2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 410/ - Conservation District Act.

(70 ILCS 410/1) (from Ch. 96 1/2, par. 7101)
Sec. 1. 
		
		This Act shall be known and may be cited as the Conservation District Act.
(Source: Laws 1963, p. 3000.)
(70 ILCS 410/2) (from Ch. 96 1/2, par. 7102)
Sec. 2. 
		As used in this Act unless the context otherwise requires:
(a) "District" means a conservation district organized under this
Act, "board" means the board of trustees of such district and "trustee"
means a trustee of such district.
(b) "Open land" or "open space" means any space or area of land or
water the preservation or the restriction of development or use of which
would maintain or enhance the conservation of natural or scenic
resources; protect natural streams or water supply; promote conservation
of soils, wet lands or shores; afford or enhance public outdoor
recreation opportunities; preserve flora and fauna, geological features,
historic sites or other areas of educational or scientific interest;
enhance the value to the public of abutting or neighboring highways,
parks or other public lands; implement the plan of development adopted
by the planning commission of any municipality or promote orderly urban
or suburban development.
(c) "Wildland" means any open land which is not under cultivation or
otherwise subject to intensive use or development.
(d) "Political party" means a political party as defined in the general election law.
(e) "Public office" means an office to which a person is elected or
appointed to discharge a public duty for the State or any of its
political subdivisions and an office which is established and the
qualifications and duties are prescribed by statute.
(f) "Development of real property" means the constructing,
installing, planting or creating of any permanent improvement of real
property for the purposes of a district if the district has or plans to
acquire an interest.
(Source: P.A. 81-1489.)
(70 ILCS 410/3) (from Ch. 96 1/2, par. 7103)
Sec. 3. 
		
		The purpose of this Act is to provide for the creation of
conservation districts. Such districts may, and their principal purpose is
to, acquire in fee or a lesser right or interest, preserve and maintain
wildland, other open land, scenic roadways and pathways; hold such real
property, with or without public access, for the education, pleasure and
recreation of the public or for other open space values; preserve portions
thereof in their natural condition and undertake development of other
portions thereof; manage and use such real property in such manner and with
such restrictions as will leave it unimpaired for the benefit of future
generations; and otherwise promote the conservation of nature, flora and
fauna, natural environment and natural resources of the district.
(Source: Laws 1967, p. 2396.)
(70 ILCS 410/4) (from Ch. 96 1/2, par. 7104)
Sec. 4. 
		
		Not less than 1% of the voters in any county having less than
1,000,000 population which is not organized as a forest preserve
district may petition the circuit court of such county to order the
question to be submitted to the voters of such county whether a
conservation district, the boundaries of which shall be coextensive with
the boundaries of the county, shall be organized under this Act.  Not
less than 1% of the voters in each county of a group of not more than 5
adjoining counties each of which has less than 1,000,000 population and
none of which is organized as a forest preserve district may jointly
petition the circuit court of the county having the largest population
to order the question to be submitted to the voters of such counties
whether a conservation district, the boundaries of which shall be
coextensive with the boundaries of the group of counties taken as a
whole, shall be organized under this Act.
If the proposed district shall embrace more than one county the
petition shall be accompanied by the written approval of the Department of Natural Resources.
If the proposed district is coextensive with the boundaries of a
single county it shall be designated by the name of that county.
Upon the filing of such petition with the circuit court, the circuit
clerk shall give notice of the time and place of a hearing upon the
subject of the petition which shall be inserted in one or more daily or
weekly newspapers published within the proposed district at least 20
days before such hearing.  If no daily or weekly newspaper is published
within such proposed district, notice may be given by posting at least
15 copies in each county in such proposed district at least 20 days
before such meeting in conspicuous public places as far separated from
each other as reasonably possible.
At the time and place fixed for such public hearing the circuit
court shall hear all persons who desire to be heard,
and if the circuit court shall find that the provisions of
this Act have been complied with and that the allegations of the petition
are true then the court shall order a referendum by the legal
voters to be held in the proposed district to determine the question of
organization of the proposed
district.  The clerk of the circuit court shall certify the order and the
question to the proper election officials who shall submit the question
to the voters of the proposed district at a referendum in accordance with
the general election law.
Notice of the referendum shall specify the purpose of such referendum with a
description of such proposed district, and the name of the proposed district.
The clerk of the
circuit court shall cause a statement of the results
of such referendum to be entered of record in
the circuit court,
and if such district shall lie in more than one county, a certified copy
thereof shall be filed with the clerk of the circuit court of each such
other county who shall file the same of record in the circuit
court of such county.  If a majority of the votes cast in the referendum
are in favor of the organization of a conservation district, such
district shall thenceforth be deemed to be organized.
(Source: P.A. 89-445, eff. 2-7-96.)
(70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
Sec. 5. Board of trustees.
(a) The affairs of a conservation district shall be managed by a
board
consisting of 5 trustees, except as otherwise provided in this
Section. If the boundaries of the district are
coextensive with the boundaries of one county, the trustees shall be
residents of that county. If the district embraces 2 counties, 3 trustees
shall be residents of the county with the larger population and 2 trustees
shall be residents of the other county. If the district embraces 3
counties, one trustee shall be a resident of the county with the smallest
population and each of the other counties shall have 2 resident trustees.
If the district embraces 4 counties, 2 trustees shall be residents of the
county with the largest population and each of the other counties shall
have one resident trustee. If the district embraces 5 counties, each county
shall have one resident trustee.
(b) A district that is entirely within a county of under 750,000

inhabitants and contiguous to a county of more than 2,000,000 inhabitants
and that is authorized by referendum as provided in subsection (d) of
Section 15 to incur indebtedness over 0.575% but not to exceed 1.725% shall
have a board consisting of 7 trustees, all of whom shall be residents of the
county.  The additional 2 trustees shall be appointed by the chairman of
the county board, with the consent of the county board, and shall hold
office for terms expiring on June 30 as follows:  one trustee after 4 years
and one trustee after 5 years from the date of the referendum.  Successor
trustees shall be
appointed in the same manner no later than June 1 before the commencement
of the term of the trustee.
(c) Trustees shall be qualified voters of the district who do not hold any
other public office and are not officers of any political party. Trustees,
if nominated by the county board chairman as hereinafter provided, shall be
selected on the basis of their demonstrated interest in the purpose of
conservation districts.
(d) If the trustees are appointed, the chairman of the county board for the county of which the trustee is
a resident shall, with the consent of the county board of that county,
appoint the first trustees who shall hold office for terms expiring on June
30 after one, 2, 3, 4, and 5 year periods respectively as determined and
fixed by lot. Thereafter, successor appointed trustees shall be appointed for a term of 5 years in the same
manner no later than June 1 prior to the commencement of term of the
trustee. If the term of office of any appointed trustee expires before the first
election of trustees under subsection (i) after referendum approval of elected
trustees, the chairman of the county board who appointed that trustee under
this subsection shall appoint a successor to serve until a successor is elected
and has qualified.
(e) When a vacancy occurs in the office of trustee, whether by death,
resignation, refusal to qualify, no longer being a qualified voter of the
district, or for any other reason, the board of trustees shall declare that a
vacancy exists. The vacancy shall be filled within 60 days. A vacancy
occurring otherwise than by expiration of term, for appointed trustees,
						shall be filled for the
unexpired term by appointment of a trustee by the county board chairman of
the county of which the trustee shall be a resident, with the approval of
the county board of that county. An appointed trustee who has served a full term of 5
years is ineligible to serve as a trustee for a period of one year
following the expiration of his or her term. In the case of an elected
trustee, appointment of an eligible person shall be by the president of the
board of trustees with the advice and consent of the other trustees.  The
appointee shall serve the remainder of the unexpired term. If, however, more
than 28 months remain in the term of the elected trustee and the vacancy occurs
at least 182 days
before the next general election, the appointment shall be until the next
general election, at which time the vacated office of the elected trustee shall
be filled by election for the remainder of the term.
If a vacancy occurs in the office of president of the board of trustees, the
remaining trustees shall select one of their number to serve as president for
the balance of the unexpired term of the president in whose office the vacancy
occurred.
When any trustee during his or her term of
office shall cease to be a bona fide resident of the district, or shall move
from one township or congressional township in the district to another so that
the township residency requirements of this Section are no longer met, then he is
disqualified as a trustee and his office becomes vacant. If the district has decided to elect or appoint trustees from single member
subdistricts under subsection (i), then when any trustee during his or her term
of office shall cease to be a bona fide resident of the subdistrict he or she
is disqualified as a trustee and the office becomes vacant.
(f) Trustees shall serve without compensation, but may be paid their actual
and necessary expenses incurred in the performance of their official
duties.
(g) An appointed trustee may be removed for cause by the county board chairman for the
county of which the trustee is a resident, with the approval of the county
board of that county, but every removal shall be by a written order
and
						shall be filed with the county clerk.
(h) A conservation district with 5 trustees may determine by majority vote
of the board to increase the size of the board to 7 trustees.  With respect to
a 7-member
board, no more than 3 members may be residents
of
any township in a county under township
organization or of any congressional township in a county not under township
organization.
In the case of
a 7-member board representing a district that embraces 2 counties, 4
trustees
shall be residents of the county with the larger population and 3 trustees
shall be residents of the other county.  If the district embraces 3 counties,
2 trustees shall be residents of each of the 2 counties with the smallest
population and
the largest county shall have 3 resident trustees.  If the district
embraces 4 counties, one trustee shall be a resident of the county with the
smallest population and each of the other counties shall have 2 resident
trustees.  If the district embraces 5 counties, the 2 counties with the largest
population shall each have 2 resident trustees and each of the other counties
shall have one resident trustee.  The pertinent appointing authorities shall
appoint the additional 2 trustees to initial terms as equally staggered as
possible from the
terms of the trustees already appointed from that township or county so that 2
trustees representing the same area shall not be succeeded in the same year.
(i) Except as provided in subsection (b), a conservation district
in a county adjacent to a county with more than 3,000,000 inhabitants may
determine by referendum (i)
to have an elected or appointed board of trustees, (ii) to have a board
of trustees with 5 or 7 members, and (iii) to have trustees
chosen at large or from single
member subdistricts.
If the boundaries of the district are coextensive with the boundaries
of a single county, the county
board may determine by ordinance to hold the referendum; or
if the boundaries of the
district are
embraced by more than one county, the county boards of
each county in the district, jointly, may determine by ordinance to
hold the referendum; or
a petition signed
by not less than 5% of the electors of the entire district who voted in the last gubernatorial election may be submitted to
the board of trustees requiring the district to
hold the referendum.
The secretary of the board of trustees shall certify the proposition
to the appropriate election authorities who shall submit the proposition at
a consolidated or general election according to the Election Code.
The Election  Code shall apply to and govern the election.
The proposition shall be in substantially the following form:
Shall the (insert name) Conservation District have an     (insert "elected" or "appointed") board of trustees with (insert "5" or "7") trustees chosen  (insert "at large" or "from single member subdistricts")?
					The votes shall be recorded as
"Yes" or "No".
If a majority of the votes cast on the proposition are in the
affirmative,
the trustees of the district shall thereafter be chosen as provided in this
paragraph.
At the next consolidated election,
a district that has decided by referendum to have its
trustees elected rather than appointed shall elect 5 or 7 trustees
as provided in the ordinance or petition and in the proposition.
The trustees shall be elected on a nonpartisan basis.
The provisions of the general election law shall apply to and govern
the nomination and election of the trustees.
(1) If the district has decided to elect or appoint     at large trustees, then with respect to a 5-member board, the residency of members shall be the same as prescribed in subsection (a).
With respect to a 7-member board, no more than 3     members may be residents of any township in a county under township organization or of any congressional township in a county not under township organization. In the case of a 7-member board representing a district that embraces 2 counties, 4 trustees shall be residents of the county with the larger population and 3 trustees shall be residents of the other county.  If the district embraces 3 counties, 2 trustees shall be residents of each of the 2 counties with the smaller populations and the county with the largest population shall have 3 resident trustees.  If the district embraces 4 counties, one trustee shall be a resident of the county with the smallest population and each of the other counties shall have 2 resident trustees.  If the district embraces 5 counties, the 2 counties with the largest populations shall each have 2 resident trustees and each of the other counties shall have one resident trustee.
(2) If the district has decided to elect or appoint     trustees from single member subdistricts, then with respect to a 5-member board of a district embracing a single county, the county board shall apportion the district into 5 subdistricts.  One trustee shall be a resident of and elected or appointed from each of the 5 subdistricts.  In the case of a 5-member board of a district embracing more than one county, the members of each county board shall, jointly, apportion the district into 5 subdistricts.  One trustee shall be a resident of and elected or appointed from each of the 5 subdistricts. The initial subdistricts shall be apportioned within 90 days after the referendum is approved, and the subdistricts shall be reapportioned after each decennial census.
With respect to a 7-member board of a district     embracing a single county, the county board shall apportion the district into 7 subdistricts.  One trustee shall be a resident of and elected or appointed from each of the 7 subdistricts.  In the case of a 7-member board of a district embracing more than one county, the members of each county board shall, jointly, apportion the district into 7 subdistricts.  One trustee shall be a resident of and elected or appointed from each of the 7 subdistricts. The initial subdistricts shall be apportioned within 90 days after the referendum is approved, and the subdistricts shall be reapportioned after each decennial census.
(j) When a conservation district determines to elect or appoint trustees
as
provided in subsection (i), the terms of these trustees shall commence
on the first Monday of December following the election.  The
terms of all trustees previously appointed or elected under this Section shall
expire on
the first Monday of December following the first election.
(1) If the district has decided to elect or appoint     at-large trustees, then the initial elected board of trustees shall, no later than 45 days after taking office, divide themselves publicly by lot as equally as possible into 2 groups.  Trustees or their successors from the larger group shall serve for terms of 4 years; the initial elected trustees from the second group shall serve for terms of 2 years, and their successors shall be elected for terms of 4 years.
(2) If the district has decided to elect or appoint     trustees from single member subdistricts, then the members of the initial elected board of trustees and each subsequent board elected prior to the first decennial census following the initial apportionment shall be elected to a term of 2 years.  In the year following the first decennial census occurring after the initial apportionment and in the year following each subsequent decennial census, the 5 or 7 subdistricts shall be reapportioned to reflect the results of the census.  The board of trustees elected in the first election following a decennial census shall, no later than 45 days after taking office, divide themselves publicly by lot as equally as possible into 3 groups.  Trustees or their successors from one group shall be elected to terms of 4 years, 4 years, and 2 years.  Trustees or their successors from the second group shall be elected to terms of 4 years, 2 years, and 4 years.  The trustee or successors from the third group shall be elected to terms of 2 years, 4 years, and 4 years. (Source: P.A. 94-617, eff. 8-18-05; 95-54, eff. 8-10-07.)
(70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
Sec. 6. Officers and employees.   As soon as possible after the initial
election or the initial appointments, as the case may be, the trustees shall organize
by selecting from their members a president, secretary, treasurer, and
other officers as are deemed necessary, who shall hold office for 2 years in
the case of an elected board, or the
fiscal year in which elected in the case of an appointed board, and until their successors are selected and
qualify.  Three trustees shall constitute a quorum of the board for the
transaction of business if the district has 5 trustees.  If the
district has 7 trustees, 4 trustees shall constitute a quorum of the board
for the transaction of business.  The board shall hold regular monthly
meetings.  Special meetings may be called by the president and shall be called
on the request of a majority of members, as may be required.
The board shall provide for the proper and safe keeping of its permanent
records and for the recording of the corporate action of the district. It
shall keep a proper system of accounts showing a true and accurate record
of its receipts and disbursements, and it shall cause an annual audit to be
made of its books, records, and accounts.
The records of the district shall be subject to public inspection at all
reasonable hours and under regulations as the board may prescribe.
The district shall annually make a full and complete report to the
county board of each county within the district and to the Department of Natural Resources of its transactions and
operations for the preceding year.  The report shall contain a full statement
of its receipts, disbursements, and the program of work for the period covered,
and may include recommendations as may be deemed advisable.
Executive or ministerial duties may be delegated to one or more trustees
or to an authorized officer, employee, agent, attorney, or other
representative of the district.
All officers and employees authorized to receive or retain the custody
of money or to sign vouchers, checks, warrants, or evidences of indebtedness
binding upon the district shall furnish surety bond for the faithful
performance of their duties and the faithful accounting for all moneys that
may come into their hands in an amount to be fixed and in a form to be
approved by the board.
All contracts for supplies, material, or work involving an expenditure in
excess of $30,000, or a lower amount if required by board policy, shall be let to the lowest responsible bidder, after due
advertisement, excepting work requiring personal confidence or necessary
supplies under the control of monopolies, where competitive bidding is
impossible, or as otherwise provided in the Forest Preserve District and Conservation District Design-Build Authorization Act. All contracts for supplies, material, or work shall be signed by
the president of the board and by any other officer as the board in
its discretion may designate.
(Source: P.A. 102-460, eff. 6-1-22.)
(70 ILCS 410/7) (from Ch. 96 1/2, par. 7107)
Sec. 7. 
		Deposits. 
		The board of any district, when so requested by the
treasurer of the district, shall designate one or more banks or savings and
loan associations in which the funds and moneys received by the treasurer, by
virtue of his office, may be deposited.
Each bank or savings and loan association designated as a depository for
district funds or moneys shall, while acting as such depository, furnish the
district with a copy of all statements of resources and liabilities which it is
required to furnish to the Commissioner of Banks and Real Estate or to the Comptroller of the Currency and no bank is qualified
to receive such district funds or moneys until it has furnished the district
with copies of the last 2 such statements.
The treasurer of the district shall be discharged from responsibility
for all funds and moneys while they are deposited in a designated bank or
savings and loan association.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
When a bank or savings and loan association has been designated as a
depository it shall continue as such until 10 days have elapsed after a new
depository is designated and is qualified.  When a new depository is
designated, the district shall notify the sureties of the treasurer of that
fact in writing at least 5 days before the transfer of funds.
(Source: P.A. 89-508, eff. 7-3-96.)
(70 ILCS 410/8) (from Ch. 96 1/2, par. 7108)
Sec. 8. 
		
		Actions of the board of a legislative character shall be in the
form of ordinances. All ordinances imposing any penalty or making any
appropriations shall be published once in at least one newspaper published
in said district, or if no newspaper of general circulation is published
therein, by posting copies of the same in at least 15 conspicuous public
places in the district. No such ordinance shall take effect until 10 days
after it is so published or posted. All other ordinances and resolutions
shall take effect from and after their passage unless otherwise provided
therein.
All ordinances, orders and resolutions and the date of publication
thereof may be proven by the certificate of the secretary under the seal of
the district and when printed in book or pamphlet form and purporting to be
published by the district, such book or pamphlet shall be received as
evidence of the passage and legal publication of such ordinances, orders
and resolutions as of the dates mentioned in such book or pamphlet, in all
courts without further proof.
(Source: P.A 86-1297.)
(70 ILCS 410/9) (from Ch. 96 1/2, par. 7109)
Sec. 9. 
		
		All courts shall take judicial notice of the existence of a
conservation district and of the area of jurisdiction of an existing
district and every such district shall constitute a body corporate and
politic and as such may sue and be sued in all courts.
(Source: P.A. 83-345.)
(70 ILCS 410/10) (from Ch. 96 1/2, par. 7110)
Sec. 10. 
		
		Every district shall seek the guidance of and consult with the
Department of Natural Resources on all matters
relating to conservation and recreation policies and plans.
In addition to the limitations and restrictions on districts otherwise
provided in this Act, the Department of Natural
Resources may adopt rules
which shall govern the activities and procedures of districts.  All proposals
and plans of a district for the acquisition of real property, the exercise of
the right of eminent domain and the development of real
property shall be submitted to and approved in writing by the Department of
Natural Resources.  However, if the Department of Natural Resources adopts
rules governing the
activities and procedures of districts, the rules shall apply and, unless
required by the rules, the written approval of the
Department of Natural Resources shall not be required on any matter
governed by the rules.
(Source: P.A. 89-445, eff. 2-7-96.)
(70 ILCS 410/11) (from Ch. 96 1/2, par. 7111)
Sec. 11. 
		
		Every district shall consider the preservation of natural
conditions and protection of flora and fauna as part of its principal
purpose and to that end shall set aside a substantial portion of its land
to remain in an essentially undisturbed condition.
A district is empowered to dedicate areas as nature preserves as provided
in the "Illinois Natural Areas Preservation Act", as now or hereafter amended,
and to cooperate with the Illinois Nature
Preserves Commission in matters relating to the purposes of that Act.
(Source: P.A. 82-445.)
(70 ILCS 410/12) (from Ch. 96 1/2, par. 7112)
Sec. 12. To the extent necessary to carry out the purpose of this Act and
in addition to any other powers, duties and functions vested in a district
by law, but subject to such limitations and restrictions as are imposed
elsewhere by this Act or another law, a district is authorized and
empowered:
(a) To adopt by-laws, adopt and use a common seal, enter into contracts,
acquire and hold real and personal estate and take such other actions as
may be necessary for the proper conduct of its affairs.
(b) To make and publish all ordinances, rules and regulations necessary
for the management and protection of its property and the conduct of its
affairs.
(c) To study and ascertain the district's wildland and other open space
resources and outdoor recreation facilities, the need for preserving such
resources and providing such facilities and the extent to which such needs
are being currently met and to prepare and adopt a co-ordinated plan of
areas and facilities to meet such needs.
(d) To acquire by gift, legacy, purchase, condemnation
in the manner provided for the exercise of the right of eminent domain under
the Eminent Domain Act, lease, agreement or
otherwise the fee or any lesser right or interest in real property and to
hold the same with or without public access for open space, wildland,
scenic roadway, pathway, outdoor recreation, or other conservation
benefits.  A district that is entirely within a county of under 200,000
inhabitants and contiguous to a county of more than 2,000,000
						
						inhabitants
and that is authorized by referendum as provided in subsection (d) of
Section 15 to incur indebtedness over 0.575% but not to exceed 1.725% may
acquire an interest in real estate by condemnation only if approved by an
affirmative vote of two-thirds of the total number of trustees authorized
for that district; such a district may exchange, sell, or otherwise dispose
of any portion of any interest in real estate acquired by it by any means
within 2 years of acquiring that interest, provided that a public hearing on
the exchange, sale or other disposition of such real estate or interest therein
is held prior to such action.
The Department of Natural Resources, the county
board, or the governing
body of any municipality, district or public corporation may, upon request
of the conservation district, set apart and transfer any real or personal
property owned or controlled by it and not devoted or dedicated to any
other inconsistent public use, to the conservation district.  In acquiring
or accepting land or rights thereto, due consideration shall be given to
its open space, outdoor recreation or other conservation values and no real
property shall be acquired or accepted which in the opinion of the district
or the Department of Natural Resources is of low
value from the standpoint of its proposed use.
(e) To classify, designate, plan, develop, preserve, administer and
maintain all areas, places and facilities in which it has an interest, and
construct, reconstruct, alter and renew buildings and other structures, and
equip and maintain the same.
(f) To accept gifts, grants, legacies, contributions
and appropriations
of money and other personal property for conservation purposes.
(g) To employ and fix the compensation of an executive officer who shall
be responsible to the board for the carrying out of its policies. The
executive officer shall have the power, subject to the approval of the
board, to employ and fix the compensation of such assistants and employees
as the board may consider necessary for carrying out the purposes and
provisions of this Act.
(h) To charge and collect reasonable fees for the use of such
facilities, privileges and conveniences as may be provided.
(i) To police its property and to exercise police powers in respect
thereto or in respect to the enforcement of any rule or regulation provided
by the ordinances of the district and to employ and commission police
officers and other qualified persons to enforce the same.
(j) To undertake studies pertaining to the natural history, archaeology,
history or conservation of natural resources of the county.
(k) To lease land for a period not longer than 50 years from the date of
the lease to a responsible person, firm, or corporation for construction,
reconstruction, alteration, renewal, equipment, furnishing, extension,
development, operation and maintenance of lodges, housekeeping and sleeping
cabins, swimming pools, golf courses, campgrounds, sand beaches, marinas,
convention and entertainment centers, roads and parking areas, and other
related buildings and facilities. In any lease of land leased pursuant to
this subsection (k), upon expiration of the lease title
to all structures on
the leased land shall be vested in the district.
(l) To lease any building or facility constructed, reconstructed,
altered, renewed, equipped, furnished, extended, developed, and maintained
by the district to a responsible person, firm, or corporation for operation
or development, or both, and maintenance for a period not longer than 20
years from the date of the lease.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 410/12A) (from Ch. 96 1/2, par. 7113)
Sec. 12A. 
		
		In acquiring the fee or any lesser right in real property, or in
acquiring equipment or other personal property by purchase under this Act,
a district may enter into contracts for such purchases providing for
payment in installments over a period of time not more than 10 years. The indebtedness
incurred under this Section when aggregated with existing indebtedness, may
not exceed the debt limits provided in Section 15 of this Act.
(Source: P.A. 85-715.)
(70 ILCS 410/12b)
Sec. 12b. 
		Eminent domain or condemnation. 
		Property owned by a
conservation district may not be subject to eminent domain or condemnation
proceedings.
(Source: P.A. 91-629, eff. 8-19-99.)
(70 ILCS 410/12c)
Sec. 12c. 
		Special assessments. 
		Property owned by a conservation district
may not be subject to special assessments by any other unit of local
government.
(Source: P.A. 91-629, eff. 8-19-99.)
(70 ILCS 410/12d)
Sec. 12d. 
		Annexation. 
		Property owned by a conservation district may not
be subject to annexation without the express consent of the district.
(Source: P.A. 91-629, eff. 8-19-99.)
(70 ILCS 410/12e)
Sec. 12e. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 410/13) (from Ch. 96 1/2, par. 7114)
Sec. 13. 
					The fiscal year of each district shall commence April 1 and
extend through the following March 31.
The board shall, within the first quarter of each fiscal year,
adopt a combined annual budget and appropriation
ordinance as provided in the Illinois Municipal Budget Law.
In a district located entirely within a county with a population of less than 750,000 that is contiguous to a county with a population of more than
2,000,000, the district's combined annual budget and appropriation ordinance
shall not be considered to be adopted until it is also adopted by resolution of
the county
board of the county in which the district is located.
Except as otherwise provided in this Act, a district may annually
levy taxes upon all the taxable property therein at the value thereof,
as equalized or assessed by the Department of Revenue, to be extended at
not more than the rates and for the purposes specified hereinafter:
(1) 0.025%  for the general purposes of the district,     including acquisition and development of real property which may be in excess of current requirements and allowed to accumulate from year to year, and for any purposes specified by the district; however, no tax may be extended at a rate that will result in accumulation of any amount representing more than 0.075% of the equalized assessed valuation of the district.
(2) 0.075%  for acquisition of real property, which     may be in excess of current requirements and allowed to accumulate from year to year, and for any purposes specified by the district; however, no tax may be extended at a rate that will result in accumulation of any amount representing more than 0.25% of the equalized assessed valuation of the district.
(3) 0.1%, in lieu of the two rates specified in (1)     and (2) above, for the general purposes of the district, including the acquisition, development, operation and maintenance of real property which may be in excess of current requirements and allowed to accumulate from year to year, and for any purposes specified by the district; however, no tax may be extended at a rate that will result in accumulation of any amount representing more than 0.325% of the equalized assessed valuation of the district.
Except as provided in some other Act, a district may not levy annual
taxes, for all its purposes in the aggregate, in excess of 0.1% of the
value, as equalized or assessed by the Department of Revenue, of the
taxable property therein.
After the adoption of the combined budget and appropriation ordinance
and within the second quarter of each fiscal year, the board shall ascertain
the total amount of the appropriations legally made which are to be
provided for from tax levies for the current year. Then, by an ordinance
specifying in detail the purposes for which such appropriations have
been made and the amounts appropriated for such purposes, the board
shall levy not to exceed the total amount so ascertained upon all the
property subject to taxation within the district as the same is assessed
and equalized for state and county purposes for the current year. A
certified copy of such ordinance shall be filed on or before the first
Tuesday in October with the clerk of each county wherein the district or
any part thereof is located.
(Source: P.A. 94-617, eff. 8-18-05.)
(70 ILCS 410/13.1) (from Ch. 96 1/2, par. 7114.1)
Sec. 13.1. 
		
		(a) Not less than 5% of the voters in any district may petition
the board of that district to levy, in addition to all other taxes which
the board is now or may hereafter be authorized to levy, an annual tax for
the purpose of providing staff, special educational programming, equipment,
supplies, maintenance of facilities and equipment, and funding for research
projects associated with endangered, threatened, and protected species, as
defined by State and Federal law, of native Illinois fauna and flora.  Upon
the filing of such petition with the board of a district, the board shall
adopt an ordinance calling for the referendum and setting
forth the proposition of whether to levy such a tax.  The clerk or
secretary of the district shall certify
the ordinance and the proposition to the proper election officials who shall
submit the proposition to the voters of the district at a referendum in
accordance with the general election law.
(b) If such tax is first approved at the referendum by a majority of voters
voting on the issue, the board may levy the tax at a rate not to exceed
.01% of the value, as equalized or assessed by the Department of Revenue,
of taxable property in the district.  Funds derived from the tax shall not be used for
land acquisition or for the construction of permanent facilities.
(c) The board of any district may maintain within that district buildings
and such other facilities as may be used for the protection and study of
such fauna or flora, or permit the directors or trustees of any not for
profit organization devoted to such purposes to maintain such facilities
out of funds belonging to such not for profit organization, or to contract
with the directors or trustees of any not for profit organization on such
terms and conditions as the board may deem best, relative to the operation
and maintenance of facilities for the protection and study of such fauna
and flora within the District, out of the tax funds received from this Section.
(Source: P.A. 84-465.)
(70 ILCS 410/13.2) (from Ch. 96 1/2, par. 7114.2)
Sec. 13.2. 
		
		Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved
September 21, 1985.
(Source: P.A. 84-1308.)
(70 ILCS 410/14) (from Ch. 96 1/2, par. 7115)
Sec. 14. 
		
		Gifts, contributions and bequests of money and all licenses, fees
and charges and other revenue or other money received or collected by the
district shall be deposited in the treasury of the district to be used for
the purchase of land, property and equipment and the payment of expenses
incurred in carrying out the activities of the district, except that monies
given, bequeathed or contributed upon specified trusts shall be held and
applied in accordance with the trust specified.
(Source: Laws 1963, p. 3000.)
(70 ILCS 410/15) (from Ch. 96 1/2, par. 7116)
Sec. 15. (a) Whenever a district does not have sufficient money in its
treasury to meet all necessary expenses and liabilities thereof, it may
issue tax anticipation warrants. Such issue of tax anticipation warrants
shall be subject to the provisions of Section 2 of "An Act to provide
for the manner of issuing warrants upon the treasurer of the State or of
any county, township, or other municipal corporation or quasi municipal
corporation, or of any farm drainage district, river district, drainage
and levee district, fire protection district and jurors' certificates",
approved June 27, 1913, as now and hereafter amended.
(b) For the purpose of acquisition of real property, or rights thereto, a
district may incur indebtedness and, as evidence of the indebtedness
thus created, may issue and sell bonds without first obtaining the
consent of the legal voters of the district.
(b-5) For the purpose of development of real property, all or a portion of which has been acquired with referendum-approved bonds, a district located entirely within McHenry County may incur indebtedness and, as evidence of the indebtedness thus created, may issue and sell bonds without first obtaining the consent of the legal voters of the district. Development, for the purposes of this subsection (b-5), shall mean the improvement or maintenance of existing trails, parking lots, bridges, roads, picnic shelters, and other improvements, adding or improving access to conservation areas or district facilities to comply with the Americans with Disabilities Act, demolition of unnecessary or unsafe structures, and the stabilization, revitalization or rehabilitation of historic structures.
(c) For the purpose of development of real property, a district may incur
indebtedness and, as evidence of the indebtedness thus created, may
issue and sell bonds only after the proposition to issue bonds has been
submitted to the legal voters of the district at an election and has
been approved by a majority of those voting on the proposition. Such
election is subject to Section 15.1 of this Act.
(d) No district shall become indebted in any manner or for any purpose,
to any amount including existing indebtedness in the aggregate exceeding
0.575% of the value, as equalized or assessed by the Department of Revenue,
of the taxable property therein; except that a district entirely within a
county of under
750,000 inhabitants and contiguous to a county of more than
2,000,000 inhabitants may incur indebtedness,
including existing indebtedness, in the aggregate not
exceeding 1.725% of that value if the aggregate indebtedness over 0.575% is
submitted to the legal voters of the district at an election and is
approved by a majority of those voting on the proposition as provided in
Section 15.1.
The following do not in any way limit the right of a district to issue non-referendum bonds under this Section: bonds heretofore or hereafter issued and outstanding that are approved by referendum, as described in this subsection (d); refunding bonds issued to refund or continue to refund bonds approved by referendum; and bonds issued under this Section that have been paid in full or for which provisions for payment have been made by an irrevocable deposit of funds in an amount sufficient to pay the principal and interest on those bonds to their respective maturity date.
(e) Before or at the time of issuing bonds as described in this Section, the district shall provide by ordinance for the
collection of an annual tax, in addition to all other taxes authorized
by this act, sufficient to pay such bonds and the interest thereon as
the same respectively become due. Such bonds shall be divided into
series, the first of which shall mature not later than 5 years after the
date of issue and the last of which shall mature not later
than 25 years after the date of issue; shall bear interest at a rate or
rates not exceeding the maximum rate permitted in "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended; shall be
in such form as the district shall by
resolution provide and shall be payable as to both principal and
interest from the proceeds of the annual levy of taxes authorized to be
levied by this Section, or so much thereof as will be sufficient to pay
the principal thereof and the interest thereon. Prior to the
authorization and issuance of such bonds the district may, with or
without notice, negotiate and enter into an agreement or agreements with
any bank, investment banker, trust company or insurance company or group
thereof whereunder the marketing of such bonds may be assured and
consummated. The proceeds of such bonds shall be deposited in a special
fund, to be kept separate and apart from all other funds of the
conservation district.
(Source: P.A. 98-1168, eff. 6-1-15.)
(70 ILCS 410/15.1) (from Ch. 96 1/2, par. 7117)
Sec. 15.1. 
When the board of a district proposes to incur
indebtedness and issue bonds, other than tax anticipation warrants, for
the purpose of development of real property as provided in subsection (c) of Section 15 of this Act, or for the purpose of
incurring indebtedness in the aggregate over 0.575% as provided in
subsection (d) of Section 15, it shall order a referendum
on the proposition.
The district shall adopt an ordinance calling for the referendum and
setting forth the proposition. The clerk
or secretary of the district shall certify the ordinance and the proposition
to the proper election officials who shall submit the proposition to the
voters of the district at a referendum in accordance with the general election
law. For a bond proposition put forward by a district organized under this Act, including a forest preserve district created under Section 18.5, the ballot must have printed on it, but not as part of the proposition submitted, the following language:
The approximate impact of the proposed increase on     the owner of a single-family home having a market value of (insert value) would be (insert amount) in the first year of the increase if the increase is fully implemented.
(Source: P.A. 97-364, eff. 8-15-11; 98-1168, eff. 6-1-15.)
(70 ILCS 410/15.2) (from Ch. 96 1/2, par. 7118)
Sec. 15.2. 
		
		
		Any district has the power from time to time to construct, equip,
extend, improve, maintain, and operate recreational facilities, including
but not limited to sand beaches, swimming pools, lodges, housekeeping and
sleeping cabins, golf courses, toboggan slides and ski areas, campgrounds,
marinas or any combination thereof, and all necessary related facilities,
to borrow money therefor, and as evidence thereof, to issue and sell bonds.
Such bonds shall be payable solely from the revenue derived from the
operation of such facility or facilities constructed, equipped, acquired,
extended, or improved in whole or in part with the proceeds of such bonds
issued for the construction, equipping, extension or improvement of such
facility or facilities and shall be secured by a pledge of the revenues as
herein provided of such facility or facilities or any combination thereof
so constructed, equipped, extended or improved.
Such bonds may be issued in such amounts as may be necessary to provide
sufficient funds to pay all the cost of the construction, equipping,
extension or improvement of such facility or facilities or any combination
thereof, as well as the engineering, legal, fiscal and other expenses,
together with interest on the bonds to a date 12 months subsequent to the
estimated date of completion. All bonds issued hereunder shall have all
qualities of negotiable instruments under the laws of this State.
(Source: P.A. 77-1330.)
(70 ILCS 410/15.3) (from Ch. 96 1/2, par. 7119)
Sec. 15.3. 
		
		
		Whenever the Board of Trustees of any district determines to construct,
equip, extend or improve any such facility or facilities or any combination
thereof and to issue bonds pursuant to Sections 15.2 through 15.9 of this
Act to pay the cost thereof, such board shall adopt an ordinance describing
in a general way the contemplated facility or facilities and setting forth
the estimated cost. Any such ordinance shall be published within 10 days
after passage at least once in a newspaper published in the district and
having a general circulation therein to be designated by the board, and no
such ordinance shall take effect until 10 days after it is so published. It
is not necessary that the ordinance refer to plans and specifications nor
that there be on file for public inspection prior to adoption of such
ordinance detailed plans and specifications of such contemplated facility
or facilities or any combination thereof. The board may provide that the
ordinance authorizing the issuance of any such bonds shall be effective,
operative and valid without the submission thereof to the voters of the
district for approval, notwithstanding the provisions of Section 15 and
Section 15.1 of this Act.
Any such ordinance shall prescribe the method of defraying the cost of
the contemplated facility or facilities and fix the amount of the revenue
bonds proposed to be issued, the interest rate and the maturities thereof.
Such bonds shall be in such form and be executed in such manner, be payable
in such medium of payment at such place or places, be subject to such terms
of redemption, prior to maturity, with or without premium, and may be made
registrable as to principal, all as such ordinance may provide. The
ordinance shall also pledge the revenue derived from the operation of such
facility or facilities, or any combination thereof, constructed, equipped,
extended or improved in whole or in part with the proceeds of such bonds
for the purpose of paying maintenance and operation costs and paying the
principal and interest of such bonds so issued for the facility or
facilities. The ordinance may contain such covenants which shall be a part
of the contract between the district and the holders of such bonds with
respect to creating accounts and the application of the flow of funds
through such accounts, and the restrictions upon the issuance of additional
revenue bonds thereafter, all as the board may deem necessary or advisable
for the assurance of the payment of the bonds thereby authorized.
Such bonds shall be executed by the president and by the secretary or
treasurer of the board of the district. The president of the board may
execute such bonds by his facsimile signature which may be imprinted,
engraved or otherwise reproduced on such bonds and on the interest coupons
attached thereto. Any bonds bearing the signature or facsimile of an
officer in office at the date of signing thereof are valid and binding for
all purposes, notwithstanding that before delivery thereof, such person
whose signature or facsimile appears thereon has ceased to hold such
office.
(Source: P.A. 77-1330.)
(70 ILCS 410/15.4) (from Ch. 96 1/2, par. 7120)
Sec. 15.4. 
		
		The bonds shall bear interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract,
payable annually or semiannually and shall mature within the period of
usefulness of the project as determined by the board, but in no event,
exceeding 40 years.
Each such bond shall be sold in such manner and upon such terms as the
board shall determine. If any such bond is issued to bear interest at the
maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, it shall be sold for not less
than par and accrued
interest. If it is issued to bear interest at a rate of less than the maximum
rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, the minimum price at which
it may be sold shall be such that the
interest cost to the district of the proceeds of the bond shall not exceed
the maximum rate authorized by the Bond Authorization Act,
as amended at the
time of the making of the contract, computed to maturity,
according to the
standard table of bond
values.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(70 ILCS 410/15.5) (from Ch. 96 1/2, par. 7121)
Sec. 15.5. 
		
		
		Bonds issued pursuant to Sections 15.2 through 15.9 of this Act shall be
payable solely from the revenues derived from the operation of the
recreational facility or facilities or any combination thereof constructed,
equipped, extended or improved in whole or in part with the proceeds of
such bonds so issued for the facility or facilities and shall not in any
event constitute an indebtedness of the district within the meaning of any
constitutional or statutory limitation. It shall be stated on the face of
each such bond that the bond has been issued pursuant to Sections 15.2
through 15.9 of this Act, that it is payable solely from the revenues
derived from the operation of such facility or facilities or any
combination thereof constructed, equipped, extended or improved in whole or
in part with the proceeds of such bonds so issued for the facility or
facilities and that it does not constitute an indebtedness of the district
within any constitutional or statutory limitation.
(Source: P.A. 77-1330.)
(70 ILCS 410/15.6) (from Ch. 96 1/2, par. 7122)
Sec. 15.6. 
		
		
		All revenue derived from the operation of such facility or facilities
constructed, equipped, extended or improved in whole or in part with the
proceeds of any bonds issued under Sections 15.2 through 15.9 of this Act
for the construction, equipping, extension, or improvement of such facility
or facilities shall be deposited in a separate fund. Each fund shall be
used only for paying the cost of operation and maintenance of the
recreational facility or facilities or any combination thereof constructed,
equipped, extended or improved in whole or in part with the proceeds of
such bonds so issued for such facility or facilities, and for paying the
principal of and interest on the bonds so issued and creating the accounts
provided for by the ordinance authorizing their issuance.
The district shall install and maintain a proper system of account for
each fund, showing the amount received and disbursed from the operation of
such facility or facilities. At least once each year the district shall
have such accounts for bonds properly audited, and the report of this audit
shall be open to the public for inspection at all times.
(Source: P.A. 77-1330.)
(70 ILCS 410/15.7) (from Ch. 96 1/2, par. 7123)
Sec. 15.7. 
		
		
		Any district which issues bonds and constructs, equips, extends or
improves any recreational facility or facilities under Sections 15.2
through 15.9 of this Act shall charge for the use thereof at a rate which
at all times is deemed sufficient to provide for depreciation and to pay
maintenance and operation costs and the principal and interest on such
bonds. The district may provide for the construction, equipping,
improvement, and extension and may make, enact, and enforce all rules and
regulations for the management, maintenance, care, protection and use of
such facility or facilities. Charges or rates for the use of any such
facility shall be established, revised, and maintained from time to time
and shall be payable under the supervision of the board.
(Source: P.A. 77-1330.)
(70 ILCS 410/15.8) (from Ch. 96 1/2, par. 7124)
Sec. 15.8. 
		
		The holder of any bond or coupon of any bond issued under Section 15.2
through 15.9 of this Act may proceed by civil action to compel
performance of all duties required by Sections 15.2 through 15.9 of this
Act respecting the facility or facilities for which such bond or coupon was
issued.  This shall include the duties of establishing and collecting
sufficient rates or charges for the use of the recreational facilities
constructed, equipped, extended or improved in whole or in part with the
proceeds of such bond so held and issued for the purposes herein specified,
and the application of the revenue thereof as provided in Section 15.2
through 15.9 of this Act.
(Source: P.A. 79-1362.)
(70 ILCS 410/15.9) (from Ch. 96 1/2, par. 7125)
Sec. 15.9. 
		
		
		Nothing in Section 15.2 through 15.9 of this Act shall prohibit the
district from appropriating funds as otherwise provided in this Act for the
construction, equipping, extension, improvement, operation or maintenance
of any recreational facilities.
(Source: P.A. 77-1330.)
(70 ILCS 410/16) (from Ch. 96 1/2, par. 7126)
Sec. 16. 
		
		A district may apply for and receive the grant or loan of money or
other financial aid necessary for the undertaking, performance or execution
of any of its corporate objects or purposes from any department or agency
of the state or federal government. A district may undertake any of its
activities aided by, in cooperation with or as a joint enterprise with any
department or agency of the state or federal government or any other
conservation district, forest preserve district, park district, school
district, planning commission, county board, municipality or other
governmental unit.
Any county board, municipality, district or other governmental unit may
aid any conservation district in any appropriate manner including
equipping, operating and maintaining any conservation or recreation areas
and providing, conducting and supervising programs of activities, and may
appropriate money for such purposes. All county officers shall render such
assistance as shall not interfere with their regular employment. The county
board is authorized to make available to the use of the district such
county-owned equipment and operators and county-owned materials as it deems
advisable.
(Source: Laws 1963, p. 3000.)
(70 ILCS 410/17) (from Ch. 96 1/2, par. 7127)
Sec. 17. 
		
		This law shall be construed as supplemental and in addition to
existing statutory authority and as providing an independent method of
financing the cost of acquiring land or rights thereto and holding the same
for wildland and other open space preservation purposes, and for the
issuance and sale of bonds in connection therewith.
(Source: Laws 1963, p. 3000.)
(70 ILCS 410/18) (from Ch. 96 1/2, par. 7128)
Sec. 18. 
		
		Not less than 10% of the voters of a district which has been in
existence for at least 3 years may petition the circuit court of the
county within the district having the largest population to cause the
question to be submitted to the voters of such district whether the
district will dissolve.
Upon the filing of such petition with the circuit court, the circuit
clerk shall give notice of the time and place of a hearing upon the
subject of the petition which shall be inserted in one or more daily or
weekly newspapers published within the district and furnished to the
board of the conservation district, the Department of
Natural Resources, and the county board of each county within the district at
least 20 days before such hearing.  If no daily or weekly newspaper is
published within such district, notice may be given by posting at least 15
copies in each county in such district at least 20 days before such hearing in
conspicuous public places as far separated from each other as reasonably
possible.
At the time and place fixed for such public hearing the circuit court shall
hear all persons who desire to be heard, and if the circuit court shall find
that the provisions of this Act have been complied with then the court shall
order a referendum to be held in the district to determine the question of
dissolution of the district.  The clerk of the circuit court shall certify the
question to the proper election officials who shall submit the question to the
voters of the district in accordance with the general election law.
The clerk of the circuit court shall cause a statement of the results of such
referendum to be entered of record in the circuit court, and if such district
shall lie in more than one county, a certified copy thereof shall be filed with
the clerk of the circuit court of each such other county who shall enter the
same of record in the circuit court of such county.  If a majority of the votes
cast in the referendum are in favor of the dissolution of the conservation
district, such district shall thenceforth be deemed to be dissolved.
If the vote is not in favor of the dissolution of the district, the
proposition to dissolve the district shall not again be submitted to a
vote for a period of 3 years.  If the vote is in favor of dissolution of
the district, the board shall close up the affairs of the district and
make the necessary conveyances of the property of the district.
All money remaining after the business affairs of the conservation
district have been closed up and all the debts and obligations of the
district have been paid shall be paid to the county in which such
district is located.  If the district is located in more than one county,
then all such money remaining shall be paid to each county on a pro rata
basis of the assessed value of property of the district located in each
county.  All conveyances of real property shall be subject to the approval
of the Department of Natural Resources and the
Illinois Nature Preserves Commission.
If there are any bonds of the conservation district outstanding and
unpaid at the time the district is dissolved, such district shall remain
liable for such bond indebtedness and the district may continue to levy
and extend taxes upon the taxable property in such territory for the
purpose of amortizing such bonds until such time as the bonds are
retired.
(Source: P.A. 89-445, eff. 2-7-96.)
(70 ILCS 410/18.1)
Sec. 18.1. Organization as a forest preserve district. The voters of a conservation district that is entirely within one county
may, by a single referendum proposition, dissolve the conservation district
under Section 18 of this Act and incorporate as a forest preserve district
under Section 1 the Downstate Forest Preserve District Act. The referendum may
be placed on the ballot upon either of the
following:
(1) An ordinance by the county board of the county in     which the district lies requiring the referendum.
(2) The filing of a petition with the board of     trustees signed by the electors of the district equal in number to 8% or more of the total number of votes cast for Governor district-wide in the most recent gubernatorial election asking that the question of whether the district shall be dissolved and organized as a forest preserve district.
The Secretary of the board of trustees of the county board or the board of
trustees, as appropriate, shall certify the proposition to the appropriate
election authorities who shall submit the proposition at a consolidated or
general election according to the Election Code. The Election Code shall apply
to and govern the election.
The proposition shall be in substantially the following form:
Shall (insert name) Conservation District be     dissolved under the provisions of Section 18 of the Conservation District Act and be organized as a forest preserve district under the provisions of the Downstate Forest Preserve District Act?
							The votes shall be recorded as "Yes" or "No".
If a majority of the votes cast on the proposition are in the affirmative,
the conservation district shall be deemed to be dissolved under Section 18 of
the Conservation District Act and the territory shall be incorporated as a
forest
preserve district under Section 1 of the Downstate Forest Preserve District
Act. The resulting forest preserve district shall not be deemed to be the legal
successor or assign of the dissolved conservation district.
(Source: P.A. 95-54, eff. 8-10-07.)
(70 ILCS 410/18.5)
Sec. 18.5. Dissolution of conservation district and creation of forest preserve district.
(a) Notwithstanding any provision of law to the contrary, if the boundaries of a conservation district are coextensive with the boundaries of one county, then the county board may adopt a resolution to submit the question of whether the conservation district shall be dissolved and, upon the dissolution of the conservation district, a forest preserve district created. The question shall be submitted to the electors of the conservation district at a regular election and approved by a majority of the electors voting on the question. The county board must certify the question to the proper election authorities, which must submit the question at an election in accordance with the Election Code.
The election authorities must submit the question in substantially the following form:
Shall the (insert name of conservation district) be     dissolved and, upon its dissolution, a forest preserve district created with boundaries that are coextensive with the boundaries of (insert name of county)?
The election authorities must record the votes as "Yes" or "No".
If a majority of the electors voting on the question vote in the affirmative, then,  on the thirtieth day after the results of the referendum are certified, the conservation district is dissolved and the forest preserve district is created. The terms of all trustees of the conservation district are terminated and the county board members shall serve ex officio as the commissioners of the forest preserve district. The chairman of the county board shall serve as chairman of the board of commissioners of the forest preserve district.
(b) Each county board member shall serve ex officio as a commissioner of the forest preserve district until the expiration of his or her term as a county board member or until the member's position on the county board is otherwise vacated. Upon the expiration of the term of any county board member serving as a commissioner or upon the occurrence of any other vacancy on the county board, the office of commissioner shall be filled by that county board member's successor on the county board.
(c) The forest preserve district shall serve as the successor entity to the dissolved conservation district and references to the dissolved conservation district or to its officers or employees in any document, contract, agreement, or law shall, in appropriate contexts, be deemed to refer to the successor forest preserve district. Thirty days after the dissolution of the conservation district, all of its assets, liabilities, property (both real and personal), employees, books, and records are transferred to the forest preserve district by operation of law. All rules and ordinances of the dissolved conservation district shall remain in effect as rules and ordinances of the forest preserve district until amended or repealed by the forest preserve district.
(d) If there are any bonds of the conservation district outstanding and
unpaid at the time the conservation district is dissolved, the forest preserve district shall be
liable for that bond indebtedness and the forest preserve district may continue to levy
and extend taxes upon the taxable property in that territory for the
purpose of amortizing those bonds until such time as the bonds are
retired.
(e) The county board members may be reimbursed
for their reasonable expenses actually incurred in performing their official
duties as members of the board of commissioners of the forest preserve district in accordance with the provisions of Section 3a of the Downstate Forest Preserve Act.  Any
reimbursement paid under this subsection shall be paid by the forest preserve
district.
(f) A forest preserve district created under this Section shall have the same powers, duties, and authority as a forest preserve district created under the Downstate Forest Preserve District Act, except that it shall have the same bonding and taxing authority as a conservation district under the Conservation District Act. To the extent that any provision of this Section conflicts with any provision of the Downstate Forest Preserve District Act, this Section controls.
(Source: P.A. 94-617, eff. 8-18-05.)
(70 ILCS 410/19) (from Ch. 96 1/2, par. 7129)
Sec. 19. 
		Landfills.
(a) No land that is owned or acquired by a conservation district may be
used for the development or operation of any new pollution control facility,
as those terms are defined in Section 3.330 of the Environmental
Protection Act.
(b) A conservation district may not transfer any land or interest in
land owned or acquired by the district to any other entity which the
district has reason to know intends to construct, expand or operate thereon
any sanitary landfill or regulated waste treatment, disposal or storage
facility or develop or operate thereon any new pollution control facility, as
that term is defined in Section 3.330 of the Environmental
Protection Act.
A conservation district that wishes to transfer any land or interest in
land owned or acquired by the district to any other entity must impose, as
a condition of the transfer, a covenant prohibiting the development thereon
or operation of any new pollution control facility, as that term is defined
in Section 3.330 of the Environmental Protection Act.
(Source: P.A. 92-574, eff. 6-26-02.)