METRO SANITARY DIST-RENAMING

Illinois General Assembly - Full Text of HB4365

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HB4365 - 104th General Assembly

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Senate Amendment 001

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HB4365 Enrolled
LRB104 17396 RTM 30821 b
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 Department of Natural Resources Act is
5
amended by changing Section 5-10 as follows:

6

(20 ILCS 801/5-10)
7

Sec. 5-10.
Additional powers.
With respect to the water
8
resources of the State, the Office of Water Resources shall
9
have the following powers:
10

(a) To study and investigate ways and means by which the
11
various water uses may be coordinated to the end that the water
12
resources of the State be put to their maximum beneficial use
13
and, in connection therewith, to request any department or
14
agency of the State to make surveys, studies, investigations,
15
prepare plans, reports and furnish such data and information
16
as may be necessary.
17

(b) To coordinate, determine and provide ways and means
18
for the equitable reconciliation and adjustment of the various
19
conflicting claims and rights to water by users or uses.
20

(c) To recommend legislation for the most feasible method
21
or methods of conserving water resources and putting them to
22
the maximum possible use, taking into account the problems of
23
navigation, flood control, river flow control and

HB4365 Enrolled
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1
stabilization, reclamation, drainage and recapture, and
2
further utilization of water after use for any purpose,
3
domestic and industrial use, irrigation of land, municipal
4
use, development of electric energy, public health,
5
recreational, fish and game life, and other beneficial use.
6

(d) To undertake regulatory flood hazard mapping within
7
this State.
8

(e) To inspect and prescribe standards of repair,
9
maintenance and improvement of the facilities and properties
10
of the
Metro-East Flood Prevention District

Metro-East
11
Sanitary District
.
12
(Source: P.A. 89-445, eff. 2-7-96; 90-14, eff. 7-1-97.)

13

Section 10.
The Flood Prevention District Act is amended
14
by changing Section 40 as follows:

15

(70 ILCS 750/40)
16

Sec. 40.
Budget of the District.
The District shall adopt
17
an annual budget by August 31 of each year for the fiscal year
18
beginning October 1. Such budget shall include expected
19
revenues by source and expenditures by project or by function
20
for the following year. The budget must be approved by the
21
county board of the county in which the district is situated
22
prior to any expenditure by the District for the fiscal year
23
beginning October 1. The county board must approve or
24
disapprove the budget of the District within 30 calendar days

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
after the budget is received by the county board. If the county
2
board does not act to approve or disapprove the budget within
3
30 calendar days of receipt, it shall stand as approved.
4

In addition, the District shall submit an annual report to
5
the county board by August 31 of each year detailing the
6
activities of the district. This report must also include any
7
information submitted to the flood prevention district
by a
8
drainage, levee, or sanitary district
in accordance with
9
Section 4-45 of the Illinois Drainage Code or Section 2-2 of
10
the
Metro-East Flood Prevention District Act

Metro-East
11
Sanitary District Act
.
12
(Source: P.A. 95-719, eff. 5-21-08; 95-723, eff. 6-23-08.)

13

Section 15.
The Southwestern Illinois Metropolitan and
14
Regional Planning Act is amended by changing Section 5 as
15
follows:

16

(70 ILCS 1710/5)

(from Ch. 85, par. 1155)
17

Sec. 5.
The corporate authorities of the Southwestern
18
Illinois Metropolitan and Regional Planning Commission shall
19
consist of commissioners selected as follows:

20

Eight commissioners appointed by the Governor, at
21

least 4 of whom shall be elected officials of a unit of
22

government and at least 7 of whom shall be residents of the
23

Metropolitan and Regional Counties Area. No more than 4 of
24

the Governor's appointees shall be of the same political

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

party.

2

One member from among the Illinois Commissioners of
3

the Bi-State Development Agency, elected by said
4

commissioners of said Agency, provided that preference
5

shall be given in this appointment to the Chairman or Vice
6

Chairman of said Agency if either or both of those
7

officers is an Illinois resident.

8

The Chairman or presiding officer of each statutory
9

Port District existing or operating within the
10

Metropolitan and Regional Counties Area, or a member of
11

the governing board of each such Port District appointed
12

by the Chairman or presiding officer thereof to serve in
13

his stead.

14

The President of the
Metro-East Flood Prevention
15

District

Metro-East Sanitary District
or a member of the
16

governing board of such District appointed by the
17

President thereto to serve in his stead.

18

Two members from each of the county boards of counties
19

within the Area of operation having a population of less
20

than 100,000, such members to be appointed by the chairman
21

or presiding officer of such counties and in such manner
22

that one of the 2 members so appointed is the chairman or
23

presiding officer of the relevant county board or an
24

elected member of such board appointed to serve in the
25

stead of such chairman or presiding officer.

26

Three members from each of the county boards of

HB4365 Enrolled
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1

counties within the Area of operation having a population
2

in excess of 100,000, such members to be appointed by the
3

chairman or presiding officer of such counties and in such
4

manner that one of the 3 members so appointed is the
5

chairman or presiding officer of the relevant county board
6

or an elected member of such board appointed to serve in
7

the stead of such chairman or presiding officer; provided,
8

further, that at least one member so appointed from each
9

county having a population in excess of 100,000 shall be a
10

resident in an area of such county outside any city,
11

village or incorporated town, and at least one member so
12

appointed from such counties shall be a resident of a
13

city, village or incorporated town of such county.

14

The Mayor or Village Board President from each city,
15

village or incorporated town in the Area of operation
16

having 4,500 or more inhabitants, or a member of the
17

Council or Village Board appointed by such Mayor or Board
18

President to serve in his stead.

19

One Mayor or Village Board President in each county
20

within the Area of operation from a city, village or
21

incorporated town having fewer than 4,500 inhabitants to
22

be selected by all Mayors or Village Board Presidents of
23

such cities, villages or incorporated towns in each such
24

county.

25

Two members from each township-organized county in the
26

Area of operation who shall be township supervisors

HB4365 Enrolled
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1

appointed by the Chairman of the relevant county board in
2

such a manner that one of the 2 shall represent a township
3

having fewer than 4,500 inhabitants and one of the 2 shall
4

represent a township having more than 4,500 inhabitants,
5

provided that in the event no township in any such county
6

has in excess of 4,500 inhabitants the supervisor of the
7

township in such county which has the largest number of
8

inhabitants shall be one of the 2 members so appointed by
9

that county.

10

Two members from each commission-organized county in
11

the Area of operation who shall be elected officials of
12

either the county board or of a unit of government in such
13

county and who shall be appointed by the Chairman of the
14

County Board of such county.

15

The President of the Southwestern Illinois Council of
16

Mayors or a Mayor of a community within the Area of
17

operation appointed by such President to serve in his
18

stead.

19

One member from among the Illinois members of the
20

East-West Gateway Coordinating Council, elected by said
21

members of said council, provided preference shall be
22

given in this appointment to the Chairman or Vice Chairman
23

of said Council if either or both of those officers is an
24

Illinois resident.
25

Each selecting authority shall give notice of his, or her,
26
or its selections to each other selecting authority, to the

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
Executive Director of the Commission, and to the Secretary of
2
State. Selections or appointments to be made for the first
3
time pursuant to this amendatory Act of 1975 shall be made no
4
later than October 1, 1975 and notice given thereon by that
5
date.
6

In addition to the commissioners provided for above, the
7
following shall also be commissioners selected or appointed
8
and notice thereon given as contemplated by the preceding
9
paragraph:

10

Two members from each county in the Area of operation
11

who shall be a chairman of a county planning commission, a
12

chairman of a municipal planning commission, or a county
13

engineer, such members to be appointed by the Chairman of
14

the County Board.

15

The regional superintendent of schools for each
16

educational service region located in whole or in part
17

within the Area of operation.

18

The President of Southern Illinois University at
19

Edwardsville or a person appointed by him to serve in his
20

stead.

21

The Director of Commerce and Economic Opportunity or a
22

person appointed by him to serve in his stead.

23

The district highway engineer for the Illinois
24

Department of Transportation.

25

The Chairman of the Southwestern Illinois Council on
26

Economic Development composed of the Counties of Madison,

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

St. Clair, Monroe, Randolph, Washington, Bond and Clinton.

2

One representative from each County within the Area of
3

operation who shall be other than an elected official and
4

who shall be appointed by the Chairman of each County
5

Board, provided that each representative so appointed
6

shall be from disadvantaged or minority groups within the
7

County's population.

8

Five Commissioners, appointed by the President of the
9

Commission, with the concurrence of the Executive
10

Committee, one to be selected from each of 5 civic,
11

fraternal, cultural or religious organizations which meet
12

all of the following criteria:

13

(1) has a written charter or constitution and
14

written bylaws;

15

(2) has filed or is eligible to file articles of
16

incorporation pursuant to the General Not for Profit
17

Corporation Act;

18

(3) has been in existence for at least 5 years; and

19

(4) is generally recognized as being substantially
20

representative of the minority population within the
21

Commission's area of operation.
22

The Commission shall develop a fair and reasonable
23
procedure for determining the organizations from which
24
appointments will be made.
25

Within 30 days after selection and before entering upon
26
the duties of his or her office, each commissioner shall take

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
and subscribe to the constitutional oath of office and file it
2
with the Secretary of State.
3

The Commission shall maintain a level of minority
4
membership equal to or greater than proportionate level of
5
minority population which exists within the area of the
6
Commission.
7
(Source: P.A. 94-793, eff. 5-19-06.)

8

Section 20.
The Sanitary District Act of 1907 is amended
9
by changing Sections 29. 29.1, and 29.3 as follows:

10

(70 ILCS 2205/29)

(from Ch. 42, par. 274.1)
11

Sec. 29.
Any sanitary district organized and operated
12
under this Act and having an equalized assessed valuation for
13
tax purposes of $100,000,000 or more may, by referendum as
14
provided in Sections 29.1 through 29.3, be dissolved and a new
15
district created in accordance with the
Metro-East Flood
16
Prevention District Act

"Metro-East Sanitary District Act of
17
1974", enacted by the 78th General Assembly
.
18
(Source: P.A. 78-1017
.)

19

(70 ILCS 2205/29.1)

(from Ch. 42, par. 274.2)
20

Sec. 29.1.
When a petition, signed by at least 300
21
registered voters residing within such sanitary district is
22
filed with the State Board of Elections before the November
23
general election in an even-numbered year, and within the time

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
provided in the general election law, but other than a year in
2
which a regular election for trustees of the district is held,
3
requesting that the proposition that that sanitary district be
4
dissolved and be replaced by a
sanitary
district organized
5
under the
Metro-East Flood Prevention District Act

Metro-East
6
Sanitary District Act of 1974
, the Board shall certify the
7
proposition to the proper election officials who shall submit
8
the proposition to the voters of the district at that general
9
election in accordance with the general election law. The
10
proposition shall be in substantially the following form:
11

Shall the.... Sanitary District be dissolved and be
12
replaced by a
sanitary
district organized under the
Metro-East
13
Flood Prevention District Act

Metro-East Sanitary District Act
14
of 1974
?
15
(Source: P.A. 81-1489.)

16

(70 ILCS 2205/29.3)

(from Ch. 42, par. 274.4)
17

Sec. 29.3.
The State Board of Elections shall proclaim and
18
certify the results of the vote on the proposition. If a
19
majority of those electors properly marking ballots on the
20
proposition vote in favor thereof, the district organized
21
under this Act shall be dissolved, effective upon the
22
expiration of the terms of office of the incumbent trustees,
23
and a new district created as provided in Article I of the
24
Metro-East Flood Prevention District Act

Metro-East Sanitary
25
District Act of 1974
.

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
(Source: P.A. 78-1017
.)

2

Section 25.
The North Shore Water Reclamation District Act
3
is amended by changing Section 19.1 as follows:

4

(70 ILCS 2305/19.1)

(from Ch. 42, par. 295.1)
5

Sec. 19.1.
Acquiring district or municipal treatment
6
works.
7

(a) After incorporation, any district organized under this
8
Act may, in accordance with this Act and an intergovernmental
9
agreement with the sanitary district being acquired or the
10
municipality from whom the treatment works and lines are to be
11
acquired, acquire the territory, treatment works, lines,
12
appurtenances, and other property of (i) any
sanitary
district
13
organized under this Act, the Sanitary District Act of 1907,
14
the Sanitary District Act of 1917, the Sanitary District Act
15
of 1936, or the
Metro-East Flood Prevention District Act

16
Metro-East Sanitary District Act of 1974
or (ii) any
17
municipality whose treatment works were established under the
18
Illinois Municipal Code or the Municipal Wastewater Disposal
19
Zones Act, regardless of whether that district or municipality
20
is contiguous to the acquiring sanitary district. The distance
21
between the sanitary district being acquired or municipality
22
and the acquiring sanitary district, however, as measured
23
between the points on their corporate boundaries that are
24
nearest to each other, shall not exceed 20 miles. In the case

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
of a municipality, only that property used by the municipality
2
for transport, treatment, and discharge of wastewater and for
3
disposal of sewage sludge shall be transferred to the
4
acquiring sanitary district.
5

(b) The board of trustees of the sanitary district being
6
acquired, or the corporate authorities of a municipality whose
7
treatment works is being acquired, shall, jointly with the
8
board of trustees of the acquiring sanitary district, petition
9
the circuit court of the county containing all or the larger
10
portion of the sanitary district being acquired or the
11
municipality to permit the acquisition. The petition shall
12
show the following:

13

(1) The reason for the acquisition.

14

(2) That there are no debts of the sanitary district
15

being acquired or municipality outstanding, or that there
16

are sufficient funds on hand or available to satisfy those
17

debts.

18

(3) That no contract or federal or State permit or
19

grant will be impaired by the acquisition.

20

(4) That all assets and responsibilities of the
21

sanitary district being acquired or municipality, as they
22

relate to wastewater treatment, have been properly
23

assigned to the acquiring sanitary district.

24

(5) That the acquiring sanitary district will pay any
25

court costs incurred in connection with the petition.

26

(6) The boundaries of the acquired sanitary district

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

or municipality as of the date of the petition.
2

(c) Upon adequate notice, including appropriate notice to
3
the Illinois Environmental Protection Agency, the circuit
4
court shall hold a hearing to determine whether there is good
5
cause for the acquisition by the acquiring district and
6
whether the allegations of the petition are true. If the court
7
finds that there is good cause and that the allegations are
8
true, it shall order the acquisition to proceed. If the court
9
finds that there is not good cause for the acquisition or that
10
the allegations of the petition are not true, the court shall
11
dismiss the petition. In either event, the costs shall be
12
taxed against the acquiring sanitary district. The order shall
13
be final. Separate or joint appeals may be taken by any party
14
affected by the order as in other civil cases.
15

(d) If the court orders the acquisition contemplated in
16
the petition, there shall be no further appointments of
17
trustees if the acquired agency is a sanitary district. The
18
trustees of the acquired sanitary district acting at the time
19
of the order shall close up the business affairs of the
20
sanitary district and make the necessary conveyances of title
21
to the sanitary district property in accordance with the
22
intergovernmental agreement between the acquiring and acquired
23
sanitary districts. In the case of a municipality, the
24
governing body of the municipality shall make the necessary
25
conveyances of title to municipal property to the acquiring
26
sanitary district in accordance with the intergovernmental

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
agreement between the municipality and the acquiring sanitary
2
district. The acquiring sanitary district's ordinances shall
3
take effect in the acquired territory upon entry of the order.
4

(e) The acquisition of any sanitary district by another
5
sanitary district or the acquisition of a treatment works from
6
a municipality by another sanitary district shall not affect
7
the obligation of any bonds issued or contracts entered into
8
by the acquired sanitary district or the municipality, nor
9
invalidate the levy, extension, or collection of any taxes or
10
special assessments upon a property in the acquired sanitary
11
district, but all those bonds and contracts shall be
12
discharged. The general obligation indebtedness of the
13
acquired sanitary district shall be paid from the proceeds of
14
continuing taxes and special assessments as provided in this
15
Act.
16

All money remaining after the business affairs of the
17
acquired sanitary district or acquired treatment works of the
18
municipality have been closed up and all debts and obligations
19
of the entities paid shall be paid to the acquiring sanitary
20
district in accordance with the intergovernmental agreement
21
between the parties.
22

(f) The board of trustees of the acquiring sanitary
23
district required to provide sewer service under this Act may
24
levy and collect, for that purpose, a tax on the taxable
25
property within that district. The aggregate amount of the tax
26
shall be as provided in this Act.

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

(g) Any intergovernmental agreement entered into by the
2
parties under this Section shall provide for the imposition or
3
continuance of a user charge system in accordance with the
4
acquiring district's ordinance, the Illinois Environmental
5
Protection Act, and the federal Clean Water Act.
6

(h) All courts shall take judicial notice of the
7
acquisition of the sanitary district being acquired or
8
municipal treatment works by the acquiring sanitary district.
9
(Source: P.A. 87-1060.)

10

Section 30.
The Sanitary District Act of 1917 is amended
11
by changing Sections 1 and 17.1 as follows:

12

(70 ILCS 2405/1)

(from Ch. 42, par. 299)
13

Sec. 1.
Whenever any area of contiguous territory shall
14
contain one or more incorporated cities, towns or villages or
15
parts of one or more incorporated cities, towns or villages,
16
and shall be so situated that the construction and maintenance
17
of a plant or plants for the purification and treatment of
18
sewage and the maintenance of one or more outlets for the
19
drainage thereof, after having been so treated and purified by
20
and through such plant or plants will conduce to the
21
preservation of the public health, comfort and convenience,
22
the same may be incorporated as a sanitary district under this
23
Act in the manner following:
24

Any 100 legal voters, resident within the limits of such

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
proposed sanitary district, may petition the Circuit Court in
2
the county in which the proposed district or the major portion
3
thereof is located, to cause the question to be submitted to
4
the legal voters of such proposed district whether such
5
proposed territory shall be organized as a sanitary district
6
under this Act, such petition shall be addressed to the
7
Circuit Court and shall contain a definite description of the
8
territory to be embraced in such district, and the name of such
9
proposed sanitary district: However, no territory shall be
10
included in any municipal corporation formed hereunder which
11
is not situated within the limits of a city, incorporated town
12
or village, or within 6 miles outside thereof, and no
13
territory shall be included within more than one sanitary
14
district organized under this Act or any other Act, except
15
that territory included within a
sanitary
district organized
16
under the
Metro-East Flood Prevention District Act

Metro-East
17
Sanitary District Act of 1974
may also be included within a
18
sanitary district organized under this Act. Upon filing of
19
such petition in the office of the circuit clerk in the county
20
in which such territory or the major portion thereof is
21
situated, it shall be the duty of the Circuit Court to name 3
22
judges of such Court who shall constitute a board of
23
commissioners which shall have power and authority to consider
24
the boundaries of any such proposed sanitary district, whether
25
the same shall be as described in such petition or otherwise,
26
and the decision of 2 of such commissioners shall be

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
conclusive and not subject to review in any manner, directly
2
or indirectly.
3

Notice shall be given by such court of the time and place
4
where such commissioners will meet, by a publication inserted
5
in one or more daily or weekly papers published in such
6
proposed district, at least 20 days prior to such meeting and
7
if no such newspaper is published in such proposed district,
8
then by posting at least 5 copies of such notice in such
9
proposed district at least 20 days before such hearing.
10

At such meeting all persons in such proposed district
11
shall have an opportunity to be heard touching the location
12
and boundary of such proposed district and to make suggestions
13
regarding the same, and such commissioners, after hearing
14
statements, evidence and suggestions, shall fix and determine
15
the limits and boundaries of such proposed district, and for
16
that purpose and to that extent may alter and amend such
17
petition. After such determination by the commissioners or a
18
majority of them, the same shall be incorporated in an order
19
which shall be entered of record in the Circuit Court. Upon the
20
entering of such order, the Circuit Court shall certify the
21
question to the proper election officials who shall submit the
22
question of organization and establishment of the proposed
23
sanitary district as determined by the commissioners, at an
24
election in accordance with the general election law.
25

Each legal voter resident within such proposed sanitary
26
district shall have the right to cast a ballot at such

HB4365 Enrolled
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1
election. The proposition shall be in substantially the
2
following form:
3
----------------------------------------------

4

For Sanitary District

5
-------------------------------------------------------------

6

Against Sanitary District

7
-------------------------------------------------------------
8

The Circuit Court shall cause a statement of the result of
9
such election to be entered of record in the Circuit Court. If
10
a majority of the votes cast upon the question of
11
incorporation of the proposed sanitary district shall be in
12
favor of the proposed sanitary district, such proposed
13
district shall thenceforth be deemed an organized sanitary
14
district under this Act.
15
(Source: P.A. 83-1425
.)

16

(70 ILCS 2405/17.1)

(from Ch. 42, par. 316.1)
17

Sec. 17.1.
Acquiring district or municipal treatment
18
works.
19

(a) After incorporation, any district organized under this
20
Act may, in accordance with this Act and an intergovernmental
21
agreement with the sanitary district being acquired or the
22
municipality from whom the treatment works and lines are to be
23
acquired, acquire the territory, treatment works, lines,
24
appurtenances, and other property of (i) any
sanitary
district
25
organized under this Act, the Sanitary District Act of 1907,

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1
the North Shore Water Reclamation District Act, the Sanitary
2
District Act of 1936, or the
Metro-East Flood Prevention
3
District Act

Metro-East Sanitary District Act of 1974
or (ii)
4
any municipality whose treatment works were established under
5
the Illinois Municipal Code or the Municipal Wastewater
6
Disposal Zones Act, regardless of whether that district or
7
municipality is contiguous to the acquiring sanitary district.
8
The distance between the sanitary district being acquired or
9
municipality and the acquiring sanitary district, however, as
10
measured between the points on their corporate boundaries that
11
are nearest to each other, shall not exceed 20 miles. In the
12
case of a municipality, only that property used by the
13
municipality for transport, treatment, and discharge of
14
wastewater and for disposal of sewage sludge shall be
15
transferred to the acquiring sanitary district.
16

(b) The board of trustees of the sanitary district being
17
acquired, or the corporate authorities of a municipality whose
18
treatment works is being acquired, shall, jointly with the
19
board of trustees of the acquiring sanitary district, petition
20
the circuit court of the county containing all or the larger
21
portion of the sanitary district being acquired or the
22
municipality to permit the acquisition. The petition shall
23
show the following:
24

(1) The reason for the acquisition.
25

(2) That there are no debts of the sanitary district
26

being acquired or municipality outstanding, or that there

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1

are sufficient funds on hand or available to satisfy those
2

debts.
3

(3) That no contract or federal or State permit or
4

grant will be impaired by the acquisition.
5

(4) That all assets and responsibilities of the
6

sanitary district being acquired or municipality, as they
7

relate to wastewater treatment, have been properly
8

assigned to the acquiring sanitary district.
9

(5) That the acquiring sanitary district will pay any
10

court costs incurred in connection with the petition.
11

(6) The boundaries of the acquired sanitary district
12

or municipality as of the date of the petition.
13

(c) Upon adequate notice, including appropriate notice to
14
the Illinois Environmental Protection Agency, the circuit
15
court shall hold a hearing to determine whether there is good
16
cause for the acquisition by the acquiring district and
17
whether the allegations of the petition are true. If the court
18
finds that there is good cause and that the allegations are
19
true, it shall order the acquisition to proceed. If the court
20
finds that there is not good cause for the acquisition or that
21
the allegations of the petition are not true, the court shall
22
dismiss the petition. In either event, the costs shall be
23
taxed against the acquiring sanitary district. The order shall
24
be final. Separate or joint appeals may be taken by any party
25
affected by the order as in other civil cases.
26

(d) If the court orders the acquisition contemplated in

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1
the petition, there shall be no further appointments of
2
trustees if the acquired agency is a sanitary district. The
3
trustees of the acquired sanitary district acting at the time
4
of the order shall close up the business affairs of the
5
sanitary district and make the necessary conveyances of title
6
to the sanitary district property in accordance with the
7
intergovernmental agreement between the acquiring and acquired
8
sanitary districts. In the case of a municipality, the
9
governing body of the municipality shall make the necessary
10
conveyances of title to municipal property to the acquiring
11
sanitary district in accordance with the intergovernmental
12
agreement between the municipality and the acquiring sanitary
13
district. The acquiring sanitary district's ordinances take
14
effect in the acquired territory upon entry of the order.
15

(e) The acquisition of any sanitary district by another
16
sanitary district or the acquisition of a treatment works from
17
a municipality by another sanitary district shall not affect
18
the obligation of any bonds issued or contracts entered into
19
by the acquired sanitary district or the municipality, nor
20
invalidate the levy, extension, or collection of any taxes or
21
special assessments upon a property in the acquired sanitary
22
district, but all those bonds and contracts shall be
23
discharged. The general obligation indebtedness of the
24
acquired sanitary district shall be paid from the proceeds of
25
continuing taxes and special assessments as provided in this
26
Act.

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1

All money remaining after the business affairs of the
2
acquired sanitary district or acquired treatment works of the
3
municipality have been closed up and all debts and obligations
4
of the entities paid shall be paid to the acquiring sanitary
5
district in accordance with the intergovernmental agreement
6
between the parties.
7

(f) The board of trustees of the acquiring sanitary
8
district required to provide sewer service under this Act may
9
levy and collect, for that purpose, a tax on the taxable
10
property within that district. The aggregate amount of the tax
11
shall be as provided in this Act.
12

(g) Any intergovernmental agreement entered into by the
13
parties under this Section shall provide for the imposition or
14
continuance of a user charge system in accordance with the
15
acquiring district's ordinance, the Illinois Environmental
16
Protection Act, and the federal Clean Water Act.
17

(h) All courts shall take judicial notice of the
18
acquisition of the sanitary district being acquired or
19
municipal treatment works by the acquiring sanitary district.
20
(Source: P.A. 99-669, eff. 7-29-16.)

21

Section 35.
The Metro-East Sanitary District Act of 1974
22
is amended by changing the Act title and Sections 1-1, 3-1, and
23
5-1 as follows:

24

(70 ILCS 2905/Act title)

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1

An Act
concerning local government

authorizing the
2
reorganization of certain sanitary districts
.

3

(70 ILCS 2905/1-1)

(from Ch. 42, par. 501-1)
4

Sec. 1-1.
This Act shall be known and may be cited as the
5
Metro-East Flood Prevention District Act

"Metro-East Sanitary
6
District Act of 1974"
.
7
(Source: P.A. 78-1017
.)

8

(70 ILCS 2905/3-1)

(from Ch. 42, par. 503-1)
9

Sec. 3-1.
The district shall be governed by a Board of
10
Commissioners, consisting of 5 commissioners. Two of the
11
commissioners shall be residents of that portion of the
12
district in the county having the greater equalized assessed
13
valuation
within the district's boundaries

of the district
,
14
and 2 shall be residents of that portion of the district
within

15
in
the other county. The appointment of commissioners from
16
each county shall be made by the chairman of the county board
17
of that county with the advice and consent of the county board,
18
except that in the case of a home rule county as defined by
19
Article VII, Section 6, of the Constitution of 1970 the
20
appointment shall be made by the chief executive officer of
21
the county with the advice and consent of the county board.
22
Beginning on the effective date of this amendatory Act of the
23
101st General Assembly, the mayor, or his or her designee, of
24
the largest municipality in the county having the greater

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1
equalized assessed valuation
within the district's boundaries

2
of the district
shall be an ex officio commissioner with a
3
right to vote. If there is not a vacant commissioner position
4
from the county having the greater equalized assessed
5
valuation on the effective date of this amendatory Act of the
6
101st General Assembly, then the term of the last appointed
7
commissioner from that county is terminated on the effective
8
date of this amendatory Act of the 101st General Assembly.
9

The appointed commissioners from each county may not be
10
from the same political party.
11

The County Board Chairman of either county may remove any
12
of the appointed commissioners from his or her county with the
13
advice and consent of the county board.
14

In the first appointments to the Board of Commissioners,
15
the appointing authority appointing 3 directors shall
16
designate one appointee to serve for a term of one year, one
17
for a term of 3 years and one for a term of 5 years, and the
18
appointing authority appointing 2 directors shall designate
19
one to serve for a term of 2 years and one for a term of 4
20
years. Thereafter one commissioner shall be appointed by the
21
appropriate appointing authority each year for a term of 5
22
years to succeed the director whose term expires in that year.
23
Any vacancy on the Board of Commissioners shall be filled by
24
appointment by the appropriate appointing authority for the
25
remainder of the unexpired term.
26

For the purpose of determining the ex officio

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1
commissioner, the county having the greater equalized assessed
2
valuation of the district shall be established on January 1 of
3
each year, and the ex officio commissioner shall serve until
4
January 1 of the following year.
5
(Source: P.A. 101-308, eff. 1-1-20
.)

6

(70 ILCS 2905/5-1)

(from Ch. 42, par. 505-1)
7

Sec. 5-1.
Taxes; levy.
8

(a) The board may levy and collect taxes for corporate
9
purposes on taxable property within the corporate boundaries
10
of the district including property annexed pursuant to Section
11
2-11. Such taxes shall be levied by ordinance specifying the
12
purposes for which the same are required, and a certified copy
13
of such ordinance shall be filed with the county clerk of the
14
county in which the predecessor district was organized, on or
15
before the second Tuesday in August, as provided in Section
16
122 of the Revenue Act of 1939 (superseded by Section 14-10 of
17
the Property Tax Code). Any excess funds accumulated prior to
18
January 1, 2008 by the sanitary district that are collected by
19
levying taxes pursuant to 745 ILCS 10/9-107 may be expended by
20
the sanitary district to maintain, repair, improve, or
21
construct levees or any part of the levee system and to provide
22
capital moneys for levee or river-related scientific studies,
23
including the construction of facilities for such purposes.
24
For the purposes of this subsection (a), the excess funds
25
withdrawn from the Local Governmental and Governmental

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1
Employees Tort Immunity Fund may not be more than 90% of the
2
balance of that fund on December 31, 2007. After the
3
assessment for the current year has been equalized by the
4
Department of Revenue, the board shall, as soon as may be,
5
ascertain and certify to such county clerk the total value of
6
all taxable property lying within the corporate limits of such
7
districts in each of the counties in which the district is
8
situated, as the same is assessed and equalized for tax
9
purposes for the current year. The county clerk shall
10
ascertain the rate per cent which, upon the total valuation of
11
all such property, ascertained as above stated, would produce
12
a net amount not less than the amount so directed to be levied;
13
and the clerk shall, without delay, certify under his
14
signature and seal of office to the county clerk of such other
15
county, in which a portion of the district is situated such
16
rate per cent; and it shall be the duty of each of the county
17
clerks to extend such tax in a separate column upon the books
18
of the collector or collectors of the county taxes for the
19
counties, against all property in their respective counties,
20
within the limits of the district. All taxes so levied and
21
certified shall be collected and enforced in the same manner,
22
and by the same officers as county taxes, and shall be paid
23
over by the officers collecting the same, to the treasurer of
24
the sanitary district, in the manner and at the time provided
25
by the Property Tax Code. The aggregate amount of taxes levied
26
for any one year, exclusive of the amount levied for the

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1
payment of bonded indebtedness and interest thereon, shall not
2
exceed the rate of .20%, or the rate limitation of the
3
predecessor district in effect on July 1, 1967, or the rate
4
limitation set by subsection (b) whichever is greater, of
5
value, as equalized or assessed by the Department of Revenue.
6
The foregoing limitations upon tax rates may be increased or
7
decreased under the referendum provisions of the Property Tax
8
Code.
9

(b) The tax rate limit of the district may be changed to
10
.478% of the value of property as equalized or assessed by the
11
Department of Revenue for a period of 5 years and to .312% of
12
such value thereafter upon the approval of the electors of the
13
district of such a proposition submitted at any regular
14
election pursuant to a resolution of the board of
15
commissioners or submitted at an election for officers of the
16
counties of St. Clair and Madison in accordance with the
17
general election law upon a petition signed by not fewer than
18
10% of the legal voters in the district, which percentage
19
shall be determined on the basis of the number of votes cast at
20
the last general election preceding the filing of such
21
petition specifying the tax rate to be submitted. Such
22
petition shall be filed with the executive director of the
23
district not more than 10 months nor less than 5 months prior
24
to the election at which the question is to be submitted to the
25
voters of the district, and its validity shall be determined
26
as provided by the general election law. The executive

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1
director shall certify the question to the proper election
2
officials, who shall submit the question to the voters.
3

Notice shall be given in the manner provided by the
4
general election law.
5

Referenda initiated under this subsection shall be subject
6
to the provisions and limitations of the general election law.
7

The question shall be in substantially the following form:
8
-

9

Shall the maximum tax rate

10
for the
Metro-East Flood Prevention District

Metro-East
11
Sanitary

12
District
be established at YES

13
.478% of the equalized assessed

14
value for 5 years and then at .312%
-----------------------

15
of the equalized assessed value

16
thereafter, instead of .2168%, the NO

17
maximum rate otherwise applicable

18
to the next taxes to be extended?

19
-------------------------------------------------------------
20

The ballot shall have printed thereon, but not as a part of
21
the proposition submitted, an estimate of the approximate
22
amount extendable under the proposed rate and of the
23
approximate amount extendable under the rate otherwise
24
applicable to the next taxes to be extended, such amounts
25
being computed upon the last known equalized assessed value;
26
provided, that any error, miscalculation or inaccuracy in

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1
computing such amounts shall not invalidate or affect the
2
validity of any tax rate limit so adopted.
3

If a majority of all ballots cast on such proposition
4
shall be in favor of the proposition, the tax rate limit so
5
established shall become effective with the levy next
6
following the referendum; provided that nothing in this
7
subsection shall be construed as precluding the extension of
8
taxes at rates less than that authorized by such referendum.
9

Except as herein otherwise provided, the referenda
10
authorized by the terms of this subsection shall be conducted
11
in all respects in the manner provided by the general election
12
law.
13
(Source: P.A. 95-723, eff. 6-23-08; 96-1070, eff. 1-1-11.)

14

Section 40.
The Public Utilities Act is amended by
15
changing Section 5-106 as follows:

16

(220 ILCS 5/5-106)

(from Ch. 111 2/3, par. 5-106)
17

Sec. 5-106.
Each public utility shall have an office in
18
one of the cities, villages or incorporated towns in this
19
State in which its property or some part thereof is located,
20
and shall keep in said office all such books, accounts,
21
papers, records and memoranda as shall be ordered by the
22
Commission to be kept within the State. The address of such
23
office shall be filed with the Commission. No books, accounts,
24
papers, records or memoranda ordered by the Commission to be

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1
kept within the State shall be at any time removed from the
2
State, except upon such conditions as may be prescribed by the
3
Commission.
4

Each public utility shall be liable for, and upon proper
5
invoice from the Commission shall promptly reimburse the
6
Commission for, the reasonable costs and expenses associated
7
with the audit or inspection of any books, accounts, papers,
8
records and memoranda kept outside the State.
9

In the case of a public utility that provides drinking
10
water services, upon the request of a municipal wastewater
11
agency or unit of local government organized under the
12
Sanitary District Act of 1907, the North Shore Water
13
Reclamation District Act, the Sanitary District Act of 1917,
14
the Metropolitan Water Reclamation District Act, the Sanitary
15
District Act of 1936, the
Metro-East Flood Prevention District
16
Act

Metro-East Sanitary District Act of 1974
, or the Eastern
17
Will Sanitary District Act, such public utility shall provide
18
timely and accurate water usage data, in a format identifiable
19
to the requester, for purposes of calculating wastewater
20
billings. The public utility shall be entitled to collect its
21
reasonable costs incurred to provide such data.
22
(Source: P.A. 103-716, eff. 1-1-25
.)

23

Section 45.
The Eminent Domain Act is amended by changing
24
Section 15-5-15 as follows:

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1

(735 ILCS 30/15-5-15)
2

(Text of Section before amendment by P.A. 104-457
)
3

Sec. 15-5-15.
Eminent domain powers in ILCS Chapters 70
4
through 75.
The following provisions of law may include
5
express grants of the power to acquire property by
6
condemnation or eminent domain:

7
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
8

authorities; for public airport facilities.
9
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
10

authorities; for removal of airport hazards.
11
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
12

authorities; for reduction of the height of objects or
13

structures.
14
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
15

airport authorities; for general purposes.
16
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
17

Act; Kankakee River Valley Area Airport Authority; for
18

acquisition of land for airports.
19
(70 ILCS 200/2-20); Civic Center Code; civic center
20

authorities; for grounds, centers, buildings, and parking.
21
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
22

Authority; for grounds, centers, buildings, and parking.
23
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
24

Exposition, Auditorium and Office Building Authority; for
25

grounds, centers, buildings, and parking.

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1
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
2

Authority; for grounds, centers, buildings, and parking.
3
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
4

Center Authority; for grounds, centers, buildings, and
5

parking.
6
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
7

District Civic Center Authority; for grounds, centers,
8

buildings, and parking.
9
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
10

Center Authority; for grounds, centers, buildings, and
11

parking.
12
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
13

Center Authority; for grounds, centers, buildings, and
14

parking.
15
(70 ILCS 200/60-30); Civic Center Code; Collinsville
16

Metropolitan Exposition, Auditorium and Office Building
17

Authority; for grounds, centers, buildings, and parking.
18
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
19

Center Authority; for grounds, centers, buildings, and
20

parking.
21
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
22

Exposition, Auditorium and Office Building Authority; for
23

grounds, centers, buildings, and parking.
24
(70 ILCS 200/80-15); Civic Center Code; DuPage County
25

Metropolitan Exposition, Auditorium and Office Building
26

Authority; for grounds, centers, buildings, and parking.

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1
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
2

Exposition, Auditorium and Office Building Authority; for
3

grounds, centers, buildings, and parking.
4
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
5

Exposition, Auditorium and Office Building Authority; for
6

grounds, centers, buildings, and parking.
7
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
8

Center Authority; for grounds, centers, buildings, and
9

parking.
10
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
11

Center Authority; for grounds, centers, buildings, and
12

parking.
13
(70 ILCS 200/120-25); Civic Center Code; Jefferson County
14

Metropolitan Exposition, Auditorium and Office Building
15

Authority; for grounds, centers, buildings, and parking.
16
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
17

Civic Center Authority; for grounds, centers, buildings,
18

and parking.
19
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
20

Metropolitan Exposition, Auditorium and Office Building
21

Authority; for grounds, centers, buildings, and parking.
22
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
23

Authority; for grounds, centers, buildings, and parking.
24
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
25

Center Authority; for grounds, centers, buildings, and
26

parking.

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1
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
2

Civic Center Authority; for grounds, centers, buildings,
3

and parking.
4
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
5

Authority; for grounds, centers, buildings, and parking.
6
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
7

Metropolitan Exposition Auditorium and Office Building
8

Authority; for grounds, centers, buildings, and parking.
9
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
10

Exposition, Auditorium and Office Building Authorities;
11

for general purposes.
12
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
13

Authority; for grounds, centers, buildings, and parking.
14
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
15

Authority; for grounds, centers, buildings, and parking.
16
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
17

Authority; for grounds, centers, buildings, and parking.
18
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
19

Authority; for grounds, centers, buildings, and parking.
20
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
21

Authority; for grounds, centers, buildings, and parking.
22
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
23

Authority; for grounds, centers, buildings, and parking.
24
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
25

Civic Center Authority; for grounds, centers, buildings,
26

and parking.

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1
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
2

Exposition, Auditorium and Office Building Authority; for
3

grounds, centers, buildings, and parking.
4
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
5

Center Authority; for grounds, centers, buildings, and
6

parking.
7
(70 ILCS 200/230-35); Civic Center Code; River Forest
8

Metropolitan Exposition, Auditorium and Office Building
9

Authority; for grounds, centers, buildings, and parking.
10
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic
11

Center Authority; for grounds, centers, buildings, and
12

parking.
13
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
14

Authority; for grounds, centers, buildings, and parking.
15
(70 ILCS 200/255-20); Civic Center Code; Springfield
16

Metropolitan Exposition and Auditorium Authority; for
17

grounds, centers, and parking.
18
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
19

Exposition, Auditorium and Office Building Authority; for
20

grounds, centers, buildings, and parking.
21
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
22

Metropolitan Exposition, Auditorium and Office Building
23

Authority; for grounds, centers, buildings, and parking.
24
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
25

Authority; for grounds, centers, buildings, and parking.
26
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic

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LRB104 17396 RTM 30821 b
1

Center Authority; for grounds, centers, buildings, and
2

parking.
3
(70 ILCS 200/280-20); Civic Center Code; Will County
4

Metropolitan Exposition and Auditorium Authority; for
5

grounds, centers, and parking.
6
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
7

Act; Metropolitan Pier and Exposition Authority; for
8

general purposes, including quick-take power.
9
(70 ILCS 405/22.04); Soil and Water Conservation Districts
10

Act; soil and water conservation districts; for general
11

purposes.
12
(70 ILCS 410/10 and 410/12); Conservation District Act;
13

conservation districts; for open space, wildland, scenic
14

roadway, pathway, outdoor recreation, or other
15

conservation benefits.
16
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
17

Redevelopment Commission Act; Chanute-Rantoul National
18

Aviation Center Redevelopment Commission; for general
19

purposes.
20
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
21

Fort Sheridan Redevelopment Commission; for general
22

purposes or to carry out comprehensive or redevelopment
23

plans.
24
(70 ILCS 520/8); Southwestern Illinois Development Authority
25

Act; Southwestern Illinois Development Authority; for
26

general purposes, including quick-take power.

HB4365 Enrolled
- 37 -
LRB104 17396 RTM 30821 b
1
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
2

drainage districts; for general purposes.
3
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
4

corporate authorities; for construction and maintenance of
5

works.
6
(70 ILCS 705/10); Fire Protection District Act; fire
7

protection districts; for general purposes.
8
(70 ILCS 750/20); Flood Prevention District Act; flood
9

prevention districts; for general purposes.
10
(70 ILCS 805/6); Downstate Forest Preserve District Act;
11

certain forest preserve districts; for general purposes.
12
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
13

certain forest preserve districts; for recreational and
14

cultural facilities.
15
(70 ILCS 810/8); Cook County Forest Preserve District Act;
16

Forest Preserve District of Cook County; for general
17

purposes.
18
(70 ILCS 810/38); Cook County Forest Preserve District Act;
19

Forest Preserve District of Cook County; for recreational
20

facilities.
21
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
22

districts; for hospitals or hospital facilities.
23
(70 ILCS 915/3); Illinois Medical District Act; Illinois
24

Medical District Commission; for general purposes.
25
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
26

Medical District Commission; quick-take power for the

HB4365 Enrolled
- 38 -
LRB104 17396 RTM 30821 b
1

Illinois State Police Forensic Science Laboratory
2

(obsolete).
3
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
4

tuberculosis sanitarium districts; for tuberculosis
5

sanitariums.
6
(70 ILCS 925/20); Mid-Illinois Medical District Act;
7

Mid-Illinois Medical District; for general purposes.
8
(70 ILCS 930/20); Mid-America Medical District Act;
9

Mid-America Medical District Commission; for general
10

purposes.
11
(70 ILCS 935/20); Roseland Community Medical District Act;
12

medical district; for general purposes.
13
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
14

abatement districts; for general purposes.
15
(70 ILCS 1105/8); Museum District Act; museum districts; for
16

general purposes.
17
(70 ILCS 1205/7-1); Park District Code; park districts; for
18

streets and other purposes.
19
(70 ILCS 1205/8-1); Park District Code; park districts; for
20

parks.
21
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
22

districts; for airports and landing fields.
23
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
24

districts; for State land abutting public water and
25

certain access rights.
26
(70 ILCS 1205/11.1-3); Park District Code; park districts; for

HB4365 Enrolled
- 39 -
LRB104 17396 RTM 30821 b
1

harbors.
2
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
3

park districts; for street widening.
4
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
5

Control Act; park districts; for parks, boulevards,
6

driveways, parkways, viaducts, bridges, or tunnels.
7
(70 ILCS 1250/2); Park Commissioners Street Control (1889)
8

Act; park districts; for boulevards or driveways.
9
(70 ILCS 1290/1); Park District Aquarium and Museum Act;
10

municipalities or park districts; for aquariums or
11

museums.
12
(70 ILCS 1305/2); Park District Airport Zoning Act; park
13

districts; for restriction of the height of structures.
14
(70 ILCS 1310/5); Park District Elevated Highway Act; park
15

districts; for elevated highways.
16
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
17

District; for parks and other purposes.
18
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
19

District; for parking lots or garages.
20
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
21

District; for harbors.
22
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
23

Act; Lincoln Park Commissioners; for land and interests in
24

land, including riparian rights.
25
(70 ILCS 1801/30); Alexander-Cairo Port District Act;
26

Alexander-Cairo Port District; for general purposes.

HB4365 Enrolled
- 40 -
LRB104 17396 RTM 30821 b
1
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
2

Regional Port District; for general purposes.
3
(70 ILCS 1810/7); Illinois International Port District Act;
4

Illinois International Port District; for general
5

purposes.
6
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
7

Illinois Valley Regional Port District; for general
8

purposes.
9
(70 ILCS 1820/4); Jackson-Union Counties Regional Port
10

District Act; Jackson-Union Counties Regional Port
11

District; for removal of airport hazards or reduction of
12

the height of objects or structures.
13
(70 ILCS 1820/5); Jackson-Union Counties Regional Port
14

District Act; Jackson-Union Counties Regional Port
15

District; for general purposes.
16
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
17

Regional Port District; for removal of airport hazards.
18
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
19

Regional Port District; for reduction of the height of
20

objects or structures.
21
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
22

Regional Port District; for removal of hazards from ports
23

and terminals.
24
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
25

Regional Port District; for general purposes.
26
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;

HB4365 Enrolled
- 41 -
LRB104 17396 RTM 30821 b
1

Kaskaskia Regional Port District; for removal of hazards
2

from ports and terminals.
3
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
4

Kaskaskia Regional Port District; for general purposes.
5
(70 ILCS 1831/30); Massac-Metropolis Port District Act;
6

Massac-Metropolis Port District; for general purposes.
7
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
8

Mt. Carmel Regional Port District; for removal of airport
9

hazards.
10
(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
11

District; for general purposes.
12
(70 ILCS 1842/30 and 1842/35); Rock Island Regional Port
13

District Act; Rock Island Regional Port District and
14

participating municipalities; for general Port District
15

purposes.
16
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
17

Regional Port District; for removal of airport hazards.
18
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
19

Regional Port District; for reduction of the height of
20

objects or structures.
21
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
22

Regional Port District; for general purposes.
23
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
24

Shawneetown Regional Port District; for removal of airport
25

hazards or reduction of the height of objects or
26

structures.

HB4365 Enrolled
- 42 -
LRB104 17396 RTM 30821 b
1
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
2

Shawneetown Regional Port District; for general purposes.
3
(70 ILCS 1860/4); Tri-City Regional Port District Act;
4

Tri-City Regional Port District; for removal of airport
5

hazards.
6
(70 ILCS 1860/5); Tri-City Regional Port District Act;
7

Tri-City Regional Port District; for the development of
8

facilities.
9
(70 ILCS 1863/11); Upper Mississippi River International Port
10

District Act; Upper Mississippi River International Port
11

District; for general purposes.
12
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
13

District; for removal of airport hazards.
14
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
15

District; for restricting the height of objects or
16

structures.
17
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
18

District; for the development of facilities.
19
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
20

Terminal Authority (Chicago); for general purposes.
21
(70 ILCS 2105/9b); River Conservancy Districts Act; river
22

conservancy districts; for general purposes.
23
(70 ILCS 2105/10a); River Conservancy Districts Act; river
24

conservancy districts; for corporate purposes.
25
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
26

districts; for corporate purposes.

HB4365 Enrolled
- 43 -
LRB104 17396 RTM 30821 b
1
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
2

districts; for improvements and works.
3
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
4

districts; for access to property.
5
(70 ILCS 2305/8); North Shore Water Reclamation District Act;
6

North Shore Water Reclamation District; for corporate
7

purposes.
8
(70 ILCS 2305/15); North Shore Water Reclamation District Act;
9

North Shore Water Reclamation District; for improvements.
10
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
11

District of Decatur; for carrying out agreements to sell,
12

convey, or disburse treated wastewater to a private
13

entity.
14
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
15

districts; for corporate purposes.
16
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
17

districts; for improvements.
18
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
19

1917; sanitary districts; for waterworks.
20
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
21

districts; for public sewer and water utility treatment
22

works.
23
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
24

districts; for dams or other structures to regulate water
25

flow.
26
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;

HB4365 Enrolled
- 44 -
LRB104 17396 RTM 30821 b
1

Metropolitan Water Reclamation District; for corporate
2

purposes.
3
(70 ILCS 2605/16); Metropolitan Water Reclamation District
4

Act; Metropolitan Water Reclamation District; quick-take
5

power for improvements.
6
(70 ILCS 2605/17); Metropolitan Water Reclamation District
7

Act; Metropolitan Water Reclamation District; for bridges.
8
(70 ILCS 2605/35); Metropolitan Water Reclamation District
9

Act; Metropolitan Water Reclamation District; for widening
10

and deepening a navigable stream.
11
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
12

districts; for corporate purposes.
13
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
14

districts; for improvements.
15
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
16

1936; sanitary districts; for drainage systems.
17
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
18

districts; for dams or other structures to regulate water
19

flow.
20
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
21

districts; for water supply.
22
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
23

districts; for waterworks.
24
(70 ILCS 2905/2-7);
Metro-East Flood Prevention District Act

25

Metro-East Sanitary District Act of 1974
;
Metro-East Flood
26

Prevention District

Metro-East Sanitary District
; for

HB4365 Enrolled
- 45 -
LRB104 17396 RTM 30821 b
1

corporate purposes.
2
(70 ILCS 2905/2-8);
Metro-East Flood Prevention District Act

3

Metro-East Sanitary District Act of 1974
;
Metro-East Flood
4

Prevention District

Metro-East Sanitary District
; for
5

access to property.
6
(70 ILCS 3010/10); Sanitary District Revenue Bond Act;
7

sanitary districts; for sewerage systems.
8
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
9

Illinois Sports Facilities Authority; quick-take power for
10

its corporate purposes (obsolete).
11
(70 ILCS 3405/16); Surface Water Protection District Act;
12

surface water protection districts; for corporate
13

purposes.
14
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
15

Transit Authority; for transportation systems.
16
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
17

Transit Authority; for general purposes.
18
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
19

Transit Authority; for general purposes, including
20

railroad property.
21
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
22

local mass transit districts; for general purposes.
23
(70 ILCS 3615/2.13); Regional Transportation Authority Act;
24

Regional Transportation Authority; for general purposes.
25
(70 ILCS 3705/8 and 3705/12); Public Water District Act;
26

public water districts; for waterworks.

HB4365 Enrolled
- 46 -
LRB104 17396 RTM 30821 b
1
(70 ILCS 3705/23a); Public Water District Act; public water
2

districts; for sewerage properties.
3
(70 ILCS 3705/23e); Public Water District Act; public water
4

districts; for combined waterworks and sewerage systems.
5
(70 ILCS 3715/6); Water Authorities Act; water authorities;
6

for facilities to ensure adequate water supply.
7
(70 ILCS 3715/27); Water Authorities Act; water authorities;
8

for access to property.
9
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
10

trustees; for library buildings.
11
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
12

public library districts; for general purposes.
13
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
14

authorities of city or park district, or board of park
15

commissioners; for free public library buildings.
16
(Source: 104-435, eff. 11-21-25; 104-454, eff. 12-12-25;
17
revised 1-8-26.)

18

(Text of Section after amendment by P.A. 104-457
)
19

Sec. 15-5-15.
Eminent domain powers in ILCS Chapters 70
20
through 75.
The following provisions of law may include
21
express grants of the power to acquire property by
22
condemnation or eminent domain:

23
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
24

authorities; for public airport facilities.

HB4365 Enrolled
- 47 -
LRB104 17396 RTM 30821 b
1
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
2

authorities; for removal of airport hazards.
3
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
4

authorities; for reduction of the height of objects or
5

structures.
6
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
7

airport authorities; for general purposes.
8
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
9

Act; Kankakee River Valley Area Airport Authority; for
10

acquisition of land for airports.
11
(70 ILCS 200/2-20); Civic Center Code; civic center
12

authorities; for grounds, centers, buildings, and parking.
13
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
14

Authority; for grounds, centers, buildings, and parking.
15
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
16

Exposition, Auditorium and Office Building Authority; for
17

grounds, centers, buildings, and parking.
18
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
19

Authority; for grounds, centers, buildings, and parking.
20
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
21

Center Authority; for grounds, centers, buildings, and
22

parking.
23
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
24

District Civic Center Authority; for grounds, centers,
25

buildings, and parking.
26
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic

HB4365 Enrolled
- 48 -
LRB104 17396 RTM 30821 b
1

Center Authority; for grounds, centers, buildings, and
2

parking.
3
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
4

Center Authority; for grounds, centers, buildings, and
5

parking.
6
(70 ILCS 200/60-30); Civic Center Code; Collinsville
7

Metropolitan Exposition, Auditorium and Office Building
8

Authority; for grounds, centers, buildings, and parking.
9
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
10

Center Authority; for grounds, centers, buildings, and
11

parking.
12
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
13

Exposition, Auditorium and Office Building Authority; for
14

grounds, centers, buildings, and parking.
15
(70 ILCS 200/80-15); Civic Center Code; DuPage County
16

Metropolitan Exposition, Auditorium and Office Building
17

Authority; for grounds, centers, buildings, and parking.
18
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
19

Exposition, Auditorium and Office Building Authority; for
20

grounds, centers, buildings, and parking.
21
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
22

Exposition, Auditorium and Office Building Authority; for
23

grounds, centers, buildings, and parking.
24
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
25

Center Authority; for grounds, centers, buildings, and
26

parking.

HB4365 Enrolled
- 49 -
LRB104 17396 RTM 30821 b
1
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
2

Center Authority; for grounds, centers, buildings, and
3

parking.
4
(70 ILCS 200/120-25); Civic Center Code; Jefferson County
5

Metropolitan Exposition, Auditorium and Office Building
6

Authority; for grounds, centers, buildings, and parking.
7
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
8

Civic Center Authority; for grounds, centers, buildings,
9

and parking.
10
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
11

Metropolitan Exposition, Auditorium and Office Building
12

Authority; for grounds, centers, buildings, and parking.
13
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
14

Authority; for grounds, centers, buildings, and parking.
15
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
16

Center Authority; for grounds, centers, buildings, and
17

parking.
18
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
19

Civic Center Authority; for grounds, centers, buildings,
20

and parking.
21
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
22

Authority; for grounds, centers, buildings, and parking.
23
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
24

Metropolitan Exposition Auditorium and Office Building
25

Authority; for grounds, centers, buildings, and parking.
26
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan

HB4365 Enrolled
- 50 -
LRB104 17396 RTM 30821 b
1

Exposition, Auditorium and Office Building Authorities;
2

for general purposes.
3
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
4

Authority; for grounds, centers, buildings, and parking.
5
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
6

Authority; for grounds, centers, buildings, and parking.
7
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
8

Authority; for grounds, centers, buildings, and parking.
9
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
10

Authority; for grounds, centers, buildings, and parking.
11
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
12

Authority; for grounds, centers, buildings, and parking.
13
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
14

Authority; for grounds, centers, buildings, and parking.
15
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
16

Civic Center Authority; for grounds, centers, buildings,
17

and parking.
18
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
19

Exposition, Auditorium and Office Building Authority; for
20

grounds, centers, buildings, and parking.
21
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
22

Center Authority; for grounds, centers, buildings, and
23

parking.
24
(70 ILCS 200/230-35); Civic Center Code; River Forest
25

Metropolitan Exposition, Auditorium and Office Building
26

Authority; for grounds, centers, buildings, and parking.

HB4365 Enrolled
- 51 -
LRB104 17396 RTM 30821 b
1
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic
2

Center Authority; for grounds, centers, buildings, and
3

parking.
4
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
5

Authority; for grounds, centers, buildings, and parking.
6
(70 ILCS 200/255-20); Civic Center Code; Springfield
7

Metropolitan Exposition and Auditorium Authority; for
8

grounds, centers, and parking.
9
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
10

Exposition, Auditorium and Office Building Authority; for
11

grounds, centers, buildings, and parking.
12
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
13

Metropolitan Exposition, Auditorium and Office Building
14

Authority; for grounds, centers, buildings, and parking.
15
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
16

Authority; for grounds, centers, buildings, and parking.
17
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
18

Center Authority; for grounds, centers, buildings, and
19

parking.
20
(70 ILCS 200/280-20); Civic Center Code; Will County
21

Metropolitan Exposition and Auditorium Authority; for
22

grounds, centers, and parking.
23
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
24

Act; Metropolitan Pier and Exposition Authority; for
25

general purposes, including quick-take power.
26
(70 ILCS 405/22.04); Soil and Water Conservation Districts

HB4365 Enrolled
- 52 -
LRB104 17396 RTM 30821 b
1

Act; soil and water conservation districts; for general
2

purposes.
3
(70 ILCS 410/10 and 410/12); Conservation District Act;
4

conservation districts; for open space, wildland, scenic
5

roadway, pathway, outdoor recreation, or other
6

conservation benefits.
7
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
8

Redevelopment Commission Act; Chanute-Rantoul National
9

Aviation Center Redevelopment Commission; for general
10

purposes.
11
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
12

Fort Sheridan Redevelopment Commission; for general
13

purposes or to carry out comprehensive or redevelopment
14

plans.
15
(70 ILCS 520/8); Southwestern Illinois Development Authority
16

Act; Southwestern Illinois Development Authority; for
17

general purposes, including quick-take power.
18
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
19

drainage districts; for general purposes.
20
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
21

corporate authorities; for construction and maintenance of
22

works.
23
(70 ILCS 705/10); Fire Protection District Act; fire
24

protection districts; for general purposes.
25
(70 ILCS 750/20); Flood Prevention District Act; flood
26

prevention districts; for general purposes.

HB4365 Enrolled
- 53 -
LRB104 17396 RTM 30821 b
1
(70 ILCS 805/6); Downstate Forest Preserve District Act;
2

certain forest preserve districts; for general purposes.
3
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
4

certain forest preserve districts; for recreational and
5

cultural facilities.
6
(70 ILCS 810/8); Cook County Forest Preserve District Act;
7

Forest Preserve District of Cook County; for general
8

purposes.
9
(70 ILCS 810/38); Cook County Forest Preserve District Act;
10

Forest Preserve District of Cook County; for recreational
11

facilities.
12
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
13

districts; for hospitals or hospital facilities.
14
(70 ILCS 915/3); Illinois Medical District Act; Illinois
15

Medical District Commission; for general purposes.
16
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
17

Medical District Commission; quick-take power for the
18

Illinois State Police Forensic Science Laboratory
19

(obsolete).
20
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
21

tuberculosis sanitarium districts; for tuberculosis
22

sanitariums.
23
(70 ILCS 925/20); Mid-Illinois Medical District Act;
24

Mid-Illinois Medical District; for general purposes.
25
(70 ILCS 930/20); Mid-America Medical District Act;
26

Mid-America Medical District Commission; for general

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

purposes.
2
(70 ILCS 935/20); Roseland Community Medical District Act;
3

medical district; for general purposes.
4
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
5

abatement districts; for general purposes.
6
(70 ILCS 1105/8); Museum District Act; museum districts; for
7

general purposes.
8
(70 ILCS 1205/7-1); Park District Code; park districts; for
9

streets and other purposes.
10
(70 ILCS 1205/8-1); Park District Code; park districts; for
11

parks.
12
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
13

districts; for airports and landing fields.
14
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
15

districts; for State land abutting public water and
16

certain access rights.
17
(70 ILCS 1205/11.1-3); Park District Code; park districts; for
18

harbors.
19
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
20

park districts; for street widening.
21
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
22

Control Act; park districts; for parks, boulevards,
23

driveways, parkways, viaducts, bridges, or tunnels.
24
(70 ILCS 1250/2); Park Commissioners Street Control (1889)
25

Act; park districts; for boulevards or driveways.
26
(70 ILCS 1290/1); Park District Aquarium and Museum Act;

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

municipalities or park districts; for aquariums or
2

museums.
3
(70 ILCS 1305/2); Park District Airport Zoning Act; park
4

districts; for restriction of the height of structures.
5
(70 ILCS 1310/5); Park District Elevated Highway Act; park
6

districts; for elevated highways.
7
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
8

District; for parks and other purposes.
9
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
10

District; for parking lots or garages.
11
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
12

District; for harbors.
13
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
14

Act; Lincoln Park Commissioners; for land and interests in
15

land, including riparian rights.
16
(70 ILCS 1801/30); Alexander-Cairo Port District Act;
17

Alexander-Cairo Port District; for general purposes.
18
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
19

Regional Port District; for general purposes.
20
(70 ILCS 1810/7); Illinois International Port District Act;
21

Illinois International Port District; for general
22

purposes.
23
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
24

Illinois Valley Regional Port District; for general
25

purposes.
26
(70 ILCS 1820/4); Jackson-Union Counties Regional Port

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

District Act; Jackson-Union Counties Regional Port
2

District; for removal of airport hazards or reduction of
3

the height of objects or structures.
4
(70 ILCS 1820/5); Jackson-Union Counties Regional Port
5

District Act; Jackson-Union Counties Regional Port
6

District; for general purposes.
7
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
8

Regional Port District; for removal of airport hazards.
9
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
10

Regional Port District; for reduction of the height of
11

objects or structures.
12
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
13

Regional Port District; for removal of hazards from ports
14

and terminals.
15
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
16

Regional Port District; for general purposes.
17
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
18

Kaskaskia Regional Port District; for removal of hazards
19

from ports and terminals.
20
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
21

Kaskaskia Regional Port District; for general purposes.
22
(70 ILCS 1831/30); Massac-Metropolis Port District Act;
23

Massac-Metropolis Port District; for general purposes.
24
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
25

Mt. Carmel Regional Port District; for removal of airport
26

hazards.

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
2

District; for general purposes.
3
(70 ILCS 1842/30 and 1842/35); Rock Island Regional Port
4

District Act; Rock Island Regional Port District and
5

participating municipalities; for general Port District
6

purposes.
7
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
8

Regional Port District; for removal of airport hazards.
9
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
10

Regional Port District; for reduction of the height of
11

objects or structures.
12
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
13

Regional Port District; for general purposes.
14
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
15

Shawneetown Regional Port District; for removal of airport
16

hazards or reduction of the height of objects or
17

structures.
18
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
19

Shawneetown Regional Port District; for general purposes.
20
(70 ILCS 1860/4); Tri-City Regional Port District Act;
21

Tri-City Regional Port District; for removal of airport
22

hazards.
23
(70 ILCS 1860/5); Tri-City Regional Port District Act;
24

Tri-City Regional Port District; for the development of
25

facilities.
26
(70 ILCS 1863/11); Upper Mississippi River International Port

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

District Act; Upper Mississippi River International Port
2

District; for general purposes.
3
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
4

District; for removal of airport hazards.
5
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
6

District; for restricting the height of objects or
7

structures.
8
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
9

District; for the development of facilities.
10
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
11

Terminal Authority (Chicago); for general purposes.
12
(70 ILCS 2105/9b); River Conservancy Districts Act; river
13

conservancy districts; for general purposes.
14
(70 ILCS 2105/10a); River Conservancy Districts Act; river
15

conservancy districts; for corporate purposes.
16
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
17

districts; for corporate purposes.
18
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
19

districts; for improvements and works.
20
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
21

districts; for access to property.
22
(70 ILCS 2305/8); North Shore Water Reclamation District Act;
23

North Shore Water Reclamation District; for corporate
24

purposes.
25
(70 ILCS 2305/15); North Shore Water Reclamation District Act;
26

North Shore Water Reclamation District; for improvements.

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
2

District of Decatur; for carrying out agreements to sell,
3

convey, or disburse treated wastewater to a private
4

entity.
5
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
6

districts; for corporate purposes.
7
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
8

districts; for improvements.
9
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
10

1917; sanitary districts; for waterworks.
11
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
12

districts; for public sewer and water utility treatment
13

works.
14
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
15

districts; for dams or other structures to regulate water
16

flow.
17
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
18

Metropolitan Water Reclamation District; for corporate
19

purposes.
20
(70 ILCS 2605/16); Metropolitan Water Reclamation District
21

Act; Metropolitan Water Reclamation District; quick-take
22

power for improvements.
23
(70 ILCS 2605/17); Metropolitan Water Reclamation District
24

Act; Metropolitan Water Reclamation District; for bridges.
25
(70 ILCS 2605/35); Metropolitan Water Reclamation District
26

Act; Metropolitan Water Reclamation District; for widening

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

and deepening a navigable stream.
2
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
3

districts; for corporate purposes.
4
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
5

districts; for improvements.
6
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
7

1936; sanitary districts; for drainage systems.
8
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
9

districts; for dams or other structures to regulate water
10

flow.
11
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
12

districts; for water supply.
13
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
14

districts; for waterworks.
15
(70 ILCS 2905/2-7);
Metro-East Flood Prevention District Act

16

Metro-East Sanitary District Act of 1974
;
Metro-East Flood
17

Prevention District

Metro-East Sanitary District
; for
18

corporate purposes.
19
(70 ILCS 2905/2-8);
Metro-East Flood Prevention District Act

20

Metro-East Sanitary District Act of 1974
;
Metro-East Flood
21

Prevention District

Metro-East Sanitary District
; for
22

access to property.
23
(70 ILCS 3010/10); Sanitary District Revenue Bond Act;
24

sanitary districts; for sewerage systems.
25
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
26

Illinois Sports Facilities Authority; quick-take power for

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

its corporate purposes (obsolete).
2
(70 ILCS 3405/16); Surface Water Protection District Act;
3

surface water protection districts; for corporate
4

purposes.
5
(70 ILCS 3605/7); Chicago Transit Authority Act; Chicago
6

Transit Authority; for transportation systems.
7
(70 ILCS 3605/8); Chicago Transit Authority Act; Chicago
8

Transit Authority; for general purposes.
9
(70 ILCS 3605/10); Chicago Transit Authority Act; Chicago
10

Transit Authority; for general purposes, including
11

railroad property.
12
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
13

local mass transit districts; for general purposes.
14
(70 ILCS 3615/2.13); Northern Illinois Transit Authority Act;
15

Northern Illinois Transit Authority; for general purposes.
16
(70 ILCS 3705/8 and 3705/12); Public Water District Act;
17

public water districts; for waterworks.
18
(70 ILCS 3705/23a); Public Water District Act; public water
19

districts; for sewerage properties.
20
(70 ILCS 3705/23e); Public Water District Act; public water
21

districts; for combined waterworks and sewerage systems.
22
(70 ILCS 3715/6); Water Authorities Act; water authorities;
23

for facilities to ensure adequate water supply.
24
(70 ILCS 3715/27); Water Authorities Act; water authorities;
25

for access to property.
26
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

trustees; for library buildings.
2
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
3

public library districts; for general purposes.
4
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
5

authorities of city or park district, or board of park
6

commissioners; for free public library buildings.
7
(Source: 104-435, eff. 11-21-25; 104-454, eff. 12-12-25;
8
104-457, Article 5, Section 5-925, eff. 6-1-26; 104-457,
9
Article 10, Section 10-75, eff. 6-1-26; 104-457, Article 15,
10
Section 15-210, eff. 6-1-26; revised 1-8-26.)

11

Section 50.
The Local Governmental and Governmental
12
Employees Tort Immunity Act is amended by changing Section
13
9-107 as follows:

14

(745 ILCS 10/9-107)

(from Ch. 85, par. 9-107)
15

Sec. 9-107.
Policy; tax levy.
16

(a) The General Assembly finds that the purpose of this
17
Section is to provide an extraordinary tax for funding
18
expenses relating to (i) tort liability, (ii) liability
19
relating to actions brought under the federal Comprehensive
20
Environmental Response, Compensation, and Liability Act of
21
1980 or the Environmental Protection Act, but only until
22
December 31, 2010, (iii) insurance, and (iv) risk management
23
programs. Thus, the tax has been excluded from various
24
limitations otherwise applicable to tax levies.

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LRB104 17396 RTM 30821 b
1
Notwithstanding the extraordinary nature of the tax authorized
2
by this Section, however, it has become apparent that some
3
units of local government are using the tax revenue to fund
4
expenses more properly paid from general operating funds.
5
These uses of the revenue are inconsistent with the limited
6
purpose of the tax authorization.
7

Therefore, the General Assembly declares, as a matter of
8
policy, that (i) the use of the tax revenue authorized by this
9
Section for purposes not expressly authorized under this Act
10
is improper and (ii) the provisions of this Section shall be
11
strictly construed consistent with this declaration and the
12
Act's express purposes.
13

(b) A local public entity may annually levy or have levied
14
on its behalf taxes upon all taxable property within its
15
territory at a rate that will produce a sum that will be
16
sufficient to: (i) pay the cost of insurance, individual or
17
joint self-insurance (including reserves thereon), including
18
all operating and administrative costs and expenses directly
19
associated therewith, claims services and risk management
20
directly attributable to loss prevention and loss reduction,
21
legal services directly attributable to the insurance,
22
self-insurance, or joint self-insurance program, and
23
educational, inspectional, and supervisory services directly
24
relating to loss prevention and loss reduction, participation
25
in a reciprocal insurer as provided in Sections 72, 76, and 81
26
of the Illinois Insurance Code, or participation in a

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
reciprocal insurer, all as provided in settlements or
2
judgments under Section 9-102, including all costs and
3
reserves directly attributable to being a member of an
4
insurance pool, under Section 9-103; (ii) pay the costs of and
5
principal and interest on bonds issued under Section 9-105;
6
(iii) pay judgments and settlements under Section 9-104 of
7
this Act; (iv) discharge obligations under Section 34-18.1 of
8
the School Code or make transfers under Section 17-2A of the
9
School Code; (v) pay judgments and settlements under the
10
federal Comprehensive Environmental Response, Compensation,
11
and Liability Act of 1980 and the Environmental Protection
12
Act, but only until December 31, 2010; (vi) pay the costs
13
authorized by the
Metro-East Flood Prevention District Act

14
Metro-East Sanitary District Act of 1974
as provided in
15
subsection (a) of Section 5-1 of that Act; and (vii) pay the
16
cost of risk management programs. Provided it complies with
17
any other applicable statutory requirements, the local public
18
entity may self-insure and establish reserves for expected
19
losses for any property damage or for any liability or loss for
20
which the local public entity is authorized to levy or have
21
levied on its behalf taxes for the purchase of insurance or the
22
payment of judgments or settlements under this Section. The
23
decision of the board to establish a reserve shall be based on
24
reasonable actuarial or insurance underwriting evidence and
25
subject to the limits and reporting provisions in Section
26
9-103.

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

If a school district was a member of a
2
joint-self-health-insurance cooperative that had more
3
liability in outstanding claims than revenue to pay those
4
claims, the school board of that district may by resolution
5
make a one-time transfer from any fund in which tort immunity
6
moneys are maintained to the fund or funds from which payments
7
to a joint-self-health-insurance cooperative can be or have
8
been made of an amount not to exceed the amount of the
9
liability claim that the school district owes to the
10
joint-self-health-insurance cooperative or that the school
11
district paid within the 2 years immediately preceding the
12
effective date of this amendatory Act of the 92nd General
13
Assembly.
14

Funds raised pursuant to this Section shall, unless
15
lawfully transferred as provided in Section 17-2A of the
16
School Code, only be used for the purposes specified in this
17
Act, including protection against and reduction of any
18
liability or loss described hereinabove and under Federal or
19
State common or statutory law, the Workers' Compensation Act,
20
the Workers' Occupational Diseases Act and the Unemployment
21
Insurance Act. Funds raised pursuant to this Section may be
22
invested in any manner in which other funds of local public
23
entities may be invested under Section 2 of the Public Funds
24
Investment Act. Interest on such funds shall be used only for
25
purposes for which the funds can be used or, if surplus, must
26
be used for abatement of property taxes levied by the local

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
taxing entity.
2

A local public entity may enter into intergovernmental
3
contracts with a term of not to exceed 12 years for the
4
provision of joint self-insurance which contracts may include
5
an obligation to pay a proportional share of a general
6
obligation or revenue bond or other debt instrument issued by
7
a local public entity which is a party to the
8
intergovernmental contract and is authorized by the terms of
9
the contract to issue the bond or other debt instrument. Funds
10
due under such contracts shall not be considered debt under
11
any constitutional or statutory limitation and the local
12
public entity may levy or have levied on its behalf taxes to
13
pay for its proportional share under the contract. Funds
14
raised pursuant to intergovernmental contracts for the
15
provision of joint self-insurance may only be used for the
16
payment of any cost, liability or loss against which a local
17
public entity may protect itself or self-insure pursuant to
18
Section 9-103 or for the payment of which such entity may levy
19
a tax pursuant to this Section, including tort judgments or
20
settlements, costs associated with the issuance, retirement or
21
refinancing of the bonds or other debt instruments, the
22
repayment of the principal or interest of the bonds or other
23
debt instruments, the costs of the administration of the joint
24
self-insurance fund, consultant, and risk care management
25
programs or the costs of insurance. Any surplus returned to
26
the local public entity under the terms of the

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
intergovernmental contract shall be used only for purposes set
2
forth in subsection (a) of Section 9-103 and Section 9-107 or
3
for abatement of property taxes levied by the local taxing
4
entity.
5

Any tax levied under this Section shall be levied and
6
collected in like manner with the general taxes of the entity
7
and shall be exclusive of and in addition to the amount of tax
8
that entity is now or may hereafter be authorized to levy for
9
general purposes under any statute which may limit the amount
10
of tax which that entity may levy for general purposes. The
11
county clerk of the county in which any part of the territory
12
of the local taxing entity is located, in reducing tax levies
13
under the provisions of any Act concerning the levy and
14
extension of taxes, shall not consider any tax provided for by
15
this Section as a part of the general tax levy for the purposes
16
of the entity nor include such tax within any limitation of the
17
percent of the assessed valuation upon which taxes are
18
required to be extended for such entity.
19

With respect to taxes levied under this Section, either
20
before, on, or after the effective date of this amendatory Act
21
of 1994:
22

(1) Those taxes are excepted from and shall not be
23

included within the rate limitation imposed by law on
24

taxes levied for general corporate purposes by the local
25

public entity authorized to levy a tax under this Section.
26

(2) Those taxes that a local public entity has levied

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1

in reliance on this Section and that are excepted under
2

paragraph (1) from the rate limitation imposed by law on
3

taxes levied for general corporate purposes by the local
4

public entity are not invalid because of any provision of
5

the law authorizing the local public entity's tax levy for
6

general corporate purposes that may be construed or may
7

have been construed to restrict or limit those taxes
8

levied, and those taxes are hereby validated. This
9

validation of taxes levied applies to all cases pending on
10

or after the effective date of this amendatory Act of
11

1994.
12

(3) Paragraphs (1) and (2) do not apply to a hospital
13

organized under Article 170 or 175 of the Township Code,
14

under the Town Hospital Act, or under the Township
15

Non-Sectarian Hospital Act and do not give any authority
16

to levy taxes on behalf of such a hospital in excess of the
17

rate limitation imposed by law on taxes levied for general
18

corporate purposes. A hospital organized under Article 170
19

or 175 of the Township Code, under the Town Hospital Act,
20

or under the Township Non-Sectarian Hospital Act is not
21

prohibited from levying taxes in support of tort liability
22

bonds if the taxes do not cause the hospital's aggregate
23

tax rate from exceeding the rate limitation imposed by law
24

on taxes levied for general corporate purposes.
25

Revenues derived from such tax shall be paid to the
26
treasurer of the local taxing entity as collected and used for

HB4365 Enrolled
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LRB104 17396 RTM 30821 b
1
the purposes of this Section and of Section 9-102, 9-103,
2
9-104 or 9-105, as the case may be. If payments on account of
3
such taxes are insufficient during any year to meet such
4
purposes, the entity may issue tax anticipation warrants
5
against the current tax levy in the manner provided by
6
statute.
7
(Source: P.A. 99-922, eff. 1-17-17.)

8

Section 95.
No acceleration or delay.
Where this Act makes
9
changes in a statute that is represented in this Act by text
10
that is not yet or no longer in effect (for example, a Section
11
represented by multiple versions), the use of that text does
12
not accelerate or delay the taking effect of (i) the changes
13
made by this Act or (ii) provisions derived from any other
14
Public Act.

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