Bill Text: IL SB0281 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the River Conservancy Districts Act. With respect to the board of a district embracing Franklin and Jefferson counties, ends the terms of all current trustees. Provides for appointment of new trustees by the presiding officers of the county boards and mayors or village presidents of municipalities, each with the advice and consent of the governing body. Limits the number of trustees per political party. Provides for the resident circuit judges to jointly appoint a trustee, and that trustee is the chairperson. Provides for the length of initial terms. Effective January 1, 2010.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 3-9(a) / Re-referred to Assignments [SB0281 Detail]

Download: Illinois-2009-SB0281-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB0281 Introduced 2/6/2009, by Sen. John O. Jones SYNOPSIS AS INTRODUCED:
70 ILCS 2105/4a from Ch. 42, par. 386a
Amends the River Conservancy Districts Act. With respect to the board of a district embracing Franklin and Jefferson counties, ends the terms of all current trustees. Provides for appointment of new trustees by the presiding officers of the county boards and mayors or village presidents of municipalities, each with the advice and consent of the governing body. Limits the number of trustees per political party. Provides for the resident circuit judges to jointly appoint a trustee, and that trustee is the chairperson. Provides for the length of initial terms. Effective January 1, 2010.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The River Conservancy Districts Act is amended
by changing Section 4a as follows:
(70 ILCS 2105/4a) (from Ch. 42, par. 386a)
Sec. 4a. Every conservancy district so established shall be
governed by a board of trustees. In the statement finding the
results of the election to be favorable to the establishment of
the district, the circuit court shall determine and name each
municipality within the district having 5,000 or more
population according to the last preceding federal census.
(1) In case there is one or more municipalities having a
population of 5,000 or more within the district, the trustees
shall be appointed as follows:
(a) In districts organized prior to July 1, 1961, where
there is only one such municipality, 3 trustees shall be
appointed from such municipality, and one trustee shall be
appointed from the area within the district outside of such
municipality, and one trustee shall be appointed at large.
In districts organized on and after July 1, 1961, where
there is only one such municipality one trustee shall be
appointed from such municipality, and one trustee shall be

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appointed from each county in the district, except that
where the district is wholly contained within a single
county, one trustee shall be appointed from that county and
one additional trustee shall be appointed from the
municipality, and, in any case, 2 trustees shall be
appointed at large. A trustee appointed from a county in
the district shall be appointed from the area outside any
such municipality. If the district is located wholly within
the corporate limits of such municipality, 3 of the
trustees of the district shall be appointed from such
municipality, and 2 trustees shall be appointed at large.
In a district wholly contained within a single county of
between 60,500 and 70,000 population and having no more
than one municipality of 5,000 or more population,
regardless of the date of organization, 3 trustees shall be
appointed from that municipality, 2 trustees shall be
appointed from the district outside that municipality, and
2 trustees shall be appointed at large. No more than 2
appointments by each appointing authority may be from the
same political party.
(b) Where there are 2 or more such municipalities, one
trustee shall be appointed from each such municipality, one
trustee shall be appointed from each county in the district
for each 50,000 population or part thereof within the
district in such county according to the last preceding
federal census, and 2 trustees shall be appointed at large.

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A trustee appointed from a county in the district shall be
appointed from the area outside any such municipality. If
the district is located wholly within the corporate limits
of such municipalities, 2 trustees shall be appointed from
the one of such municipalities having the largest
population, and one trustee shall be appointed from each of
the other such municipalities, and 2 trustees shall be
appointed at large.
(c) Trustees representing the area within the district
located outside of any municipality having 5,000 or more
population and trustees appointed at large when the
district is wholly contained within a single county shall
be appointed by the presiding officer of the county board
with the advice and consent of the county board and any
trustee representing the area within any such municipality
shall be appointed by its presiding officer. If however the
district is located in more than one county, any trustee
representing the area within a district located outside of
any municipality having 5,000 or more population and any
trustee at large shall be appointed by a majority vote of
the presiding officers of the county boards of the counties
which encompass any part of the district, except that no
such appointment shall affect the term of any trustee in
office on the effective date of this amendatory Act of
1977. Any trustee representing the area within any such
municipality shall be appointed by its presiding officer.

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(d) A trustee representing the area within any such
municipality shall reside within its corporate limits. A
trustee representing the area within the district and
located outside of any such municipality shall reside
within such area. A trustee appointed at large may reside
either within or without any such municipality but must
reside within the territory of the district. Should any
trustee cease to reside within that part of the territory
he represents, then his office shall be deemed vacated, and
shall be filled by appointment for the remainder of the
term as hereinafter provided.
(2) In case there are no municipalities having a population
of 5,000 or more within such district located wholly within a
single county, the statement required by Section 1 shall
include such finding, and in such case the Board shall consist
of 5 trustees who shall be appointed at large by the presiding
officer of the county board with the advice and consent of the
county board. If however the district is located in more than
one county, the trustees at large shall be appointed by a
majority vote of the presiding officers of the county boards of
the counties which encompass any portion of the district, but
any trustee in office on the effective date of this amendatory
Act of 1977 shall be permitted to serve out the remainder of
his term. Each such trustee shall reside within the district
and shall continue to reside therein.
(3) All initial appointments of trustees shall be made

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within 60 days after the determination of the result of the
election. Each appointment shall be in writing and shall be
filed and made a matter of record in the office of the county
clerk wherein the organization proceedings were filed. A
trustee shall qualify within 10 days after appointment by
acceptance and the taking of the constitutional oath of office,
both to be in writing and similarly filed for record in the
office of such county clerk. Members initially appointed to the
board of trustees of such district shall serve from date of
appointment for 1, 2, 3, 4 and 5 years and shall draw lots to
determine the periods for which they each shall serve. In case
there are more than 5 trustees, lots shall be drawn so that 5
trustees shall serve initial terms of 1, 2, 3, 4 and 5 years
and the other trustees shall serve terms of 1, 2, 3, 4 or 5
years as the number of trustees shall require and the drawing
of lots shall determine. The successors of all such initial
members of the board of trustees of a river conservancy
district shall serve for terms of 5 years, all such
appointments and appointments to fill vacancies shall be made
in like manner as in the case of the initial trustees. A
trustee having been duly appointed shall continue to serve
after the expiration of his term until his successor has been
appointed. Each trustee initially appointed in accordance with
this amendatory Act of 1995 shall serve a term of 3 or 5 years
as determined by lot.
(4) Should a municipality which is wholly within a district

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attain, or should such a municipality be established, having a
population of 5,000 or more after the entry of the statement by
the circuit court, the presiding officer of such municipality
may petition the circuit court of the county in which such
municipality lies for an order finding and determining the
population of such municipality and, if it is found and
determined upon the hearing of such petition that the
population of such municipality is 5,000 or more, the board of
trustees of such district as previously established shall be
increased by one trustee who shall reside within the corporate
limits of such municipality and shall be appointed by its
presiding officer. The initial trustee so appointed shall serve
for a term of 1, 2, 3, 4 or 5 years, as may be determined by
lot, and his successors shall be similarly appointed and shall
serve for terms of 5 years. All provisions of this Section
applicable to trustees representing municipal areas shall
apply to any such trustee, including paragraph 5.
(5) Should the foregoing provisions respecting the
appointment of trustees representing the area within any
municipality of 5,000 or more population be invalid when
applied to any situation, then as to such situation any such
provision shall be deemed to be excised from this Act, and the
trustee whose appointment is thus affected shall be appointed
at large by the presiding officer of the county board with the
advice and consent of the county board except if the district
embraces more than one county in which case the trustees shall

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be appointed at large by a majority vote of the presiding
officers of the county boards of the counties which encompass
any portion of the district.
(6) In the case of a board representing a district that
embraces Franklin and Jefferson counties, a trustee may be
removed for incompetence, neglect of duty, or malfeasance in
office by the appropriate appointing presiding officer or
officers, without the advice and consent of the corporate
authorities, by filing a written order of removal with the
appropriate county or municipal clerk or clerks.
(7) Notwithstanding any other provision of law to the
contrary, in the case of a board representing a district that
embraces Franklin and Jefferson counties, the terms of all
trustees shall end on the effective date of this amendatory Act
of the 96th General Assembly. Beginning on that date, the board
shall consist of trustees appointed in accordance with this
subsection (7). Two trustees shall be appointed by every
presiding officer of the county board with the advice and
consent of the county board from every county within the
district. No more than one of the appointments made by the
presiding officer of the county board with the advice and
consent of the county board may be from the same political
party. One trustee shall be appointed by the mayor or village
president with the advice and consent of the governing body of
the municipality from each municipality within the district
with a population of more than 5,000 and less than 15,000. If

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only 2 municipalities are located within the district with a
population of more than 5,000 and less than 15,000, the
appointees from the 2 municipalities may not be from the same
political party. Two trustees shall be appointed by the mayor
or village president with the advice and consent of the
governing body of the municipality from each municipality
within the district with a population of more than 15,000. No
more than one of the appointments made by the mayor or village
president with the advice and consent of the governing body of
the municipality in a municipality with a population of more
than 15,000 may be from the same political party. One trustee
shall be appointed jointly by the resident circuit judges of
the counties within the district. The trustee appointed jointly
by the resident circuit judges of the counties within the
district shall serve as chairperson of the board. The trustees,
other than the trustee appointed by the resident circuit
judges, shall serve the following initial terms, as determined
by lot: (i) 2 trustees shall serve until July 1, 2011; (ii) 2
trustees shall serve until July 1, 2012; (iii) 2 trustees shall
serve until July 1, 2013; and (iv) 2 trustees shall serve until
July 1, 2014. The one trustee appointed jointly by the resident
circuit judges of the counties within the district shall serve
an initial term until July 1, 2015. Upon expiration of the
terms of the trustees initially appointed under this amendatory
Act of the 96th General Assembly, their respective successors
shall be appointed for terms of 5 years, beginning on July 1 of

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the year in which the previous term expires and until their
respective successors are appointed and qualified.
Notwithstanding any other provision of law to the contrary, in
the case of a board representing a district that embraces
Franklin and Jefferson counties, the terms of all trustees
shall end on the effective date of this amendatory Act of the
94th General Assembly. Beginning on that date, the board shall
consist of 7 trustees. The 7 trustees initially appointed
pursuant to this amendatory Act of the 94th General Assembly
shall be appointed in the same manner as otherwise provided in
this Section by the appropriate appointing authority and shall
serve the following terms, as determined by lot: (i) 2 trustees
shall serve until July 1, 2006; (ii) 2 trustees shall serve
until July 1, 2007; (iii) one trustee shall serve until July 1,
2008; (iv) one trustee shall serve until July 1, 2009; and (v)
one trustee shall serve until July 1, 2010. Upon expiration of
the terms of the trustees initially appointed under this
amendatory Act of the 94th General Assembly, their respective
successors shall be appointed for terms of 5 years, beginning
on July 1 of the year in which the previous term expires and
until their respective successors are appointed and qualified.
After the appointment of the trustees initially appointed
pursuant to this amendatory Act of the 96th 94th General
Assembly, the number of trustees on the board may be increased
in accordance with subsection (4).
(Source: P.A. 94-64, eff. 6-21-05.)

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Section 99. Effective date. This Act takes effect January
1, 2010.