Bill Text: IL HB2417 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Property Tax Code. Provides that a municipality may establish a special service area for the purpose of repairing, reconstructing, or maintaining a stormwater-detention facility. Provides that a public hearing with respect to those special service areas must include a determination of whether the stormwater-detention facility is in need of the repair, reconstruction, or maintenance. Provides that certain special service areas for stormwater-detention facilities are not subject to objection-petition requirements. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB2417 Detail]

Download: Illinois-2009-HB2417-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2417 Introduced 2/19/2009, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED:
35 ILCS 200/27-91 new
Amends the Property Tax Code. Provides that a municipality may establish a special service area for the purpose of repairing, reconstructing, or maintaining a stormwater-detention facility. Provides that a public hearing with respect to those special service areas must include a determination of whether the stormwater-detention facility is in need of the repair, reconstruction, or maintenance. Provides that certain special service areas for stormwater-detention facilities are not subject to objection-petition requirements. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by adding
Section 27-91 as follows:
(35 ILCS 200/27-91 new)
Sec. 27-91. Special service area for privately owned
stormwater-detention facilities.
(a) If a privately owned or maintained
stormwater-detention facility serves a detention watershed
that lies within the corporate limits of a municipality, then
the corporate authorities of the municipality may propose a
special service area for the purpose of repairing,
reconstructing, or maintaining that stormwater-detention
facility. The proposed special service area must be comprised
of the territory within the detention watershed.
(b) A special service area under this Section must be
established under the procedures set forth under this Article
27 with the following exceptions:
(1) the public hearing required under Section 27-35
must also include a determination of whether the
stormwater-detention facility is in need of the repair,
reconstruction, or maintenance; and

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(2) unless there exists, in good standing, a
homeowners' association that has a legal obligation to
perform the repair, reconstruction, or maintenance, the
proposal is not subject to the objection-petition
procedures under Section 27-55 or the disconnection
procedures under Section 27-60.
(c) If, as a result of the public hearing, the corporate
authorities determine that the stormwater-detention facility
is in need of the repair, reconstruction, or maintenance, then
the corporate authorities may proceed to establish the special
service area. The municipality may authorize its agents and
independent contractors to undertake the repair,
reconstruction, or maintenance and take all other permissible
action under this Law.
(d) For the purposes of this Section:
"Stormwater-detention facility" means any man-made
structure or arrangement of earth for the temporary or
permanent storage of stormwater runoff with controlled release
of the stormwater during or following a flood or storm for the
purpose of mitigating downstream flooding or protecting
structures from flooding. The term "stormwater-detention
facility" includes any detention basin, retention basin, or any
other wet or dry catchment area that releases stormwater more
slowly than would otherwise occur if the stormwater were
allowed to flow freely in any given watershed.
"Detention basin" means any stormwater-detention facility

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designed to drain completely after temporary storage of
stormwater flows and to normally be dry over the majority of
its bottom area.
"Retention basin" means any stormwater-detention facility
designed to maintain a permanent pool of water within the basin
after the temporary storage of stormwater runoff.
"Detention watershed" means the geographical area for
which the stormwater-detention facility: (i) was designed to
contain and control the increased stormwater discharge likely
to be caused by new development within a subdivision or planned
unit development; and (ii) was included as part of the approved
stormwater management plan for the subdivision or development.
Section 99. Effective date. This Act takes effect upon
becoming law.