Bill Title: Amends the following Acts and Codes to provide that, upon a majority vote of the boards of the entities created under the following Acts and Codes in favor of the proposition to annex or consolidate, then that entity shall cease: Property Tax Code, Counties Code, Cemetery Maintenance District Act, Civic Center Code, Conservation District Act, Downstate Forest Preserve District Act, Public Health District Act, Tuberculosis Sanitarium District Act, Museum District Act, Illinois International Port District Act, River Conservancy Districts Act, Solid Waste Disposal District Act, Street Light District Act, Surface Water Protection District Act, Water Service District Act, Water Authorities Act, Water Commission Act of 1985, and the Illinois Highway Code. Provides that on the effective date of the annexation or consolidation, all of the rights, powers, duties, assets, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the entity shall vest in and be assumed by the governmental unit assuming the former entity's functions. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-08-18 - Public Act . . . . . . . . . 98-1002
[HB5785 Detail]Download: Illinois-2013-HB5785-Chaptered.html
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Public Act 098-1002
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HB5785 Enrolled | LRB098 15006 JLK 49962 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Counties Code is amended by adding Section |
5-31022 as follows:
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(55 ILCS 5/5-31022 new) |
Sec. 5-31022. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board is in favor of the proposition to annex the |
district to another district whose boundaries are contiguous, |
or consolidate the district into a municipality with which the |
district is coterminous or substantially coterminous, or |
consolidate the district into the county in which the district |
sits if the district contains territory within only one county, |
and if the governing authorities of the governmental unit |
assuming the functions of the former district agree by |
resolution to accept the functions (and jurisdiction over the |
territory, if applicable) of the consolidated or annexed |
district, then the district shall cease. On the effective date |
of the annexation or consolidation, all the rights, powers, |
duties, assets, property, liabilities, indebtedness, |
obligations, bonding authority, taxing authority, and |
responsibilities of the district shall vest in and be assumed |
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by the governmental unit assuming the functions of the former |
district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
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Section 15. The Cemetery Maintenance District Act is |
amended by adding Section 13 as follows:
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(70 ILCS 105/13 new) |
Sec. 13. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board of trustees is in favor of the proposition to |
annex the district to another district whose boundaries are |
contiguous, or consolidate the district into a municipality |
with which the district is coterminous or substantially |
coterminous, or consolidate the district into the county in |
which the district sits, and if the governing authorities of |
the governmental unit assuming the functions of the former |
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district agree by resolution to accept the functions (and |
jurisdiction over the territory, if applicable) of the |
consolidated or annexed district, then the district shall |
cease. On the effective date of the annexation or |
consolidation, all the rights, powers, duties, assets, |
property, liabilities, indebtedness, obligations, bonding |
authority, taxing authority, and responsibilities of the |
district shall vest in and be assumed by the governmental unit |
assuming the functions of the former district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
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Section 20. The Civic Center Code is amended by adding |
Section 2-165 as follows:
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(70 ILCS 200/2-165 new) |
Sec. 2-165. Cessation of authority organization. |
(a) Notwithstanding any other provision of law, if a |
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majority vote of the Board is in favor of the proposition to |
annex the authority to another authority whose boundaries are |
contiguous, or consolidate the authority into a municipality |
with which the authority is coterminous or substantially |
coterminous, or consolidate the authority into the county in |
which the authority sits, and if the governing authorities of |
the governmental unit assuming the functions of the former |
authority agree by resolution to accept the functions (and |
jurisdiction over the territory, if applicable) of the |
consolidated or annexed authority, then the authority shall |
cease. On the effective date of the annexation or |
consolidation, all the rights, powers, duties, assets, |
property, liabilities, indebtedness, obligations, bonding |
authority, taxing authority, and responsibilities of the |
authority shall vest in and be assumed by the governmental unit |
assuming the functions of the former authority. |
The employees of the former authority shall be transferred |
to the governmental unit assuming the functions of the former |
authority. The governmental unit assuming the functions of the |
former authority shall exercise the rights and |
responsibilities of the former authority with respect to those |
employees. The status and rights of the employees of the former |
authority under any applicable contracts or collective |
bargaining agreements, historical representation rights under |
the Illinois Public Labor Relations Act, or under any pension, |
retirement, or annuity plan shall not be affected by this |
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amendatory Act. |
(b) Notwithstanding the provisions of Section 2-1 of this |
Code, the provisions of this Section apply to all Civic Center |
Authorities created under this Code.
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Section 25. The Public Health District Act is amended by |
adding Section 26 as follows:
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(70 ILCS 905/26 new) |
Sec. 26. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board of health is in favor of the proposition to annex |
the district to another district whose boundaries are |
contiguous, or consolidate the district into a municipality |
with which the district is coterminous or substantially |
coterminous, or consolidate the district into the county in |
which the district sits, and if the governing authorities of |
the governmental unit assuming the functions of the former |
district agree by resolution to accept the functions (and |
jurisdiction over the territory, if applicable) of the |
consolidated or annexed district, then the district shall |
cease. On the effective date of the annexation or |
consolidation, all the rights, powers, duties, assets, |
property, liabilities, indebtedness, obligations, bonding |
authority, taxing authority, and responsibilities of the |
district shall vest in and be assumed by the governmental unit |
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assuming the functions of the former district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
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Section 30. The Tuberculosis Sanitarium District Act is |
amended by adding Section 5.3a as follows:
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(70 ILCS 920/5.3a new) |
Sec. 5.3a. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board of directors is in favor of the proposition to |
annex the district to another district whose boundaries are |
contiguous, or consolidate the district into a municipality |
with which the district is coterminous or substantially |
coterminous, or consolidate the district into the county in |
which the district sits, and if the governing authorities of |
the governmental unit assuming the functions of the former |
district agree by resolution to accept the functions (and |
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jurisdiction over the territory, if applicable) of the |
consolidated or annexed district, then the district shall |
cease. On the effective date of the annexation or |
consolidation, all the rights, powers, duties, assets, |
property, liabilities, indebtedness, obligations, bonding |
authority, taxing authority, and responsibilities of the |
district shall vest in and be assumed by the governmental unit |
assuming the functions of the former district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
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Section 35. The Museum District Act is amended by adding |
Section 27 as follows:
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(70 ILCS 1105/27 new) |
Sec. 27. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board of commissioners is in favor of the proposition to |
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annex the district to another district whose boundaries are |
contiguous, or consolidate the district into a municipality |
with which the district is coterminous or substantially |
coterminous, or consolidate the district into the county in |
which the district sits, and if the governing authorities of |
the governmental unit assuming the functions of the former |
district agree by resolution to accept the functions (and |
jurisdiction over the territory, if applicable) of the |
consolidated or annexed district, then the district shall |
cease. On the effective date of the annexation or |
consolidation, all the rights, powers, duties, assets, |
property, liabilities, indebtedness, obligations, bonding |
authority, taxing authority, and responsibilities of the |
district shall vest in and be assumed by the governmental unit |
assuming the functions of the former district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
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Section 40. The Illinois International Port District Act is |
amended by adding Section 28 as follows:
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(70 ILCS 1810/28 new) |
Sec. 28. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the Board is in favor of the proposition to annex the |
district to another district whose boundaries are contiguous, |
or consolidate the district into a municipality with which the |
district is coterminous or substantially coterminous, or |
consolidate the district into the county in which the district |
sits, and if the governing authorities of the governmental unit |
assuming the functions of the former district agree by |
resolution to accept the functions (and jurisdiction over the |
territory, if applicable) of the consolidated or annexed |
district, then the district shall cease. On the effective date |
of the annexation or consolidation, all the rights, powers, |
duties, assets, property, liabilities, indebtedness, |
obligations, bonding authority, taxing authority, and |
responsibilities of the district shall vest in and be assumed |
by the governmental unit assuming the functions of the former |
district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
|
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
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Section 45. The Solid Waste Disposal District Act is |
amended by adding Section 25 as follows:
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(70 ILCS 3105/25 new) |
Sec. 25. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board is in favor of the proposition to annex the |
district to another district whose boundaries are contiguous, |
or consolidate the district into a municipality with which the |
district is coterminous or substantially coterminous, or |
consolidate the district into the county in which the district |
sits if the district contains territory within only one county, |
and if the governing authorities of the governmental unit |
assuming the functions of the former district agree by |
resolution to accept the functions (and jurisdiction over the |
territory, if applicable) of the consolidated or annexed |
district, then the district shall cease. On the effective date |
of the annexation or consolidation, all the rights, powers, |
duties, assets, property, liabilities, indebtedness, |
|
obligations, bonding authority, taxing authority, and |
responsibilities of the district shall vest in and be assumed |
by the governmental unit assuming the functions of the former |
district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
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Section 50. The Street Light District Act is amended by |
adding Section 11 as follows:
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(70 ILCS 3305/11 new) |
Sec. 11. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board of trustees is in favor of the proposition to |
annex the district to another district whose boundaries are |
contiguous, or consolidate the district into a municipality |
with which the district is coterminous or substantially |
coterminous, or consolidate the district into the county in |
|
which the district sits if the district contains territory |
within only one county, and if the governing authorities of the |
governmental unit assuming the functions of the former district |
agree by resolution to accept the functions (and jurisdiction |
over the territory, if applicable) of the consolidated or |
annexed district, then the district shall cease. On the |
effective date of the annexation or consolidation, all the |
rights, powers, duties, assets, property, liabilities, |
indebtedness, obligations, bonding authority, taxing |
authority, and responsibilities of the district shall vest in |
and be assumed by the governmental unit assuming the functions |
of the former district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
|
Section 55. The Surface Water Protection District Act is |
amended by adding Section 25 as follows:
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(70 ILCS 3405/25 new) |
Sec. 25. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board of trustees is in favor of the proposition to |
annex the district to another district whose boundaries are |
contiguous, or consolidate the district into a municipality |
with which the district is coterminous or substantially |
coterminous, or consolidate the district into the county in |
which the district sits if the district contains territory |
within only one county, and if the governing authorities of the |
governmental unit assuming the functions of the former district |
agree by resolution to accept the functions (and jurisdiction |
over the territory, if applicable) of the consolidated or |
annexed district, then the district shall cease. On the |
effective date of the annexation or consolidation, all the |
rights, powers, duties, assets, property, liabilities, |
indebtedness, obligations, bonding authority, taxing |
authority, and responsibilities of the district shall vest in |
and be assumed by the governmental unit assuming the functions |
of the former district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
|
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
|
Section 60. The Water Service District Act is amended by |
adding Section 13 as follows:
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(70 ILCS 3710/13 new) |
Sec. 13. Cessation of district organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board of trustees is in favor of the proposition to |
annex the district to another district whose boundaries are |
contiguous, or consolidate the district into a municipality |
with which the district is coterminous or substantially |
coterminous, or consolidate the district into the county in |
which the district sits if the district contains territory |
within only one county, and if the governing authorities of the |
governmental unit assuming the functions of the former district |
agree by resolution to accept the functions (and jurisdiction |
over the territory, if applicable) of the consolidated or |
annexed district, then the district shall cease. On the |
effective date of the annexation or consolidation, all the |
rights, powers, duties, assets, property, liabilities, |
indebtedness, obligations, bonding authority, taxing |
authority, and responsibilities of the district shall vest in |
|
and be assumed by the governmental unit assuming the functions |
of the former district. |
The employees of the former district shall be transferred |
to the governmental unit assuming the functions of the former |
district. The governmental unit assuming the functions of the |
former district shall exercise the rights and responsibilities |
of the former district with respect to those employees. The |
status and rights of the employees of the former district under |
any applicable contracts or collective bargaining agreements, |
historical representation rights under the Illinois Public |
Labor Relations Act, or under any pension, retirement, or |
annuity plan shall not be affected by this amendatory Act.
|
Section 65. The Water Authorities Act is amended by adding |
Section 28 as follows:
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(70 ILCS 3715/28 new) |
Sec. 28. Cessation of authority organization. |
Notwithstanding any other provision of law, if a majority vote |
of the board of trustees is in favor of the proposition to |
annex the authority to another authority whose boundaries are |
contiguous, or consolidate the authority into a municipality |
with which the authority is coterminous or substantially |
coterminous, or consolidate the authority into the county in |
which the authority sits if the authority contains territory |
within only one county, and if the governing authorities of the |
|
governmental unit assuming the functions of the former |
authority agree by resolution to accept the functions (and |
jurisdiction over the territory, if applicable) of the |
consolidated or annexed authority, then the authority shall |
cease. On the effective date of the annexation or |
consolidation, all the rights, powers, duties, assets, |
property, liabilities, indebtedness, obligations, bonding |
authority, taxing authority, and responsibilities of the |
authority shall vest in and be assumed by the governmental unit |
assuming the functions of the former authority. |
The employees of the former authority shall be transferred |
to the governmental unit assuming the functions of the former |
authority. The governmental unit assuming the functions of the |
former authority shall exercise the rights and |
responsibilities of the former authority with respect to those |
employees. The status and rights of the employees of the former |
authority under any applicable contracts or collective |
bargaining agreements, historical representation rights under |
the Illinois Public Labor Relations Act, or under any pension, |
retirement, or annuity plan shall not be affected by this |
amendatory Act.
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Section 70. The Water Commission Act of 1985 is amended by |
adding Section 2.1 as follows:
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(70 ILCS 3720/2.1 new) |
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Sec. 2.1. Cessation of commission organization. |
Notwithstanding any other provision of law, if a majority vote |
of the water commission is in favor of the proposition to annex |
the commission to another commission whose boundaries are |
contiguous, or consolidate the commission into a municipality |
with which the commission is coterminous or substantially |
coterminous, or consolidate the commission into the county in |
which the commission sits, and if the governing authorities of |
the governmental unit assuming the functions of the former |
commission agree by resolution to accept the functions (and |
jurisdiction over the territory, if applicable) of the |
consolidated or annexed commission, then the commission shall |
cease. On the effective date of the annexation or |
consolidation, all the rights, powers, duties, assets, |
property, liabilities, indebtedness, obligations, bonding |
authority, taxing authority, and responsibilities of the |
commission shall vest in and be assumed by the governmental |
unit assuming the functions of the former commission. |
The employees of the former commission shall be transferred |
to the governmental unit assuming the functions of the former |
commission. The governmental unit assuming the functions of the |
former commission shall exercise the rights and |
responsibilities of the former commission with respect to those |
employees. The status and rights of the employees of the former |
commission under any applicable contracts or collective |
bargaining agreements, historical representation rights under |
|
the Illinois Public Labor Relations Act, or under any pension, |
retirement, or annuity plan shall not be affected by this |
amendatory Act.
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Section 999. Effective date. This Act takes effect upon |
becoming law.
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