SB2964 101ST GENERAL ASSEMBLY

LRB101 16426 AWJ 65805 b

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.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The North Shore Water Reclamation District Act is amended by changing Section 16 as follows:

(70 ILCS 2305/16) (from Ch. 42, par. 292)

Sec. 16. Entering other property for improvements; emergency improvements.

(a) When, in making any improvements which any district is authorized by this act to make, it shall be necessary to enter upon and take possession of any existing drains, sewers, sewer outlets, plants for the purification of sewage or water, or any other public property, or property held for public use, the board of trustees of such district shall have the power so to do and may acquire the necessary right of way over any other property held for public use in the same manner as is herein provided for acquiring private property, and may enter upon, and use the same for the purposes aforesaid: Provided, the public use thereof shall not be unnecessarily interrupted or interfered with, and that the same shall be restored to its former usefulness as soon as practicable.

(b) 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. 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.

Nothing in this subsection waives emergency notice provisions under Section 2.02 of the Open Meetings Act before a sanitary district convenes to determine if an emergency situation exists.

(Source: Laws 1911, p. 299.)

Section 10. The Sanitary District Act of 1917 is amended by changing Section 16 as follows:

(70 ILCS 2405/16) (from Ch. 42, par. 315)

Sec. 16. Entering other property for improvements; emergency improvements.

(a) When, in making any improvements which any district is authorized by this Act to make, it shall be necessary to enter upon and take possession of any existing drains, sewers, sewer outlets, plants for the purification of sewage or water, or any other public property, or property held for public use, the board of trustees of such district shall have the power to do and may acquire the necessary right of way over any other property held for public use in the same manner as is herein provided for acquiring private property, and may enter upon, and use the same for the purposes aforesaid: Provided, the public use thereof shall not be unnecessarily interrupted or interfered with, and that the same shall be restored to its former usefulness as soon as possible.

(b) 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. 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.

Nothing in this subsection waives emergency notice provisions under Section 2.02 of the Open Meetings Act before a sanitary district convenes to determine if an emergency situation exists.

(Source: Laws 1917, p. 396.)

Section 99. Effective date. This Act takes effect upon becoming law.