Public Act 1136 102ND GENERAL ASSEMBLY

HB4228 Enrolled LRB102 21313 HLH 30425 b

Public Act 102-1136

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Decennial Committees on Local Government Efficiency Act is amended by changing Sections 5, 10, 20, and 25 as follows:

(50 ILCS 70/5)

Sec. 5. Definitions Definition. As used in this Act: ,

"Governing board" means the governing body of a governmental unit. If the governmental unit is a road district, then "governing board" means the governing body of the road district, as provided in Division 1 of Article 6 of the Illinois Highway Code, including, but not limited to, the highway board of auditors, the highway commissioner of a township road district, the township board of trustees, the city council, the municipal president and board of trustees, or the county board, as applicable.

"Governmental unit" means all entities that levy taxes and are also units of local government, as defined in Section 1 of Article VII of the Illinois Constitution, governmental unit" includes all units of local government that may levy any tax, except municipalities and counties.

(Source: P.A. 102-1088, eff. 6-10-22.)

(50 ILCS 70/10)

Sec. 10. Formation of committee; members; vacancy; administrative support.

(a) By June 10, 2023 ( Within one year after the effective date of this Act) and at least once every 10 years after June 10, 2023 thereafter, each governmental unit must form a committee to study local efficiencies and report recommendations regarding efficiencies and increased accountability to the county board in which the governmental unit is located.

(b) Each committee's membership shall include the elected or appointed members of the governing board of the governmental unit; at least 2 residents within the territory served by of the governmental unit, who are appointed by the chair of the governing board of the governmental unit, with the advice and consent of the governing board; and any chief executive officer or other officer of the governmental unit. The committee shall be chaired by the president or chief elected or appointed official of the governing board of the governmental unit, or his or her designee. The chairperson may appoint additional members to the committee as the chairperson he or she deems appropriate.

Committee members shall serve without compensation but may be reimbursed by the governmental unit for their expenses incurred in performing their duties.

(b-5) In lieu of the committee described in subsection (a), a highway commissioner of a township road district in a county with a population under 400,000 and the township board of the same township may form a joint committee for the purposes described in subsection (a). That joint committee shall include: the township trustees; the highway commissioner; at least 2 residents of the territory served by the governmental unit appointed by the township supervisor with the advice and consent of the township board; at least one resident of the governmental unit appointed by the highway commissioner; and the township supervisor. The joint committee shall be chaired by the township supervisor and shall issue a joint report with 2 sections, one section for the township and one section for the road district. Except with respect to its composition and report, the joint committee shall otherwise comply with subsection (b). References in this Act to a "committee" shall also include a joint committee formed under this subsection.

(c) A committee may employ or use the services of specialists in public administration and governmental management and any other trained consultants, analysts, investigators, and assistants it considers appropriate, and it may seek assistance from community colleges and universities as necessary to prepare the report required under Section 25.

(d) If a vacancy occurs in the committee membership, the vacancy shall be filled in the same manner as the appointments under subsection (b).

(e) Each governmental unit shall provide administrative and other support to its committee.

(Source: P.A. 102-1088, eff. 6-10-22.)

(50 ILCS 70/20)

Sec. 20. Meetings. Each committee shall meet at least 3 times. The committee may meet during a regularly scheduled meeting of the governmental unit as long as: (1) separate notice is given in conformance with the Open Meetings Act; (2) the committee meeting is listed as part of the governing board's board of the governmental unit's agenda; and (3) at least a majority of the members of the committee are present at the committee's meeting. Each meeting of the committee shall be public, and the committee shall provide an opportunity for any person to be heard at the public hearings for at least 3 minutes. The committee may require speakers to register. The committee shall meet in accordance with the Open Meetings Act, and the committee shall be a public body to which the Freedom of Information Act applies.

At the conclusion of each meeting, the committee shall conduct a survey of residents who attended asking for input on the matters discussed at the meeting. A survey conducted via email to all residents who attended the meeting and provided a valid email address will be sufficient to satisfy the requirements of this paragraph.

(Source: P.A. 102-1088, eff. 6-10-22.)

(50 ILCS 70/25)

Sec. 25. Report. Each committee shall summarize its work and findings within a written report, which shall include recommendations in respect to increased accountability and efficiency, and shall provide the report to the administrative office of each county board in which the governmental unit is located no later than 18 months after the formation of the committee. The report shall be made available to the public.

For purposes of this Section, if a governmental unit is located in multiple counties, the committee may, if required, provide the same report to the county board of each of those counties.

(Source: P.A. 102-1088, eff. 6-10-22.)

Section 10. The State Mandates Act is amended by adding Section 8.47 as follows:

(30 ILCS 805/8.47 new)

Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by the Decennial Committees on Local Government Efficiency Act.

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 2/10/2023