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HB5166 Enrolled LRB104 19304 RTM 32750 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 Illinois Drainage Code is amended by adding
5 Section 10-3.5 as follows:
6 (70 ILCS 605/10-3.5 new)
7 Sec. 10-3.5. Dissolution of drainage districts in a county
8 having more than 650,000 but fewer than 1,000,000 inhabitants.
9 (a) As used in this Section:
10 "Date of dissolution" means the date that a dissolving
11 drainage district is dissolved.
12 "Dissolving drainage district" means the drainage district
13 proposed to be dissolved under this Section.
14 "Governing body" includes, but is not limited to, the
15 board of a drainage district, the corporate authorities of a
16 municipality, the township board of a township, and the county
17 board of a county.
18 "Receiving unit of local government" means the unit of
19 local government receiving the rights, duties, and liabilities
20 of the drainage district proposed to be dissolved under this
21 Section.
22 (b) In addition to other methods of dissolution provided
23 in this Code, a drainage district organized under this Code in
HB5166 Enrolled -2- LRB104 19304 RTM 32750 b
1 a county having more than 650,000 but fewer than 1,000,000
2 inhabitants shall be dissolved upon the affirmative vote of:
3 (1) a majority of the governing body of the dissolving
4 drainage district to dissolve the drainage district on a
5 specified date of dissolution and transfer the drainage
6 district's rights, duties, and liabilities to a receiving
7 unit of local government on or before a specified date of
8 dissolution; and
9 (2) a majority of the governing body of the receiving
10 unit of local government to receive the rights, duties,
11 and liabilities of the dissolving drainage district on or
12 before a specified date of dissolution.
13 (c) On or before the date of dissolution, all real and
14 personal property, and any other assets, together with all
15 personnel, contractual obligations, and liabilities of the
16 dissolving drainage district shall be transferred to the
17 receiving unit of local government.
18 (d) On the date of dissolution, the dissolving drainage
19 district is dissolved.
20 (e) On and after the date of dissolution, all rights and
21 duties of the dissolving drainage district may be exercised by
22 the receiving unit of local government.
23 (f) Before the date of dissolution, the receiving unit of
24 local government shall submit a service continuation plan
25 confirming that the receiving unit of local government has the
26 resources to continue providing the services provided by the
HB5166 Enrolled -3- LRB104 19304 RTM 32750 b
1 dissolving drainage district.
2 (g) In addition to the requirements of any other law
3 providing for the discontinuation or change to a tax imposed
4 within a special district, within 30 days of the date of
5 dissolution of the dissolving drainage district, the
6 dissolving drainage district must provide to the Department of
7 Revenue and the county or counties in which property is
8 located and in which taxes are levied or extended by or for the
9 dissolving drainage district a certified copy of the ordinance
10 or resolution adopted by the governing body of the dissolving
11 drainage district that dissolved the dissolving drainage
12 district and transferred the dissolving drainage district's
13 rights, duties, and liabilities to a receiving unit of local
14 government.
15 (h) In addition to the requirements of any other law
16 providing for the discontinuation or change to a tax imposed
17 within a special district, within 30 days of the date that a
18 receiving unit of local government will receive the rights,
19 duties, and liabilities of a dissolving drainage district, the
20 receiving unit of local government must provide to the
21 Department of Revenue and the county or counties in which
22 property is located and in which taxes are levied or extended
23 by or for the dissolving drainage district a certified copy of
24 the ordinance or resolution adopted by the governing body of
25 the receiving unit of local government that approved of the
26 receipt, acceptance, and assumption of the rights, duties, and
HB5166 Enrolled -4- LRB104 19304 RTM 32750 b
1 liabilities of the dissolving drainage district.
2 Section 10. The Sanitary District Act of 1936 is amended
3 by adding Section 33.2 as follows:
4 (70 ILCS 2805/33.2 new)
5 Sec. 33.2. Dissolution of sanitary districts in a county
6 having more than 650,000 but fewer than 1,000,000 inhabitants.
7 (a) As used in this Section:
8 "Date of dissolution" means the date that a dissolving
9 sanitary district is dissolved.
10 "Dissolving sanitary district" means the sanitary district
11 proposed to be dissolved under this Section.
12 "Governing body" includes, but is not limited to, the
13 board of a sanitary district, the corporate authorities of a
14 municipality, the township board of a township, and the county
15 board of a county.
16 "Receiving unit of local government" means the unit of
17 local government receiving the rights, duties, and liabilities
18 of the sanitary district proposed to be dissolved under this
19 Section.
20 (b) In addition to other methods of dissolution provided
21 in this Act, a sanitary district organized under this Act in a
22 county having more than 650,000 but fewer than 1,000,000
23 inhabitants shall be dissolved upon the affirmative vote of:
24 (1) a majority of the governing body of the dissolving
HB5166 Enrolled -5- LRB104 19304 RTM 32750 b
1 sanitary district to dissolve the sanitary district on a
2 specified date of dissolution and transfer the sanitary
3 district's rights, duties, and liabilities to a receiving
4 unit of local government on or before a specified date of
5 dissolution; and
6 (2) a majority of the governing body of the receiving
7 unit of local government to receive the rights, duties,
8 and liabilities of the dissolving sanitary district on or
9 before a specified date of dissolution.
10 (c) On or before the date of dissolution, all real and
11 personal property, and any other assets, together with all
12 personnel, contractual obligations, and liabilities of the
13 dissolving sanitary district shall be transferred to the
14 receiving unit of local government.
15 (d) On the date of dissolution, the dissolving sanitary
16 district is dissolved.
17 (e) On and after the date of dissolution, all rights and
18 duties of the dissolving sanitary district may be exercised by
19 the receiving unit of local government.
20 (f) Before the date of dissolution, the receiving unit of
21 local government shall submit a service continuation plan
22 confirming that the receiving unit of local government has the
23 resources to continue providing the services provided by the
24 dissolving sanitary district.
25 (g) In addition to the requirements of any other law
26 providing for the discontinuation or change to a tax imposed
HB5166 Enrolled -6- LRB104 19304 RTM 32750 b
1 within a special district, within 30 days of the date of
2 dissolution of the dissolving sanitary district, the
3 dissolving sanitary district must provide to the Department of
4 Revenue and the county or counties in which property is
5 located and in which taxes are levied or extended by or for the
6 dissolving sanitary district a certified copy of the ordinance
7 or resolution adopted by the governing body of the dissolving
8 sanitary district that dissolved the dissolving sanitary
9 district and transferred the dissolving sanitary district's
10 rights, duties, and liabilities to a receiving unit of local
11 government.
12 (h) In addition to the requirements of any other law
13 providing for the discontinuation or change to a tax imposed
14 within a special district, within 30 days of the date that a
15 receiving unit of local government will receive the rights,
16 duties, and liabilities of a dissolving sanitary district, the
17 receiving unit of local government must provide to the
18 Department of Revenue and the county or counties in which
19 property is located and in which taxes are levied or extended
20 by or for the dissolving sanitary district a certified copy of
21 the ordinance or resolution adopted by the governing body of
22 the receiving unit of local government that approved of the
23 receipt, acceptance, and assumption of the rights, duties, and
24 liabilities of the dissolving sanitary district.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.Every fact on this page links to its source, starting with the official bill record.