Public Act 098-1002
 
HB5785 EnrolledLRB098 15006 JLK 49962 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 10. The Counties Code is amended by adding Section
5-31022 as follows:
 
    (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
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 15. The Cemetery Maintenance District Act is
amended by adding Section 13 as follows:
 
    (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
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 20. The Civic Center Code is amended by adding
Section 2-165 as follows:
 
    (70 ILCS 200/2-165 new)
    Sec. 2-165. Cessation of authority organization.
    (a) Notwithstanding any other provision of law, if a
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
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.
 
    Section 25. The Public Health District Act is amended by
adding Section 26 as follows:
 
    (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
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 30. The Tuberculosis Sanitarium District Act is
amended by adding Section 5.3a as follows:
 
    (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
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 35. The Museum District Act is amended by adding
Section 27 as follows:
 
    (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
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.
 
    Section 40. The Illinois International Port District Act is
amended by adding Section 28 as follows:
 
    (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.
 
    Section 45. The Solid Waste Disposal District Act is
amended by adding Section 25 as follows:
 
    (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.
 
    Section 50. The Street Light District Act is amended by
adding Section 11 as follows:
 
    (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:
 
    (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:
 
    (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:
 
    (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.
 
    Section 70. The Water Commission Act of 1985 is amended by
adding Section 2.1 as follows:
 
    (70 ILCS 3720/2.1 new)
    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.
 
    Section 999. Effective date. This Act takes effect upon
becoming law.