Full Text of HB0439 98th General Assembly
HB0439ham001 98TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 3/15/2013
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| 1 | | AMENDMENT TO HOUSE BILL 439
| 2 | | AMENDMENT NO. ______. Amend House Bill 439 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by adding the | 5 | | Division 5-44 to Article 5 and Sections 5-44005, 5-44010, | 6 | | 5-44015, 5-44020, 5-44025, 5-44030, 5-44035, 5-44040, 5-44045, | 7 | | 5-44050, and 5-44055 as follows: | 8 | | (55 ILCS 5/Div. 5-44 heading new) | 9 | | Division 5-44. | 10 | | Local Government Reduction and Efficiency | 11 | | (55 ILCS 5/5-44005 new) | 12 | | Sec. 5-44005. Findings and purpose. | 13 | | (a) The General Assembly finds: | 14 | | (1) Illinois has more units of local government than
| 15 | | any other state. |
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| 1 | | (2) The large number of units of local government
| 2 | | results in the inefficient delivery of governmental
| 3 | | services at a higher cost to taxpayers. | 4 | | (3) In a number of cases, units of local government
| 5 | | provide services that are duplicative in nature, as they
| 6 | | are provided by other units of local government. | 7 | | (4) It is in the best interest of taxpayers that more
| 8 | | efficient service delivery structures be established in
| 9 | | order to replace units of local government that are not
| 10 | | financially sustainable. | 11 | | (5) Units of local government managed by
appointed | 12 | | governing boards not directly accountable to the
| 13 | | electorate can encourage a lack of oversight and
| 14 | | complacency that is not in the best interest of taxpayers. | 15 | | (6) Various provisions of Illinois law governing the
| 16 | | dissolution of units of local government are inconsistent
| 17 | | and outdated. | 18 | | (7) The lack of a streamlined method to consolidate
| 19 | | government functions and to dissolve units of local
| 20 | | government results in an unfair tax burden on the citizens
| 21 | | of the State of Illinois residing in those units of local
| 22 | | government and prevents
the expenditure of limited public | 23 | | funds for critical
programs and services. | 24 | | (b) The purpose of this Act is to provide county boards | 25 | | with supplemental authority
regarding the dissolution of units | 26 | | of local government and
the consolidation of governmental |
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| 1 | | functions. | 2 | | (55 ILCS 5/5-44010 new) | 3 | | Sec. 5-44010. Powers; supplemental. The provisions of this | 4 | | Division are intended to be supplemental and in addition to all | 5 | | other powers or authorities granted to any governmental unit, | 6 | | shall be construed liberally, and shall not be construed as a | 7 | | limitation of any power or authority otherwise granted. | 8 | | (55 ILCS 5/5-44015 new) | 9 | | Sec. 5-44015. Applicability. This Division applies only to | 10 | | counties with a population of more than 900,000 and less than | 11 | | 3,000,000 that are contiguous to a county with a population of | 12 | | more than 3,000,000 and units of local government within these | 13 | | counties. | 14 | | (55 ILCS 5/5-44020 new) | 15 | | Sec. 5-44020. Definitions. In this Division: | 16 | | "Governing board" means the individual or individuals who | 17 | | constitute the corporate authorities of a unit of local | 18 | | government. | 19 | | "Unit of local government" or "unit" means any unit of | 20 | | local government located entirely within one county, to which | 21 | | the county board chairman or county executive directly appoints | 22 | | a majority of the governing board or appoints a majority of its | 23 | | governing board with the advice and consent of the county |
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| 1 | | board, but shall not include a fire protection district that | 2 | | directly employs more than 3 regular full-time employees. | 3 | | (55 ILCS 5/5-44025 new) | 4 | | Sec. 5-44025. Authority of a county board to dissolve units | 5 | | of local government. | 6 | | (a) A county board may by ordinance propose the dissolution | 7 | | of any unit of local government as defined under Section | 8 | | 5-44020 of this Division. The ordinance shall detail the | 9 | | purpose and cost savings to be achieved by the dissolution and | 10 | | shall be published in a newspaper of general circulation in the | 11 | | area served by the unit of local government and on the county's | 12 | | website, if it has one. | 13 | | (b) Upon the effective date of an ordinance enacted | 14 | | pursuant to subsection (a) of this Section, the chairman of the | 15 | | county board shall cause an audit of (1) all claims against the | 16 | | unit, (2) all receipts of the unit, (3) the inventory of all | 17 | | real and personal property owned by the unit or under its | 18 | | control or management, (4) any debts owed by the unit, and (5) | 19 | | may, in his or her discretion, undertake any other audit or | 20 | | financial review of the affairs of the unit. The person or | 21 | | entity conducting the audit shall report its findings to the | 22 | | county board and to the chairman of the county board within 30 | 23 | | days. | 24 | | (c) Following the return of the audit report required by | 25 | | subsection (b) of this Section, the county board may adopt an |
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| 1 | | ordinance dissolving the unit 120 days following the effective | 2 | | date of the ordinance. Upon adoption of the ordinance, but | 3 | | prior to its effective date, the chairman of the county board | 4 | | shall petition the circuit court for an order designating a | 5 | | trustee-in-dissolution for the unit, immediately terminating | 6 | | the terms of the members of the governing board of the unit of | 7 | | local government on the effective date of the ordinance, and | 8 | | providing for the compensation of the trustee, which shall be | 9 | | paid from the corporate funds of the unit. | 10 | | (d) Upon the effective date of an ordinance enacted under | 11 | | subsection (c) of this Section, and notwithstanding any other | 12 | | provision of law, the State's attorney, or his or her designee, | 13 | | shall become the exclusive legal representative of the | 14 | | dissolved unit of local government. The county treasurer shall | 15 | | become the treasurer of the unit of local government and the | 16 | | county clerk shall become the secretary of the unit of local | 17 | | government. | 18 | | (55 ILCS 5/5-44030 new) | 19 | | Sec. 5-44030. Powers and duties of the | 20 | | trustee-in-dissolution. The trustee-in-dissolution shall have | 21 | | the following powers and duties: | 22 | | (a) execute all of the powers and duties of the previous | 23 | | board; | 24 | | (b) levy and rebate taxes, subject to the approval of the | 25 | | county board, for the purpose of paying the debts, obligations, |
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| 1 | | and liabilities of the unit that are outstanding on the date of | 2 | | the dissolution and the necessary expenses of closing up the | 3 | | affairs of the district if these funds are not available from | 4 | | the unit of local government's general fund; | 5 | | (c) present, within 14 days of his or her appointment, a | 6 | | plan for the consolidation and dissolution of the unit of local | 7 | | government to the county board for its approval. The plan shall | 8 | | identify what functions, if any, of the unit of local | 9 | | government shall be undertaken by the county upon dissolution | 10 | | and whether any taxes previously levied for the provision of | 11 | | these functions shall be maintained; | 12 | | (d) enter into an intergovernmental agreement with one or | 13 | | more governmental entities to utilize existing resources | 14 | | including, but not limited to, labor, materials, and property, | 15 | | as may be needed to carry out the foregoing duties; | 16 | | (e) enter into an intergovernmental agreement with the | 17 | | county to combine or transfer any of the powers, privileges, | 18 | | functions, or authority of the unit of local government to the | 19 | | county as may be required to facilitate the transition; and | 20 | | (f) sell the property of the unit and, in case any excess | 21 | | remains after all liabilities of the unit are paid, the excess | 22 | | shall be transferred to a special fund created and maintained | 23 | | by the county treasurer to be expended solely to defer the | 24 | | costs incurred by the county in performing the duties of the | 25 | | unit, subject to the requirements of Section 5-44035 of this | 26 | | Division. Nothing in this Section shall prohibit the county |
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| 1 | | from acquiring any or all real or personal property of the | 2 | | district. | 3 | | (55 ILCS 5/5-44035 new) | 4 | | Sec. 5-44035. Outstanding indebtedness. | 5 | | (a) In case any unit dissolved pursuant to this Division | 6 | | has bonds or notes outstanding that are a lien on funds on hand | 7 | | in the treasury at the time of consolidation, the lien shall be | 8 | | unimpaired by the dissolution and shall continue in favor of | 9 | | the bond or note holders. The funds on hand subject to a lien | 10 | | shall be set apart and held for the purpose of retiring the | 11 | | secured debt, and no such funds shall be transferred into the | 12 | | general funds of the county. | 13 | | (b) In case any unit dissolved pursuant to this Division | 14 | | has unsecured debts outstanding at the time of dissolution, any | 15 | | funds in the treasury of the unit or otherwise available and | 16 | | not committed shall, to the extent necessary, be applied to the | 17 | | payment of these debts. | 18 | | (c) All property in the territory served by the dissolved | 19 | | unit of government shall be subject to taxation to pay the | 20 | | debts, bonds, and obligations of the dissolved unit. The county | 21 | | board shall abate this taxation upon the discharge of all | 22 | | outstanding obligations. | 23 | | (55 ILCS 5/5-44040 new) | 24 | | Sec. 5-44040. Effect of dissolution. Immediately upon the |
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| 1 | | dissolution of a unit of local government pursuant to this | 2 | | Division: | 3 | | (a) Notwithstanding the provisions of the Special Service | 4 | | Area Tax Law that pertain the establishment of special service | 5 | | areas, all or part of the territory formerly served by the unit | 6 | | of local government may be established as a special service | 7 | | area or areas of the county if the county board determines that | 8 | | this designation is necessary for it to provide services. If | 9 | | the boundaries of a special service area created under Section | 10 | | 5-44035 of this Division include territory within a | 11 | | municipality, the corporate authorities of that municipality | 12 | | may, with the consent of the county, assume responsibility for | 13 | | the special service area and become its governing body. | 14 | | (b) In addition to any other powers provided by law, the | 15 | | governing body of a special service area created pursuant to | 16 | | Section 5-44035 of this Division shall assume and is authorized | 17 | | to exercise all the powers and duties of the dissolved unit | 18 | | with respect to the special service area. The governing body is | 19 | | also authorized to continue to levy any tax previously imposed | 20 | | by the unit of local government within the special service | 21 | | area. | 22 | | (c) Subsequent increases of the current tax levy within the | 23 | | special service area or areas shall be made in accordance with | 24 | | the provisions of the Special Service Area Tax Law. | 25 | | (55 ILCS 5/5-44045 new) |
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| 1 | | Sec. 5-44045. Abatement of levy. Whenever a county has | 2 | | dissolved a unit of local government pursuant to this Division, | 3 | | it shall, within 6 months of the effective date of the | 4 | | dissolution and every year thereafter, evaluate the need to | 5 | | continue any existing tax levy until the county board abates | 6 | | the levy in the manner proscribed by the Special Service Area | 7 | | Law. | 8 | | (55 ILCS 5/5-44050 new) | 9 | | Sec. 5-44050. Tax collection. The dissolution of a unit of | 10 | | government pursuant to this Division shall not adversely affect | 11 | | proceedings for the collection or enforcement of any tax and | 12 | | shall proceed to finality as though no dissolution had taken | 13 | | place. The proceeds thereof shall be paid over to the treasurer | 14 | | of the county to be used for the purpose for which the tax was | 15 | | levied or assessed. Proceedings to collect and enforce these | 16 | | taxes may be instituted and carried on in the name of the unit. | 17 | | (55 ILCS 5/5-44055 new) | 18 | | Sec. 5-44055. Litigation. All suits pending in any court on | 19 | | behalf of or against any unit dissolved pursuant to this | 20 | | Division may be prosecuted or defended in the name of the | 21 | | county by the State's attorney. All judgments obtained for any | 22 | | unit dissolved shall be collected and enforced by the county | 23 | | for its benefit.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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