Illinois General Assembly - Full Text of SB2459
Illinois General Assembly

Previous General Assemblies

Full Text of SB2459  100th General Assembly


Rep. Nick Sauer

Filed: 5/18/2018





10000SB2459ham001LRB100 17368 AWJ 40345 a


2    AMENDMENT NO. ______. Amend Senate Bill 2459 on page 2,
3immediately below line 12, by inserting the following:
4    "Section 10. The Sanitary District Act of 1936 is amended
5by changing Sections 33 and 35 and by adding Section 33.1 as
7    (70 ILCS 2805/33)  (from Ch. 42, par. 444)
8    Sec. 33. Except as provided in Section 33.1, any Any
9sanitary district created under this Act which does not have
10outstanding and unpaid any revenue bonds issued under the
11provisions of this Act may be dissolved as follows:
12    (a) Any 50 electors residing within the area of any
13sanitary district may file with the circuit clerk of the county
14in which the area is situated, a petition addressed to the
15circuit court to cause submission of the question whether the
16sanitary district shall be dissolved. Upon the filing of the



10000SB2459ham001- 2 -LRB100 17368 AWJ 40345 a

1petition with the clerk, the court shall certify the question
2to the proper election officials who shall submit the question
3at an election in accordance with the general election law, and
4give notice of the election in the manner provided by the
5general election law.
6    The question shall be in substantially the following form:
8    "Shall the sanitary                 YES
9district of .... be              ----------------------------
10dissolved?"                             NO
12    If a majority of the votes cast on this question are in
13favor of dissolution of the sanitary district, then such
14organization shall cease, and the sanitary district is
15dissolved, and the court shall direct the sanitary district to
16discharge all outstanding obligations.
17    (b) The County of Lake may dissolve the Fox Lake Hills
18Sanitary District, thereby acquiring all of the District's
19assets and responsibilities, upon adopting a resolution
20stating: (1) the reasons for dissolving the District; (2) that
21there are no outstanding debts of the District or that the
22County has sufficient funds on hand or available to satisfy
23such debts; (3) that no federal or State permit or grant will
24be impaired by dissolution of the District; and (4) that the
25County assumes all assets and responsibilities of the District.
26Upon dissolution of the District, the statutory powers of the



10000SB2459ham001- 3 -LRB100 17368 AWJ 40345 a

1former District shall be exercised by the county board of the
2Lake County. Within 60 days after the effective date of such
3resolution, the County of Lake shall notify the Illinois
4Environmental Protection Agency regarding the dissolution of
5the Fox Hills Sanitary District.
6(Source: P.A. 99-783, eff. 8-12-16; 100-201, eff. 8-18-17.)
7    (70 ILCS 2805/33.1 new)
8    Sec. 33.1. Dissolution of Lakes Region Sanitary District.
9The Lakes Region Sanitary District may dissolve itself upon
10entering into a dissolution agreement with Lake County for the
11county to acquire all of the assets and responsibilities of the
12district. Upon dissolution of the district, the statutory
13powers of the former district shall be exercised by the county
14board of Lake County. No later than 60 days after the effective
15date of the dissolution, Lake County shall notify the Illinois
16Environmental Protection Agency of the dissolution of the Lakes
17Region Sanitary District and provide a copy of the dissolution
18agreement to the Agency.
19    (70 ILCS 2805/35)  (from Ch. 42, par. 446)
20    Sec. 35. The dissolution of any sanitary district shall not
21affect the obligation of any bonds issued or contracts entered
22into by such district, nor invalidate the levy, extension or
23collection of any taxes or special assessments upon the
24property in the debtor district, but all such bonds and



10000SB2459ham001- 4 -LRB100 17368 AWJ 40345 a

1contracts shall be discharged.
2    All money remaining after the business affairs of the
3sanitary district have been closed up and all the debts and
4obligations of the sanitary district have been paid, shall be
5paid to the school treasurer of the school district in which
6the sanitary district was situated, not including high school
7districts; except that after the business affairs of the Lakes
8Region Sanitary District have been closed up and all the debts
9and obligations of the Lakes Region Sanitary District have been
10paid after dissolution under Section 33.1, all money remaining
11shall be paid to Lake County. When the district was situated in
12two or more such school districts the money shall be divided
13between the districts, each district to receive an amount based
14on the ratio of assessed valuation of real estate of the
15district which was situated in the sanitary district to the
16assessed valuation of the real estate of all school districts
17which were situated in the sanitary district.
18(Source: Laws 1957, p. 349.)".