Public Act 099-0783
 
HB5584 EnrolledLRB099 18820 MJP 43205 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sanitary District Act of 1917 is amended by
changing Section 27 as follows:
 
    (70 ILCS 2405/27)  (from Ch. 42, par. 317i)
    Sec. 27. (a) Any sanitary district created under this Act
which does not have any outstanding and unpaid revenue bonds
issued under the provisions of this Act and which has a
population not in excess of 5000 persons and where that
sanitary district has entered into an intergovernmental
agreement with a municipality for the mutual expenditure of
funds in joint work and for the transfer of assets under the
Municipality and Sanitary District Mutual Expenditure Act may
be dissolved as follows:
    The board of trustees of a sanitary district may petition
the circuit court to dissolve the district. Such petition must
show: (1) the reasons for dissolving the district; (2) that
there are no debts of the district outstanding or that there
are sufficient funds on hand or available to satisfy such
debts; (3) that no contract or federal or state permit or grant
will be impaired by the dissolution of the sanitary district;
(4) that all assets and responsibilities of the sanitary
district have been properly assigned to the successor
municipality; and (5) that the sanitary district will pay any
court costs incurred in connection with the petition.
    Upon adequate notice, including appropriate notice to the
Illinois Environmental Protection Agency, the circuit court
shall hold a hearing to determine whether there is good reason
for dissolving the district and whether the allegations of the
petition are true. If the court finds for the petitioners it
shall order the district dissolved but if the court finds
against the petitioners the petition shall be dismissed. In
either event, the costs shall be taxed against the sanitary
district. The order shall be final. Separate or joint appeals
may be taken by any of the parties affected thereby or by the
trustees of the sanitary district, as in other civil cases.
    (b) The Village of Rockton has the power to dissolve and
acquire all of the assets and responsibilities of a sanitary
district (i) that is located wholly within Winnebago County and
(ii) that has 90% of its service area within the corporate
limits of the Village of Rockton. The corporate authorities of
the Village of Rockton, after providing at least 60 days' prior
written notice to the sanitary district, may vote to dissolve
and acquire the existing sanitary district formed pursuant to
this Act upon showing: (1) the reasons for dissolving the
district; (2) that there are no outstanding debts of the
district or that the Village of Rockton has sufficient funds on
hand or available to satisfy any such debts; (3) that no
federal or state permit or grant will be impaired by
dissolution of the existing sanitary district; (4) that the
Village of Rockton agrees to assume all assets and
responsibilities of the sanitary district; and (5) that
adequate notice has been given to the Illinois Environmental
Protection Agency regarding the dissolution of the sanitary
district. Any costs associated with the dissolution of the
existing sanitary district may be taxed against the sanitary
district once the Village of Rockton has acquired all the
assets and responsibilities of the district. The sanitary
district may file an appeal with the circuit court, which shall
hold a hearing, to determine whether the requirements of this
section has been met. If the court finds that the requirements
of this section have been met, it shall uphold the action of
the Village of Rockton to dissolve the district. If the court
finds that said requirements have not been met, it shall order
that the sanitary district not be dissolved.
    (c) The Round Lake Sanitary District may dissolve itself
upon entering into an agreement with the County of Lake for the
County to acquire all of the assets and responsibilities of the
Round Lake Sanitary District. Upon dissolution of the District,
the statutory powers of the former District shall be exercised
by the county board of Lake County. Within 60 days after the
effective date of such dissolution and agreement, the County of
Lake shall notify the Illinois Environmental Protection Agency
regarding the dissolution of the Round Lake Sanitary District
and the dissolution agreement.
(Source: P.A. 93-567, eff. 8-20-03.)
 
    Section 10. The Sanitary District Act of 1936 is amended by
changing Section 33 as follows:
 
    (70 ILCS 2805/33)  (from Ch. 42, par. 444)
    Sec. 33. Any sanitary district created under this Act which
does not have outstanding and unpaid any revenue bonds issued
under the provisions of this Act may be dissolved as follows:
    (a) Any 50 electors residing within the area of any
sanitary district may file with the circuit clerk of the county
in which the area is situated, a petition addressed to the
circuit court to cause submission of the question whether the
sanitary district shall be dissolved. Upon the filing of the
petition with the clerk, the court shall certify the question
to the proper election officials who shall submit the question
at an election in accordance with the general election law, and
give notice of the election in the manner provided by the
general election law.
    The question shall be in substantially the following form:
-------------------------------------------------------------
    "Shall the sanitary                 YES
district of.... be              -----------------------------
dissolved"?                             NO
-------------------------------------------------------------
    If a majority of the votes cast on this question are in
favor of dissolution of the sanitary district, then such
organization shall cease, and the sanitary district is
dissolved, and the court shall direct the sanitary district to
discharge all outstanding obligations.
    (b) The County of Lake may dissolve the Fox Lake Hills
Sanitary District, thereby acquiring all of the District's
assets and responsibilities, upon adopting a resolution
stating: (1) the reasons for dissolving the District; (2) that
there are no outstanding debts of the District or that the
County has sufficient funds on hand or available to satisfy
such debts; (3) that no federal or State permit or grant will
be impaired by dissolution of the District; and (4) that the
County assumes all assets and responsibilities of the District.
Upon dissolution of the District, the statutory powers of the
former District shall be exercised by the county board of the
Lake County. Within 60 days after the effective date of such
resolution, the County of Lake shall notify the Illinois
Environmental Protection Agency regarding the dissolution of
the Fox Hills Sanitary District.
(Source: P.A. 81-1489.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/12/2016