99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6170

 

Introduced 2/11/2016, by Rep. Ron Sandack

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-31022
70 ILCS 1005/11  from Ch. 111 1/2, par. 84
70 ILCS 2405/30.5 new
70 ILCS 2405/31  from Ch. 42, par. 317m
70 ILCS 2805/35.5 new
70 ILCS 2805/36  from Ch. 42, par. 447
70 ILCS 3720/2.1 rep.

    Amends the Counties Code. Provides that county historical museum districts may be consolidated into a township (currently, only other districts, municipalities, and counties) in which the district sits. Amends the following Acts to provide that, upon a majority vote of the boards of the districts in favor of the proposition to annex or consolidate, and if the governing authorities of the governmental unit assuming the functions of the former entity agree by resolution to accept the functions and jurisdiction over the territory of the consolidated or annexed entity, then that entity shall cease: Mosquito Abatement District Act, the Sanitary District Act of 1917, and the Sanitary District Act of 1936. Provides that on the effective date of the annexation or consolidation, all of the rights, powers, duties, assets, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the entity shall vest in and be assumed by the governmental unit assuming the former entity's functions. Provides that the rights of the employees of the former district is consolidated into the other governmental unit. Deletes reference to a similar Section in the Water Commission Act of 1985. Effective immediately.


LRB099 18722 AWJ 43106 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6170LRB099 18722 AWJ 43106 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-31022 as follows:
 
6    (55 ILCS 5/5-31022)
7    Sec. 5-31022. Cessation of district organization.
8Notwithstanding any other provision of law, if a majority vote
9of the board is in favor of the proposition to annex the
10district to another district whose boundaries are contiguous,
11or consolidate the district into a municipality with which the
12district is coterminous or substantially coterminous, or
13consolidate the district into the county or township in which
14the district sits if the district contains territory within
15only one county or township, and if the governing authorities
16of the governmental unit assuming the functions of the former
17district agree by resolution to accept the functions (and
18jurisdiction over the territory, if applicable) of the
19consolidated or annexed district, then the district shall
20cease. On the effective date of the annexation or
21consolidation, all the rights, powers, duties, assets,
22property, liabilities, indebtedness, obligations, bonding
23authority, taxing authority, and responsibilities of the

 

 

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1district shall vest in and be assumed by the governmental unit
2assuming the functions of the former district.
3    The employees of the former district shall be transferred
4to the governmental unit assuming the functions of the former
5district. The governmental unit assuming the functions of the
6former district shall exercise the rights and responsibilities
7of the former district with respect to those employees. The
8status and rights of the employees of the former district under
9any applicable contracts or collective bargaining agreements,
10historical representation rights under the Illinois Public
11Labor Relations Act, or under any pension, retirement, or
12annuity plan shall not be affected by this amendatory Act.
13(Source: P.A. 98-1002, eff. 8-18-14.)
 
14    Section 10. The Mosquito Abatement District Act is amended
15by changing Section 11 as follows:
 
16    (70 ILCS 1005/11)  (from Ch. 111 1/2, par. 84)
17    Sec. 11. Cessation of district organization. Any mosquito
18abatement district organized under the provisions of this Act
19may be dissolved and discontinued:
20    (a) upon like petition, hearing and election as is provided
21in this Act for the organization of such district. If a
22majority of the votes cast on the question at such election are
23in favor of such dissolution, the court shall enter an order of
24record in the court dissolving such district. The trustees of

 

 

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1such mosquito abatement district shall immediately proceed to
2wind up the affairs of such district and shall have the same
3powers as before dissolution to levy taxes for the purpose of
4paying the debts, obligations and liabilities of such mosquito
5abatement district outstanding on the date of such dissolution
6and the necessary expenses of closing up the affairs of such
7district. All property of such district shall be sold and in
8case any excess remains after all liabilities of such district
9are paid such excess shall be paid to the various common school
10districts located in such mosquito abatement district ratably
11in the proportion that the taxable value of all the property in
12each of the school districts bears to the taxable value of all
13the property in the mosquito abatement district; or
14    (b) notwithstanding any other provision of law, if a
15majority vote of the board of trustees is in favor of the
16proposition to annex the district to another district whose
17boundaries are contiguous, or consolidate the district into a
18municipality with which the district is coterminous or
19substantially coterminous, or consolidate the district into
20the county or township in which the district sits, and if the
21governing authorities of the governmental unit assuming the
22functions of the former district agree by resolution to accept
23the functions (and jurisdiction over the territory, if
24applicable) of the consolidated or annexed district, then the
25district shall cease. On the effective date of the annexation
26or consolidation, all the rights, powers, duties, assets,

 

 

HB6170- 4 -LRB099 18722 AWJ 43106 b

1property, liabilities, indebtedness, obligations, bonding
2authority, taxing authority, and responsibilities of the
3district shall vest in and be assumed by the governmental unit
4assuming the functions of the former district.
5    The employees of the former district shall be transferred
6to the governmental unit assuming the functions of the former
7district. The governmental unit assuming the functions of the
8former district shall exercise the rights and responsibilities
9of the former district with respect to those employees. The
10status and rights of the employees of the former district under
11any applicable contracts or collective bargaining agreements,
12historical representation rights under the Illinois Public
13Labor Relations Act, or under any pension, retirement, or
14annuity plan shall not be affected by this amendatory Act of
15the 99th General Assembly.
16(Source: P.A. 83-343.)
 
17    Section 15. The Sanitary District Act of 1917 is amended by
18changing Section 31 and by adding Section 30.5 as follows:
 
19    (70 ILCS 2405/30.5 new)
20    Sec. 30.5. Cessation of district organization.
21Notwithstanding any other provision of law, if a majority vote
22of the board of trustees is in favor of the proposition to
23annex the district to another district whose boundaries are
24contiguous, or consolidate the district into a municipality

 

 

HB6170- 5 -LRB099 18722 AWJ 43106 b

1with which the district is coterminous or substantially
2coterminous, or consolidate the district into the county or
3township in which the district sits, and if the governing
4authorities of the governmental unit assuming the functions of
5the former district agree by resolution to accept the functions
6(and jurisdiction over the territory, if applicable) of the
7consolidated or annexed district, then the district shall
8cease. On the effective date of the annexation or
9consolidation, all the rights, powers, duties, assets,
10property, liabilities, indebtedness, obligations, bonding
11authority, taxing authority, and responsibilities of the
12district shall vest in and be assumed by the governmental unit
13assuming the functions of the former district.
14    The employees of the former district shall be transferred
15to the governmental unit assuming the functions of the former
16district. The governmental unit assuming the functions of the
17former district shall exercise the rights and responsibilities
18of the former district with respect to those employees. The
19status and rights of the employees of the former district under
20any applicable contracts or collective bargaining agreements,
21historical representation rights under the Illinois Public
22Labor Relations Act, or under any pension, retirement, or
23annuity plan shall not be affected by this amendatory Act of
24the 99th General Assembly.
 
25    (70 ILCS 2405/31)  (from Ch. 42, par. 317m)

 

 

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1    Sec. 31. All courts shall take judicial notice of the
2dissolution or cessation of such sanitary districts.
3(Source: P.A. 85-986.)
 
4    Section 20. The Sanitary District Act of 1936 is amended by
5changing Section 36 and by adding Section 35.5 as follows:
 
6    (70 ILCS 2805/35.5 new)
7    Sec. 35.5. Cessation of district organization.
8Notwithstanding any other provision of law, if a majority vote
9of the board of trustees is in favor of the proposition to
10annex the district to another district whose boundaries are
11contiguous, or consolidate the district into a municipality
12with which the district is coterminous or substantially
13coterminous, or consolidate the district into the county or
14township in which the district sits, and if the governing
15authorities of the governmental unit assuming the functions of
16the former district agree by resolution to accept the functions
17(and jurisdiction over the territory, if applicable) of the
18consolidated or annexed district, then the district shall
19cease. On the effective date of the annexation or
20consolidation, all the rights, powers, duties, assets,
21property, liabilities, indebtedness, obligations, bonding
22authority, taxing authority, and responsibilities of the
23district shall vest in and be assumed by the governmental unit
24assuming the functions of the former district.

 

 

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1    The employees of the former district shall be transferred
2to the governmental unit assuming the functions of the former
3district. The governmental unit assuming the functions of the
4former district shall exercise the rights and responsibilities
5of the former district with respect to those employees. The
6status and rights of the employees of the former district under
7any applicable contracts or collective bargaining agreements,
8historical representation rights under the Illinois Public
9Labor Relations Act, or under any pension, retirement, or
10annuity plan shall not be affected by this amendatory Act of
11the 99th General Assembly.
 
12    (70 ILCS 2805/36)  (from Ch. 42, par. 447)
13    Sec. 36. All courts shall take judicial notice of the
14dissolution or cessation of such sanitary districts.
15(Source: Laws 1957, p. 349.)
 
16    (70 ILCS 3720/2.1 rep.)
17    Section 25. The Water Commission Act of 1985 is amended by
18repealing Section 2.1.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.