IL
Illinois House Bill HB1220

Illinois 2023-2024 Regular Session

Illinois House Bill HB1220 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1220 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 70 ILCS 2405/3 from Ch. 42, par. 301 Amends the Sanitary District Act of 1917. Provides that, on and after the effective date of the amendatory Act, recommendations of candidates for appointments to vacant trustee seats on the board of trustees of the Thorn Creek Basin Sanitary District may be made within 30 days after the vacancy is created by the mayor of each municipality located in whole or in part of the District, except, if the vacancy is existing on the effective date of the amendatory Act, any recommendations must be made within 30 days after the effective date of the amendatory Act. Provides that a majority of the mayors who may make a recommendation shall, at a time they designate, select a candidate to be appointed trustee from among those candidates recommended by the mayors. Provides that, in voting for a candidate, a mayor is entitled to one vote for every 5,000 residents, or fraction under 5,000 residents, of the mayor's municipality. Provides that the number of residents for each municipality shall be determined by the most recent federal decennial census. LRB103 04716 AWJ 49725 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1220 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 70 ILCS 2405/3 from Ch. 42, par. 301 70 ILCS 2405/3 from Ch. 42, par. 301 Amends the Sanitary District Act of 1917. Provides that, on and after the effective date of the amendatory Act, recommendations of candidates for appointments to vacant trustee seats on the board of trustees of the Thorn Creek Basin Sanitary District may be made within 30 days after the vacancy is created by the mayor of each municipality located in whole or in part of the District, except, if the vacancy is existing on the effective date of the amendatory Act, any recommendations must be made within 30 days after the effective date of the amendatory Act. Provides that a majority of the mayors who may make a recommendation shall, at a time they designate, select a candidate to be appointed trustee from among those candidates recommended by the mayors. Provides that, in voting for a candidate, a mayor is entitled to one vote for every 5,000 residents, or fraction under 5,000 residents, of the mayor's municipality. Provides that the number of residents for each municipality shall be determined by the most recent federal decennial census. LRB103 04716 AWJ 49725 b LRB103 04716 AWJ 49725 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1220 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
3+70 ILCS 2405/3 from Ch. 42, par. 301 70 ILCS 2405/3 from Ch. 42, par. 301
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5+Amends the Sanitary District Act of 1917. Provides that, on and after the effective date of the amendatory Act, recommendations of candidates for appointments to vacant trustee seats on the board of trustees of the Thorn Creek Basin Sanitary District may be made within 30 days after the vacancy is created by the mayor of each municipality located in whole or in part of the District, except, if the vacancy is existing on the effective date of the amendatory Act, any recommendations must be made within 30 days after the effective date of the amendatory Act. Provides that a majority of the mayors who may make a recommendation shall, at a time they designate, select a candidate to be appointed trustee from among those candidates recommended by the mayors. Provides that, in voting for a candidate, a mayor is entitled to one vote for every 5,000 residents, or fraction under 5,000 residents, of the mayor's municipality. Provides that the number of residents for each municipality shall be determined by the most recent federal decennial census.
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311 1 AN ACT concerning local government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Sanitary District Act of 1917 is amended by
715 5 changing Section 3 as follows:
816 6 (70 ILCS 2405/3) (from Ch. 42, par. 301)
917 7 Sec. 3. Board of trustees; creation; term. A board of
1018 8 trustees shall be created, consisting of 5 members in any
1119 9 sanitary district which includes one or more municipalities
1220 10 with a population of over 90,000 but less than 500,000
1321 11 according to the most recent Federal census, and consisting of
1422 12 3 members in any other district. However, the board of
1523 13 trustees for the Fox River Water Reclamation District, the
1624 14 Sanitary District of Decatur, and the Northern Moraine
1725 15 Wastewater Reclamation District shall each consist of 5
1826 16 members. Each board of trustees shall be created for the
1927 17 government, control and management of the affairs and business
2028 18 of each sanitary district organized under this Act shall be
2129 19 created in the following manner:
2230 20 (1) If the district's corporate boundaries are located
2331 21 wholly within a single county, the presiding officer of
2432 22 the county board, with the advice and consent of the
2533 23 county board, shall appoint the trustees for the district;
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38+70 ILCS 2405/3 from Ch. 42, par. 301 70 ILCS 2405/3 from Ch. 42, par. 301
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40+Amends the Sanitary District Act of 1917. Provides that, on and after the effective date of the amendatory Act, recommendations of candidates for appointments to vacant trustee seats on the board of trustees of the Thorn Creek Basin Sanitary District may be made within 30 days after the vacancy is created by the mayor of each municipality located in whole or in part of the District, except, if the vacancy is existing on the effective date of the amendatory Act, any recommendations must be made within 30 days after the effective date of the amendatory Act. Provides that a majority of the mayors who may make a recommendation shall, at a time they designate, select a candidate to be appointed trustee from among those candidates recommended by the mayors. Provides that, in voting for a candidate, a mayor is entitled to one vote for every 5,000 residents, or fraction under 5,000 residents, of the mayor's municipality. Provides that the number of residents for each municipality shall be determined by the most recent federal decennial census.
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3468 1 (2) If the district's corporate boundaries are located
3569 2 in more than one county, the members of the General
3670 3 Assembly whose legislative districts encompass any portion
3771 4 of the district shall appoint the trustees for the
3872 5 district.
3973 6 In any sanitary district which shall have a 3 member board
4074 7 of trustees, within 60 days after the adoption of such act, the
4175 8 appropriate appointing authority shall appoint three trustees
4276 9 not more than 2 of whom shall be from one incorporated city,
4377 10 town or village in districts in which are included 2 or more
4478 11 incorporated cities, towns or villages, or parts of 2 or more
4579 12 incorporated cities, towns or villages, who shall hold their
4680 13 office respectively for 1, 2 and 3 years, from the first Monday
4781 14 of May next after their appointment and until their successors
4882 15 are appointed and have qualified, and thereafter on or before
4983 16 the second Monday in April of each year the appropriate
5084 17 appointing authority shall appoint one trustee whose term
5185 18 shall be for 3 years commencing the first Monday in May of the
5286 19 year in which he is appointed. The length of the term of the
5387 20 first trustees shall be determined by lot at their first
5488 21 meeting.
5589 22 In the case of any sanitary district created after January
5690 23 1, 1978 in which a 5 member board of trustees is required, the
5791 24 appropriate appointing authority shall appoint 5 trustees, one
5892 25 of whom shall hold office for one year, two of whom shall hold
5993 26 office for 2 years, and 2 of whom shall hold office for 3 years
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70104 1 from the first Monday of May next after their respective
71105 2 appointments and until their successors are appointed and have
72106 3 qualified. Thereafter, on or before the second Monday in April
73107 4 of each year the appropriate appointing authority shall
74108 5 appoint one trustee or 2 trustees, as shall be necessary to
75109 6 maintain a 5 member board of trustees, whose terms shall be for
76110 7 3 years commencing the first Monday in May of the year in which
77111 8 they are respectively appointed. The length of the terms of
78112 9 the first trustees shall be determined by lot at their first
79113 10 meeting.
80114 11 In any sanitary district created prior to January 1, 1978
81115 12 in which a 5 member board of trustees is required as of January
82116 13 1, 1978, the two trustees already serving terms which do not
83117 14 expire on May 1, 1978 shall continue to hold office for the
84118 15 remainders of their respective terms, and 3 trustees shall be
85119 16 appointed by the appropriate appointing authority by April 10,
86120 17 1978 and shall hold office for terms beginning May 1, 1978. Of
87121 18 the three new trustees, one shall hold office for 2 years and 2
88122 19 shall hold office for 3 years from May 1, 1978 and until their
89123 20 successors are appointed and have qualified. Thereafter, on or
90124 21 before the second Monday in April of each year the appropriate
91125 22 appointing authority shall appoint one trustee or 2 trustees,
92126 23 as shall be necessary to maintain a 5 member board of trustees,
93127 24 whose terms shall be for 3 years commencing the first Monday in
94128 25 May of the year in which they are respectively appointed. The
95129 26 lengths of the terms of the trustees who are to hold office
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106140 1 beginning May 1, 1978 shall be determined by lot at their first
107141 2 meeting after May 1, 1978.
108142 3 No more than 3 members of a 5 member board of trustees may
109143 4 be of the same political party; except that in any sanitary
110144 5 district which otherwise meets the requirements of this
111145 6 Section and which lies within 4 counties of the State of
112146 7 Illinois or, prior to April 30, 2008, in the Fox River Water
113147 8 Reclamation District; the appointments of the 5 members of the
114148 9 board of trustees shall be made without regard to political
115149 10 party. Beginning with the appointments made on April 30, 2008,
116150 11 all appointments to the board of trustees of the Fox River
117151 12 Water Reclamation District shall be made so that no more than 3
118152 13 of the 5 members are from the same political party.
119153 14 Beginning with the 2021 municipal election, the board of
120154 15 trustees of the Fox Metro Water Reclamation District shall be
121155 16 elected as provided in this paragraph. The election of
122156 17 trustees shall be in accordance with Section 2A-1.1 of the
123157 18 Election Code. Any board member serving on the effective date
124158 19 of this amendatory Act of the 101st General Assembly whose
125159 20 term does not expire in 2021 shall serve until his or her
126160 21 successor is elected and qualified. The board of trustees of
127161 22 the Fox Metro Water Reclamation District shall: on or before
128162 23 January 1, 2020, divide the Fox Metro Water Reclamation
129163 24 District into 5 trustee districts and assign the trustee
130164 25 districts to reflect the results of the most recent federal
131165 26 decennial census; and thereafter, in the year following each
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142176 1 decennial census, redistrict the trustee districts to reflect
143177 2 the results of the most recent census. The board of trustees
144178 3 shall consist of 1 elected trustee in each trustee district. A
145179 4 petition for nomination for election of a trustee of the Fox
146180 5 Metro Water Reclamation District shall contain at least 100
147181 6 signatures of registered voters residing within the Fox Metro
148182 7 Water Reclamation District. The trustees shall be elected for
149183 8 staggered terms at the election as provided by the Election
150184 9 Code. Two trustees shall be elected at the 2021 election, and 3
151185 10 trustees shall be elected at the following consolidated
152186 11 election. Elected trustees shall take office on the first
153187 12 Tuesday after the first Monday in the month following the
154188 13 month of their election and shall hold their offices for 4
155189 14 years and until their successors are elected and qualified. If
156190 15 a vacancy occurs before the 2021 election on the board of
157191 16 trustees of the Fox Metro Water Reclamation District: (i) the
158192 17 District Manager shall, no later than 7 days from the date of
159193 18 the vacancy, notify the State legislators representing any
160194 19 portion of the District, publish notification of the vacancy
161195 20 on the District's website, and send notification of the
162196 21 vacancy to local newspapers, radio stations, and television
163197 22 stations; (ii) each notification published or sent shall
164198 23 contain instructions on how to apply to the District Manager
165199 24 for the vacant trustee position; (iii) applications for the
166200 25 vacancy shall be accepted for at least 30 days after the date
167201 26 the notification of the vacancy was published and sent; (iv)
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178212 1 applications for the vacancy shall include a letter of
179213 2 interest and resume; (v) once the application period has
180214 3 closed, the District Manager shall forward all applications
181215 4 received to the State legislators notified of the vacancy in
182216 5 item (i); (vi) the President of the board of trustees and the
183217 6 District Manager shall hold a public meeting with the State
184218 7 legislators notified of the vacancy to review all applications
185219 8 and, by unanimous vote of all State legislators representing
186220 9 any portion of the District, select a candidate to fill the
187221 10 trustee vacancy; and (vii) the board of trustees shall appoint
188222 11 the selected candidate at the next board of trustees meeting.
189223 12 If a vacancy exists after the 2021 election on the board of
190224 13 trustees of the Fox Metro Water Reclamation District, the
191225 14 vacancy shall be filled by appointment by the president of the
192226 15 board of trustees, with the advice and consent of the members
193227 16 of the board of trustees, until the next regular election at
194228 17 which trustees of the district are elected, and shall be made a
195229 18 matter of record in the office of the county clerk in the
196230 19 county where the district is located; for a vacancy filled by
197231 20 appointment, the portion of the unexpired term remaining after
198232 21 the next regular election at which trustees of the district
199233 22 are elected shall be filled by election, as provided for in
200234 23 this paragraph.
201235 24 On and after the effective date of this amendatory Act of
202236 25 the 103rd General Assembly, appointments for vacant trustee
203237 26 positions of the board of trustees of the Thorn Creek Basin
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214248 1 Sanitary District shall be made as provided in this paragraph.
215249 2 Within 30 days after the vacancy is created, the mayor of each
216250 3 municipality located in whole or in part within the District
217251 4 may recommend a candidate or candidates to be appointed to the
218252 5 position of trustee, except, if the vacancy is existing on the
219253 6 effective date of this amendatory Act of the 103rd General
220254 7 Assembly, any recommendations must be made within 30 days
221255 8 after the effective date of this amendatory Act of the 103rd
222256 9 General Assembly. A majority of the mayors who may make a
223257 10 recommendation under this paragraph shall, at a time they
224258 11 designate, select a candidate to be appointed trustee from
225259 12 among those candidates recommended by the mayors. In voting
226260 13 for a candidate, a mayor is entitled to one vote for every
227261 14 5,000 residents, or fraction under 5,000 residents, of the
228262 15 mayor's municipality. The number of residents for each
229263 16 municipality shall be determined by the most recent federal
230264 17 decennial census.
231265 18 Within 60 days after the release of Federal census
232266 19 statistics showing that a sanitary district having a 3 member
233267 20 board of trustees contains one or more municipalities with a
234268 21 population over 90,000 but less than 500,000, or, for the
235269 22 Northern Moraine Wastewater Reclamation District, within 60
236270 23 days after the effective date of this amendatory Act of the
237271 24 95th General Assembly, the appropriate appointing authority
238272 25 shall appoint 2 additional trustees to the board of trustees,
239273 26 one to hold office for 2 years and one to hold office for 3
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250284 1 years from the first Monday of May next after their
251285 2 appointment and until their successors are appointed and have
252286 3 qualified. The lengths of the terms of these two additional
253287 4 members shall be determined by lot at the first meeting of the
254288 5 board of trustees held after the additional members take
255289 6 office. The three trustees already holding office in the
256290 7 sanitary district shall continue to hold office for the
257291 8 remainders of their respective terms. Thereafter, on or before
258292 9 the second Monday in April of each year the appropriate
259293 10 appointing authority shall appoint one trustee or 2 trustees,
260294 11 as shall be necessary to maintain a 5 member board of trustees,
261295 12 whose terms shall be for 3 years commencing the first Monday in
262296 13 May of the year in which they are respectively appointed.
263297 14 If any sanitary district having a 5 member board of
264298 15 trustees shall cease to contain one or more municipalities
265299 16 with a population over 90,000 but less than 500,000 according
266300 17 to the most recent Federal census, then, for so long as that
267301 18 sanitary district does not contain one or more such
268302 19 municipalities, on or before the second Monday in April of
269303 20 each year the appropriate appointing authority shall appoint
270304 21 one trustee whose term shall be for 3 years commencing the
271305 22 first Monday in May of the year in which he is appointed. In
272306 23 districts which include 2 or more incorporated cities, towns,
273307 24 or villages, or parts of 2 or more incorporated cities, towns,
274308 25 or villages, all of the trustees shall not be from one
275309 26 incorporated city, town or village.
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286320 1 If a vacancy occurs on any board of trustees, the
287321 2 appropriate appointing authority shall within 60 days appoint
288322 3 a trustee who shall hold office for the remainder of the
289323 4 vacated term.
290324 5 The appointing authority shall require each of the
291325 6 trustees to enter into bond, with security to be approved by
292326 7 the appointing authority, in such sum as the appointing
293327 8 authority may determine.
294328 9 A majority of the board of trustees shall constitute a
295329 10 quorum but a smaller number may adjourn from day to day. No
296330 11 trustee or employee of such district shall be directly or
297331 12 indirectly interested in any contract, work or business of the
298332 13 district, or the sale of any article, the expense, price or
299333 14 consideration of which is paid by such district; nor in the
300334 15 purchase of any real estate or property belonging to the
301335 16 district, or which shall be sold for taxes or assessments, or
302336 17 by virtue of legal process at the suit of the district.
303337 18 Provided, that nothing herein shall be construed as
304338 19 prohibiting the appointment or selection of any person as
305339 20 trustee or employee whose only interest in the district is as
306340 21 owner of real estate in the district or of contributing to the
307341 22 payment of taxes levied by the district. The trustees shall
308342 23 have the power to provide and adopt a corporate seal for the
309343 24 district.
310344 25 Notwithstanding any other provision in this Section, in
311345 26 any sanitary district created prior to the effective date of
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322356 1 this amendatory Act of 1985, in which a five member board of
323357 2 trustees has been appointed and which currently includes one
324358 3 or more municipalities with a population of over 90,000 but
325359 4 less than 500,000, the board of trustees shall consist of five
326360 5 members.
327361 6 Except as otherwise provided for vacancies, in the event
328362 7 that the appropriate appointing authority fails to appoint a
329363 8 trustee under this Section, the appropriate appointing
330364 9 authority shall reconvene and appoint a successor on or before
331365 10 July 1 of that year.
332366 11 (Source: P.A. 101-523, eff. 8-23-19.)
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