[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0430
LRB9101099WHdv
1 AN ACT to amend the Illinois Municipal Code by adding
2 Section 11-90-6 and re-enacting Section 11-90-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 adding Section 11-90-6 as follows:
7 (65 ILCS 5/11-90-6 new)
8 Sec. 11-90-6. Continuation of Section 11-90-5;
9 validation.
10 (a) The General Assembly finds and declares that:
11 (1) When Section 11-90-5 was originally added to
12 this Code by Public Act 89-699, effective January 16,
13 1997, it included a provision that repealed the Section
14 on June 30, 1998.
15 (2) House Bill 2746 of the 90th General Assembly
16 included a provision that amended Section 11-90-5 of this
17 Code to make that Section's repeal date June 30, 1999.
18 House Bill 2746 passed both houses on May 19, 1998. House
19 Bill 2746 provided that the changes to Section 11-90-5 of
20 this Code took effect upon becoming law. House Bill 2746
21 was sent to the Governor on June 17, 1998. House Bill
22 2746 was not approved by the Governor until August 14,
23 1998. House Bill 2746 became Public Act 90-755.
24 (3) The Statute on Statutes sets forth general
25 rules on the repeal of statutes, but Section 1 of that
26 Act also states that these rules will not be observed
27 when the result would be "inconsistent with the manifest
28 intent of the General Assembly or repugnant to the
29 context of the statute".
30 (4) The actions of the General Assembly clearly
31 manifest the intention of the General Assembly to change
-2- LRB9101099WHdv
1 the repeal date of Section 11-90-5 of this Code to June
2 30, 1999.
3 (5) Any construction of Section 11-90-5 of this
4 Code that results in the repeal of that Section on June
5 30, 1998 would be inconsistent with the manifest intent
6 of the General Assembly.
7 (b) It is hereby declared to have been the intent of the
8 General Assembly, in enacting Public Act 90-755, that Section
9 11-90-5 of this Code be changed to make June 30, 1999 the
10 repeal date of Section 11-90-5 of this Code, and that Section
11 11-90-5 of this Code therefore not be subject to repeal on
12 June 30, 1998.
13 (c) Section 11-90-5 of this Code shall be deemed to have
14 been in continuous effect since the effective date of Public
15 Act 89-699, and it shall continue to be in effect until it is
16 otherwise repealed.
17 (d) All actions taken in reliance on or pursuant to
18 Section 11-90-5 of this Code by any officer or agency of
19 State government or any other person or entity are validated.
20 (e) To ensure the continuing effectiveness of Section
21 11-90-5 of this Code, it is set forth in full and re-enacted
22 by this amendatory Act. This re-enactment is intended as a
23 continuation of that Section. It is not intended to
24 supersede any amendment to that Section that is enacted by
25 the General Assembly.
26 (f) Section 11-90-5 of this Code applies to all claims,
27 civil actions, and proceedings pending on or filed on,
28 before, or after the effective date of this amendatory Act.
29 (g) This Section is repealed on June 30, 1999.
30 Section 10. Section 11-90-5 of the Illinois Municipal
31 Code is re-enacted as follows:
32 (65 ILCS 5/11-90-5)
-3- LRB9101099WHdv
1 Sec. 11-90-5. The Capital City Railroad Relocation
2 Authority; transfer of property and powers.
3 (a) Effective December 31, 1996:
4 (1) All of the property still vested in the Capital
5 City Railroad Relocation Authority on that date for
6 Useable Segment 3 shall thereupon vest in the City of
7 Springfield, which shall have the power to sell,
8 transfer, exchange, or assign that property as it shall
9 deem appropriate, subject to the agreements that the
10 Authority had entered into with respect to that property;
11 and
12 (2) All of the statutory powers and duties,
13 including but not limited to the power to acquire
14 property exchanged by the railroads for the railroad
15 right-of-way acquired by the Authority and to sell,
16 transfer, exchange, or assign property as it shall deem
17 appropriate, which the Authority had to implement the
18 agreements that it entered into for Useable Segment 3,
19 are transferred to the City of Springfield only for
20 implementation of those agreements and subject to them.
21 (b) Once the City of Springfield has completed
22 transactions required to perform the agreements referred to
23 in subdivisions (1) and (2) of subsection (a), its powers and
24 duties under this Section shall terminate.
25 (c) The City of Springfield shall obtain a certified
26 copy of the portions of this amendatory Act of 1996
27 containing the title, the enacting clause, the effective
28 date, and this Section and the appropriate land descriptions
29 of property to be transferred within 60 days after its
30 effective date and shall record the certified document in the
31 Recorder's Office of Sangamon County.
32 (d) If this Section takes effect after December 31,
33 1996, then its provisions apply retrospectively from December
34 31, 1996.
-4- LRB9101099WHdv
1 (e) This Section is repealed on June 30, 1999.
2 (Source: P.A. 89-699, eff. 1-16-97; 90-755, eff. 8-14-98.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.