Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1233 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1233 Introduced 1/24/2025, 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. LRB104 05147 RTM 15176 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1233 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 70 ILCS 2105/4a from Ch. 42, par. 386a 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. LRB104 05147 RTM 15176 b LRB104 05147 RTM 15176 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1233 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
33 70 ILCS 2105/4a from Ch. 42, par. 386a 70 ILCS 2105/4a from Ch. 42, par. 386a
44 70 ILCS 2105/4a from Ch. 42, par. 386a
55 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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1111 1 AN ACT concerning local government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The River Conservancy Districts Act is amended
1515 5 by changing Section 4a as follows:
1616 6 (70 ILCS 2105/4a) (from Ch. 42, par. 386a)
1717 7 Sec. 4a. Every conservancy district so established shall
1818 8 be governed by a board of trustees. In the statement finding
1919 9 the results of the election to be favorable to the
2020 10 establishment of the district, the circuit court shall
2121 11 determine and name each municipality within the district
2222 12 having 5,000 or more population according to the last
2323 13 preceding federal census.
2424 14 (1) In case there is one or more municipalities having
2525 15 a population of 5,000 or more within the district, the
2626 16 trustees shall be appointed as follows:
2727 17 (a) In districts organized prior to July 1, 1961,
2828 18 where there is only one such municipality, 3 trustees
2929 19 shall be appointed from such municipality, and one
3030 20 trustee shall be appointed from the area within the
3131 21 district outside of such municipality, and one trustee
3232 22 shall be appointed at large. In districts organized on
3333 23 and after July 1, 1961, where there is only one such
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1233 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
3838 70 ILCS 2105/4a from Ch. 42, par. 386a 70 ILCS 2105/4a from Ch. 42, par. 386a
3939 70 ILCS 2105/4a from Ch. 42, par. 386a
4040 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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6868 1 municipality one trustee shall be appointed from such
6969 2 municipality, and one trustee shall be appointed from
7070 3 each county in the district, except that where the
7171 4 district is wholly contained within a single county,
7272 5 one trustee shall be appointed from that county and
7373 6 one additional trustee shall be appointed from the
7474 7 municipality, and, in any case, 2 trustees shall be
7575 8 appointed at large. A trustee appointed from a county
7676 9 in the district shall be appointed from the area
7777 10 outside any such municipality. If the district is
7878 11 located wholly within the corporate limits of such
7979 12 municipality, 3 of the trustees of the district shall
8080 13 be appointed from such municipality, and 2 trustees
8181 14 shall be appointed at large. In a district wholly
8282 15 contained within a single county of between 60,500 and
8383 16 70,000 population and having no more than one
8484 17 municipality of 5,000 or more population, regardless
8585 18 of the date of organization, 3 trustees shall be
8686 19 appointed from that municipality, 2 trustees shall be
8787 20 appointed from the district outside that municipality,
8888 21 and 2 trustees shall be appointed at large. No more
8989 22 than 2 appointments by each appointing authority may
9090 23 be from the same political party.
9191 24 In the case of the Saline Valley Conservancy
9292 25 District, in addition to the other trustees as
9393 26 provided in this subsection (a), the mayor of each
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104104 1 municipality with a population of 2,000 to 4,999 that
105105 2 purchases water from the District may appoint one
106106 3 member to the Board of Trustees beginning July 1, 2023
107107 4 for a 5-year term, and the member shall serve until the
108108 5 trustee's successor is appointed and qualified or the
109109 6 municipality no longer purchases water from the
110110 7 District. A vacancy shall be filled by the mayor of the
111111 8 municipality for the remainder of the term.
112112 9 (b) Where there are 2 or more such municipalities,
113113 10 one trustee shall be appointed from each such
114114 11 municipality, one trustee shall be appointed from each
115115 12 county in the district for each 50,000 population or
116116 13 part thereof within the district in such county
117117 14 according to the last preceding federal census, and 2
118118 15 trustees shall be appointed at large. A trustee
119119 16 appointed from a county in the district shall be
120120 17 appointed from the area outside any such municipality.
121121 18 If the district is located wholly within the corporate
122122 19 limits of such municipalities, 2 trustees shall be
123123 20 appointed from the one of such municipalities having
124124 21 the largest population, and one trustee shall be
125125 22 appointed from each of the other such municipalities,
126126 23 and 2 trustees shall be appointed at large.
127127 24 (c) Trustees representing the area within the
128128 25 district located outside of any municipality having
129129 26 5,000 or more population and trustees appointed at
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140140 1 large when the district is wholly contained within a
141141 2 single county shall be appointed by the presiding
142142 3 officer of the county board with the advice and
143143 4 consent of the county board and any trustee
144144 5 representing the area within any such municipality
145145 6 shall be appointed by its presiding officer. If
146146 7 however the district is located in more than one
147147 8 county, any trustee representing the area within a
148148 9 district located outside of any municipality having
149149 10 5,000 or more population and any trustee at large
150150 11 shall be appointed by a majority vote of the presiding
151151 12 officers of the county boards of the counties which
152152 13 encompass any part of the district, except that no
153153 14 such appointment shall affect the term of any trustee
154154 15 in office on the effective date of this amendatory Act
155155 16 of 1977. Any trustee representing the area within any
156156 17 such municipality shall be appointed by its presiding
157157 18 officer.
158158 19 (d) A trustee representing the area within any
159159 20 such municipality shall reside within its corporate
160160 21 limits. A trustee representing the area within the
161161 22 district and located outside of any such municipality
162162 23 shall reside within such area. A trustee appointed at
163163 24 large may reside either within or without any such
164164 25 municipality but must reside within the territory of
165165 26 the district. Should any trustee cease to reside
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176176 1 within that part of the territory he represents, then
177177 2 his office shall be deemed vacated, and shall be
178178 3 filled by appointment for the remainder of the term as
179179 4 hereinafter provided.
180180 5 (2) In case there are no municipalities having a
181181 6 population of 5,000 or more within such district located
182182 7 wholly within a single county, the statement required by
183183 8 Section 1 shall include such finding, and in such case the
184184 9 Board shall consist of 5 trustees who shall be appointed
185185 10 at large by the presiding officer of the county board with
186186 11 the advice and consent of the county board. If however the
187187 12 district is located in more than one county, the trustees
188188 13 at large shall be appointed by a majority vote of the
189189 14 presiding officers of the county boards of the counties
190190 15 which encompass any portion of the district, but any
191191 16 trustee in office on the effective date of this amendatory
192192 17 Act of 1977 shall be permitted to serve out the remainder
193193 18 of his term. Each such trustee shall reside within the
194194 19 district and shall continue to reside therein.
195195 20 (3) All initial appointments of trustees shall be made
196196 21 within 60 days after the determination of the result of
197197 22 the election. Each appointment shall be in writing and
198198 23 shall be filed and made a matter of record in the office of
199199 24 the county clerk wherein the organization proceedings were
200200 25 filed. A trustee shall qualify within 10 days after
201201 26 appointment by acceptance and the taking of the
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212212 1 constitutional oath of office, both to be in writing and
213213 2 similarly filed for record in the office of such county
214214 3 clerk. Members initially appointed to the board of
215215 4 trustees of such district shall serve from date of
216216 5 appointment for 1, 2, 3, 4 and 5 years and shall draw lots
217217 6 to determine the periods for which they each shall serve.
218218 7 In case there are more than 5 trustees, lots shall be drawn
219219 8 so that 5 trustees shall serve initial terms of 1, 2, 3, 4
220220 9 and 5 years and the other trustees shall serve terms of 1,
221221 10 2, 3, 4 or 5 years as the number of trustees shall require
222222 11 and the drawing of lots shall determine. The successors of
223223 12 all such initial members of the board of trustees of a
224224 13 river conservancy district shall serve for terms of 5
225225 14 years, all such appointments and appointments to fill
226226 15 vacancies shall be made in like manner as in the case of
227227 16 the initial trustees. A trustee having been duly appointed
228228 17 shall continue to serve after the expiration of his term
229229 18 until his successor has been appointed. Each trustee
230230 19 initially appointed in accordance with this amendatory Act
231231 20 of 1995 shall serve a term of 3 or 5 years as determined by
232232 21 lot.
233233 22 (4) Should a municipality which is wholly within a
234234 23 district attain, or should such a municipality be
235235 24 established, having a population of 5,000 or more after
236236 25 the entry of the statement by the circuit court, the
237237 26 presiding officer of such municipality may petition the
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248248 1 circuit court of the county in which such municipality
249249 2 lies for an order finding and determining the population
250250 3 of such municipality and, if it is found and determined
251251 4 upon the hearing of such petition that the population of
252252 5 such municipality is 5,000 or more, the board of trustees
253253 6 of such district as previously established shall be
254254 7 increased by one trustee who shall reside within the
255255 8 corporate limits of such municipality and shall be
256256 9 appointed by its presiding officer. The initial trustee so
257257 10 appointed shall serve for a term of 1, 2, 3, 4 or 5 years,
258258 11 as may be determined by lot, and his successors shall be
259259 12 similarly appointed and shall serve for terms of 5 years.
260260 13 All provisions of this Section applicable to trustees
261261 14 representing municipal areas shall apply to any such
262262 15 trustee, including paragraph 5.
263263 16 (5) Should the foregoing provisions respecting the
264264 17 appointment of trustees representing the area within any
265265 18 municipality of 5,000 or more population be invalid when
266266 19 applied to any situation, then as to such situation any
267267 20 such provision shall be deemed to be excised from this
268268 21 Act, and the trustee whose appointment is thus affected
269269 22 shall be appointed at large by the presiding officer of
270270 23 the county board with the advice and consent of the county
271271 24 board except if the district embraces more than one county
272272 25 in which case the trustees shall be appointed at large by a
273273 26 majority vote of the presiding officers of the county
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284284 1 boards of the counties which encompass any portion of the
285285 2 district.
286286 3 (6) In the case of boards a board representing
287287 4 districts a district that embrace Jackson County or
288288 5 embraces Franklin and Jefferson counties, a trustee may be
289289 6 removed for incompetence, neglect of duty, or malfeasance
290290 7 in office by the appropriate appointing presiding officer
291291 8 or officers, without the advice and consent of the
292292 9 corporate authorities, by filing a written order of
293293 10 removal with the appropriate county or municipal clerk or
294294 11 clerks.
295295 12 (7) Notwithstanding any other provision of law to the
296296 13 contrary, in the case of a board representing a district
297297 14 that embraces Franklin and Jefferson counties, the terms
298298 15 of all trustees shall end on the effective date of this
299299 16 amendatory Act of the 94th General Assembly. Beginning on
300300 17 that date, the board shall consist of 7 trustees. The 7
301301 18 trustees initially appointed pursuant to this amendatory
302302 19 Act of the 94th General Assembly shall be appointed in the
303303 20 same manner as otherwise provided in this Section by the
304304 21 appropriate appointing authority and shall serve the
305305 22 following terms, as determined by lot: (i) 2 trustees
306306 23 shall serve until July 1, 2006; (ii) 2 trustees shall
307307 24 serve until July 1, 2007; (iii) one trustee shall serve
308308 25 until July 1, 2008; (iv) one trustee shall serve until
309309 26 July 1, 2009; and (v) one trustee shall serve until July 1,
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