SB 90

Abstract

Amends the Illinois Drainage Code. Provides that if one or more municipalities account for at least 50% of a drainage district's territory, the drainage district may be dissolved if each municipality that has territory within the drainage district and the county in which the drainage district lies adopt a resolution or ordinance dissolving the district. Provides that the resolution or ordinance must state: that there are no outstanding debts of the district that have been filed with the county clerk; that federal or State permits or grants will not be impaired by dissolution of the district; and the date of dissolution of the district. Provides for transfer of powers and real property of the former drainage district to the municipalities and county. Provides that if the former district had levied a tax that is still effective on the date of dissolution, then the county in which the drainage district lies has the authority to continue to collect, receive, and expend the proceeds of the tax within the boundaries of the former drainage district and the proceeds shall be expended or disposed of by the county in the same manner as the proceeds may have been expended or disposed by the former drainage district. Provides that the county board shall, by ordinance or resolution, reduce or eliminate the tax levy under specified conditions. Provides that the county shall notify the Illinois Environmental Protection Agency of the dissolution of the district no later than 60 days after the date of dissolution of the district. Senate Floor Amendment No. 1 Adds reference to: 70 ILCS 605/10-7.3 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that, upon adoption of the required resolutions or ordinances to dissolve a drainage district where one or more municipalities that accounts for at least 75% (rather than 50%) of the drainage district's territory, the county shall file a petition in the circuit court for dissolution and the court shall provide notice, hearing, and decision on the dissolution. Requires specified reports to be filed with the circuit court. Provides for conditions for the transfer of a levy by a former drainage district located in a county with a county stormwater committee. Changes references of "tax" to "assessment". Limits the provisions of the bill to drainage districts wholly or partially contained within the Lake Michigan Watershed, Chicago/Calumet Watershed, Des Plaines River Watershed, or Fox River Watershed. House Committee Amendment No. 1 Limits the provisions to drainage districts: (1) wholly or partially contained within the Lake Michigan Watershed, Chicago/Calumet Watershed, Des Plaines River Watershed, or Fox River Watershed; and (2) wholly contained within a county with a stormwater management planning committee (rather than only to those districts wholly or partially contained within the specified watersheds). House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, as amended by House Amendment No. 1, with the following changes: Provides that the county and municipality (rather than only the county) in which the drainage district lies has the authority to continue to collect, receive, and expend the proceeds of the assessment within the boundaries of the former drainage district in a proportionate share to the area of the dissolved drainage district contained within the county or municipality. Makes conforming changes.