Bill Text: IL SB3109 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Drainage Code. Provides that certain provisions concerning elections of commissioners only apply before the effective date of the amendatory Act and repeals the provisions after 5 years. Provides that on and after the effective date of the amendatory Act, commissioners for all districts which are operating under the Act shall be nominated and elected for terms of 4 years at the next consolidated election as Elected Officers of special districts under the Election Code by the voters of the district unless the electors have elected to change from the election to the appointment of commissioners. Requires that commissioners elected under the provisions shall, within 20 days after their election, qualify by subscribing to an oath of office and giving bond. Provides that commissioners elected prior to the effective date of the amendatory Act shall serve the remainder of their terms and that districts may have up to 6 commissioners serve until the terms of the commissioners elected prior to the effective date of the amendatory Act expire. Provides that previously elected commissioners may resign their current position, effective after the next consolidated election, and choose to be nominated and elected under the provisions of the Election Code. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-27 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB3109 Detail]

Download: Illinois-2015-SB3109-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB3109 Introduced 2/19/2016, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
70 ILCS 605/3-9 from Ch. 42, par. 3-9
70 ILCS 605/4-5 from Ch. 42, par. 4-5
70 ILCS 605/4-5.5 new
70 ILCS 605/4-6 from Ch. 42, par. 4-6
70 ILCS 605/4-7 from Ch. 42, par. 4-7
70 ILCS 605/4-8 from Ch. 42, par. 4-8
Amends the Illinois Drainage Code. Provides that certain provisions concerning elections of commissioners only apply before the effective date of the amendatory Act and repeals the provisions after 5 years. Provides that on and after the effective date of the amendatory Act, commissioners for all districts which are operating under the Act shall be nominated and elected for terms of 4 years at the next consolidated election as Elected Officers of special districts under the Election Code by the voters of the district unless the electors have elected to change from the election to the appointment of commissioners. Requires that commissioners elected under the provisions shall, within 20 days after their election, qualify by subscribing to an oath of office and giving bond. Provides that commissioners elected prior to the effective date of the amendatory Act shall serve the remainder of their terms and that districts may have up to 6 commissioners serve until the terms of the commissioners elected prior to the effective date of the amendatory Act expire. Provides that previously elected commissioners may resign their current position, effective after the next consolidated election, and choose to be nominated and elected under the provisions of the Election Code. Makes conforming changes. Effective immediately.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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 Illinois Drainage Code is amended by
changing Sections 3-9, 4-5, 4-6, 4-7, and 4-8 and adding
Section 4-5.5 as follows:
(70 ILCS 605/3-9) (from Ch. 42, par. 3-9)
Sec. 3-9. Appointment of temporary commissioners -
Continuance. If the Court finds for the petitioners, it shall
notify the appropriate appointing authority which shall be the
county board or in home rule counties as defined by Article
VII, Section 6 of the Constitution of 1970 the county chief
executive officer of the county in which the petition is filed
to appoint by majority vote as temporary commissioners 3
competent residents of Illinois own land in the proposed
district, provided, however, that for good cause shown the
appropriate appointing authority may waive the requirement
that the temporary commissioners own land in the proposed
district. When the proposed district is situated in 2 or more
counties, no more than 2 such commissioners shall be residents
of any one county, provided however, that for good cause shown
the appropriate appointing authority may waive this residence
requirement. In home rule counties appointments made by the

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chief executive officer shall be subject to the advice and
consent of the county board. A commissioner thus appointed
shall hold office until his duties are fulfilled or his
successor is appointed and has qualified. Upon the appointment
of temporary commissioners, the cause shall be continued to a
day certain for the filing of their report.
(Source: P.A. 86-297.)
(70 ILCS 605/4-5) (from Ch. 42, par. 4-5)
Sec. 4-5. Election of Commissioners in Districts organized
under Farm Drainage Act and certain other Districts. Before the
effective date of this amendatory Act of the 99th General
Assembly, commissioners Commissioners for all districts which,
at the time this Act becomes effective, are operating and
existing under the provisions of the Farm Drainage Act, shall
be elected by the adult owners of land in the district in the
manner provided by this Section unless the landowners have
elected to change from the election to the appointment of
commissioners in the manner provided in Section 4-6.
An election shall be held in all combined, union, special,
user, mutual or other districts which were operating and
existing under the Farm Drainage Act at the time this Act
became effective and in districts which have changed from the
appointment to the election of commissioners as provided in
Section 4-8, on the first Tuesday in September 1956 and
annually thereafter for the purpose of electing a successor to

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the commissioner whose term will next expire. Commissioners so
elected shall serve for a term of 3 years from the date of
their election and until their successors have been elected and
have qualified.
In any case where the commissioners have failed to give
notice and to hold an election as provided in this Section, the
circuit court of the county in which the district is organized
may, on the petition of any owner of land in the district,
designate the time and place for a special election. Any
commissioner elected at such special election shall serve for
the remainder of the term expiring 3 years from the date on
which the election should have been held and until his
successor is elected and has qualified.
The commissioners in office shall designate the place
within the district at which the election will be held and they
shall file such designation in writing with the clerk of the
circuit court at least four weeks prior to the date of the
election. The clerk shall give at least two weeks notice of the
time and place of the election by publication for 2 successive
weeks in the manner provided by Section 4-22. Notice by mailing
shall not be required.
Voting shall be by secret ballot. The clerk shall cause the
ballots to be prepared. The ballots shall show on their face
the name of the district, the date of the election, the term
for which a commissioner is to be elected, the names of the
declared candidates and a blank line for write-in candidates. A

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square shall appear before each name and before the blank line.
The reverse side of the ballot shall show the official nature
of the ballot by the certificate of the clerk.
Every adult owner of land in the district shall be entitled
to vote. Any qualified person may declare his candidacy for the
office of commissioner and thereby become entitled to have his
name placed on the ballot by filing a statement of his
candidacy in writing with the clerk at least 3 weeks prior to
the date of the election.
The commissioners in office at the time of the election
shall be the judges of the election. In the event that one or
more of the commissioners is absent or refuses to serve as
judge then the electors present at the opening of the polls may
choose a person or persons to fill the vacancy or vacancies.
The polls shall open at 2:00 P.M. and close at 4:00 P.M. unless
the judges of election shall determine to hold the polls open a
longer period to accommodate the voters. In no event shall the
polls remain open later than 6:00 P.M.
Upon the closing of the polls the judges of election shall
promptly canvass the ballots and the ballots together with the
poll books, tally lists and the results shall be returned to
the clerk within 48 hours after the election. The candidate
receiving the largest number of votes shall be declared
elected. In case of a tie the judges shall determine by lot who
is elected. The expense of the election shall be borne by the
district.

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In the event that a vacancy occurs in the office of
commissioner whether by death, ineligibility, removal from
office or failure to qualify the commissioners in office shall
fill the vacancy by appointment. The commissioner so appointed
shall serve until the next annual election. If the unexpired
term caused by such vacancy be for more than one year then, at
the next annual election, the adult landowners shall elect a
commissioner to complete the then unexpired portion of the term
in addition to electing a commissioner for a regular term.
Commissioners elected under this Section shall, within 20
days after their election, qualify by subscribing to an oath of
office and giving bond, in the manner provided in Section 4-4.
This Section is repealed 5 years after the effective date
of this amendatory Act.
(Source: P.A. 86-297.)
(70 ILCS 605/4-5.5 new)
Sec. 4-5.5. Election of Commissioners in Districts
organized under the Act and certain other Districts. On and
after the effective date of this amendatory Act of the 99th
General Assembly, commissioners for all districts which, on the
date of this amendatory Act of the 99th General Assembly, are
operating and existing under this Act shall be nominated and
elected for terms of 4 years at the next consolidated election
as Elected Officers of special districts under paragraph (17)
of subsection (c) of Section 2A-1.2 of the Election Code by the

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voters of the district unless the electors have elected to
change from the election to the appointment of commissioners in
the manner provided in Section 4-6 of this Code.
Commissioners elected under this Section shall, within 20
days after their election, qualify by subscribing to an oath of
office and giving bond, in the manner provided in Section 4-4
of this Code.
Commissioners elected under Section 4-5 of this Code shall
serve the remainder of their terms. Notwithstanding any other
provisions of law to the contrary, after the first consolidated
election after the effective date of this amendatory Act of the
99th General Assembly districts may have up to 6 commissioners
until the terms of the commissioners elected prior to the
effective date of this amendatory Act of the 99th General
Assembly expire. Commissioners elected before the effective
date of this amendatory Act of the 99th General Assembly may
resign their current position, effective after the next
consolidated election, and choose to be nominated and elected
under the provisions of this Section.
(70 ILCS 605/4-6) (from Ch. 42, par. 4-6)
Sec. 4-6. Change from election to appointment of
Commissioners in certain districts.
In all districts which were operating and existing under
the provisions of the Farm Drainage Act at the time this Act
became effective and in districts which have changed from the

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appointment to the election of commissioners as provided in
Section 4-8, 10 per cent or more of the electors in the
district adult landowners may petition the court to dispense
with the annual election of commissioners and to appoint
commissioners in the same manner as though the district had
been originally organized under this Act. Upon the filing of
any such petition the same shall be presented to the court
which shall fix the date and hour for hearing and direct the
time and manner of giving notice. Upon such hearing the court
shall determine whether the petition is signed by at least 10
per cent of the electors adult owners of land in the district.
The affidavit of one or more credible persons may be taken as
prima facie evidence as to the proportion of the owners signing
the petition. If the petition is not so signed the petition
shall be dismissed at the petitioners' cost.
If at such hearing, the court determines that the petition
is signed by at least 10 per cent of such electors owners but
is not signed by a majority of such electors owners then the
court shall order the question of whether the commissioners of
the district shall be appointed in the manner provided or
elected by the electors adult landowners of the district
submitted to the electors adult landowners at the next annual
election in the district and shall direct the clerk of the
district to prepare separate ballots on that question for use
in that election. The ballots shall be canvassed by the judges
of the election and the ballots and the results of the election

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returned to the clerk at the same time and in the same manner
as is provided in Section 4-5 with reference to the election of
commissioners.
Within five days after the results of the election are
returned to the clerk he shall report the results to the court.
If a majority of the electors owners voting on the question do
not favor the appointment of commissioners the petition shall
be dismissed and the question may not again be put to the
electors landowners until the second succeeding annual
election. If a majority of the electors owners voting on the
question favor the appointment of commissioners in the manner
provided and the dispensing with the annual election of
commissioners the court shall order that thenceforth the annual
elections of the district shall be dispensed with and
thereafter the commissioners shall be appointed in the manner
provided in this Act.
If at the hearing on the petition the court determines that
the petition is signed by a majority of the electors adult
owners of land in the district then no referendum on the
question shall be necessary and the court shall thereupon order
that thenceforth the annual elections of the district shall be
dispensed with and thereafter the commissioners shall be
appointed in the manner provided by this Act.
The commissioners in office at the time an order dispensing
with further elections is given or made shall continue in
office until the time that their successors would have been

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elected under the provisions of Section 4-5 and until their
successors have been appointed and shall have qualified.
(Source: P.A. 77-701.)
(70 ILCS 605/4-7) (from Ch. 42, par. 4-7)
Sec. 4-7. Appointment of commissioners in districts
organized under Levee Act and certain other districts. In all
districts which, at the time this Act goes into effect, were
operating and existing under the provisions of the Levee Act,
or under the provisions of any other act repealed by this Act
except the Farm Drainage Act, the commissioners thereof shall
hereafter be appointed in the same manner and with like
qualifications as though the districts had been originally
organized under this Act unless the electors landowners have
elected to change from the appointment to the election of
commissioners in the manner provided in Section 4-8. The
commissioners in office at the time this Act goes into effect
shall continue as commissioners of the district under this Act
until the expiration of their terms of office and until their
successors are selected and shall have qualified as provided in
this Act. Commissioners appointed under this section shall,
within 20 days after their appointment, qualify by subscribing
to an oath of office and giving bond, in the manner provided in
Section 4-4.
(Source: P.A. 86-297.)

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(70 ILCS 605/4-8) (from Ch. 42, par. 4-8)
Sec. 4-8. Change from appointment to election of
commissioners in certain districts. In any district, whether
heretofore or hereafter organized, 10 per cent or more of the
electors adult landowners may petition the court to change the
method of selecting commissioners from appointment to
election. The practice and procedure on a petition to change
from the appointment to the election of commissioners shall
follow, as nearly as the facts will permit, the practice and
procedure set forth in Sections 4-5.5 or Section 4-6 of this
Code, as applicable, for the change from elective to appointive
commissioners. The commissioners in office at the time an order
is given or made directing that thereafter the commissioners
shall be elected in the manner provided by this Act shall
continue in office until the time that their successors would
have been appointed under Section 4-1 and until their
successors have been elected and shall have qualified.
(Source: Laws 1955, p. 512.)
Section 99. Effective date. This Act takes effect upon
becoming law.