Full Text of SB0494 98th General Assembly
SB0494sam003 98TH GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 4/23/2013
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| 1 | | AMENDMENT TO SENATE BILL 494
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 494, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Counties Code is amended by adding Division | 6 | | 5-44 to Article 5 and Sections 5-44005, 5-44010, 5-44015, | 7 | | 5-44020, 5-44025, 5-44030, 5-44035, 5-44040, 5-44045, 5-44050, | 8 | | and 5-44055 as follows: | 9 | | (55 ILCS 5/Div. 5-44 heading new) | 10 | | Division 5-44. 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| 17 | | and outdated.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. Applicability. The powers and authorities | 4 | | provided by this Division 5-44 apply only to counties with a | 5 | | population of more than 900,000 and less than 3,000,000 that | 6 | | are contiguous to a county with a population of more than | 7 | | 3,000,000 and units of local government within such counties. | 8 | | (55 ILCS 5/5-44015 new) | 9 | | Sec. 5-44015. Powers; supplemental. The Sections of this | 10 | | Division 5-44
are intended to be supplemental and in addition | 11 | | to all
other powers and authorities granted to any county | 12 | | board, shall be construed liberally, and shall not be
construed | 13 | | as a limitation of any power or authority
otherwise granted. | 14 | | (55 ILCS 5/5-44020 new) | 15 | | Sec. 5-44020. Definitions. In this Division 5-44: | 16 | | "Fire protection jurisdiction" means a fire protection | 17 | | district, municipal fire department, or service organized | 18 | | under Section 5-1056.1 of the Counties Code, Sections 195 and | 19 | | 200 of the Township Code, Section 10-2.1 of the Illinois | 20 | | Municipal Code, or the Illinois Fire Protection District Act. | 21 | | "Governing board" means the individual or individuals who | 22 | | constitute the
corporate authorities of a unit of local | 23 | | government; and |
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| 1 | | "Unit of local government" or "unit" means any unit of | 2 | | local government located entirely within one county, to which | 3 | | the county board chairman or county executive directly appoints | 4 | | a majority of its governing board with the advice and consent | 5 | | of the county board, but shall not include a fire protection | 6 | | district that directly employs any regular full-time employees | 7 | | or a special district organized under the Water Commission Act | 8 | | of 1985. | 9 | | (55 ILCS 5/5-44025 new) | 10 | | Sec. 5-44025. Dissolution of units of local government. | 11 | | (a) A county board may, by ordinance, propose the | 12 | | dissolution of a unit of local government. The ordinance shall | 13 | | detail the purpose and cost savings to be achieved by such | 14 | | dissolution, and be published in a newspaper of general | 15 | | circulation served by the unit of local
government and on the | 16 | | county's website, if applicable. | 17 | | (b) Upon the effective date of an ordinance enacted | 18 | | pursuant to subsection (a) of this Section, the chairman of the | 19 | | county board shall cause an audit of all claims against the | 20 | | unit, all receipts of the unit, the inventory of all real and | 21 | | personal property owned by the unit or under its control or | 22 | | management, and any debts owed by the unit. The chairman may, | 23 | | at his or her discretion, undertake any other
audit or | 24 | | financial review of the affairs of the unit. The
person or | 25 | | entity conducting such audit shall report the
findings of the |
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| 1 | | audit to the county board and to the chairman of the
county | 2 | | board within 30 days. | 3 | | (c) Following the return of the audit report required by | 4 | | subsection (b) of this Section, the county board may adopt an | 5 | | ordinance dissolving the unit 150 days following the effective | 6 | | date of the ordinance. Upon adoption of the ordinance, but not | 7 | | before the end of the 30 day period set forth in subsection (e) | 8 | | of this Section and prior to its effective date, the chairman | 9 | | of the county board shall petition the circuit court for an | 10 | | order designating a trustee-in-dissolution for the unit, | 11 | | immediately terminating the terms of the members of the | 12 | | governing board of the unit of local government on the | 13 | | effective date of the ordinance, and providing for the | 14 | | compensation of the trustee, which shall be paid from the | 15 | | corporate funds of the unit. | 16 | | (d) Upon the effective date of an ordinance enacted under | 17 | | subsection (c) of this Section, and notwithstanding any other | 18 | | provision of law, the State's attorney, or his or her designee, | 19 | | shall become the exclusive legal representative of the | 20 | | dissolving unit of local government. The county treasurer shall | 21 | | become the treasurer of the unit of local government and the | 22 | | county clerk shall become the secretary of the unit of local | 23 | | government. | 24 | | (e) Any dissolution of a unit of local government proposed | 25 | | pursuant to this Act shall be subject to a backdoor referendum. | 26 | | In addition to, or as part of, the authorizing ordinance |
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| 1 | | enacted pursuant to subsection (c) of this Section, a notice | 2 | | shall be published that includes: (1) the specific number of | 3 | | voters required to sign a petition requesting that the question | 4 | | of dissolution be submitted to referendum; (2) the time when | 5 | | such petition must be filed; (3) the date of the prospective | 6 | | referendum; and (4) the statement of the costs savings and the | 7 | | purpose or basis for the dissolution as set forth in the | 8 | | authorizing ordinance under subsection (a) of this Section. The | 9 | | county's election authority shall provide a petition form to | 10 | | anyone requesting one. If no petition is filed with the | 11 | | county's election authority within 30 days of publication of | 12 | | the authorizing ordinance and notice, the ordinance shall | 13 | | become effective. | 14 | | However, the election authority shall certify the question | 15 | | for submission at the next election held in accordance with | 16 | | general election law if a petition: (1) is filed within the | 17 | | 30-day period; (2) is signed by electors numbering either 7.5% | 18 | | of the registered voters in the governmental unit or 200 | 19 | | registered voters, whichever is less; and (3) asks that the | 20 | | question of dissolution be submitted to referendum. | 21 | | The election authority shall submit the question to voters | 22 | | residing in the area served by the unit of local government in | 23 | | substantially the following form: | 24 | | Shall the county board be authorized to dissolve [name | 25 | | of unit of local government]? | 26 | | The election authority shall record the votes as "Yes" or |
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| 1 | | "No". | 2 | | If a majority of the votes cast on the question at such | 3 | | election are in favor of dissolution of the unit of local | 4 | | government and provided that notice of the referendum was | 5 | | provided as set forth in Section 12-5 of the Election Code, the | 6 | | county board is authorized to proceed pursuant to subsection | 7 | | (c) of this Section. | 8 | | (55 ILCS 5/5-44030 new) | 9 | | Sec. 5-44030. Trustee-in-dissolution; powers and duties. | 10 | | (a) The trustee-in-dissolution shall have the following | 11 | | powers and duties: | 12 | | (1) to execute all of the powers and duties of the | 13 | | previous board; | 14 | | (2) to levy and rebate taxes, subject to the approval | 15 | | of the county board, for the purpose of paying the debts, | 16 | | obligations, and liabilities of the unit that are | 17 | | outstanding on the date of the dissolution and the | 18 | | necessary expenses of closing up the affairs of the | 19 | | district if these funds are not available from the unit of | 20 | | local government's general fund; | 21 | | (3) to present, within 30 days of his or her | 22 | | appointment, a plan for the consolidation and dissolution | 23 | | of the unit of local government to the county board for its | 24 | | approval. The plan shall identify what functions, if any, | 25 | | of the unit of local government shall be undertaken by the |
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| 1 | | county upon dissolution and whether any taxes previously | 2 | | levied for the provision of these functions shall be | 3 | | maintained; | 4 | | (4) to enter into an intergovernmental agreement with | 5 | | one or more governmental entities to utilize existing | 6 | | resources including, but not limited to, labor, materials, | 7 | | and property, as may be needed to carry out the foregoing | 8 | | duties; | 9 | | (5) to enter into an intergovernmental agreement with | 10 | | the county to combine or transfer any of the powers, | 11 | | privileges, functions, or authority of the unit of local | 12 | | government to the county as may be required to facilitate | 13 | | the transition; and | 14 | | (6) to sell the property of the unit and, in case any | 15 | | excess remains after all liabilities of the unit are paid, | 16 | | the excess shall be transferred to a special fund created | 17 | | and maintained by the county treasurer to be expended | 18 | | solely to defer the costs incurred by the county in | 19 | | performing the duties of the unit, subject to the | 20 | | requirements of Section 5-44035 of this Division. Nothing | 21 | | in this Section shall prohibit the county from acquiring | 22 | | any or all real or personal property of the district. | 23 | | (b) For fire protection jurisdictions, the | 24 | | trustee-in-dissolution shall not have: | 25 | | (1) the powers enumerated in this Section unless the | 26 | | dissolution of that unit of local government shall not |
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| 1 | | increase the average response times nor decrease the level | 2 | | of services provided; and | 3 | | (2) the power to decrease the levy that is in effect on | 4 | | or before the date of dissolution of the fire protection | 5 | | jurisdiction that affects the provision of fire and | 6 | | emergency medical services. | 7 | | (55 ILCS 5/5-44035 new) | 8 | | Sec. 5-44035. Outstanding indebtedness. | 9 | | (a) In case any unit
dissolved pursuant to this Division | 10 | | has bonds or notes
outstanding that are a lien on funds | 11 | | available in the
treasury at the time of consolidation, such | 12 | | lien shall be
unimpaired by such dissolution and the lien shall | 13 | | continue
in favor of the bond or note holders. The funds | 14 | | available
subject to such a lien shall be set apart and held | 15 | | for the
purpose of retiring such secured debt and no such funds
| 16 | | shall be transferred into the general funds of the county. | 17 | | (b) In case any unit dissolved pursuant to this Division
| 18 | | has unsecured debts outstanding at the time of dissolution,
any | 19 | | funds in the treasury of such unit or otherwise
available and | 20 | | not committed shall, to the extent necessary,
be applied to the | 21 | | payment of such debts. | 22 | | (c) All property in the territory served by the dissolved | 23 | | unit of government shall be subject to taxation to pay the | 24 | | debts, bonds, and obligations of the dissolved district. The | 25 | | county board shall abate this taxation upon the discharge of |
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| 1 | | all outstanding obligations. | 2 | | (55 ILCS 5/5-44040 new) | 3 | | Sec. 5-44040. Effect of dissolution. Immediately upon the | 4 | | dissolution of a unit of local government pursuant to this | 5 | | Division: | 6 | | (a) Notwithstanding the provisions of the Special Service | 7 | | Area Tax Law of the Property Tax Code that pertain to the | 8 | | establishment of special service areas, all or part of the | 9 | | territory formerly served by the dissolved unit of local | 10 | | government may be established as a special service area or | 11 | | areas of the county if the county board by resolution | 12 | | determines that this designation is necessary for it to provide | 13 | | services. The special service area, if created, shall include | 14 | | all territory formerly served by the dissolved unit of local | 15 | | government if the dissolved unit has outstanding indebtedness. | 16 | | If the boundaries of a special service area created under this | 17 | | subsection include territory within a municipality, the | 18 | | corporate authorities of that municipality may, with the | 19 | | consent of the county, assume responsibility for the special | 20 | | service area and become its governing body. | 21 | | All or part of the territory formerly served by a dissolved | 22 | | fire protection jurisdiction shall not be established as a | 23 | | special service area unless the creation of the special service | 24 | | area does not increase the average response times nor decrease | 25 | | the level of service provided. |
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| 1 | | (b) In addition to any other powers provided by law, the | 2 | | governing body of a special service area created pursuant to | 3 | | this subsection shall assume and is authorized to exercise all | 4 | | the powers and duties of the dissolved unit with respect to the | 5 | | special service area. The governing body is also authorized to | 6 | | continue to levy any tax previously imposed by the unit of | 7 | | local government within the special service area. However, the | 8 | | governing board shall not have the power to decrease the levy | 9 | | that is in effect on or before the date of dissolution of the | 10 | | fire protection jurisdiction that affects the provision of fire | 11 | | and emergency medical services. | 12 | | (c) Subsequent increases of the current tax levy within the | 13 | | special service area or areas shall be made in accordance with | 14 | | the provisions of the Special Service Area Tax Law of the | 15 | | Property Tax Code. | 16 | | (55 ILCS 5/5-44045 new) | 17 | | Sec. 5-44045. Abatement of levy. Whenever a county has
| 18 | | dissolved a unit of local government pursuant to this Division,
| 19 | | the county or municipality shall, within 6 months of the | 20 | | effective date of the
dissolution and every year thereafter, | 21 | | evaluate the need to
continue any existing tax levy until the | 22 | | county or municipality abates the levy in the manner set forth | 23 | | by the Special Service Area Tax Law of the Property Tax Code. | 24 | | (55 ILCS 5/5-44050 new) |
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| 1 | | Sec. 5-44050. Tax collection and enforcement. The | 2 | | dissolution of a unit of
government pursuant to this Division | 3 | | shall not adversely affect
proceedings for the collection or | 4 | | enforcement of any tax.
Those proceedings shall continue to | 5 | | finality as
though no dissolution had taken place. The proceeds | 6 | | thereof
shall be paid over to the treasurer of the county to be
| 7 | | used for the purpose for which the tax was levied
or assessed. | 8 | | Proceedings to collect and enforce such taxes
may be instituted | 9 | | and carried on in the name of the unit. | 10 | | (55 ILCS 5/5-44055 new) | 11 | | Sec. 5-44055. Litigation. All suits pending in any court
on | 12 | | behalf of or against a unit dissolved pursuant to this
Division | 13 | | may be prosecuted or defended in the name of the
county by the | 14 | | state's attorney. All judgments obtained for
a unit dissolved | 15 | | pursuant to this Division shall be collected and enforced by | 16 | | the
county for its benefit.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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