SB3109sam001 99TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 3/31/2016

09900SB3109sam001 LRB099 20690 AWJ 46777 a

AMENDMENT TO SENATE BILL 3109

AMENDMENT NO. ______. Amend Senate Bill 3109 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Drainage Code is amended by changing Sections 3-9, 4-2, 4-3, 4-7, 4-9, and 4-10 and adding Section 1.8 as follows:

(70 ILCS 605/1.8 new)

Sec. 1.8. Appointment of commissioners. After this amendatory Act of the 99th General Assembly all drainage commissioners shall be appointed by the county board in which the district lies. If a district lies in more than one county, the commissioners shall be appointed according to an intergovernmental agreement of the two county boards. The appointments shall be made as vacancies occur at the end of any commissioner's term.

(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 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 605/4-2) (from Ch. 42, par. 4-2)

Sec. 4-2. Petition for appointment of commissioners. Whenever a petition signed by a majority of the total number of adult landowners who together own a majority of the area embraced in the district or a majority of the residents in the district requesting the appointment of an individual as commissioner is filed with the county clerk of the county in which the greater part of the territory of the district lies not more than 4 weeks nor less than 1 week before the first Tuesday of September, then the county clerk shall forward the petition to the appropriate appointing authority and, except for good cause shown, the appropriate appointing authority shall then appoint that individual as commissioner, if he is otherwise qualified.

(Source: P.A. 88-607, eff. 1-1-95.)

(70 ILCS 605/4-3) (from Ch. 42, par. 4-3)

Sec. 4-3. Qualifications of Commissioners. No person shall be appointed or elected commissioner of a district who is not an adult resident of Illinois. Neither shall any person be appointed or elected commissioner of a district who does not own land in the district unless (a) the court in election districts or the appointing authority in other districts finds it to be in the best interests of the district that the requirement of ownership of land in the district be waived or (b) the selection of commissioners is by appointment and a majority of the adult landowners owning a majority of the area embraced in the district have duly petitioned the appropriate appointing authority to allow the appointment as commissioner of an individual who does not own land in the district.

(Source: P.A. 86-297.)

(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 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.)

(70 ILCS 605/4-9) (from Ch. 42, par. 4-9)

Sec. 4-9. Single commissioner.

Whenever the drains, levees or other work for the construction of which the district was organized are completed, then the appointing authority may, upon the petition of adult landowners owning a majority of the area embraced in the district, or a majority of residents in the district, dispense with 2 commissioners, and the appointing authority shall thereafter appoint for such district a single commissioner, who shall hold office for a term expiring on the first Tuesday in September of the third year following his appointment and until his successor is appointed and has qualified, and such single commissioner shall perform the duties and be vested with and exercise the powers imposed upon commissioners generally. Whenever, upon the petition of one or more landowners or residents in such district, it appears to the appointing authority that additional work may be necessary in such district, or for other good cause shown, the appointing authority shall appoint 2 additional commissioners in the manner provided by Section 4-10 so as to make a total of 3 commissioners for the district.

(Source: P.A. 77-701.)

(70 ILCS 605/4-10) (from Ch. 42, par. 4-10)

Sec. 4-10. Filling vacancies in appointive commissioners-Removal from office. If, for any reason, a vacancy occurs in the office of commissioner in a district in which the commissioners are appointed the appointing authority may appoint a successor, either without notice or upon such notice as the appointing authority may direct, to fill the vacancy until the first Tuesday of September next, on which date, or as soon thereafter as may be feasible, the appropriate appointing authority shall appoint a successor for the remainder of the term, in accordance with Sections 3-9, 4-1 and 4-2. For good cause shown any commissioner, whether elected or appointed, may be removed from office by the appointing authority upon its own motion or upon the motion of any interested landowner or resident. Notice to such commissioner of the hearing on such motion shall be given as the appointing authority shall direct.

(Source: P.A. 86-297.)

(70 ILCS 605/4-5 rep.)

(70 ILCS 605/4-6 rep.)

(70 ILCS 605/4-8 rep.)

Section 10. The Illinois Drainage Code is amended by repealing Sections 4-5, 4-6, and 4-8.

Section 99. Effective date. This Act takes effect upon becoming law.".