HB3273 99TH GENERAL ASSEMBLY

LRB099 09062 AWJ 29251 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3273

Introduced , by Rep. Ron Sandack

SYNOPSIS AS INTRODUCED:

70 ILCS 2805/37.1 new

Amends the Sanitary District Act of 1936. Provides a sanitary district created under this Act which is located in a county having a population of 3,000,000 or more, which is wholly included in three or more municipalities, which no part is included in any unincorporated area, which has no employees, and which has no revenue bond indebtedness shall, upon the effective date of this amendatory Act of the 99th General Assembly, be dissolved by operation of law. Provides that the officers of the dissolved sanitary shall convey the property of the sanitary district, liquidate personal property, pay debts, and distribute remaining monies to the municipalities taking over for the sanitary district. Provides the municipalities may levy and collect a tax for the purpose of maintaining, constructing or replacing sewers with the aggregate amount of which for each year may not exceed 0.25%. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Sanitary District Act of 1936 is amended by adding Section 37.1 as follows:

(70 ILCS 2805/37.1 new)

Sec. 37.1. Dissolution of district with no employees and no bond indebtedness; winding up sanitary district business; tax by acquiring municipalities.

(a) Any sanitary district created under this Act which is located in a county having a population of 3,000,000 or more, which is wholly included in three or more municipalities, which no part is included in any unincorporated area, which has no employees, and which has no revenue bond indebtedness shall, upon the effective date of this amendatory Act of the 99th General Assembly, be dissolved by operation of law. Each of the municipalities within the territory of a dissolved sanitary district shall be responsible for providing sewers for collecting and disposing of sewage.

(b) The officers of any dissolved sanitary district immediately preceding the effective date of this amendatory Act of the 99th General Assembly shall close up the business affairs of the sanitary district by conveying title of a dissolved sanitary district's property to the municipalities collecting and disposing of sewage and by liquidating any remaining personal property of a dissolved sanitary district. After all the debts and obligations of the dissolved sanitary district have been satisfied, any remaining monies shall be distributed to the municipalities collecting and disposing of sewage in proportion to the percentage of territory located within the boundaries of each affected municipality.

(c) The corporate authorities of any municipality required to provide sewer service under this Section after the dissolution of a sanitary district is hereby authorized to levy and collect a tax for the purpose of maintaining, constructing or replacing sewers, upon the taxable property within that municipality, the aggregate amount of which for each year may not exceed 0.25% of the value of such property as equalized or assessed by the Department of Revenue and that tax shall be in addition to any taxes that may otherwise be authorized to be levied for the general corporate purposes of the municipality as currently provided in Section 37 of this Act. Any outstanding obligations of the dissolved sanitary district shall be paid from the taxes levied and collected pursuant to this subsection.

If any tax has been levied for sewer or water purposes prior to the effective date of this amendatory Act of the 99th General Assembly by a municipality who would also have the power to levy such a tax under this subsection, that tax is expressly validated.

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