Rep. Natalie A. Manley

Filed: 4/15/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4047

2    AMENDMENT NO. ______. Amend House Bill 4047 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Sections 5-44010, 5-44020, 5-44025, 5-44030, and 5-44040 and by
6adding Section 5-44026 as follows:
 
7    (55 ILCS 5/5-44010)
8    Sec. 5-44010. Applicability. The powers and authorities
9provided by this Division 5-44 apply only to counties with a
10population of more than 650,000 900,000 and less than 3,000,000
11that are contiguous to a county with a population of more than
123,000,000 and units of local government within such counties.
13(Source: P.A. 98-126, eff. 8-2-13.)
 
14    (55 ILCS 5/5-44020)
15    Sec. 5-44020. Definitions. In this Division 5-44:

 

 

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1    "Fire protection jurisdiction" means a fire protection
2district, municipal fire department, or service organized
3under Section 5-1056.1 of the Counties Code, Sections 195 and
4200 of the Township Code, Section 10-2.1 of the Illinois
5Municipal Code, or the Illinois Fire Protection District Act.
6    "Governing board" means the individual or individuals who
7constitute the corporate authorities of a unit of local
8government.
9    "Unit of local government" or "unit" means any unit of
10local government located entirely within one county, to which
11the county board chairman or county executive directly appoints
12a majority of its governing board with the advice and consent
13of the county board, but shall not include a fire protection
14district that directly employs any regular full-time employees
15or a special district organized under the Water Commission Act
16of 1985.
17(Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14.)
 
18    (55 ILCS 5/5-44025)
19    Sec. 5-44025. Dissolution of units of local government by
20ordinance.
21    (a) A county board may, by ordinance, propose the
22dissolution of a unit of local government. The ordinance shall
23detail the purpose and cost savings to be achieved by such
24dissolution, and be published in a newspaper of general
25circulation served by the unit of local government and on the

 

 

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1county's website, if applicable.
2    (b) Upon the effective date of an ordinance enacted
3pursuant to subsection (a) of this Section, the chairman of the
4county board shall cause an audit of all claims against the
5unit, all receipts of the unit, the inventory of all real and
6personal property owned by the unit or under its control or
7management, and any debts owed by the unit. The chairman may,
8at his or her discretion, undertake any other audit or
9financial review of the affairs of the unit. The person or
10entity conducting such audit shall report the findings of the
11audit to the county board and to the chairman of the county
12board within 30 days.
13    (c) Following the return of the audit report required by
14subsection (b) of this Section, the county board may adopt an
15ordinance dissolving the unit 150 days following the effective
16date of the ordinance. Upon adoption of the ordinance, but not
17before the end of the 30-day period set forth in subsection (e)
18of this Section and prior to its effective date, the chairman
19of the county board shall petition the circuit court for an
20order designating a trustee-in-dissolution for the unit,
21immediately terminating the terms of the members of the
22governing board of the unit of local government on the
23effective date of the ordinance, and providing for the
24compensation of the trustee, which shall be paid from the
25corporate funds of the unit.
26    (d) Upon the effective date of an ordinance enacted under

 

 

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1subsection (c) of this Section, and notwithstanding any other
2provision of law, the State's attorney, or his or her designee,
3shall become the exclusive legal representative of the
4dissolving unit of local government. The county treasurer shall
5become the treasurer of the unit of local government and the
6county clerk shall become the secretary of the unit of local
7government.
8    (e) Any dissolution of a unit of local government proposed
9pursuant to this Act shall be subject to a backdoor referendum.
10In addition to, or as part of, the authorizing ordinance
11enacted pursuant to subsection (c) of this Section, a notice
12shall be published that includes: (1) the specific number of
13voters required to sign a petition requesting that the question
14of dissolution be submitted to referendum; (2) the time when
15such petition must be filed; (3) the date of the prospective
16referendum; and (4) the statement of the cost savings and the
17purpose or basis for the dissolution as set forth in the
18authorizing ordinance under subsection (a) of this Section. The
19county's election authority shall provide a petition form to
20anyone requesting one. If no petition is filed with the
21county's election authority within 30 days of publication of
22the authorizing ordinance and notice, the ordinance shall
23become effective.
24    However, the election authority shall certify the question
25for submission at the next election held in accordance with
26general election law if a petition: (1) is filed within the

 

 

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130-day period; (2) is signed by electors numbering either 7.5%
2of the registered voters in the governmental unit or 200
3registered voters, whichever is less; and (3) asks that the
4question of dissolution be submitted to referendum.
5    The election authority shall submit the question to voters
6residing in the area served by the unit of local government in
7substantially the following form:
8        Shall the county board be authorized to dissolve [name
9    of unit of local government]?
10    The election authority shall record the votes as "Yes" or
11"No".
12    If a majority of the votes cast on the question at such
13election are in favor of dissolution of the unit of local
14government and provided that notice of the referendum was
15provided as set forth in Section 12-5 of the Election Code, the
16county board is authorized to proceed pursuant to subsection
17(c) of this Section.
18(Source: P.A. 98-126, eff. 8-2-13.)
 
19    (55 ILCS 5/5-44026 new)
20    Sec. 5-44026. Dissolution of units of local government by
21referendum.
22    (a) A county board may propose the dissolution of a unit of
23local government. The proposal shall detail the purpose and
24cost savings to be achieved by such dissolution, and be
25published in a newspaper of general circulation served by the

 

 

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1unit of local government and on the county's website, if
2applicable. The notice shall also include information
3concerning the specific number of voters required to sign a
4petition requesting that the question of dissolution be
5submitted to referendum that must occur before any dissolution
6takes place.
7    (b) Any dissolution of a unit of local government proposed
8pursuant to this Act shall be subject to a referendum. The
9election authority shall certify the question for submission at
10the next election held in accordance with general election law
11if a petition: (1) is signed by electors numbering either 7.5%
12of the registered voters in the governmental unit or 200
13registered voters, whichever is less; and (2) asks that the
14question of dissolution be submitted to referendum.
15    The election authority shall submit the question to voters
16residing in the area served by the unit of local government in
17substantially the following form:
18        Shall the county board be authorized to dissolve [name
19    of unit of local government]?
20    The election authority shall record the votes as "Yes" or
21"No".
22    If a majority of the votes cast on the question at such
23election are in favor of dissolution of the unit of local
24government and provided that notice of the referendum was
25provided as set forth in Section 12-5 of the Election Code, the
26county board is authorized to proceed pursuant to subsection

 

 

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1(c) of this Section.
2    (c) Upon the adoption of a referendum enacted pursuant to
3subsection (b) of this Section, the chairman of the county
4board shall cause an audit of all claims against the unit, all
5receipts of the unit, the inventory of all real and personal
6property owned by the unit or under its control or management,
7and any debts owed by the unit. The chairman may, at his or her
8discretion, undertake any other audit or financial review of
9the affairs of the unit. The person or entity conducting such
10audit shall report the findings of the audit to the county
11board and to the chairman of the county board within 30 days.
12    (d) Following the return of the audit report required by
13subsection (c) of this Section, the county board shall adopt an
14ordinance dissolving the unit 150 days following the adoption
15of the referendum. Upon adoption of the ordinance, the chairman
16of the county board shall petition the circuit court for an
17order designating a trustee-in-dissolution for the unit,
18immediately terminating the terms of the members of the
19governing board of the unit of local government on the
20effective date of the ordinance, and providing for the
21compensation of the trustee, which shall be paid from the
22corporate funds of the unit.
23    (e) Upon the effective date of an ordinance enacted under
24subsection (d) of this Section, and notwithstanding any other
25provision of law, the State's attorney, or his or her designee,
26shall become the exclusive legal representative of the

 

 

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1dissolving unit of local government. The county treasurer shall
2become the treasurer of the unit of local government and the
3county clerk shall become the secretary of the unit of local
4government.
 
5    (55 ILCS 5/5-44030)
6    Sec. 5-44030. Trustee-in-dissolution; powers and duties.
7(a) The trustee-in-dissolution shall have the following powers
8and duties:
9        (1) to execute all of the powers and duties of the
10    previous board;
11        (2) to levy and rebate taxes, subject to the approval
12    of the county board, for the purpose of paying the debts,
13    obligations, and liabilities of the unit that are
14    outstanding on the date of the dissolution and the
15    necessary expenses of closing up the affairs of the
16    district if these funds are not available from the unit of
17    local government's general fund;
18        (3) to present, within 30 days of his or her
19    appointment, a plan for the consolidation and dissolution
20    of the unit of local government to the county board for its
21    approval. The plan shall identify what functions, if any,
22    of the unit of local government shall be undertaken by the
23    county upon dissolution and whether any taxes previously
24    levied for the provision of these functions shall be
25    maintained;

 

 

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1        (4) to enter into an intergovernmental agreement with
2    one or more governmental entities to utilize existing
3    resources including, but not limited to, labor, materials,
4    and property, as may be needed to carry out the foregoing
5    duties;
6        (5) to enter into an intergovernmental agreement with
7    the county to combine or transfer any of the powers,
8    privileges, functions, or authority of the unit of local
9    government to the county as may be required to facilitate
10    the transition; and
11        (6) to sell the property of the unit and, in case any
12    excess remains after all liabilities of the unit are paid,
13    the excess shall be transferred to a special fund created
14    and maintained by the county treasurer to be expended
15    solely to defer the costs incurred by the county in
16    performing the duties of the unit, subject to the
17    requirements of Section 5-44035 of this Division. Nothing
18    in this Section shall prohibit the county from acquiring
19    any or all real or personal property of the district.
20    (b) For fire protection jurisdictions, the
21trustee-in-dissolution shall not have:
22        (1) the powers enumerated in this Section unless the
23    dissolution of that unit of local government shall not
24    increase the average response times nor decrease the level
25    of services provided; and
26        (2) the power to decrease the levy that is in effect on

 

 

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1    or before the date of dissolution of the fire protection
2    jurisdiction that affects the provision of fire and
3    emergency medical services.
4(Source: P.A. 98-126, eff. 8-2-13.)
 
5    (55 ILCS 5/5-44040)
6    Sec. 5-44040. Effect of dissolution. Immediately upon the
7dissolution of a unit of local government pursuant to this
8Division:
9    (a) Notwithstanding the provisions of the Special Service
10Area Tax Law of the Property Tax Code that pertain to the
11establishment of special service areas, all or part of the
12territory formerly served by the dissolved unit of local
13government may be established as a special service area or
14areas of the county if the county board by resolution
15determines that this designation is necessary for it to provide
16services. The special service area, if created, shall include
17all territory formerly served by the dissolved unit of local
18government if the dissolved unit has outstanding indebtedness.
19If the boundaries of a special service area created under this
20subsection include territory within a municipality, the
21corporate authorities of that municipality may, with the
22consent of the county, assume responsibility for the special
23service area and become its governing body.
24    All or part of the territory formerly served by a dissolved
25fire protection jurisdiction shall not be established as a

 

 

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1special service area unless the creation of the special service
2area does not increase the average response times nor decrease
3the level of service provided.
4    (b) In addition to any other powers provided by law, the
5governing body of a special service area created pursuant to
6this subsection shall assume and is authorized to exercise all
7the powers and duties of the dissolved unit with respect to the
8special service area. The governing body is also authorized to
9continue to levy any tax previously imposed by the unit of
10local government within the special service area. However, the
11governing board shall not have the power to decrease the levy
12that is in effect on or before the date of dissolution of the
13fire protection jurisdiction that affects the provision of fire
14and emergency medical services.
15    (c) Subsequent increases of the current tax levy within the
16special service area or areas shall be made in accordance with
17the provisions of the Special Service Area Tax Law of the
18Property Tax Code.
19(Source: P.A. 98-126, eff. 8-2-13.)".