Bill Text: IL HB4365 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Further amends the Metro-East Sanitary District Act of 1974. Provides that 2 of the commissioners of the Metro-East Flood Prevention District shall be residents of that portion of the district in the county having the greater equalized assessed valuation within the district's boundaries (rather than residents of that portion of the district in the county having the greater equalized assessed valuation of the district), and 2 shall be residents of that portion of the district within the other county. Provides that the mayor, or the mayor's designee, of the largest municipality in the county having the greater equalized assessed valuation within the Metro-East Flood Prevention District's boundaries (rather than the largest municipality in the county having the greater equalized assessed valuation of the district) shall be an ex officio commissioner of the Metro-East Flood Prevention District with a right to vote.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2026-08-07 - Public Act . . . . . . . . . 104-0770 [HB4365 Detail]

Download: Illinois-2025-HB4365-Enrolled.html

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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 Department of Natural Resources Act is
amended by changing Section 5-10 as follows:
(20 ILCS 801/5-10)
Sec. 5-10. Additional powers. With respect to the water
resources of the State, the Office of Water Resources shall
have the following powers:
(a) To study and investigate ways and means by which the
various water uses may be coordinated to the end that the water
resources of the State be put to their maximum beneficial use
and, in connection therewith, to request any department or
agency of the State to make surveys, studies, investigations,
prepare plans, reports and furnish such data and information
as may be necessary.
(b) To coordinate, determine and provide ways and means
for the equitable reconciliation and adjustment of the various
conflicting claims and rights to water by users or uses.
(c) To recommend legislation for the most feasible method
or methods of conserving water resources and putting them to
the maximum possible use, taking into account the problems of
navigation, flood control, river flow control and

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stabilization, reclamation, drainage and recapture, and
further utilization of water after use for any purpose,
domestic and industrial use, irrigation of land, municipal
use, development of electric energy, public health,
recreational, fish and game life, and other beneficial use.
(d) To undertake regulatory flood hazard mapping within
this State.
(e) To inspect and prescribe standards of repair,
maintenance and improvement of the facilities and properties
of the Metro-East Flood Prevention District Metro-East
Sanitary District.
(Source: P.A. 89-445, eff. 2-7-96; 90-14, eff. 7-1-97.)
Section 10. The Flood Prevention District Act is amended
by changing Section 40 as follows:
(70 ILCS 750/40)
Sec. 40. Budget of the District. The District shall adopt
an annual budget by August 31 of each year for the fiscal year
beginning October 1. Such budget shall include expected
revenues by source and expenditures by project or by function
for the following year. The budget must be approved by the
county board of the county in which the district is situated
prior to any expenditure by the District for the fiscal year
beginning October 1. The county board must approve or
disapprove the budget of the District within 30 calendar days

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after the budget is received by the county board. If the county
board does not act to approve or disapprove the budget within
30 calendar days of receipt, it shall stand as approved.
In addition, the District shall submit an annual report to
the county board by August 31 of each year detailing the
activities of the district. This report must also include any
information submitted to the flood prevention district by a
drainage, levee, or sanitary district in accordance with
Section 4-45 of the Illinois Drainage Code or Section 2-2 of
the Metro-East Flood Prevention District Act Metro-East
Sanitary District Act.
(Source: P.A. 95-719, eff. 5-21-08; 95-723, eff. 6-23-08.)
Section 15. The Southwestern Illinois Metropolitan and
Regional Planning Act is amended by changing Section 5 as
follows:
(70 ILCS 1710/5) (from Ch. 85, par. 1155)
Sec. 5. The corporate authorities of the Southwestern
Illinois Metropolitan and Regional Planning Commission shall
consist of commissioners selected as follows:
Eight commissioners appointed by the Governor, at
least 4 of whom shall be elected officials of a unit of
government and at least 7 of whom shall be residents of the
Metropolitan and Regional Counties Area. No more than 4 of
the Governor's appointees shall be of the same political

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party.
One member from among the Illinois Commissioners of
the Bi-State Development Agency, elected by said
commissioners of said Agency, provided that preference
shall be given in this appointment to the Chairman or Vice
Chairman of said Agency if either or both of those
officers is an Illinois resident.
The Chairman or presiding officer of each statutory
Port District existing or operating within the
Metropolitan and Regional Counties Area, or a member of
the governing board of each such Port District appointed
by the Chairman or presiding officer thereof to serve in
his stead.
The President of the Metro-East Flood Prevention
District Metro-East Sanitary District or a member of the
governing board of such District appointed by the
President thereto to serve in his stead.
Two members from each of the county boards of counties
within the Area of operation having a population of less
than 100,000, such members to be appointed by the chairman
or presiding officer of such counties and in such manner
that one of the 2 members so appointed is the chairman or
presiding officer of the relevant county board or an
elected member of such board appointed to serve in the
stead of such chairman or presiding officer.
Three members from each of the county boards of

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counties within the Area of operation having a population
in excess of 100,000, such members to be appointed by the
chairman or presiding officer of such counties and in such
manner that one of the 3 members so appointed is the
chairman or presiding officer of the relevant county board
or an elected member of such board appointed to serve in
the stead of such chairman or presiding officer; provided,
further, that at least one member so appointed from each
county having a population in excess of 100,000 shall be a
resident in an area of such county outside any city,
village or incorporated town, and at least one member so
appointed from such counties shall be a resident of a
city, village or incorporated town of such county.
The Mayor or Village Board President from each city,
village or incorporated town in the Area of operation
having 4,500 or more inhabitants, or a member of the
Council or Village Board appointed by such Mayor or Board
President to serve in his stead.
One Mayor or Village Board President in each county
within the Area of operation from a city, village or
incorporated town having fewer than 4,500 inhabitants to
be selected by all Mayors or Village Board Presidents of
such cities, villages or incorporated towns in each such
county.
Two members from each township-organized county in the
Area of operation who shall be township supervisors

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appointed by the Chairman of the relevant county board in
such a manner that one of the 2 shall represent a township
having fewer than 4,500 inhabitants and one of the 2 shall
represent a township having more than 4,500 inhabitants,
provided that in the event no township in any such county
has in excess of 4,500 inhabitants the supervisor of the
township in such county which has the largest number of
inhabitants shall be one of the 2 members so appointed by
that county.
Two members from each commission-organized county in
the Area of operation who shall be elected officials of
either the county board or of a unit of government in such
county and who shall be appointed by the Chairman of the
County Board of such county.
The President of the Southwestern Illinois Council of
Mayors or a Mayor of a community within the Area of
operation appointed by such President to serve in his
stead.
One member from among the Illinois members of the
East-West Gateway Coordinating Council, elected by said
members of said council, provided preference shall be
given in this appointment to the Chairman or Vice Chairman
of said Council if either or both of those officers is an
Illinois resident.
Each selecting authority shall give notice of his, or her,
or its selections to each other selecting authority, to the

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Executive Director of the Commission, and to the Secretary of
State. Selections or appointments to be made for the first
time pursuant to this amendatory Act of 1975 shall be made no
later than October 1, 1975 and notice given thereon by that
date.
In addition to the commissioners provided for above, the
following shall also be commissioners selected or appointed
and notice thereon given as contemplated by the preceding
paragraph:
Two members from each county in the Area of operation
who shall be a chairman of a county planning commission, a
chairman of a municipal planning commission, or a county
engineer, such members to be appointed by the Chairman of
the County Board.
The regional superintendent of schools for each
educational service region located in whole or in part
within the Area of operation.
The President of Southern Illinois University at
Edwardsville or a person appointed by him to serve in his
stead.
The Director of Commerce and Economic Opportunity or a
person appointed by him to serve in his stead.
The district highway engineer for the Illinois
Department of Transportation.
The Chairman of the Southwestern Illinois Council on
Economic Development composed of the Counties of Madison,

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St. Clair, Monroe, Randolph, Washington, Bond and Clinton.
One representative from each County within the Area of
operation who shall be other than an elected official and
who shall be appointed by the Chairman of each County
Board, provided that each representative so appointed
shall be from disadvantaged or minority groups within the
County's population.
Five Commissioners, appointed by the President of the
Commission, with the concurrence of the Executive
Committee, one to be selected from each of 5 civic,
fraternal, cultural or religious organizations which meet
all of the following criteria:
(1) has a written charter or constitution and
written bylaws;
(2) has filed or is eligible to file articles of
incorporation pursuant to the General Not for Profit
Corporation Act;
(3) has been in existence for at least 5 years; and
(4) is generally recognized as being substantially
representative of the minority population within the
Commission's area of operation.
The Commission shall develop a fair and reasonable
procedure for determining the organizations from which
appointments will be made.
Within 30 days after selection and before entering upon
the duties of his or her office, each commissioner shall take

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and subscribe to the constitutional oath of office and file it
with the Secretary of State.
The Commission shall maintain a level of minority
membership equal to or greater than proportionate level of
minority population which exists within the area of the
Commission.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 20. The Sanitary District Act of 1907 is amended
by changing Sections 29. 29.1, and 29.3 as follows:
(70 ILCS 2205/29) (from Ch. 42, par. 274.1)
Sec. 29. Any sanitary district organized and operated
under this Act and having an equalized assessed valuation for
tax purposes of $100,000,000 or more may, by referendum as
provided in Sections 29.1 through 29.3, be dissolved and a new
district created in accordance with the Metro-East Flood
Prevention District Act "Metro-East Sanitary District Act of
1974", enacted by the 78th General Assembly.
(Source: P.A. 78-1017.)
(70 ILCS 2205/29.1) (from Ch. 42, par. 274.2)
Sec. 29.1. When a petition, signed by at least 300
registered voters residing within such sanitary district is
filed with the State Board of Elections before the November
general election in an even-numbered year, and within the time

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provided in the general election law, but other than a year in
which a regular election for trustees of the district is held,
requesting that the proposition that that sanitary district be
dissolved and be replaced by a sanitary district organized
under the Metro-East Flood Prevention District Act Metro-East
Sanitary District Act of 1974, the Board shall certify the
proposition to the proper election officials who shall submit
the proposition to the voters of the district at that general
election in accordance with the general election law. The
proposition shall be in substantially the following form:
Shall the.... Sanitary District be dissolved and be
replaced by a sanitary district organized under the Metro-East
Flood Prevention District Act Metro-East Sanitary District Act
of 1974?
(Source: P.A. 81-1489.)
(70 ILCS 2205/29.3) (from Ch. 42, par. 274.4)
Sec. 29.3. The State Board of Elections shall proclaim and
certify the results of the vote on the proposition. If a
majority of those electors properly marking ballots on the
proposition vote in favor thereof, the district organized
under this Act shall be dissolved, effective upon the
expiration of the terms of office of the incumbent trustees,
and a new district created as provided in Article I of the
Metro-East Flood Prevention District Act Metro-East Sanitary
District Act of 1974.

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(Source: P.A. 78-1017.)
Section 25. The North Shore Water Reclamation District Act
is amended by changing Section 19.1 as follows:
(70 ILCS 2305/19.1) (from Ch. 42, par. 295.1)
Sec. 19.1. Acquiring district or municipal treatment
works.
(a) After incorporation, any district organized under this
Act may, in accordance with this Act and an intergovernmental
agreement with the sanitary district being acquired or the
municipality from whom the treatment works and lines are to be
acquired, acquire the territory, treatment works, lines,
appurtenances, and other property of (i) any sanitary district
organized under this Act, the Sanitary District Act of 1907,
the Sanitary District Act of 1917, the Sanitary District Act
of 1936, or the Metro-East Flood Prevention District Act
Metro-East Sanitary District Act of 1974 or (ii) any
municipality whose treatment works were established under the
Illinois Municipal Code or the Municipal Wastewater Disposal
Zones Act, regardless of whether that district or municipality
is contiguous to the acquiring sanitary district. The distance
between the sanitary district being acquired or municipality
and the acquiring sanitary district, however, as measured
between the points on their corporate boundaries that are
nearest to each other, shall not exceed 20 miles. In the case

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of a municipality, only that property used by the municipality
for transport, treatment, and discharge of wastewater and for
disposal of sewage sludge shall be transferred to the
acquiring sanitary district.
(b) The board of trustees of the sanitary district being
acquired, or the corporate authorities of a municipality whose
treatment works is being acquired, shall, jointly with the
board of trustees of the acquiring sanitary district, petition
the circuit court of the county containing all or the larger
portion of the sanitary district being acquired or the
municipality to permit the acquisition. The petition shall
show the following:
(1) The reason for the acquisition.
(2) That there are no debts of the sanitary district
being acquired or municipality outstanding, or that there
are sufficient funds on hand or available to satisfy those
debts.
(3) That no contract or federal or State permit or
grant will be impaired by the acquisition.
(4) That all assets and responsibilities of the
sanitary district being acquired or municipality, as they
relate to wastewater treatment, have been properly
assigned to the acquiring sanitary district.
(5) That the acquiring sanitary district will pay any
court costs incurred in connection with the petition.
(6) The boundaries of the acquired sanitary district

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or municipality as of the date of the petition.
(c) Upon adequate notice, including appropriate notice to
the Illinois Environmental Protection Agency, the circuit
court shall hold a hearing to determine whether there is good
cause for the acquisition by the acquiring district and
whether the allegations of the petition are true. If the court
finds that there is good cause and that the allegations are
true, it shall order the acquisition to proceed. If the court
finds that there is not good cause for the acquisition or that
the allegations of the petition are not true, the court shall
dismiss the petition. In either event, the costs shall be
taxed against the acquiring sanitary district. The order shall
be final. Separate or joint appeals may be taken by any party
affected by the order as in other civil cases.
(d) If the court orders the acquisition contemplated in
the petition, there shall be no further appointments of
trustees if the acquired agency is a sanitary district. The
trustees of the acquired sanitary district acting at the time
of the order shall close up the business affairs of the
sanitary district and make the necessary conveyances of title
to the sanitary district property in accordance with the
intergovernmental agreement between the acquiring and acquired
sanitary districts. In the case of a municipality, the
governing body of the municipality shall make the necessary
conveyances of title to municipal property to the acquiring
sanitary district in accordance with the intergovernmental

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agreement between the municipality and the acquiring sanitary
district. The acquiring sanitary district's ordinances shall
take effect in the acquired territory upon entry of the order.
(e) The acquisition of any sanitary district by another
sanitary district or the acquisition of a treatment works from
a municipality by another sanitary district shall not affect
the obligation of any bonds issued or contracts entered into
by the acquired sanitary district or the municipality, nor
invalidate the levy, extension, or collection of any taxes or
special assessments upon a property in the acquired sanitary
district, but all those bonds and contracts shall be
discharged. The general obligation indebtedness of the
acquired sanitary district shall be paid from the proceeds of
continuing taxes and special assessments as provided in this
Act.
All money remaining after the business affairs of the
acquired sanitary district or acquired treatment works of the
municipality have been closed up and all debts and obligations
of the entities paid shall be paid to the acquiring sanitary
district in accordance with the intergovernmental agreement
between the parties.
(f) The board of trustees of the acquiring sanitary
district required to provide sewer service under this Act may
levy and collect, for that purpose, a tax on the taxable
property within that district. The aggregate amount of the tax
shall be as provided in this Act.

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(g) Any intergovernmental agreement entered into by the
parties under this Section shall provide for the imposition or
continuance of a user charge system in accordance with the
acquiring district's ordinance, the Illinois Environmental
Protection Act, and the federal Clean Water Act.
(h) All courts shall take judicial notice of the
acquisition of the sanitary district being acquired or
municipal treatment works by the acquiring sanitary district.
(Source: P.A. 87-1060.)
Section 30. The Sanitary District Act of 1917 is amended
by changing Sections 1 and 17.1 as follows:
(70 ILCS 2405/1) (from Ch. 42, par. 299)
Sec. 1. Whenever any area of contiguous territory shall
contain one or more incorporated cities, towns or villages or
parts of one or more incorporated cities, towns or villages,
and shall be so situated that the construction and maintenance
of a plant or plants for the purification and treatment of
sewage and the maintenance of one or more outlets for the
drainage thereof, after having been so treated and purified by
and through such plant or plants will conduce to the
preservation of the public health, comfort and convenience,
the same may be incorporated as a sanitary district under this
Act in the manner following:
Any 100 legal voters, resident within the limits of such

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proposed sanitary district, may petition the Circuit Court in
the county in which the proposed district or the major portion
thereof is located, to cause the question to be submitted to
the legal voters of such proposed district whether such
proposed territory shall be organized as a sanitary district
under this Act, such petition shall be addressed to the
Circuit Court and shall contain a definite description of the
territory to be embraced in such district, and the name of such
proposed sanitary district: However, no territory shall be
included in any municipal corporation formed hereunder which
is not situated within the limits of a city, incorporated town
or village, or within 6 miles outside thereof, and no
territory shall be included within more than one sanitary
district organized under this Act or any other Act, except
that territory included within a sanitary district organized
under the Metro-East Flood Prevention District Act Metro-East
Sanitary District Act of 1974 may also be included within a
sanitary district organized under this Act. Upon filing of
such petition in the office of the circuit clerk in the county
in which such territory or the major portion thereof is
situated, it shall be the duty of the Circuit Court to name 3
judges of such Court who shall constitute a board of
commissioners which shall have power and authority to consider
the boundaries of any such proposed sanitary district, whether
the same shall be as described in such petition or otherwise,
and the decision of 2 of such commissioners shall be

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conclusive and not subject to review in any manner, directly
or indirectly.
Notice shall be given by such court of the time and place
where such commissioners will meet, by a publication inserted
in one or more daily or weekly papers published in such
proposed district, at least 20 days prior to such meeting and
if no such newspaper is published in such proposed district,
then by posting at least 5 copies of such notice in such
proposed district at least 20 days before such hearing.
At such meeting all persons in such proposed district
shall have an opportunity to be heard touching the location
and boundary of such proposed district and to make suggestions
regarding the same, and such commissioners, after hearing
statements, evidence and suggestions, shall fix and determine
the limits and boundaries of such proposed district, and for
that purpose and to that extent may alter and amend such
petition. After such determination by the commissioners or a
majority of them, the same shall be incorporated in an order
which shall be entered of record in the Circuit Court. Upon the
entering of such order, the Circuit Court shall certify the
question to the proper election officials who shall submit the
question of organization and establishment of the proposed
sanitary district as determined by the commissioners, at an
election in accordance with the general election law.
Each legal voter resident within such proposed sanitary
district shall have the right to cast a ballot at such

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election. The proposition shall be in substantially the
following form:
----------------------------------------------
For Sanitary District
-------------------------------------------------------------
Against Sanitary District
-------------------------------------------------------------
The Circuit Court shall cause a statement of the result of
such election to be entered of record in the Circuit Court. If
a majority of the votes cast upon the question of
incorporation of the proposed sanitary district shall be in
favor of the proposed sanitary district, such proposed
district shall thenceforth be deemed an organized sanitary
district under this Act.
(Source: P.A. 83-1425.)
(70 ILCS 2405/17.1) (from Ch. 42, par. 316.1)
Sec. 17.1. Acquiring district or municipal treatment
works.
(a) After incorporation, any district organized under this
Act may, in accordance with this Act and an intergovernmental
agreement with the sanitary district being acquired or the
municipality from whom the treatment works and lines are to be
acquired, acquire the territory, treatment works, lines,
appurtenances, and other property of (i) any sanitary district
organized under this Act, the Sanitary District Act of 1907,

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the North Shore Water Reclamation District Act, the Sanitary
District Act of 1936, or the Metro-East Flood Prevention
District Act Metro-East Sanitary District Act of 1974 or (ii)
any municipality whose treatment works were established under
the Illinois Municipal Code or the Municipal Wastewater
Disposal Zones Act, regardless of whether that district or
municipality is contiguous to the acquiring sanitary district.
The distance between the sanitary district being acquired or
municipality and the acquiring sanitary district, however, as
measured between the points on their corporate boundaries that
are nearest to each other, shall not exceed 20 miles. In the
case of a municipality, only that property used by the
municipality for transport, treatment, and discharge of
wastewater and for disposal of sewage sludge shall be
transferred to the acquiring sanitary district.
(b) The board of trustees of the sanitary district being
acquired, or the corporate authorities of a municipality whose
treatment works is being acquired, shall, jointly with the
board of trustees of the acquiring sanitary district, petition
the circuit court of the county containing all or the larger
portion of the sanitary district being acquired or the
municipality to permit the acquisition. The petition shall
show the following:
(1) The reason for the acquisition.
(2) That there are no debts of the sanitary district
being acquired or municipality outstanding, or that there

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are sufficient funds on hand or available to satisfy those
debts.
(3) That no contract or federal or State permit or
grant will be impaired by the acquisition.
(4) That all assets and responsibilities of the
sanitary district being acquired or municipality, as they
relate to wastewater treatment, have been properly
assigned to the acquiring sanitary district.
(5) That the acquiring sanitary district will pay any
court costs incurred in connection with the petition.
(6) The boundaries of the acquired sanitary district
or municipality as of the date of the petition.
(c) Upon adequate notice, including appropriate notice to
the Illinois Environmental Protection Agency, the circuit
court shall hold a hearing to determine whether there is good
cause for the acquisition by the acquiring district and
whether the allegations of the petition are true. If the court
finds that there is good cause and that the allegations are
true, it shall order the acquisition to proceed. If the court
finds that there is not good cause for the acquisition or that
the allegations of the petition are not true, the court shall
dismiss the petition. In either event, the costs shall be
taxed against the acquiring sanitary district. The order shall
be final. Separate or joint appeals may be taken by any party
affected by the order as in other civil cases.
(d) If the court orders the acquisition contemplated in

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the petition, there shall be no further appointments of
trustees if the acquired agency is a sanitary district. The
trustees of the acquired sanitary district acting at the time
of the order shall close up the business affairs of the
sanitary district and make the necessary conveyances of title
to the sanitary district property in accordance with the
intergovernmental agreement between the acquiring and acquired
sanitary districts. In the case of a municipality, the
governing body of the municipality shall make the necessary
conveyances of title to municipal property to the acquiring
sanitary district in accordance with the intergovernmental
agreement between the municipality and the acquiring sanitary
district. The acquiring sanitary district's ordinances take
effect in the acquired territory upon entry of the order.
(e) The acquisition of any sanitary district by another
sanitary district or the acquisition of a treatment works from
a municipality by another sanitary district shall not affect
the obligation of any bonds issued or contracts entered into
by the acquired sanitary district or the municipality, nor
invalidate the levy, extension, or collection of any taxes or
special assessments upon a property in the acquired sanitary
district, but all those bonds and contracts shall be
discharged. The general obligation indebtedness of the
acquired sanitary district shall be paid from the proceeds of
continuing taxes and special assessments as provided in this
Act.

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All money remaining after the business affairs of the
acquired sanitary district or acquired treatment works of the
municipality have been closed up and all debts and obligations
of the entities paid shall be paid to the acquiring sanitary
district in accordance with the intergovernmental agreement
between the parties.
(f) The board of trustees of the acquiring sanitary
district required to provide sewer service under this Act may
levy and collect, for that purpose, a tax on the taxable
property within that district. The aggregate amount of the tax
shall be as provided in this Act.
(g) Any intergovernmental agreement entered into by the
parties under this Section shall provide for the imposition or
continuance of a user charge system in accordance with the
acquiring district's ordinance, the Illinois Environmental
Protection Act, and the federal Clean Water Act.
(h) All courts shall take judicial notice of the
acquisition of the sanitary district being acquired or
municipal treatment works by the acquiring sanitary district.
(Source: P.A. 99-669, eff. 7-29-16.)
Section 35. The Metro-East Sanitary District Act of 1974
is amended by changing the Act title and Sections 1-1, 3-1, and
5-1 as follows:
(70 ILCS 2905/Act title)

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An Act concerning local government authorizing the
reorganization of certain sanitary districts.
(70 ILCS 2905/1-1) (from Ch. 42, par. 501-1)
Sec. 1-1. This Act shall be known and may be cited as the
Metro-East Flood Prevention District Act "Metro-East Sanitary
District Act of 1974".
(Source: P.A. 78-1017.)
(70 ILCS 2905/3-1) (from Ch. 42, par. 503-1)
Sec. 3-1. The district shall be governed by a Board of
Commissioners, consisting of 5 commissioners. Two of the
commissioners shall be residents of that portion of the
district in the county having the greater equalized assessed
valuation within the district's boundaries of the district,
and 2 shall be residents of that portion of the district within
in the other county. The appointment of commissioners from
each county shall be made by the chairman of the county board
of that county with the advice and consent of the county board,
except that in the case of a home rule county as defined by
Article VII, Section 6, of the Constitution of 1970 the
appointment shall be made by the chief executive officer of
the county with the advice and consent of the county board.
Beginning on the effective date of this amendatory Act of the
101st General Assembly, the mayor, or his or her designee, of
the largest municipality in the county having the greater

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equalized assessed valuation within the district's boundaries
of the district shall be an ex officio commissioner with a
right to vote. If there is not a vacant commissioner position
from the county having the greater equalized assessed
valuation on the effective date of this amendatory Act of the
101st General Assembly, then the term of the last appointed
commissioner from that county is terminated on the effective
date of this amendatory Act of the 101st General Assembly.
The appointed commissioners from each county may not be
from the same political party.
The County Board Chairman of either county may remove any
of the appointed commissioners from his or her county with the
advice and consent of the county board.
In the first appointments to the Board of Commissioners,
the appointing authority appointing 3 directors shall
designate one appointee to serve for a term of one year, one
for a term of 3 years and one for a term of 5 years, and the
appointing authority appointing 2 directors shall designate
one to serve for a term of 2 years and one for a term of 4
years. Thereafter one commissioner shall be appointed by the
appropriate appointing authority each year for a term of 5
years to succeed the director whose term expires in that year.
Any vacancy on the Board of Commissioners shall be filled by
appointment by the appropriate appointing authority for the
remainder of the unexpired term.
For the purpose of determining the ex officio

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commissioner, the county having the greater equalized assessed
valuation of the district shall be established on January 1 of
each year, and the ex officio commissioner shall serve until
January 1 of the following year.
(Source: P.A. 101-308, eff. 1-1-20.)
(70 ILCS 2905/5-1) (from Ch. 42, par. 505-1)
Sec. 5-1. Taxes; levy.
(a) The board may levy and collect taxes for corporate
purposes on taxable property within the corporate boundaries
of the district including property annexed pursuant to Section
2-11. Such taxes shall be levied by ordinance specifying the
purposes for which the same are required, and a certified copy
of such ordinance shall be filed with the county clerk of the
county in which the predecessor district was organized, on or
before the second Tuesday in August, as provided in Section
122 of the Revenue Act of 1939 (superseded by Section 14-10 of
the Property Tax Code). Any excess funds accumulated prior to
January 1, 2008 by the sanitary district that are collected by
levying taxes pursuant to 745 ILCS 10/9-107 may be expended by
the sanitary district to maintain, repair, improve, or
construct levees or any part of the levee system and to provide
capital moneys for levee or river-related scientific studies,
including the construction of facilities for such purposes.
For the purposes of this subsection (a), the excess funds
withdrawn from the Local Governmental and Governmental

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Employees Tort Immunity Fund may not be more than 90% of the
balance of that fund on December 31, 2007. After the
assessment for the current year has been equalized by the
Department of Revenue, the board shall, as soon as may be,
ascertain and certify to such county clerk the total value of
all taxable property lying within the corporate limits of such
districts in each of the counties in which the district is
situated, as the same is assessed and equalized for tax
purposes for the current year. The county clerk shall
ascertain the rate per cent which, upon the total valuation of
all such property, ascertained as above stated, would produce
a net amount not less than the amount so directed to be levied;
and the clerk shall, without delay, certify under his
signature and seal of office to the county clerk of such other
county, in which a portion of the district is situated such
rate per cent; and it shall be the duty of each of the county
clerks to extend such tax in a separate column upon the books
of the collector or collectors of the county taxes for the
counties, against all property in their respective counties,
within the limits of the district. All taxes so levied and
certified shall be collected and enforced in the same manner,
and by the same officers as county taxes, and shall be paid
over by the officers collecting the same, to the treasurer of
the sanitary district, in the manner and at the time provided
by the Property Tax Code. The aggregate amount of taxes levied
for any one year, exclusive of the amount levied for the

HB4365 Enrolled - 27 - LRB104 17396 RTM 30821 b
payment of bonded indebtedness and interest thereon, shall not
exceed the rate of .20%, or the rate limitation of the
predecessor district in effect on July 1, 1967, or the rate
limitation set by subsection (b) whichever is greater, of
value, as equalized or assessed by the Department of Revenue.
The foregoing limitations upon tax rates may be increased or
decreased under the referendum provisions of the Property Tax
Code.
(b) The tax rate limit of the district may be changed to
.478% of the value of property as equalized or assessed by the
Department of Revenue for a period of 5 years and to .312% of
such value thereafter upon the approval of the electors of the
district of such a proposition submitted at any regular
election pursuant to a resolution of the board of
commissioners or submitted at an election for officers of the
counties of St. Clair and Madison in accordance with the
general election law upon a petition signed by not fewer than
10% of the legal voters in the district, which percentage
shall be determined on the basis of the number of votes cast at
the last general election preceding the filing of such
petition specifying the tax rate to be submitted. Such
petition shall be filed with the executive director of the
district not more than 10 months nor less than 5 months prior
to the election at which the question is to be submitted to the
voters of the district, and its validity shall be determined
as provided by the general election law. The executive

HB4365 Enrolled - 28 - LRB104 17396 RTM 30821 b
director shall certify the question to the proper election
officials, who shall submit the question to the voters.
Notice shall be given in the manner provided by the
general election law.
Referenda initiated under this subsection shall be subject
to the provisions and limitations of the general election law.
The question shall be in substantially the following form:
-
Shall the maximum tax rate
for the Metro-East Flood Prevention District Metro-East
Sanitary
District be established at YES
.478% of the equalized assessed
value for 5 years and then at .312% -----------------------
of the equalized assessed value
thereafter, instead of .2168%, the NO
maximum rate otherwise applicable
to the next taxes to be extended?
-------------------------------------------------------------
The ballot shall have printed thereon, but not as a part of
the proposition submitted, an estimate of the approximate
amount extendable under the proposed rate and of the
approximate amount extendable under the rate otherwise
applicable to the next taxes to be extended, such amounts
being computed upon the last known equalized assessed value;
provided, that any error, miscalculation or inaccuracy in

HB4365 Enrolled - 29 - LRB104 17396 RTM 30821 b
computing such amounts shall not invalidate or affect the
validity of any tax rate limit so adopted.
If a majority of all ballots cast on such proposition
shall be in favor of the proposition, the tax rate limit so
established shall become effective with the levy next
following the referendum; provided that nothing in this
subsection shall be construed as precluding the extension of
taxes at rates less than that authorized by such referendum.
Except as herein otherwise provided, the referenda
authorized by the terms of this subsection shall be conducted
in all respects in the manner provided by the general election
law.
(Source: P.A. 95-723, eff. 6-23-08; 96-1070, eff. 1-1-11.)
Section 40. The Public Utilities Act is amended by
changing Section 5-106 as follows:
(220 ILCS 5/5-106) (from Ch. 111 2/3, par. 5-106)
Sec. 5-106. Each public utility shall have an office in
one of the cities, villages or incorporated towns in this
State in which its property or some part thereof is located,
and shall keep in said office all such books, accounts,
papers, records and memoranda as shall be ordered by the
Commission to be kept within the State. The address of such
office shall be filed with the Commission. No books, accounts,
papers, records or memoranda ordered by the Commission to be

HB4365 Enrolled - 30 - LRB104 17396 RTM 30821 b
kept within the State shall be at any time removed from the
State, except upon such conditions as may be prescribed by the
Commission.
Each public utility shall be liable for, and upon proper
invoice from the Commission shall promptly reimburse the
Commission for, the reasonable costs and expenses associated
with the audit or inspection of any books, accounts, papers,
records and memoranda kept outside the State.
In the case of a public utility that provides drinking
water services, upon the request of a municipal wastewater
agency or unit of local government organized under the
Sanitary District Act of 1907, the North Shore Water
Reclamation District Act, the Sanitary District Act of 1917,
the Metropolitan Water Reclamation District Act, the Sanitary
District Act of 1936, the Metro-East Flood Prevention District
Act Metro-East Sanitary District Act of 1974, or the Eastern
Will Sanitary District Act, such public utility shall provide
timely and accurate water usage data, in a format identifiable
to the requester, for purposes of calculating wastewater
billings. The public utility shall be entitled to collect its
reasonable costs incurred to provide such data.
(Source: P.A. 103-716, eff. 1-1-25.)
Section 45. The Eminent Domain Act is amended by changing
Section 15-5-15 as follows:

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(735 ILCS 30/15-5-15)
(Text of Section before amendment by P.A. 104-457)
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
through 75. The following provisions of law may include
express grants of the power to acquire property by
condemnation or eminent domain:
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
authorities; for public airport facilities.
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
authorities; for removal of airport hazards.
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
authorities; for reduction of the height of objects or
structures.
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
airport authorities; for general purposes.
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
Act; Kankakee River Valley Area Airport Authority; for
acquisition of land for airports.
(70 ILCS 200/2-20); Civic Center Code; civic center
authorities; for grounds, centers, buildings, and parking.
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.

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(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
District Civic Center Authority; for grounds, centers,
buildings, and parking.
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/60-30); Civic Center Code; Collinsville
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/80-15); Civic Center Code; DuPage County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.

HB4365 Enrolled - 33 - LRB104 17396 RTM 30821 b
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/120-25); Civic Center Code; Jefferson County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
Center Authority; for grounds, centers, buildings, and
parking.

HB4365 Enrolled - 34 - LRB104 17396 RTM 30821 b
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
Metropolitan Exposition Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
Exposition, Auditorium and Office Building Authorities;
for general purposes.
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
Civic Center Authority; for grounds, centers, buildings,
and parking.

HB4365 Enrolled - 35 - LRB104 17396 RTM 30821 b
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/230-35); Civic Center Code; River Forest
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/255-20); Civic Center Code; Springfield
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic

HB4365 Enrolled - 36 - LRB104 17396 RTM 30821 b
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/280-20); Civic Center Code; Will County
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
Act; Metropolitan Pier and Exposition Authority; for
general purposes, including quick-take power.
(70 ILCS 405/22.04); Soil and Water Conservation Districts
Act; soil and water conservation districts; for general
purposes.
(70 ILCS 410/10 and 410/12); Conservation District Act;
conservation districts; for open space, wildland, scenic
roadway, pathway, outdoor recreation, or other
conservation benefits.
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
Redevelopment Commission Act; Chanute-Rantoul National
Aviation Center Redevelopment Commission; for general
purposes.
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
Fort Sheridan Redevelopment Commission; for general
purposes or to carry out comprehensive or redevelopment
plans.
(70 ILCS 520/8); Southwestern Illinois Development Authority
Act; Southwestern Illinois Development Authority; for
general purposes, including quick-take power.

HB4365 Enrolled - 37 - LRB104 17396 RTM 30821 b
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
drainage districts; for general purposes.
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
corporate authorities; for construction and maintenance of
works.
(70 ILCS 705/10); Fire Protection District Act; fire
protection districts; for general purposes.
(70 ILCS 750/20); Flood Prevention District Act; flood
prevention districts; for general purposes.
(70 ILCS 805/6); Downstate Forest Preserve District Act;
certain forest preserve districts; for general purposes.
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
certain forest preserve districts; for recreational and
cultural facilities.
(70 ILCS 810/8); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for general
purposes.
(70 ILCS 810/38); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for recreational
facilities.
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
districts; for hospitals or hospital facilities.
(70 ILCS 915/3); Illinois Medical District Act; Illinois
Medical District Commission; for general purposes.
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
Medical District Commission; quick-take power for the

HB4365 Enrolled - 38 - LRB104 17396 RTM 30821 b
Illinois State Police Forensic Science Laboratory
(obsolete).
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
tuberculosis sanitarium districts; for tuberculosis
sanitariums.
(70 ILCS 925/20); Mid-Illinois Medical District Act;
Mid-Illinois Medical District; for general purposes.
(70 ILCS 930/20); Mid-America Medical District Act;
Mid-America Medical District Commission; for general
purposes.
(70 ILCS 935/20); Roseland Community Medical District Act;
medical district; for general purposes.
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
abatement districts; for general purposes.
(70 ILCS 1105/8); Museum District Act; museum districts; for
general purposes.
(70 ILCS 1205/7-1); Park District Code; park districts; for
streets and other purposes.
(70 ILCS 1205/8-1); Park District Code; park districts; for
parks.
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
districts; for airports and landing fields.
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
districts; for State land abutting public water and
certain access rights.
(70 ILCS 1205/11.1-3); Park District Code; park districts; for

HB4365 Enrolled - 39 - LRB104 17396 RTM 30821 b
harbors.
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
park districts; for street widening.
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
Control Act; park districts; for parks, boulevards,
driveways, parkways, viaducts, bridges, or tunnels.
(70 ILCS 1250/2); Park Commissioners Street Control (1889)
Act; park districts; for boulevards or driveways.
(70 ILCS 1290/1); Park District Aquarium and Museum Act;
municipalities or park districts; for aquariums or
museums.
(70 ILCS 1305/2); Park District Airport Zoning Act; park
districts; for restriction of the height of structures.
(70 ILCS 1310/5); Park District Elevated Highway Act; park
districts; for elevated highways.
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
District; for parks and other purposes.
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
District; for parking lots or garages.
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
District; for harbors.
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
Act; Lincoln Park Commissioners; for land and interests in
land, including riparian rights.
(70 ILCS 1801/30); Alexander-Cairo Port District Act;
Alexander-Cairo Port District; for general purposes.

HB4365 Enrolled - 40 - LRB104 17396 RTM 30821 b
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
Regional Port District; for general purposes.
(70 ILCS 1810/7); Illinois International Port District Act;
Illinois International Port District; for general
purposes.
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
Illinois Valley Regional Port District; for general
purposes.
(70 ILCS 1820/4); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for removal of airport hazards or reduction of
the height of objects or structures.
(70 ILCS 1820/5); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for general purposes.
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of airport hazards.
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of hazards from ports
and terminals.
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
Regional Port District; for general purposes.
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;

HB4365 Enrolled - 41 - LRB104 17396 RTM 30821 b
Kaskaskia Regional Port District; for removal of hazards
from ports and terminals.
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for general purposes.
(70 ILCS 1831/30); Massac-Metropolis Port District Act;
Massac-Metropolis Port District; for general purposes.
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
Mt. Carmel Regional Port District; for removal of airport
hazards.
(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
District; for general purposes.
(70 ILCS 1842/30 and 1842/35); Rock Island Regional Port
District Act; Rock Island Regional Port District and
participating municipalities; for general Port District
purposes.
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
Regional Port District; for removal of airport hazards.
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
Regional Port District; for general purposes.
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.

HB4365 Enrolled - 42 - LRB104 17396 RTM 30821 b
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for general purposes.
(70 ILCS 1860/4); Tri-City Regional Port District Act;
Tri-City Regional Port District; for removal of airport
hazards.
(70 ILCS 1860/5); Tri-City Regional Port District Act;
Tri-City Regional Port District; for the development of
facilities.
(70 ILCS 1863/11); Upper Mississippi River International Port
District Act; Upper Mississippi River International Port
District; for general purposes.
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
District; for removal of airport hazards.
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
District; for restricting the height of objects or
structures.
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
District; for the development of facilities.
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
Terminal Authority (Chicago); for general purposes.
(70 ILCS 2105/9b); River Conservancy Districts Act; river
conservancy districts; for general purposes.
(70 ILCS 2105/10a); River Conservancy Districts Act; river
conservancy districts; for corporate purposes.
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
districts; for corporate purposes.

HB4365 Enrolled - 43 - LRB104 17396 RTM 30821 b
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
districts; for improvements and works.
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
districts; for access to property.
(70 ILCS 2305/8); North Shore Water Reclamation District Act;
North Shore Water Reclamation District; for corporate
purposes.
(70 ILCS 2305/15); North Shore Water Reclamation District Act;
North Shore Water Reclamation District; for improvements.
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
District of Decatur; for carrying out agreements to sell,
convey, or disburse treated wastewater to a private
entity.
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
districts; for corporate purposes.
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
districts; for improvements.
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
1917; sanitary districts; for waterworks.
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
districts; for public sewer and water utility treatment
works.
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;

HB4365 Enrolled - 44 - LRB104 17396 RTM 30821 b
Metropolitan Water Reclamation District; for corporate
purposes.
(70 ILCS 2605/16); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; quick-take
power for improvements.
(70 ILCS 2605/17); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for bridges.
(70 ILCS 2605/35); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for widening
and deepening a navigable stream.
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
districts; for corporate purposes.
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
districts; for improvements.
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
1936; sanitary districts; for drainage systems.
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
districts; for water supply.
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
districts; for waterworks.
(70 ILCS 2905/2-7); Metro-East Flood Prevention District Act
Metro-East Sanitary District Act of 1974; Metro-East Flood
Prevention District Metro-East Sanitary District; for

HB4365 Enrolled - 45 - LRB104 17396 RTM 30821 b
corporate purposes.
(70 ILCS 2905/2-8); Metro-East Flood Prevention District Act
Metro-East Sanitary District Act of 1974; Metro-East Flood
Prevention District Metro-East Sanitary District; for
access to property.
(70 ILCS 3010/10); Sanitary District Revenue Bond Act;
sanitary districts; for sewerage systems.
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
Illinois Sports Facilities Authority; quick-take power for
its corporate purposes (obsolete).
(70 ILCS 3405/16); Surface Water Protection District Act;
surface water protection districts; for corporate
purposes.
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
Transit Authority; for transportation systems.
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes.
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes, including
railroad property.
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
local mass transit districts; for general purposes.
(70 ILCS 3615/2.13); Regional Transportation Authority Act;
Regional Transportation Authority; for general purposes.
(70 ILCS 3705/8 and 3705/12); Public Water District Act;
public water districts; for waterworks.

HB4365 Enrolled - 46 - LRB104 17396 RTM 30821 b
(70 ILCS 3705/23a); Public Water District Act; public water
districts; for sewerage properties.
(70 ILCS 3705/23e); Public Water District Act; public water
districts; for combined waterworks and sewerage systems.
(70 ILCS 3715/6); Water Authorities Act; water authorities;
for facilities to ensure adequate water supply.
(70 ILCS 3715/27); Water Authorities Act; water authorities;
for access to property.
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
trustees; for library buildings.
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
public library districts; for general purposes.
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
authorities of city or park district, or board of park
commissioners; for free public library buildings.
(Source: 104-435, eff. 11-21-25; 104-454, eff. 12-12-25;
revised 1-8-26.)
(Text of Section after amendment by P.A. 104-457)
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
through 75. The following provisions of law may include
express grants of the power to acquire property by
condemnation or eminent domain:
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
authorities; for public airport facilities.

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(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
authorities; for removal of airport hazards.
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
authorities; for reduction of the height of objects or
structures.
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
airport authorities; for general purposes.
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
Act; Kankakee River Valley Area Airport Authority; for
acquisition of land for airports.
(70 ILCS 200/2-20); Civic Center Code; civic center
authorities; for grounds, centers, buildings, and parking.
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
District Civic Center Authority; for grounds, centers,
buildings, and parking.
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic

HB4365 Enrolled - 48 - LRB104 17396 RTM 30821 b
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/60-30); Civic Center Code; Collinsville
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/80-15); Civic Center Code; DuPage County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
Center Authority; for grounds, centers, buildings, and
parking.

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(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/120-25); Civic Center Code; Jefferson County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
Metropolitan Exposition Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan

HB4365 Enrolled - 50 - LRB104 17396 RTM 30821 b
Exposition, Auditorium and Office Building Authorities;
for general purposes.
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/230-35); Civic Center Code; River Forest
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.

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(70 ILCS 200/235-40); Civic Center Code; Riverside Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/255-20); Civic Center Code; Springfield
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/280-20); Civic Center Code; Will County
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
Act; Metropolitan Pier and Exposition Authority; for
general purposes, including quick-take power.
(70 ILCS 405/22.04); Soil and Water Conservation Districts

HB4365 Enrolled - 52 - LRB104 17396 RTM 30821 b
Act; soil and water conservation districts; for general
purposes.
(70 ILCS 410/10 and 410/12); Conservation District Act;
conservation districts; for open space, wildland, scenic
roadway, pathway, outdoor recreation, or other
conservation benefits.
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
Redevelopment Commission Act; Chanute-Rantoul National
Aviation Center Redevelopment Commission; for general
purposes.
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
Fort Sheridan Redevelopment Commission; for general
purposes or to carry out comprehensive or redevelopment
plans.
(70 ILCS 520/8); Southwestern Illinois Development Authority
Act; Southwestern Illinois Development Authority; for
general purposes, including quick-take power.
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
drainage districts; for general purposes.
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
corporate authorities; for construction and maintenance of
works.
(70 ILCS 705/10); Fire Protection District Act; fire
protection districts; for general purposes.
(70 ILCS 750/20); Flood Prevention District Act; flood
prevention districts; for general purposes.

HB4365 Enrolled - 53 - LRB104 17396 RTM 30821 b
(70 ILCS 805/6); Downstate Forest Preserve District Act;
certain forest preserve districts; for general purposes.
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
certain forest preserve districts; for recreational and
cultural facilities.
(70 ILCS 810/8); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for general
purposes.
(70 ILCS 810/38); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for recreational
facilities.
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
districts; for hospitals or hospital facilities.
(70 ILCS 915/3); Illinois Medical District Act; Illinois
Medical District Commission; for general purposes.
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
Medical District Commission; quick-take power for the
Illinois State Police Forensic Science Laboratory
(obsolete).
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
tuberculosis sanitarium districts; for tuberculosis
sanitariums.
(70 ILCS 925/20); Mid-Illinois Medical District Act;
Mid-Illinois Medical District; for general purposes.
(70 ILCS 930/20); Mid-America Medical District Act;
Mid-America Medical District Commission; for general

HB4365 Enrolled - 54 - LRB104 17396 RTM 30821 b
purposes.
(70 ILCS 935/20); Roseland Community Medical District Act;
medical district; for general purposes.
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
abatement districts; for general purposes.
(70 ILCS 1105/8); Museum District Act; museum districts; for
general purposes.
(70 ILCS 1205/7-1); Park District Code; park districts; for
streets and other purposes.
(70 ILCS 1205/8-1); Park District Code; park districts; for
parks.
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
districts; for airports and landing fields.
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
districts; for State land abutting public water and
certain access rights.
(70 ILCS 1205/11.1-3); Park District Code; park districts; for
harbors.
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
park districts; for street widening.
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water
Control Act; park districts; for parks, boulevards,
driveways, parkways, viaducts, bridges, or tunnels.
(70 ILCS 1250/2); Park Commissioners Street Control (1889)
Act; park districts; for boulevards or driveways.
(70 ILCS 1290/1); Park District Aquarium and Museum Act;

HB4365 Enrolled - 55 - LRB104 17396 RTM 30821 b
municipalities or park districts; for aquariums or
museums.
(70 ILCS 1305/2); Park District Airport Zoning Act; park
districts; for restriction of the height of structures.
(70 ILCS 1310/5); Park District Elevated Highway Act; park
districts; for elevated highways.
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
District; for parks and other purposes.
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
District; for parking lots or garages.
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
District; for harbors.
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
Act; Lincoln Park Commissioners; for land and interests in
land, including riparian rights.
(70 ILCS 1801/30); Alexander-Cairo Port District Act;
Alexander-Cairo Port District; for general purposes.
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
Regional Port District; for general purposes.
(70 ILCS 1810/7); Illinois International Port District Act;
Illinois International Port District; for general
purposes.
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
Illinois Valley Regional Port District; for general
purposes.
(70 ILCS 1820/4); Jackson-Union Counties Regional Port

HB4365 Enrolled - 56 - LRB104 17396 RTM 30821 b
District Act; Jackson-Union Counties Regional Port
District; for removal of airport hazards or reduction of
the height of objects or structures.
(70 ILCS 1820/5); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for general purposes.
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of airport hazards.
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of hazards from ports
and terminals.
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
Regional Port District; for general purposes.
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for removal of hazards
from ports and terminals.
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for general purposes.
(70 ILCS 1831/30); Massac-Metropolis Port District Act;
Massac-Metropolis Port District; for general purposes.
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;
Mt. Carmel Regional Port District; for removal of airport
hazards.

HB4365 Enrolled - 57 - LRB104 17396 RTM 30821 b
(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
District; for general purposes.
(70 ILCS 1842/30 and 1842/35); Rock Island Regional Port
District Act; Rock Island Regional Port District and
participating municipalities; for general Port District
purposes.
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
Regional Port District; for removal of airport hazards.
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
Regional Port District; for general purposes.
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for general purposes.
(70 ILCS 1860/4); Tri-City Regional Port District Act;
Tri-City Regional Port District; for removal of airport
hazards.
(70 ILCS 1860/5); Tri-City Regional Port District Act;
Tri-City Regional Port District; for the development of
facilities.
(70 ILCS 1863/11); Upper Mississippi River International Port

HB4365 Enrolled - 58 - LRB104 17396 RTM 30821 b
District Act; Upper Mississippi River International Port
District; for general purposes.
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
District; for removal of airport hazards.
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
District; for restricting the height of objects or
structures.
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
District; for the development of facilities.
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
Terminal Authority (Chicago); for general purposes.
(70 ILCS 2105/9b); River Conservancy Districts Act; river
conservancy districts; for general purposes.
(70 ILCS 2105/10a); River Conservancy Districts Act; river
conservancy districts; for corporate purposes.
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
districts; for corporate purposes.
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
districts; for improvements and works.
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
districts; for access to property.
(70 ILCS 2305/8); North Shore Water Reclamation District Act;
North Shore Water Reclamation District; for corporate
purposes.
(70 ILCS 2305/15); North Shore Water Reclamation District Act;
North Shore Water Reclamation District; for improvements.

HB4365 Enrolled - 59 - LRB104 17396 RTM 30821 b
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
District of Decatur; for carrying out agreements to sell,
convey, or disburse treated wastewater to a private
entity.
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
districts; for corporate purposes.
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
districts; for improvements.
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
1917; sanitary districts; for waterworks.
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
districts; for public sewer and water utility treatment
works.
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
Metropolitan Water Reclamation District; for corporate
purposes.
(70 ILCS 2605/16); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; quick-take
power for improvements.
(70 ILCS 2605/17); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for bridges.
(70 ILCS 2605/35); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for widening

HB4365 Enrolled - 60 - LRB104 17396 RTM 30821 b
and deepening a navigable stream.
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
districts; for corporate purposes.
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
districts; for improvements.
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of
1936; sanitary districts; for drainage systems.
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
districts; for water supply.
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
districts; for waterworks.
(70 ILCS 2905/2-7); Metro-East Flood Prevention District Act
Metro-East Sanitary District Act of 1974; Metro-East Flood
Prevention District Metro-East Sanitary District; for
corporate purposes.
(70 ILCS 2905/2-8); Metro-East Flood Prevention District Act
Metro-East Sanitary District Act of 1974; Metro-East Flood
Prevention District Metro-East Sanitary District; for
access to property.
(70 ILCS 3010/10); Sanitary District Revenue Bond Act;
sanitary districts; for sewerage systems.
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
Illinois Sports Facilities Authority; quick-take power for

HB4365 Enrolled - 61 - LRB104 17396 RTM 30821 b
its corporate purposes (obsolete).
(70 ILCS 3405/16); Surface Water Protection District Act;
surface water protection districts; for corporate
purposes.
(70 ILCS 3605/7); Chicago Transit Authority Act; Chicago
Transit Authority; for transportation systems.
(70 ILCS 3605/8); Chicago Transit Authority Act; Chicago
Transit Authority; for general purposes.
(70 ILCS 3605/10); Chicago Transit Authority Act; Chicago
Transit Authority; for general purposes, including
railroad property.
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
local mass transit districts; for general purposes.
(70 ILCS 3615/2.13); Northern Illinois Transit Authority Act;
Northern Illinois Transit Authority; for general purposes.
(70 ILCS 3705/8 and 3705/12); Public Water District Act;
public water districts; for waterworks.
(70 ILCS 3705/23a); Public Water District Act; public water
districts; for sewerage properties.
(70 ILCS 3705/23e); Public Water District Act; public water
districts; for combined waterworks and sewerage systems.
(70 ILCS 3715/6); Water Authorities Act; water authorities;
for facilities to ensure adequate water supply.
(70 ILCS 3715/27); Water Authorities Act; water authorities;
for access to property.
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library

HB4365 Enrolled - 62 - LRB104 17396 RTM 30821 b
trustees; for library buildings.
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
public library districts; for general purposes.
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
authorities of city or park district, or board of park
commissioners; for free public library buildings.
(Source: 104-435, eff. 11-21-25; 104-454, eff. 12-12-25;
104-457, Article 5, Section 5-925, eff. 6-1-26; 104-457,
Article 10, Section 10-75, eff. 6-1-26; 104-457, Article 15,
Section 15-210, eff. 6-1-26; revised 1-8-26.)
Section 50. The Local Governmental and Governmental
Employees Tort Immunity Act is amended by changing Section
9-107 as follows:
(745 ILCS 10/9-107) (from Ch. 85, par. 9-107)
Sec. 9-107. Policy; tax levy.
(a) The General Assembly finds that the purpose of this
Section is to provide an extraordinary tax for funding
expenses relating to (i) tort liability, (ii) liability
relating to actions brought under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 or the Environmental Protection Act, but only until
December 31, 2010, (iii) insurance, and (iv) risk management
programs. Thus, the tax has been excluded from various
limitations otherwise applicable to tax levies.

HB4365 Enrolled - 63 - LRB104 17396 RTM 30821 b
Notwithstanding the extraordinary nature of the tax authorized
by this Section, however, it has become apparent that some
units of local government are using the tax revenue to fund
expenses more properly paid from general operating funds.
These uses of the revenue are inconsistent with the limited
purpose of the tax authorization.
Therefore, the General Assembly declares, as a matter of
policy, that (i) the use of the tax revenue authorized by this
Section for purposes not expressly authorized under this Act
is improper and (ii) the provisions of this Section shall be
strictly construed consistent with this declaration and the
Act's express purposes.
(b) A local public entity may annually levy or have levied
on its behalf taxes upon all taxable property within its
territory at a rate that will produce a sum that will be
sufficient to: (i) pay the cost of insurance, individual or
joint self-insurance (including reserves thereon), including
all operating and administrative costs and expenses directly
associated therewith, claims services and risk management
directly attributable to loss prevention and loss reduction,
legal services directly attributable to the insurance,
self-insurance, or joint self-insurance program, and
educational, inspectional, and supervisory services directly
relating to loss prevention and loss reduction, participation
in a reciprocal insurer as provided in Sections 72, 76, and 81
of the Illinois Insurance Code, or participation in a

HB4365 Enrolled - 64 - LRB104 17396 RTM 30821 b
reciprocal insurer, all as provided in settlements or
judgments under Section 9-102, including all costs and
reserves directly attributable to being a member of an
insurance pool, under Section 9-103; (ii) pay the costs of and
principal and interest on bonds issued under Section 9-105;
(iii) pay judgments and settlements under Section 9-104 of
this Act; (iv) discharge obligations under Section 34-18.1 of
the School Code or make transfers under Section 17-2A of the
School Code; (v) pay judgments and settlements under the
federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 and the Environmental Protection
Act, but only until December 31, 2010; (vi) pay the costs
authorized by the Metro-East Flood Prevention District Act
Metro-East Sanitary District Act of 1974 as provided in
subsection (a) of Section 5-1 of that Act; and (vii) pay the
cost of risk management programs. Provided it complies with
any other applicable statutory requirements, the local public
entity may self-insure and establish reserves for expected
losses for any property damage or for any liability or loss for
which the local public entity is authorized to levy or have
levied on its behalf taxes for the purchase of insurance or the
payment of judgments or settlements under this Section. The
decision of the board to establish a reserve shall be based on
reasonable actuarial or insurance underwriting evidence and
subject to the limits and reporting provisions in Section
9-103.

HB4365 Enrolled - 65 - LRB104 17396 RTM 30821 b
If a school district was a member of a
joint-self-health-insurance cooperative that had more
liability in outstanding claims than revenue to pay those
claims, the school board of that district may by resolution
make a one-time transfer from any fund in which tort immunity
moneys are maintained to the fund or funds from which payments
to a joint-self-health-insurance cooperative can be or have
been made of an amount not to exceed the amount of the
liability claim that the school district owes to the
joint-self-health-insurance cooperative or that the school
district paid within the 2 years immediately preceding the
effective date of this amendatory Act of the 92nd General
Assembly.
Funds raised pursuant to this Section shall, unless
lawfully transferred as provided in Section 17-2A of the
School Code, only be used for the purposes specified in this
Act, including protection against and reduction of any
liability or loss described hereinabove and under Federal or
State common or statutory law, the Workers' Compensation Act,
the Workers' Occupational Diseases Act and the Unemployment
Insurance Act. Funds raised pursuant to this Section may be
invested in any manner in which other funds of local public
entities may be invested under Section 2 of the Public Funds
Investment Act. Interest on such funds shall be used only for
purposes for which the funds can be used or, if surplus, must
be used for abatement of property taxes levied by the local

HB4365 Enrolled - 66 - LRB104 17396 RTM 30821 b
taxing entity.
A local public entity may enter into intergovernmental
contracts with a term of not to exceed 12 years for the
provision of joint self-insurance which contracts may include
an obligation to pay a proportional share of a general
obligation or revenue bond or other debt instrument issued by
a local public entity which is a party to the
intergovernmental contract and is authorized by the terms of
the contract to issue the bond or other debt instrument. Funds
due under such contracts shall not be considered debt under
any constitutional or statutory limitation and the local
public entity may levy or have levied on its behalf taxes to
pay for its proportional share under the contract. Funds
raised pursuant to intergovernmental contracts for the
provision of joint self-insurance may only be used for the
payment of any cost, liability or loss against which a local
public entity may protect itself or self-insure pursuant to
Section 9-103 or for the payment of which such entity may levy
a tax pursuant to this Section, including tort judgments or
settlements, costs associated with the issuance, retirement or
refinancing of the bonds or other debt instruments, the
repayment of the principal or interest of the bonds or other
debt instruments, the costs of the administration of the joint
self-insurance fund, consultant, and risk care management
programs or the costs of insurance. Any surplus returned to
the local public entity under the terms of the

HB4365 Enrolled - 67 - LRB104 17396 RTM 30821 b
intergovernmental contract shall be used only for purposes set
forth in subsection (a) of Section 9-103 and Section 9-107 or
for abatement of property taxes levied by the local taxing
entity.
Any tax levied under this Section shall be levied and
collected in like manner with the general taxes of the entity
and shall be exclusive of and in addition to the amount of tax
that entity is now or may hereafter be authorized to levy for
general purposes under any statute which may limit the amount
of tax which that entity may levy for general purposes. The
county clerk of the county in which any part of the territory
of the local taxing entity is located, in reducing tax levies
under the provisions of any Act concerning the levy and
extension of taxes, shall not consider any tax provided for by
this Section as a part of the general tax levy for the purposes
of the entity nor include such tax within any limitation of the
percent of the assessed valuation upon which taxes are
required to be extended for such entity.
With respect to taxes levied under this Section, either
before, on, or after the effective date of this amendatory Act
of 1994:
(1) Those taxes are excepted from and shall not be
included within the rate limitation imposed by law on
taxes levied for general corporate purposes by the local
public entity authorized to levy a tax under this Section.
(2) Those taxes that a local public entity has levied

HB4365 Enrolled - 68 - LRB104 17396 RTM 30821 b
in reliance on this Section and that are excepted under
paragraph (1) from the rate limitation imposed by law on
taxes levied for general corporate purposes by the local
public entity are not invalid because of any provision of
the law authorizing the local public entity's tax levy for
general corporate purposes that may be construed or may
have been construed to restrict or limit those taxes
levied, and those taxes are hereby validated. This
validation of taxes levied applies to all cases pending on
or after the effective date of this amendatory Act of
1994.
(3) Paragraphs (1) and (2) do not apply to a hospital
organized under Article 170 or 175 of the Township Code,
under the Town Hospital Act, or under the Township
Non-Sectarian Hospital Act and do not give any authority
to levy taxes on behalf of such a hospital in excess of the
rate limitation imposed by law on taxes levied for general
corporate purposes. A hospital organized under Article 170
or 175 of the Township Code, under the Town Hospital Act,
or under the Township Non-Sectarian Hospital Act is not
prohibited from levying taxes in support of tort liability
bonds if the taxes do not cause the hospital's aggregate
tax rate from exceeding the rate limitation imposed by law
on taxes levied for general corporate purposes.
Revenues derived from such tax shall be paid to the
treasurer of the local taxing entity as collected and used for

HB4365 Enrolled - 69 - LRB104 17396 RTM 30821 b
the purposes of this Section and of Section 9-102, 9-103,
9-104 or 9-105, as the case may be. If payments on account of
such taxes are insufficient during any year to meet such
purposes, the entity may issue tax anticipation warrants
against the current tax levy in the manner provided by
statute.
(Source: P.A. 99-922, eff. 1-17-17.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.