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Full Text of SB0173  97th General Assembly

SB0173sam001 97TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/8/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 173

2    AMENDMENT NO. ______. Amend Senate Bill 173 by inserting
3immediately above the enacting clause the following:
4    "WHEREAS, According to the United States Census Bureau,
5Illinois had 6,994 units of local government in 2007, the most
6units of local government of any state in the country; and
7    WHEREAS, Multiple layers of units of local government can
8be inefficient and lead to a duplication of services; and
9    WHEREAS, Most units of local government have the power to
10levy ad valorem property taxes; and
11    WHEREAS, The power of units of local government to levy
12taxes can lead to an increased property tax burden for Illinois
13citizens; therefore,"; and
 
14by replacing everything after the enacting clause with the
15following:
 
16    "Section 1. Short title. This Act may be cited as the

 

 

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1Local Government Consolidation Commission Act.
 
2    Section 5. Definitions. As used in this Act:
3    "Commission" means the Local Government Consolidation
4Commission created by this Act.
5    "Unit of local government" means a unit of local government
6as defined in Section 1 of Article VII of the Illinois
7Constitution. The term does not include a school district or
8community college district.
 
9    Section 10. Commission; creation; members. There is
10created a Local Government Consolidation Commission, to
11consist of 8 members, 2 members appointed by the President of
12the Senate, 2 members appointed by the Minority Leader of the
13Senate, 2 members appointed by the Speaker of the House of
14Representatives, and 2 members appointed by the Minority Leader
15of the House of Representatives. No member may be a local
16government official.
 
17    Section 15. Meetings; officers. The members of the
18Commission shall meet and the Commission shall be organized
19within 30 days after the effective date of this Act, and shall
20at that time elect a chair from among the members.
 
21    Section 20. Compensation; expenses. The members of the
22Commission shall serve without compensation, but may be

 

 

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1reimbursed for necessary traveling expenses incurred in the
2performance of their official duties.
 
3    Section 25. Administrative support. The Commission shall
4receive administrative and other support from the Legislative
5Reference Bureau.
 
6    Section 30. Recommended list.
7    (a) The Commission shall create a recommended list of units
8of local government to be abolished or consolidated and shall
9determine, upon a vote requiring at least 5 affirmative votes,
10the units of local government to be included on the recommended
11list. The recommended list may include the consolidation or
12elimination of a specific type of unit of local government or a
13specific unit of local government designated by name and the
14county in which it is located.
15    In determining the units of local government to be
16abolished or consolidated and any other matter under subsection
17(b) or (c) the Commission must consider the following:
18        (1) The provisions of the Illinois Constitution and
19    State law governing the establishment, organization,
20    jurisdiction, and functions of units of local government.
21        (2) The costs and benefits to the State and other units
22    of local government.
23        (3) The elimination of inefficiencies, duplicate
24    administrative services, and costs to the State and other

 

 

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1    units of local government.
2        (4) The interests and welfare of the public.
3    (b) For each unit of local government included on the
4recommended list, the Commission must:
5        (1) Set forth whether the unit of local government is
6    to be abolished or consolidated.
7        (2) Provide for the transfer of all assets and
8    liabilities of the unit of local government.
9        (3) Provide for the transfer or other disposition of
10    personnel records, documents, books, and other property,
11    both real and personal, of the unit of local government.
12        (4) Set forth all acts of the General Assembly affected
13    by the abolishing or consolidating of the unit of local
14    government.
15    (c) For each specific type of unit of local government
16included on the recommended list, the Commission must:
17        (1) Set forth whether the type of unit of local
18    government is to be abolished or consolidated.
19        (2) List all of the units of local government, by name
20    and the county in which the unit of local government is
21    located, that will be abolished or consolidated as a result
22    of abolishing or consolidating that type of unit of local
23    government.
24        (3) Provide for the transfer of all assets and
25    liabilities of the affected units of local government.
26        (4) Provide for the transfer or other disposition of

 

 

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1    personnel records, documents, books, and other property,
2    both real and personal, of the affected units of local
3    government.
4        (5) Set forth all acts of the General Assembly affected
5    by the abolishing or consolidating of that type of unit of
6    local government.
7    (d) The Commission must conduct at least 3 public hearings
8before creating the recommended list and at least 3 public
9hearings after creating, but before submitting, the
10recommended list to the General Assembly. At the public
11hearings, the Commission shall allow interested persons to
12present their views and comments. The Commission may adopt
13reasonable rules for the conduct of the public hearings.
14    (e) The Commission shall file the recommended list with the
15General Assembly by no later than April 1, 2012. If the
16recommended list abolishes or consolidates a unit of local
17government, then the unit of local government shall be
18abolished or consolidated one year after the time period for
19disapproval, as provided in Section 35, has expired.
 
20    Section 35. Disapproval of recommended list.
21    (a) If the Commission fails to submit a recommended list to
22the General Assembly or the General Assembly disapproves the
23list as provided in subsection (b), then no changes shall be
24made under this Act to any unit of local government.
25    (b) The General Assembly may disapprove the list of the

 

 

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1Commission in whole, but may not disapprove of specific types
2of units of local government or specifically named units of
3local government on the list, within 60 calendar days after
4each chamber next convenes after the list is submitted to the
5General Assembly, by adoption of a resolution by a record vote
6of the majority of the members elected in each house directed
7to the Commission. The resolution shall be binding on the
8Commission.
 
9    Section 40. Revisory bill. If the recommended list is not
10disapproved within the time period for disapproval as set forth
11in Section 35, then the Legislative Reference Bureau shall
12prepare for introduction no later than in the first annual
13session of the General Assembly next occurring after the
14recommended list takes effect a revisory bill effecting the
15changes in the statutes as may be necessary to conform the
16statutes to the changes in law made by the recommended list.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".