101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3220

 

Introduced 2/11/2020, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Counties Code. Creates the Countywide Shared Services Property Tax Savings Plan Division. Provides that a shared services panel is created in each county consisting the county executive or chairperson of the county board and a representative of each municipality and township in the county. Provides that municipalities with a population greater than 1,000,000 are not required to, but may, participate. Allows the county executive or chairperson to invite representatives of other governmental units (units of local government and school districts) to participate. Provides that the county executive or chairperson shall initial prepare a countywide shared services property tax savings plan for initial approval by the county board. Provides that the plan shall contain new recurring property tax savings through actions such as, but not limited to: the elimination of duplicative services; shared services, such as joint purchasing, shared highway equipment, shared storage facilities, shared plowing services, and energy and insurance purchasing cooperatives; reduction in back office administrative overhead; and better coordination of services. After review by the county board, requires the shared services panel to approve the plan on or before December 31, 2021. Includes provisions regarding public input, presentation of the plan, implementation of the plan, and resubmittal of a failed plan. Limits home rule powers. Amends the State Mandates Act to require implementation without reimbursement.


LRB101 20477 AWJ 70051 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 5. The Counties Code is amended by adding Division
56-35 as follows:
 
6    (55 ILCS 5/Div. 6-35 heading new)
7
Division 6-35. Countywide Shared
8
Services Property Tax Savings Plan

 
9    (55 ILCS 5/6-35005 new)
10    Sec. 6-35005. Definitions. As used in this Act:
11    "Chief executive officer" means the county executive or
12chief executive officer of a county or, if none, the
13chairperson of the county board or board of county
14commissioners.
15    "County board" means a county board or board of county
16commissioners.
17    "Governmental unit" means a unit of local government or
18school district.
19    "Plan" means the countywide shared services property tax
20savings plan.
 
21    (55 ILCS 5/6-35010 new)

 

 

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1    Sec. 6-35010. Shared services panel.
2    (a) A shared services panel is created in each county
3consisting of the chief executive officer of the county, who
4shall serve as chair, and one representative from each
5municipality and township in the county. The mayor or president
6of each municipality and the supervisor of each township shall
7be the representative to the shared services panel. A
8municipality with a population greater than 1,000,000 is not
9required to participate but may participate upon approval of
10its city council.
11    (b) The chief executive officer of the county may invite
12any other governmental units in the county to participate in
13the shared services panel. Upon such invitation, the governing
14body of the governmental unit may accept the invitation by
15selecting a representative of the governing body, by majority
16vote, to serve as a member of the shared services panel.
17    (c) In the development of the countywide shared services
18property tax savings plan under Section 6-35015, the chief
19executive officer of the county shall regularly consult with,
20and take recommendations from, the members of the shared
21services panel and from the representative of each collective
22bargaining unit of the county and the governmental units.
 
23    (55 ILCS 5/6-35015 new)
24    Sec. 6-35015. Countywide shared services property tax
25savings plan; approval.

 

 

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1    (a) The chief executive officer of each county shall
2prepare a countywide shared services property tax savings plan
3for shared, coordinated, and efficient services among the
4county and governmental units. The plan shall contain new
5recurring property tax savings through actions such as, but not
6limited to: the elimination of duplicative services; shared
7services, such as joint purchasing, shared highway equipment,
8shared storage facilities, shared plowing services, and energy
9and insurance purchasing cooperatives; reduction in back
10office administrative overhead; and better coordination of
11services.
12    (b) The chief executive officer of the county shall submit
13the plan to the county board no later than September 1, 2021.
14The plan shall be accompanied by a certification as to the
15accuracy of the savings contained therein.
16    The county board shall review and consider the plan
17submitted to it. The county board, by majority vote, may issue
18an advisory report making recommendations as deemed necessary
19no later than October 15, 2021. The chief executive officer may
20make modifications to the plan based on such recommendations.
21If modifications are made by the chief executive officer, he or
22she shall produce an updated certification as to the accuracy
23of the savings contained therein.
24    (c) After review by the county board, the shared services
25panel shall consider the plan, including with public input
26under Section 6-35020. A majority vote of the panel shall be

 

 

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1required for approval of the plan, provided however that each
2member of the panel may, prior to the panel-wide vote, cause to
3be removed from the plan the governmental unit represented by
4the respective member. Written notice of such removal shall be
5provided to the chief executive officer of the county prior to
6the panel-wide vote on the plan and the member removing a
7governmental unit from the plan shall not be allowed to vote on
8the plan.
9    (d) If a shared services panel cannot agree on a plan by
10December 31, 2021, then it shall release to the public a
11written status report on the proposal, by a majority vote of
12the panel, including the reason for the delay. The county shall
13then follow the same procedures of this Section and Section
146-35030 to attempt to produce an approved resubmitted plan by
15December 31, 2022.
 
16    (55 ILCS 5/6-35020 new)
17    Sec. 6-35020. Public input. Public input, as well as input
18from civic, business, labor, and community leaders, shall be
19accepted by the chief executive officer, the county board, and
20the shared services panel on the proposed countywide shared
21services property tax savings plan. To facilitate such input, 3
22or more public hearings shall be held within the county. All
23such public hearings shall be conducted prior to the submission
24of the countywide shared services property tax savings plan to
25a vote of the shared services panel, and public notice of all

 

 

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1such hearings shall be provided as required under the Open
2Meetings Act. Civic, business, labor, and community leaders, as
3well as members of the public, shall be permitted to provided
4public testimony at the hearings.
 
5    (55 ILCS 5/6-35025 new)
6    Sec. 6-35025. Plan summary; plan presentation.
7    (a) Upon approval of the shared services panel under
8subsection (c) of Section 6-35015, the chief executive officer
9of the county shall finalize the plan by creating a summary of
10the plan under subsection (b). Once the summary is complete,
11the county clerk shall disseminate the summary to all
12governmental units whose representatives voted on the plan for
13placement on the governmental unit's website, if any, including
14on the county's website.
15    (b) The plan summary shall contain the following
16information and shall be substantially in the form set forth
17below:
 
18
(County name) Shared Services Property Tax Savings Plan Summary

 
19Row 1
20Participating Municipalities (insert number of municipalities in the county as well

 

 

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1
2
3
4
5
6as the number and list of municipalities with a representative on the panel who voted on the plan)
7
8Row 2
9Participating Townships (insert number of townships in the county as well
10
11
12
13
14as the number and list of townships with a representative on the panel who voted on the plan)
15
16Row 3
17
18
19Governmental Units (other than School Districts, Municipalities, and Townships) (insert number of governmental units -- other than school districts, municipalities,

 

 

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1
2
3
4
5
6
7
8 and townships -- in the county as well as the number and list of those governmental units with a representative on the panel who voted on the plan)
9
10Row 4
11
12Participating School Districts (insert number of school districts in the county as well as
13
14
15
16
17the number and list of school districts with a representative on the panel who voted on the plan)
18

 

 

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1Row 5
2
3
4
5Fiscal Year 2021 Local Government Property Taxes (insert sum total of property taxes levied in the State fiscal year 2021 by the governmental units within the county)
6
7Row 6
8
9Fiscal Year 2021 Participating Entities Property Taxes (insert sum total of property taxes levied in the State fiscal year 2021 by the
10
11
12
13
14governmental units identified as voting in the panel in rows one through 4 above)
15
16Row 7
17
18Total Anticipated Savings Savings (insert sum total of net savings in the plan certified as being

 

 

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1
2
3
4
5anticipated in State fiscal year 2023, State fiscal year 2024, and annually thereafter)
6
7Row 8
8
9
10Anticipated Savings as a Percentage of Participating Entities Property Taxes (insert sum total of net savings in such plan certified as being of anticipated in State fiscal
11
12
13
14
15 year 2023 as a percentage of the sum total in Row 6, State fiscal year 2024 as a percentage
16
17
18
19
20of the sum total in Row 6, and annually thereafter as a percentage of the sum total in Row 6)
21
22Row 9
23
24Anticipated Cost/Savings to the Average Taxpayer (insert the amount of the savings that the average taxpayer in the county will

 

 

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1
2
3
4
5
6
7
8realize in State fiscal year 2023, State fiscal year 2024, and annually thereafter if the net savings certified in the plan are realized)
9
10Row 10
11
12
13
14Anticipated Costs/Savings to the Average Homeowner (insert the percentage amount a homeowner can expect his or her property taxes to increase or
15
16
17
18
19
20
21
22decrease in State fiscal year 2023, State fiscal year 2024, and annually thereafter if the net savings certified in the plan are realized)
23

 

 

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1Row 11
2
3
4
5
6Anticipated Costs/Savings to the Average Business (insert the percentage amount a business can expect its property taxes to increase or decrease in State fiscal year
7
8
9
10
11
12 2023, State fiscal year 2024, and annually thereafter if the net savings certified in the plan are realized)
13    (c) The chief executive officer of the county shall conduct
14a public presentation of the plan no later than March 1, 2022.
15Public notice of the public presentation shall be provided as
16required under the Open Meetings Act.
 
17    (55 ILCS 5/6-35030 new)
18    Sec. 6-35030. Failed plan; resubmittal.
19    (a) If the plan shall fail to obtain the approval of the
20shared services panel under Section 6-35015, the chief
21executive officer of the county shall resubmit such plan to the
22shared services panel, in accordance with the procedures
23established for first consideration of the plan by the county
24board outlined by Section 6-35015, no later than September 1,
252022. The county board shall issue any advisory report no later

 

 

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1than October 15, 2022.
2    (b) The shared services panel shall approve the plan
3resubmitted under this Section no later than December 31, 2022,
4the chief executive officer of the county shall finalize the
5resubmitted plan as provided in Section 6-35025. The dates in
6rows 5 through 11 of the summary the chief executive officer
7shall create under subsection (b) of Section 6-35025 for the
8resubmitted plan shall be increased one year.
 
9    (55 ILCS 5/6-35035 new)
10    Sec. 6-35035. Implementation of plan.
11    (a) Subject to subsection (b), each governmental unit that
12is part of the plan may implement any portion of the plan that
13applies to the government unit, including reducing taxes or tax
14levies as a result of anticipated savings.
15    (b) Where the implementation of any component of the plan
16is subject to a public hearing, a mandatory or permissive
17referendum, consents of the State or other governmental unit,
18requirements applicable to the making of contracts, or
19requirements of any other law, then implementation of such
20component shall be conditioned on compliance with such
21requirements.
 
22    (55 ILCS 5/6-35040 new)
23    Sec. 6-35040. Home rule. The regulation of countywide
24shared services property tax savings plans and shared services

 

 

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1panels are exclusive powers and functions of the State. A home
2rule unit may not regulate countywide shared services property
3tax savings plans. This Division is a denial and limitation of
4home rule powers and functions under subsection (h) of Section
56 of Article VII of the Illinois Constitution.
 
6    Section 90. The State Mandates Act is amended by adding
7Section 8.44 as follows:
 
8    (30 ILCS 805/8.44 new)
9    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
10of this Act, no reimbursement by the State is required for the
11implementation of any mandate created by this amendatory Act of
12the 101st General Assembly.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    55 ILCS 5/Div. 6-35
4    heading new
5    55 ILCS 5/6-35005 new
6    55 ILCS 5/6-35010 new
7    55 ILCS 5/6-35015 new
8    55 ILCS 5/6-35020 new
9    55 ILCS 5/6-35025 new
10    55 ILCS 5/6-35030 new
11    55 ILCS 5/6-35035 new
12    55 ILCS 5/6-35040 new
13    30 ILCS 805/8.44 new