SB0173sam001 97TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/8/2011

09700SB0173sam001 LRB097 04015 KMW 54110 a

AMENDMENT TO SENATE BILL 173

AMENDMENT NO. ______. Amend Senate Bill 173 by inserting immediately above the enacting clause the following:

"WHEREAS, According to the United States Census Bureau, Illinois had 6,994 units of local government in 2007, the most units of local government of any state in the country; and

WHEREAS, Multiple layers of units of local government can be inefficient and lead to a duplication of services; and

WHEREAS, Most units of local government have the power to levy ad valorem property taxes; and

WHEREAS, The power of units of local government to levy taxes can lead to an increased property tax burden for Illinois citizens; therefore,"; and

by replacing everything after the enacting clause with the following:

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

Section 5. Definitions. As used in this Act:

"Commission" means the Local Government Consolidation Commission created by this Act.

"Unit of local government" means a unit of local government as defined in Section 1 of Article VII of the Illinois Constitution. The term does not include a school district or community college district.

Section 10. Commission; creation; members. There is created a Local Government Consolidation Commission, to consist of 8 members, 2 members appointed by the President of the Senate, 2 members appointed by the Minority Leader of the Senate, 2 members appointed by the Speaker of the House of Representatives, and 2 members appointed by the Minority Leader of the House of Representatives. No member may be a local government official.

Section 15. Meetings; officers. The members of the Commission shall meet and the Commission shall be organized within 30 days after the effective date of this Act, and shall at that time elect a chair from among the members.

Section 20. Compensation; expenses. The members of the Commission shall serve without compensation, but may be reimbursed for necessary traveling expenses incurred in the performance of their official duties.

Section 25. Administrative support. The Commission shall receive administrative and other support from the Legislative Reference Bureau.

Section 30. Recommended list.

(a) The Commission shall create a recommended list of units of local government to be abolished or consolidated and shall determine, upon a vote requiring at least 5 affirmative votes, the units of local government to be included on the recommended list. The recommended list may include the consolidation or elimination of a specific type of unit of local government or a specific unit of local government designated by name and the county in which it is located.

In determining the units of local government to be abolished or consolidated and any other matter under subsection (b) or (c) the Commission must consider the following:

(1) The provisions of the Illinois Constitution and State law governing the establishment, organization, jurisdiction, and functions of units of local government.

(2) The costs and benefits to the State and other units of local government.

(3) The elimination of inefficiencies, duplicate administrative services, and costs to the State and other units of local government.

(4) The interests and welfare of the public.

(b) For each unit of local government included on the recommended list, the Commission must:

(1) Set forth whether the unit of local government is to be abolished or consolidated.

(2) Provide for the transfer of all assets and liabilities of the unit of local government.

(3) Provide for the transfer or other disposition of personnel records, documents, books, and other property, both real and personal, of the unit of local government.

(4) Set forth all acts of the General Assembly affected by the abolishing or consolidating of the unit of local government.

(c) For each specific type of unit of local government included on the recommended list, the Commission must:

(1) Set forth whether the type of unit of local government is to be abolished or consolidated.

(2) List all of the units of local government, by name and the county in which the unit of local government is located, that will be abolished or consolidated as a result of abolishing or consolidating that type of unit of local government.

(3) Provide for the transfer of all assets and liabilities of the affected units of local government.

(4) Provide for the transfer or other disposition of personnel records, documents, books, and other property, both real and personal, of the affected units of local government.

(5) Set forth all acts of the General Assembly affected by the abolishing or consolidating of that type of unit of local government.

(d) The Commission must conduct at least 3 public hearings before creating the recommended list and at least 3 public hearings after creating, but before submitting, the recommended list to the General Assembly. At the public hearings, the Commission shall allow interested persons to present their views and comments. The Commission may adopt reasonable rules for the conduct of the public hearings.

(e) The Commission shall file the recommended list with the General Assembly by no later than April 1, 2012. If the recommended list abolishes or consolidates a unit of local government, then the unit of local government shall be abolished or consolidated one year after the time period for disapproval, as provided in Section 35, has expired.

Section 35. Disapproval of recommended list.

(a) If the Commission fails to submit a recommended list to the General Assembly or the General Assembly disapproves the list as provided in subsection (b), then no changes shall be made under this Act to any unit of local government.

(b) The General Assembly may disapprove the list of the Commission in whole, but may not disapprove of specific types of units of local government or specifically named units of local government on the list, within 60 calendar days after each chamber next convenes after the list is submitted to the General Assembly, by adoption of a resolution by a record vote of the majority of the members elected in each house directed to the Commission. The resolution shall be binding on the Commission.

Section 40. Revisory bill. If the recommended list is not disapproved within the time period for disapproval as set forth in Section 35, then the Legislative Reference Bureau shall prepare for introduction no later than in the first annual session of the General Assembly next occurring after the recommended list takes effect a revisory bill effecting the changes in the statutes as may be necessary to conform the statutes to the changes in law made by the recommended list.

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