Sen. Terry Link
Filed: 4/7/2011
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 172 




2    AMENDMENT NO. ______. Amend Senate Bill 172 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Soil and Water Conservation Districts Act 
5is amended  by changing Section 26a as follows:
 



6    (70 ILCS 405/26a)  (from Ch. 5, par. 131a)



7    Sec. 26a. 
Any 25 or more owners of lands lying within the 
8boundaries
of any district organized under the provisions of 
9this Act may file,
with the Department, a petition proposing 
10the consolidation of such
district with one or more adjoining 
11soil conservation districts. Such
petition shall set forth: (1) 
12the names of the districts proposed to be
consolidated, and (2) 
13the proposed name of the consolidated district.

14    Within 30 days after such petition is filed the Department 
15shall
submit the proposal to the directors of each district 
16proposed to be
consolidated. The Directors of each such 
 
 
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1district, shall within 30 days
thereafter, adopt and forward to 
2the Department a resolution approving
or disapproving the 
3proposed consolidation.

4    If the directors of all of the said districts approve the 
5proposals
to consolidate such districts, it shall be the duty 
6of the Department to
give 10 days notice of the holding of a 
7referendum by causing such
notice to be published at least once 
8in one or more newspapers having
general circulation within the 
9district and to hold a referendum within
each such district 
10upon the proposition or the proposed consolidation.
Except as 
11otherwise provided in this Act, the proposition shall be

12submitted in accordance with Section 28-3 of the Election Code.

13    The question at such referendum shall be submitted upon 
14ballots in
substantially the following form:

15-------------------------------------------------------------

16Place an X in the square opposite the
proposition for which you 
17desire to vote.

18-------------------------------------------------------------

19    For approval of the proposed

20consolidation of (here insert names

21of districts to be consolidated)

22into one soil and water

23conservation district.

24-------------------------------------------------------------

25    Against approval of the

26proposed consolidation of (here

 
 
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1insert names of districts to be

2consolidated) into one soil and

3water conservation district.

4-------------------------------------------------------------

5    Only owners or occupiers of land, or both, lying within the 
6districts
are eligible to vote in such referendum and each 
7shall have one vote.
Eligible voters may vote in person or by 
8absentee ballot.

9    If a majority of the votes cast in the referendum in each 
10of such
districts are cast in favor of the proposed 
11consolidation and if the
Department determines that such 
12consolidation is administratively
practicable and feasible, 
13the Chairmen of the directors of the said
districts shall 
14present to the Secretary of State through the Department
an 
15application for a certificate of organization of the 
16consolidated
district. The application shall be signed and 
17sworn to by all of the
said chairmen, and shall set forth the 
18names of the constituent
districts, the proposed name of the 
19consolidated district, and the
location of the office of the 
20consolidated district. The said
application shall be 
21accompanied by the statement from the Department
which shall 
22set forth (and such statement need contain no details other

23than the mere recitals) that a petition for the consolidation 
24of the
said district was filed, that the proposed consolidation 
25was, by
resolution, approved by the governing bodies of all of 
26such districts,
that a referendum was held in each of the said 
 
 
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1districts on the question
of the proposed consolidation, and 
2that the result of such referendum
showed a majority of the 
3votes cast in each district to be in favor of
the proposed 
4consolidation.

5    The Secretary of State shall receive and file such 
6application and
statement and shall record them in an 
7appropriate book of record in his
office. When the application 
8and statements have been made, filed, and
recorded as herein 
9provided, the consolidation of such districts shall
be deemed 
10affected and the consolidated district shall constitute a

11public body, corporate and politic, vested with all the power 
12of soil
and water conservation districts. The Secretary of 
13State shall make and
issue to the signers of the application a 
14certificate, under the seal of
the State, of the due 
15organization of the said consolidated district,
and shall 
16record such certificate with the application and statement. A

17copy of the statement and certificate of organization, duly 
18certified by
the Secretary of State, shall be recorded with the 
19recorder of
the county in which the office of the consolidated 
20district is located.

21    Notwithstanding the other provisions of this Act, if 
22petitions and resolutions to consolidate districts under this 
23Section are filed with the Department before January 1, 2012 
24and if the Director determines that the consolidation is 
25administratively practicable and feasible, then the Director 
26may approve the consolidation without the necessity of holding 
 
 
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1a referendum under this Section, which shall be deemed to have 
2the same effect as if the referendum had been held and 
3approved. 
4    Upon a consolidation of districts, the directors of all 
5such
districts shall continue to hold office and serve as a 
6temporary
governing body of the consolidated district until the 
7members of a
permanent governing body have been elected and 
8have qualified. The
provisions of Sections 19, 20 and 21 of 
9this Act that relate to the
number, and to the nomination, 
10election and organization of members of
the governing bodies of 
11soil and water conservation districts shall
govern the 
12selection of the members of the permanent governing body of a

13consolidated district.

14    Upon the issuance, by the Secretary of State, of a 
15certificate of
organization to a consolidated district, 
16property belonging to the
constituent district shall become the 
17property of the consolidated
district. All contracts 
18theretofore entered into, to which the
constituent districts 
19are parties, shall remain in force and effect for
the period 
20provided in such contracts. The consolidated districts shall
be 
21substituted for each constituent district as party to such 
22contracts,
and shall be entitled to all benefits and subject to 
23all liabilities
under such contracts and shall have the same 
24right and liability to
perform, to require performance, to sue 
25and to be sued thereon, and to
modify or terminate such 
26contracts by mutual consent or otherwise, as
the constituent 
 
 
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1district would have had. Any indebtedness, claim, demand
or 
2right owing or belonging to any of the constituent districts 
3shall
vest in and become due to the consolidated district, 
4which shall have
the right to demand, sue for, recover and 
5enforce the same in its own
name. Upon a consolidation of 
6districts, all land-use regulations
theretofore adopted and in 
7force and effect within any of the
constituent districts shall 
8remain in force and effect throughout the
territory for which 
9they were originally adopted, until repealed,
amended, 
10supplemented, or superseded by action of the consolidated

11district.

12(Source: P.A. 83-358.)

 

13    Section 99. Effective date. This Act takes effect upon 
14becoming law.".