Bill Text: IL SB1015 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. Provides for procedures to fill vacancies occurring in elected county offices and in the offices of elected members of the county board in counties under the county executive form of government. Amends the County Executive Form of Government Division of the Counties Code. Modifies the definition of "county board" and adds the definition of "county board speaker". Provides that the county executive shall control the internal operations of the county executive's office and procure the necessary equipment, materials, and services to perform the duties of that office. Removes a requirement for the advice and consent of the board for county executive hirings (rather than appointments) related to subordinate deputies, employees, and appointees for the general administration of county affairs. Provides that the county executive shall remove or suspend in the discretion of the county executive anyone whom the county executive has the power to hire (rather than appoint), other than officials in an elected office that were appointed to fill a vacancy (currently, shall remove or suspend in the county executive's discretion, after due notice and hearing, anyone whom the county executive has the power to appoint). Provides that, in a county that has adopted the county executive form of government, the county board chairman, chairperson, or chair shall only have those powers and duties set forth in the Division and that any powers and duties vested in a county board chairman, chairperson, or chair in any Illinois statute, other than the Division and specified provisions of the Public Health District Act and Election Code, shall instead be vested in the county executive in those counties that have adopted the county executive form of government. Adds provisions relating to meetings of the county board, speaker of the county board, quorum, omnibus votes, and administering oaths. Replaces male pronouns with gender-neutral terms. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-01-23 - Public Act . . . . . . . . . 102-1120 [SB1015 Detail]
Download: Illinois-2021-SB1015-Introduced.html
Bill Title: Amends the Election Code. Provides for procedures to fill vacancies occurring in elected county offices and in the offices of elected members of the county board in counties under the county executive form of government. Amends the County Executive Form of Government Division of the Counties Code. Modifies the definition of "county board" and adds the definition of "county board speaker". Provides that the county executive shall control the internal operations of the county executive's office and procure the necessary equipment, materials, and services to perform the duties of that office. Removes a requirement for the advice and consent of the board for county executive hirings (rather than appointments) related to subordinate deputies, employees, and appointees for the general administration of county affairs. Provides that the county executive shall remove or suspend in the discretion of the county executive anyone whom the county executive has the power to hire (rather than appoint), other than officials in an elected office that were appointed to fill a vacancy (currently, shall remove or suspend in the county executive's discretion, after due notice and hearing, anyone whom the county executive has the power to appoint). Provides that, in a county that has adopted the county executive form of government, the county board chairman, chairperson, or chair shall only have those powers and duties set forth in the Division and that any powers and duties vested in a county board chairman, chairperson, or chair in any Illinois statute, other than the Division and specified provisions of the Public Health District Act and Election Code, shall instead be vested in the county executive in those counties that have adopted the county executive form of government. Adds provisions relating to meetings of the county board, speaker of the county board, quorum, omnibus votes, and administering oaths. Replaces male pronouns with gender-neutral terms. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-01-23 - Public Act . . . . . . . . . 102-1120 [SB1015 Detail]
Download: Illinois-2021-SB1015-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Public Library District Act of 1991 is | |||||||||||||||||||
5 | amended by changing Section 15-85 as follows:
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6 | (75 ILCS 16/15-85)
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7 | Sec. 15-85. Automatic disconnection from district.
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8 | (a) Any territory within a public library district that
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9 | that is or
has been annexed to a municipality (where that | |||||||||||||||||||
10 | municipality maintains a
public library) is, by operation of | |||||||||||||||||||
11 | law, disconnected from the public
library district as of the | |||||||||||||||||||
12 | January first next after the territory is annexed. | |||||||||||||||||||
13 | (a-5) If at anytime prior to, on, or after the effective | |||||||||||||||||||
14 | date of this amendatory Act of the 96th General Assembly, the | |||||||||||||||||||
15 | City of Springfield, Illinois, annexes territory within the | |||||||||||||||||||
16 | Chatham Area Public Library District, or any successor | |||||||||||||||||||
17 | thereto, for the development and construction of the proposed | |||||||||||||||||||
18 | Hunter Lake to serve as an additional water supply for the City | |||||||||||||||||||
19 | of Springfield and under subsection (a) that territory is | |||||||||||||||||||
20 | disconnected from the Chatham Area Public Library District, | |||||||||||||||||||
21 | then all remaining territory of the Chatham Area Public | |||||||||||||||||||
22 | Library District is nevertheless deemed contiguous for the | |||||||||||||||||||
23 | purposes of this Act. The remaining territory continues to be |
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1 | a part of the Chatham Area Public Library District or any | ||||||
2 | successor thereto.
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3 | (b) A disconnection by operation of law under this Section | ||||||
4 | does not
occur if, within 60 days after the annexation, the | ||||||
5 | public library
district files with the appropriate circuit | ||||||
6 | court a petition alleging that the
disconnection will cause | ||||||
7 | the territory remaining in the district to be
noncontiguous or | ||||||
8 | that the loss of assessed valuation by reason of the
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9 | disconnection will impair the ability of the district to | ||||||
10 | render fully
adequate library service to the territory | ||||||
11 | remaining in the district.
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12 | (c) When a petition is filed under subsection (b), the
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13 | court shall set it for hearing. At the hearing, the district | ||||||
14 | has the
burden of proving the truth of the allegations in its | ||||||
15 | petition. In
determining whether to grant the petition, the | ||||||
16 | court may
consider at least the following factors:
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17 | (i) whether disconnection will cause the territory
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18 | remaining in the district to be noncontiguous;
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19 | (ii) whether the loss of assessed valuation by reason | ||||||
20 | of the disconnection
will impair the ability of the | ||||||
21 | district to render fully adequate library
service to the | ||||||
22 | territory remaining in the district;
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23 | (iii) the convenience of the residents of the
annexed | ||||||
24 | territory and whether a plan exists enabling the residents | ||||||
25 | of the
annexed territory to use either the public library | ||||||
26 | district facilities or
the library facilities of the city, |
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1 | village, or incorporated town to which
the territory has | ||||||
2 | been annexed; and
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3 | (iv) whether the city, village, or incorporated town | ||||||
4 | has annexed any other
territory within the district within | ||||||
5 | the preceding 2 years and the cumulative
effect of those | ||||||
6 | annexations on the financial viability of the district.
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7 | The Court may consider comments by the Illinois State | ||||||
8 | Library, the annexing
municipality and its public library, and | ||||||
9 | the library system or systems to which
the affected libraries | ||||||
10 | belong. This does not create a right of intervention in
these | ||||||
11 | parties.
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12 | (d) After the hearing, the Court may grant the relief it | ||||||
13 | deems
appropriate, including, but not limited to, any of the | ||||||
14 | following: (i)
denial of the disconnection; (ii) disconnection | ||||||
15 | of the territory from the
public library district; (iii) | ||||||
16 | disconnection of the territory from the
public library | ||||||
17 | district in parts over a specific period of time not to exceed
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18 | 5 years; (iv) court approval of a voluntary agreement between | ||||||
19 | the parties
that provides for the sharing of real estate tax | ||||||
20 | revenues from the annexed
territory for a limited period of | ||||||
21 | time not to exceed 5 years unless
extended by mutual agreement | ||||||
22 | of the parties; or (v)
submission of the question of | ||||||
23 | disconnection of the territory to the
electors of the annexed | ||||||
24 | territory at a referendum to be held at the next
general | ||||||
25 | election in accordance with the general election law. The
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26 | proposition at such a referendum shall be in substantially the |
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1 | following form:
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2 | Shall (describe annexed territory) be disconnected | ||||||
3 | from (name of public
library district)?
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4 | If a referendum is held, the result of the election shall | ||||||
5 | be entered of
record in the Court. If a majority of votes cast | ||||||
6 | upon the question in the
annexed territory are for | ||||||
7 | disconnection of the annexed territory from the
public library | ||||||
8 | district, the territory shall be disconnected from the
public | ||||||
9 | library district.
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10 | (e) If there are any general obligation bonds of the | ||||||
11 | public library district
outstanding and unpaid at the time the | ||||||
12 | territory is disconnected from the
public library district by | ||||||
13 | operation of this Section, the disconnected
territory shall | ||||||
14 | remain liable for its proportionate share of that bonded
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15 | indebtedness, and the public library district may continue to | ||||||
16 | levy and extend
taxes upon the taxable property in the | ||||||
17 | territory for the purpose of amortizing
the bonds until | ||||||
18 | sufficient funds to retire the bonds have been collected.
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19 | (f) The county clerk must extend taxes to pay the | ||||||
20 | principal of and
interest
on any general obligation bonds | ||||||
21 | issued to refund any bond described in
subsection (e), as | ||||||
22 | provided in the bond ordinances on file in the office of the
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23 | county clerk, against all taxable property in the district, | ||||||
24 | including taxable
property that was in the district on the | ||||||
25 | date that the bonds being refunded
were issued; provided, | ||||||
26 | however, that (i) the net interest rate on the refunding
bonds |
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1 | may not exceed the net interest rate on the refunded
bonds, | ||||||
2 | (ii) the final maturity date of the refunding bonds may not | ||||||
3 | extend
beyond the final maturity date of the refunded bonds, | ||||||
4 | and (iii) the debt
service payable on the refunding bonds in | ||||||
5 | any year may not exceed the debt
service that would have been | ||||||
6 | payable on the refunded bonds in that year. This
subsection is
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7 | inoperative after June 30, 2002.
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8 | (Source: P.A. 96-249, eff. 8-11-09.)
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