Full Text of HB0229 99th General Assembly
HB0229ham004 99TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 4/17/2015
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| 1 | | AMENDMENT TO HOUSE BILL 229
| 2 | | AMENDMENT NO. ______. Amend House Bill 229, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Counties Code is amended by changing | 6 | | Sections 5-44010 and 5-44025 and by adding Sections 5-44026 and | 7 | | 5-44060 as follows: | 8 | | (55 ILCS 5/5-44010) | 9 | | Sec. 5-44010. Applicability. The powers and authorities | 10 | | provided by this Division 5-44 apply to McHenry County, Lake | 11 | | County, and DuPage County only to counties with a population of | 12 | | more than 900,000 and less than 3,000,000 that are contiguous | 13 | | to a county with a population of more than 3,000,000 and units | 14 | | of local government within such counties.
| 15 | | (Source: P.A. 98-126, eff. 8-2-13.) |
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| 1 | | (55 ILCS 5/5-44025) | 2 | | Sec. 5-44025. Dissolution of units of local government by | 3 | | ordinance . | 4 | | (a) A county board may, by ordinance, propose the | 5 | | dissolution of a unit of local government. The ordinance shall | 6 | | detail the purpose and cost savings to be achieved by such | 7 | | dissolution, and be published in a newspaper of general | 8 | | circulation served by the unit of local
government and on the | 9 | | county's website, if applicable. | 10 | | (b) Upon the effective date of an ordinance enacted | 11 | | pursuant to subsection (a) of this Section, the chairman of the | 12 | | county board shall cause an audit of all claims against the | 13 | | unit, all receipts of the unit, the inventory of all real and | 14 | | personal property owned by the unit or under its control or | 15 | | management, and any debts owed by the unit. The chairman may, | 16 | | at his or her discretion, undertake any other
audit or | 17 | | financial review of the affairs of the unit. The
person or | 18 | | entity conducting such audit shall report the
findings of the | 19 | | audit to the county board and to the chairman of the
county | 20 | | board within 30 days. | 21 | | (c) Following the return of the audit report required by | 22 | | subsection (b) of this Section, the county board may adopt an | 23 | | ordinance dissolving the unit 150 days following the effective | 24 | | date of the ordinance. Upon adoption of the ordinance, but not | 25 | | before the end of the 30-day period set forth in subsection (e) | 26 | | of this Section and prior to its effective date, the chairman |
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| 1 | | of the county board shall petition the circuit court for an | 2 | | order designating a trustee-in-dissolution for the unit, | 3 | | immediately terminating the terms of the members of the | 4 | | governing board of the unit of local government on the | 5 | | effective date of the ordinance, and providing for the | 6 | | compensation of the trustee, which shall be paid from the | 7 | | corporate funds of the unit. | 8 | | (d) Upon the effective date of an ordinance enacted under | 9 | | subsection (c) of this Section, and notwithstanding any other | 10 | | provision of law, the State's attorney, or his or her designee, | 11 | | shall become the exclusive legal representative of the | 12 | | dissolving unit of local government. The county treasurer shall | 13 | | become the treasurer of the unit of local government and the | 14 | | county clerk shall become the secretary of the unit of local | 15 | | government. | 16 | | (e) Any dissolution of a unit of local government proposed | 17 | | pursuant to this Section Act shall be subject to a backdoor | 18 | | referendum. In addition to, or as part of, the authorizing | 19 | | ordinance enacted pursuant to subsection (c) of this Section, a | 20 | | notice shall be published that includes: (1) the specific | 21 | | number of voters required to sign a petition requesting that | 22 | | the question of dissolution be submitted to referendum; (2) the | 23 | | time when such petition must be filed; (3) the date of the | 24 | | prospective referendum; and (4) the statement of the cost | 25 | | savings and the purpose or basis for the dissolution as set | 26 | | forth in the authorizing ordinance under subsection (a) of this |
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| 1 | | Section. The county's election authority shall provide a | 2 | | petition form to anyone requesting one. If no petition is filed | 3 | | with the county's election authority within 30 days of | 4 | | publication of the authorizing ordinance and notice, the | 5 | | ordinance shall become effective. | 6 | | However, the election authority shall certify the question | 7 | | for submission at the next election held in accordance with | 8 | | general election law if a petition: (1) is filed within the | 9 | | 30-day period; (2) is signed by electors numbering either 7.5% | 10 | | of the registered voters in the governmental unit or 200 | 11 | | registered voters, whichever is less; and (3) asks that the | 12 | | question of dissolution be submitted to referendum. | 13 | | The election authority shall submit the question to voters | 14 | | residing in the area served by the unit of local government in | 15 | | substantially the following form: | 16 | | Shall the county board be authorized to dissolve [name | 17 | | of unit of local government]? | 18 | | The election authority shall record the votes as "Yes" or | 19 | | "No". | 20 | | If a majority of the votes cast on the question at such | 21 | | election are in favor of dissolution of the unit of local | 22 | | government and provided that notice of the referendum was | 23 | | provided as set forth in Section 12-5 of the Election Code, the | 24 | | county board is authorized to proceed pursuant to subsection | 25 | | (c) of this Section.
| 26 | | (Source: P.A. 98-126, eff. 8-2-13.) |
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| 1 | | (55 ILCS 5/5-44026 new) | 2 | | Sec. 5-44026. Dissolution of units of local government by | 3 | | referendum. | 4 | | (a) A county board may propose the dissolution of a unit of | 5 | | local government. The proposal shall detail the purpose and | 6 | | cost savings to be achieved by such dissolution, and be | 7 | | published in a newspaper of general circulation served by the | 8 | | unit of local government and on the county's website, if | 9 | | applicable. The notice shall also include information | 10 | | concerning the specific number of voters required to sign a | 11 | | petition requesting that the question of dissolution be | 12 | | submitted to referendum that must occur before any dissolution | 13 | | takes place. | 14 | | (b) Any dissolution of a unit of local government proposed | 15 | | pursuant to this Section shall be subject to a referendum. The | 16 | | election authority shall certify the question for submission at | 17 | | the next election held in accordance with general election law | 18 | | if a petition: (1) is signed by electors numbering either 7.5% | 19 | | of the registered voters in the governmental unit or 200 | 20 | | registered voters, whichever is less; and (2) asks that the | 21 | | question of dissolution be submitted to referendum. | 22 | | The election authority shall submit the question to voters | 23 | | residing in the area served by the unit of local government in | 24 | | substantially the following form: | 25 | | Shall the county board be authorized to dissolve [name |
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| 1 | | of unit of local government]? | 2 | | The election authority shall record the votes as "Yes" or | 3 | | "No". | 4 | | If a majority of the votes cast on the question at such | 5 | | election are in favor of dissolution of the unit of local | 6 | | government and provided that notice of the referendum was | 7 | | provided as set forth in Section 12-5 of the Election Code, the | 8 | | county board is authorized to proceed pursuant to subsection | 9 | | (c) of this Section. | 10 | | (c) Upon the adoption of a referendum enacted pursuant to | 11 | | subsection (b) of this Section, the chairman of the county | 12 | | board shall cause an audit of all claims against the unit, all | 13 | | receipts of the unit, the inventory of all real and personal | 14 | | property owned by the unit or under its control or management, | 15 | | and any debts owed by the unit. The chairman may, at his or her | 16 | | discretion, undertake any other audit or financial review of | 17 | | the affairs of the unit. The person or entity conducting such | 18 | | audit shall report the findings of the audit to the county | 19 | | board and to the chairman of the county board within 30 days. | 20 | | (d) Following the return of the audit report required by | 21 | | subsection (c) of this Section, the county board shall adopt an | 22 | | ordinance dissolving the unit 150 days following the adoption | 23 | | of the referendum. Upon adoption of the ordinance, the chairman | 24 | | of the county board shall petition the circuit court for an | 25 | | order designating a trustee-in-dissolution for the unit, | 26 | | immediately terminating the terms of the members of the |
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| 1 | | governing board of the unit of local government on the | 2 | | effective date of the ordinance, and providing for the | 3 | | compensation of the trustee, which shall be paid from the | 4 | | corporate funds of the unit. | 5 | | (e) Upon the effective date of an ordinance enacted under | 6 | | subsection (d) of this Section, and notwithstanding any other | 7 | | provision of law, the State's attorney, or his or her designee, | 8 | | shall become the exclusive legal representative of the | 9 | | dissolving unit of local government. The county treasurer shall | 10 | | become the treasurer of the unit of local government and the | 11 | | county clerk shall become the secretary of the unit of local | 12 | | government. | 13 | | (55 ILCS 5/5-44060 new) | 14 | | Sec. 5-44060. Rights of former employees. On the effective | 15 | | date of dissolution, the employees of the former unit of local | 16 | | government shall be transferred to the governmental unit | 17 | | assuming the functions of the former unit of local government. | 18 | | The status and rights of employees represented by an exclusive | 19 | | bargaining representative shall not be affected by the | 20 | | consolidation or this amendatory Act of the 99th General | 21 | | Assembly. Obligations assumed by the government unit assuming | 22 | | the functions of the former governmental unit shall include the | 23 | | obligation to honor existing representation rights under the | 24 | | Illinois Public Labor Relations Act and any existing collective | 25 | | bargaining agreements. The rights of employees under any |
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| 1 | | existing pension, retirement, or annuity plan shall not be | 2 | | affected by the consolidation or this amendatory Act of the | 3 | | 99th General Assembly.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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