Illinois General Assembly - Full Text of HB4371
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Full Text of HB4371  99th General Assembly

HB4371 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4371

 

Introduced , by Rep. Steven Andersson

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3715/28

    Amends the Water Authorities Act. Provides that a water authority may be dissolved upon referendum of the electors of the water authority. Provides that the business affairs of the water authority shall be closed after approval of a referendum dissolving the water authority and for the disposition of property following dissolution. Further provides that any money remaining shall be paid to the school treasurer of the school district or districts in which the water authority was situated. Effective immediately.


LRB099 13772 AWJ 37740 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4371LRB099 13772 AWJ 37740 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Water Authorities Act is amended by changing
5Section 28 as follows:
 
6    (70 ILCS 3715/28)
7    Sec. 28. Cessation or dissolution of authority
8organization.
9    (a) Notwithstanding any other provision of law, if a
10majority vote of the board of trustees is in favor of the
11proposition to annex the authority to another authority whose
12boundaries are contiguous, or consolidate the authority into a
13municipality with which the authority is coterminous or
14substantially coterminous, or consolidate the authority into
15the county in which the authority sits if the authority
16contains territory within only one county, and if the governing
17authorities of the governmental unit assuming the functions of
18the former authority agree by resolution to accept the
19functions (and jurisdiction over the territory, if applicable)
20of the consolidated or annexed authority, then the authority
21shall cease. On the effective date of the annexation or
22consolidation, all the rights, powers, duties, assets,
23property, liabilities, indebtedness, obligations, bonding

 

 

HB4371- 2 -LRB099 13772 AWJ 37740 b

1authority, taxing authority, and responsibilities of the
2authority shall vest in and be assumed by the governmental unit
3assuming the functions of the former authority.
4    The employees of the former authority shall be transferred
5to the governmental unit assuming the functions of the former
6authority. The governmental unit assuming the functions of the
7former authority shall exercise the rights and
8responsibilities of the former authority with respect to those
9employees. The status and rights of the employees of the former
10authority under any applicable contracts or collective
11bargaining agreements, historical representation rights under
12the Illinois Public Labor Relations Act, or under any pension,
13retirement, or annuity plan shall not be affected by this
14amendatory Act.
15    (b) Any authority created under this Act which does not
16have outstanding and unpaid any revenue bonds issued under this
17Act may be dissolved any time after a date which is 4 years
18after the date of its creation as follows:
19    Any 100 electors residing within the area of the authority
20may petition the circuit court to order submitted to referendum
21the question whether the authority should be dissolved. Upon
22the filing of the petition, and the determination that it is in
23accordance with the general election law, the circuit court
24shall: (1) designate the election at which this question is to
25be submitted; (2) order notice of the referendum in the manner
26provided by the general election law; and certify the

 

 

HB4371- 3 -LRB099 13772 AWJ 37740 b

1proposition to the proper election officials for submission in
2accordance with the general election law.
3    The proposition shall be in substantially the following
4form:
 
5------------------------------------------------------------- 
6    "Shall the (name of                         YES 
7    water authority)                       -------------- 
8    be dissolved?"                               NO 
9------------------------------------------------------------- 
 
10    If a majority of the votes cast on this question are in
11favor of dissolution of the authority under this subsection,
12then such organization shall cease, the authority is dissolved,
13and the circuit court shall direct the discharge of all
14outstanding obligations.
15    If the vote is in favor of dissolution of the authority
16under this subsection, there shall be no further appointments
17or elections for trustees. The trustees acting at the time of
18this vote shall close up the business affairs of the district
19and make the necessary conveyances of the title to the district
20property. The terms of the trustees acting at the time of a
21vote in favor of dissolution are extended until the business
22affairs are closed up and conveyances of title are completed.
23    If the vote is against dissolution of the authority, no
24petition for a referendum under this subsection may be filed

 

 

HB4371- 4 -LRB099 13772 AWJ 37740 b

1within 2 years of the previous referendum.
2    The dissolution of any authority under this subsection does
3not affect the obligation of any bonds issued or contracts
4entered into by such authority, nor invalidate the levy,
5extension or collection of any taxes upon the property in the
6debtor authority, but all such bonds and contracts shall be
7discharged.
8    All money remaining after the business affairs of the
9authority have been closed up and all the debts and obligations
10of the authority have been paid under this subsection, shall be
11paid to the school treasurer of the school district in which
12the authority was situated, not including high school
13districts. When the authority was situated in 2 or more such
14school districts the money shall be divided between the
15districts, each district to receive an amount based on the
16ratio of assessed valuation of real estate of the school
17district which was situated in the authority to the assessed
18valuation of the real estate of all school districts which were
19situated in the authority.
20    All courts shall take judicial notice of the dissolution of
21such authority.
22(Source: P.A. 98-1002, eff. 8-18-14.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.