Illinois General Assembly - Full Text of SB0090
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Full Text of SB0090  101st General Assembly


Rep. Sam Yingling

Filed: 5/23/2019





10100SB0090ham002LRB101 07422 AWJ 60984 a


2    AMENDMENT NO. ______. Amend Senate Bill 90, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Drainage Code is amended by adding
6Section 10-7.3 as follows:
7    (70 ILCS 605/10-7.3 new)
8    Sec. 10-7.3. Dissolution by resolution or ordinance.
9    (a) In addition to the other methods of dissolution
10provided in this Article, if one or more municipalities account
11for at least 75% of a drainage district's territory, the
12drainage district may be dissolved if each municipality that
13has territory within the drainage district and the county in
14which the drainage district lies adopt a resolution or
15ordinance dissolving the drainage district that states:
16        (1) that there are no outstanding debts of the district



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1    that have been filed with the county clerk; and
2        (2) that federal or State permits or grants will not be
3    impaired by dissolution of the district.
4    (b) Upon adoption of the required resolutions or ordinances
5under subsection (a), the county shall file a petition for
6dissolution of the drainage district with the circuit court.
7The court shall set a time for an initial hearing on the
8petition for dissolution with written notice to be provided to
9all municipalities that have territory within the drainage
10district and to the commissioners of the drainage district. If
11the court is satisfied after conducting the initial hearing
12that the conditions required for dissolution have been met, the
13court shall enter an order providing:
14        (1) that the commissioners of the district shall file
15    within 60 days a final financial report of commissioners.
16    If a final financial report of commissioners is not timely
17    filed, the county shall file a verified statement
18    indicating the amount of any funds held by the county
19    treasurer belonging to the drainage district; and
20        (2) that the commissioners of the district shall file a
21    report within 60 days to the court listing all property of
22    the district, both real and personal, including the title
23    to any drains, levees, rights-of-way, or other works upon
24    which the district's drainage system is located. Should the
25    commissioners of the drainage district fail to file a
26    report listing all property, the county shall file its own



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1    report based on information available to the county and
2    from public records.
3    (c) After all reports have been filed, the court shall set
4a hearing to determine and enter requested transfer orders and
5enter an order dissolving the drainage district.
6    (d) On the date of dissolution of the district, all drains,
7levees, and other works constituting the drainage system of the
8district and the rights-of-way, if any, on which the same are
9situated shall be deemed to be for the mutual benefit of the
10lands formerly in the district as provided in Section 10-11.
11Additional powers of the former district, except those in
12Article V, shall be exercised by the respective municipalities
13where the various parts of the former district are located and
14by the county for any areas contained in the former district
15outside of municipalities. Any property owned by the former
16district becomes property of the county to be used for the
17benefit of the drainage system of the former district unless
18the county, by resolution, gives it to one or more of the
19municipalities that will be exercising the powers of the former
21    (e) If the former district had levied an assessment that is
22still effective on the date of dissolution, then the county and
23municipality in which the drainage district lies has the
24authority to continue to collect, receive, and expend the
25proceeds of the assessment within the boundaries of the former
26drainage district, in a proportionate share to the area of the



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1dissolved drainage district contained within the county or
2municipality, and the proceeds shall be expended or disposed of
3by the county or municipality in the same manner as the
4proceeds may have been expended or disposed by the former
5drainage district. No later than 60 days after the date of
6dissolution, the county board or city council shall, by
7ordinance or resolution:
8        (1) reduce the assessment to an amount necessary to
9    continue operation of the former drainage district's
10    drainage structures and drainage system until the levy
11    expires; or
12        (2) eliminate the assessment if the county board or
13    city council determines the municipality or municipalities
14    and county have sufficient revenue to operate the drainage
15    structures and drainage system within each respective
16    unit's boundaries.
17    (f) No later than 60 days after the date of dissolution of
18the district, the county shall notify the Illinois
19Environmental Protection Agency of the dissolution of the
21    (g) If (1) the former drainage district is located in a
22county with a county stormwater committee operating under
23Section 5-1062 of the Counties Code, (2) the municipalities
24accounting for at least 75% of the territory of the former
25drainage district agree that the county stormwater committee
26shall exercise the powers of the former drainage district



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1within the municipalities and county for the drainage system of
2the former drainage district, and (3) delegation of authority
3to the county stormwater committee is included in the
4resolution or ordinance to dissolve the drainage district by
5each municipality and county accounting for at least 75% of the
6territory of the former drainage district, then the county
7shall have the authority to continue to levy the former
8drainage district assessment in the territory of the former
9drainage district to be used by the county stormwater committee
10for the benefit of the former drainage district's drainage
11system. Funds from this levy shall be budgeted and appropriated
12separate from the county stormwater committee's other
13operations. If resolutions or ordinances are adopted as
14provided in this subsection, the former drainage district levy
15shall not expire and, if extended, the county shall not exceed
16the rate of the last assessment of the former drainage
18    (h) This Section only applies to drainage districts: (1)
19wholly or partially contained within the Lake Michigan
20Watershed, Chicago/Calumet Watershed, Des Plaines River
21Watershed, or Fox River Watershed; and (2) wholly contained
22within a county with a stormwater management planning committee
23operating under Section 5-1062 of the Counties Code.".