Bill Text: IL SB3429 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Sanitary District Act of 1936. Provides that contiguous territory located within the boundaries of a sanitary district organized under the Act and upon the border of the district may become disconnected from the district without following specified procedures by ordinance or resolution of both the sanitary district and the unit of local government within which the territory is located if there are no outstanding bond payments or debts to be repaid. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0996 [SB3429 Detail]

Download: Illinois-2023-SB3429-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3429 Introduced 2/8/2024, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
70 ILCS 2805/32a.5 from Ch. 42, par. 443a.5
Amends the Sanitary District Act of 1936. Provides that contiguous territory located within the boundaries of a sanitary district organized under the Act and upon the border of the district may become disconnected from the district without following specified procedures by ordinance or resolution of both the sanitary district and the unit of local government within which the territory is located if there are no outstanding bond payments or debts to be repaid. Effective immediately.
LRB103 37549 AWJ 67673 b
A BILL FOR
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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 1936 is amended by
changing Section 32a.5 as follows:
(70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5)
Sec. 32a.5. Disconnection of contiguous territory on the
border of a district.
(a) Any contiguous territory located within the boundaries
of any sanitary district organized under this Act, and upon
the border of such district, may become disconnected from such
district in the manner provided in this Section. Ten per cent
or more of the legal voters resident in the territory sought to
be disconnected from such district, may petition the circuit
court for the county in which the original petition for the
organization of the district was filed, to cause the question
of such disconnection to be submitted to the legal voters of
such territory whether the territory shall be disconnected.
The petition shall be addressed to the court and shall contain
a definite description of the boundaries of such territory and
recite as a fact, that as of the date the petition is filed
there is no bonded indebtedness of the sanitary district
outstanding and that no special assessments for local

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improvements were levied upon or assessed against any of the
lands within such territory or if so levied or assessed, that
all of such assessments have been fully paid and discharged
and that such territory is not, at the time of the filing of
such petition, and will not be, either benefited or served by
any work or improvements either then existing or then
authorized by the sanitary district. Upon filing such petition
in the office of the circuit clerk of the county in which the
original petition for the formation of such sanitary district
has been filed it is the duty of the court to consider the
boundaries of such territory and the facts upon which the
petition is founded. The court may alter the boundaries of
such territory and shall deny the prayer of the petition, if
the material allegations therein contained are not founded in
fact. The decision of the court is appealable as in other civil
cases.
Notice shall be given by the court of the time and place
when and where all persons interested will be heard
substantially as provided in and by Section 1 of this Act. The
conduct of the hearing on the question whether such territory
shall become disconnected shall be, as nearly as possible, in
accordance with Section 1 of this Act. 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. The question shall be in substantially the
following form:

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For disconnection from sanitary district.
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Against disconnection from sanitary district.
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If a majority of the votes cast on the question shall be in
favor of disconnection, and if the trustees of such sanitary
district shall, by ordinance, disconnect such territory,
thereupon the court shall enter an appropriate order of record
in the court and thereafter such territory shall be deemed
disconnected from such sanitary district.
(b) Contiguous territory located within the boundaries of
a sanitary district organized under this Act and upon the
border of the district may become disconnected from the
district without following the procedures of subsection (a) by
ordinance or resolution of both the sanitary district and the
unit of local government within which the territory is located
if there are no outstanding bond payments or debts to be
repaid.
(Source: P.A. 100-201, eff. 8-18-17.)