Public Act 100-1113
 
HB5777 EnrolledLRB100 19717 AWJ 34991 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Counties Code is amended  by changing Section 
5-44025 as follows:
 
    (55 ILCS 5/5-44025)
    Sec. 5-44025. Dissolution of units of local government.
    (a) A county board may, by ordinance, propose the 
dissolution of a unit of local government. The ordinance shall 
detail the purpose and cost savings to be achieved by such 
dissolution, and be published in a newspaper of general 
circulation served by the unit of local
government and on the 
county's website, if applicable.
    (b) Upon the effective date of an ordinance enacted 
pursuant to subsection (a) of this Section, the chairman of the 
county board shall cause an audit of all claims against the 
unit, all receipts of the unit, the inventory of all real and 
personal property owned by the unit or under its control or 
management, and any debts owed by the unit. The chairman may, 
at his or her discretion, undertake any other
audit or 
financial review of the affairs of the unit. The
person or 
entity conducting such audit shall report the
findings of the 
audit to the county board and to the chairman of the
county 
board within 30 days or as soon thereafter as is practicable.
    (c) Following the return of the audit report required by 
subsection (b) of this Section, the county board may adopt an 
ordinance authorizing the dissolution of dissolving the unit 
not less than 60 150 days following the court's appointment of 
a trustee-in-dissolution as provided in this Division 
effective date of the ordinance. Upon adoption of the 
ordinance, but not before the end of the 30-day period set 
forth in subsection (e) of this Section and prior to its 
effective date, the chairman of the county board shall petition 
the circuit court for an order designating a 
trustee-in-dissolution for the unit, immediately terminating 
the terms of the members of the governing board of the unit of 
local  government on the effective date of the ordinance, and 
providing for the compensation of the trustee, which shall be 
paid from the corporate funds of the unit.
    (d) Upon the court's appointment of a 
trustee-in-dissolution effective date of an ordinance enacted 
under subsection (c) of this Section, and notwithstanding any 
other provision of law, the State's attorney, or his or her 
designee, shall become the exclusive legal representative of 
the dissolving unit of local government. The county treasurer 
shall become the treasurer of the unit of local government and 
the county clerk shall become the secretary of the unit of 
local government.
    (e) Any dissolution of a unit of local government proposed 
pursuant to this Act shall be subject to a backdoor referendum. 
Upon adoption of  In addition to, or as part of, the authorizing 
ordinance enacted pursuant to subsection (c) of this Section, 
the county shall publish a notice shall be published that 
includes: (1) the specific number of voters required to sign a 
petition requesting that the question of dissolution be 
submitted to referendum; (2) the time when such petition must 
be filed; (3) the date of the prospective referendum; and (4) 
the statement of the cost savings and the purpose or basis for 
the dissolution as set forth in the authorizing ordinance under 
subsection (a) of this Section. The county's election authority 
shall provide a petition form to anyone requesting one. If no 
petition is filed with the county's election authority within 
30 days of publication of the authorizing ordinance and notice, 
the chairman of the county board is authorized to proceed 
pursuant to subsection (c) of this Section the ordinance shall 
become effective.
    However, the election authority shall certify the question 
for submission at the next election held in accordance with 
general election law if a petition: (1) is filed within the 
30-day period; (2) is signed   by electors numbering either 7.5% 
of the registered voters in the governmental unit or 200 
registered voters, whichever is less; and (3) asks that the 
question of dissolution be submitted to referendum.
    The election authority shall submit the question to voters 
residing in the area served by the unit of local government in 
substantially the following form:
        Shall the county board be authorized to dissolve [name 
    of unit of local government]?
    The election authority shall record the votes as "Yes" or 
"No".
    If a majority of the votes cast on the question at such 
election are in favor of dissolution of the unit of local 
government and provided that notice of the referendum was 
provided as set forth in Section 12-5 of the Election Code, the 
chairman of the county board is authorized to proceed pursuant 
to subsection (c) of this Section.

(Source: P.A. 98-126, eff. 8-2-13.)