SB3220 101ST GENERAL ASSEMBLY

LRB101 20477 AWJ 70051 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3220

Introduced 2/11/2020, by Sen. Dan McConchie

SYNOPSIS AS INTRODUCED:

See Index

Amends the Counties Code. Creates the Countywide Shared Services Property Tax Savings Plan Division. Provides that a shared services panel is created in each county consisting the county executive or chairperson of the county board and a representative of each municipality and township in the county. Provides that municipalities with a population greater than 1,000,000 are not required to, but may, participate. Allows the county executive or chairperson to invite representatives of other governmental units (units of local government and school districts) to participate. Provides that the county executive or chairperson shall initial prepare a countywide shared services property tax savings plan for initial approval by the county board. Provides that the plan shall contain new recurring property tax savings through actions such as, but not limited to: the elimination of duplicative services; shared services, such as joint purchasing, shared highway equipment, shared storage facilities, shared plowing services, and energy and insurance purchasing cooperatives; reduction in back office administrative overhead; and better coordination of services. After review by the county board, requires the shared services panel to approve the plan on or before December 31, 2021. Includes provisions regarding public input, presentation of the plan, implementation of the plan, and resubmittal of a failed plan. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Counties Code is amended by adding Division 6-35 as follows:

(55 ILCS 5/Div. 6-35 heading new)

Division 6-35. Countywide Shared

Services Property Tax Savings Plan

(55 ILCS 5/6-35005 new)

Sec. 6-35005. Definitions. As used in this Act:

"Chief executive officer" means the county executive or chief executive officer of a county or, if none, the chairperson of the county board or board of county commissioners.

"County board" means a county board or board of county commissioners.

"Governmental unit" means a unit of local government or school district.

"Plan" means the countywide shared services property tax savings plan.

(55 ILCS 5/6-35010 new)

Sec. 6-35010. Shared services panel.

(a) A shared services panel is created in each county consisting of the chief executive officer of the county, who shall serve as chair, and one representative from each municipality and township in the county. The mayor or president of each municipality and the supervisor of each township shall be the representative to the shared services panel. A municipality with a population greater than 1,000,000 is not required to participate but may participate upon approval of its city council.

(b) The chief executive officer of the county may invite any other governmental units in the county to participate in the shared services panel. Upon such invitation, the governing body of the governmental unit may accept the invitation by selecting a representative of the governing body, by majority vote, to serve as a member of the shared services panel.

(c) In the development of the countywide shared services property tax savings plan under Section 6-35015, the chief executive officer of the county shall regularly consult with, and take recommendations from, the members of the shared services panel and from the representative of each collective bargaining unit of the county and the governmental units.

(55 ILCS 5/6-35015 new)

Sec. 6-35015. Countywide shared services property tax savings plan; approval.

(a) The chief executive officer of each county shall prepare a countywide shared services property tax savings plan for shared, coordinated, and efficient services among the county and governmental units. The plan shall contain new recurring property tax savings through actions such as, but not limited to: the elimination of duplicative services; shared services, such as joint purchasing, shared highway equipment, shared storage facilities, shared plowing services, and energy and insurance purchasing cooperatives; reduction in back office administrative overhead; and better coordination of services.

(b) The chief executive officer of the county shall submit the plan to the county board no later than September 1, 2021. The plan shall be accompanied by a certification as to the accuracy of the savings contained therein.

The county board shall review and consider the plan submitted to it. The county board, by majority vote, may issue an advisory report making recommendations as deemed necessary no later than October 15, 2021. The chief executive officer may make modifications to the plan based on such recommendations. If modifications are made by the chief executive officer, he or she shall produce an updated certification as to the accuracy of the savings contained therein.

(c) After review by the county board, the shared services panel shall consider the plan, including with public input under Section 6-35020. A majority vote of the panel shall be required for approval of the plan, provided however that each member of the panel may, prior to the panel-wide vote, cause to be removed from the plan the governmental unit represented by the respective member. Written notice of such removal shall be provided to the chief executive officer of the county prior to the panel-wide vote on the plan and the member removing a governmental unit from the plan shall not be allowed to vote on the plan.

(d) If a shared services panel cannot agree on a plan by December 31, 2021, then it shall release to the public a written status report on the proposal, by a majority vote of the panel, including the reason for the delay. The county shall then follow the same procedures of this Section and Section 6-35030 to attempt to produce an approved resubmitted plan by December 31, 2022.

(55 ILCS 5/6-35020 new)

Sec. 6-35020. Public input. Public input, as well as input from civic, business, labor, and community leaders, shall be accepted by the chief executive officer, the county board, and the shared services panel on the proposed countywide shared services property tax savings plan. To facilitate such input, 3 or more public hearings shall be held within the county. All such public hearings shall be conducted prior to the submission of the countywide shared services property tax savings plan to a vote of the shared services panel, and public notice of all such hearings shall be provided as required under the Open Meetings Act. Civic, business, labor, and community leaders, as well as members of the public, shall be permitted to provided public testimony at the hearings.

(55 ILCS 5/6-35025 new)

Sec. 6-35025. Plan summary; plan presentation.

(a) Upon approval of the shared services panel under subsection (c) of Section 6-35015, the chief executive officer of the county shall finalize the plan by creating a summary of the plan under subsection (b). Once the summary is complete, the county clerk shall disseminate the summary to all governmental units whose representatives voted on the plan for placement on the governmental unit's website, if any, including on the county's website.

(b) The plan summary shall contain the following information and shall be substantially in the form set forth below:

(County name) Shared Services Property Tax Savings Plan Summary

(c) The chief executive officer of the county shall conduct a public presentation of the plan no later than March 1, 2022. Public notice of the public presentation shall be provided as required under the Open Meetings Act.

(55 ILCS 5/6-35030 new)

Sec. 6-35030. Failed plan; resubmittal.

(a) If the plan shall fail to obtain the approval of the shared services panel under Section 6-35015, the chief executive officer of the county shall resubmit such plan to the shared services panel, in accordance with the procedures established for first consideration of the plan by the county board outlined by Section 6-35015, no later than September 1, 2022. The county board shall issue any advisory report no later than October 15, 2022.

(b) The shared services panel shall approve the plan resubmitted under this Section no later than December 31, 2022, the chief executive officer of the county shall finalize the resubmitted plan as provided in Section 6-35025. The dates in rows 5 through 11 of the summary the chief executive officer shall create under subsection (b) of Section 6-35025 for the resubmitted plan shall be increased one year.

(55 ILCS 5/6-35035 new)

Sec. 6-35035. Implementation of plan.

(a) Subject to subsection (b), each governmental unit that is part of the plan may implement any portion of the plan that applies to the government unit, including reducing taxes or tax levies as a result of anticipated savings.

(b) Where the implementation of any component of the plan is subject to a public hearing, a mandatory or permissive referendum, consents of the State or other governmental unit, requirements applicable to the making of contracts, or requirements of any other law, then implementation of such component shall be conditioned on compliance with such requirements.

(55 ILCS 5/6-35040 new)

Sec. 6-35040. Home rule. The regulation of countywide shared services property tax savings plans and shared services panels are exclusive powers and functions of the State. A home rule unit may not regulate countywide shared services property tax savings plans. This Division is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 90. The State Mandates Act is amended by adding Section 8.44 as follows:

(30 ILCS 805/8.44 new)

Sec. 8.44. 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 this amendatory Act of the 101st General Assembly.