HB5777 EnrolledLRB100 19717 AWJ 34991 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 5. The Counties Code is amended by changing Section
55-44025 as follows:
6    (55 ILCS 5/5-44025)
7    Sec. 5-44025. Dissolution of units of local government.
8    (a) A county board may, by ordinance, propose the
9dissolution of a unit of local government. The ordinance shall
10detail the purpose and cost savings to be achieved by such
11dissolution, and be published in a newspaper of general
12circulation served by the unit of local government and on the
13county's website, if applicable.
14    (b) Upon the effective date of an ordinance enacted
15pursuant to subsection (a) of this Section, the chairman of the
16county board shall cause an audit of all claims against the
17unit, all receipts of the unit, the inventory of all real and
18personal property owned by the unit or under its control or
19management, and any debts owed by the unit. The chairman may,
20at his or her discretion, undertake any other audit or
21financial review of the affairs of the unit. The person or
22entity conducting such audit shall report the findings of the
23audit to the county board and to the chairman of the county



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1board within 30 days or as soon thereafter as is practicable.
2    (c) Following the return of the audit report required by
3subsection (b) of this Section, the county board may adopt an
4ordinance authorizing the dissolution of dissolving the unit
5not less than 60 150 days following the court's appointment of
6a trustee-in-dissolution as provided in this Division
7effective date of the ordinance. Upon adoption of the
8ordinance, but not before the end of the 30-day period set
9forth in subsection (e) of this Section and prior to its
10effective date, the chairman of the county board shall petition
11the circuit court for an order designating a
12trustee-in-dissolution for the unit, immediately terminating
13the terms of the members of the governing board of the unit of
14local government on the effective date of the ordinance, and
15providing for the compensation of the trustee, which shall be
16paid from the corporate funds of the unit.
17    (d) Upon the court's appointment of a
18trustee-in-dissolution effective date of an ordinance enacted
19under subsection (c) of this Section, and notwithstanding any
20other provision of law, the State's attorney, or his or her
21designee, shall become the exclusive legal representative of
22the dissolving unit of local government. The county treasurer
23shall become the treasurer of the unit of local government and
24the county clerk shall become the secretary of the unit of
25local government.
26    (e) Any dissolution of a unit of local government proposed



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1pursuant to this Act shall be subject to a backdoor referendum.
2Upon adoption of In addition to, or as part of, the authorizing
3ordinance enacted pursuant to subsection (c) of this Section,
4the county shall publish a notice shall be published that
5includes: (1) the specific number of voters required to sign a
6petition requesting that the question of dissolution be
7submitted to referendum; (2) the time when such petition must
8be filed; (3) the date of the prospective referendum; and (4)
9the statement of the cost savings and the purpose or basis for
10the dissolution as set forth in the authorizing ordinance under
11subsection (a) of this Section. The county's election authority
12shall provide a petition form to anyone requesting one. If no
13petition is filed with the county's election authority within
1430 days of publication of the authorizing ordinance and notice,
15the chairman of the county board is authorized to proceed
16pursuant to subsection (c) of this Section the ordinance shall
17become effective.
18    However, the election authority shall certify the question
19for submission at the next election held in accordance with
20general election law if a petition: (1) is filed within the
2130-day period; (2) is signed by electors numbering either 7.5%
22of the registered voters in the governmental unit or 200
23registered voters, whichever is less; and (3) asks that the
24question of dissolution be submitted to referendum.
25    The election authority shall submit the question to voters
26residing in the area served by the unit of local government in



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1substantially the following form:
2        Shall the county board be authorized to dissolve [name
3    of unit of local government]?
4    The election authority shall record the votes as "Yes" or
6    If a majority of the votes cast on the question at such
7election are in favor of dissolution of the unit of local
8government and provided that notice of the referendum was
9provided as set forth in Section 12-5 of the Election Code, the
10chairman of the county board is authorized to proceed pursuant
11to subsection (c) of this Section.
12(Source: P.A. 98-126, eff. 8-2-13.)