Public Act 0316 97TH GENERAL ASSEMBLY

HB0268 Enrolled LRB097 06005 RLJ 46076 b

Public Act 097-0316

AN ACT concerning State government.

WHEREAS, Many of the local governmental units in the State of Illinois were established under provisions of the Illinois Constitution of 1870; and

WHEREAS, There have been rapid changes in the population of Illinois in numbers, in concentration, and in movement, as well as vast economic, social, and technological changes, that strain the ability of Illinois local governments adequately to furnish necessary services; and

WHEREAS, Illinois local governments were conceived to serve a rural society; in areas not experiencing the impact of modern changes, they may be adequate, but in areas of great change, notably the urban areas, they are not sufficiently flexible, do not have adequate powers and financing, and are not responsive to present-day needs in transportation, health, water supply, water pollution, air pollution, recreation, disposal of sewage, and disposal of refuse; and

WHEREAS, The inadequacies in Illinois local governments have resulted in the creation of numerous functional local governments all competing for financial and jurisdictional support from the same area; therefore,

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

Section 1. Short title. This Act may be cited as the Local Government Consolidation Commission Act of 2011.

Section 5. Commission; creation; members. There is created a Local Government Consolidation Commission, to consist of 17 members, 3 to be members of the Senate appointed by the President of the Senate, 3 to be members of the Senate appointed by the Senate Minority Leader, 3 to be members of the House of Representatives appointed by the Speaker of the House, 3 to be members of the House of Representatives appointed by the House Minority Leader, and 5 to be citizens of the State appointed by the Governor as follows:

(1) one member selected from recommendations provided by an association representing counties;

(2) one member selected from recommendations provided by an association representing municipalities;

(3) one member selected from recommendations provided by an association representing townships;

(4) one member selected from recommendations provided by an association representing park districts; and

(5) one member who serves as an elected officer of a local governmental entity in Illinois other than a county, municipality, township, or park district.

Section 10. Study; recommendations. The Commission shall make a survey of the entire structure of local governments and of their organization, powers, jurisdiction, and functions. Among other things, and without limiting its activities, the Commission shall:

(1) Study all laws governing the organization, powers, jurisdiction, and functions of local governments.

(2) Study the inter-relationships of local governments to each other and to federal and State governments.

(3) Formulate specific recommendations for legislation or constitutional amendments to (i) permit effective management of local affairs, (ii) encourage local policy decision making, (iii) reduce the multiplicity of local governments, (iv) eliminate overlapping and duplicating of unnecessary powers, (v) increase efficiency and economy in local governments, and (vi) allow optional forms of local governments and increase their authority for cooperation among the levels of government.

Section 15. Meetings; officers. The members of the Commission shall meet and the Commission shall be organized within 90 days after the effective date of this Act, and shall at that time elect a chair from among the members. The Commission may adopt its own rules of procedure. The Commission may employ or use the services of specialists in public administration and governmental management and any other trained consultants, analysts, investigators, and assistants it may consider necessary, on either a full-time or a part-time basis. The Commission shall fix the compensation for any paid employees, which shall be paid from moneys appropriated to the Department of Commerce and Economic Opportunity for that purpose.

Section 20. Compensation; expenses. The members of the Commission shall serve without compensation. The Department of Commerce and Economic Opportunity shall provide support for the Commission, and pay members' actual traveling and other expenses incurred in the performance of the duties of the Commission, from moneys appropriated to the Department for those purposes.

Section 25. Report. The Commission shall render its final report to the General Assembly not later than December 31, 2012, setting out its findings and recommendations and proposing those measures it considers necessary to effect essential changes and improvements in the existing laws relating to any or all of the matters enumerated in Section 10 of this Act.

(20 ILCS 3986/Act rep.)

Section 30. The Local Government Consolidation Commission Act is repealed.

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

Effective Date: 8/12/2011