Full Text of SB0494 98th General Assembly
SB0494sam001 98TH GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 494
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 494 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. Local Government Reduction and Efficiency | 10 | | (55 ILCS 5/5-44005 new) | 11 | | Sec. 5-44005. Findings and purpose. | 12 | | (a) The General Assembly finds: | 13 | | (1) Illinois has more units of local government than
| 14 | | any other state. | 15 | | (2) The large number of units of local government
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| 1 | | results in the inefficient delivery of governmental
| 2 | | services at a higher cost to taxpayers. | 3 | | (3) In a number of cases, units of local government
| 4 | | provide services that are duplicative in nature, as they
| 5 | | are provided by other units of local government. | 6 | | (4) It is in the best interest of taxpayers that more
| 7 | | efficient service delivery structures be established in
| 8 | | order to replace units of local government that are not
| 9 | | financially sustainable. | 10 | | (5) Units of local government managed by
appointed | 11 | | governing boards not directly accountable to the
| 12 | | electorate can encourage a lack of oversight and
| 13 | | complacency that is not in the best interest of taxpayers. | 14 | | (6) Various provisions of Illinois law governing the
| 15 | | dissolution of units of local government are inconsistent
| 16 | | and outdated. | 17 | | (7) The lack of a streamlined method to consolidate
| 18 | | government functions and to dissolve units of local
| 19 | | government results in an unfair tax burden on the citizens
| 20 | | of the State of Illinois residing in those units of local
| 21 | | government and prevents
the expenditure of limited public | 22 | | funds for critical
programs and services. | 23 | | (b) The purpose of this Act is to provide county boards | 24 | | with supplemental authority
regarding the dissolution of units | 25 | | of local government and
the consolidation of governmental | 26 | | functions. |
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| 1 | | (55 ILCS 5/5-44010 new) | 2 | | Sec. 5-44010. Applicability. The powers and authorities | 3 | | provided by this Division 5-44 apply only to counties with a | 4 | | population of more than 900,000 and less than 3,000,000 that | 5 | | are contiguous to a county with a population of more than | 6 | | 3,000,000 and units of local government within such counties. | 7 | | (55 ILCS 5/5-44015 new) | 8 | | Sec. 5-44015. Powers; supplemental. The Sections of this | 9 | | Division 5-44
are intended to be supplemental and in addition | 10 | | to all
other powers and authorities granted to any county | 11 | | board, shall be construed liberally, and shall not be
construed | 12 | | as a limitation of any power or authority
otherwise granted. | 13 | | (55 ILCS 5/5-44020 new) | 14 | | Sec. 5-44020. Definitions. In this Division 5-44: | 15 | | "Governing board" means the individual or individuals who | 16 | | constitute the
corporate authorities of a unit of local | 17 | | government; and | 18 | | "Unit of local government" or "unit" means any unit of | 19 | | local government located entirely within one county, to which | 20 | | the county board chairman or county executive directly appoints | 21 | | a majority of its governing board with the advice and consent | 22 | | of the county board, but shall not include a fire protection | 23 | | district that directly employs any regular full-time employees |
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| 1 | | or a special district organized under the Water Commission Act | 2 | | of 1985. | 3 | | (55 ILCS 5/5-44025 new) | 4 | | Sec. 5-44025. Dissolution of units of local government. | 5 | | (a) A county board may, by ordinance, propose the | 6 | | dissolution of a unit of local government. The ordinance shall | 7 | | detail the purpose and cost savings to be achieved by such | 8 | | dissolution, and be published in a newspaper of general | 9 | | circulation served by the unit of local
government and on the | 10 | | county's website, if applicable. | 11 | | (b) Upon the effective date of an ordinance enacted | 12 | | pursuant to subsection (a) of this Section, the chairman of the | 13 | | county board shall cause an audit of all claims against the | 14 | | unit, all receipts of the unit, the inventory of all real and | 15 | | personal property owned by the unit or under its control or | 16 | | management, and any debts owed by the unit. The chairman may, | 17 | | at his or her discretion, undertake any other
audit or | 18 | | financial review of the affairs of the unit. The
person or | 19 | | entity conducting such audit shall report the
findings of the | 20 | | audit to the county board and to the chairman of the
county | 21 | | board within 30 days. | 22 | | (c) Following the return of the audit report required by | 23 | | subsection (b) of this Section, the county board may adopt an | 24 | | ordinance dissolving the unit 150 days following the effective | 25 | | date of the ordinance. Upon adoption of the ordinance, but |
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| 1 | | prior to its effective date, the chairman of the county board | 2 | | shall petition the circuit court for an order designating a | 3 | | trustee-in-dissolution for the unit, immediately terminating | 4 | | the terms of the members of the governing board of the unit of | 5 | | local government on the effective date of the ordinance, and | 6 | | providing for the compensation of the trustee, which shall be | 7 | | paid from the corporate funds of the unit. | 8 | | (d) Upon the effective date of an ordinance enacted under | 9 | | subsection (c) of this Section, and notwithstanding any other | 10 | | provision of law, the State's attorney, or his or her designee, | 11 | | shall become the exclusive legal representative of the | 12 | | dissolving unit of local government. The county treasurer shall | 13 | | become the treasurer of the unit of local government and the | 14 | | county clerk shall become the secretary of the unit of local | 15 | | government. | 16 | | (55 ILCS 5/5-44030 new) | 17 | | Sec. 5-44030. Trustee-in-dissolution; powers and duties. | 18 | | The trustee-in-dissolution shall have the following powers and | 19 | | duties: | 20 | | (a) to execute all of the powers and duties of the previous | 21 | | board; | 22 | | (b) to levy and rebate taxes, subject to the approval of | 23 | | the county board, for the purpose of paying the debts, | 24 | | obligations, and liabilities of the unit that are outstanding | 25 | | on the date of the dissolution and the necessary expenses of |
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| 1 | | closing up the affairs of the district if these funds are not | 2 | | available from the unit of local government's general fund; | 3 | | (c) to present, within 30 days of his or her appointment, a | 4 | | plan for the consolidation and dissolution of the unit of local | 5 | | government to the county board for its approval. The plan shall | 6 | | identify what functions, if any, of the unit of local | 7 | | government shall be undertaken by the county upon dissolution | 8 | | and whether any taxes previously levied for the provision of | 9 | | these functions shall be maintained; | 10 | | (d) to enter into an intergovernmental agreement with one | 11 | | or more governmental entities to utilize existing resources | 12 | | including, but not limited to, labor, materials, and property, | 13 | | as may be needed to carry out the foregoing duties; | 14 | | (e) to enter into an intergovernmental agreement with the | 15 | | county to combine or transfer any of the powers, privileges, | 16 | | functions, or authority of the unit of local government to the | 17 | | county as may be required to facilitate the transition; and | 18 | | (f) to sell the property of the unit and, in case any | 19 | | excess remains after all liabilities of the unit are paid, the | 20 | | excess shall be transferred to a special fund created and | 21 | | maintained by the county treasurer to be expended solely to | 22 | | defer the costs incurred by the county in performing the duties | 23 | | of the unit, subject to the requirements of Section 5-44035 of | 24 | | this Division. Nothing in this Section shall prohibit the | 25 | | county from acquiring any or all real or personal property of | 26 | | the district. |
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| 1 | | (55 ILCS 5/5-44035 new) | 2 | | Sec. 5-44035. Outstanding indebtedness. | 3 | | (a) In case any unit
dissolved pursuant to this Division | 4 | | has bonds or notes
outstanding that are a lien on funds | 5 | | available in the
treasury at the time of consolidation, such | 6 | | lien shall be
unimpaired by such dissolution and the lien shall | 7 | | continue
in favor of the bond or note holders. The funds | 8 | | available
subject to such a lien shall be set apart and held | 9 | | for the
purpose of retiring such secured debt and no such funds
| 10 | | shall be transferred into the general funds of the county. | 11 | | (b) In case any unit dissolved pursuant to this Division
| 12 | | has unsecured debts outstanding at the time of dissolution,
any | 13 | | funds in the treasury of such unit or otherwise
available and | 14 | | not committed shall, to the extent necessary,
be applied to the | 15 | | payment of such debts. | 16 | | (c) All property in the territory served by the dissolved | 17 | | unit of government shall be subject to taxation to pay the | 18 | | debts, bonds, and obligations of the dissolved district. The | 19 | | county board shall abate this taxation upon the discharge of | 20 | | all outstanding obligations. | 21 | | (55 ILCS 5/5-44040 new) | 22 | | Sec. 5-44040. Effect of dissolution. Immediately upon the | 23 | | dissolution of a unit of local government pursuant to this | 24 | | Division: |
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| 1 | | (a) Notwithstanding the provisions of the Special Service | 2 | | Area Tax Law of the Property Tax Code that pertain to the | 3 | | establishment of special service areas, all or part of the | 4 | | territory formerly served by the dissolved unit of local | 5 | | government may be established as a special service area or | 6 | | areas of the county if the county board by resolution | 7 | | determines that this designation is necessary for it to provide | 8 | | services. The special service area, if created, shall include | 9 | | all territory formerly served by the dissolved unit of local | 10 | | government if the dissolved unit has outstanding indebtedness. | 11 | | If the boundaries of a special service area created under this | 12 | | subsection include territory within a municipality, the | 13 | | corporate authorities of that municipality may, with the | 14 | | consent of the county, assume responsibility for the special | 15 | | service area and become its governing body. | 16 | | (b) In addition to any other powers provided by law, the | 17 | | governing body of a special service area created pursuant to | 18 | | this subsection shall assume and is authorized to exercise all | 19 | | the powers and duties of the dissolved unit with respect to the | 20 | | special service area. The governing body is also authorized to | 21 | | continue to levy any tax previously imposed by the unit of | 22 | | local government within the special service area. | 23 | | (c) Subsequent increases of the current tax levy within the | 24 | | special service area or areas shall be made in accordance with | 25 | | the provisions of the Special Service Area Tax Law of the | 26 | | Property Tax Code. |
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| 1 | | (55 ILCS 5/5-44045 new) | 2 | | Sec. 5-44045. Abatement of levy. Whenever a county has
| 3 | | dissolved a unit of local government pursuant to this Division,
| 4 | | the county or municipality shall, within 6 months of the | 5 | | effective date of the
dissolution and every year thereafter, | 6 | | evaluate the need to
continue any existing tax levy until the | 7 | | county or municipality abates the levy in the manner set forth | 8 | | by the Special Service Area Tax Law of the Property Tax Code. | 9 | | (55 ILCS 5/5-44050 new) | 10 | | Sec. 5-44050. Tax collection and enforcement. The | 11 | | dissolution of a unit of
government pursuant to this Division | 12 | | shall not adversely affect
proceedings for the collection or | 13 | | enforcement of any tax.
Those proceedings shall continue to | 14 | | finality as
though no dissolution had taken place. The proceeds | 15 | | thereof
shall be paid over to the treasurer of the county to be
| 16 | | used for the purpose for which the tax was levied
or assessed. | 17 | | Proceedings to collect and enforce such taxes
may be instituted | 18 | | and carried on in the name of the unit. | 19 | | (55 ILCS 5/5-44055 new) | 20 | | Sec. 5-44055. Litigation. All suits pending in any court
on | 21 | | behalf of or against a unit dissolved pursuant to this
Division | 22 | | may be prosecuted or defended in the name of the
county by the | 23 | | state's attorney. All judgments obtained for
a unit dissolved |
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| 1 | | pursuant to this Division shall be collected and enforced by | 2 | | the
county for its benefit.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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