SB 4035

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Full Text of SB4035
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	SB4035 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4035
Introduced 2/6/2026, 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 18668 RTM 32111 b
A BILL FOR
		SB4035		LRB104 18668 RTM 32111 b
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
15    a population of 5,000 or more within the district, the
16    trustees shall 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
20        trustee shall be appointed from the area within the
21        district outside of such municipality, and one trustee
22        shall be appointed at large. In districts organized on
23        and after July 1, 1961, where there is only one such
		SB4035	- 2 -	LRB104 18668 RTM 32111 b
1        municipality one trustee shall be appointed from such
2        municipality, and one trustee shall be appointed from
3        each county in the district, except that where the
4        district is wholly contained within a single county,
5        one trustee shall be appointed from that county and
6        one additional trustee shall be appointed from the
7        municipality, and, in any case, 2 trustees shall be
8        appointed at large. A trustee appointed from a county
9        in the district shall be appointed from the area
10        outside any such municipality. If the district is
11        located wholly within the corporate limits of such
12        municipality, 3 of the trustees of the district shall
13        be appointed from such municipality, and 2 trustees
14        shall be appointed at large. In a district wholly
15        contained within a single county of between 60,500 and
16        70,000 population and having no more than one
17        municipality of 5,000 or more population, regardless
18        of the date of organization, 3 trustees shall be
19        appointed from that municipality, 2 trustees shall be
20        appointed from the district outside that municipality,
21        and 2 trustees shall be appointed at large. No more
22        than 2 appointments by each appointing authority may
23        be from the same political party.
24            In the case of the Saline Valley Conservancy
25        District, in addition to the other trustees as
26        provided in this subsection (a), the mayor of each
		SB4035	- 3 -	LRB104 18668 RTM 32111 b
1        municipality with a population of 2,000 to 4,999 that
2        purchases water from the District may appoint one
3        member to the Board of Trustees beginning July 1, 2023
4        for a 5-year term, and the member shall serve until the
5        trustee's successor is appointed and qualified or the
6        municipality no longer purchases water from the
7        District. A vacancy shall be filled by the mayor of the
8        municipality for the remainder of the term.
9            (b) Where there are 2 or more such municipalities,
10        one trustee shall be appointed from each such
11        municipality, one trustee shall be appointed from each
12        county in the district for each 50,000 population or
13        part thereof within the district in such county
14        according to the last preceding federal census, and 2
15        trustees shall be appointed at large. A trustee
16        appointed from a county in the district shall be
17        appointed from the area outside any such municipality.
18        If the district is located wholly within the corporate
19        limits of such municipalities, 2 trustees shall be
20        appointed from the one of such municipalities having
21        the largest population, and one trustee shall be
22        appointed from each of the other such municipalities,
23        and 2 trustees shall be appointed at large.
24            (c) Trustees representing the area within the
25        district located outside of any municipality having
26        5,000 or more population and trustees appointed at
		SB4035	- 4 -	LRB104 18668 RTM 32111 b
1        large when the district is wholly contained within a
2        single county shall be appointed by the presiding
3        officer of the county board with the advice and
4        consent of the county board and any trustee
5        representing the area within any such municipality
6        shall be appointed by its presiding officer. If
7        however the district is located in more than one
8        county, any trustee representing the area within a
9        district located outside of any municipality having
10        5,000 or more population and any trustee at large
11        shall be appointed by a majority vote of the presiding
12        officers of the county boards of the counties which
13        encompass any part of the district, except that no
14        such appointment shall affect the term of any trustee
15        in office on the effective date of this amendatory Act
16        of 1977. Any trustee representing the area within any
17        such municipality shall be appointed by its presiding
18        officer.
19            (d) A trustee representing the area within any
20        such municipality shall reside within its corporate
21        limits. A trustee representing the area within the
22        district and located outside of any such municipality
23        shall reside within such area. A trustee appointed at
24        large may reside either within or without any such
25        municipality but must reside within the territory of
26        the district. Should any trustee cease to reside
		SB4035	- 5 -	LRB104 18668 RTM 32111 b
1        within that part of the territory he represents, then
2        his office shall be deemed vacated, and shall be
3        filled by appointment for the remainder of the term as
4        hereinafter provided.
5        (2) In case there are no municipalities having a
6    population of 5,000 or more within such district located
7    wholly within a single county, the statement required by
8    Section 1 shall include such finding, and in such case the
9    Board shall consist of 5 trustees who shall be appointed
10    at large by the presiding officer of the county board with
11    the advice and consent of the county board. If however the
12    district is located in more than one county, the trustees
13    at large shall be appointed by a majority vote of the
14    presiding officers of the county boards of the counties
15    which encompass any portion of the district, but any
16    trustee in office on the effective date of this amendatory
17    Act of 1977 shall be permitted to serve out the remainder
18    of his term. Each such trustee shall reside within the
19    district and shall continue to reside therein.
20        (3) All initial appointments of trustees shall be made
21    within 60 days after the determination of the result of
22    the election. Each appointment shall be in writing and
23    shall be filed and made a matter of record in the office of
24    the county clerk wherein the organization proceedings were
25    filed. A trustee shall qualify within 10 days after
26    appointment by acceptance and the taking of the
		SB4035	- 6 -	LRB104 18668 RTM 32111 b
1    constitutional oath of office, both to be in writing and
2    similarly filed for record in the office of such county
3    clerk. Members initially appointed to the board of
4    trustees of such district shall serve from date of
5    appointment for 1, 2, 3, 4 and 5 years and shall draw lots
6    to determine the periods for which they each shall serve.
7    In case there are more than 5 trustees, lots shall be drawn
8    so that 5 trustees shall serve initial terms of 1, 2, 3, 4
9    and 5 years and the other trustees shall serve terms of 1,
10    2, 3, 4 or 5 years as the number of trustees shall require
11    and the drawing of lots shall determine. The successors of
12    all such initial members of the board of trustees of a
13    river conservancy district shall serve for terms of 5
14    years, all such appointments and appointments to fill
15    vacancies shall be made in like manner as in the case of
16    the initial trustees. A trustee having been duly appointed
17    shall continue to serve after the expiration of his term
18    until his successor has been appointed. Each trustee
19    initially appointed in accordance with this amendatory Act
20    of 1995 shall serve a term of 3 or 5 years as determined by
21    lot.
22        (4) Should a municipality which is wholly within a
23    district attain, or should such a municipality be
24    established, having a population of 5,000 or more after
25    the entry of the statement by the circuit court, the
26    presiding officer of such municipality may petition the
		SB4035	- 7 -	LRB104 18668 RTM 32111 b
1    circuit court of the county in which such municipality
2    lies for an order finding and determining the population
3    of such municipality and, if it is found and determined
4    upon the hearing of such petition that the population of
5    such municipality is 5,000 or more, the board of trustees
6    of such district as previously established shall be
7    increased by one trustee who shall reside within the
8    corporate limits of such municipality and shall be
9    appointed by its presiding officer. The initial trustee so
10    appointed shall serve for a term of 1, 2, 3, 4 or 5 years,
11    as may be determined by lot, and his successors shall be
12    similarly appointed and shall serve for terms of 5 years.
13    All provisions of this Section applicable to trustees
14    representing municipal areas shall apply to any such
15    trustee, including paragraph 5.
16        (5) Should the foregoing provisions respecting the
17    appointment of trustees representing the area within any
18    municipality of 5,000 or more population be invalid when
19    applied to any situation, then as to such situation any
20    such provision shall be deemed to be excised from this
21    Act, and the trustee whose appointment is thus affected
22    shall be appointed at large by the presiding officer of
23    the county board with the advice and consent of the county
24    board except if the district embraces more than one county
25    in which case the trustees shall be appointed at large by a
26    majority vote of the presiding officers of the county
		SB4035	- 8 -	LRB104 18668 RTM 32111 b
1    boards of the counties which encompass any portion of the
2    district.
3        (6) In the case of boards [a board] representing
4    districts [a district] that embrace Jackson County or
5    [embraces] Franklin and Jefferson counties, a trustee may be
6    removed for incompetence, neglect of duty, or malfeasance
7    in office by the appropriate appointing presiding officer
8    or officers, without the advice and consent of the
9    corporate authorities, by filing a written order of
10    removal with the appropriate county or municipal clerk or
11    clerks.
12        (7) Notwithstanding any other provision of law to the
13    contrary, in the case of a board representing a district
14    that embraces Franklin and Jefferson counties, the terms
15    of all trustees shall end on the effective date of this
16    amendatory Act of the 94th General Assembly. Beginning on
17    that date, the board shall consist of 7 trustees. The 7
18    trustees initially appointed pursuant to this amendatory
19    Act of the 94th General Assembly shall be appointed in the
20    same manner as otherwise provided in this Section by the
21    appropriate appointing authority and shall serve the
22    following terms, as determined by lot: (i) 2 trustees
23    shall serve until July 1, 2006; (ii) 2 trustees shall
24    serve until July 1, 2007; (iii) one trustee shall serve
25    until July 1, 2008; (iv) one trustee shall serve until
26    July 1, 2009; and (v) one trustee shall serve until July 1,
		SB4035	- 9 -	LRB104 18668 RTM 32111 b
1    2010. Upon expiration of the terms of the trustees
2    initially appointed under this amendatory Act of the 94th
3    General Assembly, their respective successors shall be
4    appointed for terms of 5 years, beginning on July 1 of the
5    year in which the previous term expires and until their
6    respective successors are appointed and qualified. After
7    the appointment of the trustees initially appointed
8    pursuant to this amendatory Act of the 94th General
9    Assembly, the number of trustees on the board may be
10    increased in accordance with subsection (4).
11(Source: P.A. 103-79, eff. 6-9-23.)