101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2964

 

Introduced 2/4/2020, by Sen. Steven M. Landek

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2305/16  from Ch. 42, par. 292
70 ILCS 2405/16  from Ch. 42, par. 315

    Amends the North Shore Water Reclamation District Act and the Sanitary District Act of 1917. Provides that if a sanitary district, by a two-thirds affirmative vote of its board of trustees, determines an emergency affecting the public health, safety, or welfare of its service area residents exists, the sanitary district, for the sole purpose of addressing the public health emergency, shall immediately acquire the necessary right-of-way and authority to work within or adjacent to a public highway right-of-way or easement, public or private utility property, railroad right-of-way, or other public property or easement. Provides that, if access onto property of an entity or governmental unit is required to address an emergency, only reasonable fees solely related to the cost incurred by the entity or governmental unit to review work performed and implement required safety measures may be charged to the sanitary district. Effective immediately.


LRB101 16426 AWJ 65805 b

 

 

A BILL FOR

 

SB2964LRB101 16426 AWJ 65805 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 North Shore Water Reclamation District Act
5is amended by changing Section 16 as follows:
 
6    (70 ILCS 2305/16)  (from Ch. 42, par. 292)
7    Sec. 16. Entering other property for improvements;
8emergency improvements.
9    (a) When, in making any improvements which any district is
10authorized by this act to make, it shall be necessary to enter
11upon and take possession of any existing drains, sewers, sewer
12outlets, plants for the purification of sewage or water, or any
13other public property, or property held for public use, the
14board of trustees of such district shall have the power so to
15do and may acquire the necessary right of way over any other
16property held for public use in the same manner as is herein
17provided for acquiring private property, and may enter upon,
18and use the same for the purposes aforesaid: Provided, the
19public use thereof shall not be unnecessarily interrupted or
20interfered with, and that the same shall be restored to its
21former usefulness as soon as practicable.
22    (b) If a sanitary district, by a two-thirds affirmative
23vote of its board of trustees, determines an emergency

 

 

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1affecting the public health, safety, or welfare of its service
2area residents exists, the sanitary district, for the sole
3purpose of addressing the public health emergency, shall
4immediately acquire the necessary right-of-way and authority
5to work within or adjacent to a public highway right-of-way or
6easement, public or private utility property, railroad
7right-of-way, or other public property or easement. If access
8onto property of an entity or governmental unit is required to
9address an emergency, only reasonable fees solely related to
10the cost incurred by the entity or governmental unit to review
11work performed and implement required safety measures may be
12charged to the sanitary district.
13    Nothing in this subsection waives emergency notice
14provisions under Section 2.02 of the Open Meetings Act before a
15sanitary district convenes to determine if an emergency
16situation exists.
17(Source: Laws 1911, p. 299.)
 
18    Section 10. The Sanitary District Act of 1917 is amended by
19changing Section 16 as follows:
 
20    (70 ILCS 2405/16)  (from Ch. 42, par. 315)
21    Sec. 16. Entering other property for improvements;
22emergency improvements.
23    (a) When, in making any improvements which any district is
24authorized by this Act to make, it shall be necessary to enter

 

 

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1upon and take possession of any existing drains, sewers, sewer
2outlets, plants for the purification of sewage or water, or any
3other public property, or property held for public use, the
4board of trustees of such district shall have the power to do
5and may acquire the necessary right of way over any other
6property held for public use in the same manner as is herein
7provided for acquiring private property, and may enter upon,
8and use the same for the purposes aforesaid: Provided, the
9public use thereof shall not be unnecessarily interrupted or
10interfered with, and that the same shall be restored to its
11former usefulness as soon as possible.
12    (b) If a sanitary district, by a two-thirds affirmative
13vote of its board of trustees, determines an emergency
14affecting the public health, safety, or welfare of its service
15area residents exists, the sanitary district, for the sole
16purpose of addressing the public health emergency, shall
17immediately acquire the necessary right-of-way and authority
18to work within or adjacent to a public highway right-of-way or
19easement, public or private utility property, railroad
20right-of-way, or other public property or easement. If access
21onto property of an entity or governmental unit is required to
22address an emergency, only reasonable fees solely related to
23the cost incurred by the entity or governmental unit to review
24work performed and implement required safety measures may be
25charged to the sanitary district.
26    Nothing in this subsection waives emergency notice

 

 

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1provisions under Section 2.02 of the Open Meetings Act before a
2sanitary district convenes to determine if an emergency
3situation exists.
4(Source: Laws 1917, p. 396.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.