Sen. Dan McConchie

Filed: 3/18/2019





10100SB0090sam001LRB101 07422 AWJ 57983 a


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



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



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



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1by the former drainage district. No later than 60 days after
2the date of dissolution, the county board shall, by ordinance
3or resolution:
4        (1) reduce the assessment to an amount necessary to
5    continue operation of the former drainage district's
6    drainage structures and drainage system until the levy
7    expires; or
8        (2) eliminate the assessment if the county board
9    determines the municipality or municipalities and county
10    have sufficient revenue to operate the drainage structures
11    and drainage system within each respective unit's
12    boundaries.
13    (f) No later than 60 days after the date of dissolution of
14the district, the county shall notify the Illinois
15Environmental Protection Agency of the dissolution of the
17    (g) If (1) the former drainage district is located in a
18county with a county stormwater committee operating under
19Section 5-1062 of the Counties Code, (2) the municipalities
20accounting for at least 75% of the territory of the former
21drainage district agree that the county stormwater committee
22shall exercise the powers of the former drainage district
23within the municipalities and county for the drainage system of
24the former drainage district, and (3) delegation of authority
25to the county stormwater committee is included in the
26resolution or ordinance to dissolve the drainage district by



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1each municipality and county accounting for at least 75% of the
2territory of the former drainage district, then the county
3shall have the authority to continue to levy the former
4drainage district assessment in the territory of the former
5drainage district to be used by the county stormwater committee
6for the benefit of the former drainage district's drainage
7system. Funds from this levy shall be budgeted and appropriated
8separated from the county stormwater committee's other
9operations. If resolutions or ordinances are adopted as
10provided in this subsection, the former drainage district levy
11shall not expire and, if extended, the county shall not exceed
12the rate of the last assessment of the former drainage
14    (h) This Section only applies to drainage districts wholly
15or partially contained within the Lake Michigan Watershed,
16Chicago/Calumet Watershed, Des Plaines River Watershed, or Fox
17River Watershed.".