Full Text of HB5785 098th General Assembly
HB5785enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 10. The Counties Code is amended by adding Section | 5 | | 5-31022 as follows: | 6 | | (55 ILCS 5/5-31022 new) | 7 | | Sec. 5-31022. Cessation of district organization. | 8 | | Notwithstanding any other provision of law, if a majority vote | 9 | | of the board is in favor of the proposition to annex the | 10 | | district to another district whose boundaries are contiguous, | 11 | | or consolidate the district into a municipality with which the | 12 | | district is coterminous or substantially coterminous, or | 13 | | consolidate the district into the county in which the district | 14 | | sits if the district contains territory within only one county, | 15 | | and if the governing authorities of the governmental unit | 16 | | assuming the functions of the former district agree by | 17 | | resolution to accept the functions (and jurisdiction over the | 18 | | territory, if applicable) of the consolidated or annexed | 19 | | district, then the district shall cease. On the effective date | 20 | | of the annexation or consolidation, all the rights, powers, | 21 | | duties, assets, property, liabilities, indebtedness, | 22 | | obligations, bonding authority, taxing authority, and | 23 | | responsibilities of the district shall vest in and be assumed |
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| 1 | | by the governmental unit assuming the functions of the former | 2 | | district. | 3 | | The employees of the former district shall be transferred | 4 | | to the governmental unit assuming the functions of the former | 5 | | district. The governmental unit assuming the functions of the | 6 | | former district shall exercise the rights and responsibilities | 7 | | of the former district with respect to those employees. The | 8 | | status and rights of the employees of the former district under | 9 | | any applicable contracts or collective bargaining agreements, | 10 | | historical representation rights under the Illinois Public | 11 | | Labor Relations Act, or under any pension, retirement, or | 12 | | annuity plan shall not be affected by this amendatory Act. | 13 | | Section 15. The Cemetery Maintenance District Act is | 14 | | amended by adding Section 13 as follows: | 15 | | (70 ILCS 105/13 new) | 16 | | Sec. 13. Cessation of district organization. | 17 | | Notwithstanding any other provision of law, if a majority vote | 18 | | of the board of trustees is in favor of the proposition to | 19 | | annex the district to another district whose boundaries are | 20 | | contiguous, or consolidate the district into a municipality | 21 | | with which the district is coterminous or substantially | 22 | | coterminous, or consolidate the district into the county in | 23 | | which the district sits, and if the governing authorities of | 24 | | the governmental unit assuming the functions of the former |
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| 1 | | district agree by resolution to accept the functions (and | 2 | | jurisdiction over the territory, if applicable) of the | 3 | | consolidated or annexed district, then the district shall | 4 | | cease. On the effective date of the annexation or | 5 | | consolidation, all the rights, powers, duties, assets, | 6 | | property, liabilities, indebtedness, obligations, bonding | 7 | | authority, taxing authority, and responsibilities of the | 8 | | district shall vest in and be assumed by the governmental unit | 9 | | assuming the functions of the former district. | 10 | | The employees of the former district shall be transferred | 11 | | to the governmental unit assuming the functions of the former | 12 | | district. The governmental unit assuming the functions of the | 13 | | former district shall exercise the rights and responsibilities | 14 | | of the former district with respect to those employees. The | 15 | | status and rights of the employees of the former district under | 16 | | any applicable contracts or collective bargaining agreements, | 17 | | historical representation rights under the Illinois Public | 18 | | Labor Relations Act, or under any pension, retirement, or | 19 | | annuity plan shall not be affected by this amendatory Act. | 20 | | Section 20. The Civic Center Code is amended by adding | 21 | | Section 2-165 as follows: | 22 | | (70 ILCS 200/2-165 new) | 23 | | Sec. 2-165. Cessation of authority organization. | 24 | | (a) Notwithstanding any other provision of law, if a |
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| 1 | | majority vote of the Board is in favor of the proposition to | 2 | | annex the authority to another authority whose boundaries are | 3 | | contiguous, or consolidate the authority into a municipality | 4 | | with which the authority is coterminous or substantially | 5 | | coterminous, or consolidate the authority into the county in | 6 | | which the authority sits, and if the governing authorities of | 7 | | the governmental unit assuming the functions of the former | 8 | | authority agree by resolution to accept the functions (and | 9 | | jurisdiction over the territory, if applicable) of the | 10 | | consolidated or annexed authority, then the authority shall | 11 | | cease. On the effective date of the annexation or | 12 | | consolidation, all the rights, powers, duties, assets, | 13 | | property, liabilities, indebtedness, obligations, bonding | 14 | | authority, taxing authority, and responsibilities of the | 15 | | authority shall vest in and be assumed by the governmental unit | 16 | | assuming the functions of the former authority. | 17 | | The employees of the former authority shall be transferred | 18 | | to the governmental unit assuming the functions of the former | 19 | | authority. The governmental unit assuming the functions of the | 20 | | former authority shall exercise the rights and | 21 | | responsibilities of the former authority with respect to those | 22 | | employees. The status and rights of the employees of the former | 23 | | authority under any applicable contracts or collective | 24 | | bargaining agreements, historical representation rights under | 25 | | the Illinois Public Labor Relations Act, or under any pension, | 26 | | retirement, or annuity plan shall not be affected by this |
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| 1 | | amendatory Act. | 2 | | (b) Notwithstanding the provisions of Section 2-1 of this | 3 | | Code, the provisions of this Section apply to all Civic Center | 4 | | Authorities created under this Code. | 5 | | Section 25. The Public Health District Act is amended by | 6 | | adding Section 26 as follows: | 7 | | (70 ILCS 905/26 new) | 8 | | Sec. 26. Cessation of district organization. | 9 | | Notwithstanding any other provision of law, if a majority vote | 10 | | of the board of health is in favor of the proposition to annex | 11 | | the district to another district whose boundaries are | 12 | | contiguous, or consolidate the district into a municipality | 13 | | with which the district is coterminous or substantially | 14 | | coterminous, or consolidate the district into the county in | 15 | | which the district sits, and if the governing authorities of | 16 | | the governmental unit assuming the functions of the former | 17 | | district agree by resolution to accept the functions (and | 18 | | jurisdiction over the territory, if applicable) of the | 19 | | consolidated or annexed district, then the district shall | 20 | | cease. On the effective date of the annexation or | 21 | | consolidation, all the rights, powers, duties, assets, | 22 | | property, liabilities, indebtedness, obligations, bonding | 23 | | authority, taxing authority, and responsibilities of the | 24 | | district shall vest in and be assumed by the governmental unit |
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| 1 | | assuming the functions of the former district. | 2 | | The employees of the former district shall be transferred | 3 | | to the governmental unit assuming the functions of the former | 4 | | district. The governmental unit assuming the functions of the | 5 | | former district shall exercise the rights and responsibilities | 6 | | of the former district with respect to those employees. The | 7 | | status and rights of the employees of the former district under | 8 | | any applicable contracts or collective bargaining agreements, | 9 | | historical representation rights under the Illinois Public | 10 | | Labor Relations Act, or under any pension, retirement, or | 11 | | annuity plan shall not be affected by this amendatory Act. | 12 | | Section 30. The Tuberculosis Sanitarium District Act is | 13 | | amended by adding Section 5.3a as follows: | 14 | | (70 ILCS 920/5.3a new) | 15 | | Sec. 5.3a. Cessation of district organization. | 16 | | Notwithstanding any other provision of law, if a majority vote | 17 | | of the board of directors is in favor of the proposition to | 18 | | annex the district to another district whose boundaries are | 19 | | contiguous, or consolidate the district into a municipality | 20 | | with which the district is coterminous or substantially | 21 | | coterminous, or consolidate the district into the county in | 22 | | which the district sits, and if the governing authorities of | 23 | | the governmental unit assuming the functions of the former | 24 | | district agree by resolution to accept the functions (and |
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| 1 | | jurisdiction over the territory, if applicable) of the | 2 | | consolidated or annexed district, then the district shall | 3 | | cease. On the effective date of the annexation or | 4 | | consolidation, all the rights, powers, duties, assets, | 5 | | property, liabilities, indebtedness, obligations, bonding | 6 | | authority, taxing authority, and responsibilities of the | 7 | | district shall vest in and be assumed by the governmental unit | 8 | | assuming the functions of the former district. | 9 | | The employees of the former district shall be transferred | 10 | | to the governmental unit assuming the functions of the former | 11 | | district. The governmental unit assuming the functions of the | 12 | | former district shall exercise the rights and responsibilities | 13 | | of the former district with respect to those employees. The | 14 | | status and rights of the employees of the former district under | 15 | | any applicable contracts or collective bargaining agreements, | 16 | | historical representation rights under the Illinois Public | 17 | | Labor Relations Act, or under any pension, retirement, or | 18 | | annuity plan shall not be affected by this amendatory Act. | 19 | | Section 35. The Museum District Act is amended by adding | 20 | | Section 27 as follows: | 21 | | (70 ILCS 1105/27 new) | 22 | | Sec. 27. Cessation of district organization. | 23 | | Notwithstanding any other provision of law, if a majority vote | 24 | | of the board of commissioners is in favor of the proposition to |
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| 1 | | annex the district to another district whose boundaries are | 2 | | contiguous, or consolidate the district into a municipality | 3 | | with which the district is coterminous or substantially | 4 | | coterminous, or consolidate the district into the county in | 5 | | which the district sits, and if the governing authorities of | 6 | | the governmental unit assuming the functions of the former | 7 | | district agree by resolution to accept the functions (and | 8 | | jurisdiction over the territory, if applicable) of the | 9 | | consolidated or annexed district, then the district shall | 10 | | cease. On the effective date of the annexation or | 11 | | consolidation, all the rights, powers, duties, assets, | 12 | | property, liabilities, indebtedness, obligations, bonding | 13 | | authority, taxing authority, and responsibilities of the | 14 | | district shall vest in and be assumed by the governmental unit | 15 | | assuming the functions of the former district. | 16 | | The employees of the former district shall be transferred | 17 | | to the governmental unit assuming the functions of the former | 18 | | district. The governmental unit assuming the functions of the | 19 | | former district shall exercise the rights and responsibilities | 20 | | of the former district with respect to those employees. The | 21 | | status and rights of the employees of the former district under | 22 | | any applicable contracts or collective bargaining agreements, | 23 | | historical representation rights under the Illinois Public | 24 | | Labor Relations Act, or under any pension, retirement, or | 25 | | annuity plan shall not be affected by this amendatory Act. |
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| 1 | | Section 40. The Illinois International Port District Act is | 2 | | amended by adding Section 28 as follows: | 3 | | (70 ILCS 1810/28 new) | 4 | | Sec. 28. Cessation of district organization. | 5 | | Notwithstanding any other provision of law, if a majority vote | 6 | | of the Board is in favor of the proposition to annex the | 7 | | district to another district whose boundaries are contiguous, | 8 | | or consolidate the district into a municipality with which the | 9 | | district is coterminous or substantially coterminous, or | 10 | | consolidate the district into the county in which the district | 11 | | sits, and if the governing authorities of the governmental unit | 12 | | assuming the functions of the former district agree by | 13 | | resolution to accept the functions (and jurisdiction over the | 14 | | territory, if applicable) of the consolidated or annexed | 15 | | district, then the district shall cease. On the effective date | 16 | | of the annexation or consolidation, all the rights, powers, | 17 | | duties, assets, property, liabilities, indebtedness, | 18 | | obligations, bonding authority, taxing authority, and | 19 | | responsibilities of the district shall vest in and be assumed | 20 | | by the governmental unit assuming the functions of the former | 21 | | district. | 22 | | The employees of the former district shall be transferred | 23 | | to the governmental unit assuming the functions of the former | 24 | | district. The governmental unit assuming the functions of the | 25 | | former district shall exercise the rights and responsibilities |
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| 1 | | of the former district with respect to those employees. The | 2 | | status and rights of the employees of the former district under | 3 | | any applicable contracts or collective bargaining agreements, | 4 | | historical representation rights under the Illinois Public | 5 | | Labor Relations Act, or under any pension, retirement, or | 6 | | annuity plan shall not be affected by this amendatory Act. | 7 | | Section 45. The Solid Waste Disposal District Act is | 8 | | amended by adding Section 25 as follows: | 9 | | (70 ILCS 3105/25 new) | 10 | | Sec. 25. Cessation of district organization. | 11 | | Notwithstanding any other provision of law, if a majority vote | 12 | | of the board is in favor of the proposition to annex the | 13 | | district to another district whose boundaries are contiguous, | 14 | | or consolidate the district into a municipality with which the | 15 | | district is coterminous or substantially coterminous, or | 16 | | consolidate the district into the county in which the district | 17 | | sits if the district contains territory within only one county, | 18 | | and if the governing authorities of the governmental unit | 19 | | assuming the functions of the former district agree by | 20 | | resolution to accept the functions (and jurisdiction over the | 21 | | territory, if applicable) of the consolidated or annexed | 22 | | district, then the district shall cease. On the effective date | 23 | | of the annexation or consolidation, all the rights, powers, | 24 | | duties, assets, property, liabilities, indebtedness, |
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| 1 | | obligations, bonding authority, taxing authority, and | 2 | | responsibilities of the district shall vest in and be assumed | 3 | | by the governmental unit assuming the functions of the former | 4 | | district. | 5 | | The employees of the former district shall be transferred | 6 | | to the governmental unit assuming the functions of the former | 7 | | district. The governmental unit assuming the functions of the | 8 | | former district shall exercise the rights and responsibilities | 9 | | of the former district with respect to those employees. The | 10 | | status and rights of the employees of the former district under | 11 | | any applicable contracts or collective bargaining agreements, | 12 | | historical representation rights under the Illinois Public | 13 | | Labor Relations Act, or under any pension, retirement, or | 14 | | annuity plan shall not be affected by this amendatory Act. | 15 | | Section 50. The Street Light District Act is amended by | 16 | | adding Section 11 as follows: | 17 | | (70 ILCS 3305/11 new) | 18 | | Sec. 11. Cessation of district organization. | 19 | | Notwithstanding any other provision of law, if a majority vote | 20 | | of the board of trustees is in favor of the proposition to | 21 | | annex the district to another district whose boundaries are | 22 | | contiguous, or consolidate the district into a municipality | 23 | | with which the district is coterminous or substantially | 24 | | coterminous, or consolidate the district into the county in |
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| 1 | | which the district sits if the district contains territory | 2 | | within only one county, and if the governing authorities of the | 3 | | governmental unit assuming the functions of the former district | 4 | | agree by resolution to accept the functions (and jurisdiction | 5 | | over the territory, if applicable) of the consolidated or | 6 | | annexed district, then the district shall cease. On the | 7 | | effective date of the annexation or consolidation, all the | 8 | | rights, powers, duties, assets, property, liabilities, | 9 | | indebtedness, obligations, bonding authority, taxing | 10 | | authority, and responsibilities of the district shall vest in | 11 | | and be assumed by the governmental unit assuming the functions | 12 | | of the former district. | 13 | | The employees of the former district shall be transferred | 14 | | to the governmental unit assuming the functions of the former | 15 | | district. The governmental unit assuming the functions of the | 16 | | former district shall exercise the rights and responsibilities | 17 | | of the former district with respect to those employees. The | 18 | | status and rights of the employees of the former district under | 19 | | any applicable contracts or collective bargaining agreements, | 20 | | historical representation rights under the Illinois Public | 21 | | Labor Relations Act, or under any pension, retirement, or | 22 | | annuity plan shall not be affected by this amendatory Act. | 23 | | Section 55. The Surface Water Protection District Act is | 24 | | amended by adding Section 25 as follows: |
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| 1 | | (70 ILCS 3405/25 new) | 2 | | Sec. 25. Cessation of district organization. | 3 | | Notwithstanding any other provision of law, if a majority vote | 4 | | of the board of trustees is in favor of the proposition to | 5 | | annex the district to another district whose boundaries are | 6 | | contiguous, or consolidate the district into a municipality | 7 | | with which the district is coterminous or substantially | 8 | | coterminous, or consolidate the district into the county in | 9 | | which the district sits if the district contains territory | 10 | | within only one county, and if the governing authorities of the | 11 | | governmental unit assuming the functions of the former district | 12 | | agree by resolution to accept the functions (and jurisdiction | 13 | | over the territory, if applicable) of the consolidated or | 14 | | annexed district, then the district shall cease. On the | 15 | | effective date of the annexation or consolidation, all the | 16 | | rights, powers, duties, assets, property, liabilities, | 17 | | indebtedness, obligations, bonding authority, taxing | 18 | | authority, and responsibilities of the district shall vest in | 19 | | and be assumed by the governmental unit assuming the functions | 20 | | of the former district. | 21 | | The employees of the former district shall be transferred | 22 | | to the governmental unit assuming the functions of the former | 23 | | district. The governmental unit assuming the functions of the | 24 | | former district shall exercise the rights and responsibilities | 25 | | of the former district with respect to those employees. The | 26 | | status and rights of the employees of the former district under |
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| 1 | | any applicable contracts or collective bargaining agreements, | 2 | | historical representation rights under the Illinois Public | 3 | | Labor Relations Act, or under any pension, retirement, or | 4 | | annuity plan shall not be affected by this amendatory Act. | 5 | | Section 60. The Water Service District Act is amended by | 6 | | adding Section 13 as follows: | 7 | | (70 ILCS 3710/13 new) | 8 | | Sec. 13. Cessation of district organization. | 9 | | Notwithstanding any other provision of law, if a majority vote | 10 | | of the board of trustees is in favor of the proposition to | 11 | | annex the district to another district whose boundaries are | 12 | | contiguous, or consolidate the district into a municipality | 13 | | with which the district is coterminous or substantially | 14 | | coterminous, or consolidate the district into the county in | 15 | | which the district sits if the district contains territory | 16 | | within only one county, and if the governing authorities of the | 17 | | governmental unit assuming the functions of the former district | 18 | | agree by resolution to accept the functions (and jurisdiction | 19 | | over the territory, if applicable) of the consolidated or | 20 | | annexed district, then the district shall cease. On the | 21 | | effective date of the annexation or consolidation, all the | 22 | | rights, powers, duties, assets, property, liabilities, | 23 | | indebtedness, obligations, bonding authority, taxing | 24 | | authority, and responsibilities of the district shall vest in |
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| 1 | | and be assumed by the governmental unit assuming the functions | 2 | | of the former district. | 3 | | The employees of the former district shall be transferred | 4 | | to the governmental unit assuming the functions of the former | 5 | | district. The governmental unit assuming the functions of the | 6 | | former district shall exercise the rights and responsibilities | 7 | | of the former district with respect to those employees. The | 8 | | status and rights of the employees of the former district under | 9 | | any applicable contracts or collective bargaining agreements, | 10 | | historical representation rights under the Illinois Public | 11 | | Labor Relations Act, or under any pension, retirement, or | 12 | | annuity plan shall not be affected by this amendatory Act. | 13 | | Section 65. The Water Authorities Act is amended by adding | 14 | | Section 28 as follows: | 15 | | (70 ILCS 3715/28 new) | 16 | | Sec. 28. Cessation of authority organization. | 17 | | Notwithstanding any other provision of law, if a majority vote | 18 | | of the board of trustees is in favor of the proposition to | 19 | | annex the authority to another authority whose boundaries are | 20 | | contiguous, or consolidate the authority into a municipality | 21 | | with which the authority is coterminous or substantially | 22 | | coterminous, or consolidate the authority into the county in | 23 | | which the authority sits if the authority contains territory | 24 | | within only one county, and if the governing authorities of the |
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| 1 | | governmental unit assuming the functions of the former | 2 | | authority agree by resolution to accept the functions (and | 3 | | jurisdiction over the territory, if applicable) of the | 4 | | consolidated or annexed authority, then the authority shall | 5 | | cease. On the effective date of the annexation or | 6 | | consolidation, all the rights, powers, duties, assets, | 7 | | property, liabilities, indebtedness, obligations, bonding | 8 | | authority, taxing authority, and responsibilities of the | 9 | | authority shall vest in and be assumed by the governmental unit | 10 | | assuming the functions of the former authority. | 11 | | The employees of the former authority shall be transferred | 12 | | to the governmental unit assuming the functions of the former | 13 | | authority. The governmental unit assuming the functions of the | 14 | | former authority shall exercise the rights and | 15 | | responsibilities of the former authority with respect to those | 16 | | employees. The status and rights of the employees of the former | 17 | | authority under any applicable contracts or collective | 18 | | bargaining agreements, historical representation rights under | 19 | | the Illinois Public Labor Relations Act, or under any pension, | 20 | | retirement, or annuity plan shall not be affected by this | 21 | | amendatory Act. | 22 | | Section 70. The Water Commission Act of 1985 is amended by | 23 | | adding Section 2.1 as follows: | 24 | | (70 ILCS 3720/2.1 new) |
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| 1 | | Sec. 2.1. Cessation of commission organization. | 2 | | Notwithstanding any other provision of law, if a majority vote | 3 | | of the water commission is in favor of the proposition to annex | 4 | | the commission to another commission whose boundaries are | 5 | | contiguous, or consolidate the commission into a municipality | 6 | | with which the commission is coterminous or substantially | 7 | | coterminous, or consolidate the commission into the county in | 8 | | which the commission sits, and if the governing authorities of | 9 | | the governmental unit assuming the functions of the former | 10 | | commission agree by resolution to accept the functions (and | 11 | | jurisdiction over the territory, if applicable) of the | 12 | | consolidated or annexed commission, then the commission shall | 13 | | cease. On the effective date of the annexation or | 14 | | consolidation, all the rights, powers, duties, assets, | 15 | | property, liabilities, indebtedness, obligations, bonding | 16 | | authority, taxing authority, and responsibilities of the | 17 | | commission shall vest in and be assumed by the governmental | 18 | | unit assuming the functions of the former commission. | 19 | | The employees of the former commission shall be transferred | 20 | | to the governmental unit assuming the functions of the former | 21 | | commission. The governmental unit assuming the functions of the | 22 | | former commission shall exercise the rights and | 23 | | responsibilities of the former commission with respect to those | 24 | | employees. The status and rights of the employees of the former | 25 | | commission under any applicable contracts or collective | 26 | | bargaining agreements, historical representation rights under |
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| 1 | | the Illinois Public Labor Relations Act, or under any pension, | 2 | | retirement, or annuity plan shall not be affected by this | 3 | | amendatory Act.
| 4 | | Section 999. Effective date. This Act takes effect upon | 5 | | becoming law.
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