Illinois General Assembly - Full Text of SB0172
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Full Text of SB0172  97th General Assembly


Sen. Terry Link

Filed: 4/7/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 172 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Soil and Water Conservation Districts Act
5is amended by changing Section 26a as follows:
6    (70 ILCS 405/26a)  (from Ch. 5, par. 131a)
7    Sec. 26a. Any 25 or more owners of lands lying within the
8boundaries of any district organized under the provisions of
9this Act may file, with the Department, a petition proposing
10the consolidation of such district with one or more adjoining
11soil conservation districts. Such petition shall set forth: (1)
12the names of the districts proposed to be consolidated, and (2)
13the proposed name of the consolidated district.
14    Within 30 days after such petition is filed the Department
15shall submit the proposal to the directors of each district
16proposed to be consolidated. The Directors of each such



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1district, shall within 30 days thereafter, adopt and forward to
2the Department a resolution approving or disapproving the
3proposed consolidation.
4    If the directors of all of the said districts approve the
5proposals to consolidate such districts, it shall be the duty
6of the Department to give 10 days notice of the holding of a
7referendum by causing such notice to be published at least once
8in one or more newspapers having general circulation within the
9district and to hold a referendum within each such district
10upon the proposition or the proposed consolidation. Except as
11otherwise provided in this Act, the proposition shall be
12submitted in accordance with Section 28-3 of the Election Code.
13    The question at such referendum shall be submitted upon
14ballots in substantially the following form:
16Place an X in the square opposite the proposition for which you
17desire to vote.
19    For approval of the proposed
20consolidation of (here insert names
21of districts to be consolidated)
22into one soil and water
23conservation district.
25    Against approval of the
26proposed consolidation of (here



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1insert names of districts to be
2consolidated) into one soil and
3water conservation district.
5    Only owners or occupiers of land, or both, lying within the
6districts are eligible to vote in such referendum and each
7shall have one vote. Eligible voters may vote in person or by
8absentee ballot.
9    If a majority of the votes cast in the referendum in each
10of such districts are cast in favor of the proposed
11consolidation and if the Department determines that such
12consolidation is administratively practicable and feasible,
13the Chairmen of the directors of the said districts shall
14present to the Secretary of State through the Department an
15application for a certificate of organization of the
16consolidated district. The application shall be signed and
17sworn to by all of the said chairmen, and shall set forth the
18names of the constituent districts, the proposed name of the
19consolidated district, and the location of the office of the
20consolidated district. The said application shall be
21accompanied by the statement from the Department which shall
22set forth (and such statement need contain no details other
23than the mere recitals) that a petition for the consolidation
24of the said district was filed, that the proposed consolidation
25was, by resolution, approved by the governing bodies of all of
26such districts, that a referendum was held in each of the said



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1districts on the question of the proposed consolidation, and
2that the result of such referendum showed a majority of the
3votes cast in each district to be in favor of the proposed
5    The Secretary of State shall receive and file such
6application and statement and shall record them in an
7appropriate book of record in his office. When the application
8and statements have been made, filed, and recorded as herein
9provided, the consolidation of such districts shall be deemed
10affected and the consolidated district shall constitute a
11public body, corporate and politic, vested with all the power
12of soil and water conservation districts. The Secretary of
13State shall make and issue to the signers of the application a
14certificate, under the seal of the State, of the due
15organization of the said consolidated district, and shall
16record such certificate with the application and statement. A
17copy of the statement and certificate of organization, duly
18certified by the Secretary of State, shall be recorded with the
19recorder of the county in which the office of the consolidated
20district is located.
21    Notwithstanding the other provisions of this Act, if
22petitions and resolutions to consolidate districts under this
23Section are filed with the Department before January 1, 2012
24and if the Director determines that the consolidation is
25administratively practicable and feasible, then the Director
26may approve the consolidation without the necessity of holding



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1a referendum under this Section, which shall be deemed to have
2the same effect as if the referendum had been held and
4    Upon a consolidation of districts, the directors of all
5such districts shall continue to hold office and serve as a
6temporary governing body of the consolidated district until the
7members of a permanent governing body have been elected and
8have qualified. The provisions of Sections 19, 20 and 21 of
9this Act that relate to the number, and to the nomination,
10election and organization of members of the governing bodies of
11soil and water conservation districts shall govern the
12selection of the members of the permanent governing body of a
13consolidated district.
14    Upon the issuance, by the Secretary of State, of a
15certificate of organization to a consolidated district,
16property belonging to the constituent district shall become the
17property of the consolidated district. All contracts
18theretofore entered into, to which the constituent districts
19are parties, shall remain in force and effect for the period
20provided in such contracts. The consolidated districts shall be
21substituted for each constituent district as party to such
22contracts, and shall be entitled to all benefits and subject to
23all liabilities under such contracts and shall have the same
24right and liability to perform, to require performance, to sue
25and to be sued thereon, and to modify or terminate such
26contracts by mutual consent or otherwise, as the constituent



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1district would have had. Any indebtedness, claim, demand or
2right owing or belonging to any of the constituent districts
3shall vest in and become due to the consolidated district,
4which shall have the right to demand, sue for, recover and
5enforce the same in its own name. Upon a consolidation of
6districts, all land-use regulations theretofore adopted and in
7force and effect within any of the constituent districts shall
8remain in force and effect throughout the territory for which
9they were originally adopted, until repealed, amended,
10supplemented, or superseded by action of the consolidated
12(Source: P.A. 83-358.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".