HB6272 99TH GENERAL ASSEMBLY

LRB099 20540 AWJ 45085 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6272

Introduced 2/11/2016, by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

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 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.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

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 Mosquito Abatement District Act is amended by changing Section 11 as follows:

(70 ILCS 1005/11) (from Ch. 111 1/2, par. 84)

Sec. 11. Cessation of district organization. Any mosquito abatement district organized under the provisions of this Act may be dissolved and discontinued:

(a) upon like petition, hearing and election as is provided in this Act for the organization of such district. If a majority of the votes cast on the question at such election are in favor of such dissolution, the court shall enter an order of record in the court dissolving such district. The trustees of such mosquito abatement district shall immediately proceed to wind up the affairs of such district and shall have the same powers as before dissolution to levy taxes for the purpose of paying the debts, obligations and liabilities of such mosquito abatement district outstanding on the date of such dissolution and the necessary expenses of closing up the affairs of such district. All property of such district shall be sold and in case any excess remains after all liabilities of such district are paid such excess shall be paid to the various common school districts located in such mosquito abatement district ratably in the proportion that the taxable value of all the property in each of the school districts bears to the taxable value of all the property in the mosquito abatement district; or

(b) notwithstanding any other provision of law, if a majority vote of the board of trustees is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county or township in which the district sits, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district.

The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 99th General Assembly.

(Source: P.A. 83-343.)

Section 10. The Sanitary District Act of 1917 is amended by changing Section 31 and by adding Section 30.5 as follows:

(70 ILCS 2405/30.5 new)

Sec. 30.5. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board of trustees is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county or township in which the district sits, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district.

The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 99th General Assembly.

(70 ILCS 2405/31) (from Ch. 42, par. 317m)

Sec. 31. All courts shall take judicial notice of the dissolution or cessation of such sanitary districts.

(Source: P.A. 85-986.)

Section 15. The Sanitary District Act of 1936 is amended by changing Section 36 and by adding Section 35.5 as follows:

(70 ILCS 2805/35.5 new)

Sec. 35.5. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board of trustees is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county or township in which the district sits, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district.

The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 99th General Assembly.

(70 ILCS 2805/36) (from Ch. 42, par. 447)

Sec. 36. All courts shall take judicial notice of the dissolution or cessation of such sanitary districts.

(Source: Laws 1957, p. 349.)

(70 ILCS 3720/2.1 rep.)

Section 20. The Water Commission Act of 1985 is amended by repealing Section 2.1.

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