Bill Text: IL SB2186 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the River Conservancy Districts Act. Provides that a trustee on a board representing a river conservancy district that embraces Jackson County 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2186 Detail]

Download: Illinois-2023-SB2186-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2186

Introduced 2/10/2023, by Sen. Terri Bryant

SYNOPSIS AS INTRODUCED:
70 ILCS 2105/4a from Ch. 42, par. 386a

Amends the River Conservancy Districts Act. Provides that a trustee on a board representing a river conservancy district that embraces Jackson County 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.
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A BILL FOR

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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The River Conservancy Districts Act is amended
5by changing Section 4a as follows:
6 (70 ILCS 2105/4a) (from Ch. 42, par. 386a)
7 Sec. 4a. Every conservancy district so established shall
8be governed by a board of trustees. In the statement finding
9the results of the election to be favorable to the
10establishment of the district, the circuit court shall
11determine and name each municipality within the district
12having 5,000 or more population according to the last
13preceding federal census.
14 (1) In case there is one or more municipalities having a
15population of 5,000 or more within the district, the trustees
16shall be appointed as follows:
17 (a) In districts organized prior to July 1, 1961,
18 where there is only one such municipality, 3 trustees
19 shall be appointed from such municipality, and one trustee
20 shall be appointed from the area within the district
21 outside of such municipality, and one trustee shall be
22 appointed at large. In districts organized on and after
23 July 1, 1961, where there is only one such municipality

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1 one trustee shall be appointed from such municipality, and
2 one trustee shall be appointed from each county in the
3 district, except that where the district is wholly
4 contained within a single county, one trustee shall be
5 appointed from that county and one additional trustee
6 shall be appointed from the municipality, and, in any
7 case, 2 trustees shall be appointed at large. A trustee
8 appointed from a county in the district shall be appointed
9 from the area outside any such municipality. If the
10 district is located wholly within the corporate limits of
11 such municipality, 3 of the trustees of the district shall
12 be appointed from such municipality, and 2 trustees shall
13 be appointed at large. In a district wholly contained
14 within a single county of between 60,500 and 70,000
15 population and having no more than one municipality of
16 5,000 or more population, regardless of the date of
17 organization, 3 trustees shall be appointed from that
18 municipality, 2 trustees shall be appointed from the
19 district outside that municipality, and 2 trustees shall
20 be appointed at large. No more than 2 appointments by each
21 appointing authority may be from the same political party.
22 (b) Where there are 2 or more such municipalities, one
23 trustee shall be appointed from each such municipality,
24 one trustee shall be appointed from each county in the
25 district for each 50,000 population or part thereof within
26 the district in such county according to the last

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1 preceding federal census, and 2 trustees shall be
2 appointed at large. A trustee appointed from a county in
3 the district shall be appointed from the area outside any
4 such municipality. If the district is located wholly
5 within the corporate limits of such municipalities, 2
6 trustees shall be appointed from the one of such
7 municipalities having the largest population, and one
8 trustee shall be appointed from each of the other such
9 municipalities, and 2 trustees shall be appointed at
10 large.
11 (c) Trustees representing the area within the district
12 located outside of any municipality having 5,000 or more
13 population and trustees appointed at large when the
14 district is wholly contained within a single county shall
15 be appointed by the presiding officer of the county board
16 with the advice and consent of the county board and any
17 trustee representing the area within any such municipality
18 shall be appointed by its presiding officer. If however
19 the district is located in more than one county, any
20 trustee representing the area within a district located
21 outside of any municipality having 5,000 or more
22 population and any trustee at large shall be appointed by
23 a majority vote of the presiding officers of the county
24 boards of the counties which encompass any part of the
25 district, except that no such appointment shall affect the
26 term of any trustee in office on the effective date of this

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1 amendatory Act of 1977. Any trustee representing the area
2 within any such municipality shall be appointed by its
3 presiding officer.
4 (d) A trustee representing the area within any such
5 municipality shall reside within its corporate limits. A
6 trustee representing the area within the district and
7 located outside of any such municipality shall reside
8 within such area. A trustee appointed at large may reside
9 either within or without any such municipality but must
10 reside within the territory of the district. Should any
11 trustee cease to reside within that part of the territory
12 he represents, then his office shall be deemed vacated,
13 and shall be filled by appointment for the remainder of
14 the term as hereinafter provided.
15 (2) In case there are no municipalities having a
16population of 5,000 or more within such district located
17wholly within a single county, the statement required by
18Section 1 shall include such finding, and in such case the
19Board shall consist of 5 trustees who shall be appointed at
20large by the presiding officer of the county board with the
21advice and consent of the county board. If however the
22district is located in more than one county, the trustees at
23large shall be appointed by a majority vote of the presiding
24officers of the county boards of the counties which encompass
25any portion of the district, but any trustee in office on the
26effective date of this amendatory Act of 1977 shall be

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1permitted to serve out the remainder of his term. Each such
2trustee shall reside within the district and shall continue to
3reside therein.
4 (3) All initial appointments of trustees shall be made
5within 60 days after the determination of the result of the
6election. Each appointment shall be in writing and shall be
7filed and made a matter of record in the office of the county
8clerk wherein the organization proceedings were filed. A
9trustee shall qualify within 10 days after appointment by
10acceptance and the taking of the constitutional oath of
11office, both to be in writing and similarly filed for record in
12the office of such county clerk. Members initially appointed
13to the board of trustees of such district shall serve from date
14of appointment for 1, 2, 3, 4 and 5 years and shall draw lots
15to determine the periods for which they each shall serve. In
16case there are more than 5 trustees, lots shall be drawn so
17that 5 trustees shall serve initial terms of 1, 2, 3, 4 and 5
18years and the other trustees shall serve terms of 1, 2, 3, 4 or
195 years as the number of trustees shall require and the drawing
20of lots shall determine. The successors of all such initial
21members of the board of trustees of a river conservancy
22district shall serve for terms of 5 years, all such
23appointments and appointments to fill vacancies shall be made
24in like manner as in the case of the initial trustees. A
25trustee having been duly appointed shall continue to serve
26after the expiration of his term until his successor has been

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1appointed. Each trustee initially appointed in accordance with
2this amendatory Act of 1995 shall serve a term of 3 or 5 years
3as determined by lot.
4 (4) Should a municipality which is wholly within a
5district attain, or should such a municipality be established,
6having a population of 5,000 or more after the entry of the
7statement by the circuit court, the presiding officer of such
8municipality may petition the circuit court of the county in
9which such municipality lies for an order finding and
10determining the population of such municipality and, if it is
11found and determined upon the hearing of such petition that
12the population of such municipality is 5,000 or more, the
13board of trustees of such district as previously established
14shall be increased by one trustee who shall reside within the
15corporate limits of such municipality and shall be appointed
16by its presiding officer. The initial trustee so appointed
17shall serve for a term of 1, 2, 3, 4 or 5 years, as may be
18determined by lot, and his successors shall be similarly
19appointed and shall serve for terms of 5 years. All provisions
20of this Section applicable to trustees representing municipal
21areas shall apply to any such trustee, including paragraph 5.
22 (5) Should the foregoing provisions respecting the
23appointment of trustees representing the area within any
24municipality of 5,000 or more population be invalid when
25applied to any situation, then as to such situation any such
26provision shall be deemed to be excised from this Act, and the

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1trustee whose appointment is thus affected shall be appointed
2at large by the presiding officer of the county board with the
3advice and consent of the county board except if the district
4embraces more than one county in which case the trustees shall
5be appointed at large by a majority vote of the presiding
6officers of the county boards of the counties which encompass
7any portion of the district.
8 (6) In the case of boards a board representing districts a
9district that embrace Jackson County or embraces Franklin and
10Jefferson counties, a trustee may be removed for incompetence,
11neglect of duty, or malfeasance in office by the appropriate
12appointing presiding officer or officers, without the advice
13and consent of the corporate authorities, by filing a written
14order of removal with the appropriate county or municipal
15clerk or clerks.
16 (7) Notwithstanding any other provision of law to the
17contrary, in the case of a board representing a district that
18embraces Franklin and Jefferson counties, the terms of all
19trustees shall end on the effective date of this amendatory
20Act of the 94th General Assembly. Beginning on that date, the
21board shall consist of 7 trustees. The 7 trustees initially
22appointed pursuant to this amendatory Act of the 94th General
23Assembly shall be appointed in the same manner as otherwise
24provided in this Section by the appropriate appointing
25authority and shall serve the following terms, as determined
26by lot: (i) 2 trustees shall serve until July 1, 2006; (ii) 2

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1trustees shall serve until July 1, 2007; (iii) one trustee
2shall serve until July 1, 2008; (iv) one trustee shall serve
3until July 1, 2009; and (v) one trustee shall serve until July
41, 2010. Upon expiration of the terms of the trustees
5initially appointed under this amendatory Act of the 94th
6General Assembly, their respective successors shall be
7appointed for terms of 5 years, beginning on July 1 of the year
8in which the previous term expires and until their respective
9successors are appointed and qualified. After the appointment
10of the trustees initially appointed pursuant to this
11amendatory Act of the 94th General Assembly, the number of
12trustees on the board may be increased in accordance with
13subsection (4).
14(Source: P.A. 94-64, eff. 6-21-05.)
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