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91_SB0151
LRB9102155JMpk
1 AN ACT in relation to river conservancy districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Section 2A-1.2 and adding Section 2A-35.5 as follows:
6 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
7 Sec. 2A-1.2. Consolidated Schedule of Elections -
8 Offices Designated.
9 (a) At the general election in the appropriate
10 even-numbered years, the following offices shall be filled or
11 shall be on the ballot as otherwise required by this Code:
12 (1) Elector of President and Vice President of the
13 United States;
14 (2) United States Senator and United States
15 Representative;
16 (3) State Executive Branch elected officers;
17 (4) State Senator and State Representative;
18 (5) County elected officers, including State's
19 Attorney, County Board member, County Commissioners, and
20 elected President of the County Board or County Chief
21 Executive;
22 (6) Circuit Court Clerk;
23 (7) Regional Superintendent of Schools, except in
24 counties or educational service regions in which that
25 office has been abolished;
26 (8) Judges of the Supreme, Appellate and Circuit
27 Courts, on the question of retention, to fill vacancies
28 and newly created judicial offices;
29 (9) (Blank);
30 (10) Trustee of the Metropolitan Sanitary District
31 of Chicago, and elected Trustee of other Sanitary
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1 Districts;
2 (11) Special District elected officers, not
3 otherwise designated in this Section, where the statute
4 creating or authorizing the creation of the district
5 requires an annual election and permits or requires
6 election of candidates of political parties.
7 (b) At the general primary election:
8 (1) in each even-numbered year candidates of
9 political parties shall be nominated for those offices to
10 be filled at the general election in that year, except
11 where pursuant to law nomination of candidates of
12 political parties is made by caucus.
13 (2) in the appropriate even-numbered years the
14 political party offices of State central committeeman,
15 township committeeman, ward committeeman, and precinct
16 committeeman shall be filled and delegates and alternate
17 delegates to the National nominating conventions shall be
18 elected as may be required pursuant to this Code. In the
19 even-numbered years in which a Presidential election is
20 to be held, candidates in the Presidential preference
21 primary shall also be on the ballot.
22 (3) in each even-numbered year, where the
23 municipality has provided for annual elections to elect
24 municipal officers pursuant to Section 6(f) or Section 7
25 of Article VII of the Constitution, pursuant to the
26 Illinois Municipal Code or pursuant to the municipal
27 charter, the offices of such municipal officers shall be
28 filled at an election held on the date of the general
29 primary election, provided that the municipal election
30 shall be a nonpartisan election where required by the
31 Illinois Municipal Code. For partisan municipal
32 elections in even-numbered years, a primary to nominate
33 candidates for municipal office to be elected at the
34 general primary election shall be held on the Tuesday 6
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1 weeks preceding that election.
2 (4) in each school district which has adopted the
3 provisions of Article 33 of the School Code, successors
4 to the members of the board of education whose terms
5 expire in the year in which the general primary is held
6 shall be elected.
7 (c) At the consolidated election in the appropriate
8 odd-numbered years, the following offices shall be filled:
9 (1) Municipal officers, provided that in
10 municipalities in which candidates for alderman or other
11 municipal office are not permitted by law to be
12 candidates of political parties, the runoff election
13 where required by law, or the nonpartisan election where
14 required by law, shall be held on the date of the
15 consolidated election; and provided further, in the case
16 of municipal officers provided for by an ordinance
17 providing the form of government of the municipality
18 pursuant to Section 7 of Article VII of the Constitution,
19 such offices shall be filled by election or by runoff
20 election as may be provided by such ordinance;
21 (2) Village and incorporated town library
22 directors;
23 (3) City boards of stadium commissioners;
24 (4) Commissioners of park districts;
25 (5) Trustees of public library districts;
26 (6) Special District elected officers, not
27 otherwise designated in this section, where the statute
28 creating or authorizing the creation of the district
29 permits or requires election of candidates of political
30 parties;
31 (7) Township officers, including township park
32 commissioners, township library directors, and boards of
33 managers of community buildings, and Multi-Township
34 Assessors;
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1 (8) Highway commissioners and road district clerks;
2 (9) Members of school boards in school districts
3 which adopt Article 33 of the School Code;
4 (10) The directors and chairman of the Chain O
5 Lakes - Fox River Waterway Management Agency;
6 (11) Forest preserve district commissioners elected
7 under Section 3.5 of the Downstate Forest Preserve
8 District Act;
9 (12) Elected members of school boards, school
10 trustees, directors of boards of school directors,
11 trustees of county boards of school trustees (except in
12 counties or educational service regions having a
13 population of 2,000,000 or more inhabitants) and members
14 of boards of school inspectors, except school boards in
15 school districts that adopt Article 33 of the School
16 Code;
17 (13) Members of Community College district boards;
18 (14) Trustees of Fire Protection Districts;
19 (15) Commissioners of the Springfield Metropolitan
20 Exposition and Auditorium Authority;
21 (16) Elected Trustees of Tuberculosis Sanitarium
22 Districts;
23 (16.5) Elected Trustees of River Conservancy
24 Districts;
25 (17) Elected Officers of special districts not
26 otherwise designated in this Section for which the law
27 governing those districts does not permit candidates of
28 political parties.
29 (d) At the consolidated primary election in each
30 odd-numbered year, candidates of political parties shall be
31 nominated for those offices to be filled at the consolidated
32 election in that year, except where pursuant to law
33 nomination of candidates of political parties is made by
34 caucus, and except those offices listed in paragraphs (12)
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1 through (17) of subsection (c).
2 At the consolidated primary election in the appropriate
3 odd-numbered years, the mayor, clerk, treasurer, and aldermen
4 shall be elected in municipalities in which candidates for
5 mayor, clerk, treasurer, or alderman are not permitted by law
6 to be candidates of political parties, subject to runoff
7 elections to be held at the consolidated election as may be
8 required by law, and municipal officers shall be nominated in
9 a nonpartisan election in municipalities in which pursuant to
10 law candidates for such office are not permitted to be
11 candidates of political parties.
12 At the consolidated primary election in the appropriate
13 odd-numbered years, municipal officers shall be nominated or
14 elected, or elected subject to a runoff, as may be provided
15 by an ordinance providing a form of government of the
16 municipality pursuant to Section 7 of Article VII of the
17 Constitution.
18 (e) (Blank).
19 (f) At any election established in Section 2A-1.1,
20 public questions may be submitted to voters pursuant to this
21 Code and any special election otherwise required or
22 authorized by law or by court order may be conducted pursuant
23 to this Code.
24 Notwithstanding the regular dates for election of
25 officers established in this Article, whenever a referendum
26 is held for the establishment of a political subdivision
27 whose officers are to be elected, the initial officers shall
28 be elected at the election at which such referendum is held
29 if otherwise so provided by law. In such cases, the election
30 of the initial officers shall be subject to the referendum.
31 Notwithstanding the regular dates for election of
32 officials established in this Article, any community college
33 district which becomes effective by operation of law pursuant
34 to Section 6-6.1 of the Public Community College Act, as now
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1 or hereafter amended, shall elect the initial district board
2 members at the next regularly scheduled election following
3 the effective date of the new district.
4 (g) At any election established in Section 2A-1.1, if in
5 any precinct there are no offices or public questions
6 required to be on the ballot under this Code then no election
7 shall be held in the precinct on that date.
8 (h) There may be conducted a referendum in accordance
9 with the provisions of Division 6-4 of the Counties Code.
10 (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
11 eff. 8-9-96; 90-358, eff. 1-1-98.)
12 (10 ILCS 5/2A-35.5 new)
13 Sec. 2A-35.5. River Conservancy District; Trustees; Time
14 of Election. Trustees of a river conservancy district that
15 elects its trustees shall be elected at the consolidated
16 election in 2001 and at each consolidated election
17 thereafter.
18 Section 10. The River Conservancy Districts Act is
19 amended by changing Sections 4a, 4b, and 5 as follows:
20 (70 ILCS 2105/4a) (from Ch. 42, par. 386a)
21 Sec. 4a. Every conservancy district so established
22 shall be governed by a board of trustees. In the statement
23 finding the results of the election to be favorable to the
24 establishment of the district, the circuit court shall
25 determine and name each municipality within the district
26 having 5,000 or more population according to the last
27 preceding federal census.
28 (1) If in any district, on or after the effective date
29 of this amendatory Act of the 91st General Assembly, there is
30 wholly contained within it 2 counties, in which district
31 there are at least 3 municipalities each having a population
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1 of 5,000 or more within the district, the board shall consist
2 of trustees elected from the district as follows:
3 (a) The number of trustees elected in any district
4 described in subsection (1) shall be 8. Of the trustees
5 elected in any district described in subsection (1), 4
6 trustees shall be residents of and elected by the voters
7 of one county within which the district is located and 4
8 trustees shall be residents of and elected by the voters
9 of the other county within which the district is located.
10 (b) Should any trustee become a resident of any
11 county other than the county in which he or she was
12 elected, then the office of that trustee shall be deemed
13 vacated and shall be filled by appointment for the
14 remainder of the term as provided in this Act.
15 (c) Candidates for trustee in any district
16 described in subsection (1) shall be nominated in the
17 same manner and form as prescribed by the general
18 election law, except that (i) no party name or
19 affiliation may appear on any nominating petition, (ii)
20 each nominating petition shall contain the candidate's
21 residence address which must include the candidate's
22 county of residence, and (iii) nomination of candidates
23 for the election of trustees in any district described in
24 subsection (1) shall be made by petition signed for each
25 candidate by not less than 100 qualified voters who shall
26 reside within the county in which the candidate seeks
27 election. Candidates for election as trustees shall,
28 unless otherwise provided in this amendatory Act of the
29 91st General Assembly, file nomination petitions in the
30 manner and at the time prescribed by the general election
31 law.
32 At all elections for trustee or trustees held under
33 this Section the ballot shall disclose the number of
34 candidates to be elected. The candidates names shall
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1 appear on the ballot in the order in which the nomination
2 petitions are filed beginning with the first petition to
3 be filed. The candidates receiving the highest and
4 second highest number of votes within each county at each
5 election shall be declared elected, except that the
6 candidates receiving the 4 highest numbers of votes
7 within each county at the initial election after this
8 amendatory Act of the 91st General Assembly shall be
9 declared elected.
10 (d) Trustees from any district described in
11 subsection (1) shall be elected initially on the date of
12 the consolidated election in 2001, and the trustees
13 initially elected from any such district shall meet
14 within 21 days after the election and determine by lot
15 the terms for which they each shall serve. Of the
16 trustees initially elected in any such district, 2 from
17 each county shall each serve for 4 years and 2 from each
18 county shall each serve for 2 years. At each election
19 thereafter each trustee elected to succeed a trustee
20 whose term expires shall hold office for a term of 4
21 years. The term of office of each trustee elected under
22 this Section shall commence on the 1st Monday of the
23 month following the month of that trustee's election, and
24 each trustee shall serve until her or his successor is
25 elected and has qualified.
26 Appointed trustees incumbent in any district
27 described in subsection (1) on the effective date of this
28 amendatory Act of the 91st General Assembly shall
29 continue to constitute the board of trustees in that
30 district until the 1st Monday in May following the
31 initial election of trustees in that district, at which
32 time the terms of all those appointed trustees shall
33 terminate; provided that if the term of any appointed
34 incumbent trustee expires, or if a vacancy in the office
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1 of any appointed trustee occurs after the effective date
2 of this amendatory Act of the 91st General Assembly but
3 before the date of the initial election of trustees in
4 that district, the authority which originally appointed
5 that trustee under any succeeding subsection of this
6 Section shall appoint a successor trustee to serve until
7 the 1st Monday in May following the initial election of
8 trustees in that district, at which time the term of that
9 appointed successor trustee shall terminate.
10 (e) Except as provided in paragraph (d) of
11 subsection (1) of this Section relative to filling a
12 vacancy in the office of an appointed trustee if the
13 vacancy occurs before the date of the initial election of
14 trustees in the district, whenever a vacancy in the board
15 of trustees in any district occurs, either by death,
16 resignation, failure to qualify, change of residence as
17 provided in paragraph (b) of subsection (1) of this
18 Section or for any other reason, a majority of the
19 remaining members of the board shall fill the vacancy by
20 appointment. The person so appointed shall qualify for
21 office in the manner provided in this Section and shall
22 thereupon assume the duties of the office for the
23 unexpired term to which the person was appointed.
24 (2) Except in those river conservancy districts in which
25 trustees are required to be elected as provided in subsection
26 (1) of this Section, if (1) In case there is one or more
27 municipalities having a population of 5,000 or more within a
28 river conservancy the district, the trustees shall be
29 appointed as follows:
30 (a) In districts organized prior to July 1, 1961,
31 where there is only one such municipality, 3 trustees
32 shall be appointed from such municipality, and one
33 trustee shall be appointed from the area within the
34 district outside of such municipality, and one trustee
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1 shall be appointed at large. In districts organized on
2 and after July 1, 1961, where there is only one such
3 municipality one trustee shall be appointed from such
4 municipality, and one trustee shall be appointed from
5 each county in the district, except that where the
6 district is wholly contained within a single county, one
7 trustee shall be appointed from that county and one
8 additional trustee shall be appointed from the
9 municipality, and, in any case, 2 trustees shall be
10 appointed at large. A trustee appointed from a county in
11 the district shall be appointed from the area outside any
12 such municipality. If the district is located wholly
13 within the corporate limits of such municipality, 3 of
14 the trustees of the district shall be appointed from such
15 municipality, and 2 trustees shall be appointed at large.
16 In a district wholly contained within a single county of
17 between 60,500 and 70,000 population and having no more
18 than one municipality of 5,000 or more population,
19 regardless of the date of organization, 3 trustees shall
20 be appointed from that municipality, 2 trustees shall be
21 appointed from the district outside that municipality,
22 and 2 trustees shall be appointed at large. No more than
23 2 appointments by each appointing authority may be from
24 the same political party.
25 (b) Where there are 2 or more such municipalities,
26 one trustee shall be appointed from each such
27 municipality, one trustee shall be appointed from each
28 county in the district for each 50,000 population or part
29 thereof within the district in such county according to
30 the last preceding federal census, and 2 trustees shall
31 be appointed at large. A trustee appointed from a county
32 in the district shall be appointed from the area outside
33 any such municipality. If the district is located wholly
34 within the corporate limits of such municipalities, 2
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1 trustees shall be appointed from the one of such
2 municipalities having the largest population, and one
3 trustee shall be appointed from each of the other such
4 municipalities, and 2 trustees shall be appointed at
5 large.
6 (c) Trustees representing the area within the
7 district located outside of any municipality having 5,000
8 or more population and trustees appointed at large when
9 the district is wholly contained within a single county
10 shall be appointed by the presiding officer of the county
11 board with the advice and consent of the county board and
12 any trustee representing the area within any such
13 municipality shall be appointed by its presiding officer.
14 If however the district is located in more than one
15 county, any trustee representing the area within a
16 district located outside of any municipality having 5,000
17 or more population and any trustee at large shall be
18 appointed by a majority vote of the presiding officers of
19 the county boards of the counties which encompass any
20 part of the district, except that no such appointment
21 shall affect the term of any trustee in office on the
22 effective date of this amendatory Act of 1977. Any
23 trustee representing the area within any such
24 municipality shall be appointed by its presiding officer.
25 (d) A trustee representing the area within any such
26 municipality shall reside within its corporate limits. A
27 trustee representing the area within the district and
28 located outside of any such municipality shall reside
29 within such area. A trustee appointed at large may
30 reside either within or without any such municipality but
31 must reside within the territory of the district. Should
32 any trustee cease to reside within that part of the
33 territory he represents, then his office shall be deemed
34 vacated, and shall be filled by appointment for the
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1 remainder of the term as hereinafter provided.
2 (3) Except in those river conservancy districts in which
3 trustees are required to be elected as provided in subsection
4 (1) of this Section, if (2) In case there are no
5 municipalities having a population of 5,000 or more within a
6 river conservancy such district located wholly within a
7 single county, the statement required by Section 1 shall
8 include such finding, and in such case the Board shall
9 consist of 5 trustees who shall be appointed at large by the
10 presiding officer of the county board with the advice and
11 consent of the county board. If however the district is
12 located in more than one county, the trustees at large shall
13 be appointed by a majority vote of the presiding officers of
14 the county boards of the counties which encompass any portion
15 of the district, but any trustee in office on the effective
16 date of this amendatory Act of 1977 shall be permitted to
17 serve out the remainder of his term. Each such trustee shall
18 reside within the district and shall continue to reside
19 therein.
20 (4) Except in those river conservancy districts in which
21 trustees are required to be elected as provided in subsection
22 (1) of this Section, (3) All initial appointments of
23 trustees shall be made within 60 days after the determination
24 of the result of the organizational election. Each
25 appointment shall be in writing and shall be filed and made a
26 matter of record in the office of the county clerk wherein
27 the organization proceedings were filed. A trustee shall
28 qualify within 10 days after appointment by acceptance and
29 the taking of the constitutional oath of office, both to be
30 in writing and similarly filed for record in the office of
31 such county clerk. Members initially appointed to the board
32 of trustees of such district shall serve from date of
33 appointment for 1, 2, 3, 4 and 5 years and shall draw lots to
34 determine the periods for which they each shall serve. In
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1 case there are more than 5 trustees, lots shall be drawn so
2 that 5 trustees shall serve initial terms of 1, 2, 3, 4 and 5
3 years and the other trustees shall serve terms of 1, 2, 3, 4
4 or 5 years as the number of trustees shall require and the
5 drawing of lots shall determine. The successors of all such
6 initial members of the board of trustees of a river
7 conservancy district shall serve for terms of 5 years, all
8 such appointments and appointments to fill vacancies shall be
9 made in like manner as in the case of the initial trustees.
10 A trustee having been duly appointed shall continue to serve
11 after the expiration of his term until his successor has been
12 appointed. Each trustee initially appointed in accordance
13 with this amendatory Act of 1995 shall serve a term of 3 or 5
14 years as determined by lot.
15 (5) Except in those river conservancy districts in which
16 trustees are required to be elected as provided in subsection
17 (1) of this Section, (4) should a municipality which is
18 wholly within a district attain, or should such a
19 municipality be established, having a population of 5,000 or
20 more after the entry of the statement by the circuit court,
21 the presiding officer of such municipality may petition the
22 circuit court of the county in which such municipality lies
23 for an order finding and determining the population of such
24 municipality and, if it is found and determined upon the
25 hearing of such petition that the population of such
26 municipality is 5,000 or more, the board of trustees of such
27 district as previously established shall be increased by one
28 trustee who shall reside within the corporate limits of such
29 municipality and shall be appointed by its presiding officer.
30 The initial trustee so appointed shall serve for a term of 1,
31 2, 3, 4 or 5 years, as may be determined by lot, and his
32 successors shall be similarly appointed and shall serve for
33 terms of 5 years. All provisions of this Section applicable
34 to trustees representing municipal areas shall apply to any
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1 such trustee, including paragraph (6) 5.
2 (6) Except in those river conservancy districts in which
3 trustees are required to be elected as provided in subsection
4 (1) of this Section, (5) should the foregoing provisions
5 respecting the appointment of trustees representing the area
6 within any municipality of 5,000 or more population be
7 invalid when applied to any situation, then as to such
8 situation any such provision shall be deemed to be excised
9 from this Act, and the trustee whose appointment is thus
10 affected shall be appointed at large by the presiding officer
11 of the county board with the advice and consent of the county
12 board except if the district embraces more than one county in
13 which case the trustees shall be appointed at large by a
14 majority vote of the presiding officers of the county boards
15 of the counties which encompass any portion of the district.
16 (Source: P.A. 89-148, eff. 1-1-96.)
17 (70 ILCS 2105/4b) (from Ch. 42, par. 386b)
18 Sec. 4b. Each trustee of the river conservancy district
19 required to be elected as provided in subsection (1) of
20 Section 4a of this Act shall enter into bond to be approved
21 by the resident circuit judge of the county that contains all
22 or the largest portion in area of the district, in the sum as
23 the circuit judge may determine. Each of the trustees of a
24 river conservancy district which has an appointed board of
25 trustees shall enter into bond with security to be approved
26 by the appointing authority in such sum as the appointing
27 authority may determine. The bond shall be held in a bank or
28 trust company, qualified to do business in the State of
29 Illinois, located in the district.
30 A majority of the board of trustees shall constitute a
31 quorum, but a smaller number may adjourn from day to day. No
32 trustee or employee of such district shall be directly or
33 indirectly interested financially in any contract work or
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1 business or the sale of any article, the expense, price or
2 consideration of which is paid by said district; nor in the
3 purchase of any real estate or other property belonging to
4 the district, or which shall be sold for taxes or assessments
5 or by virtue of legal process at the suit of said district:
6 Provided that nothing herein shall be construed as
7 prohibiting the appointment or selection of any person as
8 trustee or employee whose only interest in said district is
9 as an owner of real estate in said conservancy district or of
10 contributing to the payment of taxes levied by said district.
11 (Source: P.A. 77-681.)
12 (70 ILCS 2105/5) (from Ch. 42, par. 387)
13 Sec. 5. Except as otherwise provided in paragraphs (d)
14 and (f) of subsection (1) of Section 4a of this Act, whenever
15 a vacancy in said board of trustees occurs, either by death,
16 resignation, refusal to qualify or for any other reason, the
17 appropriate appointing authority may fill such vacancy by
18 appointment; and such person, so appointed shall qualify for
19 office in the manner hereinbefore stated and shall thereupon
20 assume the duties of the office for the unexpired term to
21 which such person was appointed.
22 (Source: P.A. 77-681.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.