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Public Act 100-1113 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-44025 as follows: | ||||
(55 ILCS 5/5-44025) | ||||
Sec. 5-44025. Dissolution of units of local government. | ||||
(a) A county board may, by ordinance, propose the | ||||
dissolution of a unit of local government. The ordinance shall | ||||
detail the purpose and cost savings to be achieved by such | ||||
dissolution, and be published in a newspaper of general | ||||
circulation served by the unit of local
government and on the | ||||
county's website, if applicable. | ||||
(b) Upon the effective date of an ordinance enacted | ||||
pursuant to subsection (a) of this Section, the chairman of the | ||||
county board shall cause an audit of all claims against the | ||||
unit, all receipts of the unit, the inventory of all real and | ||||
personal property owned by the unit or under its control or | ||||
management, and any debts owed by the unit. The chairman may, | ||||
at his or her discretion, undertake any other
audit or | ||||
financial review of the affairs of the unit. The
person or | ||||
entity conducting such audit shall report the
findings of the | ||||
audit to the county board and to the chairman of the
county |
board within 30 days or as soon thereafter as is practicable . | ||
(c) Following the return of the audit report required by | ||
subsection (b) of this Section, the county board may adopt an | ||
ordinance authorizing the dissolution of dissolving the unit | ||
not less than 60 150 days following the court's appointment of | ||
a trustee-in-dissolution as provided in this Division | ||
effective date of the ordinance . Upon adoption of the | ||
ordinance, but not before the end of the 30-day period set | ||
forth in subsection (e) of this Section and prior to its | ||
effective date, the chairman of the county board shall petition | ||
the circuit court for an order designating a | ||
trustee-in-dissolution for the unit, immediately terminating | ||
the terms of the members of the governing board of the unit of | ||
local government on the effective date of the ordinance , and | ||
providing for the compensation of the trustee, which shall be | ||
paid from the corporate funds of the unit. | ||
(d) Upon the court's appointment of a | ||
trustee-in-dissolution effective date of an ordinance enacted | ||
under subsection (c) of this Section , and notwithstanding any | ||
other provision of law, the State's attorney, or his or her | ||
designee, shall become the exclusive legal representative of | ||
the dissolving unit of local government. The county treasurer | ||
shall become the treasurer of the unit of local government and | ||
the county clerk shall become the secretary of the unit of | ||
local government. | ||
(e) Any dissolution of a unit of local government proposed |
pursuant to this Act shall be subject to a backdoor referendum. | ||
Upon adoption of In addition to, or as part of, the authorizing | ||
ordinance enacted pursuant to subsection (c) of this Section, | ||
the county shall publish a notice shall be published that | ||
includes: (1) the specific number of voters required to sign a | ||
petition requesting that the question of dissolution be | ||
submitted to referendum; (2) the time when such petition must | ||
be filed; (3) the date of the prospective referendum; and (4) | ||
the statement of the cost savings and the purpose or basis for | ||
the dissolution as set forth in the authorizing ordinance under | ||
subsection (a) of this Section. The county's election authority | ||
shall provide a petition form to anyone requesting one. If no | ||
petition is filed with the county's election authority within | ||
30 days of publication of the authorizing ordinance and notice, | ||
the chairman of the county board is authorized to proceed | ||
pursuant to subsection (c) of this Section the ordinance shall | ||
become effective . | ||
However, the election authority shall certify the question | ||
for submission at the next election held in accordance with | ||
general election law if a petition: (1) is filed within the | ||
30-day period; (2) is signed by electors numbering either 7.5% | ||
of the registered voters in the governmental unit or 200 | ||
registered voters, whichever is less; and (3) asks that the | ||
question of dissolution be submitted to referendum. | ||
The election authority shall submit the question to voters | ||
residing in the area served by the unit of local government in |
substantially the following form: | ||
Shall the county board be authorized to dissolve [name | ||
of unit of local government]? | ||
The election authority shall record the votes as "Yes" or | ||
"No". | ||
If a majority of the votes cast on the question at such | ||
election are in favor of dissolution of the unit of local | ||
government and provided that notice of the referendum was | ||
provided as set forth in Section 12-5 of the Election Code, the | ||
chairman of the county board is authorized to proceed pursuant | ||
to subsection (c) of this Section.
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(Source: P.A. 98-126, eff. 8-2-13.)
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