Illinois General Assembly - Full Text of Public Act 100-1113
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Public Act 100-1113


 

Public Act 1113 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-1113
 
HB5777 EnrolledLRB100 19717 AWJ 34991 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-44025 as follows:
 
    (55 ILCS 5/5-44025)
    Sec. 5-44025. Dissolution of units of local government.
    (a) A county board may, by ordinance, propose the
dissolution of a unit of local government. The ordinance shall
detail the purpose and cost savings to be achieved by such
dissolution, and be published in a newspaper of general
circulation served by the unit of local government and on the
county's website, if applicable.
    (b) Upon the effective date of an ordinance enacted
pursuant to subsection (a) of this Section, the chairman of the
county board shall cause an audit of all claims against the
unit, all receipts of the unit, the inventory of all real and
personal property owned by the unit or under its control or
management, and any debts owed by the unit. The chairman may,
at his or her discretion, undertake any other audit or
financial review of the affairs of the unit. The person or
entity conducting such audit shall report the findings of the
audit to the county board and to the chairman of the county
board within 30 days or as soon thereafter as is practicable.
    (c) Following the return of the audit report required by
subsection (b) of this Section, the county board may adopt an
ordinance authorizing the dissolution of dissolving the unit
not less than 60 150 days following the court's appointment of
a trustee-in-dissolution as provided in this Division
effective date of the ordinance. Upon adoption of the
ordinance, but not before the end of the 30-day period set
forth in subsection (e) of this Section and prior to its
effective date, the chairman of the county board shall petition
the circuit court for an order designating a
trustee-in-dissolution for the unit, immediately terminating
the terms of the members of the governing board of the unit of
local government on the effective date of the ordinance, and
providing for the compensation of the trustee, which shall be
paid from the corporate funds of the unit.
    (d) Upon the court's appointment of a
trustee-in-dissolution effective date of an ordinance enacted
under subsection (c) of this Section, and notwithstanding any
other provision of law, the State's attorney, or his or her
designee, shall become the exclusive legal representative of
the dissolving unit of local government. The county treasurer
shall become the treasurer of the unit of local government and
the county clerk shall become the secretary of the unit of
local government.
    (e) Any dissolution of a unit of local government proposed
pursuant to this Act shall be subject to a backdoor referendum.
Upon adoption of In addition to, or as part of, the authorizing
ordinance enacted pursuant to subsection (c) of this Section,
the county shall publish a notice shall be published that
includes: (1) the specific number of voters required to sign a
petition requesting that the question of dissolution be
submitted to referendum; (2) the time when such petition must
be filed; (3) the date of the prospective referendum; and (4)
the statement of the cost savings and the purpose or basis for
the dissolution as set forth in the authorizing ordinance under
subsection (a) of this Section. The county's election authority
shall provide a petition form to anyone requesting one. If no
petition is filed with the county's election authority within
30 days of publication of the authorizing ordinance and notice,
the chairman of the county board is authorized to proceed
pursuant to subsection (c) of this Section the ordinance shall
become effective.
    However, the election authority shall certify the question
for submission at the next election held in accordance with
general election law if a petition: (1) is filed within the
30-day period; (2) is signed by electors numbering either 7.5%
of the registered voters in the governmental unit or 200
registered voters, whichever is less; and (3) asks that the
question of dissolution be submitted to referendum.
    The election authority shall submit the question to voters
residing in the area served by the unit of local government in
substantially the following form:
        Shall the county board be authorized to dissolve [name
    of unit of local government]?
    The election authority shall record the votes as "Yes" or
"No".
    If a majority of the votes cast on the question at such
election are in favor of dissolution of the unit of local
government and provided that notice of the referendum was
provided as set forth in Section 12-5 of the Election Code, the
chairman of the county board is authorized to proceed pursuant
to subsection (c) of this Section.
(Source: P.A. 98-126, eff. 8-2-13.)

Effective Date: 1/1/2019