August 13, 2015
To the Honorable
Members of
The Illinois Senate,
99th General
Assembly:
Today I return Senate Bill 816 with a
specific recommendation for change.
Section 2.1 of the Water Commission Act
authorizes a water commission to vote to dissolve itself and consolidate into
another unit of government. This authority was only recently enacted into law
in 2014 at the recommendation of the Local Government Consolidation Commission.
Senate Bill 816 would remove this authority.
Illinois currently has almost 7,000
units of local government, far more than any state in the country. I strongly
support the authority of units of local government to take initiative to
dissolve and consolidate.
In one particular circumstance, however,
this authority is hampering the DuPage Water Commission’s ability to
effectively serve its constituents. The Commission was created and funded by
voluntary participating municipalities. Because the Commission can be
effectively dissolved by those municipalities, the additional authority
conferred by the 2014 law is not necessary in the limited case of the
Commission.
I applaud the efforts of those members
of the General Assembly who have championed the consolidation of local
government. The change recommended below allows for the dissolution of water
commissions best suited to their circumstances.
Therefore, pursuant to Section 9(e) of
Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill
816, entitled “AN ACT concerning local government”, with the following specific
recommendation for change:
On page 1, by replacing lines 7 through 23 with the
following:
“Sec. 2.1. Cessation of commission organization.
(a)
Notwithstanding any other provision of law, if a majority vote of the water
commission is in favor of the proposition to annex the commission to another
commission whose boundaries are contiguous, or consolidate the commission into
a municipality with which the commission is coterminous or substantially
coterminous, or consolidate the commission into the county in which the
commission sits, and if the governing authorities of the governmental unit
assuming the functions of the former commission agree by resolution to accept
the functions (and jurisdiction over the territory, if applicable) of the
consolidated or annexed commission, then the commission shall cease. On the
effective date of the annexation or consolidation, all the rights, powers,
duties, assets, property, liabilities, indebtedness, obligations, bonding
authority, taxing authority, and responsibilities of the commission shall vest
in and be assumed by the governmental unit assuming the functions of the former
commission.
The employees of the former commission shall be transferred to the
governmental unit assuming the functions of the former commission. The
governmental unit assuming the functions of the former commission shall
exercise the rights and responsibilities of the former commission with respect
to those employees. The status and rights of the employees of the former
commission under any applicable contracts or collective bargaining agreements,
historical representation rights under the Illinois Public Labor Relations Act,
or under any pension, retirement, or annuity plan shall not be affected by this
amendatory Act.
(b) This Section shall not apply to any water commission organized
in DuPage County.”; and
On page 2, by
deleting lines 1 through 12.
With this change, Senate Bill 816 will
have my approval. I respectfully request your concurrence.
Sincerely,
Bruce Rauner
GOVERNOR