Illinois General Assembly - Full Text of HB5785
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Full Text of HB5785  98th General Assembly

HB5785enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB5785 EnrolledLRB098 15006 JLK 49962 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Counties Code is amended by adding Section
55-31022 as follows:
 
6    (55 ILCS 5/5-31022 new)
7    Sec. 5-31022. Cessation of district organization.
8Notwithstanding any other provision of law, if a majority vote
9of the board is in favor of the proposition to annex the
10district to another district whose boundaries are contiguous,
11or consolidate the district into a municipality with which the
12district is coterminous or substantially coterminous, or
13consolidate the district into the county in which the district
14sits if the district contains territory within only one county,
15and if the governing authorities of the governmental unit
16assuming the functions of the former district agree by
17resolution to accept the functions (and jurisdiction over the
18territory, if applicable) of the consolidated or annexed
19district, then the district shall cease. On the effective date
20of the annexation or consolidation, all the rights, powers,
21duties, assets, property, liabilities, indebtedness,
22obligations, bonding authority, taxing authority, and
23responsibilities of the district shall vest in and be assumed

 

 

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1by the governmental unit assuming the functions of the former
2district.
3    The employees of the former district shall be transferred
4to the governmental unit assuming the functions of the former
5district. The governmental unit assuming the functions of the
6former district shall exercise the rights and responsibilities
7of the former district with respect to those employees. The
8status and rights of the employees of the former district under
9any applicable contracts or collective bargaining agreements,
10historical representation rights under the Illinois Public
11Labor Relations Act, or under any pension, retirement, or
12annuity plan shall not be affected by this amendatory Act.
 
13    Section 15. The Cemetery Maintenance District Act is
14amended by adding Section 13 as follows:
 
15    (70 ILCS 105/13 new)
16    Sec. 13. Cessation of district organization.
17Notwithstanding any other provision of law, if a majority vote
18of the board of trustees is in favor of the proposition to
19annex the district to another district whose boundaries are
20contiguous, or consolidate the district into a municipality
21with which the district is coterminous or substantially
22coterminous, or consolidate the district into the county in
23which the district sits, and if the governing authorities of
24the governmental unit assuming the functions of the former

 

 

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1district agree by resolution to accept the functions (and
2jurisdiction over the territory, if applicable) of the
3consolidated or annexed district, then the district shall
4cease. On the effective date of the annexation or
5consolidation, all the rights, powers, duties, assets,
6property, liabilities, indebtedness, obligations, bonding
7authority, taxing authority, and responsibilities of the
8district shall vest in and be assumed by the governmental unit
9assuming the functions of the former district.
10    The employees of the former district shall be transferred
11to the governmental unit assuming the functions of the former
12district. The governmental unit assuming the functions of the
13former district shall exercise the rights and responsibilities
14of the former district with respect to those employees. The
15status and rights of the employees of the former district under
16any applicable contracts or collective bargaining agreements,
17historical representation rights under the Illinois Public
18Labor Relations Act, or under any pension, retirement, or
19annuity plan shall not be affected by this amendatory Act.
 
20    Section 20. The Civic Center Code is amended by adding
21Section 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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1majority vote of the Board is in favor of the proposition to
2annex the authority to another authority whose boundaries are
3contiguous, or consolidate the authority into a municipality
4with which the authority is coterminous or substantially
5coterminous, or consolidate the authority into the county in
6which the authority sits, and if the governing authorities of
7the governmental unit assuming the functions of the former
8authority agree by resolution to accept the functions (and
9jurisdiction over the territory, if applicable) of the
10consolidated or annexed authority, then the authority shall
11cease. On the effective date of the annexation or
12consolidation, all the rights, powers, duties, assets,
13property, liabilities, indebtedness, obligations, bonding
14authority, taxing authority, and responsibilities of the
15authority shall vest in and be assumed by the governmental unit
16assuming the functions of the former authority.
17    The employees of the former authority shall be transferred
18to the governmental unit assuming the functions of the former
19authority. The governmental unit assuming the functions of the
20former authority shall exercise the rights and
21responsibilities of the former authority with respect to those
22employees. The status and rights of the employees of the former
23authority under any applicable contracts or collective
24bargaining agreements, historical representation rights under
25the Illinois Public Labor Relations Act, or under any pension,
26retirement, or annuity plan shall not be affected by this

 

 

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1amendatory Act.
2    (b) Notwithstanding the provisions of Section 2-1 of this
3Code, the provisions of this Section apply to all Civic Center
4Authorities created under this Code.
 
5    Section 25. The Public Health District Act is amended by
6adding Section 26 as follows:
 
7    (70 ILCS 905/26 new)
8    Sec. 26. Cessation of district organization.
9Notwithstanding any other provision of law, if a majority vote
10of the board of health is in favor of the proposition to annex
11the district to another district whose boundaries are
12contiguous, or consolidate the district into a municipality
13with which the district is coterminous or substantially
14coterminous, or consolidate the district into the county in
15which the district sits, and if the governing authorities of
16the governmental unit assuming the functions of the former
17district agree by resolution to accept the functions (and
18jurisdiction over the territory, if applicable) of the
19consolidated or annexed district, then the district shall
20cease. On the effective date of the annexation or
21consolidation, all the rights, powers, duties, assets,
22property, liabilities, indebtedness, obligations, bonding
23authority, taxing authority, and responsibilities of the
24district shall vest in and be assumed by the governmental unit

 

 

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1assuming the functions of the former district.
2    The employees of the former district shall be transferred
3to the governmental unit assuming the functions of the former
4district. The governmental unit assuming the functions of the
5former district shall exercise the rights and responsibilities
6of the former district with respect to those employees. The
7status and rights of the employees of the former district under
8any applicable contracts or collective bargaining agreements,
9historical representation rights under the Illinois Public
10Labor Relations Act, or under any pension, retirement, or
11annuity plan shall not be affected by this amendatory Act.
 
12    Section 30. The Tuberculosis Sanitarium District Act is
13amended by adding Section 5.3a as follows:
 
14    (70 ILCS 920/5.3a new)
15    Sec. 5.3a. Cessation of district organization.
16Notwithstanding any other provision of law, if a majority vote
17of the board of directors is in favor of the proposition to
18annex the district to another district whose boundaries are
19contiguous, or consolidate the district into a municipality
20with which the district is coterminous or substantially
21coterminous, or consolidate the district into the county in
22which the district sits, and if the governing authorities of
23the governmental unit assuming the functions of the former
24district agree by resolution to accept the functions (and

 

 

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1jurisdiction over the territory, if applicable) of the
2consolidated or annexed district, then the district shall
3cease. On the effective date of the annexation or
4consolidation, all the rights, powers, duties, assets,
5property, liabilities, indebtedness, obligations, bonding
6authority, taxing authority, and responsibilities of the
7district shall vest in and be assumed by the governmental unit
8assuming the functions of the former district.
9    The employees of the former district shall be transferred
10to the governmental unit assuming the functions of the former
11district. The governmental unit assuming the functions of the
12former district shall exercise the rights and responsibilities
13of the former district with respect to those employees. The
14status and rights of the employees of the former district under
15any applicable contracts or collective bargaining agreements,
16historical representation rights under the Illinois Public
17Labor Relations Act, or under any pension, retirement, or
18annuity plan shall not be affected by this amendatory Act.
 
19    Section 35. The Museum District Act is amended by adding
20Section 27 as follows:
 
21    (70 ILCS 1105/27 new)
22    Sec. 27. Cessation of district organization.
23Notwithstanding any other provision of law, if a majority vote
24of the board of commissioners is in favor of the proposition to

 

 

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1annex the district to another district whose boundaries are
2contiguous, or consolidate the district into a municipality
3with which the district is coterminous or substantially
4coterminous, or consolidate the district into the county in
5which the district sits, and if the governing authorities of
6the governmental unit assuming the functions of the former
7district agree by resolution to accept the functions (and
8jurisdiction over the territory, if applicable) of the
9consolidated or annexed district, then the district shall
10cease. On the effective date of the annexation or
11consolidation, all the rights, powers, duties, assets,
12property, liabilities, indebtedness, obligations, bonding
13authority, taxing authority, and responsibilities of the
14district shall vest in and be assumed by the governmental unit
15assuming the functions of the former district.
16    The employees of the former district shall be transferred
17to the governmental unit assuming the functions of the former
18district. The governmental unit assuming the functions of the
19former district shall exercise the rights and responsibilities
20of the former district with respect to those employees. The
21status and rights of the employees of the former district under
22any applicable contracts or collective bargaining agreements,
23historical representation rights under the Illinois Public
24Labor Relations Act, or under any pension, retirement, or
25annuity plan shall not be affected by this amendatory Act.
 

 

 

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1    Section 40. The Illinois International Port District Act is
2amended by adding Section 28 as follows:
 
3    (70 ILCS 1810/28 new)
4    Sec. 28. Cessation of district organization.
5Notwithstanding any other provision of law, if a majority vote
6of the Board is in favor of the proposition to annex the
7district to another district whose boundaries are contiguous,
8or consolidate the district into a municipality with which the
9district is coterminous or substantially coterminous, or
10consolidate the district into the county in which the district
11sits, and if the governing authorities of the governmental unit
12assuming the functions of the former district agree by
13resolution to accept the functions (and jurisdiction over the
14territory, if applicable) of the consolidated or annexed
15district, then the district shall cease. On the effective date
16of the annexation or consolidation, all the rights, powers,
17duties, assets, property, liabilities, indebtedness,
18obligations, bonding authority, taxing authority, and
19responsibilities of the district shall vest in and be assumed
20by the governmental unit assuming the functions of the former
21district.
22    The employees of the former district shall be transferred
23to the governmental unit assuming the functions of the former
24district. The governmental unit assuming the functions of the
25former district shall exercise the rights and responsibilities

 

 

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1of the former district with respect to those employees. The
2status and rights of the employees of the former district under
3any applicable contracts or collective bargaining agreements,
4historical representation rights under the Illinois Public
5Labor Relations Act, or under any pension, retirement, or
6annuity plan shall not be affected by this amendatory Act.
 
7    Section 45. The Solid Waste Disposal District Act is
8amended by adding Section 25 as follows:
 
9    (70 ILCS 3105/25 new)
10    Sec. 25. Cessation of district organization.
11Notwithstanding any other provision of law, if a majority vote
12of the board is in favor of the proposition to annex the
13district to another district whose boundaries are contiguous,
14or consolidate the district into a municipality with which the
15district is coterminous or substantially coterminous, or
16consolidate the district into the county in which the district
17sits if the district contains territory within only one county,
18and if the governing authorities of the governmental unit
19assuming the functions of the former district agree by
20resolution to accept the functions (and jurisdiction over the
21territory, if applicable) of the consolidated or annexed
22district, then the district shall cease. On the effective date
23of the annexation or consolidation, all the rights, powers,
24duties, assets, property, liabilities, indebtedness,

 

 

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1obligations, bonding authority, taxing authority, and
2responsibilities of the district shall vest in and be assumed
3by the governmental unit assuming the functions of the former
4district.
5    The employees of the former district shall be transferred
6to the governmental unit assuming the functions of the former
7district. The governmental unit assuming the functions of the
8former district shall exercise the rights and responsibilities
9of the former district with respect to those employees. The
10status and rights of the employees of the former district under
11any applicable contracts or collective bargaining agreements,
12historical representation rights under the Illinois Public
13Labor Relations Act, or under any pension, retirement, or
14annuity plan shall not be affected by this amendatory Act.
 
15    Section 50. The Street Light District Act is amended by
16adding Section 11 as follows:
 
17    (70 ILCS 3305/11 new)
18    Sec. 11. Cessation of district organization.
19Notwithstanding any other provision of law, if a majority vote
20of the board of trustees is in favor of the proposition to
21annex the district to another district whose boundaries are
22contiguous, or consolidate the district into a municipality
23with which the district is coterminous or substantially
24coterminous, or consolidate the district into the county in

 

 

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1which the district sits if the district contains territory
2within only one county, and if the governing authorities of the
3governmental unit assuming the functions of the former district
4agree by resolution to accept the functions (and jurisdiction
5over the territory, if applicable) of the consolidated or
6annexed district, then the district shall cease. On the
7effective date of the annexation or consolidation, all the
8rights, powers, duties, assets, property, liabilities,
9indebtedness, obligations, bonding authority, taxing
10authority, and responsibilities of the district shall vest in
11and be assumed by the governmental unit assuming the functions
12of the former district.
13    The employees of the former district shall be transferred
14to the governmental unit assuming the functions of the former
15district. The governmental unit assuming the functions of the
16former district shall exercise the rights and responsibilities
17of the former district with respect to those employees. The
18status and rights of the employees of the former district under
19any applicable contracts or collective bargaining agreements,
20historical representation rights under the Illinois Public
21Labor Relations Act, or under any pension, retirement, or
22annuity plan shall not be affected by this amendatory Act.
 
23    Section 55. The Surface Water Protection District Act is
24amended by adding Section 25 as follows:
 

 

 

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1    (70 ILCS 3405/25 new)
2    Sec. 25. Cessation of district organization.
3Notwithstanding any other provision of law, if a majority vote
4of the board of trustees is in favor of the proposition to
5annex the district to another district whose boundaries are
6contiguous, or consolidate the district into a municipality
7with which the district is coterminous or substantially
8coterminous, or consolidate the district into the county in
9which the district sits if the district contains territory
10within only one county, and if the governing authorities of the
11governmental unit assuming the functions of the former district
12agree by resolution to accept the functions (and jurisdiction
13over the territory, if applicable) of the consolidated or
14annexed district, then the district shall cease. On the
15effective date of the annexation or consolidation, all the
16rights, powers, duties, assets, property, liabilities,
17indebtedness, obligations, bonding authority, taxing
18authority, and responsibilities of the district shall vest in
19and be assumed by the governmental unit assuming the functions
20of the former district.
21    The employees of the former district shall be transferred
22to the governmental unit assuming the functions of the former
23district. The governmental unit assuming the functions of the
24former district shall exercise the rights and responsibilities
25of the former district with respect to those employees. The
26status and rights of the employees of the former district under

 

 

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1any applicable contracts or collective bargaining agreements,
2historical representation rights under the Illinois Public
3Labor Relations Act, or under any pension, retirement, or
4annuity plan shall not be affected by this amendatory Act.
 
5    Section 60. The Water Service District Act is amended by
6adding Section 13 as follows:
 
7    (70 ILCS 3710/13 new)
8    Sec. 13. Cessation of district organization.
9Notwithstanding any other provision of law, if a majority vote
10of the board of trustees is in favor of the proposition to
11annex the district to another district whose boundaries are
12contiguous, or consolidate the district into a municipality
13with which the district is coterminous or substantially
14coterminous, or consolidate the district into the county in
15which the district sits if the district contains territory
16within only one county, and if the governing authorities of the
17governmental unit assuming the functions of the former district
18agree by resolution to accept the functions (and jurisdiction
19over the territory, if applicable) of the consolidated or
20annexed district, then the district shall cease. On the
21effective date of the annexation or consolidation, all the
22rights, powers, duties, assets, property, liabilities,
23indebtedness, obligations, bonding authority, taxing
24authority, and responsibilities of the district shall vest in

 

 

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1and be assumed by the governmental unit assuming the functions
2of the former district.
3    The employees of the former district shall be transferred
4to the governmental unit assuming the functions of the former
5district. The governmental unit assuming the functions of the
6former district shall exercise the rights and responsibilities
7of the former district with respect to those employees. The
8status and rights of the employees of the former district under
9any applicable contracts or collective bargaining agreements,
10historical representation rights under the Illinois Public
11Labor Relations Act, or under any pension, retirement, or
12annuity plan shall not be affected by this amendatory Act.
 
13    Section 65. The Water Authorities Act is amended by adding
14Section 28 as follows:
 
15    (70 ILCS 3715/28 new)
16    Sec. 28. Cessation of authority organization.
17Notwithstanding any other provision of law, if a majority vote
18of the board of trustees is in favor of the proposition to
19annex the authority to another authority whose boundaries are
20contiguous, or consolidate the authority into a municipality
21with which the authority is coterminous or substantially
22coterminous, or consolidate the authority into the county in
23which the authority sits if the authority contains territory
24within only one county, and if the governing authorities of the

 

 

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1governmental unit assuming the functions of the former
2authority agree by resolution to accept the functions (and
3jurisdiction over the territory, if applicable) of the
4consolidated or annexed authority, then the authority shall
5cease. On the effective date of the annexation or
6consolidation, all the rights, powers, duties, assets,
7property, liabilities, indebtedness, obligations, bonding
8authority, taxing authority, and responsibilities of the
9authority shall vest in and be assumed by the governmental unit
10assuming the functions of the former authority.
11    The employees of the former authority shall be transferred
12to the governmental unit assuming the functions of the former
13authority. The governmental unit assuming the functions of the
14former authority shall exercise the rights and
15responsibilities of the former authority with respect to those
16employees. The status and rights of the employees of the former
17authority under any applicable contracts or collective
18bargaining agreements, historical representation rights under
19the Illinois Public Labor Relations Act, or under any pension,
20retirement, or annuity plan shall not be affected by this
21amendatory Act.
 
22    Section 70. The Water Commission Act of 1985 is amended by
23adding Section 2.1 as follows:
 
24    (70 ILCS 3720/2.1 new)

 

 

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1    Sec. 2.1. Cessation of commission organization.
2Notwithstanding any other provision of law, if a majority vote
3of the water commission is in favor of the proposition to annex
4the commission to another commission whose boundaries are
5contiguous, or consolidate the commission into a municipality
6with which the commission is coterminous or substantially
7coterminous, or consolidate the commission into the county in
8which the commission sits, and if the governing authorities of
9the governmental unit assuming the functions of the former
10commission agree by resolution to accept the functions (and
11jurisdiction over the territory, if applicable) of the
12consolidated or annexed commission, then the commission shall
13cease. On the effective date of the annexation or
14consolidation, all the rights, powers, duties, assets,
15property, liabilities, indebtedness, obligations, bonding
16authority, taxing authority, and responsibilities of the
17commission shall vest in and be assumed by the governmental
18unit assuming the functions of the former commission.
19    The employees of the former commission shall be transferred
20to the governmental unit assuming the functions of the former
21commission. The governmental unit assuming the functions of the
22former commission shall exercise the rights and
23responsibilities of the former commission with respect to those
24employees. The status and rights of the employees of the former
25commission under any applicable contracts or collective
26bargaining agreements, historical representation rights under

 

 

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1the Illinois Public Labor Relations Act, or under any pension,
2retirement, or annuity plan shall not be affected by this
3amendatory Act.
 
4    Section 999. Effective date. This Act takes effect upon
5becoming law.