Full Text of HB5785 98th General Assembly
HB5785eng 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 5. The Property Tax Code is amended by adding | 5 | | Section 2-41 as follows: | 6 | | (35 ILCS 200/2-41 new) | 7 | | Sec. 2-41. Cessation of district organization. | 8 | | Notwithstanding any other provision of law, if a majority vote | 9 | | of the board of trustees is in favor of the proposition to | 10 | | consolidate the multi-township assessment district into the | 11 | | county in which the district sits, and if the county board of | 12 | | the county assuming the functions of the former district agree | 13 | | by resolution to accept the functions (and jurisdiction over | 14 | | the territory, if applicable) of the consolidated or annexed | 15 | | district, then the district shall cease. On the effective date | 16 | | of the consolidation, all the rights, powers, duties, assets, | 17 | | property, liabilities, indebtedness, obligations, bonding | 18 | | authority, taxing authority, and responsibilities of the | 19 | | district shall vest in and be assumed by the county assuming | 20 | | the functions of the former district. | 21 | | The employees of the former district shall be transferred | 22 | | to the county assuming the functions of the former district. | 23 | | The county assuming the functions of the former district shall |
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| 1 | | exercise the rights and responsibilities of the former district | 2 | | with respect to those employees. The status and rights of the | 3 | | employees of the former district under any applicable contracts | 4 | | or collective bargaining agreements, historical representation | 5 | | rights under the Illinois Public Labor Relations Act, or under | 6 | | any pension, retirement, or annuity plan shall not be affected | 7 | | by this amendatory Act. | 8 | | Section 10. The Counties Code is amended by adding Section | 9 | | 5-31022 as follows: | 10 | | (55 ILCS 5/5-31022 new) | 11 | | Sec. 5-31022. Cessation of district organization. | 12 | | Notwithstanding any other provision of law, if a majority vote | 13 | | of the board is in favor of the proposition to annex the | 14 | | district to another district whose boundaries are contiguous, | 15 | | or consolidate the district into a municipality with which the | 16 | | district is coterminous or substantially coterminous, or | 17 | | consolidate the district into the county in which the district | 18 | | sits if the district contains territory within only one county, | 19 | | and if the governing authorities of the governmental unit | 20 | | assuming the functions of the former district agree by | 21 | | resolution to accept the functions (and jurisdiction over the | 22 | | territory, if applicable) of the consolidated or annexed | 23 | | district, then the district shall cease. On the effective date | 24 | | of the annexation or consolidation, all the rights, powers, |
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| 1 | | duties, assets, property, liabilities, indebtedness, | 2 | | obligations, bonding authority, taxing authority, and | 3 | | responsibilities of the district shall vest in and be assumed | 4 | | by the governmental unit assuming the functions of the former | 5 | | district. | 6 | | The employees of the former district shall be transferred | 7 | | to the governmental unit assuming the functions of the former | 8 | | district. The governmental unit assuming the functions of the | 9 | | former district shall exercise the rights and responsibilities | 10 | | of the former district with respect to those employees. The | 11 | | status and rights of the employees of the former district under | 12 | | any applicable contracts or collective bargaining agreements, | 13 | | historical representation rights under the Illinois Public | 14 | | Labor Relations Act, or under any pension, retirement, or | 15 | | annuity plan shall not be affected by this amendatory Act. | 16 | | Section 15. The Cemetery Maintenance District Act is | 17 | | amended by adding Section 13 as follows: | 18 | | (70 ILCS 105/13 new) | 19 | | Sec. 13. Cessation of district organization. | 20 | | Notwithstanding any other provision of law, if a majority vote | 21 | | of the board of trustees is in favor of the proposition to | 22 | | annex the district to another district whose boundaries are | 23 | | contiguous, or consolidate the district into a municipality | 24 | | with which the district is coterminous or substantially |
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| 1 | | coterminous, or consolidate the district into the county in | 2 | | which the district sits, and if the governing authorities of | 3 | | the governmental unit assuming the functions of the former | 4 | | district agree by resolution to accept the functions (and | 5 | | jurisdiction over the territory, if applicable) of the | 6 | | consolidated or annexed district, then the district shall | 7 | | cease. On the effective date of the annexation or | 8 | | consolidation, all the rights, powers, duties, assets, | 9 | | property, liabilities, indebtedness, obligations, bonding | 10 | | authority, taxing authority, and responsibilities of the | 11 | | district shall vest in and be assumed by the governmental unit | 12 | | assuming the functions 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 20. The Civic Center Code is amended by adding | 24 | | Section 2-165 as follows: |
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| 1 | | (70 ILCS 200/2-165 new) | 2 | | Sec. 2-165. Cessation of authority organization. | 3 | | (a) Notwithstanding any other provision of law, if a | 4 | | majority vote of the Board is in favor of the proposition to | 5 | | annex the authority to another authority whose boundaries are | 6 | | contiguous, or consolidate the authority into a municipality | 7 | | with which the authority is coterminous or substantially | 8 | | coterminous, or consolidate the authority into the county in | 9 | | which the authority sits, and if the governing authorities of | 10 | | the governmental unit assuming the functions of the former | 11 | | authority agree by resolution to accept the functions (and | 12 | | jurisdiction over the territory, if applicable) of the | 13 | | consolidated or annexed authority, then the authority shall | 14 | | cease. On the effective date of the annexation or | 15 | | consolidation, all the rights, powers, duties, assets, | 16 | | property, liabilities, indebtedness, obligations, bonding | 17 | | authority, taxing authority, and responsibilities of the | 18 | | authority shall vest in and be assumed by the governmental unit | 19 | | assuming the functions of the former authority. | 20 | | The employees of the former authority shall be transferred | 21 | | to the governmental unit assuming the functions of the former | 22 | | authority. The governmental unit assuming the functions of the | 23 | | former authority shall exercise the rights and | 24 | | responsibilities of the former authority with respect to those | 25 | | employees. The status and rights of the employees of the former | 26 | | authority under any applicable contracts or collective |
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| 1 | | bargaining agreements, historical representation rights under | 2 | | the Illinois Public Labor Relations Act, or under any pension, | 3 | | retirement, or annuity plan shall not be affected by this | 4 | | amendatory Act. | 5 | | (b) Notwithstanding the provisions of Section 2-1 of this | 6 | | Code, the provisions of this Section apply to all Civic Center | 7 | | Authorities created under this Code. | 8 | | Section 25. The Public Health District Act is amended by | 9 | | adding Section 26 as follows: | 10 | | (70 ILCS 905/26 new) | 11 | | Sec. 26. Cessation of district organization. | 12 | | Notwithstanding any other provision of law, if a majority vote | 13 | | of the board of health is in favor of the proposition to annex | 14 | | the district to another district whose boundaries are | 15 | | contiguous, or consolidate the district into a municipality | 16 | | with which the district is coterminous or substantially | 17 | | coterminous, or consolidate the district into the county in | 18 | | which the district sits, and if the governing authorities of | 19 | | the governmental unit assuming the functions of the former | 20 | | district agree by resolution to accept the functions (and | 21 | | jurisdiction over the territory, if applicable) of the | 22 | | consolidated or annexed district, then the district shall | 23 | | cease. On the effective date of the annexation or | 24 | | consolidation, all the rights, powers, duties, assets, |
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| 1 | | property, liabilities, indebtedness, obligations, bonding | 2 | | authority, taxing authority, and responsibilities of the | 3 | | district shall vest in and be assumed by the governmental unit | 4 | | assuming the functions of the former 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 30. The Tuberculosis Sanitarium District Act is | 16 | | amended by adding Section 5.3a as follows: | 17 | | (70 ILCS 920/5.3a new) | 18 | | Sec. 5.3a. Cessation of district organization. | 19 | | Notwithstanding any other provision of law, if a majority vote | 20 | | of the board of directors 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, and if the governing authorities of | 2 | | the governmental unit assuming the functions of the former | 3 | | district agree by resolution to accept the functions (and | 4 | | jurisdiction over the territory, if applicable) of the | 5 | | consolidated or annexed district, then the district shall | 6 | | cease. On the effective date of the annexation or | 7 | | consolidation, all the rights, powers, duties, assets, | 8 | | property, liabilities, indebtedness, obligations, bonding | 9 | | authority, taxing authority, and responsibilities of the | 10 | | district shall vest in and be assumed by the governmental unit | 11 | | assuming the functions of the former district. | 12 | | The employees of the former district shall be transferred | 13 | | to the governmental unit assuming the functions of the former | 14 | | district. The governmental unit assuming the functions of the | 15 | | former district shall exercise the rights and responsibilities | 16 | | of the former district with respect to those employees. The | 17 | | status and rights of the employees of the former district under | 18 | | any applicable contracts or collective bargaining agreements, | 19 | | historical representation rights under the Illinois Public | 20 | | Labor Relations Act, or under any pension, retirement, or | 21 | | annuity plan shall not be affected by this amendatory Act. | 22 | | Section 35. The Museum District Act is amended by adding | 23 | | Section 27 as follows: | 24 | | (70 ILCS 1105/27 new) |
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| 1 | | Sec. 27. Cessation of district organization. | 2 | | Notwithstanding any other provision of law, if a majority vote | 3 | | of the board of commissioners is in favor of the proposition to | 4 | | annex the district to another district whose boundaries are | 5 | | contiguous, or consolidate the district into a municipality | 6 | | with which the district is coterminous or substantially | 7 | | coterminous, or consolidate the district into the county in | 8 | | which the district sits, and if the governing authorities of | 9 | | the governmental unit assuming the functions of the former | 10 | | district agree by resolution to accept the functions (and | 11 | | jurisdiction over the territory, if applicable) of the | 12 | | consolidated or annexed district, then the district 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 | | district shall vest in and be assumed by the governmental unit | 18 | | assuming the functions of the former district. | 19 | | The employees of the former district shall be transferred | 20 | | to the governmental unit assuming the functions of the former | 21 | | district. The governmental unit assuming the functions of the | 22 | | former district shall exercise the rights and responsibilities | 23 | | of the former district with respect to those employees. The | 24 | | status and rights of the employees of the former district under | 25 | | any applicable contracts or collective bargaining agreements, | 26 | | historical representation rights under the Illinois Public |
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| 1 | | Labor Relations Act, or under any pension, retirement, or | 2 | | annuity plan shall not be affected by this amendatory Act. | 3 | | Section 40. The Illinois International Port District Act is | 4 | | amended by adding Section 28 as follows: | 5 | | (70 ILCS 1810/28 new) | 6 | | Sec. 28. Cessation of district organization. | 7 | | Notwithstanding any other provision of law, if a majority vote | 8 | | of the Board is in favor of the proposition to annex the | 9 | | district to another district whose boundaries are contiguous, | 10 | | or consolidate the district into a municipality with which the | 11 | | district is coterminous or substantially coterminous, or | 12 | | consolidate the district into the county in which the district | 13 | | sits, and if the governing authorities of the governmental unit | 14 | | assuming the functions of the former district agree by | 15 | | resolution to accept the functions (and jurisdiction over the | 16 | | territory, if applicable) of the consolidated or annexed | 17 | | district, then the district shall cease. On the effective date | 18 | | of the annexation or consolidation, all the rights, powers, | 19 | | duties, assets, property, liabilities, indebtedness, | 20 | | obligations, bonding authority, taxing authority, and | 21 | | responsibilities of the district shall vest in and be assumed | 22 | | by the governmental unit assuming the functions of the former | 23 | | district. | 24 | | The employees of the former district shall be transferred |
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| 1 | | to the governmental unit assuming the functions of the former | 2 | | district. The governmental unit assuming the functions of the | 3 | | former district shall exercise the rights and responsibilities | 4 | | of the former district with respect to those employees. The | 5 | | status and rights of the employees of the former district under | 6 | | any applicable contracts or collective bargaining agreements, | 7 | | historical representation rights under the Illinois Public | 8 | | Labor Relations Act, or under any pension, retirement, or | 9 | | annuity plan shall not be affected by this amendatory Act. | 10 | | Section 45. The Solid Waste Disposal District Act is | 11 | | amended by adding Section 25 as follows: | 12 | | (70 ILCS 3105/25 new) | 13 | | Sec. 25. Cessation of district organization. | 14 | | Notwithstanding any other provision of law, if a majority vote | 15 | | of the board is in favor of the proposition to annex the | 16 | | district to another district whose boundaries are contiguous, | 17 | | or consolidate the district into a municipality with which the | 18 | | district is coterminous or substantially coterminous, or | 19 | | consolidate the district into the county in which the district | 20 | | sits if the district contains territory within only one county, | 21 | | and if the governing authorities of the governmental unit | 22 | | assuming the functions of the former district agree by | 23 | | resolution to accept the functions (and jurisdiction over the | 24 | | territory, if applicable) of the consolidated or annexed |
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| 1 | | district, then the district shall cease. On the effective date | 2 | | of the annexation or consolidation, all the rights, powers, | 3 | | duties, assets, property, liabilities, indebtedness, | 4 | | obligations, bonding authority, taxing authority, and | 5 | | responsibilities of the district shall vest in and be assumed | 6 | | by the governmental unit assuming the functions of the former | 7 | | district. | 8 | | The employees of the former district shall be transferred | 9 | | to the governmental unit assuming the functions of the former | 10 | | district. The governmental unit assuming the functions of the | 11 | | former district shall exercise the rights and responsibilities | 12 | | of the former district with respect to those employees. The | 13 | | status and rights of the employees of the former district under | 14 | | any applicable contracts or collective bargaining agreements, | 15 | | historical representation rights under the Illinois Public | 16 | | Labor Relations Act, or under any pension, retirement, or | 17 | | annuity plan shall not be affected by this amendatory Act. | 18 | | Section 50. The Street Light District Act is amended by | 19 | | adding Section 11 as follows: | 20 | | (70 ILCS 3305/11 new) | 21 | | Sec. 11. Cessation of district organization. | 22 | | Notwithstanding any other provision of law, if a majority vote | 23 | | of the board of trustees is in favor of the proposition to | 24 | | annex the district to another district whose boundaries are |
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| 1 | | contiguous, or consolidate the district into a municipality | 2 | | with which the district is coterminous or substantially | 3 | | coterminous, or consolidate the district into the county in | 4 | | which the district sits if the district contains territory | 5 | | within only one county, and if the governing authorities of the | 6 | | governmental unit assuming the functions of the former district | 7 | | agree by resolution to accept the functions (and jurisdiction | 8 | | over the territory, if applicable) of the consolidated or | 9 | | annexed district, then the district shall cease. On the | 10 | | effective date of the annexation or consolidation, all the | 11 | | rights, powers, duties, assets, property, liabilities, | 12 | | indebtedness, obligations, bonding authority, taxing | 13 | | authority, and responsibilities of the district shall vest in | 14 | | and be assumed by the governmental unit assuming the functions | 15 | | 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 55. The Surface Water Protection District Act is | 2 | | amended by adding Section 25 as follows: | 3 | | (70 ILCS 3405/25 new) | 4 | | Sec. 25. Cessation of district organization. | 5 | | Notwithstanding any other provision of law, if a majority vote | 6 | | of the board of trustees is in favor of the proposition to | 7 | | annex the district to another district whose boundaries are | 8 | | contiguous, or consolidate the district into a municipality | 9 | | with which the district is coterminous or substantially | 10 | | coterminous, or consolidate the district into the county in | 11 | | which the district sits if the district contains territory | 12 | | within only one county, and if the governing authorities of the | 13 | | governmental unit assuming the functions of the former district | 14 | | agree by resolution to accept the functions (and jurisdiction | 15 | | over the territory, if applicable) of the consolidated or | 16 | | annexed district, then the district shall cease. On the | 17 | | effective date of the annexation or consolidation, all the | 18 | | rights, powers, duties, assets, property, liabilities, | 19 | | indebtedness, obligations, bonding authority, taxing | 20 | | authority, and responsibilities of the district shall vest in | 21 | | and be assumed by the governmental unit assuming the functions | 22 | | of the former district. | 23 | | The employees of the former district shall be transferred | 24 | | to the governmental unit assuming the functions of the former | 25 | | district. The governmental unit assuming the functions of the |
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| 1 | | former district shall exercise the rights and responsibilities | 2 | | of the former district with respect to those employees. The | 3 | | status and rights of the employees of the former district under | 4 | | any applicable contracts or collective bargaining agreements, | 5 | | historical representation rights under the Illinois Public | 6 | | Labor Relations Act, or under any pension, retirement, or | 7 | | annuity plan shall not be affected by this amendatory Act. | 8 | | Section 60. The Water Service District Act is amended by | 9 | | adding Section 13 as follows: | 10 | | (70 ILCS 3710/13 new) | 11 | | Sec. 13. Cessation of district organization. | 12 | | Notwithstanding any other provision of law, if a majority vote | 13 | | of the board of trustees is in favor of the proposition to | 14 | | annex the district to another district whose boundaries are | 15 | | contiguous, or consolidate the district into a municipality | 16 | | with which the district is coterminous or substantially | 17 | | coterminous, or consolidate the district into the county in | 18 | | which the district sits if the district contains territory | 19 | | within only one county, and if the governing authorities of the | 20 | | governmental unit assuming the functions of the former district | 21 | | agree by resolution to accept the functions (and jurisdiction | 22 | | over the territory, if applicable) of the consolidated or | 23 | | annexed district, then the district shall cease. On the | 24 | | effective date of the annexation or consolidation, all the |
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| 1 | | rights, powers, duties, assets, property, liabilities, | 2 | | indebtedness, obligations, bonding authority, taxing | 3 | | authority, and responsibilities of the district shall vest in | 4 | | and be assumed by the governmental unit assuming the functions | 5 | | of the former district. | 6 | | The employees of the former district shall be transferred | 7 | | to the governmental unit assuming the functions of the former | 8 | | district. The governmental unit assuming the functions of the | 9 | | former district shall exercise the rights and responsibilities | 10 | | of the former district with respect to those employees. The | 11 | | status and rights of the employees of the former district under | 12 | | any applicable contracts or collective bargaining agreements, | 13 | | historical representation rights under the Illinois Public | 14 | | Labor Relations Act, or under any pension, retirement, or | 15 | | annuity plan shall not be affected by this amendatory Act. | 16 | | Section 65. The Water Authorities Act is amended by adding | 17 | | Section 28 as follows: | 18 | | (70 ILCS 3715/28 new) | 19 | | Sec. 28. Cessation of authority organization. | 20 | | Notwithstanding any other provision of law, if a majority vote | 21 | | of the board of trustees is in favor of the proposition to | 22 | | annex the authority to another authority whose boundaries are | 23 | | contiguous, or consolidate the authority into a municipality | 24 | | with which the authority is coterminous or substantially |
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| 1 | | coterminous, or consolidate the authority into the county in | 2 | | which the authority sits if the authority contains territory | 3 | | within only one county, and if the governing authorities of the | 4 | | governmental unit assuming the functions of the former | 5 | | authority agree by resolution to accept the functions (and | 6 | | jurisdiction over the territory, if applicable) of the | 7 | | consolidated or annexed authority, then the authority shall | 8 | | cease. On the effective date of the annexation or | 9 | | consolidation, all the rights, powers, duties, assets, | 10 | | property, liabilities, indebtedness, obligations, bonding | 11 | | authority, taxing authority, and responsibilities of the | 12 | | authority shall vest in and be assumed by the governmental unit | 13 | | assuming the functions of the former authority. | 14 | | The employees of the former authority shall be transferred | 15 | | to the governmental unit assuming the functions of the former | 16 | | authority. The governmental unit assuming the functions of the | 17 | | former authority shall exercise the rights and | 18 | | responsibilities of the former authority with respect to those | 19 | | employees. The status and rights of the employees of the former | 20 | | authority under any applicable contracts or collective | 21 | | bargaining agreements, historical representation rights under | 22 | | the Illinois Public Labor Relations Act, or under any pension, | 23 | | retirement, or annuity plan shall not be affected by this | 24 | | amendatory Act. | 25 | | Section 70. The Water Commission Act of 1985 is amended by |
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| 1 | | adding Section 2.1 as follows: | 2 | | (70 ILCS 3720/2.1 new) | 3 | | Sec. 2.1. Cessation of commission organization. | 4 | | Notwithstanding any other provision of law, if a majority vote | 5 | | of the water commission is in favor of the proposition to annex | 6 | | the commission to another commission whose boundaries are | 7 | | contiguous, or consolidate the commission into a municipality | 8 | | with which the commission is coterminous or substantially | 9 | | coterminous, or consolidate the commission into the county in | 10 | | which the commission sits, and if the governing authorities of | 11 | | the governmental unit assuming the functions of the former | 12 | | commission agree by resolution to accept the functions (and | 13 | | jurisdiction over the territory, if applicable) of the | 14 | | consolidated or annexed commission, then the commission shall | 15 | | cease. On the effective date of the annexation or | 16 | | consolidation, all the rights, powers, duties, assets, | 17 | | property, liabilities, indebtedness, obligations, bonding | 18 | | authority, taxing authority, and responsibilities of the | 19 | | commission shall vest in and be assumed by the governmental | 20 | | unit assuming the functions of the former commission. | 21 | | The employees of the former commission shall be transferred | 22 | | to the governmental unit assuming the functions of the former | 23 | | commission. The governmental unit assuming the functions of the | 24 | | former commission shall exercise the rights and | 25 | | responsibilities of the former commission with respect to those |
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| 1 | | employees. The status and rights of the employees of the former | 2 | | commission under any applicable contracts or collective | 3 | | bargaining agreements, historical representation rights under | 4 | | the Illinois Public Labor Relations Act, or under any pension, | 5 | | retirement, or annuity plan shall not be affected by this | 6 | | amendatory Act.
| 7 | | Section 999. Effective date. This Act takes effect upon | 8 | | becoming law.
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