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Public Act 098-1002 |
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: |
(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. |
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 |
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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. |
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 |
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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. |
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 |
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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: |
(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: |
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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: |
(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) |
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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 |