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Illinois General Assembly· HB 4365Governor Approved

METRO SANITARY DIST-RENAMING, the official text

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HB4365 Enrolled                     LRB104 17396 RTM 30821 b

1   AN ACT concerning local government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Department of Natural Resources Act is

5 amended by changing Section 5-10 as follows:

6   (20 ILCS 801/5-10)

7   Sec. 5-10. Additional powers. With respect to the water

8 resources of the State, the Office of Water Resources shall

9 have the following powers:

10  (a) To study and investigate ways and means by which the

11 various water uses may be coordinated to the end that the water

12 resources of the State be put to their maximum beneficial use

13 and, in connection therewith, to request any department or

14 agency of the State to make surveys, studies, investigations,

15 prepare plans, reports and furnish such data and information

16 as may be necessary.

17  (b) To coordinate, determine and provide ways and means

18 for the equitable reconciliation and adjustment of the various

19 conflicting claims and rights to water by users or uses.

20  (c) To recommend legislation for the most feasible method

21 or methods of conserving water resources and putting them to

22 the maximum possible use, taking into account the problems of

23 navigation, flood control, river flow control and
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1 stabilization, reclamation, drainage and recapture, and

2 further utilization of water after use for any purpose,

3 domestic and industrial use, irrigation of land, municipal

4 use, development of electric energy, public health,

5 recreational, fish and game life, and other beneficial use.

6   (d) To undertake regulatory flood hazard mapping within

7 this State.

8   (e) To inspect and prescribe standards of repair,

9 maintenance and improvement of the facilities and properties

10 of the Metro-East Flood Prevention District Metro-East

11 Sanitary District.

12 (Source: P.A. 89-445, eff. 2-7-96; 90-14, eff. 7-1-97.)

13  Section 10. The Flood Prevention District Act is amended

14 by changing Section 40 as follows:

15  (70 ILCS 750/40)

16  Sec. 40. Budget of the District. The District shall adopt

17 an annual budget by August 31 of each year for the fiscal year

18 beginning October 1. Such budget shall include expected

19 revenues by source and expenditures by project or by function

20 for the following year. The budget must be approved by the

21 county board of the county in which the district is situated

22 prior to any expenditure by the District for the fiscal year

23 beginning October 1. The county board must approve or

24 disapprove the budget of the District within 30 calendar days
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1 after the budget is received by the county board. If the county

2 board does not act to approve or disapprove the budget within

3 30 calendar days of receipt, it shall stand as approved.

4   In addition, the District shall submit an annual report to

5 the county board by August 31 of each year detailing the

6 activities of the district. This report must also include any

7 information submitted to the flood prevention district by a

8 drainage, levee, or sanitary district in accordance with

9 Section 4-45 of the Illinois Drainage Code or Section 2-2 of

10 the Metro-East Flood Prevention District Act Metro-East

11 Sanitary District Act.

12 (Source: P.A. 95-719, eff. 5-21-08; 95-723, eff. 6-23-08.)

13  Section 15. The Southwestern Illinois Metropolitan and

14 Regional Planning Act is amended by changing Section 5 as

15 follows:

16  (70 ILCS 1710/5) (from Ch. 85, par. 1155)

17  Sec. 5. The corporate authorities of the Southwestern

18 Illinois Metropolitan and Regional Planning Commission shall

19 consist of commissioners selected as follows:

20  Eight commissioners appointed by the Governor, at

21  least 4 of whom shall be elected officials of a unit of

22  government and at least 7 of whom shall be residents of the

23  Metropolitan and Regional Counties Area. No more than 4 of

24  the Governor's appointees shall be of the same political
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1   party.

2   One member from among the Illinois Commissioners of

3   the Bi-State Development Agency, elected by said

4   commissioners of said Agency, provided that preference

5   shall be given in this appointment to the Chairman or Vice

6   Chairman of said Agency if either or both of those

7   officers is an Illinois resident.

8   The Chairman or presiding officer of each statutory

9   Port District existing or operating within the

10  Metropolitan and Regional Counties Area, or a member of

11  the governing board of each such Port District appointed

12  by the Chairman or presiding officer thereof to serve in

13  his stead.

14  The President of the Metro-East Flood Prevention

15  District Metro-East Sanitary District or a member of the

16  governing board of such District appointed by the

17  President thereto to serve in his stead.

18  Two members from each of the county boards of counties

19  within the Area of operation having a population of less

20  than 100,000, such members to be appointed by the chairman

21  or presiding officer of such counties and in such manner

22  that one of the 2 members so appointed is the chairman or

23  presiding officer of the relevant county board or an

24  elected member of such board appointed to serve in the

25  stead of such chairman or presiding officer.

26  Three members from each of the county boards of
    HB4365 Enrolled  -5-              LRB104 17396 RTM 30821 b

1   counties within the Area of operation having a population

2   in excess of 100,000, such members to be appointed by the

3   chairman or presiding officer of such counties and in such

4   manner that one of the 3 members so appointed is the

5   chairman or presiding officer of the relevant county board

6   or an elected member of such board appointed to serve in

7   the stead of such chairman or presiding officer; provided,

8   further, that at least one member so appointed from each

9   county having a population in excess of 100,000 shall be a

10  resident in an area of such county outside any city,

11  village or incorporated town, and at least one member so

12  appointed from such counties shall be a resident of a

13  city, village or incorporated town of such county.

14  The Mayor or Village Board President from each city,

15  village or incorporated town in the Area of operation

16  having 4,500 or more inhabitants, or a member of the

17  Council or Village Board appointed by such Mayor or Board

18  President to serve in his stead.

19  One Mayor or Village Board President in each county

20  within the Area of operation from a city, village or

21  incorporated town having fewer than 4,500 inhabitants to

22  be selected by all Mayors or Village Board Presidents of

23  such cities, villages or incorporated towns in each such

24  county.

25  Two members from each township-organized county in the

26  Area of operation who shall be township supervisors
    HB4365 Enrolled     -6-       LRB104 17396 RTM 30821 b

1   appointed by the Chairman of the relevant county board in

2   such a manner that one of the 2 shall represent a township

3   having fewer than 4,500 inhabitants and one of the 2 shall

4   represent a township having more than 4,500 inhabitants,

5   provided that in the event no township in any such county

6   has in excess of 4,500 inhabitants the supervisor of the

7   township in such county which has the largest number of

8   inhabitants shall be one of the 2 members so appointed by

9   that county.

10  Two members from each commission-organized county in

11  the Area of operation who shall be elected officials of

12  either the county board or of a unit of government in such

13  county and who shall be appointed by the Chairman of the

14  County Board of such county.

15  The President of the Southwestern Illinois Council of

16  Mayors or a Mayor of a community within the Area of

17  operation appointed by such President to serve in his

18  stead.

19  One member from among the Illinois members of the

20  East-West Gateway Coordinating Council, elected by said

21  members of said council, provided preference shall be

22  given in this appointment to the Chairman or Vice Chairman

23  of said Council if either or both of those officers is an

24  Illinois resident.

25  Each selecting authority shall give notice of his, or her,

26 or its selections to each other selecting authority, to the
    HB4365 Enrolled    -7-         LRB104 17396 RTM 30821 b

1 Executive Director of the Commission, and to the Secretary of

2 State. Selections or appointments to be made for the first

3 time pursuant to this amendatory Act of 1975 shall be made no

4 later than October 1, 1975 and notice given thereon by that

5 date.

6   In addition to the commissioners provided for above, the

7 following shall also be commissioners selected or appointed

8 and notice thereon given as contemplated by the preceding

9 paragraph:

10       Two members from each county in the Area of operation

11  who shall be a chairman of a county planning commission, a

12  chairman of a municipal planning commission, or a county

13  engineer, such members to be appointed by the Chairman of

14  the County Board.

15       The regional superintendent of schools for each

16  educational service region located in whole or in part

17  within the Area of operation.

18       The President of Southern Illinois University at

19  Edwardsville or a person appointed by him to serve in his

20  stead.

21       The Director of Commerce and Economic Opportunity or a

22  person appointed by him to serve in his stead.

23       The district highway engineer for the Illinois

24  Department of Transportation.

25       The Chairman of the Southwestern Illinois Council on

26  Economic Development composed of the Counties of Madison,
    HB4365 Enrolled            -8-  LRB104 17396 RTM 30821 b

1   St. Clair, Monroe, Randolph, Washington, Bond and Clinton.

2   One representative from each County within the Area of

3   operation who shall be other than an elected official and

4   who shall be appointed by the Chairman of each County

5   Board, provided that each representative so appointed

6   shall be from disadvantaged or minority groups within the

7   County's population.

8   Five Commissioners, appointed by the President of the

9   Commission, with the concurrence of the Executive

10  Committee, one to be selected from each of 5 civic,

11  fraternal, cultural or religious organizations which meet

12  all of the following criteria:

13  (1) has a written charter or constitution and

14  written bylaws;

15  (2) has filed or is eligible to file articles of

16  incorporation pursuant to the General Not for Profit

17  Corporation Act;

18  (3) has been in existence for at least 5 years; and

19  (4) is generally recognized as being substantially

20  representative of the minority population within the

21  Commission's area of operation.

22  The Commission shall develop a fair and reasonable

23 procedure for determining the organizations from which

24 appointments will be made.

25  Within 30 days after selection and before entering upon

26 the duties of his or her office, each commissioner shall take
    HB4365 Enrolled             -9-     LRB104 17396 RTM 30821 b

1 and subscribe to the constitutional oath of office and file it

2 with the Secretary of State.

3   The Commission shall maintain a level of minority

4 membership equal to or greater than proportionate level of

5 minority population which exists within the area of the

6 Commission.

7 (Source: P.A. 94-793, eff. 5-19-06.)

8   Section 20. The Sanitary District Act of 1907 is amended

9 by changing Sections 29. 29.1, and 29.3 as follows:

10  (70 ILCS 2205/29) (from Ch. 42, par. 274.1)

11  Sec. 29. Any sanitary district organized and operated

12 under this Act and having an equalized assessed valuation for

13 tax purposes of $100,000,000 or more may, by referendum as

14 provided in Sections 29.1 through 29.3, be dissolved and a new

15 district created in accordance with the Metro-East Flood

16 Prevention District Act "Metro-East Sanitary District Act of

17 1974", enacted by the 78th General Assembly.

18 (Source: P.A. 78-1017.)

19  (70 ILCS 2205/29.1) (from Ch. 42, par. 274.2)

20  Sec. 29.1. When a petition, signed by at least 300

21 registered voters residing within such sanitary district is

22 filed with the State Board of Elections before the November

23 general election in an even-numbered year, and within the time
    HB4365 Enrolled         - 10 - LRB104 17396 RTM 30821 b

1 provided in the general election law, but other than a year in

2 which a regular election for trustees of the district is held,

3 requesting that the proposition that that sanitary district be

4 dissolved and be replaced by a sanitary district organized

5 under the Metro-East Flood Prevention District Act Metro-East

6 Sanitary District Act of 1974, the Board shall certify the

7 proposition to the proper election officials who shall submit

8 the proposition to the voters of the district at that general

9 election in accordance with the general election law. The

10 proposition shall be in substantially the following form:

11  Shall the.... Sanitary District be dissolved and be

12 replaced by a sanitary district organized under the Metro-East

13 Flood Prevention District Act Metro-East Sanitary District Act

14 of 1974?

15 (Source: P.A. 81-1489.)

16  (70 ILCS 2205/29.3) (from Ch. 42, par. 274.4)

17  Sec. 29.3. The State Board of Elections shall proclaim and

18 certify the results of the vote on the proposition. If a

19 majority of those electors properly marking ballots on the

20 proposition vote in favor thereof, the district organized

21 under this Act shall be dissolved, effective upon the

22 expiration of the terms of office of the incumbent trustees,

23 and a new district created as provided in Article I of the

24 Metro-East Flood Prevention District Act Metro-East Sanitary

25 District Act of 1974.
         HB4365 Enrolled   - 11 - LRB104 17396 RTM 30821 b
1 (Source: P.A. 78-1017.)

2  Section 25. The North Shore Water Reclamation District Act

3 is amended by changing Section 19.1 as follows:

4  (70 ILCS 2305/19.1) (from Ch. 42, par. 295.1)

5  Sec. 19.1. Acquiring district or municipal treatment

6 works.

7  (a) After incorporation, any district organized under this

8 Act may, in accordance with this Act and an intergovernmental

9 agreement with the sanitary district being acquired or the

10 municipality from whom the treatment works and lines are to be

11 acquired, acquire the territory, treatment works, lines,

12 appurtenances, and other property of (i) any sanitary district

13 organized under this Act, the Sanitary District Act of 1907,

14 the Sanitary District Act of 1917, the Sanitary District Act

15 of 1936, or the Metro-East Flood Prevention District Act

16 Metro-East Sanitary District Act of 1974 or (ii) any

17 municipality whose treatment works were established under the

18 Illinois Municipal Code or the Municipal Wastewater Disposal

19 Zones Act, regardless of whether that district or municipality

20 is contiguous to the acquiring sanitary district. The distance

21 between the sanitary district being acquired or municipality

22 and the acquiring sanitary district, however, as measured

23 between the points on their corporate boundaries that are

24 nearest to each other, shall not exceed 20 miles. In the case
    HB4365 Enrolled             - 12 - LRB104 17396 RTM 30821 b

1 of a municipality, only that property used by the municipality

2 for transport, treatment, and discharge of wastewater and for

3 disposal of sewage sludge shall be transferred to the

4 acquiring sanitary district.

5   (b) The board of trustees of the sanitary district being

6 acquired, or the corporate authorities of a municipality whose

7 treatment works is being acquired, shall, jointly with the

8 board of trustees of the acquiring sanitary district, petition

9 the circuit court of the county containing all or the larger

10 portion of the sanitary district being acquired or the

11 municipality to permit the acquisition. The petition shall

12 show the following:

13  (1) The reason for the acquisition.

14  (2) That there are no debts of the sanitary district

15  being acquired or municipality outstanding, or that there

16  are sufficient funds on hand or available to satisfy those

17  debts.

18  (3) That no contract or federal or State permit or

19  grant will be impaired by the acquisition.

20  (4) That all assets and responsibilities of the

21  sanitary district being acquired or municipality, as they

22  relate to wastewater treatment, have been properly

23  assigned to the acquiring sanitary district.

24  (5) That the acquiring sanitary district will pay any

25  court costs incurred in connection with the petition.

26  (6) The boundaries of the acquired sanitary district
    HB4365 Enrolled  - 13 - LRB104 17396 RTM 30821 b

1   or municipality as of the date of the petition.

2   (c) Upon adequate notice, including appropriate notice to

3 the Illinois Environmental Protection Agency, the circuit

4 court shall hold a hearing to determine whether there is good

5 cause for the acquisition by the acquiring district and

6 whether the allegations of the petition are true. If the court

7 finds that there is good cause and that the allegations are

8 true, it shall order the acquisition to proceed. If the court

9 finds that there is not good cause for the acquisition or that

10 the allegations of the petition are not true, the court shall

11 dismiss the petition. In either event, the costs shall be

12 taxed against the acquiring sanitary district. The order shall

13 be final. Separate or joint appeals may be taken by any party

14 affected by the order as in other civil cases.

15  (d) If the court orders the acquisition contemplated in

16 the petition, there shall be no further appointments of

17 trustees if the acquired agency is a sanitary district. The

18 trustees of the acquired sanitary district acting at the time

19 of the order shall close up the business affairs of the

20 sanitary district and make the necessary conveyances of title

21 to the sanitary district property in accordance with the

22 intergovernmental agreement between the acquiring and acquired

23 sanitary districts. In the case of a municipality, the

24 governing body of the municipality shall make the necessary

25 conveyances of title to municipal property to the acquiring

26 sanitary district in accordance with the intergovernmental
    HB4365 Enrolled      - 14 - LRB104 17396 RTM 30821 b

1 agreement between the municipality and the acquiring sanitary

2 district. The acquiring sanitary district's ordinances shall

3 take effect in the acquired territory upon entry of the order.

4   (e) The acquisition of any sanitary district by another

5 sanitary district or the acquisition of a treatment works from

6 a municipality by another sanitary district shall not affect

7 the obligation of any bonds issued or contracts entered into

8 by the acquired sanitary district or the municipality, nor

9 invalidate the levy, extension, or collection of any taxes or

10 special assessments upon a property in the acquired sanitary

11 district, but all those bonds and contracts shall be

12 discharged. The general obligation indebtedness of the

13 acquired sanitary district shall be paid from the proceeds of

14 continuing taxes and special assessments as provided in this

15 Act.

16  All money remaining after the business affairs of the

17 acquired sanitary district or acquired treatment works of the

18 municipality have been closed up and all debts and obligations

19 of the entities paid shall be paid to the acquiring sanitary

20 district in accordance with the intergovernmental agreement

21 between the parties.

22  (f) The board of trustees of the acquiring sanitary

23 district required to provide sewer service under this Act may

24 levy and collect, for that purpose, a tax on the taxable

25 property within that district. The aggregate amount of the tax

26 shall be as provided in this Act.
    HB4365 Enrolled              - 15 - LRB104 17396 RTM 30821 b

1   (g) Any intergovernmental agreement entered into by the

2 parties under this Section shall provide for the imposition or

3 continuance of a user charge system in accordance with the

4 acquiring district's ordinance, the Illinois Environmental

5 Protection Act, and the federal Clean Water Act.

6   (h) All courts shall take judicial notice of the

7 acquisition of the sanitary district being acquired or

8 municipal treatment works by the acquiring sanitary district.

9 (Source: P.A. 87-1060.)

10  Section 30. The Sanitary District Act of 1917 is amended

11 by changing Sections 1 and 17.1 as follows:

12  (70 ILCS 2405/1) (from Ch. 42, par. 299)

13  Sec. 1. Whenever any area of contiguous territory shall

14 contain one or more incorporated cities, towns or villages or

15 parts of one or more incorporated cities, towns or villages,

16 and shall be so situated that the construction and maintenance

17 of a plant or plants for the purification and treatment of

18 sewage and the maintenance of one or more outlets for the

19 drainage thereof, after having been so treated and purified by

20 and through such plant or plants will conduce to the

21 preservation of the public health, comfort and convenience,

22 the same may be incorporated as a sanitary district under this

23 Act in the manner following:

24  Any 100 legal voters, resident within the limits of such
HB4365 Enrolled  - 16 - LRB104 17396 RTM 30821 b

 1 proposed sanitary district, may petition the Circuit Court in
 2 the county in which the proposed district or the major portion
 3 thereof is located, to cause the question to be submitted to
 4 the legal voters of such proposed district whether such
 5 proposed territory shall be organized as a sanitary district
 6 under this Act, such petition shall be addressed to the
 7 Circuit Court and shall contain a definite description of the
 8 territory to be embraced in such district, and the name of such
 9 proposed sanitary district: However, no territory shall be
10 included in any municipal corporation formed hereunder which
11 is not situated within the limits of a city, incorporated town
12 or village, or within 6 miles outside thereof, and no
13 territory shall be included within more than one sanitary
14 district organized under this Act or any other Act, except
15 that territory included within a sanitary district organized
16 under the Metro-East Flood Prevention District Act Metro-East
17 Sanitary District Act of 1974 may also be included within a
18 sanitary district organized under this Act. Upon filing of
19 such petition in the office of the circuit clerk in the county
20 in which such territory or the major portion thereof is
21 situated, it shall be the duty of the Circuit Court to name 3
22 judges of such Court who shall constitute a board of
23 commissioners which shall have power and authority to consider
24 the boundaries of any such proposed sanitary district, whether
25 the same shall be as described in such petition or otherwise,
26 and the decision of 2 of such commissioners shall be
    HB4365 Enrolled  - 17 - LRB104 17396 RTM 30821 b

1 conclusive and not subject to review in any manner, directly

2 or indirectly.

3   Notice shall be given by such court of the time and place

4 where such commissioners will meet, by a publication inserted

5 in one or more daily or weekly papers published in such

6 proposed district, at least 20 days prior to such meeting and

7 if no such newspaper is published in such proposed district,

8 then by posting at least 5 copies of such notice in such

9 proposed district at least 20 days before such hearing.

10  At such meeting all persons in such proposed district

11 shall have an opportunity to be heard touching the location

12 and boundary of such proposed district and to make suggestions

13 regarding the same, and such commissioners, after hearing

14 statements, evidence and suggestions, shall fix and determine

15 the limits and boundaries of such proposed district, and for

16 that purpose and to that extent may alter and amend such

17 petition. After such determination by the commissioners or a

18 majority of them, the same shall be incorporated in an order

19 which shall be entered of record in the Circuit Court. Upon the

20 entering of such order, the Circuit Court shall certify the

21 question to the proper election officials who shall submit the

22 question of organization and establishment of the proposed

23 sanitary district as determined by the commissioners, at an

24 election in accordance with the general election law.

25  Each legal voter resident within such proposed sanitary

26 district shall have the right to cast a ballot at such
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1 election. The proposition shall be in substantially the

2 following form:

3   ------------------------------------------------------------

4   For Sanitary District

5   ------------------------------------------------------------

6   Against Sanitary District

7   ------------------------------------------------------------

8   The Circuit Court shall cause a statement of the result of

9 such election to be entered of record in the Circuit Court. If

10 a majority of the votes cast upon the question of

11 incorporation of the proposed sanitary district shall be in

12 favor of the proposed sanitary district, such proposed

13 district shall thenceforth be deemed an organized sanitary

14 district under this Act.

15 (Source: P.A. 83-1425.)

16  (70 ILCS 2405/17.1) (from Ch. 42, par. 316.1)

17  Sec. 17.1. Acquiring district or municipal treatment

18 works.

19  (a) After incorporation, any district organized under this

20 Act may, in accordance with this Act and an intergovernmental

21 agreement with the sanitary district being acquired or the

22 municipality from whom the treatment works and lines are to be

23 acquired, acquire the territory, treatment works, lines,

24 appurtenances, and other property of (i) any sanitary district

25 organized under this Act, the Sanitary District Act of 1907,
    HB4365 Enrolled     - 19 - LRB104 17396 RTM 30821 b

1 the North Shore Water Reclamation District Act, the Sanitary

2 District Act of 1936, or the Metro-East Flood Prevention

3 District Act Metro-East Sanitary District Act of 1974 or (ii)

4 any municipality whose treatment works were established under

5 the Illinois Municipal Code or the Municipal Wastewater

6 Disposal Zones Act, regardless of whether that district or

7 municipality is contiguous to the acquiring sanitary district.

8 The distance between the sanitary district being acquired or

9 municipality and the acquiring sanitary district, however, as

10 measured between the points on their corporate boundaries that

11 are nearest to each other, shall not exceed 20 miles. In the

12 case of a municipality, only that property used by the

13 municipality for transport, treatment, and discharge of

14 wastewater and for disposal of sewage sludge shall be

15 transferred to the acquiring sanitary district.

16  (b) The board of trustees of the sanitary district being

17 acquired, or the corporate authorities of a municipality whose

18 treatment works is being acquired, shall, jointly with the

19 board of trustees of the acquiring sanitary district, petition

20 the circuit court of the county containing all or the larger

21 portion of the sanitary district being acquired or the

22 municipality to permit the acquisition. The petition shall

23 show the following:

24  (1) The reason for the acquisition.

25  (2) That there are no debts of the sanitary district

26  being acquired or municipality outstanding, or that there
    HB4365 Enrolled  - 20 - LRB104 17396 RTM 30821 b

1   are sufficient funds on hand or available to satisfy those

2   debts.

3   (3) That no contract or federal or State permit or

4   grant will be impaired by the acquisition.

5   (4) That all assets and responsibilities of the

6   sanitary district being acquired or municipality, as they

7   relate to wastewater treatment, have been properly

8   assigned to the acquiring sanitary district.

9   (5) That the acquiring sanitary district will pay any

10  court costs incurred in connection with the petition.

11  (6) The boundaries of the acquired sanitary district

12  or municipality as of the date of the petition.

13  (c) Upon adequate notice, including appropriate notice to

14 the Illinois Environmental Protection Agency, the circuit

15 court shall hold a hearing to determine whether there is good

16 cause for the acquisition by the acquiring district and

17 whether the allegations of the petition are true. If the court

18 finds that there is good cause and that the allegations are

19 true, it shall order the acquisition to proceed. If the court

20 finds that there is not good cause for the acquisition or that

21 the allegations of the petition are not true, the court shall

22 dismiss the petition. In either event, the costs shall be

23 taxed against the acquiring sanitary district. The order shall

24 be final. Separate or joint appeals may be taken by any party

25 affected by the order as in other civil cases.

26  (d) If the court orders the acquisition contemplated in
    HB4365 Enrolled  - 21 - LRB104 17396 RTM 30821 b

1 the petition, there shall be no further appointments of

2 trustees if the acquired agency is a sanitary district. The

3 trustees of the acquired sanitary district acting at the time

4 of the order shall close up the business affairs of the

5 sanitary district and make the necessary conveyances of title

6 to the sanitary district property in accordance with the

7 intergovernmental agreement between the acquiring and acquired

8 sanitary districts. In the case of a municipality, the

9 governing body of the municipality shall make the necessary

10 conveyances of title to municipal property to the acquiring

11 sanitary district in accordance with the intergovernmental

12 agreement between the municipality and the acquiring sanitary

13 district. The acquiring sanitary district's ordinances take

14 effect in the acquired territory upon entry of the order.

15  (e) The acquisition of any sanitary district by another

16 sanitary district or the acquisition of a treatment works from

17 a municipality by another sanitary district shall not affect

18 the obligation of any bonds issued or contracts entered into

19 by the acquired sanitary district or the municipality, nor

20 invalidate the levy, extension, or collection of any taxes or

21 special assessments upon a property in the acquired sanitary

22 district, but all those bonds and contracts shall be

23 discharged. The general obligation indebtedness of the

24 acquired sanitary district shall be paid from the proceeds of

25 continuing taxes and special assessments as provided in this

26 Act.
    HB4365 Enrolled           - 22 - LRB104 17396 RTM 30821 b

1   All money remaining after the business affairs of the

2 acquired sanitary district or acquired treatment works of the

3 municipality have been closed up and all debts and obligations

4 of the entities paid shall be paid to the acquiring sanitary

5 district in accordance with the intergovernmental agreement

6 between the parties.

7   (f) The board of trustees of the acquiring sanitary

8 district required to provide sewer service under this Act may

9 levy and collect, for that purpose, a tax on the taxable

10 property within that district. The aggregate amount of the tax

11 shall be as provided in this Act.

12  (g) Any intergovernmental agreement entered into by the

13 parties under this Section shall provide for the imposition or

14 continuance of a user charge system in accordance with the

15 acquiring district's ordinance, the Illinois Environmental

16 Protection Act, and the federal Clean Water Act.

17  (h) All courts shall take judicial notice of the

18 acquisition of the sanitary district being acquired or

19 municipal treatment works by the acquiring sanitary district.

20 (Source: P.A. 99-669, eff. 7-29-16.)

21  Section 35. The Metro-East Sanitary District Act of 1974

22 is amended by changing the Act title and Sections 1-1, 3-1, and

23 5-1 as follows:

24  (70 ILCS 2905/Act title)
   HB4365 Enrolled         - 23 - LRB104 17396 RTM 30821 b

1  An Act concerning local government authorizing the

2 reorganization of certain sanitary districts.

3  (70 ILCS 2905/1-1) (from Ch. 42, par. 501-1)

4  Sec. 1-1. This Act shall be known and may be cited as the

5 Metro-East Flood Prevention District Act "Metro-East Sanitary

6 District Act of 1974".

7 (Source: P.A. 78-1017.)

8  (70 ILCS 2905/3-1) (from Ch. 42, par. 503-1)

9  Sec. 3-1. The district shall be governed by a Board of

10 Commissioners, consisting of 5 commissioners. Two of the

11 commissioners shall be residents of that portion of the

12 district in the county having the greater equalized assessed

13 valuation within the district's boundaries of the district,

14 and 2 shall be residents of that portion of the district within

15 in the other county. The appointment of commissioners from

16 each county shall be made by the chairman of the county board

17 of that county with the advice and consent of the county board,

18 except that in the case of a home rule county as defined by

19 Article VII, Section 6, of the Constitution of 1970 the

20 appointment shall be made by the chief executive officer of

21 the county with the advice and consent of the county board.

22 Beginning on the effective date of this amendatory Act of the

23 101st General Assembly, the mayor, or his or her designee, of

24 the largest municipality in the county having the greater
    HB4365 Enrolled  - 24 - LRB104 17396 RTM 30821 b

1 equalized assessed valuation within the district's boundaries

2 of the district shall be an ex officio commissioner with a

3 right to vote. If there is not a vacant commissioner position

4 from the county having the greater equalized assessed

5 valuation on the effective date of this amendatory Act of the

6 101st General Assembly, then the term of the last appointed

7 commissioner from that county is terminated on the effective

8 date of this amendatory Act of the 101st General Assembly.

9   The appointed commissioners from each county may not be

10 from the same political party.

11  The County Board Chairman of either county may remove any

12 of the appointed commissioners from his or her county with the

13 advice and consent of the county board.

14  In the first appointments to the Board of Commissioners,

15 the appointing authority appointing 3 directors shall

16 designate one appointee to serve for a term of one year, one

17 for a term of 3 years and one for a term of 5 years, and the

18 appointing authority appointing 2 directors shall designate

19 one to serve for a term of 2 years and one for a term of 4

20 years. Thereafter one commissioner shall be appointed by the

21 appropriate appointing authority each year for a term of 5

22 years to succeed the director whose term expires in that year.

23 Any vacancy on the Board of Commissioners shall be filled by

24 appointment by the appropriate appointing authority for the

25 remainder of the unexpired term.

26  For the purpose of determining the ex officio
   HB4365 Enrolled         - 25 - LRB104 17396 RTM 30821 b

1 commissioner, the county having the greater equalized assessed
2 valuation of the district shall be established on January 1 of
3 each year, and the ex officio commissioner shall serve until
4 January 1 of the following year.
5 (Source: P.A. 101-308, eff. 1-1-20.)

6  (70 ILCS 2905/5-1) (from Ch. 42, par. 505-1)

7  Sec. 5-1. Taxes; levy.

8  (a) The board may levy and collect taxes for corporate

9 purposes on taxable property within the corporate boundaries

10 of the district including property annexed pursuant to Section

11 2-11. Such taxes shall be levied by ordinance specifying the

12 purposes for which the same are required, and a certified copy

13 of such ordinance shall be filed with the county clerk of the

14 county in which the predecessor district was organized, on or

15 before the second Tuesday in August, as provided in Section

16 122 of the Revenue Act of 1939 (superseded by Section 14-10 of

17 the Property Tax Code). Any excess funds accumulated prior to

18 January 1, 2008 by the sanitary district that are collected by

19 levying taxes pursuant to 745 ILCS 10/9-107 may be expended by

20 the sanitary district to maintain, repair, improve, or

21 construct levees or any part of the levee system and to provide

22 capital moneys for levee or river-related scientific studies,

23 including the construction of facilities for such purposes.

24 For the purposes of this subsection (a), the excess funds

25 withdrawn from the Local Governmental and Governmental
HB4365 Enrolled  - 26 - LRB104 17396 RTM 30821 b

 1 Employees Tort Immunity Fund may not be more than 90% of the
 2 balance of that fund on December 31, 2007. After the
 3 assessment for the current year has been equalized by the
 4 Department of Revenue, the board shall, as soon as may be,
 5 ascertain and certify to such county clerk the total value of
 6 all taxable property lying within the corporate limits of such
 7 districts in each of the counties in which the district is
 8 situated, as the same is assessed and equalized for tax
 9 purposes for the current year. The county clerk shall
10 ascertain the rate per cent which, upon the total valuation of
11 all such property, ascertained as above stated, would produce
12 a net amount not less than the amount so directed to be levied;
13 and the clerk shall, without delay, certify under his
14 signature and seal of office to the county clerk of such other
15 county, in which a portion of the district is situated such
16 rate per cent; and it shall be the duty of each of the county
17 clerks to extend such tax in a separate column upon the books
18 of the collector or collectors of the county taxes for the
19 counties, against all property in their respective counties,
20 within the limits of the district. All taxes so levied and
21 certified shall be collected and enforced in the same manner,
22 and by the same officers as county taxes, and shall be paid
23 over by the officers collecting the same, to the treasurer of
24 the sanitary district, in the manner and at the time provided
25 by the Property Tax Code. The aggregate amount of taxes levied
26 for any one year, exclusive of the amount levied for the
   HB4365 Enrolled  - 27 - LRB104 17396 RTM 30821 b

1 payment of bonded indebtedness and interest thereon, shall not

2 exceed the rate of .20%, or the rate limitation of the

3 predecessor district in effect on July 1, 1967, or the rate

4 limitation set by subsection (b) whichever is greater, of

5 value, as equalized or assessed by the Department of Revenue.

6 The foregoing limitations upon tax rates may be increased or

7 decreased under the referendum provisions of the Property Tax

8 Code.

9  (b) The tax rate limit of the district may be changed to

10 .478% of the value of property as equalized or assessed by the

11 Department of Revenue for a period of 5 years and to .312% of

12 such value thereafter upon the approval of the electors of the

13 district of such a proposition submitted at any regular

14 election pursuant to a resolution of the board of

15 commissioners or submitted at an election for officers of the

16 counties of St. Clair and Madison in accordance with the

17 general election law upon a petition signed by not fewer than

18 10% of the legal voters in the district, which percentage

19 shall be determined on the basis of the number of votes cast at

20 the last general election preceding the filing of such

21 petition specifying the tax rate to be submitted. Such

22 petition shall be filed with the executive director of the

23 district not more than 10 months nor less than 5 months prior

24 to the election at which the question is to be submitted to the

25 voters of the district, and its validity shall be determined

26 as provided by the general election law. The executive
    HB4365 Enrolled            - 28 - LRB104 17396 RTM 30821 b

1 director shall certify the question to the proper election

2 officials, who shall submit the question to the voters.

3   Notice shall be given in the manner provided by the

4 general election law.

5   Referenda initiated under this subsection shall be subject

6 to the provisions and limitations of the general election law.

7   The question shall be in substantially the following form:

8   ------------------------------------------------------------

9   Shall the maximum tax rate

10 for the Metro-East Flood Prevention District Metro-East

11 Sanitary

12 District be established at          YES

13 .478% of the equalized assessed

14 value for 5 years and then at .312% ----------------------

15 of the equalized assessed value

16 thereafter, instead of .2168%, the  NO

17 maximum rate otherwise applicable

18 to the next taxes to be extended?

19  ------------------------------------------------------------

20  The ballot shall have printed thereon, but not as a part of

21 the proposition submitted, an estimate of the approximate

22 amount extendable under the proposed rate and of the

23 approximate amount extendable under the rate otherwise

24 applicable to the next taxes to be extended, such amounts

25 being computed upon the last known equalized assessed value;

26 provided, that any error, miscalculation or inaccuracy in
    HB4365 Enrolled  - 29 - LRB104 17396 RTM 30821 b

1 computing such amounts shall not invalidate or affect the

2 validity of any tax rate limit so adopted.

3   If a majority of all ballots cast on such proposition

4 shall be in favor of the proposition, the tax rate limit so

5 established shall become effective with the levy next

6 following the referendum; provided that nothing in this

7 subsection shall be construed as precluding the extension of

8 taxes at rates less than that authorized by such referendum.

9   Except as herein otherwise provided, the referenda

10 authorized by the terms of this subsection shall be conducted

11 in all respects in the manner provided by the general election

12 law.

13 (Source: P.A. 95-723, eff. 6-23-08; 96-1070, eff. 1-1-11.)

14  Section 40. The Public Utilities Act is amended by

15 changing Section 5-106 as follows:

16  (220 ILCS 5/5-106) (from Ch. 111 2/3, par. 5-106)

17  Sec. 5-106. Each public utility shall have an office in

18 one of the cities, villages or incorporated towns in this

19 State in which its property or some part thereof is located,

20 and shall keep in said office all such books, accounts,

21 papers, records and memoranda as shall be ordered by the

22 Commission to be kept within the State. The address of such

23 office shall be filed with the Commission. No books, accounts,

24 papers, records or memoranda ordered by the Commission to be
    HB4365 Enrolled             - 30 - LRB104 17396 RTM 30821 b

1 kept within the State shall be at any time removed from the

2 State, except upon such conditions as may be prescribed by the

3 Commission.

4   Each public utility shall be liable for, and upon proper

5 invoice from the Commission shall promptly reimburse the

6 Commission for, the reasonable costs and expenses associated

7 with the audit or inspection of any books, accounts, papers,

8 records and memoranda kept outside the State.

9   In the case of a public utility that provides drinking

10 water services, upon the request of a municipal wastewater

11 agency or unit of local government organized under the

12 Sanitary District Act of 1907, the North Shore Water

13 Reclamation District Act, the Sanitary District Act of 1917,

14 the Metropolitan Water Reclamation District Act, the Sanitary

15 District Act of 1936, the Metro-East Flood Prevention District

16 Act Metro-East Sanitary District Act of 1974, or the Eastern

17 Will Sanitary District Act, such public utility shall provide

18 timely and accurate water usage data, in a format identifiable

19 to the requester, for purposes of calculating wastewater

20 billings. The public utility shall be entitled to collect its

21 reasonable costs incurred to provide such data.

22 (Source: P.A. 103-716, eff. 1-1-25.)

23  Section 45. The Eminent Domain Act is amended by changing

24 Section 15-5-15 as follows:
    HB4365 Enrolled        - 31 - LRB104 17396 RTM 30821 b

1   (735 ILCS 30/15-5-15)

2   (Text of Section before amendment by P.A. 104-457)

3   Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70

4 through 75. The following provisions of law may include

5 express grants of the power to acquire property by

6 condemnation or eminent domain:

7 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport

8   authorities; for public airport facilities.

9 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport

10  authorities; for removal of airport hazards.

11 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport

12  authorities; for reduction of the height of objects or

13  structures.

14 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate

15  airport authorities; for general purposes.

16 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority

17  Act; Kankakee River Valley Area Airport Authority; for

18  acquisition of land for airports.

19 (70 ILCS 200/2-20); Civic Center Code; civic center

20  authorities; for grounds, centers, buildings, and parking.

21 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center

22  Authority; for grounds, centers, buildings, and parking.

23 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan

24  Exposition, Auditorium and Office Building Authority; for

25  grounds, centers, buildings, and parking.
    HB4365 Enrolled          - 32 - LRB104 17396 RTM 30821 b

1 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center

2   Authority; for grounds, centers, buildings, and parking.

3 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic

4   Center Authority; for grounds, centers, buildings, and

5   parking.

6 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park

7   District Civic Center Authority; for grounds, centers,

8   buildings, and parking.

9 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic

10  Center Authority; for grounds, centers, buildings, and

11  parking.

12 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic

13  Center Authority; for grounds, centers, buildings, and

14  parking.

15 (70 ILCS 200/60-30); Civic Center Code; Collinsville

16  Metropolitan Exposition, Auditorium and Office Building

17  Authority; for grounds, centers, buildings, and parking.

18 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic

19  Center Authority; for grounds, centers, buildings, and

20  parking.

21 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan

22  Exposition, Auditorium and Office Building Authority; for

23  grounds, centers, buildings, and parking.

24 (70 ILCS 200/80-15); Civic Center Code; DuPage County

25  Metropolitan Exposition, Auditorium and Office Building

26  Authority; for grounds, centers, buildings, and parking.
    HB4365 Enrolled  - 33 - LRB104 17396 RTM 30821 b

1 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan

2   Exposition, Auditorium and Office Building Authority; for

3   grounds, centers, buildings, and parking.

4 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan

5   Exposition, Auditorium and Office Building Authority; for

6   grounds, centers, buildings, and parking.

7 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic

8   Center Authority; for grounds, centers, buildings, and

9   parking.

10 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic

11  Center Authority; for grounds, centers, buildings, and

12  parking.

13 (70 ILCS 200/120-25); Civic Center Code; Jefferson County

14  Metropolitan Exposition, Auditorium and Office Building

15  Authority; for grounds, centers, buildings, and parking.

16 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County

17  Civic Center Authority; for grounds, centers, buildings,

18  and parking.

19 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham

20  Metropolitan Exposition, Auditorium and Office Building

21  Authority; for grounds, centers, buildings, and parking.

22 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center

23  Authority; for grounds, centers, buildings, and parking.

24 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic

25  Center Authority; for grounds, centers, buildings, and

26  parking.
    HB4365 Enrolled        - 34 - LRB104 17396 RTM 30821 b

1 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan

2   Civic Center Authority; for grounds, centers, buildings,

3   and parking.

4 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center

5   Authority; for grounds, centers, buildings, and parking.

6 (70 ILCS 200/165-35); Civic Center Code; Melrose Park

7   Metropolitan Exposition Auditorium and Office Building

8   Authority; for grounds, centers, buildings, and parking.

9 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan

10  Exposition, Auditorium and Office Building Authorities;

11  for general purposes.

12 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center

13  Authority; for grounds, centers, buildings, and parking.

14 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center

15  Authority; for grounds, centers, buildings, and parking.

16 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center

17  Authority; for grounds, centers, buildings, and parking.

18 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center

19  Authority; for grounds, centers, buildings, and parking.

20 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center

21  Authority; for grounds, centers, buildings, and parking.

22 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center

23  Authority; for grounds, centers, buildings, and parking.

24 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City

25  Civic Center Authority; for grounds, centers, buildings,

26  and parking.
    HB4365 Enrolled  - 35 - LRB104 17396 RTM 30821 b

1 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan

2   Exposition, Auditorium and Office Building Authority; for

3   grounds, centers, buildings, and parking.

4 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic

5   Center Authority; for grounds, centers, buildings, and

6   parking.

7 (70 ILCS 200/230-35); Civic Center Code; River Forest

8   Metropolitan Exposition, Auditorium and Office Building

9   Authority; for grounds, centers, buildings, and parking.

10 (70 ILCS 200/235-40); Civic Center Code; Riverside Civic

11  Center Authority; for grounds, centers, buildings, and

12  parking.

13 (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center

14  Authority; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/255-20); Civic Center Code; Springfield

16  Metropolitan Exposition and Auditorium Authority; for

17  grounds, centers, and parking.

18 (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan

19  Exposition, Auditorium and Office Building Authority; for

20  grounds, centers, buildings, and parking.

21 (70 ILCS 200/265-20); Civic Center Code; Vermilion County

22  Metropolitan Exposition, Auditorium and Office Building

23  Authority; for grounds, centers, buildings, and parking.

24 (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center

25  Authority; for grounds, centers, buildings, and parking.

26 (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
    HB4365 Enrolled         - 36 - LRB104 17396 RTM 30821 b

1   Center Authority; for grounds, centers, buildings, and

2   parking.

3 (70 ILCS 200/280-20); Civic Center Code; Will County

4   Metropolitan Exposition and Auditorium Authority; for

5   grounds, centers, and parking.

6 (70 ILCS 210/5); Metropolitan Pier and Exposition Authority

7   Act; Metropolitan Pier and Exposition Authority; for

8   general purposes, including quick-take power.

9 (70 ILCS 405/22.04); Soil and Water Conservation Districts

10  Act; soil and water conservation districts; for general

11  purposes.

12 (70 ILCS 410/10 and 410/12); Conservation District Act;

13  conservation districts; for open space, wildland, scenic

14  roadway, pathway, outdoor recreation, or other

15  conservation benefits.

16 (70 ILCS 503/25); Chanute-Rantoul National Aviation Center

17  Redevelopment Commission Act; Chanute-Rantoul National

18  Aviation Center Redevelopment Commission; for general

19  purposes.

20 (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;

21  Fort Sheridan Redevelopment Commission; for general

22  purposes or to carry out comprehensive or redevelopment

23  plans.

24 (70 ILCS 520/8); Southwestern Illinois Development Authority

25  Act; Southwestern Illinois Development Authority; for

26  general purposes, including quick-take power.
    HB4365 Enrolled       - 37 - LRB104 17396 RTM 30821 b

1 (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;

2   drainage districts; for general purposes.

3 (70 ILCS 615/5 and 615/6); Chicago Drainage District Act;

4   corporate authorities; for construction and maintenance of

5   works.

6 (70 ILCS 705/10); Fire Protection District Act; fire

7   protection districts; for general purposes.

8 (70 ILCS 750/20); Flood Prevention District Act; flood

9   prevention districts; for general purposes.

10 (70 ILCS 805/6); Downstate Forest Preserve District Act;

11  certain forest preserve districts; for general purposes.

12 (70 ILCS 805/18.8); Downstate Forest Preserve District Act;

13  certain forest preserve districts; for recreational and

14  cultural facilities.

15 (70 ILCS 810/8); Cook County Forest Preserve District Act;

16  Forest Preserve District of Cook County; for general

17  purposes.

18 (70 ILCS 810/38); Cook County Forest Preserve District Act;

19  Forest Preserve District of Cook County; for recreational

20  facilities.

21 (70 ILCS 910/15 and 910/16); Hospital District Law; hospital

22  districts; for hospitals or hospital facilities.

23 (70 ILCS 915/3); Illinois Medical District Act; Illinois

24  Medical District Commission; for general purposes.

25 (70 ILCS 915/4.5); Illinois Medical District Act; Illinois

26  Medical District Commission; quick-take power for the
    HB4365 Enrolled         - 38 - LRB104 17396 RTM 30821 b

1   Illinois State Police Forensic Science Laboratory

2   (obsolete).

3 (70 ILCS 920/5); Tuberculosis Sanitarium District Act;

4   tuberculosis sanitarium districts; for tuberculosis

5   sanitariums.

6 (70 ILCS 925/20); Mid-Illinois Medical District Act;

7   Mid-Illinois Medical District; for general purposes.

8 (70 ILCS 930/20); Mid-America Medical District Act;

9   Mid-America Medical District Commission; for general

10  purposes.

11 (70 ILCS 935/20); Roseland Community Medical District Act;

12  medical district; for general purposes.

13 (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito

14  abatement districts; for general purposes.

15 (70 ILCS 1105/8); Museum District Act; museum districts; for

16  general purposes.

17 (70 ILCS 1205/7-1); Park District Code; park districts; for

18  streets and other purposes.

19 (70 ILCS 1205/8-1); Park District Code; park districts; for

20  parks.

21 (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park

22  districts; for airports and landing fields.

23 (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park

24  districts; for State land abutting public water and

25  certain access rights.

26 (70 ILCS 1205/11.1-3); Park District Code; park districts; for
    HB4365 Enrolled         - 39 - LRB104 17396 RTM 30821 b

1   harbors.

2 (70 ILCS 1225/2); Park Commissioners Land Condemnation Act;

3   park districts; for street widening.

4 (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water

5   Control Act; park districts; for parks, boulevards,

6   driveways, parkways, viaducts, bridges, or tunnels.

7 (70 ILCS 1250/2); Park Commissioners Street Control (1889)

8   Act; park districts; for boulevards or driveways.

9 (70 ILCS 1290/1); Park District Aquarium and Museum Act;

10  municipalities or park districts; for aquariums or

11  museums.

12 (70 ILCS 1305/2); Park District Airport Zoning Act; park

13  districts; for restriction of the height of structures.

14 (70 ILCS 1310/5); Park District Elevated Highway Act; park

15  districts; for elevated highways.

16 (70 ILCS 1505/15); Chicago Park District Act; Chicago Park

17  District; for parks and other purposes.

18 (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park

19  District; for parking lots or garages.

20 (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park

21  District; for harbors.

22 (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation

23  Act; Lincoln Park Commissioners; for land and interests in

24  land, including riparian rights.

25 (70 ILCS 1801/30); Alexander-Cairo Port District Act;

26  Alexander-Cairo Port District; for general purposes.
    HB4365 Enrolled         - 40 - LRB104 17396 RTM 30821 b

1 (70 ILCS 1805/8); Havana Regional Port District Act; Havana

2   Regional Port District; for general purposes.

3 (70 ILCS 1810/7); Illinois International Port District Act;

4   Illinois International Port District; for general

5   purposes.

6 (70 ILCS 1815/13); Illinois Valley Regional Port District Act;

7   Illinois Valley Regional Port District; for general

8   purposes.

9 (70 ILCS 1820/4); Jackson-Union Counties Regional Port

10  District Act; Jackson-Union Counties Regional Port

11  District; for removal of airport hazards or reduction of

12  the height of objects or structures.

13 (70 ILCS 1820/5); Jackson-Union Counties Regional Port

14  District Act; Jackson-Union Counties Regional Port

15  District; for general purposes.

16 (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet

17  Regional Port District; for removal of airport hazards.

18 (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet

19  Regional Port District; for reduction of the height of

20  objects or structures.

21 (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet

22  Regional Port District; for removal of hazards from ports

23  and terminals.

24 (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet

25  Regional Port District; for general purposes.

26 (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
    HB4365 Enrolled         - 41 - LRB104 17396 RTM 30821 b

1   Kaskaskia Regional Port District; for removal of hazards

2   from ports and terminals.

3 (70 ILCS 1830/14); Kaskaskia Regional Port District Act;

4   Kaskaskia Regional Port District; for general purposes.

5 (70 ILCS 1831/30); Massac-Metropolis Port District Act;

6   Massac-Metropolis Port District; for general purposes.

7 (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;

8   Mt. Carmel Regional Port District; for removal of airport

9   hazards.

10 (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port

11  District; for general purposes.

12 (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port

13  District Act; Rock Island Regional Port District and

14  participating municipalities; for general Port District

15  purposes.

16 (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca

17  Regional Port District; for removal of airport hazards.

18 (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca

19  Regional Port District; for reduction of the height of

20  objects or structures.

21 (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca

22  Regional Port District; for general purposes.

23 (70 ILCS 1850/4); Shawneetown Regional Port District Act;

24  Shawneetown Regional Port District; for removal of airport

25  hazards or reduction of the height of objects or

26  structures.
    HB4365 Enrolled  - 42 - LRB104 17396 RTM 30821 b

1 (70 ILCS 1850/5); Shawneetown Regional Port District Act;

2   Shawneetown Regional Port District; for general purposes.

3 (70 ILCS 1860/4); Tri-City Regional Port District Act;

4   Tri-City Regional Port District; for removal of airport

5   hazards.

6 (70 ILCS 1860/5); Tri-City Regional Port District Act;

7   Tri-City Regional Port District; for the development of

8   facilities.

9 (70 ILCS 1863/11); Upper Mississippi River International Port

10  District Act; Upper Mississippi River International Port

11  District; for general purposes.

12 (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port

13  District; for removal of airport hazards.

14 (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port

15  District; for restricting the height of objects or

16  structures.

17 (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port

18  District; for the development of facilities.

19 (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad

20  Terminal Authority (Chicago); for general purposes.

21 (70 ILCS 2105/9b); River Conservancy Districts Act; river

22  conservancy districts; for general purposes.

23 (70 ILCS 2105/10a); River Conservancy Districts Act; river

24  conservancy districts; for corporate purposes.

25 (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary

26  districts; for corporate purposes.
    HB4365 Enrolled  - 43 - LRB104 17396 RTM 30821 b

1 (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary

2   districts; for improvements and works.

3 (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary

4   districts; for access to property.

5 (70 ILCS 2305/8); North Shore Water Reclamation District Act;

6   North Shore Water Reclamation District; for corporate

7   purposes.

8 (70 ILCS 2305/15); North Shore Water Reclamation District Act;

9   North Shore Water Reclamation District; for improvements.

10 (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary

11  District of Decatur; for carrying out agreements to sell,

12  convey, or disburse treated wastewater to a private

13  entity.

14 (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary

15  districts; for corporate purposes.

16 (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary

17  districts; for improvements.

18 (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of

19  1917; sanitary districts; for waterworks.

20 (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary

21  districts; for public sewer and water utility treatment

22  works.

23 (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary

24  districts; for dams or other structures to regulate water

25  flow.

26 (70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
    HB4365 Enrolled          - 44 - LRB104 17396 RTM 30821 b

1   Metropolitan Water Reclamation District; for corporate

2   purposes.

3 (70 ILCS 2605/16); Metropolitan Water Reclamation District

4   Act; Metropolitan Water Reclamation District; quick-take

5   power for improvements.

6 (70 ILCS 2605/17); Metropolitan Water Reclamation District

7   Act; Metropolitan Water Reclamation District; for bridges.

8 (70 ILCS 2605/35); Metropolitan Water Reclamation District

9   Act; Metropolitan Water Reclamation District; for widening

10  and deepening a navigable stream.

11 (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary

12  districts; for corporate purposes.

13 (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary

14  districts; for improvements.

15 (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of

16  1936; sanitary districts; for drainage systems.

17 (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary

18  districts; for dams or other structures to regulate water

19  flow.

20 (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary

21  districts; for water supply.

22 (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary

23  districts; for waterworks.

24 (70 ILCS 2905/2-7); Metro-East Flood Prevention District Act

25  Metro-East Sanitary District Act of 1974; Metro-East Flood

26  Prevention District Metro-East Sanitary District; for
    HB4365 Enrolled      - 45 - LRB104 17396 RTM 30821 b

1   corporate purposes.

2 (70 ILCS 2905/2-8); Metro-East Flood Prevention District Act

3   Metro-East Sanitary District Act of 1974; Metro-East Flood

4   Prevention District Metro-East Sanitary District; for

5   access to property.

6 (70 ILCS 3010/10); Sanitary District Revenue Bond Act;

7   sanitary districts; for sewerage systems.

8 (70 ILCS 3205/12); Illinois Sports Facilities Authority Act;

9   Illinois Sports Facilities Authority; quick-take power for

10  its corporate purposes (obsolete).

11 (70 ILCS 3405/16); Surface Water Protection District Act;

12  surface water protection districts; for corporate

13  purposes.

14 (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago

15  Transit Authority; for transportation systems.

16 (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago

17  Transit Authority; for general purposes.

18 (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago

19  Transit Authority; for general purposes, including

20  railroad property.

21 (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;

22  local mass transit districts; for general purposes.

23 (70 ILCS 3615/2.13); Regional Transportation Authority Act;

24  Regional Transportation Authority; for general purposes.

25 (70 ILCS 3705/8 and 3705/12); Public Water District Act;

26  public water districts; for waterworks.
    HB4365 Enrolled          - 46 - LRB104 17396 RTM 30821 b

1 (70 ILCS 3705/23a); Public Water District Act; public water

2   districts; for sewerage properties.

3 (70 ILCS 3705/23e); Public Water District Act; public water

4   districts; for combined waterworks and sewerage systems.

5 (70 ILCS 3715/6); Water Authorities Act; water authorities;

6   for facilities to ensure adequate water supply.

7 (70 ILCS 3715/27); Water Authorities Act; water authorities;

8   for access to property.

9 (75 ILCS 5/4-7); Illinois Local Library Act; boards of library

10  trustees; for library buildings.

11 (75 ILCS 16/30-55.80); Public Library District Act of 1991;

12  public library districts; for general purposes.

13 (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate

14  authorities of city or park district, or board of park

15  commissioners; for free public library buildings.

16 (Source: 104-435, eff. 11-21-25; 104-454, eff. 12-12-25;

17 revised 1-8-26.)

18  (Text of Section after amendment by P.A. 104-457)

19  Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70

20 through 75. The following provisions of law may include

21 express grants of the power to acquire property by

22 condemnation or eminent domain:

23 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport

24  authorities; for public airport facilities.
    HB4365 Enrolled          - 47 - LRB104 17396 RTM 30821 b

1 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport

2   authorities; for removal of airport hazards.

3 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport

4   authorities; for reduction of the height of objects or

5   structures.

6 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate

7   airport authorities; for general purposes.

8 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority

9   Act; Kankakee River Valley Area Airport Authority; for

10  acquisition of land for airports.

11 (70 ILCS 200/2-20); Civic Center Code; civic center

12  authorities; for grounds, centers, buildings, and parking.

13 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center

14  Authority; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan

16  Exposition, Auditorium and Office Building Authority; for

17  grounds, centers, buildings, and parking.

18 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center

19  Authority; for grounds, centers, buildings, and parking.

20 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic

21  Center Authority; for grounds, centers, buildings, and

22  parking.

23 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park

24  District Civic Center Authority; for grounds, centers,

25  buildings, and parking.

26 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
    HB4365 Enrolled  - 48 - LRB104 17396 RTM 30821 b

1   Center Authority; for grounds, centers, buildings, and

2   parking.

3 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic

4   Center Authority; for grounds, centers, buildings, and

5   parking.

6 (70 ILCS 200/60-30); Civic Center Code; Collinsville

7   Metropolitan Exposition, Auditorium and Office Building

8   Authority; for grounds, centers, buildings, and parking.

9 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic

10  Center Authority; for grounds, centers, buildings, and

11  parking.

12 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan

13  Exposition, Auditorium and Office Building Authority; for

14  grounds, centers, buildings, and parking.

15 (70 ILCS 200/80-15); Civic Center Code; DuPage County

16  Metropolitan Exposition, Auditorium and Office Building

17  Authority; for grounds, centers, buildings, and parking.

18 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan

19  Exposition, Auditorium and Office Building Authority; for

20  grounds, centers, buildings, and parking.

21 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan

22  Exposition, Auditorium and Office Building Authority; for

23  grounds, centers, buildings, and parking.

24 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic

25  Center Authority; for grounds, centers, buildings, and

26  parking.
    HB4365 Enrolled  - 49 - LRB104 17396 RTM 30821 b

1 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic

2   Center Authority; for grounds, centers, buildings, and

3   parking.

4 (70 ILCS 200/120-25); Civic Center Code; Jefferson County

5   Metropolitan Exposition, Auditorium and Office Building

6   Authority; for grounds, centers, buildings, and parking.

7 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County

8   Civic Center Authority; for grounds, centers, buildings,

9   and parking.

10 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham

11  Metropolitan Exposition, Auditorium and Office Building

12  Authority; for grounds, centers, buildings, and parking.

13 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center

14  Authority; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic

16  Center Authority; for grounds, centers, buildings, and

17  parking.

18 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan

19  Civic Center Authority; for grounds, centers, buildings,

20  and parking.

21 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center

22  Authority; for grounds, centers, buildings, and parking.

23 (70 ILCS 200/165-35); Civic Center Code; Melrose Park

24  Metropolitan Exposition Auditorium and Office Building

25  Authority; for grounds, centers, buildings, and parking.

26 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
    HB4365 Enrolled        - 50 - LRB104 17396 RTM 30821 b

1   Exposition, Auditorium and Office Building Authorities;

2   for general purposes.

3 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center

4   Authority; for grounds, centers, buildings, and parking.

5 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center

6   Authority; for grounds, centers, buildings, and parking.

7 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center

8   Authority; for grounds, centers, buildings, and parking.

9 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center

10  Authority; for grounds, centers, buildings, and parking.

11 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center

12  Authority; for grounds, centers, buildings, and parking.

13 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center

14  Authority; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City

16  Civic Center Authority; for grounds, centers, buildings,

17  and parking.

18 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan

19  Exposition, Auditorium and Office Building Authority; for

20  grounds, centers, buildings, and parking.

21 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic

22  Center Authority; for grounds, centers, buildings, and

23  parking.

24 (70 ILCS 200/230-35); Civic Center Code; River Forest

25  Metropolitan Exposition, Auditorium and Office Building

26  Authority; for grounds, centers, buildings, and parking.
    HB4365 Enrolled  - 51 - LRB104 17396 RTM 30821 b

1 (70 ILCS 200/235-40); Civic Center Code; Riverside Civic

2   Center Authority; for grounds, centers, buildings, and

3   parking.

4 (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center

5   Authority; for grounds, centers, buildings, and parking.

6 (70 ILCS 200/255-20); Civic Center Code; Springfield

7   Metropolitan Exposition and Auditorium Authority; for

8   grounds, centers, and parking.

9 (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan

10  Exposition, Auditorium and Office Building Authority; for

11  grounds, centers, buildings, and parking.

12 (70 ILCS 200/265-20); Civic Center Code; Vermilion County

13  Metropolitan Exposition, Auditorium and Office Building

14  Authority; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center

16  Authority; for grounds, centers, buildings, and parking.

17 (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic

18  Center Authority; for grounds, centers, buildings, and

19  parking.

20 (70 ILCS 200/280-20); Civic Center Code; Will County

21  Metropolitan Exposition and Auditorium Authority; for

22  grounds, centers, and parking.

23 (70 ILCS 210/5); Metropolitan Pier and Exposition Authority

24  Act; Metropolitan Pier and Exposition Authority; for

25  general purposes, including quick-take power.

26 (70 ILCS 405/22.04); Soil and Water Conservation Districts
    HB4365 Enrolled         - 52 - LRB104 17396 RTM 30821 b

1   Act; soil and water conservation districts; for general

2   purposes.

3 (70 ILCS 410/10 and 410/12); Conservation District Act;

4   conservation districts; for open space, wildland, scenic

5   roadway, pathway, outdoor recreation, or other

6   conservation benefits.

7 (70 ILCS 503/25); Chanute-Rantoul National Aviation Center

8   Redevelopment Commission Act; Chanute-Rantoul National

9   Aviation Center Redevelopment Commission; for general

10  purposes.

11 (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;

12  Fort Sheridan Redevelopment Commission; for general

13  purposes or to carry out comprehensive or redevelopment

14  plans.

15 (70 ILCS 520/8); Southwestern Illinois Development Authority

16  Act; Southwestern Illinois Development Authority; for

17  general purposes, including quick-take power.

18 (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;

19  drainage districts; for general purposes.

20 (70 ILCS 615/5 and 615/6); Chicago Drainage District Act;

21  corporate authorities; for construction and maintenance of

22  works.

23 (70 ILCS 705/10); Fire Protection District Act; fire

24  protection districts; for general purposes.

25 (70 ILCS 750/20); Flood Prevention District Act; flood

26  prevention districts; for general purposes.
    HB4365 Enrolled       - 53 - LRB104 17396 RTM 30821 b

1 (70 ILCS 805/6); Downstate Forest Preserve District Act;

2   certain forest preserve districts; for general purposes.

3 (70 ILCS 805/18.8); Downstate Forest Preserve District Act;

4   certain forest preserve districts; for recreational and

5   cultural facilities.

6 (70 ILCS 810/8); Cook County Forest Preserve District Act;

7   Forest Preserve District of Cook County; for general

8   purposes.

9 (70 ILCS 810/38); Cook County Forest Preserve District Act;

10  Forest Preserve District of Cook County; for recreational

11  facilities.

12 (70 ILCS 910/15 and 910/16); Hospital District Law; hospital

13  districts; for hospitals or hospital facilities.

14 (70 ILCS 915/3); Illinois Medical District Act; Illinois

15  Medical District Commission; for general purposes.

16 (70 ILCS 915/4.5); Illinois Medical District Act; Illinois

17  Medical District Commission; quick-take power for the

18  Illinois State Police Forensic Science Laboratory

19  (obsolete).

20 (70 ILCS 920/5); Tuberculosis Sanitarium District Act;

21  tuberculosis sanitarium districts; for tuberculosis

22  sanitariums.

23 (70 ILCS 925/20); Mid-Illinois Medical District Act;

24  Mid-Illinois Medical District; for general purposes.

25 (70 ILCS 930/20); Mid-America Medical District Act;

26  Mid-America Medical District Commission; for general
    HB4365 Enrolled         - 54 - LRB104 17396 RTM 30821 b

1   purposes.

2 (70 ILCS 935/20); Roseland Community Medical District Act;

3   medical district; for general purposes.

4 (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito

5   abatement districts; for general purposes.

6 (70 ILCS 1105/8); Museum District Act; museum districts; for

7   general purposes.

8 (70 ILCS 1205/7-1); Park District Code; park districts; for

9   streets and other purposes.

10 (70 ILCS 1205/8-1); Park District Code; park districts; for

11  parks.

12 (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park

13  districts; for airports and landing fields.

14 (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park

15  districts; for State land abutting public water and

16  certain access rights.

17 (70 ILCS 1205/11.1-3); Park District Code; park districts; for

18  harbors.

19 (70 ILCS 1225/2); Park Commissioners Land Condemnation Act;

20  park districts; for street widening.

21 (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water

22  Control Act; park districts; for parks, boulevards,

23  driveways, parkways, viaducts, bridges, or tunnels.

24 (70 ILCS 1250/2); Park Commissioners Street Control (1889)

25  Act; park districts; for boulevards or driveways.

26 (70 ILCS 1290/1); Park District Aquarium and Museum Act;
    HB4365 Enrolled         - 55 - LRB104 17396 RTM 30821 b

1   municipalities or park districts; for aquariums or

2   museums.

3 (70 ILCS 1305/2); Park District Airport Zoning Act; park

4   districts; for restriction of the height of structures.

5 (70 ILCS 1310/5); Park District Elevated Highway Act; park

6   districts; for elevated highways.

7 (70 ILCS 1505/15); Chicago Park District Act; Chicago Park

8   District; for parks and other purposes.

9 (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park

10  District; for parking lots or garages.

11 (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park

12  District; for harbors.

13 (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation

14  Act; Lincoln Park Commissioners; for land and interests in

15  land, including riparian rights.

16 (70 ILCS 1801/30); Alexander-Cairo Port District Act;

17  Alexander-Cairo Port District; for general purposes.

18 (70 ILCS 1805/8); Havana Regional Port District Act; Havana

19  Regional Port District; for general purposes.

20 (70 ILCS 1810/7); Illinois International Port District Act;

21  Illinois International Port District; for general

22  purposes.

23 (70 ILCS 1815/13); Illinois Valley Regional Port District Act;

24  Illinois Valley Regional Port District; for general

25  purposes.

26 (70 ILCS 1820/4); Jackson-Union Counties Regional Port
    HB4365 Enrolled         - 56 - LRB104 17396 RTM 30821 b

1   District Act; Jackson-Union Counties Regional Port

2   District; for removal of airport hazards or reduction of

3   the height of objects or structures.

4 (70 ILCS 1820/5); Jackson-Union Counties Regional Port

5   District Act; Jackson-Union Counties Regional Port

6   District; for general purposes.

7 (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet

8   Regional Port District; for removal of airport hazards.

9 (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet

10  Regional Port District; for reduction of the height of

11  objects or structures.

12 (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet

13  Regional Port District; for removal of hazards from ports

14  and terminals.

15 (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet

16  Regional Port District; for general purposes.

17 (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;

18  Kaskaskia Regional Port District; for removal of hazards

19  from ports and terminals.

20 (70 ILCS 1830/14); Kaskaskia Regional Port District Act;

21  Kaskaskia Regional Port District; for general purposes.

22 (70 ILCS 1831/30); Massac-Metropolis Port District Act;

23  Massac-Metropolis Port District; for general purposes.

24 (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;

25  Mt. Carmel Regional Port District; for removal of airport

26  hazards.
    HB4365 Enrolled         - 57 - LRB104 17396 RTM 30821 b

1 (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port

2   District; for general purposes.

3 (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port

4   District Act; Rock Island Regional Port District and

5   participating municipalities; for general Port District

6   purposes.

7 (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca

8   Regional Port District; for removal of airport hazards.

9 (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca

10  Regional Port District; for reduction of the height of

11  objects or structures.

12 (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca

13  Regional Port District; for general purposes.

14 (70 ILCS 1850/4); Shawneetown Regional Port District Act;

15  Shawneetown Regional Port District; for removal of airport

16  hazards or reduction of the height of objects or

17  structures.

18 (70 ILCS 1850/5); Shawneetown Regional Port District Act;

19  Shawneetown Regional Port District; for general purposes.

20 (70 ILCS 1860/4); Tri-City Regional Port District Act;

21  Tri-City Regional Port District; for removal of airport

22  hazards.

23 (70 ILCS 1860/5); Tri-City Regional Port District Act;

24  Tri-City Regional Port District; for the development of

25  facilities.

26 (70 ILCS 1863/11); Upper Mississippi River International Port
    HB4365 Enrolled  - 58 - LRB104 17396 RTM 30821 b

1   District Act; Upper Mississippi River International Port

2   District; for general purposes.

3 (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port

4   District; for removal of airport hazards.

5 (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port

6   District; for restricting the height of objects or

7   structures.

8 (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port

9   District; for the development of facilities.

10 (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad

11  Terminal Authority (Chicago); for general purposes.

12 (70 ILCS 2105/9b); River Conservancy Districts Act; river

13  conservancy districts; for general purposes.

14 (70 ILCS 2105/10a); River Conservancy Districts Act; river

15  conservancy districts; for corporate purposes.

16 (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary

17  districts; for corporate purposes.

18 (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary

19  districts; for improvements and works.

20 (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary

21  districts; for access to property.

22 (70 ILCS 2305/8); North Shore Water Reclamation District Act;

23  North Shore Water Reclamation District; for corporate

24  purposes.

25 (70 ILCS 2305/15); North Shore Water Reclamation District Act;

26  North Shore Water Reclamation District; for improvements.
    HB4365 Enrolled          - 59 - LRB104 17396 RTM 30821 b

1 (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary

2   District of Decatur; for carrying out agreements to sell,

3   convey, or disburse treated wastewater to a private

4   entity.

5 (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary

6   districts; for corporate purposes.

7 (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary

8   districts; for improvements.

9 (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of

10  1917; sanitary districts; for waterworks.

11 (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary

12  districts; for public sewer and water utility treatment

13  works.

14 (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary

15  districts; for dams or other structures to regulate water

16  flow.

17 (70 ILCS 2605/8); Metropolitan Water Reclamation District Act;

18  Metropolitan Water Reclamation District; for corporate

19  purposes.

20 (70 ILCS 2605/16); Metropolitan Water Reclamation District

21  Act; Metropolitan Water Reclamation District; quick-take

22  power for improvements.

23 (70 ILCS 2605/17); Metropolitan Water Reclamation District

24  Act; Metropolitan Water Reclamation District; for bridges.

25 (70 ILCS 2605/35); Metropolitan Water Reclamation District

26  Act; Metropolitan Water Reclamation District; for widening
    HB4365 Enrolled      - 60 - LRB104 17396 RTM 30821 b

1   and deepening a navigable stream.

2 (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary

3   districts; for corporate purposes.

4 (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary

5   districts; for improvements.

6 (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of

7   1936; sanitary districts; for drainage systems.

8 (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary

9   districts; for dams or other structures to regulate water

10  flow.

11 (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary

12  districts; for water supply.

13 (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary

14  districts; for waterworks.

15 (70 ILCS 2905/2-7); Metro-East Flood Prevention District Act

16  Metro-East Sanitary District Act of 1974; Metro-East Flood

17  Prevention District Metro-East Sanitary District; for

18  corporate purposes.

19 (70 ILCS 2905/2-8); Metro-East Flood Prevention District Act

20  Metro-East Sanitary District Act of 1974; Metro-East Flood

21  Prevention District Metro-East Sanitary District; for

22  access to property.

23 (70 ILCS 3010/10); Sanitary District Revenue Bond Act;

24  sanitary districts; for sewerage systems.

25 (70 ILCS 3205/12); Illinois Sports Facilities Authority Act;

26  Illinois Sports Facilities Authority; quick-take power for
    HB4365 Enrolled          - 61 - LRB104 17396 RTM 30821 b

1   its corporate purposes (obsolete).

2 (70 ILCS 3405/16); Surface Water Protection District Act;

3   surface water protection districts; for corporate

4   purposes.

5 (70 ILCS 3605/7); Chicago Transit Authority Act; Chicago

6   Transit Authority; for transportation systems.

7 (70 ILCS 3605/8); Chicago Transit Authority Act; Chicago

8   Transit Authority; for general purposes.

9 (70 ILCS 3605/10); Chicago Transit Authority Act; Chicago

10  Transit Authority; for general purposes, including

11  railroad property.

12 (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;

13  local mass transit districts; for general purposes.

14 (70 ILCS 3615/2.13); Northern Illinois Transit Authority Act;

15  Northern Illinois Transit Authority; for general purposes.

16 (70 ILCS 3705/8 and 3705/12); Public Water District Act;

17  public water districts; for waterworks.

18 (70 ILCS 3705/23a); Public Water District Act; public water

19  districts; for sewerage properties.

20 (70 ILCS 3705/23e); Public Water District Act; public water

21  districts; for combined waterworks and sewerage systems.

22 (70 ILCS 3715/6); Water Authorities Act; water authorities;

23  for facilities to ensure adequate water supply.

24 (70 ILCS 3715/27); Water Authorities Act; water authorities;

25  for access to property.

26 (75 ILCS 5/4-7); Illinois Local Library Act; boards of library
    HB4365 Enrolled   - 62 - LRB104 17396 RTM 30821 b

1   trustees; for library buildings.

2 (75 ILCS 16/30-55.80); Public Library District Act of 1991;

3   public library districts; for general purposes.

4 (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate

5   authorities of city or park district, or board of park

6   commissioners; for free public library buildings.

7 (Source: 104-435, eff. 11-21-25; 104-454, eff. 12-12-25;

8 104-457, Article 5, Section 5-925, eff. 6-1-26; 104-457,

9 Article 10, Section 10-75, eff. 6-1-26; 104-457, Article 15,

10 Section 15-210, eff. 6-1-26; revised 1-8-26.)

11  Section 50. The Local Governmental and Governmental

12 Employees Tort Immunity Act is amended by changing Section

13 9-107 as follows:

14  (745 ILCS 10/9-107) (from Ch. 85, par. 9-107)

15  Sec. 9-107. Policy; tax levy.

16  (a) The General Assembly finds that the purpose of this

17 Section is to provide an extraordinary tax for funding

18 expenses relating to (i) tort liability, (ii) liability

19 relating to actions brought under the federal Comprehensive

20 Environmental Response, Compensation, and Liability Act of

21 1980 or the Environmental Protection Act, but only until

22 December 31, 2010, (iii) insurance, and (iv) risk management

23 programs. Thus, the tax has been excluded from various

24 limitations otherwise applicable to tax levies.
    HB4365 Enrolled         - 63 - LRB104 17396 RTM 30821 b

1 Notwithstanding the extraordinary nature of the tax authorized

2 by this Section, however, it has become apparent that some

3 units of local government are using the tax revenue to fund

4 expenses more properly paid from general operating funds.

5 These uses of the revenue are inconsistent with the limited

6 purpose of the tax authorization.

7   Therefore, the General Assembly declares, as a matter of

8 policy, that (i) the use of the tax revenue authorized by this

9 Section for purposes not expressly authorized under this Act

10 is improper and (ii) the provisions of this Section shall be

11 strictly construed consistent with this declaration and the

12 Act's express purposes.

13  (b) A local public entity may annually levy or have levied

14 on its behalf taxes upon all taxable property within its

15 territory at a rate that will produce a sum that will be

16 sufficient to: (i) pay the cost of insurance, individual or

17 joint self-insurance (including reserves thereon), including

18 all operating and administrative costs and expenses directly

19 associated therewith, claims services and risk management

20 directly attributable to loss prevention and loss reduction,

21 legal services directly attributable to the insurance,

22 self-insurance, or joint self-insurance program, and

23 educational, inspectional, and supervisory services directly

24 relating to loss prevention and loss reduction, participation

25 in a reciprocal insurer as provided in Sections 72, 76, and 81

26 of the Illinois Insurance Code, or participation in a
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 1 reciprocal insurer, all as provided in settlements or
 2 judgments under Section 9-102, including all costs and
 3 reserves directly attributable to being a member of an
 4 insurance pool, under Section 9-103; (ii) pay the costs of and
 5 principal and interest on bonds issued under Section 9-105;
 6 (iii) pay judgments and settlements under Section 9-104 of
 7 this Act; (iv) discharge obligations under Section 34-18.1 of
 8 the School Code or make transfers under Section 17-2A of the
 9 School Code; (v) pay judgments and settlements under the
10 federal Comprehensive Environmental Response, Compensation,
11 and Liability Act of 1980 and the Environmental Protection
12 Act, but only until December 31, 2010; (vi) pay the costs
13 authorized by the Metro-East Flood Prevention District Act
14 Metro-East Sanitary District Act of 1974 as provided in
15 subsection (a) of Section 5-1 of that Act; and (vii) pay the
16 cost of risk management programs. Provided it complies with
17 any other applicable statutory requirements, the local public
18 entity may self-insure and establish reserves for expected
19 losses for any property damage or for any liability or loss for
20 which the local public entity is authorized to levy or have
21 levied on its behalf taxes for the purchase of insurance or the
22 payment of judgments or settlements under this Section. The
23 decision of the board to establish a reserve shall be based on
24 reasonable actuarial or insurance underwriting evidence and
25 subject to the limits and reporting provisions in Section
26 9-103.
    HB4365 Enrolled  - 65 - LRB104 17396 RTM 30821 b

1   If a school district was a member of a

2 joint-self-health-insurance cooperative that had more

3 liability in outstanding claims than revenue to pay those

4 claims, the school board of that district may by resolution

5 make a one-time transfer from any fund in which tort immunity

6 moneys are maintained to the fund or funds from which payments

7 to a joint-self-health-insurance cooperative can be or have

8 been made of an amount not to exceed the amount of the

9 liability claim that the school district owes to the

10 joint-self-health-insurance cooperative or that the school

11 district paid within the 2 years immediately preceding the

12 effective date of this amendatory Act of the 92nd General

13 Assembly.

14  Funds raised pursuant to this Section shall, unless

15 lawfully transferred as provided in Section 17-2A of the

16 School Code, only be used for the purposes specified in this

17 Act, including protection against and reduction of any

18 liability or loss described hereinabove and under Federal or

19 State common or statutory law, the Workers' Compensation Act,

20 the Workers' Occupational Diseases Act and the Unemployment

21 Insurance Act. Funds raised pursuant to this Section may be

22 invested in any manner in which other funds of local public

23 entities may be invested under Section 2 of the Public Funds

24 Investment Act. Interest on such funds shall be used only for

25 purposes for which the funds can be used or, if surplus, must

26 be used for abatement of property taxes levied by the local
   HB4365 Enrolled  - 66 - LRB104 17396 RTM 30821 b

1 taxing entity.

2  A local public entity may enter into intergovernmental

3 contracts with a term of not to exceed 12 years for the

4 provision of joint self-insurance which contracts may include

5 an obligation to pay a proportional share of a general

6 obligation or revenue bond or other debt instrument issued by

7 a local public entity which is a party to the

8 intergovernmental contract and is authorized by the terms of

9 the contract to issue the bond or other debt instrument. Funds

10 due under such contracts shall not be considered debt under

11 any constitutional or statutory limitation and the local

12 public entity may levy or have levied on its behalf taxes to

13 pay for its proportional share under the contract. Funds

14 raised pursuant to intergovernmental contracts for the

15 provision of joint self-insurance may only be used for the

16 payment of any cost, liability or loss against which a local

17 public entity may protect itself or self-insure pursuant to

18 Section 9-103 or for the payment of which such entity may levy

19 a tax pursuant to this Section, including tort judgments or

20 settlements, costs associated with the issuance, retirement or

21 refinancing of the bonds or other debt instruments, the

22 repayment of the principal or interest of the bonds or other

23 debt instruments, the costs of the administration of the joint

24 self-insurance fund, consultant, and risk care management

25 programs or the costs of insurance. Any surplus returned to

26 the local public entity under the terms of the
    HB4365 Enrolled  - 67 - LRB104 17396 RTM 30821 b

1 intergovernmental contract shall be used only for purposes set

2 forth in subsection (a) of Section 9-103 and Section 9-107 or

3 for abatement of property taxes levied by the local taxing

4 entity.

5   Any tax levied under this Section shall be levied and

6 collected in like manner with the general taxes of the entity

7 and shall be exclusive of and in addition to the amount of tax

8 that entity is now or may hereafter be authorized to levy for

9 general purposes under any statute which may limit the amount

10 of tax which that entity may levy for general purposes. The

11 county clerk of the county in which any part of the territory

12 of the local taxing entity is located, in reducing tax levies

13 under the provisions of any Act concerning the levy and

14 extension of taxes, shall not consider any tax provided for by

15 this Section as a part of the general tax levy for the purposes

16 of the entity nor include such tax within any limitation of the

17 percent of the assessed valuation upon which taxes are

18 required to be extended for such entity.

19  With respect to taxes levied under this Section, either

20 before, on, or after the effective date of this amendatory Act

21 of 1994:

22           (1) Those taxes are excepted from and shall not be

23  included within the rate limitation imposed by law on

24  taxes levied for general corporate purposes by the local

25  public entity authorized to levy a tax under this Section.

26           (2) Those taxes that a local public entity has levied
    HB4365 Enrolled  - 68 - LRB104 17396 RTM 30821 b

1   in reliance on this Section and that are excepted under

2   paragraph (1) from the rate limitation imposed by law on

3   taxes levied for general corporate purposes by the local

4   public entity are not invalid because of any provision of

5   the law authorizing the local public entity's tax levy for

6   general corporate purposes that may be construed or may

7   have been construed to restrict or limit those taxes

8   levied, and those taxes are hereby validated. This

9   validation of taxes levied applies to all cases pending on

10  or after the effective date of this amendatory Act of

11  1994.

12  (3) Paragraphs (1) and (2) do not apply to a hospital

13  organized under Article 170 or 175 of the Township Code,

14  under the Town Hospital Act, or under the Township

15  Non-Sectarian Hospital Act and do not give any authority

16  to levy taxes on behalf of such a hospital in excess of the

17  rate limitation imposed by law on taxes levied for general

18  corporate purposes. A hospital organized under Article 170

19  or 175 of the Township Code, under the Town Hospital Act,

20  or under the Township Non-Sectarian Hospital Act is not

21  prohibited from levying taxes in support of tort liability

22  bonds if the taxes do not cause the hospital's aggregate

23  tax rate from exceeding the rate limitation imposed by law

24  on taxes levied for general corporate purposes.

25  Revenues derived from such tax shall be paid to the

26 treasurer of the local taxing entity as collected and used for
   HB4365 Enrolled  - 69 - LRB104 17396 RTM 30821 b

1 the purposes of this Section and of Section 9-102, 9-103,
2 9-104 or 9-105, as the case may be. If payments on account of
3 such taxes are insufficient during any year to meet such
4 purposes, the entity may issue tax anticipation warrants
5 against the current tax levy in the manner provided by
6 statute.
7 (Source: P.A. 99-922, eff. 1-17-17.)

8  Section 95. No acceleration or delay. Where this Act makes

9 changes in a statute that is represented in this Act by text

10 that is not yet or no longer in effect (for example, a Section

11 represented by multiple versions), the use of that text does

12 not accelerate or delay the taking effect of (i) the changes

13 made by this Act or (ii) provisions derived from any other

14 Public Act.
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