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Public Act 097-0309
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| SB1688 Enrolled | LRB097 09987 RLJ 50156 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Beardstown Regional Flood Prevention District Act.
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Section 3. Definitions. As used in this Act, the following |
terms shall have the following meanings unless a different |
meaning clearly appears from the context:
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"Board" means the Board of Commissioners of the Beardstown |
Regional Flood Prevention District. |
"County board" means the Cass County Board. |
"District" means the Beardstown Regional Flood Prevention |
District created by this Act.
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"Fund" means the Beardstown Regional Flood Prevention |
District Property Tax Fund created under subsection (h) of |
Section 20 of this Act.
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Section 5. Creation; purpose. |
(a) The Cass County Board may, by ordinance approved by the |
affirmative vote of the majority of the members of the county |
board, create the Beardstown Regional Flood Prevention |
District to perform emergency levee repair and flood |
prevention, prevent the loss of life or property, and comply |
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with the levee requirements imposed by the Federal Emergency |
Management Agency and the United States Army Corps of |
Engineers. The Beardstown Regional Flood Prevention District |
shall include all properties located within the Federal |
Emergency Management Agency's (FEMA's) floodplain map with a |
Provisionally Accredited Levees (PAL) expiration date of |
January 27, 2011, and all properties within or later annexed to |
or incorporated into the South Beardstown Levee and Drainage |
District, the Valley Levee and Drainage District, the Lost |
Creek Levee and Drainage District, the City of Beardstown, and |
the Beardstown Sanitary District regardless of the elevation of |
the properties. The Beardstown Regional Flood Prevention |
District shall work in concert with affected existing drainage |
districts, the City of Beardstown, the Beardstown Sanitary |
District, the Cass County Board, the people of Cass County, |
FEMA, and the Army Corps of Engineers. In addition to the |
powers and authority granted to the District in Section 15 of |
this Act, the District shall be responsible for performing and |
funding all regular and necessary repairs and maintenance to |
the levees including, but not limited to: (i) the repair, |
maintenance and replacement of pipes, relief wells, |
infrastructure, and other structures existing on or within the |
levees as of the effective date of this Act or which may be |
constructed or installed by the District after its |
establishment; (ii) the removal and abatement of unwanted |
vegetation and nuisance animals; (iii) the mowing of the |
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levees; and (iv) the establishment and maintenance of levee sod |
covering. The creation of the Beardstown Regional Flood |
Protection District shall neither constitute nor be deemed a |
conveyance of title or ownership to the district of any |
properties within the district. |
(b) The district created under this Act shall be dissolved |
upon the later of (i) 25 years after the date the district is |
created or (ii) the payment of all obligations of the county |
and district under Section 20 of this Act and any federal |
reimbursement moneys under Section 25 of this Act. The district |
may be dissolved earlier if all federal reimbursement moneys |
have been paid and all obligations of the county and district |
incurred under this Act have been paid, including any |
obligations related to bonds issued under Section 15 of this |
Act and any obligations incurred pursuant to an |
intergovernmental agreement.
Upon dissolution of the district, |
sole possession, control, and maintenance of the properties and |
improvements within the district shall revert back to the South |
Beardstown Levee and Drainage District, the Valley Levee and |
Drainage District, the Lost Creek Levee and Drainage District, |
the City of Beardstown, and the Beardstown Sanitary District, |
as existed prior to the creation of the district.
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Section 10. Commissioners. |
(a) The affairs of the district shall be managed by a board |
of 7 commissioners: one shall be appointed by the chairperson |
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of the county board; one shall be appointed by the Mayor of the |
City of Beardstown; one shall be appointed by the Beardstown |
Sanitary District; one shall be appointed by the South |
Beardstown Levee and Drainage District; one shall be appointed |
by the Valley Levee and Drainage District; one shall be |
appointed by the Lost Creek Levee and Drainage District; and |
one shall be appointed by a majority vote of the other 6 |
commissioners. All initial appointments under this Section |
must be made within 60 days after the district is organized. |
(b) Of the initial appointments, 3 commissioners shall |
serve a 2-year term and 4 commissioners shall serve a 4-year |
term, as determined by lot. Their successors shall be appointed |
for 4-year terms. No commissioner may serve for more than 20 |
years. Vacancies shall be filled in the same manner as original |
appointments. |
(c) Each commissioner must be a legal voter in Cass County, |
and all commissioners shall reside in and own property that is |
located within the district. Commissioners shall serve without |
compensation, but may be reimbursed for reasonable expenses |
incurred in the performance of their duties.
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(d) A majority of the commissioners shall constitute a |
quorum of the board for the transaction of business. An |
affirmative vote of a majority of the commissioners shall be |
sufficient to approve any action or expenditure. |
(e) An alderman of the City of Beardstown, a member of the |
county board, and a commissioner of each of the aforementioned |
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drainage districts and sanitation district may be appointed to |
serve concurrently as commissioners of the district, and the |
appointment shall be deemed lawful and not to constitute a |
violation of the Public Officer Prohibited Activities Act, nor |
to create an impermissible conflict of interest or |
incompatibility of offices.
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Section 15. Powers of the district. A district formed under |
this Act has the following powers:
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(1) To sue or be sued.
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(2) To apply for and accept gifts, grants, and loans |
from any public agency or private entity.
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(3) To enter into intergovernmental agreements with |
other governmental units including municipalities, |
sanitary districts, or drainage districts to further |
ensure levee repair, levee construction or reconstruction, |
and flood prevention, including agreements with the United |
States Army Corps of Engineers or any other agency or |
department of the federal government.
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(4) To undertake evaluation, planning, design, |
construction, and related activities that are determined |
to be urgently needed to stabilize, repair, restore, |
improve, or replace existing levees.
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(5) To address underseepage problems and old and |
deteriorating gates, pipes, and other infrastructure |
related to existing levees.
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(6) To conduct evaluations of levees and other flood |
control facilities including the performance of floodplain |
mapping studies.
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(7) To provide capital moneys for levee studies |
including the construction of facilities for that purpose.
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(8) To borrow money or receive money from the United |
States Government or any agency thereof, or from any other |
public or private source, for the purposes of the district.
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(9) To enter into agreements with private property |
owners.
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(10) To issue revenue bonds for the purposes of the |
district. Revenue bonds shall be payable from revenue |
received from a property tax imposed under Section 20 of |
this Act and from any other revenue sources available to |
the flood prevention district. These bonds may be issued |
with maturities not exceeding 25 years after the date of |
issue, and in any amounts as may be necessary to provide |
sufficient funds, together with interest, for the purposes |
of the district. These bonds shall bear interest at a rate |
of not more than the maximum rate authorized by the Bond |
Authorization Act, as amended at the time of the making of |
the contract of sale, payable semi-annually, may be made |
registerable as to principal, and may be made payable and |
callable as provided on any date at a price of par and |
accrued interest under any terms and conditions as may be |
fixed by an ordinance approved by the affirmative vote of |
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the county board. Bonds issued under this Section are |
negotiable instruments. In case any officer whose |
signature appears on the bonds or coupons ceases to hold |
that office before the bonds are delivered, the officer's |
signature shall nevertheless be valid and sufficient for |
all purposes the same as though the officer had remained in |
office until the bonds were delivered. The bonds shall be |
sold in any manner and upon any terms as the district shall |
determine, except that the selling price shall be such that |
the interest cost to the district of the proceeds of the |
bonds shall not exceed the maximum rate authorized by the |
Bond Authorization Act, as amended at the time of the |
making of the contract of sale, payable semi-annually, |
computed to maturity according to the standard table of |
bond values.
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(11) To acquire property by gift, grant, or |
intergovernmental agreement.
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(12) To retain professional staff to carry out the |
functions of the district including, but not limited to, |
administrative support personnel and legal counsel. The |
district may employ a Chief Supervisor of Construction and |
the Works with appropriate professional qualifications, |
including a degree in engineering, construction, |
hydrology, or a related field, or an equivalent combination |
of education and experience. If the district employs a |
Chief Supervisor of Construction and the Works, he or she |
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shall be vested with the authority to carry out the duties |
and mission of the district, pursuant to the direction and |
supervision of the board of commissioners.
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(13) To reimburse any unit of local government for |
costs advanced by the local government for expenses that |
would have otherwise been paid out of the Beardstown |
Regional Flood Prevention District Property Tax Fund, had |
the fund been established at the time of the expenditure. |
Nothing in this Section shall be construed to permit a unit |
of local government to seek reimbursement from the district |
for any expense related to levee maintenance, repair, |
improvement, construction, staff, operating expenses, the |
construction of facilities for any such purpose, or any |
other non-emergency levee related expense that occurred |
prior to an emergency situation involving the levees within |
the county.
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(14) To change the name of the district by an ordinance |
approved by the affirmative vote of a majority of the |
commissioners of the district.
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(15) To adopt rules, procedures, and policies |
concerning the operation and purpose of the district. |
(16) To establish and maintain accounts with banks and |
other financial institutions to further the purposes and |
operations of the district. |
(17) To expend monies in furtherance of the district's |
purposes and operations.
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Section 20. Property tax.
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(a) The district organized under this Act shall, by |
ordinance or resolution, petition the county board to levy a |
property tax to accomplish its goals, purposes, and obligations |
as set forth in Section 5 of this Act or to provide for the |
payment of debt incurred in accordance with this Act.
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(b) The manner of levying the tax authorized by subsection |
(a) shall be as provided in this Section.
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(c) A property tax may be levied by the district at a rate |
not to exceed 0.7% to produce revenues required to accomplish |
its goals, purposes, and obligations as set forth in Section 5 |
of this Act. Before the first levy of taxes in the district, |
notice shall be given and a hearing shall be held under the |
provisions of subsections (d) and (e). For purposes of this |
subsection, the notice shall include:
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(1) the time and place of the hearing;
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(2) a notification that all interested persons, |
including all persons owning taxable real property located |
within the district, shall be given an opportunity to be |
heard at the hearing regarding the tax levy and an |
opportunity to file objections to the amount of the tax |
levy; and
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(3) the maximum rate of taxes to be extended in any |
year and may include a maximum number of years the taxes |
will be levied.
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(d) After the first levy of taxes, taxes may be extended |
without additional hearings, provided the taxes shall not |
exceed the rate specified in the notice and the taxes shall not |
be extended for a period longer than that outlined in |
subsection (b) of Section 5. The district, by ordinance or |
resolution, may petition the county board to increase the rate |
of tax by no more than 0.1%. Any such increase must be approved |
by the county board and by the electors. |
The tax under this subsection may not be increased until, |
by ordinance or resolution of the county board, the question of |
imposing the tax has been submitted to the electors of the |
county at a regular election and approved by a majority of the |
electors voting on the question. |
The election authority must submit the question in |
substantially the following form: |
Shall Cass County be authorized to increase the |
property tax rate to be used exclusively for the operation |
of the Beardstown Regional Flood Prevention District by |
(insert up to 0.1%)? |
The election authority must record the votes as "Yes" or "No". |
If a majority of the electors voting on the question vote |
in the affirmative, then the county may, thereafter, increase |
the rate of tax. |
The rate of tax may be increased more than once under this |
subsection, but not at the same election. |
(d) Within a period of 61 to 120 calendar days following |
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the adoption of the ordinance establishing the district, the |
district shall fix a time and a place for a public hearing. |
Notice of the hearing shall be given by publication and |
mailing. Notice by publication shall be given by publication at |
least once not less than 15 days before the hearing in a |
newspaper of general circulation within the district. Notice by |
mailing shall be given by depositing the notice in the United |
States mail addressed to the person or persons in whose name |
the general taxes for the last preceding year were paid on each |
lot, block, tract, or parcel of land lying within the district. |
The notice shall be mailed not less than 10 days before the |
time set for the public hearing. In the event taxes for the |
last preceding year were not paid, the notice shall be sent to |
the person last listed on the tax rolls before that year as the |
owner of the property.
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(e) At the public hearing, any interested person, including |
all persons owning taxable real property located within the |
district, may file with the district written objections to and |
may be heard orally in respect to any issues embodied in the |
notice. The district shall hear and determine all protests and |
objections at the hearing, and the hearing may be adjourned or |
recessed to another date without further notice other than a |
motion to be entered upon the minutes fixing the time and place |
of its adjournment.
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(f) Bonds secured by the full faith and credit of the |
district may be issued as described in paragraph (10) of |
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Section 15. Bonds, when so issued, shall be retired by the levy |
of taxes as specified in subsection (c), against all of the |
taxable real property included in the district as provided in |
the ordinance or resolution authorizing the issuance of the |
bonds. The county clerk shall annually extend taxes against all |
of the taxable property situated in the county and contained in |
the district in amounts sufficient to pay maturing principal |
and interest of those bonds. |
Before the issuance of bonds, notice shall be given and a |
hearing shall be held under the provisions of subsections (d) |
and (e). For purposes of this subsection, the notice shall |
include:
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(1) the time and place of the hearing;
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(2) a notification that all interested persons, |
including all persons owning taxable real property located |
within the district, will be given an opportunity to be |
heard at the hearing regarding the district's decision to |
issue the bonds and an opportunity to file objections to |
the issuance of the bonds; and
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(3) the maximum amount of bonds proposed to be issued, |
the maximum period of time over which the bonds shall be |
retired, and the maximum interest rate the bonds shall |
bear.
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The questions of the property tax levy and the issuance of |
bonds may be considered together at one hearing. Any bonds |
issued shall not exceed the number of bonds, the interest rate, |
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and the period of extension set forth in the notice, unless an |
additional hearing is held. No bonds issued under this Section |
shall be regarded as indebtedness of the district for the |
purpose of any limitation imposed by any law.
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(g) If a petition signed by at least 30% of the electors |
residing within the district and by at least 30% of the owners |
of record of the land included within the boundaries of the |
district is filed with the district within 60 days following |
the final adjournment of the public hearing objecting to the |
levy or imposition of the property tax or issuance of bonds, no |
such tax may be levied or imposed or no such bonds may be |
issued. The subject matter of the petition filed by the |
electors and owners shall not be proposed by the district |
within the next year. Each resident of the district registered |
to vote at the time of the public hearing held with regard to |
the district shall be considered an elector. Each person in |
whose name legal title to land included within the boundaries |
of the district is held according to the records of the county |
in which the land is located shall be considered an owner of |
record. Owners of record shall be determined at the time of the |
public hearing held with regard to the district. Land owned in |
the name of a land trust, corporation, estate, or partnership |
shall be considered to have a single owner of record.
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(h) If a property tax is levied, the tax shall be extended |
by the county clerk in the district in the manner provided by |
the Property Tax Code based on assessed values as established |
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under that Act.
A special fund shall be created in the county |
treasury that shall be known as the Beardstown Regional Flood |
Prevention District Property Tax Fund. The county treasurer |
shall collect and deposit into the Fund the revenues generated |
by the property tax. The county treasurer shall, within 30 days |
of receiving tax revenues, disburse all revenues to the |
district.
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Section 25. Disbursement of federal funds. |
(a) Any reimbursements for the construction of flood |
protection facilities shall be appropriated to the district in |
accordance with the location of the specific facility for which |
the federal appropriation is made.
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(b) If there are federal reimbursements to the district for |
construction of flood protection facilities that were built |
using revenues authorized by this Act, those funds shall be |
used for the early retirement of bonds issued in accordance |
with this Act. |
(c) When all bond obligations of the district have been |
paid, the remaining federal reimbursement moneys shall be |
remitted in equal shares to the drainage districts and sanitary |
district included within the boundaries of the district to be |
used for the continued long-term maintenance of federal levees |
and flood protection districts.
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Section 30. Financial audit of the district. A financial |
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audit of the district shall be conducted annually by a |
certified public accountant (CPA) that is licensed at the time |
of the audit by the Illinois Department of Financial and |
Professional Regulation. The CPA shall meet all of the general |
standards concerning qualifications, independence, due |
professional care, and quality control as required by the |
Government Auditing Standards, 1994 Revision, Chapter 3, |
including the requirements for continuing professional |
education and external peer review. The financial audit is to |
be performed in accordance with generally accepted auditing |
standards issued by the American Institute of Certified Public |
Accountants (AICPA) for field work and reporting, generally |
accepted government auditing standards (GAGAS), and AICPA |
Statements on Auditing Standards (SAS) current at the time the |
audit is commenced. The audit shall be made publicly available |
and sent to the county board chairperson and to the Secretary |
of State.
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Section 35. Budget of the district. The board shall adopt |
an annual budget for the district in accordance with the fiscal |
year adopted by the county board. The budget shall include |
expected revenues by source and expenditures by project or by |
function for the following year. The budget must be approved by |
the county board prior to any expenditure by the district for |
the fiscal year. The county board must approve or disapprove |
the budget of the board within 30 calendar days after the |
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budget is received by the county board. If the county board |
does not act to approve or disapprove the budget within 30 |
calendar days of receipt, it shall stand as approved. In |
addition, the board shall submit an annual report to the county |
board by the last day of the fiscal year detailing the |
activities of the district.
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Section 40. Procurement. The board shall conduct all |
procurements in accordance with the requirements of the Local |
Government Professional Services Selection Act and any |
competitive bid requirements contained in Section 5-1022 of the |
Counties Code.
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Section 45. The Illinois Governmental Ethics Act is amended |
by changing Section 4A-101 as follows:
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(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) |
Sec. 4A-101. Persons required to file. The following |
persons shall file
verified written statements of economic |
interests, as provided in this Article:
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(a) Members of the General Assembly and candidates for |
nomination or
election to the General Assembly.
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(b) Persons holding an elected office in the Executive |
Branch of this
State, and candidates for nomination or |
election to these offices.
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(c) Members of a Commission or Board created by the |
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Illinois Constitution,
and candidates for nomination or |
election to such Commission or Board.
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(d) Persons whose appointment to office is subject to |
confirmation by
the Senate and persons appointed by the |
Governor to any other position on a board or commission |
described in subsection (a) of Section 15 of the |
Gubernatorial Boards and Commissions Act.
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(e) Holders of, and candidates for nomination or |
election to, the office
of judge or associate judge of the |
Circuit Court and the office of judge of
the Appellate or |
Supreme Court.
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(f) Persons who are employed by any branch, agency, |
authority or board
of the government of this State, |
including but not limited to, the Illinois
State Toll |
Highway Authority, the Illinois Housing Development |
Authority,
the Illinois Community College Board, and |
institutions under the
jurisdiction of the Board of |
Trustees
of the University of Illinois, Board of Trustees |
of Southern Illinois
University, Board of Trustees of |
Chicago State University,
Board of Trustees of Eastern |
Illinois University, Board of Trustees of
Governor's State |
University, Board of Trustees of Illinois State |
University,
Board of Trustees of Northeastern Illinois |
University, Board of Trustees of
Northern Illinois |
University, Board of Trustees of Western Illinois
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University, or Board of Trustees of the Illinois |
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Mathematics and Science
Academy, and are compensated for |
services as employees and not as
independent contractors |
and who:
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(1) are, or function as, the head of a department, |
commission, board,
division, bureau, authority or |
other administrative unit within the
government of |
this State, or who exercise similar authority within |
the
government of this State;
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(2) have direct supervisory authority over, or |
direct responsibility for
the formulation, |
negotiation, issuance or execution of contracts |
entered into
by the State in the amount of $5,000 or |
more;
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(3) have authority for the issuance or |
promulgation of rules and
regulations within areas |
under the authority of the State;
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(4) have authority for the approval of |
professional licenses;
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(5) have responsibility with respect to the |
financial inspection
of regulated nongovernmental |
entities;
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(6) adjudicate, arbitrate, or decide any judicial |
or administrative
proceeding, or review the |
adjudication, arbitration or decision of any judicial
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or administrative proceeding within the authority of |
the State;
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(7) have supervisory responsibility for 20 or more |
employees of the
State;
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(8) negotiate, assign, authorize, or grant naming |
rights or sponsorship rights regarding any property or |
asset of the State, whether real, personal, tangible, |
or intangible; or
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(9) have responsibility with respect to the |
procurement of goods or services. |
(g) Persons who are elected to office in a unit of |
local government,
and candidates for nomination or |
election to that office, including regional
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superintendents of school districts.
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(h) Persons appointed to the governing board of a unit |
of local
government, or of a special district, and persons |
appointed to a zoning
board, or zoning board of appeals, or |
to a regional, county, or municipal
plan commission, or to |
a board of review of any county, and persons
appointed to |
the Board of the Metropolitan Pier and Exposition Authority
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and any Trustee appointed under Section 22 of the |
Metropolitan Pier and
Exposition Authority Act, and |
persons appointed to a board or commission of
a unit of |
local government who have authority to authorize the |
expenditure of
public funds. This subsection does not apply |
to members of boards or
commissions who function in an |
advisory capacity.
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(i) Persons who are employed by a unit of local |
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government and are
compensated for services as employees |
and not as independent contractors and
who:
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(1) are, or function as, the head of a department, |
division, bureau,
authority or other administrative |
unit within the unit of local
government, or who |
exercise similar authority within the unit of local
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government;
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(2) have direct supervisory authority over, or |
direct responsibility for
the formulation, |
negotiation, issuance or execution of contracts |
entered into
by the unit of local government in the |
amount of $1,000 or greater;
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(3) have authority to approve licenses
and permits |
by the unit of local government; this item does not |
include
employees who function in a ministerial |
capacity;
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(4) adjudicate, arbitrate, or decide any judicial |
or administrative
proceeding, or review the |
adjudication, arbitration or decision of any judicial
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or administrative proceeding within the authority of |
the unit of local
government;
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(5) have authority to issue or promulgate rules and |
regulations within
areas under the authority of the |
unit of local government; or
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(6) have supervisory responsibility for 20 or more |
employees of the
unit of local government.
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(j) Persons on the Board of Trustees of the Illinois |
Mathematics and
Science Academy.
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(k) Persons employed by a school district in positions |
that
require that
person to hold an administrative or a |
chief school business official
endorsement.
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(l) Special government agents. A "special government |
agent" is a
person who is directed, retained, designated, |
appointed, or
employed, with or without compensation, by or |
on behalf of a
statewide executive branch constitutional |
officer to make an ex
parte communication under Section |
5-50 of the State Officials and
Employees Ethics Act or |
Section 5-165 of the Illinois
Administrative Procedure |
Act.
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(m) Members of the board of commissioners of any flood |
prevention district created under the Flood Prevention |
District Act or the Beardstown Regional Flood Prevention |
District Act. |
(n) Members of the board of any retirement system or |
investment board established under the Illinois Pension |
Code, if not required to file under any other provision of |
this Section. |
(o) Members of the board of any pension fund |
established under the Illinois Pension Code, if not |
required to file under any other provision of this Section. |
This Section shall not be construed to prevent any unit of |
local government
from enacting financial disclosure |
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requirements that mandate
more information
than required by |
this Act.
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(Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09; 96-543, |
eff. 8-17-09; 96-555, eff. 8-18-09; 96-1000, eff. 7-2-10.)
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Section 50. The Public Officer Prohibited Activities Act is |
amended by changing Section 2 as follows:
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(50 ILCS 105/2) (from Ch. 102, par. 2)
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Sec. 2.
No alderman of any city, or member of the board of |
trustees of
any village, during the term of office for which he |
or she is elected, may
accept, be appointed to, or hold any |
office by the appointment of the mayor
or president of the |
board of trustees, unless the alderman or board member
is |
granted a leave of absence from such office, or unless he or |
she first
resigns from the office of alderman or member of the |
board of trustees,
or unless the holding of another office is |
authorized by law. The
alderman or board member may, however, |
serve as a volunteer fireman and
receive compensation for that |
service. The alderman may also serve as a commissioner of the |
Beardstown Regional Flood Prevention District board. Any |
appointment in violation of this
Section is void.
Nothing in |
this Act shall be construed to prohibit an elected municipal
|
official from holding elected office in another unit of local |
government as
long as there is no contractual relationship |
between the municipality and the
other unit of local |