Bill Text: IL SB3657 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Sanitary District Act of 1917. Provides that the board of trustees of the Northern Moraine Wastewater Reclamation District shall, on or before December 31, 2024, assign 2 trustee seats to each municipality that has 4,000 or more population equivalent serviced by the District and assign one trustee seat for each municipality that has 1,000 up to 3,999 population equivalent, and, thereafter, trustees shall be added or removed as municipal territory is added, modified, or removed from the District and a trustee or trustees shall be appointed for added municipal territory based upon the territory's population equivalent. Provides that, after assigning trustee seats, each board of trustees of a municipality with territory within the District that meets the population equivalent requirement shall appoint the trustee or trustees representing the municipality to the board of the District. Prohibits an employee of the District or a contractor working for the District from being appointed to the board. Provides that the terms of trustees serving on the effective date of the amendatory Act are terminated on May 5, 2025 and the initial trustees appointed under the provisions shall take office on May 5, 2025. Thereafter, provides that a trustee shall hold the trustee's office until the trustee resigns or is removed by the board of trustees of the appointing municipality. Allows for the appointment of a maximum of one at-large trustee by the board chairs of Lake County and McHenry County if territory is added resulting in an even number of total trustees, including vacant trustee offices, appointed by the municipalities to the board. Defines "population equivalent". Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-02-22 - Added as Chief Co-Sponsor Sen. Craig Wilcox [SB3657 Detail]

Download: Illinois-2023-SB3657-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3657 Introduced 2/9/2024, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED:
70 ILCS 2405/3 from Ch. 42, par. 301
Amends the Sanitary District Act of 1917. Provides that the board of trustees of the Northern Moraine Wastewater Reclamation District shall, on or before December 31, 2024, assign 2 trustee seats to each municipality that has 4,000 or more population equivalent serviced by the District and assign one trustee seat for each municipality that has 1,000 up to 3,999 population equivalent, and, thereafter, trustees shall be added or removed as municipal territory is added, modified, or removed from the District and a trustee or trustees shall be appointed for added municipal territory based upon the territory's population equivalent. Provides that, after assigning trustee seats, each board of trustees of a municipality with territory within the District that meets the population equivalent requirement shall appoint the trustee or trustees representing the municipality to the board of the District. Prohibits an employee of the District or a contractor working for the District from being appointed to the board. Provides that the terms of trustees serving on the effective date of the amendatory Act are terminated on May 5, 2025 and the initial trustees appointed under the provisions shall take office on May 5, 2025. Thereafter, provides that a trustee shall hold the trustee's office until the trustee resigns or is removed by the board of trustees of the appointing municipality. Allows for the appointment of a maximum of one at-large trustee by the board chairs of Lake County and McHenry County if territory is added resulting in an even number of total trustees, including vacant trustee offices, appointed by the municipalities to the board. Defines "population equivalent". Effective immediately.
LRB103 39422 AWJ 69605 b
A BILL FOR
SB3657 LRB103 39422 AWJ 69605 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sanitary District Act of 1917 is amended by
changing Section 3 as follows:
(70 ILCS 2405/3) (from Ch. 42, par. 301)
Sec. 3. Board of trustees; creation; term. A board of
trustees shall be created, consisting of 5 members in any
sanitary district which includes one or more municipalities
with a population of over 90,000 but less than 500,000
according to the most recent Federal census, and consisting of
3 members in any other district. However, the board of
trustees for the Fox River Water Reclamation District, the
Sanitary District of Decatur, and the Northern Moraine
Wastewater Reclamation District shall each consist of 5
members. Each board of trustees shall be created for the
government, control and management of the affairs and business
of each sanitary district organized under this Act shall be
created in the following manner:
(1) If the district's corporate boundaries are located
wholly within a single county, the presiding officer of
the county board, with the advice and consent of the
county board, shall appoint the trustees for the district;

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(2) If the district's corporate boundaries are located
in more than one county, the members of the General
Assembly whose legislative districts encompass any portion
of the district shall appoint the trustees for the
district.
In any sanitary district which shall have a 3 member board
of trustees, within 60 days after the adoption of such act, the
appropriate appointing authority shall appoint three trustees
not more than 2 of whom shall be from one incorporated city,
town or village in districts in which are included 2 or more
incorporated cities, towns or villages, or parts of 2 or more
incorporated cities, towns or villages, who shall hold their
office respectively for 1, 2 and 3 years, from the first Monday
of May next after their appointment and until their successors
are appointed and have qualified, and thereafter on or before
the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee whose term
shall be for 3 years commencing the first Monday in May of the
year in which he is appointed. The length of the term of the
first trustees shall be determined by lot at their first
meeting.
In the case of any sanitary district created after January
1, 1978 in which a 5 member board of trustees is required, the
appropriate appointing authority shall appoint 5 trustees, one
of whom shall hold office for one year, two of whom shall hold
office for 2 years, and 2 of whom shall hold office for 3 years

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from the first Monday of May next after their respective
appointments and until their successors are appointed and have
qualified. Thereafter, on or before the second Monday in April
of each year the appropriate appointing authority shall
appoint one trustee or 2 trustees, as shall be necessary to
maintain a 5 member board of trustees, whose terms shall be for
3 years commencing the first Monday in May of the year in which
they are respectively appointed. The length of the terms of
the first trustees shall be determined by lot at their first
meeting.
In any sanitary district created prior to January 1, 1978
in which a 5 member board of trustees is required as of January
1, 1978, the two trustees already serving terms which do not
expire on May 1, 1978 shall continue to hold office for the
remainders of their respective terms, and 3 trustees shall be
appointed by the appropriate appointing authority by April 10,
1978 and shall hold office for terms beginning May 1, 1978. Of
the three new trustees, one shall hold office for 2 years and 2
shall hold office for 3 years from May 1, 1978 and until their
successors are appointed and have qualified. Thereafter, on or
before the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee or 2 trustees,
as shall be necessary to maintain a 5 member board of trustees,
whose terms shall be for 3 years commencing the first Monday in
May of the year in which they are respectively appointed. The
lengths of the terms of the trustees who are to hold office

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beginning May 1, 1978 shall be determined by lot at their first
meeting after May 1, 1978.
No more than 3 members of a 5 member board of trustees may
be of the same political party; except that in any sanitary
district which otherwise meets the requirements of this
Section and which lies within 4 counties of the State of
Illinois or, prior to April 30, 2008, in the Fox River Water
Reclamation District; the appointments of the 5 members of the
board of trustees shall be made without regard to political
party. Beginning with the appointments made on April 30, 2008,
all appointments to the board of trustees of the Fox River
Water Reclamation District shall be made so that no more than 3
of the 5 members are from the same political party.
Beginning with the 2021 municipal election, the board of
trustees of the Fox Metro Water Reclamation District shall be
elected as provided in this paragraph. The election of
trustees shall be in accordance with Section 2A-1.1 of the
Election Code. Any board member serving on the effective date
of this amendatory Act of the 101st General Assembly whose
term does not expire in 2021 shall serve until his or her
successor is elected and qualified. The board of trustees of
the Fox Metro Water Reclamation District shall: on or before
January 1, 2020, divide the Fox Metro Water Reclamation
District into 5 trustee districts and assign the trustee
districts to reflect the results of the most recent federal
decennial census; and thereafter, in the year following each

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decennial census, redistrict the trustee districts to reflect
the results of the most recent census. The board of trustees
shall consist of 1 elected trustee in each trustee district. A
petition for nomination for election of a trustee of the Fox
Metro Water Reclamation District shall contain at least 100
signatures of registered voters residing within the Fox Metro
Water Reclamation District. The trustees shall be elected for
staggered terms at the election as provided by the Election
Code. Two trustees shall be elected at the 2021 election, and 3
trustees shall be elected at the following consolidated
election. Elected trustees shall take office on the first
Tuesday after the first Monday in the month following the
month of their election and shall hold their offices for 4
years and until their successors are elected and qualified. If
a vacancy occurs before the 2021 election on the board of
trustees of the Fox Metro Water Reclamation District: (i) the
District Manager shall, no later than 7 days from the date of
the vacancy, notify the State legislators representing any
portion of the District, publish notification of the vacancy
on the District's website, and send notification of the
vacancy to local newspapers, radio stations, and television
stations; (ii) each notification published or sent shall
contain instructions on how to apply to the District Manager
for the vacant trustee position; (iii) applications for the
vacancy shall be accepted for at least 30 days after the date
the notification of the vacancy was published and sent; (iv)

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applications for the vacancy shall include a letter of
interest and resume; (v) once the application period has
closed, the District Manager shall forward all applications
received to the State legislators notified of the vacancy in
item (i); (vi) the President of the board of trustees and the
District Manager shall hold a public meeting with the State
legislators notified of the vacancy to review all applications
and, by unanimous vote of all State legislators representing
any portion of the District, select a candidate to fill the
trustee vacancy; and (vii) the board of trustees shall appoint
the selected candidate at the next board of trustees meeting.
If a vacancy exists after the 2021 election on the board of
trustees of the Fox Metro Water Reclamation District, the
vacancy shall be filled by appointment by the president of the
board of trustees, with the advice and consent of the members
of the board of trustees, until the next regular election at
which trustees of the district are elected, and shall be made a
matter of record in the office of the county clerk in the
county where the district is located; for a vacancy filled by
appointment, the portion of the unexpired term remaining after
the next regular election at which trustees of the district
are elected shall be filled by election, as provided for in
this paragraph.
The board of trustees of the Northern Moraine Wastewater
Reclamation District shall, on or before December 31, 2024,
assign 2 trustee seats to each municipality that has 4,000 or

SB3657 - 7 - LRB103 39422 AWJ 69605 b
more population equivalent serviced by the District and assign
one trustee seat for each municipality that has 1,000 up to
3,999 population equivalent, and, thereafter, trustees shall
be added or removed as municipal territory is added, modified,
or removed from the District and a trustee or trustees shall be
appointed for added municipal territory based upon the
territory's population equivalent as provided in this
sentence. After assigning trustee seats under this paragraph,
each board of trustees of a municipality with territory within
the District that meets this paragraph's population equivalent
requirement shall appoint the trustee or trustees representing
the municipality to the board of the District. An employee of
the District or a contractor working for the District may not
be appointed to the board. The terms of trustees serving on the
effective date of this amendatory Act of the 103rd General
Assembly are terminated on May 5, 2025 and the initial
trustees appointed under this paragraph shall take office on
May 5, 2025. Thereafter, a trustee shall hold the trustee's
office until the trustee resigns or is removed by the board of
trustees of the appointing municipality. If a vacancy exists
after May 5, 2025 on the board of trustees of the District, the
vacancy shall be filled by appointment by the board of
trustees of the appointing municipality. If territory is added
resulting in an even number of total trustees, including
vacant trustee offices, appointed by the municipalities to the
board, then the board chairs of Lake County and McHenry County

SB3657 - 8 - LRB103 39422 AWJ 69605 b
shall jointly appoint a maximum of one at-large trustee who
shall serve until the trustee resigns or is removed, either by
the appointing authorities or by operation of law under this
paragraph. If the at-large trustee has been appointed and the
territory of the District is then reduced resulting in a loss
of one trustee on the board, then the at-large trustee is
removed by operation of law and may not be reappointed except
as otherwise allowed under this paragraph. As used in this
paragraph, "population equivalent" means that one population
equivalent is 100 gallons of sewage per day, containing 0.17
pounds of BOD5 (5 day biochemical oxygen demand) and 0.20
pounds of suspended solids, on the basis of the highest
individual value of the 3 parameters.
Within 60 days after the release of Federal census
statistics showing that a sanitary district having a 3 member
board of trustees contains one or more municipalities with a
population over 90,000 but less than 500,000, or, for the
Northern Moraine Wastewater Reclamation District, within 60
days after the effective date of this amendatory Act of the
95th General Assembly, the appropriate appointing authority
shall appoint 2 additional trustees to the board of trustees,
one to hold office for 2 years and one to hold office for 3
years from the first Monday of May next after their
appointment and until their successors are appointed and have
qualified. The lengths of the terms of these two additional
members shall be determined by lot at the first meeting of the

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board of trustees held after the additional members take
office. The three trustees already holding office in the
sanitary district shall continue to hold office for the
remainders of their respective terms. Thereafter, on or before
the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee or 2 trustees,
as shall be necessary to maintain a 5 member board of trustees,
whose terms shall be for 3 years commencing the first Monday in
May of the year in which they are respectively appointed.
If any sanitary district having a 5 member board of
trustees shall cease to contain one or more municipalities
with a population over 90,000 but less than 500,000 according
to the most recent Federal census, then, for so long as that
sanitary district does not contain one or more such
municipalities, on or before the second Monday in April of
each year the appropriate appointing authority shall appoint
one trustee whose term shall be for 3 years commencing the
first Monday in May of the year in which he is appointed. In
districts which include 2 or more incorporated cities, towns,
or villages, or parts of 2 or more incorporated cities, towns,
or villages, all of the trustees shall not be from one
incorporated city, town or village.
If a vacancy occurs on any board of trustees, the
appropriate appointing authority shall within 60 days appoint
a trustee who shall hold office for the remainder of the
vacated term.

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The appointing authority shall require each of the
trustees to enter into bond, with security to be approved by
the appointing authority, in such sum as the appointing
authority may determine.
A majority of the board of trustees shall constitute a
quorum but a smaller number may adjourn from day to day. No
trustee or employee of such district shall be directly or
indirectly interested in any contract, work or business of the
district, or the sale of any article, the expense, price or
consideration of which is paid by such district; nor in the
purchase of any real estate or property belonging to the
district, or which shall be sold for taxes or assessments, or
by virtue of legal process at the suit of the district.
Provided, that nothing herein shall be construed as
prohibiting the appointment or selection of any person as
trustee or employee whose only interest in the district is as
owner of real estate in the district or of contributing to the
payment of taxes levied by the district. The trustees shall
have the power to provide and adopt a corporate seal for the
district.
Notwithstanding any other provision in this Section, in
any sanitary district created prior to the effective date of
this amendatory Act of 1985, in which a 5 five member board of
trustees has been appointed and which currently includes one
or more municipalities with a population of over 90,000 but
less than 500,000, the board of trustees shall consist of 5

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five members.
Except as otherwise provided for vacancies, in the event
that the appropriate appointing authority fails to appoint a
trustee under this Section, the appropriate appointing
authority shall reconvene and appoint a successor on or before
July 1 of that year.
(Source: P.A. 101-523, eff. 8-23-19.)