Full Text of HB2583 101st General Assembly
HB2583 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2583 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED: |
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70 ILCS 2105/3 | from Ch. 42, par. 385 |
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Amends the River Conservancy Districts Act. Provides that a petition to expand a conservancy district may include a new name of the expanded district. Creates referendum language when territory to be added to a conservation district encompasses an entire county or counties. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The River Conservancy Districts Act is amended | 5 | | by changing Section 3 as follows:
| 6 | | (70 ILCS 2105/3) (from Ch. 42, par. 385)
| 7 | | Sec. 3.
Additional territory may be added to any | 8 | | conservancy district
as provided for in this Act in the manner | 9 | | following:
| 10 | | (1) One per cent or more of the legal voters resident | 11 | | within the limits
of such proposed addition to such conservancy | 12 | | district, in each county in
which the proposed addition is | 13 | | situated, may petition the
circuit court for the county in | 14 | | which the original petition for the
formation of said | 15 | | conservancy district was filed, to cause the question
to be | 16 | | submitted to the legal voters of such proposed additional
| 17 | | territory whether such proposed additional territory shall | 18 | | become a part
of any conservancy district organized under this | 19 | | Act and whether such
additional territory shall assume a | 20 | | proportionate share of the bonded
indebtedness, if any, of such | 21 | | conservancy district. Such petition shall
be addressed to the | 22 | | court of the county in which the original petition
for | 23 | | organization was filed , and shall contain a generally accurate
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| 1 | | description of the boundaries of the territory to be embraced | 2 | | in the
proposed addition , and, if desired, a new name of the | 3 | | expanded district .
| 4 | | Upon filing such petition in the office of the circuit | 5 | | clerk of the
county in which the original petition for the | 6 | | formation of such
conservancy district was filed it shall be | 7 | | the duty of the court to
consider, fix and determine the | 8 | | boundaries of any such proposed
additional territory, whether | 9 | | the same shall be those stated in the
petition or otherwise and | 10 | | a decision of the court shall be reviewable as
in other civil | 11 | | cases.
| 12 | | A date shall be fixed and notice shall be given by the | 13 | | court of the
county in which such petition is filed of the time | 14 | | and place where such
hearing shall be held in the manner | 15 | | described in Section 1 of this Act.
The conduct of the meeting, | 16 | | and the power of the court to fix and alter the
boundaries of | 17 | | the proposed addition shall be carried out in the manner
| 18 | | described in Section 1 of this Act, as nearly as may be. The | 19 | | court shall
certify the question to the proper election | 20 | | officials who shall submit the
question at an election in | 21 | | accordance with the general election law. The
question shall be | 22 | | in substantially the following form:
| 23 | | -------------------------------------------------------------
| 24 | | For joining the Conservancy
| 25 | | District and assuming a
| 26 | | proportionate share of bonded
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| 1 | | indebtedness.
| 2 | | -------------------------------------------------------------
| 3 | | Against joining Conservancy
| 4 | | District and assuming a
| 5 | | proportionate share of bonded
| 6 | | indebtedness.
| 7 | | -------------------------------------------------------------
| 8 | | If a majority of the votes cast upon the question of
| 9 | | becoming a part of any conservancy district shall be in favor | 10 | | of
becoming a part of such conservancy district and if the | 11 | | board of
trustees of said conservancy district accept the | 12 | | proposed additional
territory by ordinance annexing the same, | 13 | | the court shall enter an
appropriate order of record in the | 14 | | court
and such additional
territory shall thenceforth be deemed | 15 | | an integral part of such
conservancy district and shall be | 16 | | subject to all the benefits,
responsibilities and obligations | 17 | | of said conservancy district as herein
set forth.
| 18 | | Any such additional territory may also be annexed to such | 19 | | conservancy
district upon petition addressed to the court for | 20 | | the county in which
the original petition for organization of | 21 | | the district was filed, signed
by a majority of the owners of | 22 | | lands constituting such territory sought
to be annexed, who | 23 | | shall have arrived at lawful age and who represent a
majority | 24 | | in area of such territory, which said petition shall contain a
| 25 | | generally accurate description of the boundaries of such | 26 | | territory
sought to be annexed, and shall set forth the |
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| 1 | | willingness of the
petitioners of such territory to assume a | 2 | | proportionate share of the
bonded indebtedness, if any, of such | 3 | | conservancy district.
| 4 | | Upon the filing of such petition and notice of and hearing | 5 | | the
decision upon the same by the court, all as herein before | 6 | | provided in
Section 1 of this Act with reference to notice, | 7 | | hearing and decision
upon the petition for the original | 8 | | organization of such district, such
court shall enter an order | 9 | | containing its findings and decision as to
the boundaries of | 10 | | the territory to be annexed; and thereupon if the
board of | 11 | | trustees of such conservancy district shall pass an ordinance
| 12 | | annexing the territory described in such order to said | 13 | | conservancy
district, the court shall enter an appropriate | 14 | | order finding that the
territory is so annexed and such | 15 | | additional territory shall thenceforth
be deemed an integral | 16 | | part of such conservancy district and shall be
subject to all | 17 | | the benefits, responsibilities and obligations of said
| 18 | | conservancy district as herein set forth. | 19 | | (2) If the territory to be added to a conservancy district | 20 | | under item (1) encompasses an entire county or counties, the | 21 | | question submitted to the voters of the District and the | 22 | | territories to be added shall be in substantially the following | 23 | | form: | 24 | | ------------------------------------------------------------- | 25 | | Shall the ..... Conservancy District be expanded to include | 26 | | ..... (County/counties); (if applicable: shall the |
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| 1 | | District name change to the ..... Conservancy District); | 2 | | shall the new District have the authority to levy an annual | 3 | | tax at a maximum rate of .....% of the value of all taxable | 4 | | property within the limits of the District as equalized or | 5 | | assessed by the Department of Revenue; and shall the new | 6 | | territory assume a proportionate share of bonded | 7 | | indebtedness? | 8 | | ------------------------------------------------------------- | 9 | | If a majority of the votes cast at the election upon the | 10 | | question are in favor of the proposed expansion of the | 11 | | district, the district is then reorganized under this Act and | 12 | | its board shall be reconstituted under Section 4a.
| 13 | | (Source: P.A. 86-1307 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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