Full Text of HB5777 100th General Assembly
HB5777sam001 100TH GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 5/28/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5777
| 2 | | AMENDMENT NO. ______. Amend House Bill 5777 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-44025 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 | 9 | | dissolution of a unit of local government. The ordinance shall | 10 | | detail the purpose and cost savings to be achieved by such | 11 | | dissolution, and be published in a newspaper of general | 12 | | circulation served by the unit of local
government and on the | 13 | | county's website, if applicable. | 14 | | (b) Upon the effective date of an ordinance enacted | 15 | | pursuant to subsection (a) of this Section, the chairman of the | 16 | | county board shall cause an audit of all claims against the |
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| 1 | | unit, all receipts of the unit, the inventory of all real and | 2 | | personal property owned by the unit or under its control or | 3 | | management, and any debts owed by the unit. The chairman may, | 4 | | at his or her discretion, undertake any other
audit or | 5 | | financial review of the affairs of the unit. The
person or | 6 | | entity conducting such audit shall report the
findings of the | 7 | | audit to the county board and to the chairman of the
county | 8 | | board within 30 days or as soon thereafter as is practicable . | 9 | | (c) Following the return of the audit report required by | 10 | | subsection (b) of this Section, the county board may adopt an | 11 | | ordinance authorizing the dissolution of dissolving the unit | 12 | | not less than 60 150 days following the court's appointment of | 13 | | a trustee-in-dissolution as provided in this Division | 14 | | effective date of the ordinance . Upon adoption of the | 15 | | ordinance, but not before the end of the 30-day period set | 16 | | forth in subsection (e) of this Section and prior to its | 17 | | effective date, the chairman of the county board shall petition | 18 | | the circuit court for an order designating a | 19 | | trustee-in-dissolution for the unit, immediately terminating | 20 | | the terms of the members of the governing board of the unit of | 21 | | local government on the effective date of the ordinance , and | 22 | | providing for the compensation of the trustee, which shall be | 23 | | paid from the corporate funds of the unit. | 24 | | (d) Upon the court's appointment of a | 25 | | trustee-in-dissolution effective date of an ordinance enacted | 26 | | under subsection (c) of this Section , and notwithstanding any |
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| 1 | | other provision of law, the State's attorney, or his or her | 2 | | designee, shall become the exclusive legal representative of | 3 | | the dissolving unit of local government. The county treasurer | 4 | | shall become the treasurer of the unit of local government and | 5 | | the county clerk shall become the secretary of the unit of | 6 | | local government. | 7 | | (e) Any dissolution of a unit of local government proposed | 8 | | pursuant to this Act shall be subject to a backdoor referendum. | 9 | | Upon adoption of In addition to, or as part of, the authorizing | 10 | | ordinance enacted pursuant to subsection (c) of this Section, | 11 | | the county shall publish a notice shall be published that | 12 | | includes: (1) the specific number of voters required to sign a | 13 | | petition requesting that the question of dissolution be | 14 | | submitted to referendum; (2) the time when such petition must | 15 | | be filed; (3) the date of the prospective referendum; and (4) | 16 | | the statement of the cost savings and the purpose or basis for | 17 | | the dissolution as set forth in the authorizing ordinance under | 18 | | subsection (a) of this Section. The county's election authority | 19 | | shall provide a petition form to anyone requesting one. If no | 20 | | petition is filed with the county's election authority within | 21 | | 30 days of publication of the authorizing ordinance and notice, | 22 | | the chairman of the county board is authorized to proceed | 23 | | pursuant to subsection (c) of this Section the ordinance shall | 24 | | become effective . | 25 | | However, the election authority shall certify the question | 26 | | for submission at the next election held in accordance with |
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| 1 | | general election law if a petition: (1) is filed within the | 2 | | 30-day period; (2) is signed by electors numbering either 7.5% | 3 | | of the registered voters in the governmental unit or 200 | 4 | | registered voters, whichever is less; and (3) asks that the | 5 | | question of dissolution be submitted to referendum. | 6 | | The election authority shall submit the question to voters | 7 | | residing in the area served by the unit of local government in | 8 | | substantially the following form: | 9 | | Shall the county board be authorized to dissolve [name | 10 | | of unit of local government]? | 11 | | The election authority shall record the votes as "Yes" or | 12 | | "No". | 13 | | If a majority of the votes cast on the question at such | 14 | | election are in favor of dissolution of the unit of local | 15 | | government and provided that notice of the referendum was | 16 | | provided as set forth in Section 12-5 of the Election Code, the | 17 | | chairman of the county board is authorized to proceed pursuant | 18 | | to subsection (c) of this Section.
| 19 | | (Source: P.A. 98-126, eff. 8-2-13.)".
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