectively appointed.  If the circuit 
14
court finds that the size,
number of members, and scale of 
15
operations of the water district
justifies a Board of Trustees 
16
of less than 7 members he shall rule that
such board shall have 
17
3 or 5 members.  Initial appointments to a 3
member board shall 
18
be as follows: one for one, one for 2, and one for 3
years.  
19
Initial appointments to a 5 member board shall be as follows:

20
one for one, one for 2, one for 3, one for 4 and one for 5 
21
years.  In
each such case the term of office and method of 
22
appointing successors
shall be as provided in this Section for 
23
7 member boards.  The
appointing authority shall require each of 
24
such trustees to enter a bond
with security to be approved by 
25
the appointing authority in such sum as
such appointing 
26
authority may determine.  A majority of the Board of
Trustees 
 


 






09600SB0246ham001
- 4 -
LRB096 07880 RLJ 26259 a




1
shall constitute a quorum, but a smaller number may adjourn

2
from day to day.  No trustee or employee of such district shall 
3
be
directly or indirectly interested in any contract, work or 
4
business of
the district or the sale of any article, the 
5
expense, price or
consideration of which is paid by such 
6
district, nor in the purchase of
any real estate or property 
7
for or belonging to the district.

8
    Whenever a vacancy in such board of trustees shall occur 
9
either from
death, resignation, refusal to qualify or for any 
10
other reason the
appointing authority shall have power to fill 
11
such vacancy by
appointment. Such persons so appointed or 
12
qualified for office in the
manner hereinbefore stated shall 
13
thereupon assume the duties of the
office for the unexpired 
14
term for which such person was appointed.

15
    For terms commencing before the effective date of this 
16
amendatory Act of the 96th General Assembly, the The trustees 
17
appointed under this Act shall be paid
a sum of not to exceed 
18
$600 per annum for their respective duties as
trustees, except 
19
that trustees of a district with an annual operating budget
of 
20
$1,000,000 or more may be paid a sum not to exceed $1,000 per 
21
annum.
 For terms commencing on or after the effective date of 
22
this amendatory Act of the 96th General Assembly, the trustees 
23
shall be paid a sum of not to exceed $1,200 per annum. However, 
24
trustees appointed under this Act for any public
water district 
25
which acquires by purchase or condemnation, or
constructs, and 
26
maintains and operates sewerage properties in
combination with 
 


 






09600SB0246ham001
- 5 -
LRB096 07880 RLJ 26259 a




1
its waterworks
properties, under the provisions of Section 23a 
2
of this Act,
shall be paid a sum of not to exceed $2,000 per 
3
annum for their
respective duties as trustees.  Compensation in 
4
either case
shall be determined by resolution of the
respective 
5
boards of trustees, to be adopted annually at their
first 
6
meeting in May.

7
    Any public water district organized under this Act with a 
8
board of
trustees consisting of 7 members may have the size of 
9
its board reduced
as provided in Section 4.1.

10
(Source: P.A. 91-333, eff. 1-1-00.)".