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Public Act 100-1113
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| HB5777 Enrolled | LRB100 19717 AWJ 34991 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section |
5-44025 as follows:
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(55 ILCS 5/5-44025) |
Sec. 5-44025. Dissolution of units of local government. |
(a) A county board may, by ordinance, propose the |
dissolution of a unit of local government. The ordinance shall |
detail the purpose and cost savings to be achieved by such |
dissolution, and be published in a newspaper of general |
circulation served by the unit of local
government and on the |
county's website, if applicable. |
(b) Upon the effective date of an ordinance enacted |
pursuant to subsection (a) of this Section, the chairman of the |
county board shall cause an audit of all claims against the |
unit, all receipts of the unit, the inventory of all real and |
personal property owned by the unit or under its control or |
management, and any debts owed by the unit. The chairman may, |
at his or her discretion, undertake any other
audit or |
financial review of the affairs of the unit. The
person or |
entity conducting such audit shall report the
findings of the |
audit to the county board and to the chairman of the
county |
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board within 30 days or as soon thereafter as is practicable. |
(c) Following the return of the audit report required by |
subsection (b) of this Section, the county board may adopt an |
ordinance authorizing the dissolution of dissolving the unit |
not less than 60 150 days following the court's appointment of |
a trustee-in-dissolution as provided in this Division |
effective date of the ordinance. Upon adoption of the |
ordinance, but not before the end of the 30-day period set |
forth in subsection (e) of this Section and prior to its |
effective date, the chairman of the county board shall petition |
the circuit court for an order designating a |
trustee-in-dissolution for the unit, immediately terminating |
the terms of the members of the governing board of the unit of |
local government on the effective date of the ordinance, and |
providing for the compensation of the trustee, which shall be |
paid from the corporate funds of the unit. |
(d) Upon the court's appointment of a |
trustee-in-dissolution effective date of an ordinance enacted |
under subsection (c) of this Section, and notwithstanding any |
other provision of law, the State's attorney, or his or her |
designee, shall become the exclusive legal representative of |
the dissolving unit of local government. The county treasurer |
shall become the treasurer of the unit of local government and |
the county clerk shall become the secretary of the unit of |
local government. |
(e) Any dissolution of a unit of local government proposed |
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pursuant to this Act shall be subject to a backdoor referendum. |
Upon adoption of In addition to, or as part of, the authorizing |
ordinance enacted pursuant to subsection (c) of this Section, |
the county shall publish a notice shall be published that |
includes: (1) the specific number of voters required to sign a |
petition requesting that the question of dissolution be |
submitted to referendum; (2) the time when such petition must |
be filed; (3) the date of the prospective referendum; and (4) |
the statement of the cost savings and the purpose or basis for |
the dissolution as set forth in the authorizing ordinance under |
subsection (a) of this Section. The county's election authority |
shall provide a petition form to anyone requesting one. If no |
petition is filed with the county's election authority within |
30 days of publication of the authorizing ordinance and notice, |
the chairman of the county board is authorized to proceed |
pursuant to subsection (c) of this Section the ordinance shall |
become effective. |
However, the election authority shall certify the question |
for submission at the next election held in accordance with |
general election law if a petition: (1) is filed within the |
30-day period; (2) is signed by electors numbering either 7.5% |
of the registered voters in the governmental unit or 200 |
registered voters, whichever is less; and (3) asks that the |
question of dissolution be submitted to referendum. |
The election authority shall submit the question to voters |
residing in the area served by the unit of local government in |
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substantially the following form: |
Shall the county board be authorized to dissolve [name |
of unit of local government]? |
The election authority shall record the votes as "Yes" or |
"No". |
If a majority of the votes cast on the question at such |
election are in favor of dissolution of the unit of local |
government and provided that notice of the referendum was |
provided as set forth in Section 12-5 of the Election Code, the |
chairman of the county board is authorized to proceed pursuant |
to subsection (c) of this Section.
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(Source: P.A. 98-126, eff. 8-2-13.)
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