101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2583

 

Introduced , by Rep. Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2105/3  from Ch. 42, par. 385

    Amends the River Conservancy Districts Act. Provides that a petition to expand a conservancy district may include a new name of the expanded district. Creates referendum language when territory to be added to a conservation district encompasses an entire county or counties. Effective immediately.


LRB101 08780 AWJ 53867 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2583LRB101 08780 AWJ 53867 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The River Conservancy Districts Act is amended
5by changing Section 3 as follows:
 
6    (70 ILCS 2105/3)  (from Ch. 42, par. 385)
7    Sec. 3. Additional territory may be added to any
8conservancy district as provided for in this Act in the manner
9following:
10    (1) One per cent or more of the legal voters resident
11within the limits of such proposed addition to such conservancy
12district, in each county in which the proposed addition is
13situated, may petition the circuit court for the county in
14which the original petition for the formation of said
15conservancy district was filed, to cause the question to be
16submitted to the legal voters of such proposed additional
17territory whether such proposed additional territory shall
18become a part of any conservancy district organized under this
19Act and whether such additional territory shall assume a
20proportionate share of the bonded indebtedness, if any, of such
21conservancy district. Such petition shall be addressed to the
22court of the county in which the original petition for
23organization was filed, and shall contain a generally accurate

 

 

HB2583- 2 -LRB101 08780 AWJ 53867 b

1description of the boundaries of the territory to be embraced
2in the proposed addition, and, if desired, a new name of the
3expanded district.
4    Upon filing such petition in the office of the circuit
5clerk of the county in which the original petition for the
6formation of such conservancy district was filed it shall be
7the duty of the court to consider, fix and determine the
8boundaries of any such proposed additional territory, whether
9the same shall be those stated in the petition or otherwise and
10a decision of the court shall be reviewable as in other civil
11cases.
12    A date shall be fixed and notice shall be given by the
13court of the county in which such petition is filed of the time
14and place where such hearing shall be held in the manner
15described in Section 1 of this Act. The conduct of the meeting,
16and the power of the court to fix and alter the boundaries of
17the proposed addition shall be carried out in the manner
18described in Section 1 of this Act, as nearly as may be. The
19court shall certify the question to the proper election
20officials who shall submit the question at an election in
21accordance with the general election law. The question shall be
22in substantially the following form:
23-------------------------------------------------------------
24    For  joining the Conservancy
25District and assuming a
26proportionate share of bonded

 

 

HB2583- 3 -LRB101 08780 AWJ 53867 b

1indebtedness.
2-------------------------------------------------------------
3    Against joining Conservancy
4District and assuming a
5proportionate share of bonded
6indebtedness.
7-------------------------------------------------------------
8    If a majority of the votes cast upon the question of
9becoming a part of any conservancy district shall be in favor
10of becoming a part of such conservancy district and if the
11board of trustees of said conservancy district accept the
12proposed additional territory by ordinance annexing the same,
13the court shall enter an appropriate order of record in the
14court and such additional territory shall thenceforth be deemed
15an integral part of such conservancy district and shall be
16subject to all the benefits, responsibilities and obligations
17of said conservancy district as herein set forth.
18    Any such additional territory may also be annexed to such
19conservancy district upon petition addressed to the court for
20the county in which the original petition for organization of
21the district was filed, signed by a majority of the owners of
22lands constituting such territory sought to be annexed, who
23shall have arrived at lawful age and who represent a majority
24in area of such territory, which said petition shall contain a
25generally accurate description of the boundaries of such
26territory sought to be annexed, and shall set forth the

 

 

HB2583- 4 -LRB101 08780 AWJ 53867 b

1willingness of the petitioners of such territory to assume a
2proportionate share of the bonded indebtedness, if any, of such
3conservancy district.
4    Upon the filing of such petition and notice of and hearing
5the decision upon the same by the court, all as herein before
6provided in Section 1 of this Act with reference to notice,
7hearing and decision upon the petition for the original
8organization of such district, such court shall enter an order
9containing its findings and decision as to the boundaries of
10the territory to be annexed; and thereupon if the board of
11trustees of such conservancy district shall pass an ordinance
12annexing the territory described in such order to said
13conservancy district, the court shall enter an appropriate
14order finding that the territory is so annexed and such
15additional territory shall thenceforth be deemed an integral
16part of such conservancy district and shall be subject to all
17the benefits, responsibilities and obligations of said
18conservancy district as herein set forth.
19    (2) If the territory to be added to a conservancy district
20under item (1) encompasses an entire county or counties, the
21question submitted to the voters of the District and the
22territories to be added shall be in substantially the following
23form:
24-------------------------------------------------------------
25    Shall the ..... Conservancy District be expanded to include
26    ..... (County/counties); (if applicable: shall the

 

 

HB2583- 5 -LRB101 08780 AWJ 53867 b

1    District name change to the ..... Conservancy District);
2    shall the new District have the authority to levy an annual
3    tax at a maximum rate of .....% of the value of all taxable
4    property within the limits of the District as equalized or
5    assessed by the Department of Revenue; and shall the new
6    territory assume a proportionate share of bonded
7    indebtedness?
8-------------------------------------------------------------
9    If a majority of the votes cast at the election upon the
10question are in favor of the proposed expansion of the
11district, the district is then reorganized under this Act and
12its board shall be reconstituted under Section 4a.
13(Source: P.A. 86-1307.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.