Bill Text: IL SB0172 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Regulatory Sunset Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-08-16 - Public Act . . . . . . . . . 97-0418 [SB0172 Detail]
Download: Illinois-2011-SB0172-Amended.html
Bill Title: Amends the Regulatory Sunset Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-08-16 - Public Act . . . . . . . . . 97-0418 [SB0172 Detail]
Download: Illinois-2011-SB0172-Amended.html
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1 | AMENDMENT TO SENATE BILL 172
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2 | AMENDMENT NO. ______. Amend Senate Bill 172 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Soil and Water Conservation Districts Act | ||||||
5 | is amended by changing Section 26a as follows:
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6 | (70 ILCS 405/26a) (from Ch. 5, par. 131a)
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7 | Sec. 26a.
Any 25 or more owners of lands lying within the | ||||||
8 | boundaries
of any district organized under the provisions of | ||||||
9 | this Act may file,
with the Department, a petition proposing | ||||||
10 | the consolidation of such
district with one or more adjoining | ||||||
11 | soil conservation districts. Such
petition shall set forth: (1) | ||||||
12 | the names of the districts proposed to be
consolidated, and (2) | ||||||
13 | the proposed name of the consolidated district.
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14 | Within 30 days after such petition is filed the Department | ||||||
15 | shall
submit the proposal to the directors of each district | ||||||
16 | proposed to be
consolidated. The Directors of each such |
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1 | district, shall within 30 days
thereafter, adopt and forward to | ||||||
2 | the Department a resolution approving
or disapproving the | ||||||
3 | proposed consolidation.
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4 | If the directors of all of the said districts approve the | ||||||
5 | proposals
to consolidate such districts, it shall be the duty | ||||||
6 | of the Department to
give 10 days notice of the holding of a | ||||||
7 | referendum by causing such
notice to be published at least once | ||||||
8 | in one or more newspapers having
general circulation within the | ||||||
9 | district and to hold a referendum within
each such district | ||||||
10 | upon the proposition or the proposed consolidation.
Except as | ||||||
11 | otherwise provided in this Act, the proposition shall be
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12 | submitted in accordance with Section 28-3 of the Election Code.
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13 | The question at such referendum shall be submitted upon | ||||||
14 | ballots in
substantially the following form:
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15 | -------------------------------------------------------------
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16 | Place an X in the square opposite the
proposition for which you | ||||||
17 | desire to vote.
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18 | -------------------------------------------------------------
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19 | For approval of the proposed
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20 | consolidation of (here insert names
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21 | of districts to be consolidated)
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22 | into one soil and water
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23 | conservation district.
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24 | -------------------------------------------------------------
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25 | Against approval of the
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26 | proposed consolidation of (here
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1 | insert names of districts to be
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2 | consolidated) into one soil and
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3 | water conservation district.
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4 | -------------------------------------------------------------
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5 | Only owners or occupiers of land, or both, lying within the | ||||||
6 | districts
are eligible to vote in such referendum and each | ||||||
7 | shall have one vote.
Eligible voters may vote in person or by | ||||||
8 | absentee ballot.
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9 | If a majority of the votes cast in the referendum in each | ||||||
10 | of such
districts are cast in favor of the proposed | ||||||
11 | consolidation and if the
Department determines that such | ||||||
12 | consolidation is administratively
practicable and feasible, | ||||||
13 | the Chairmen of the directors of the said
districts shall | ||||||
14 | present to the Secretary of State through the Department
an | ||||||
15 | application for a certificate of organization of the | ||||||
16 | consolidated
district. The application shall be signed and | ||||||
17 | sworn to by all of the
said chairmen, and shall set forth the | ||||||
18 | names of the constituent
districts, the proposed name of the | ||||||
19 | consolidated district, and the
location of the office of the | ||||||
20 | consolidated district. The said
application shall be | ||||||
21 | accompanied by the statement from the Department
which shall | ||||||
22 | set forth (and such statement need contain no details other
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23 | than the mere recitals) that a petition for the consolidation | ||||||
24 | of the
said district was filed, that the proposed consolidation | ||||||
25 | was, by
resolution, approved by the governing bodies of all of | ||||||
26 | such districts,
that a referendum was held in each of the said |
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1 | districts on the question
of the proposed consolidation, and | ||||||
2 | that the result of such referendum
showed a majority of the | ||||||
3 | votes cast in each district to be in favor of
the proposed | ||||||
4 | consolidation.
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5 | The Secretary of State shall receive and file such | ||||||
6 | application and
statement and shall record them in an | ||||||
7 | appropriate book of record in his
office. When the application | ||||||
8 | and statements have been made, filed, and
recorded as herein | ||||||
9 | provided, the consolidation of such districts shall
be deemed | ||||||
10 | affected and the consolidated district shall constitute a
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11 | public body, corporate and politic, vested with all the power | ||||||
12 | of soil
and water conservation districts. The Secretary of | ||||||
13 | State shall make and
issue to the signers of the application a | ||||||
14 | certificate, under the seal of
the State, of the due | ||||||
15 | organization of the said consolidated district,
and shall | ||||||
16 | record such certificate with the application and statement. A
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17 | copy of the statement and certificate of organization, duly | ||||||
18 | certified by
the Secretary of State, shall be recorded with the | ||||||
19 | recorder of
the county in which the office of the consolidated | ||||||
20 | district is located.
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21 | Notwithstanding the other provisions of this Act, if | ||||||
22 | petitions and resolutions to consolidate districts under this | ||||||
23 | Section are filed with the Department before January 1, 2012 | ||||||
24 | and if the Director determines that the consolidation is | ||||||
25 | administratively practicable and feasible, then the Director | ||||||
26 | may approve the consolidation without the necessity of holding |
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1 | a referendum under this Section, which shall be deemed to have | ||||||
2 | the same effect as if the referendum had been held and | ||||||
3 | approved. | ||||||
4 | Upon a consolidation of districts, the directors of all | ||||||
5 | such
districts shall continue to hold office and serve as a | ||||||
6 | temporary
governing body of the consolidated district until the | ||||||
7 | members of a
permanent governing body have been elected and | ||||||
8 | have qualified. The
provisions of Sections 19, 20 and 21 of | ||||||
9 | this Act that relate to the
number, and to the nomination, | ||||||
10 | election and organization of members of
the governing bodies of | ||||||
11 | soil and water conservation districts shall
govern the | ||||||
12 | selection of the members of the permanent governing body of a
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13 | consolidated district.
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14 | Upon the issuance, by the Secretary of State, of a | ||||||
15 | certificate of
organization to a consolidated district, | ||||||
16 | property belonging to the
constituent district shall become the | ||||||
17 | property of the consolidated
district. All contracts | ||||||
18 | theretofore entered into, to which the
constituent districts | ||||||
19 | are parties, shall remain in force and effect for
the period | ||||||
20 | provided in such contracts. The consolidated districts shall
be | ||||||
21 | substituted for each constituent district as party to such | ||||||
22 | contracts,
and shall be entitled to all benefits and subject to | ||||||
23 | all liabilities
under such contracts and shall have the same | ||||||
24 | right and liability to
perform, to require performance, to sue | ||||||
25 | and to be sued thereon, and to
modify or terminate such | ||||||
26 | contracts by mutual consent or otherwise, as
the constituent |
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1 | district would have had. Any indebtedness, claim, demand
or | ||||||
2 | right owing or belonging to any of the constituent districts | ||||||
3 | shall
vest in and become due to the consolidated district, | ||||||
4 | which shall have
the right to demand, sue for, recover and | ||||||
5 | enforce the same in its own
name. Upon a consolidation of | ||||||
6 | districts, all land-use regulations
theretofore adopted and in | ||||||
7 | force and effect within any of the
constituent districts shall | ||||||
8 | remain in force and effect throughout the
territory for which | ||||||
9 | they were originally adopted, until repealed,
amended, | ||||||
10 | supplemented, or superseded by action of the consolidated
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11 | district.
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12 | (Source: P.A. 83-358 .)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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