Illinois General Assembly - Full Text of HB1514
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Full Text of HB1514  93rd General Assembly

HB1514sam002 93rd General Assembly



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 1                    AMENDMENT TO HOUSE BILL 1514

 2        AMENDMENT NO.     .  Amend House Bill 1514,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5. The Conservation District Act is  amended  by
 6    adding Section 18.1 as follows:

 7        (70 ILCS 410/18.1 new)
 8        Sec.  18.1.  Organization  as a forest preserve district.
 9    The voters of a conservation district that is entirely within
10    one county may, by a single referendum proposition,  dissolve
11    the  conservation  district  under Section 18 of this Act and
12    incorporate as a forest preserve district under Section 1 the
13    Downstate Forest Preserve District Act. The referendum may be
14    placed on the ballot upon either of the following:
15             (1)  An ordinance by the county board of the  county
16        in which the district lies requiring the referendum.
17             (2)  The  filing  of  a  petition  with the board of
18        trustees signed by the electors of the district equal  in
19        number  to  8%  or more of the total number of votes cast
20        for   Governor   district-wide   in   the   most   recent
21        gubernatorial  election  asking  that  the  question   of
22        whether  the district shall be dissolved and organized as
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 1        a forest preserve district.
 2        The Secretary of the board  of  trustees  of  the  county
 3    board or the board of trustees, as appropriate, shall certify
 4    the  proposition  to the appropriate election authorities who
 5    shall submit the proposition at  a  consolidated  or  general
 6    election  according  to  the Election Code. The Election code
 7    shall apply to and govern the election.
 8        The proposition shall be in substantially  the  following
 9    form:
10             Shall   (insert   name)   Conservation  District  be
11        dissolved under the  provisions  of  Section  18  of  the
12        Conservation  District  Act  and be organized as a forest
13        preserve district under the provisions of  the  Downstate
14        Forest Preserve District Act?
15    The votes shall be recorded as "Yes" or "No".
16        If a majority of the votes cast on the proposition are in
17    the affirmative, the conservation district shall be deemed to
18    be  dissolved  under  Section 18 of the Conservation District
19    Act and the territory  shall  be  incorporated  as  a  forest
20    preserve  district  under  Section  1 of the Downstate Forest
21    Preserve District Act. The resulting forest preserve district
22    shall not be deemed to be the legal successor  or  assign  of
23    the dissolved conservation district.

24        Section  10.  The  Downstate Forest Preserve District Act
25    is amended by changing Section 1 as follows:

26        (70 ILCS 805/1) (from Ch. 96 1/2, par. 6302)
27        Sec. 1.  Whenever any area of contiguous territory  lying
28    wholly within one county contains one or more natural forests
29    or  parks  thereof and one or more cities, towns or villages,
30    such territory may  be  incorporated  as  a  forest  preserve
31    district  by  a  referendum  passed under Section 18.1 of the
32    Conservation District Act or in the following manner, to wit:
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 1        Any 500 legal voters residing within the limits  of  such
 2    proposed  district  may  petition  the  circuit  court of the
 3    county in which such proposed district  lies,  to  order  the
 4    question to be submitted to the legal voters of such proposed
 5    district  whether  or  not  it shall be organized as a forest
 6    preserve district under this  act.  Such  petition  shall  be
 7    addressed  to  the  circuit court of the county in which such
 8    proposed forest  preserve  district  is  situated  and  shall
 9    contain  a  definite description of the territory intended to
10    be embraced in such district, and the name of such  district.
11    Upon  the  filing of such petition in the office of the clerk
12    of the circuit court of the county in which such territory is
13    situated, it shall be the duty of such circuit court to fix a
14    day and hour for  the  public  consideration  thereof,  which
15    shall  not  be  less  than  15  days after the filing of such
16    petition. Such circuit court shall cause a notice of the time
17    and place of such public  consideration  to  be  published  3
18    successive   days   in   some   newspaper  having  a  general
19    circulation in the territory proposed to be  placed  in  such
20    district.  The  date  of  the last publication of such notice
21    shall not be less than 5 days prior to the time set for  such
22    public  hearing.  At the time and place fixed for such public
23    hearing the  circuit  court  shall  hear  any  person  owning
24    property  in  such proposed district who desires to be heard,
25    and if the circuit judge finds that all of the provisions  of
26    this  act  have  been complied with, the court shall enter an
27    order fixing and defining the boundaries and the name of such
28    proposed district  in  accordance  with  the  prayer  of  the
29    petition.  In  the event that any other petition or petitions
30    for  the  organization  of  a  forest  preserve  district  or
31    districts in the same county is filed under this  act  before
32    the  time fixed for the public hearing of the first petition,
33    the circuit court shall postpone the public consideration  of
34    the first petition so that the hearing of all petitions shall
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 1    be  set  for the same day and hour. In any county where there
 2    are 2 or more judges sitting at the time of filing such first
 3    petitions the clerk of the  circuit  court  shall  cause  all
 4    petitions  filed  subsequent  to  the  first  petition  to be
 5    assigned to the judge to whom the first petition is  assigned
 6    so that all such petitions may be heard by the same judge.
 7        Should  2  or  more petitions be filed under this act and
 8    come on for hearing at the same time and it shall be found by
 9    the circuit court that any of the territory embraced  in  any
10    one  of  the  petitions is included in or contiguous with the
11    territory embraced in any other petition  or  petitions,  the
12    circuit  court  may include all of the territory described in
13    such petitions  in  one  district  and  shall  fix  the  name
14    proposed  in  the  petition  first  filed as the name for the
15    district. After the entry of the order  fixing  and  defining
16    the  boundaries  and  the  name of such proposed district, it
17    shall be the duty  of  the  circuit  court  to  order  to  be
18    submitted  to  the  legal voters of such proposed district at
19    any election,  the  question  of  the  organization  of  such
20    proposed  district.  The  clerk  of  the  circuit court shall
21    certify the order and the question  to  the  proper  election
22    officials  who shall submit the question to the voters of the
23    proposed district in accordance  with  the  general  election
24    law.  Notice  of  the  referendum  shall  contain  a definite
25    description of the territory intended to be embraced in  such
26    district, and the name of such district.
27    (Source: P.A. 83-1362.)".