DISSOLVE SPECIAL DISTRICTS ACT

Illinois General Assembly - Full Text of HB5166

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Full Text of HB5166

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HB5166 - 104th General Assembly

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HB5166 Enrolled
LRB104 19304 RTM 32750 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 Illinois Drainage Code is amended by adding
5
Section 10-3.5 as follows:

6

(70 ILCS 605/10-3.5 new)
7

Sec. 10-3.5.
Dissolution of drainage districts in a county
8
having more than 650,000 but fewer than 1,000,000 inhabitants.

9

(a) As used in this Section:
10

"Date of dissolution" means the date that a dissolving
11
drainage district is dissolved.
12

"Dissolving drainage district" means the drainage district
13
proposed to be dissolved under this Section.
14

"Governing body" includes, but is not limited to, the
15
board of a drainage district, the corporate authorities of a
16
municipality, the township board of a township, and the county
17
board of a county.
18

"Receiving unit of local government" means the unit of
19
local government receiving the rights, duties, and liabilities
20
of the drainage district proposed to be dissolved under this
21
Section.
22

(b) In addition to other methods of dissolution provided
23
in this Code, a drainage district organized under this Code in

HB5166 Enrolled
- 2 -
LRB104 19304 RTM 32750 b
1
a county having more than 650,000 but fewer than 1,000,000
2
inhabitants shall be dissolved upon the affirmative vote of:
3

(1) a majority of the governing body of the dissolving
4

drainage district to dissolve the drainage district on a
5

specified date of dissolution and transfer the drainage
6

district's rights, duties, and liabilities to a receiving
7

unit of local government on or before a specified date of
8

dissolution; and
9

(2) a majority of the governing body of the receiving
10

unit of local government to receive the rights, duties,
11

and liabilities of the dissolving drainage district on or
12

before a specified date of dissolution.
13

(c) On or before the date of dissolution, all real and
14
personal property, and any other assets, together with all
15
personnel, contractual obligations, and liabilities of the
16
dissolving drainage district shall be transferred to the
17
receiving unit of local government.
18

(d) On the date of dissolution, the dissolving drainage
19
district is dissolved.
20

(e) On and after the date of dissolution, all rights and
21
duties of the dissolving drainage district may be exercised by
22
the receiving unit of local government.
23

(f) Before the date of dissolution, the receiving unit of
24
local government shall submit a service continuation plan
25
confirming that the receiving unit of local government has the
26
resources to continue providing the services provided by the

HB5166 Enrolled
- 3 -
LRB104 19304 RTM 32750 b
1
dissolving drainage district.
2

(g) In addition to the requirements of any other law
3
providing for the discontinuation or change to a tax imposed
4
within a special district, within 30 days of the date of
5
dissolution of the dissolving drainage district, the
6
dissolving drainage district must provide to the Department of
7
Revenue and the county or counties in which property is
8
located and in which taxes are levied or extended by or for the
9
dissolving drainage district a certified copy of the ordinance
10
or resolution adopted by the governing body of the dissolving
11
drainage district that dissolved the dissolving drainage
12
district and transferred the dissolving drainage district's
13
rights, duties, and liabilities to a receiving unit of local
14
government.
15

(h) In addition to the requirements of any other law
16
providing for the discontinuation or change to a tax imposed
17
within a special district, within 30 days of the date that a
18
receiving unit of local government will receive the rights,
19
duties, and liabilities of a dissolving drainage district, the
20
receiving unit of local government must provide to the
21
Department of Revenue and the county or counties in which
22
property is located and in which taxes are levied or extended
23
by or for the dissolving drainage district a certified copy of
24
the ordinance or resolution adopted by the governing body of
25
the receiving unit of local government that approved of the
26
receipt, acceptance, and assumption of the rights, duties, and

HB5166 Enrolled
- 4 -
LRB104 19304 RTM 32750 b
1
liabilities of the dissolving drainage district.

2

Section 10.
The Sanitary District Act of 1936 is amended
3
by adding Section 33.2 as follows:

4

(70 ILCS 2805/33.2 new)
5

Sec. 33.2.
Dissolution of sanitary districts in a county
6
having more than 650,000 but fewer than 1,000,000 inhabitants.
7

(a) As used in this Section:
8

"Date of dissolution" means the date that a dissolving
9
sanitary district is dissolved.
10

"Dissolving sanitary district" means the sanitary district
11
proposed to be dissolved under this Section.
12

"Governing body" includes, but is not limited to, the
13
board of a sanitary district, the corporate authorities of a
14
municipality, the township board of a township, and the county
15
board of a county.
16

"Receiving unit of local government" means the unit of
17
local government receiving the rights, duties, and liabilities
18
of the sanitary district proposed to be dissolved under this
19
Section.
20

(b) In addition to other methods of dissolution provided
21
in this Act, a sanitary district organized under this Act in a
22
county having more than 650,000 but fewer than 1,000,000
23
inhabitants shall be dissolved upon the affirmative vote of:
24

(1) a majority of the governing body of the dissolving

HB5166 Enrolled
- 5 -
LRB104 19304 RTM 32750 b
1

sanitary district to dissolve the sanitary district on a
2

specified date of dissolution and transfer the sanitary
3

district's rights, duties, and liabilities to a receiving
4

unit of local government on or before a specified date of
5

dissolution; and
6

(2) a majority of the governing body of the receiving
7

unit of local government to receive the rights, duties,
8

and liabilities of the dissolving sanitary district on or
9

before a specified date of dissolution.
10

(c) On or before the date of dissolution, all real and
11
personal property, and any other assets, together with all
12
personnel, contractual obligations, and liabilities of the
13
dissolving sanitary district shall be transferred to the
14
receiving unit of local government.
15

(d) On the date of dissolution, the dissolving sanitary
16
district is dissolved.
17

(e) On and after the date of dissolution, all rights and
18
duties of the dissolving sanitary district may be exercised by
19
the receiving unit of local government.
20

(f) Before the date of dissolution, the receiving unit of
21
local government shall submit a service continuation plan
22
confirming that the receiving unit of local government has the
23
resources to continue providing the services provided by the
24
dissolving sanitary district.
25

(g) In addition to the requirements of any other law
26
providing for the discontinuation or change to a tax imposed

HB5166 Enrolled
- 6 -
LRB104 19304 RTM 32750 b
1
within a special district, within 30 days of the date of
2
dissolution of the dissolving sanitary district, the
3
dissolving sanitary district must provide to the Department of
4
Revenue and the county or counties in which property is
5
located and in which taxes are levied or extended by or for the
6
dissolving sanitary district a certified copy of the ordinance
7
or resolution adopted by the governing body of the dissolving
8
sanitary district that dissolved the dissolving sanitary
9
district and transferred the dissolving sanitary district's
10
rights, duties, and liabilities to a receiving unit of local
11
government.
12

(h) In addition to the requirements of any other law
13
providing for the discontinuation or change to a tax imposed
14
within a special district, within 30 days of the date that a
15
receiving unit of local government will receive the rights,
16
duties, and liabilities of a dissolving sanitary district, the
17
receiving unit of local government must provide to the
18
Department of Revenue and the county or counties in which
19
property is located and in which taxes are levied or extended
20
by or for the dissolving sanitary district a certified copy of
21
the ordinance or resolution adopted by the governing body of
22
the receiving unit of local government that approved of the
23
receipt, acceptance, and assumption of the rights, duties, and
24
liabilities of the dissolving sanitary district.

25

Section 99.
Effective date.
This Act takes effect upon
26
becoming law.

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