Full Text of HB4047 99th General Assembly
HB4047ham001 99TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Sections 5-44010, 5-44020, 5-44025, 5-44030, and 5-44040 and by | 6 | | adding Section 5-44026 as follows: | 7 | | (55 ILCS 5/5-44010) | 8 | | Sec. 5-44010. Applicability. The powers and authorities | 9 | | provided by this Division 5-44 apply only to counties with a | 10 | | population of more than 650,000 900,000 and less than 3,000,000 | 11 | | that are contiguous to a county with a population of more than | 12 | | 3,000,000 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 | 2 | | district, municipal fire department, or service organized | 3 | | under Section 5-1056.1 of the Counties Code, Sections 195 and | 4 | | 200 of the Township Code, Section 10-2.1 of the Illinois | 5 | | Municipal Code, or the Illinois Fire Protection District Act. | 6 | | "Governing board" means the individual or individuals who | 7 | | constitute the
corporate authorities of a unit of local | 8 | | government. | 9 | | "Unit of local government" or "unit" means any unit of | 10 | | local government located entirely within one county, to which | 11 | | the county board chairman or county executive directly appoints | 12 | | a majority of its governing board with the advice and consent | 13 | | of the county board, but shall not include a fire protection | 14 | | district that directly employs any regular full-time employees | 15 | | or a special district organized under the Water Commission Act | 16 | | of 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 | 20 | | ordinance . | 21 | | (a) A county board may, by ordinance, propose the | 22 | | dissolution of a unit of local government. The ordinance shall | 23 | | detail the purpose and cost savings to be achieved by such | 24 | | dissolution, and be published in a newspaper of general | 25 | | circulation served by the unit of local
government and on the |
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| 1 | | county's website, if applicable. | 2 | | (b) Upon the effective date of an ordinance enacted | 3 | | pursuant to subsection (a) of this Section, the chairman of the | 4 | | county board shall cause an audit of all claims against the | 5 | | unit, all receipts of the unit, the inventory of all real and | 6 | | personal property owned by the unit or under its control or | 7 | | management, and any debts owed by the unit. The chairman may, | 8 | | at his or her discretion, undertake any other
audit or | 9 | | financial review of the affairs of the unit. The
person or | 10 | | entity conducting such audit shall report the
findings of the | 11 | | audit to the county board and to the chairman of the
county | 12 | | board within 30 days. | 13 | | (c) Following the return of the audit report required by | 14 | | subsection (b) of this Section, the county board may adopt an | 15 | | ordinance dissolving the unit 150 days following the effective | 16 | | date of the ordinance. Upon adoption of the ordinance, but not | 17 | | before the end of the 30-day period set forth in subsection (e) | 18 | | of this Section and prior to its effective date, the chairman | 19 | | of the county board shall petition the circuit court for an | 20 | | order designating a trustee-in-dissolution for the unit, | 21 | | immediately terminating the terms of the members of the | 22 | | governing board of the unit of local government on the | 23 | | effective date of the ordinance, and providing for the | 24 | | compensation of the trustee, which shall be paid from the | 25 | | corporate funds of the unit. | 26 | | (d) Upon the effective date of an ordinance enacted under |
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| 1 | | subsection (c) of this Section, and notwithstanding any other | 2 | | provision of law, the State's attorney, or his or her designee, | 3 | | shall become the exclusive legal representative of the | 4 | | dissolving unit of local government. The county treasurer shall | 5 | | become the treasurer of the unit of local government and the | 6 | | county clerk shall become the secretary of the unit of local | 7 | | government. | 8 | | (e) Any dissolution of a unit of local government proposed | 9 | | pursuant to this Act shall be subject to a backdoor referendum. | 10 | | In addition to, or as part of, the authorizing ordinance | 11 | | enacted pursuant to subsection (c) of this Section, a notice | 12 | | shall be published that includes: (1) the specific number of | 13 | | voters required to sign a petition requesting that the question | 14 | | of dissolution be submitted to referendum; (2) the time when | 15 | | such petition must be filed; (3) the date of the prospective | 16 | | referendum; and (4) the statement of the cost savings and the | 17 | | purpose or basis for the dissolution as set forth in the | 18 | | authorizing ordinance under subsection (a) of this Section. The | 19 | | county's election authority shall provide a petition form to | 20 | | anyone requesting one. If no petition is filed with the | 21 | | county's election authority within 30 days of publication of | 22 | | the authorizing ordinance and notice, the ordinance shall | 23 | | become effective. | 24 | | However, the election authority shall certify the question | 25 | | for submission at the next election held in accordance with | 26 | | general election law if a petition: (1) is filed within the |
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| 1 | | 30-day period; (2) is signed by electors numbering either 7.5% | 2 | | of the registered voters in the governmental unit or 200 | 3 | | registered voters, whichever is less; and (3) asks that the | 4 | | question of dissolution be submitted to referendum. | 5 | | The election authority shall submit the question to voters | 6 | | residing in the area served by the unit of local government in | 7 | | substantially 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 | 13 | | election are in favor of dissolution of the unit of local | 14 | | government and provided that notice of the referendum was | 15 | | provided as set forth in Section 12-5 of the Election Code, the | 16 | | county 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 | 21 | | referendum. | 22 | | (a) A county board may propose the dissolution of a unit of | 23 | | local government. The proposal shall detail the purpose and | 24 | | cost savings to be achieved by such dissolution, and be | 25 | | published in a newspaper of general circulation served by the |
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| 1 | | unit of local government and on the county's website, if | 2 | | applicable. The notice shall also include information | 3 | | concerning the specific number of voters required to sign a | 4 | | petition requesting that the question of dissolution be | 5 | | submitted to referendum that must occur before any dissolution | 6 | | takes place. | 7 | | (b) Any dissolution of a unit of local government proposed | 8 | | pursuant to this Act shall be subject to a referendum. The | 9 | | election authority shall certify the question for submission at | 10 | | the next election held in accordance with general election law | 11 | | if a petition: (1) is signed by electors numbering either 7.5% | 12 | | of the registered voters in the governmental unit or 200 | 13 | | registered voters, whichever is less; and (2) asks that the | 14 | | question of dissolution be submitted to referendum. | 15 | | The election authority shall submit the question to voters | 16 | | residing in the area served by the unit of local government in | 17 | | substantially 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 | 23 | | election are in favor of dissolution of the unit of local | 24 | | government and provided that notice of the referendum was | 25 | | provided as set forth in Section 12-5 of the Election Code, the | 26 | | county 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 | 3 | | subsection (b) of this Section, the chairman of the county | 4 | | board shall cause an audit of all claims against the unit, all | 5 | | receipts of the unit, the inventory of all real and personal | 6 | | property owned by the unit or under its control or management, | 7 | | and any debts owed by the unit. The chairman may, at his or her | 8 | | discretion, undertake any other audit or financial review of | 9 | | the affairs of the unit. The person or entity conducting such | 10 | | audit shall report the findings of the audit to the county | 11 | | board and to the chairman of the county board within 30 days. | 12 | | (d) Following the return of the audit report required by | 13 | | subsection (c) of this Section, the county board shall adopt an | 14 | | ordinance dissolving the unit 150 days following the adoption | 15 | | of the referendum. Upon adoption of the ordinance, the chairman | 16 | | of the county board shall petition the circuit court for an | 17 | | order designating a trustee-in-dissolution for the unit, | 18 | | immediately terminating the terms of the members of the | 19 | | governing board of the unit of local government on the | 20 | | effective date of the ordinance, and providing for the | 21 | | compensation of the trustee, which shall be paid from the | 22 | | corporate funds of the unit. | 23 | | (e) Upon the effective date of an ordinance enacted under | 24 | | subsection (d) of this Section, and notwithstanding any other | 25 | | provision of law, the State's attorney, or his or her designee, | 26 | | shall become the exclusive legal representative of the |
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| 1 | | dissolving unit of local government. The county treasurer shall | 2 | | become the treasurer of the unit of local government and the | 3 | | county clerk shall become the secretary of the unit of local | 4 | | government. | 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 | 8 | | and 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 | 21 | | trustee-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 | 7 | | dissolution of a unit of local government pursuant to this | 8 | | Division: | 9 | | (a) Notwithstanding the provisions of the Special Service | 10 | | Area Tax Law of the Property Tax Code that pertain to the | 11 | | establishment of special service areas, all or part of the | 12 | | territory formerly served by the dissolved unit of local | 13 | | government may be established as a special service area or | 14 | | areas of the county if the county board by resolution | 15 | | determines that this designation is necessary for it to provide | 16 | | services. The special service area, if created, shall include | 17 | | all territory formerly served by the dissolved unit of local | 18 | | government if the dissolved unit has outstanding indebtedness. | 19 | | If the boundaries of a special service area created under this | 20 | | subsection include territory within a municipality, the | 21 | | corporate authorities of that municipality may, with the | 22 | | consent of the county, assume responsibility for the special | 23 | | service area and become its governing body. | 24 | | All or part of the territory formerly served by a dissolved | 25 | | fire protection jurisdiction shall not be established as a |
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| 1 | | special service area unless the creation of the special service | 2 | | area does not increase the average response times nor decrease | 3 | | the level of service provided. | 4 | | (b) In addition to any other powers provided by law, the | 5 | | governing body of a special service area created pursuant to | 6 | | this subsection shall assume and is authorized to exercise all | 7 | | the powers and duties of the dissolved unit with respect to the | 8 | | special service area. The governing body is also authorized to | 9 | | continue to levy any tax previously imposed by the unit of | 10 | | local government within the special service area. However, the | 11 | | governing board shall not have the power to decrease the levy | 12 | | that is in effect on or before the date of dissolution of the | 13 | | fire protection jurisdiction that affects the provision of fire | 14 | | and emergency medical services. | 15 | | (c) Subsequent increases of the current tax levy within the | 16 | | special service area or areas shall be made in accordance with | 17 | | the provisions of the Special Service Area Tax Law of the | 18 | | Property Tax Code.
| 19 | | (Source: P.A. 98-126, eff. 8-2-13.)".
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