Illinois General Assembly - Full Text of HB5777
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Full Text of HB5777  100th General Assembly


Sen. Thomas Cullerton

Filed: 5/28/2018





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2    AMENDMENT NO. ______. Amend House Bill 5777 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Counties Code is amended by changing
5Section 5-44025 as follows:
6    (55 ILCS 5/5-44025)
7    Sec. 5-44025. Dissolution of units of local government.
8    (a) A county board may, by ordinance, propose the
9dissolution of a unit of local government. The ordinance shall
10detail the purpose and cost savings to be achieved by such
11dissolution, and be published in a newspaper of general
12circulation served by the unit of local government and on the
13county's website, if applicable.
14    (b) Upon the effective date of an ordinance enacted
15pursuant to subsection (a) of this Section, the chairman of the
16county board shall cause an audit of all claims against the



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1unit, all receipts of the unit, the inventory of all real and
2personal property owned by the unit or under its control or
3management, and any debts owed by the unit. The chairman may,
4at his or her discretion, undertake any other audit or
5financial review of the affairs of the unit. The person or
6entity conducting such audit shall report the findings of the
7audit to the county board and to the chairman of the county
8board within 30 days or as soon thereafter as is practicable.
9    (c) Following the return of the audit report required by
10subsection (b) of this Section, the county board may adopt an
11ordinance authorizing the dissolution of dissolving the unit
12not less than 60 150 days following the court's appointment of
13a trustee-in-dissolution as provided in this Division
14effective date of the ordinance. Upon adoption of the
15ordinance, but not before the end of the 30-day period set
16forth in subsection (e) of this Section and prior to its
17effective date, the chairman of the county board shall petition
18the circuit court for an order designating a
19trustee-in-dissolution for the unit, immediately terminating
20the terms of the members of the governing board of the unit of
21local government on the effective date of the ordinance, and
22providing for the compensation of the trustee, which shall be
23paid from the corporate funds of the unit.
24    (d) Upon the court's appointment of a
25trustee-in-dissolution effective date of an ordinance enacted
26under subsection (c) of this Section, and notwithstanding any



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1other provision of law, the State's attorney, or his or her
2designee, shall become the exclusive legal representative of
3the dissolving unit of local government. The county treasurer
4shall become the treasurer of the unit of local government and
5the county clerk shall become the secretary of the unit of
6local government.
7    (e) Any dissolution of a unit of local government proposed
8pursuant to this Act shall be subject to a backdoor referendum.
9Upon adoption of In addition to, or as part of, the authorizing
10ordinance enacted pursuant to subsection (c) of this Section,
11the county shall publish a notice shall be published that
12includes: (1) the specific number of voters required to sign a
13petition requesting that the question of dissolution be
14submitted to referendum; (2) the time when such petition must
15be filed; (3) the date of the prospective referendum; and (4)
16the statement of the cost savings and the purpose or basis for
17the dissolution as set forth in the authorizing ordinance under
18subsection (a) of this Section. The county's election authority
19shall provide a petition form to anyone requesting one. If no
20petition is filed with the county's election authority within
2130 days of publication of the authorizing ordinance and notice,
22the chairman of the county board is authorized to proceed
23pursuant to subsection (c) of this Section the ordinance shall
24become effective.
25    However, the election authority shall certify the question
26for submission at the next election held in accordance with



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1general election law if a petition: (1) is filed within the
230-day period; (2) is signed by electors numbering either 7.5%
3of the registered voters in the governmental unit or 200
4registered voters, whichever is less; and (3) asks that the
5question of dissolution be submitted to referendum.
6    The election authority shall submit the question to voters
7residing in the area served by the unit of local government in
8substantially the following form:
9        Shall the county board be authorized to dissolve [name
10    of unit of local government]?
11    The election authority shall record the votes as "Yes" or
13    If a majority of the votes cast on the question at such
14election are in favor of dissolution of the unit of local
15government and provided that notice of the referendum was
16provided as set forth in Section 12-5 of the Election Code, the
17chairman of the county board is authorized to proceed pursuant
18to subsection (c) of this Section.
19(Source: P.A. 98-126, eff. 8-2-13.)".