Public Act 0513 104TH GENERAL ASSEMBLY

HB5166 Enrolled LRB104 19304 RTM 32750 b

Public Act 104-0513

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Drainage Code is amended by adding Section 10-3.5 as follows:

(70 ILCS 605/10-3.5 new)

Sec. 10-3.5. Dissolution of drainage districts in a county having more than 650,000 but fewer than 1,000,000 inhabitants.

(a) As used in this Section:

"Date of dissolution" means the date that a dissolving drainage district is dissolved.

"Dissolving drainage district" means the drainage district proposed to be dissolved under this Section.

"Governing body" includes, but is not limited to, the board of a drainage district, the corporate authorities of a municipality, the township board of a township, and the county board of a county.

"Receiving unit of local government" means the unit of local government receiving the rights, duties, and liabilities of the drainage district proposed to be dissolved under this Section.

(b) In addition to other methods of dissolution provided in this Code, a drainage district organized under this Code in a county having more than 650,000 but fewer than 1,000,000 inhabitants shall be dissolved upon the affirmative vote of:

(1) a majority of the governing body of the dissolving drainage district to dissolve the drainage district on a specified date of dissolution and transfer the drainage district's rights, duties, and liabilities to a receiving unit of local government on or before a specified date of dissolution; and

(2) a majority of the governing body of the receiving unit of local government to receive the rights, duties, and liabilities of the dissolving drainage district on or before a specified date of dissolution.

(c) On or before the date of dissolution, all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of the dissolving drainage district shall be transferred to the receiving unit of local government.

(d) On the date of dissolution, the dissolving drainage district is dissolved.

(e) On and after the date of dissolution, all rights and duties of the dissolving drainage district may be exercised by the receiving unit of local government.

(f) Before the date of dissolution, the receiving unit of local government shall submit a service continuation plan confirming that the receiving unit of local government has the resources to continue providing the services provided by the dissolving drainage district.

(g) In addition to the requirements of any other law providing for the discontinuation or change to a tax imposed within a special district, within 30 days of the date of dissolution of the dissolving drainage district, the dissolving drainage district must provide to the Department of Revenue and the county or counties in which property is located and in which taxes are levied or extended by or for the dissolving drainage district a certified copy of the ordinance or resolution adopted by the governing body of the dissolving drainage district that dissolved the dissolving drainage district and transferred the dissolving drainage district's rights, duties, and liabilities to a receiving unit of local government.

(h) In addition to the requirements of any other law providing for the discontinuation or change to a tax imposed within a special district, within 30 days of the date that a receiving unit of local government will receive the rights, duties, and liabilities of a dissolving drainage district, the receiving unit of local government must provide to the Department of Revenue and the county or counties in which property is located and in which taxes are levied or extended by or for the dissolving drainage district a certified copy of the ordinance or resolution adopted by the governing body of the receiving unit of local government that approved of the receipt, acceptance, and assumption of the rights, duties, and liabilities of the dissolving drainage district.

Section 10. The Sanitary District Act of 1936 is amended by adding Section 33.2 as follows:

(70 ILCS 2805/33.2 new)

Sec. 33.2. Dissolution of sanitary districts in a county having more than 650,000 but fewer than 1,000,000 inhabitants.

(a) As used in this Section:

"Date of dissolution" means the date that a dissolving sanitary district is dissolved.

"Dissolving sanitary district" means the sanitary district proposed to be dissolved under this Section.

"Governing body" includes, but is not limited to, the board of a sanitary district, the corporate authorities of a municipality, the township board of a township, and the county board of a county.

"Receiving unit of local government" means the unit of local government receiving the rights, duties, and liabilities of the sanitary district proposed to be dissolved under this Section.

(b) In addition to other methods of dissolution provided in this Act, a sanitary district organized under this Act in a county having more than 650,000 but fewer than 1,000,000 inhabitants shall be dissolved upon the affirmative vote of:

(1) a majority of the governing body of the dissolving sanitary district to dissolve the sanitary district on a specified date of dissolution and transfer the sanitary district's rights, duties, and liabilities to a receiving unit of local government on or before a specified date of dissolution; and

(2) a majority of the governing body of the receiving unit of local government to receive the rights, duties, and liabilities of the dissolving sanitary district on or before a specified date of dissolution.

(c) On or before the date of dissolution, all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of the dissolving sanitary district shall be transferred to the receiving unit of local government.

(d) On the date of dissolution, the dissolving sanitary district is dissolved.

(e) On and after the date of dissolution, all rights and duties of the dissolving sanitary district may be exercised by the receiving unit of local government.

(f) Before the date of dissolution, the receiving unit of local government shall submit a service continuation plan confirming that the receiving unit of local government has the resources to continue providing the services provided by the dissolving sanitary district.

(g) In addition to the requirements of any other law providing for the discontinuation or change to a tax imposed within a special district, within 30 days of the date of dissolution of the dissolving sanitary district, the dissolving sanitary district must provide to the Department of Revenue and the county or counties in which property is located and in which taxes are levied or extended by or for the dissolving sanitary district a certified copy of the ordinance or resolution adopted by the governing body of the dissolving sanitary district that dissolved the dissolving sanitary district and transferred the dissolving sanitary district's rights, duties, and liabilities to a receiving unit of local government.

(h) In addition to the requirements of any other law providing for the discontinuation or change to a tax imposed within a special district, within 30 days of the date that a receiving unit of local government will receive the rights, duties, and liabilities of a dissolving sanitary district, the receiving unit of local government must provide to the Department of Revenue and the county or counties in which property is located and in which taxes are levied or extended by or for the dissolving sanitary district a certified copy of the ordinance or resolution adopted by the governing body of the receiving unit of local government that approved of the receipt, acceptance, and assumption of the rights, duties, and liabilities of the dissolving sanitary district.

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