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Rep. Lawrence "Larry" Walsh, Jr.
Filed: 4/14/2026
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| 1 | | AMENDMENT TO HOUSE BILL 5166
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5166, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following: |
| 5 | | "Section 5. The Illinois Drainage Code is amended by |
| 6 | | adding Section 10-3.5 as follows: |
| 7 | | (70 ILCS 605/10-3.5 new) |
| 8 | | Sec. 10-3.5. Dissolution of sanitary districts having more |
| 9 | | than 650,000 but fewer than 1,000,000 inhabitants. |
| 10 | | (a) As used in this Section: |
| 11 | | "Date of dissolution" means the date that a dissolving |
| 12 | | district is dissolved. |
| 13 | | "Dissolving district" means a district proposed to be |
| 14 | | dissolved under this Section. |
| 15 | | "Governing body" includes, but is not limited to, the |
| 16 | | board of a special district, the corporate authorities of a |
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| 1 | | municipality, the township board of a township, and the county |
| 2 | | board of a county. |
| 3 | | "Receiving unit of local government" means the unit of |
| 4 | | local government receiving the rights, duties, and liabilities |
| 5 | | of a district proposed to be dissolved under this Section. |
| 6 | | (b) In addition to other methods of dissolution provided |
| 7 | | in this Code, a district having more than 650,000 but fewer |
| 8 | | than 1,000,000 inhabitants shall be dissolved upon the |
| 9 | | affirmative vote of: |
| 10 | | (1) a majority of the commissioners of a district to |
| 11 | | dissolve the district on a specified date of dissolution |
| 12 | | and transfer the district's rights, duties, and |
| 13 | | liabilities to a receiving unit of local government on or |
| 14 | | before a specified date of dissolution; and |
| 15 | | (2) a majority of the governing body of the receiving |
| 16 | | unit of local government to receive the rights, duties, |
| 17 | | and liabilities of the dissolving district on or before a |
| 18 | | specified date of dissolution. |
| 19 | | (c) On or before the date of dissolution, all real and |
| 20 | | personal property, and any other assets, together with all |
| 21 | | personnel, contractual obligations, and liabilities of the |
| 22 | | dissolving district shall be transferred to the receiving unit |
| 23 | | of local government. |
| 24 | | (d) On the date of dissolution, the dissolving district is |
| 25 | | dissolved. |
| 26 | | (e) On and after the date of dissolution, all rights and |
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| 1 | | duties of the dissolving district may be exercised by the |
| 2 | | receiving unit of local government. |
| 3 | | (f) Before the date of dissolution, the receiving unit of |
| 4 | | local government shall submit a service continuation plan |
| 5 | | confirming that the receiving unit of local government has the |
| 6 | | resources to continue providing the services provided by the |
| 7 | | dissolving district. |
| 8 | | (g) In addition to the requirements of any other law |
| 9 | | providing for the discontinuation or change to a tax imposed |
| 10 | | within a special district, within 30 days of the date of |
| 11 | | dissolution of the dissolving district, the dissolving |
| 12 | | district must provide to the Department of Revenue and the |
| 13 | | county or counties in which property is located and in which |
| 14 | | taxes are levied or extended by or for the dissolving district |
| 15 | | a certified copy of the ordinance or resolution adopted by the |
| 16 | | governing body of the dissolving district that dissolved the |
| 17 | | dissolving district and transferred the dissolving district's |
| 18 | | rights, duties, and liabilities to a receiving unit of local |
| 19 | | government. |
| 20 | | (h) In addition to the requirements of any other law |
| 21 | | providing for the discontinuation or change to a tax imposed |
| 22 | | within a special district, within 30 days of the date that a |
| 23 | | receiving unit of local government will receive the rights, |
| 24 | | duties, and liabilities of a dissolving district, the |
| 25 | | receiving unit of local government must provide to the |
| 26 | | Department of Revenue and the county or counties in which |
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| 1 | | property is located and in which taxes are levied or extended |
| 2 | | by or for the dissolving district a certified copy of the |
| 3 | | ordinance or resolution adopted by the governing body of the |
| 4 | | receiving unit of local government that approved of the |
| 5 | | receipt, acceptance, and assumption of the rights, duties, and |
| 6 | | liabilities of the dissolving district. |
| 7 | | Section 10. The Sanitary District Act of 1936 is amended |
| 8 | | by adding Section 33.2 as follows: |
| 9 | | (70 ILCS 2805/33.2 new) |
| 10 | | Sec. 33.2. Dissolution of sanitary districts having more |
| 11 | | than 650,000 but fewer than 1,000,000 inhabitants. |
| 12 | | (a) As used in this Section: |
| 13 | | "Date of dissolution" means the date that a dissolving |
| 14 | | sanitary district is dissolved. |
| 15 | | "Dissolving sanitary district" means the sanitary district |
| 16 | | proposed to be dissolved under this Section. |
| 17 | | "Governing body" includes, but is not limited to, the |
| 18 | | board of a sanitary district, the corporate authorities of a |
| 19 | | municipality, the township board of a township, and the county |
| 20 | | board of a county. |
| 21 | | "Receiving unit of local government" means the unit of |
| 22 | | local government receiving the rights, duties, and liabilities |
| 23 | | of the sanitary district proposed to be dissolved under this |
| 24 | | Section. |
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| 1 | | (b) In addition to other methods of dissolution provided |
| 2 | | in this Act, a sanitary district organized under this Act |
| 3 | | having more than 650,000 but fewer than 1,000,000 inhabitants |
| 4 | | shall be dissolved upon the affirmative vote of: |
| 5 | | (1) a majority of the governing body of the dissolving |
| 6 | | sanitary district to dissolve the sanitary district on a |
| 7 | | specified date of dissolution and transfer the sanitary |
| 8 | | district's rights, duties, and liabilities to a receiving |
| 9 | | unit of local government on or before a specified date of |
| 10 | | dissolution; and |
| 11 | | (2) a majority of the governing body of the receiving |
| 12 | | unit of local government to receive the rights, duties, |
| 13 | | and liabilities of the dissolving sanitary district on or |
| 14 | | before a specified date of dissolution. |
| 15 | | (c) On or before the date of dissolution, all real and |
| 16 | | personal property, and any other assets, together with all |
| 17 | | personnel, contractual obligations, and liabilities of the |
| 18 | | dissolving sanitary district shall be transferred to the |
| 19 | | receiving unit of local government. |
| 20 | | (d) On the date of dissolution, the dissolving sanitary |
| 21 | | district is dissolved. |
| 22 | | (e) On and after the date of dissolution, all rights and |
| 23 | | duties of the dissolving sanitary district may be exercised by |
| 24 | | the receiving unit of local government. |
| 25 | | (f) Before the date of dissolution, the receiving unit of |
| 26 | | local government shall submit a service continuation plan |
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| 1 | | confirming that the receiving unit of local government has the |
| 2 | | resources to continue providing the services provided by the |
| 3 | | dissolving sanitary district. |
| 4 | | (g) In addition to the requirements of any other law |
| 5 | | providing for the discontinuation or change to a tax imposed |
| 6 | | within a special district, within 30 days of the date of |
| 7 | | dissolution of the dissolving district, the dissolving |
| 8 | | district must provide to the Department of Revenue and the |
| 9 | | county or counties in which property is located and in which |
| 10 | | taxes are levied or extended by or for the dissolving district |
| 11 | | a certified copy of the ordinance or resolution adopted by the |
| 12 | | governing body of the dissolving district that dissolved the |
| 13 | | dissolving district and transferred the dissolving district's |
| 14 | | rights, duties, and liabilities to a receiving unit of local |
| 15 | | government. |
| 16 | | (h) In addition to the requirements of any other law |
| 17 | | providing for the discontinuation or change to a tax imposed |
| 18 | | within a special district, within 30 days of the date that a |
| 19 | | receiving unit of local government will receive the rights, |
| 20 | | duties, and liabilities of a dissolving district, the |
| 21 | | receiving unit of local government must provide to the |
| 22 | | Department of Revenue and the county or counties in which |
| 23 | | property is located and in which taxes are levied or extended |
| 24 | | by or for the dissolving district a certified copy of the |
| 25 | | ordinance or resolution adopted by the governing body of the |
| 26 | | receiving unit of local government that approved of the |