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Public Act 100-0107 | ||||
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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 5. The Election Code is amended by adding Section | ||||
3-7 and by changing Section 28-1 as follows: | ||||
(10 ILCS 5/3-7 new) | ||||
Sec. 3-7. Voters in consolidating and merging townships. | ||||
(a) In the consolidated election where township trustees | ||||
are elected next following the certification of a successful | ||||
referendum to consolidate townships under Article 22 of the | ||||
Township Code, the qualified electors entitled to caucus, vote | ||||
for, be nominated for, and run for offices in the consolidated | ||||
township that is to be formed are those registered voters | ||||
residing in any of the townships identified in the referendum | ||||
as they exist prior to consolidation. | ||||
(b) In the consolidated election where township trustees | ||||
are elected next following the certification of a successful | ||||
referendum to dissolve a township and merge its territory into | ||||
2 adjacent townships under Article 23 of the Township Code, the | ||||
qualified electors entitled to caucus, vote for, be nominated | ||||
for, and run for offices in a receiving township shall also | ||||
include those registered voters residing in the territory of | ||||
the dissolving township described in the resolutions adopted |
under Section 23-10 of the Township Code as the territory to be | ||
merged with the receiving township. For purposes of this | ||
subsection (b) only, "dissolving township" and "receiving | ||
township" have the meaning provided in Section 23-5 of the | ||
Township Code.
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(10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
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Sec. 28-1.
The initiation and submission of all public | ||
questions to
be voted upon by the electors of the State or of | ||
any political
subdivision or district or precinct or | ||
combination of precincts shall be
subject to the provisions of | ||
this Article.
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Questions of public policy which have any legal effect | ||
shall be
submitted to referendum only as authorized by a | ||
statute which so
provides or by the Constitution. Advisory | ||
questions of public policy
shall be submitted to referendum | ||
pursuant to Section 28-5 or pursuant to
a statute which so | ||
provides.
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The method of initiating the submission of a public | ||
question shall be
as provided by the statute authorizing such | ||
public question, or as
provided by the Constitution.
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All public questions shall be initiated, submitted and | ||
printed on the
ballot in the form required by Section 16-7 of | ||
this Act, except as may
otherwise be specified in the statute | ||
authorizing a public question.
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Whenever a statute provides for the initiation of a public |
question
by a petition of electors, the provisions of such | ||
statute shall govern
with respect to the number of signatures | ||
required, the qualifications of
persons entitled to sign the | ||
petition, the contents of the petition, the
officer with whom | ||
the petition must be filed, and the form of the
question to be | ||
submitted. If such statute does not specify any of the
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foregoing petition requirements, the corresponding petition | ||
requirements
of Section 28-6 shall govern such petition.
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Irrespective of the method of initiation, not more than 3 | ||
public
questions other than (a) back door referenda, (b) | ||
referenda to
determine whether a disconnection may take place | ||
where a city coterminous
with a township is proposing to annex | ||
territory from an adjacent township, (c) referenda held under | ||
the provisions of the Property Tax Extension
Limitation Law in | ||
the Property Tax Code, or (d) referenda held under
Section | ||
2-3002 of the Counties Code , or (e) referenda held under | ||
Article 22, 23, or 29 of the Township Code may be submitted to
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referendum with respect to a political
subdivision at the same | ||
election.
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If more than 3 propositions are timely initiated or | ||
certified for
submission at an election with respect to a | ||
political subdivision, the
first 3 validly initiated, by the | ||
filing of a petition or by the
adoption of a resolution or | ||
ordinance of a political subdivision, as the
case may be, shall | ||
be printed on the ballot and submitted at that
election. | ||
However, except as expressly authorized by law not more than
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one proposition to change the form of government of a | ||
municipality
pursuant to Article VII of the Constitution may be | ||
submitted at an
election. If more than one such proposition is | ||
timely initiated or
certified for submission at an election | ||
with respect to a municipality,
the first validly initiated | ||
shall be the one printed on the ballot and
submitted at that | ||
election.
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No public question shall be submitted to the voters of a | ||
political
subdivision at any regularly scheduled election at | ||
which such voters are
not scheduled to cast votes for any | ||
candidates for nomination for, election
to or retention in | ||
public office, except that if, in any existing or proposed
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political subdivision in which the submission of a public | ||
question at a
regularly scheduled election is desired, the | ||
voters of only a portion of
such existing or proposed political | ||
subdivision are not scheduled to cast votes
for nomination for, | ||
election to or retention in public office at such election,
but | ||
the voters in one or more other portions of such existing or | ||
proposed
political subdivision are scheduled to cast votes for | ||
nomination for, election
to or retention in public office at | ||
such election, the public question shall be
voted upon by all | ||
the qualified voters of the entire existing or proposed
| ||
political subdivision at the election.
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Not more than 3 advisory public questions may be submitted | ||
to the
voters of the entire state at a general election. If | ||
more than 3 such advisory
propositions are initiated, the first |
3 timely and validly initiated
shall be the questions printed | ||
on the ballot and submitted at that
election; provided however, | ||
that a question for a proposed amendment to
Article IV of the | ||
Constitution pursuant to Section 3, Article XIV of the
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Constitution, or for a question submitted under the Property | ||
Tax Cap
Referendum Law, shall not be included in the foregoing | ||
limitation.
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(Source: P.A. 93-308, eff. 7-23-03.)
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Section 10. The Counties Code is amended by changing the | ||
heading of Division 2-4, by changing Sections 2-4006, 5-44010, | ||
5-44020, and by adding Section 5-44043 as follows:
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(55 ILCS 5/Div. 2-4 heading) | ||
Division 2-4. Counties not under | ||
Township Organization
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Organized as a Commission | ||
Form of Government
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(55 ILCS 5/2-4006)
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Sec. 2-4006. Terms of commissioners.
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(a) In every county not under
township organization that is | ||
organized as a commission form of government having 3 | ||
commissioners elected at large as described in
subsection (b) | ||
or (c), the commissioners shall be elected as provided in this
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Section.
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(b) In a county in which one commissioner was elected at | ||
the general
election in 1992 to serve for a term of 4 years and | ||
in which 2 commissioners
will be elected at the general | ||
election in 1994, the commissioner elected in
1994 and | ||
receiving the greatest number of votes shall serve for a term | ||
of 6
years. The other commissioner elected in 1994 shall serve | ||
for a term of 4
years. At the general election in 1996 and at | ||
each general election
thereafter, one commissioner shall be | ||
elected to serve for a term of 6 years.
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(c) In a county in which 2 commissioners were elected at | ||
the general
election in 1992 to serve for terms of 4 years and | ||
in which one commissioner
will be elected at the general | ||
election in 1994, the commissioner elected in
1994 shall serve | ||
for a term of 4 years. The commissioner elected in 1996 and
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receiving the greatest number of votes shall serve for a term | ||
of 6 years. The
other commissioner elected in 1996 shall serve | ||
for a term of 4 years. At the
general election in 1998 and at | ||
each general election thereafter, one
commissioner shall be | ||
elected to serve for a term of 6 years. | ||
(c-5) In Calhoun County, Edwards County, and Union County, | ||
the registered voters of the county may, upon referendum
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initiated by (i) the adoption of a resolution of the
board of | ||
county commissioners or (ii) a petition signed by not less than | ||
10% of the registered voters in the county, determine that the | ||
board of
county commissioners shall consist of 5
commissioners | ||
elected at large. The commissioners must certify
the question |
to the proper election authority, which must
submit the | ||
question at an election in accordance with the
general election | ||
law. | ||
The question shall be submitted in substantially the
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following form: | ||
"Shall the board of county commissioners of (county) | ||
consist of 5 commissioners elected at large?" | ||
Votes must be recorded as "Yes" or "No". If a majority of | ||
the electors voting on the question vote in the affirmative, | ||
then a 5-member board of county commissioners shall be | ||
established beginning with the next general election. The | ||
County Clerk, in consultation with the State's Attorney for the | ||
county, shall develop and present to the board of county | ||
commissioners, to implement by the adoption of a resolution, | ||
the transition of terms for the current 3-member board of | ||
commissioners and the addition of 2 commissioners for 6-year | ||
terms. Thereafter, commissioners shall be elected at each | ||
general election to fill expired terms.
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(d) The provisions of this Section do not apply to | ||
commissioners elected
under Section 2-4006.5 of this Code.
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(Source: P.A. 96-175, eff. 8-10-09.)
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(55 ILCS 5/5-44010) | ||
Sec. 5-44010. Applicability. The powers and authorities | ||
provided by this Division 5-44 apply to all counties DuPage, | ||
Lake, and McHenry Counties and units of local government within |
such counties.
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(Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.) | ||
(55 ILCS 5/5-44020) | ||
Sec. 5-44020. Definitions. In this Division 5-44: | ||
"Fire protection jurisdiction" means a fire protection | ||
district, municipal fire department, or service organized | ||
under Section 5-1056.1 of the Counties Code, Sections 195 and | ||
200 of the Township Code, Section 10-2.1 of the Illinois | ||
Municipal Code, or the Illinois Fire Protection District Act. | ||
"Governing board" means the individual or individuals who | ||
constitute the
corporate authorities of a unit of local | ||
government. | ||
"Unit of local government" or "unit" means any unit of | ||
local government located entirely within one county, to which | ||
the county board chairman or county executive directly appoints | ||
a majority of its governing board with the advice and consent | ||
of the county board, but shall not include a fire protection | ||
district that directly employs any regular full-time | ||
employees, a conservation district organized under the | ||
Conservation District Act, or a special district organized | ||
under the Water Commission Act of 1985 , a community mental | ||
health board established under the Community Mental Health | ||
Board Act, or a board established under the County Care for | ||
Persons with Developmental Disabilities Act .
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(Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14; |
99-709, eff. 8-5-16.) | ||
(55 ILCS 5/5-44043 new) | ||
Sec. 5-44043. Rights and obligations of employees. | ||
(a) The status and rights of employees represented by an | ||
exclusive bargaining representative shall not be affected by | ||
the dissolution of a unit of local government under this | ||
Division, except that this subsection does not apply in DuPage, | ||
Lake, and McHenry Counties for actions taken before the | ||
effective date of this amendatory Act of the 100th General | ||
Assembly. | ||
(b) Obligations of the dissolving unit of local government | ||
assumed by the trustee-in-dissolution, county, or governing | ||
body of a special service area include the obligation to honor | ||
representation rights under the Illinois Public Labor | ||
Relations Act and any collective bargaining agreements | ||
existing on the date of dissolution of the unit of local | ||
government. | ||
(c) The rights of employees under any pensions, retirement | ||
plans, or annuity plans existing on the date of dissolution of | ||
the unit of local government are not affected by the | ||
dissolution of a unit of local government under this Division.
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Section 15. The Township Code is amended by adding Articles | ||
22, 23, and 29 and by changing Sections 10-25, 25-15, 25-25, | ||
and 65-20 as follows:
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(60 ILCS 1/10-25)
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Sec. 10-25. Plan for changes in townships.
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(a) The county board of each county may, subject to a | ||
referendum in the
townships affected as provided in this | ||
Section, adopt a plan for altering the
boundaries of townships, | ||
changing township lines, dividing, enlarging, or
consolidating | ||
townships, or creating new townships, so that each township | ||
shall
possess an equalized assessed valuation of not less than | ||
$10,000,000 as of the
1982 assessment year or an area of not | ||
more than 126 square miles .
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(b) No alteration or change in boundaries shall be | ||
effective unless
approved by a referendum in each township | ||
affected. The election authority
shall submit to the voters of | ||
each township affected, at a regular
election to be held not | ||
less than 60 days after the plan is adopted,
the question of | ||
approving the alteration or change. The alterations or changes,
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if approved by the voters, shall take effect on the date of the | ||
next township
election and shall be applicable to that | ||
election. If there is doubt as to the
township clerk with whom | ||
nomination papers for that election should be filed,
the county | ||
board shall designate the clerk. In the alteration of | ||
boundaries, a
county board may not disturb urban or coterminous | ||
townships in existence on
October 1, 1978.
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(Source: P.A. 84-1308; 88-62.)
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(60 ILCS 1/Art. 22 heading new) | ||
ARTICLE 22. CONSOLIDATION OF | ||
MULTIPLE TOWNSHIPS | ||
(60 ILCS 1/22-5 new) | ||
Sec. 22-5. Resolution for consolidation; notice. | ||
(a) Notwithstanding any other provision of law to the | ||
contrary, the township boards of any 2 or more adjacent | ||
townships may, by identical resolutions of each board, propose | ||
consolidation by referendum: (i) into a new township; or (ii) | ||
into an existing township. Each resolution shall include, but | ||
is not limited to, the following: | ||
(1) the name of the proposed new consolidated township | ||
or the name of the existing township into which all | ||
townships will be consolidated; | ||
(2) a description of how each road district or road | ||
districts of a dissolving township shall comply with | ||
subsection (c) of Section 22-20 if a township will be | ||
consolidating into an existing township; | ||
(3) the names of all townships that will be | ||
consolidating and a description of the area of | ||
consolidation; and | ||
(4) the date of the general election at which the | ||
referendum shall be held. | ||
All resolutions shall be passed not less than 79 days | ||
before the general election stated in the resolutions. For |
purposes of this Section, 3 or more townships are adjacent when | ||
each township shares a boundary with at least one of the other | ||
townships which are to be consolidated. | ||
(b) Before passing a resolution under subsection (a), each | ||
township board shall hold a public hearing on those matters | ||
after notice of the hearing has been published on the main page | ||
of the townships' websites, if any, and in a newspaper having a | ||
general circulation in the townships affected. The notice shall | ||
be published at least 30 days before the date of the hearing. | ||
The notice shall contain, at a minimum, the name of all | ||
townships that will be consolidating and a description of the | ||
area of consolidation. | ||
(60 ILCS 1/22-10 new) | ||
Sec. 22-10. Referendum. | ||
(a) Upon the adoption of resolutions under Section 22-5 by | ||
each township, the township boards shall certify the question | ||
to the election authority and the authority shall cause to be | ||
submitted to the voters of each township at the general | ||
election specified in the resolutions a referendum to | ||
consolidate the townships. The referendum shall be | ||
substantially in the following form: | ||
Shall (names of townships) be consolidated into [a new | ||
township called (name of proposed consolidated | ||
township)/the township of (name of existing township)]? | ||
The votes shall be recorded as "Yes" or "No". |
The referendum is approved when a majority of the voters, | ||
in each of the affected townships, approve the referendum. | ||
(b) Before a referendum appears on the ballot under | ||
subsection (a), each township board shall publish a copy of the | ||
adopted resolution on the main page of the townships' websites, | ||
if any, and in a newspaper having a general circulation in each | ||
of the townships affected. The notice shall be published at | ||
least 30 days before the date of the general election in which | ||
the referendum will appear. | ||
Each township board shall additionally mail a copy of the | ||
adopted resolution, along with a copy of the referendum | ||
language and a list of all taxes levied for general township | ||
purposes in the affected townships, to every registered voter | ||
in each township affected. The notice shall be mailed at least | ||
30 days before the date of the general election in which the | ||
referendum will appear. | ||
(c) Notwithstanding any provision of law to the contrary, | ||
no tax rate may be extended for any fund of the consolidated | ||
district for the first levy year of the consolidated district | ||
that exceeds any statutory maximum set forth for that fund, | ||
unless the referendum also conforms to the requirements of the | ||
Property Tax Extension Limitation Law or other statutory | ||
provision setting forth that limitation. | ||
(60 ILCS 1/22-15 new) | ||
Sec. 22-15. Transition. Notwithstanding any other |
provision of law to the contrary, upon the approval of a | ||
referendum under Section 22-10: | ||
(a) There shall be no further nominations or elections for | ||
clerks, assessors, collectors, highway commissioners, | ||
supervisors, or trustees of any of the separate townships or | ||
highway commissions, and the terms of all such officers | ||
currently serving shall continue until the third Monday of May | ||
of the year in which township officials are elected next | ||
following the approval of a referendum under Section 22-10. | ||
(b) A Transition Township Board is formed and is composed | ||
of the members of the separate townships boards. The Transition | ||
Township Board has only the following powers: (1) to propose | ||
and approve the compensation of all officials of the | ||
consolidated township that will be elected at the consolidated | ||
election next following the passage of the referendum under | ||
Section 22-10; and (2) to propose and approve additional debt | ||
to be taken on by any of the separate townships. | ||
(c) The Transition Township Board shall hold a public | ||
hearing no later than the last Tuesday in December before the | ||
consolidated township board of trustees are elected next | ||
following the approval of a referendum under Section 22-10. If | ||
the Board cannot agree on the compensation for an official by | ||
the first Tuesday in April before the consolidated election of | ||
township officials next following the approval of a referendum | ||
under Section 22-10, then the compensation for that official | ||
shall be equal to the lowest compensation for the same office |
between the separate townships in the preceding calendar year. | ||
(d) The separate townships shall not incur any additional | ||
debt without the approval of the Transition Township Board. For | ||
purposes of this Section, "debt" has the meaning ascribed to | ||
that term in Section 23-5. | ||
(e) Section 3-7 of the Election Code shall govern those | ||
individuals entitled to caucus, vote for, be nominated for, and | ||
run for offices for the consolidated township at the | ||
consolidated election of township officials next following the | ||
approval of a referendum under Section 22-10. | ||
(60 ILCS 1/22-20 new) | ||
Sec. 22-20. Consolidated township. | ||
(a) On the third Monday of May of the year in which | ||
township officials are elected following the approval of a | ||
referendum under Section 22-10, the following shall occur: | ||
(1) the separate townships cease and the consolidated | ||
township is created; | ||
(2) all rights, powers, duties, assets, and property, | ||
together with all personnel, contractual obligations, | ||
other obligations, responsibilities, and liabilities of | ||
the separate townships are transferred to the consolidated | ||
township; those rights include, but are not limited to, the | ||
authority to continue to collect, receive, and expend the | ||
proceeds of any tax levied by any of the separate townships | ||
prior to the creation of the consolidated township without |
an additional ordinance, resolution, or referendum; the | ||
proceeds of any tax levied by any of the separate townships | ||
prior to the creation of the consolidated township shall be | ||
expended or disposed of by the consolidated township in the | ||
same manner as such assessments might have been expended or | ||
disposed of by the separate townships; however, if the | ||
consolidated township board determines that there is a | ||
surplus in the fund for general township purposes on | ||
December 31 of the calendar year in which the consolidation | ||
occurs, then any portion of the surplus that is solely | ||
attributable to the consolidation shall be refunded to the | ||
owners of record of taxable property within the | ||
consolidated district on a pro rata basis; and | ||
(3) road districts located within the separate | ||
townships are abolished. | ||
(b) When a new township is created, a new road district | ||
encompassing the consolidated township is created. All the | ||
rights, powers, duties, assets, property, liabilities, | ||
obligations, and responsibilities of the separate road | ||
districts shall vest in and be assumed by the new road district | ||
as provided for in the resolutions adopted under Section 22-5. | ||
The new township board of trustees shall exercise the taxing | ||
authority of a road district abolished under this Section. The | ||
highway commissioners of the abolished road districts shall | ||
cease to hold office on the date the road district is | ||
abolished. The new township board shall exercise all duties and |
responsibilities of the highway commissioner as provided in the | ||
Illinois Highway Code. For purposes of distribution of revenue, | ||
the new township shall assume the powers, duties, and | ||
obligations of the road district of the dissolving road | ||
district. The new township board may enter into a contract with | ||
the county, a municipality, or a private contractor
to | ||
administer the roads under the new road district. | ||
(c) When a township consolidates into an existing township, | ||
all the rights, powers, duties, assets, property, liabilities, | ||
obligations, and responsibilities of the abolished road | ||
districts shall vest in and be assumed by the existing | ||
township's road district as provided for in the resolutions | ||
adopted under Section 22-5. The consolidated township board of | ||
trustees shall exercise the taxing authority of a road district | ||
abolished under this Section. Highway commissioners of the | ||
abolished road districts shall cease to hold office on the date | ||
the road district is abolished. The consolidated township shall | ||
exercise all duties and responsibilities of the highway | ||
commissioner as provided in the Illinois Highway Code. For | ||
purposes of distribution of revenue, the existing township's | ||
road district or districts shall assume the powers, duties, and | ||
obligations of the road district of the dissolving road | ||
district. | ||
(60 ILCS 1/Art. 23 heading new) | ||
ARTICLE 23. MERGER OF A SINGLE |
TOWNSHIP INTO 2 OTHER TOWNSHIPS | ||
(60 ILCS 1/23-5 new) | ||
Sec. 23-5. Definitions. As used in this Article: | ||
"Dissolving road district" means a road district in a | ||
dissolving township, which is dissolved under subsection (c) of | ||
Section 23-25. | ||
"Dissolving township" means a township which is proposed to | ||
be dissolved into and be merged with 2 other adjacent | ||
townships. | ||
"Equalized assessed value" has the meaning provided in | ||
Section 18-213 of the Property Tax Code. | ||
"Debt" means indebtedness incurred by a dissolving | ||
township including, but not limited to, mortgages, judgments, | ||
and moneys due through the issuance and sale of bonds, or | ||
through an equivalent manner of borrowing for which notes or | ||
other evidences of indebtedness are issued fixing the amount of | ||
principal and interest from time to time payable to retire the | ||
indebtedness. | ||
"Receiving township" means a township into which a portion | ||
of the dissolving township will be merged. | ||
(60 ILCS 1/23-10 new) | ||
Sec. 23-10. Resolution for merger; notice. | ||
(a) Notwithstanding any other provision of law to the | ||
contrary, the township boards of any 3 adjacent townships may, |
by identical resolutions of each board, propose that a township | ||
which borders the other 2 townships be dissolved by referendum | ||
and all rights, powers, duties, assets, and property, together | ||
with all personnel, contractual obligations, other | ||
obligations, responsibilities, and liabilities of the | ||
dissolving township transferred to the receiving townships. | ||
Each resolution shall include, but is not limited to, the | ||
following: | ||
(1) a legal description of the former territory of the | ||
dissolving township each receiving township will take upon | ||
the dissolution of the dissolving township; | ||
(2) a description of how all assets and property, | ||
together with all personnel, contractual obligations, | ||
other obligations, responsibilities, and liabilities of | ||
the dissolving township will be transferred to the | ||
receiving townships; | ||
(3) the tax rates for general township purposes for the | ||
immediately preceding levy year, as extended and collected | ||
in the year in which the resolution is adopted, for the | ||
dissolving township and each receiving township; | ||
(4) a description and amount of all debt each receiving | ||
township shall assume after the dissolving township | ||
dissolves. The debt shall be assumed by each receiving | ||
township in equal proportion to the equalized assessed | ||
value of the land and property that will be received by | ||
each receiving township from the dissolving township |
unless otherwise agreed to in the resolutions; | ||
(5) a description of how each road district or road | ||
districts of a dissolving township shall comply with | ||
subsection (c) of Section 23-25; and | ||
(6) the date of the general election at which the | ||
referendum shall be held. | ||
All resolutions shall be passed not less than 79 days | ||
before the general election stated in the resolutions. | ||
(b) Before passing a resolution under this Section, each | ||
township board shall hold a public hearing on those matters | ||
after notice of the hearing has been published on the main page | ||
of the townships' websites, if any, and in a newspaper having a | ||
general circulation in the townships affected. The notice shall | ||
be published at least 30 days before the date of the hearing. | ||
The notice shall contain, at a minimum, the name of the | ||
dissolving township and receiving townships and a description | ||
of the area each receiving township will receive from the | ||
dissolving township. | ||
(60 ILCS 1/23-15 new) | ||
Sec. 23-15. Referendum and notices. | ||
(a) Upon the adoption of resolutions under Section 23-10 by | ||
all townships, the township boards shall certify the question | ||
to the election authority and the authority shall cause to be | ||
submitted to the voters of all townships at the general | ||
election specified in the resolutions a referendum to |
consolidate the townships. The referendum shall be | ||
substantially in the following form: | ||
Shall (name of dissolving township) be dissolved into | ||
(names of receiving townships)? | ||
The votes shall be recorded as "Yes" or "No". | ||
The referendum is approved when a majority of the voters, | ||
in each of the affected townships, approve the referendum. | ||
(b) Before a referendum appears on the ballot under | ||
subsection (a), the township boards shall publish a copy of the | ||
adopted resolution on the main page of the townships' websites, | ||
if any, and in a newspaper having a general circulation in each | ||
of the townships affected. The notice shall be published at | ||
least 30 days before the date of the general election. | ||
Each township board shall additionally mail a copy of the | ||
adopted resolution, along with a copy of the referendum | ||
language and a list of all taxes levied for general township | ||
purposes in the affected townships, to every registered voter | ||
in each township affected. The notice shall be mailed at least | ||
30 days before the date of the general election in which the | ||
referendum will appear. | ||
(c) Notwithstanding any provision of law to the contrary, | ||
no tax rate may be extended for any fund of the consolidated | ||
district for the first levy year of the consolidated district | ||
that exceeds any statutory maximum set forth for that fund, | ||
unless the referendum also conforms to the requirements of the | ||
Property Tax Extension Limitation Law or other statutory |
provision setting forth that limitation. | ||
(60 ILCS 1/23-20 new) | ||
Sec. 23-20. Transition. | ||
(a) Notwithstanding any other provision of law to the | ||
contrary, upon the approval of a referendum under Section | ||
23-15: | ||
(1) there shall be no further nominations or elections | ||
for clerks, assessors, collectors, highway commissioners, | ||
supervisors, or trustees of the dissolving township or | ||
highway commissions and the terms of all such officers | ||
currently serving shall continue until the third Monday of | ||
May of the year in which township officials are elected | ||
following the approval of a referendum under Section 23-15; | ||
(2) a Transition Township Board is formed for each | ||
receiving township. Each Transition Township Board shall | ||
be composed of the members of the dissolving township | ||
boards plus the members of the receiving township board. | ||
The Transition Township Board shall only have authority to | ||
do the following under paragraphs (3) and (4) of this | ||
Section: provide for the compensation for all receiving | ||
township officials that will be elected at the consolidated | ||
election next following the approval of a referendum under | ||
Section 23-15; and approving additional debt to be taken on | ||
by the dissolving township; | ||
(3) each Transition Township Board shall hold a public |
meeting no later than the first Tuesday in April before the | ||
receiving townships' boards of trustees are elected at the | ||
consolidated election next following the approval of a | ||
referendum under Section 23-15. At this public meeting, the | ||
Transition Township Board shall provide for the | ||
compensation for all township officials that will be | ||
elected at the consolidated election. If the Board cannot | ||
agree on the compensation for an official, then the | ||
compensation for the same office between the receiving and | ||
dissolving townships shall be the lower compensation for | ||
the office in the dissolving township or receiving | ||
township; | ||
(4) the dissolving township shall not incur any | ||
additional debt without the approval of the Transition | ||
Township Board of each receiving township that would assume | ||
such debt after dissolution of the dissolving township; and | ||
(5) Section 3-7 of the Election Code shall govern those | ||
individuals entitled to caucus, vote for, be nominated for, | ||
and run for offices for the receiving townships at the | ||
consolidated election of township officials next following | ||
the approval of a referendum under Section 23-15. | ||
(b) Upon the approval of a referendum under Section 23-15, | ||
the receiving townships may enter into an intergovernmental | ||
agreement under the Intergovernmental Cooperation Act for any | ||
lawful purpose relating to the land or property contained in | ||
the dissolving township after the township is dissolved. |
(60 ILCS 1/23-25 new) | ||
Sec. 23-25. Merged township. On the third Monday of May of | ||
the year in which township officials are elected following the | ||
approval of a referendum under Section 23-15, the following | ||
shall occur: | ||
(a) The dissolving township ceases. | ||
(b) All rights, powers, duties, assets, and property, | ||
together with all personnel, contractual obligations, | ||
other obligations, responsibilities, and liabilities of | ||
the dissolving township are transferred to the receiving | ||
townships as provided in the resolution adopted under | ||
Section 23-10. The rights include, but are not limited to, | ||
the authority to continue to collect and receive any tax | ||
levied prior to the creation of the merged townships | ||
without an additional ordinance, resolution, or | ||
referendum. | ||
(c) Road districts located within the dissolving | ||
township are abolished and all the rights, powers, duties, | ||
assets, property, liabilities, obligations, and | ||
responsibilities of the dissolving road districts shall | ||
vest in and be assumed by the receiving townships' road | ||
districts as provided for in the resolutions adopted under | ||
Section 23-10; the boards of trustees of the receiving | ||
townships shall exercise the taxing authority of a road | ||
district dissolved under this Section and shall exercise |
all duties and responsibilities of the highway | ||
commissioner as provided in the Illinois Highway Code | ||
unless a road district in the receiving township has a | ||
highway commissioner who shall assume all duties and | ||
responsibilities of the highway commissioner of the | ||
dissolving road districts if so resolved by the receiving | ||
township board; highway commissioners of the dissolving | ||
road districts shall cease to hold office on the date the | ||
road district is abolished; and for purposes of | ||
distribution of revenue, the receiving townships' road | ||
districts, or the township board if no road districts | ||
exist, shall assume the powers, duties, and obligations of | ||
the dissolving road district.
| ||
(60 ILCS 1/25-15)
| ||
Sec. 25-15. Selection of county governing body; election | ||
Election of county commissioners . When township organization
| ||
ceases in any county as provided in this Article, the county | ||
board may by ordinance or resolution restructure into a | ||
commission form of government on or before 180 days after a | ||
township organization ceases. If the county board votes to | ||
assume a commission form of government, an election shall be | ||
held in
the county at the next general election in an | ||
even-numbered year for 3 county
commissioners who shall hold | ||
office for 2, 4, and 6 years, respectively, and
until their | ||
successors are elected and qualified. Terms shall be determined |
by
lot. At each succeeding general election after the first, | ||
one commissioner
shall be elected.
| ||
(Source: P.A. 82-783; 88-62.)
| ||
(60 ILCS 1/25-25)
| ||
Sec. 25-25. Disposal of township records and property. When | ||
township
organization is discontinued in any county, the | ||
records of the several
townships shall be deposited in the | ||
county clerk's office. The county
board or board of county | ||
commissioners of the county may close up all unfinished | ||
business of the several
townships and sell or and dispose of | ||
any of the property belonging to a township
for the benefit of | ||
the inhabitants of the township, as fully as might have been
| ||
done by the townships themselves. The county board or board of | ||
county commissioners may pay all the
indebtedness of any | ||
township existing at the time of the discontinuance of
township | ||
organization and cause the amount of the indebtedness, or so | ||
much as
may be necessary, to be levied upon the property of the | ||
township.
| ||
(Source: P.A. 82-783; 88-62.)
| ||
(60 ILCS 1/Art. 29 heading new) | ||
ARTICLE 29. DISCONTINUANCE OF | ||
TOWNSHIP WITHIN COTERMINOUS | ||
MUNICIPALITY: ALL TOWNSHIPS |
(60 ILCS 1/29-5 new) | ||
Sec. 29-5. Resolutions to discontinue and abolish a | ||
township. The township board and the corporate authorities of a | ||
coterminous, or substantially coterminous, municipality may by | ||
resolutions of the board and corporate authorities, and after | ||
referendum of the voters of the township and municipality: (1) | ||
discontinue and abolish the township; (2) transfer all the | ||
rights, powers, duties, assets, property, liabilities, | ||
obligations, and responsibilities of the township to the | ||
municipality; and (3) cease and dissolve all township road | ||
districts with the district's jurisdiction and authority | ||
transferred to the municipality upon the dissolution of the | ||
township. | ||
(60 ILCS 1/29-10 new) | ||
Sec. 29-10. Notice. | ||
(a) Before passing resolutions under Section 29-5, the | ||
township board and the corporate authorities of the | ||
municipality shall hold public hearings on those matters after | ||
notice of the hearing has been published on the main page of | ||
the respective entities' websites, if any, and in a newspaper | ||
having general circulation in the township and municipality. | ||
The notice shall be published at least 30 days before the date | ||
of the hearing. | ||
(b) Before a referendum is placed on the ballot under | ||
Section 29-15, each township board shall publish a copy of the |
resolution adopted under Section 29-5 on the main page of the | ||
respective entities' websites, if any, and in a newspaper of | ||
general circulation in the township and municipality affected. | ||
The notice shall be published at least 30 days before the date | ||
of the general election in which the referendum will appear. | ||
Each township board shall additionally mail a copy of the | ||
adopted resolution, along with a copy of the referendum | ||
language, the date the referendum will appear, and a list of | ||
all taxes levied in the affected townships, to every registered | ||
voter in each township affected. The notice shall be mailed at | ||
least 30 days before the date of the election in which the | ||
referendum will appear. | ||
(60 ILCS 1/29-15 new) | ||
Sec. 29-15. Referendum for cessation of township. Upon the | ||
adoption of resolutions under Section 29-5 by both the township | ||
and municipality, the township board and corporate authorities | ||
of the municipality shall certify the question to the election | ||
authority and the authority shall cause to be submitted to the | ||
voters of the township and municipality at the next election a | ||
referendum to discontinue the township and to transfer all the | ||
rights, powers, duties, assets, property, liabilities, | ||
obligations, and responsibilities of the township to the | ||
municipality. The referendum shall be substantially in the | ||
following form: | ||
Shall the Township of (name
of township) cease? |
The votes shall be recorded as "Yes" or "No". The | ||
referendum is approved when a majority of the voters, in both | ||
the township and municipality, approve the referendum. | ||
If the referendum is approved, there shall be no further | ||
nominations or elections for clerks, assessors, collectors, | ||
highway commissioners, supervisors, or trustees of the | ||
township or highway commission, and the terms of all such | ||
officers currently serving shall continue until the third | ||
Monday of May of the year of the consolidated election in which | ||
township officials are elected next following the approval of a | ||
referendum under this Section. | ||
(60 ILCS 1/29-20 new) | ||
Sec. 29-20. Cessation of township. On the third Monday in | ||
May in the year of the consolidated election in which township | ||
officials are elected next following the approval of a | ||
referendum under Section 29-15: | ||
(1) the township is discontinued and abolished and all | ||
the rights, powers, duties, assets, property, liabilities, | ||
obligations, and responsibilities of the township shall | ||
vest in and be assumed by the municipality, including the | ||
authority to levy property taxes for township purposes in | ||
the same manner as the dissolved township without an | ||
additional ordinance, resolution, or referendum; | ||
(2) all township officers shall cease to hold office; | ||
(3) the municipality shall exercise all duties and |
responsibilities of the township officers as provided in | ||
the Township Code, the Illinois Public Aid Code, the | ||
Property Tax Code, and the Illinois Highway Code, as | ||
applicable. The municipality may enter into an | ||
intergovernmental agreement with the county or the State to | ||
administer the duties and responsibilities of the township | ||
officers for services under its jurisdiction; and | ||
(4) any road district located within the township is | ||
abolished and its jurisdiction, rights, powers, duties, | ||
assets, property, liabilities, obligations, and | ||
responsibilities shall vest in and be assumed by the | ||
municipality and the highway commissioner of the abolished | ||
road district shall cease to hold office. The corporate | ||
authorities of the municipality shall: exercise the taxing | ||
authority of a road district abolished under this Section; | ||
exercise all duties and responsibilities of the highway | ||
commissioner as provided in the Illinois Highway Code; and | ||
for purposes of distribution of revenue, assume the powers, | ||
duties, and obligations of the road district in the | ||
discontinued township. The corporate authorities of a | ||
municipality may enter into an intergovernmental agreement | ||
or a contract with the county, another municipality, or a | ||
private contractor to administer the roads which were under | ||
the jurisdiction of the abolished road district. | ||
(60 ILCS 1/29-25 new) |
Sec. 29-25. Business, records, and property of | ||
discontinued township. The records of a township discontinued | ||
under this Article shall be deposited in the municipality's | ||
city clerk's office. The municipality may close up all | ||
unfinished business of the township and sell and dispose of any | ||
of the property belonging to the township for benefit of the | ||
inhabitants of the municipality.
| ||
(60 ILCS 1/65-20)
| ||
Sec. 65-20. Road district treasurer; new township; | ||
multi-township
officers. | ||
(a) Compensation of township officers shall be set by the | ||
township board
at least 180 days before the beginning of the | ||
terms of officers,
including compensation of the road district | ||
treasurer, which shall be not less
than $100 or more than | ||
$1,000 per year.
Compensation of a township assessor and | ||
collector shall be set at the same
time as the compensation of | ||
the township supervisor. Compensation of a
multi-township | ||
assessor shall be set at least 150 days before his or her
| ||
election.
| ||
(b) The compensation to be paid to each officer in a new | ||
township
established under Section 10-25 shall be determined | ||
under this Section by
the township board of the township the | ||
whole or a part of which
comprises the new township and that | ||
has the highest equalized assessed
valuation (as of December | ||
31, 1972) of the old townships that comprise the new
township.
|
(c) At least 150 days before the
election of multi-township | ||
officers, the multi-township board may establish
additional | ||
pay of those board members for their services in an amount not | ||
to
exceed $25 per day for each day of services.
| ||
(d) For the first term of a township consolidated or merged | ||
under Article 22 or 23, compensation for township officers of | ||
the consolidated or merged township shall be set by the | ||
Transition Township Board no later than the first day in April | ||
before the consolidated election at which the township officers | ||
are to be elected. | ||
(Source: P.A. 90-210, eff. 7-25-97.)
| ||
Section 20. The Home Equity Assurance Act is amended by | ||
changing Sections 4 and 5 and by adding Section 21 as follows:
| ||
(65 ILCS 95/4) (from Ch. 24, par. 1604)
| ||
Sec. 4. Creation of Commission. | ||
(a) Whenever in a municipality with
more than 1,000,000 | ||
inhabitants, the question of creating a home equity
program | ||
within a contiguous territory included entirely within
the | ||
municipality is initiated by resolution or ordinance
of the | ||
corporate authorities of the municipality or by a petition
| ||
signed by not less than 10% of the total number of registered | ||
voters of
each precinct in the territory, the registered voters | ||
of
which are eligible to sign the petition, it shall be
the | ||
duty of the election authority having jurisdiction over such
|
municipality to submit the question of creating a home equity | ||
program to
the electors of each precinct within
the territory | ||
at the regular election specified in the resolution,
ordinance | ||
or petition initiating the question. If the question is
| ||
initiated by petition and if the requisite number of signatures | ||
is not
obtained in any precinct included within the territory | ||
described in the
petition, then the petition shall be valid as | ||
to the territory encompassed by those
precincts for which the | ||
requisite number of signatures is obtained and any
such | ||
precinct for which the requisite number of signatures is not | ||
obtained
shall be excluded from the territory. A petition | ||
initiating a
question described in this Section shall be filed | ||
with the election
authority having jurisdiction over the | ||
municipality. The petition
shall be filed and objections | ||
thereto shall be made in the manner provided
in the general | ||
election law. A resolution, ordinance, or petition
initiating a | ||
question described in this Section shall specify the election
| ||
at which the question is to be submitted. The referendum on | ||
such question
shall be held in accordance with general election | ||
law. Such
question, and the resolution, ordinance, or petition | ||
initiating the
question, shall include a description of the | ||
territory, the name of the
proposed home equity program, and | ||
the maximum rate at which the home
equity program shall be able | ||
to levy a property tax. All
of that area within the geographic | ||
boundaries of the territory described in
such question shall be | ||
included in the program, and no area outside the
geographic |
boundaries of the territory described in such question shall be
| ||
included in the program. If the election authority determines | ||
that the
description cannot be included within the space | ||
limitations of the ballot,
the election authority shall prepare | ||
large printed copies of a notice of
the question, which shall | ||
be prominently displayed in the polling place of
each precinct | ||
in which the question is to be submitted.
| ||
(b) Whenever a majority of the voters on such public | ||
question approve the
creation of a home equity program as | ||
certified by the proper election
authorities, the mayor of the | ||
municipality shall appoint, with the consent
of the corporate | ||
authorities, 9 individuals, to be known as commissioners,
to | ||
serve as the governing body of the home equity program. The | ||
mayor
shall choose 7 of the 9 individuals to be appointed to | ||
the governing
commission from nominees submitted by a community | ||
organization or community
organizations as defined in this Act. | ||
A community organization may
recommend up to 20 individuals to | ||
serve on a governing commission. Beginning after the effective | ||
date of this amendatory Act of the 100th General Assembly, a | ||
home equity commission shall consist of 7 commissioners; | ||
however, the 9 commissioners serving on a governing commission | ||
on the effective date of this amendatory Act of the 100th | ||
General Assembly shall be allowed to finish their current terms | ||
of service. Thereafter, the number of commissioners shall be | ||
reduced to 7.
| ||
No fewer than 5 commissioners serving at any one time shall |
reside
within the territory of the program. Beginning after the | ||
effective date of this amendatory Act of the 100th General | ||
Assembly, and upon the number of commissioners being reduced to | ||
7, no fewer than 4 commissioners serving at any one time shall | ||
reside within the territory of the program.
| ||
Upon the initial appointment of 7 commissioners to creation | ||
of a governing commission under the provisions of this | ||
amendatory Act of the 100th General Assembly , the terms of the | ||
initial
commissioners shall be as follows: one 3 shall serve
| ||
for one year, 3 shall serve for 2 years, and 3 shall serve for 3
| ||
years and until a successor is appointed and qualified. All
| ||
succeeding terms shall be for 3 years, or until a successor is | ||
appointed
or qualified.
Commissioners shall serve without | ||
compensation except for reimbursement for
reasonable expenses | ||
incurred in the performance of duties as a
commissioner. A | ||
vacancy in the office of a member of a commission shall be
| ||
filled in like manner as an original appointment.
| ||
All proceedings and meetings of the governing commission | ||
shall be
conducted in accordance with the provisions of the | ||
Open Meetings Act,
as now or hereafter amended.
| ||
(Source: P.A. 93-709, eff. 7-9-04.)
| ||
(65 ILCS 95/5) (from Ch. 24, par. 1605)
| ||
Sec. 5. Duties and Functions of Commission. The duties and | ||
functions
of the governing commission of a Home Equity Program | ||
shall include the following:
|
(a) To conduct or supervise the day-to-day operation of the | ||
program,
including but not limited to the administration of | ||
homeowner applications
for participation in the program and | ||
homeowner claims against the guarantee fund.
| ||
(b) To establish policies, rules, regulations, bylaws, and | ||
procedures
for both the governing commission and the program. | ||
No policies, rules,
regulations, or bylaws shall be adopted by | ||
the governing commission
without prior notice to the residents | ||
of the territory of a program and an
opportunity for such | ||
residents to be heard.
| ||
(c) To provide annual status reports on the program to the | ||
mayor and
corporate authorities of the municipality.
| ||
(d) To establish guaranteed value standards which are | ||
directly linked to
the program appraisal, to approve guarantee | ||
values,
to establish requirements for program appraisers | ||
consistent with subsection
(p) of Section 3. In no event shall | ||
the program guidelines adopted by the governing
commission | ||
provide for selecting appraisers based on criteria other than
| ||
the quality and timeliness of the appraisals provided to the | ||
governing commission.
| ||
(e) To manage, administer, and invest the guarantee fund.
| ||
(f) To liquidate acquired assets to maintain the guarantee | ||
fund.
| ||
(g) To participate in arbitration required under the | ||
program and to
subpoena all necessary persons, parties, or | ||
documents required to proceed
with such arbitration.
|
(h) To employ necessary personnel, acquire necessary | ||
office space, enter
into contractual relationships and | ||
disburse funds in accordance with the
provisions of this Act. A | ||
governing commission may employ full-time or part-time | ||
employees.
| ||
(i) To perform such other functions in connection with the | ||
program and
the guarantee fund as required under this Act.
| ||
(Source: P.A. 85-1044.)
| ||
(65 ILCS 95/21 new) | ||
Sec. 21. Tax Reimbursement Program. A governing | ||
commission, with no less than $4,000,000 unencumbered funds in | ||
its guarantee fund, may, if authorized by resolution of the | ||
governing commission upon approval by two-thirds of the | ||
commissioners, establish a Tax Reimbursement Program to make | ||
reimbursements to each applicable taxpayer for an amount of no | ||
more than the total of their pro rata share of the annual levy | ||
imposed by the commission. Prior to authorizing a reimbursement | ||
program, an independent licensed public accountant not | ||
connected with the commission or any entity conducting business | ||
with the commission shall audit the commission and the proposal | ||
for the program. The commission may create a program if the | ||
independent licensed public accountant determines that such a | ||
program will not reduce the balance of the guarantee fund to | ||
less than $3,000,000. For the purposes of this Section, | ||
"applicable taxpayer" means the owner of record that paid the |
tax levied on property in accordance with Section 11 of this | ||
Act. | ||
Section 25. The Street Light District Act is amended by | ||
changing Section 11 as follows: | ||
(70 ILCS 3305/11) | ||
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, or consolidate the district into the | ||
township in which the district sits if the entire district is | ||
located within the district, 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.
| ||
(Source: P.A. 98-1002, eff. 8-18-14.) | ||
Section 30. The Illinois Highway Code is amended by | ||
changing Sections 6-130 and 6-133 and by adding Section 6-135 | ||
as follows:
| ||
(605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
| ||
Sec. 6-130. Road district abolishment. Notwithstanding any | ||
other provision of this Act to the contrary,
no
township road | ||
district may continue in existence if the roads forming a
part | ||
of the district do not exceed a total of 4 miles in length as | ||
determined by the county engineer or county superintendent of | ||
highways . For purposes of this Section, the roads forming a | ||
part of a township road district include those roads maintained |
by the district, regardless of whether or not those roads are | ||||||||||||
owned by the township. On the
first Tuesday in April of 1975, | ||||||||||||
or of any subsequent year next succeeding
the reduction of a | ||||||||||||
township road system to a total mileage of 4 miles or
less, | ||||||||||||
each such township road district shall, by operation of law, be
| ||||||||||||
abolished. The roads comprising that district at that time | ||||||||||||
shall thereafter
be administered by the township board of | ||||||||||||
trustees by contracting with the
county, a municipality or a | ||||||||||||
private contractor. The township board of trustees
shall assume | ||||||||||||
all taxing authority of a township road district abolished | ||||||||||||
under
this Section.
| ||||||||||||
(Source: P.A. 94-884, eff. 6-20-06.)
| ||||||||||||
(605 ILCS 5/6-133) | ||||||||||||
Sec. 6-133. Abolishing a road district in Cook County. By | ||||||||||||
resolution, the board of trustees of any township located in | ||||||||||||
Cook County, Illinois, may submit a proposition to abolish the | ||||||||||||
road district of that township to the electors of that township
| ||||||||||||
at a general election or consolidated election in accordance | ||||||||||||
with the general election law. The
ballot shall be in | ||||||||||||
substantially the following form: | ||||||||||||
|
| |||||||||||
In the event that a majority of the electors voting on such | |||||||||||
proposition are in favor thereof, then
the road district shall | |||||||||||
be abolished by operation of law effective on January 1 of the | |||||||||||
calendar
year immediately following the calendar year in which | |||||||||||
the proposition was approved by the
electors or on the date the | |||||||||||
term of the highway commissioner in office at the time the | |||||||||||
proposition was approved by the electors expires, whichever is | |||||||||||
later . | |||||||||||
On that date, all the rights, powers, duties, assets, | |||||||||||
property, liabilities, obligations, and
responsibilities of | |||||||||||
the road district shall by operation of law vest in and be | |||||||||||
assumed by the
township. On that date, the township board of | |||||||||||
trustees shall assume all taxing authority of a road district | |||||||||||
abolished under this Section. On that date, any highway | |||||||||||
commissioner of the abolished road district shall cease to
hold | |||||||||||
office, such term having been terminated. Thereafter, the | |||||||||||
township shall exercise all duties
and responsibilities of the | |||||||||||
highway commissioner as provided in the Illinois Highway Code. | |||||||||||
The
township board of trustees may enter into a contract with | |||||||||||
the county, a municipality, or a private
contractor to | |||||||||||
administer the roads under its jurisdiction. The township board | |||||||||||
of trustees shall
assume all taxing authority of a township |
road district abolished under this subsection. For purposes
of | |||||||||||||||||||||
distribution of revenue, the township shall assume the powers, | |||||||||||||||||||||
duties, and obligations of the
road district.
| |||||||||||||||||||||
(Source: P.A. 97-611, eff. 1-1-12.) | |||||||||||||||||||||
(605 ILCS 5/6-135 new) | |||||||||||||||||||||
Sec. 6-135. Abolishing a road district with less than 15 | |||||||||||||||||||||
miles of roads. | |||||||||||||||||||||
(a) Any township in a county with a population less than | |||||||||||||||||||||
3,000,000 may abolish a road district of that township if the | |||||||||||||||||||||
roads of the road district are less than 15 miles in length, as | |||||||||||||||||||||
determined by the county engineer or county superintendent of | |||||||||||||||||||||
highways, by resolution of a majority of the board of trustees | |||||||||||||||||||||
to submit a referendum to abolish the road district of that | |||||||||||||||||||||
township. The referendum shall be submitted to the electors of | |||||||||||||||||||||
that township at the next general election or consolidated | |||||||||||||||||||||
election in accordance with the general election law. The | |||||||||||||||||||||
ballot shall be in substantially the following form: | |||||||||||||||||||||
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(b) If a majority of the electors voting on the referendum |
under subsection (a) of this Section are in favor of abolishing | ||
the township road district, then the road district is abolished | ||
on the January 1 following the approval of the referendum or on | ||
the date the term of the highway commissioner in office at the | ||
time the referendum was approved expires, whichever is later. | ||
On the date of abolishment: all the rights, powers, duties, | ||
assets, property, liabilities, obligations, and | ||
responsibilities of the road district shall by operation of law | ||
vest in and be assumed by the township; the township board of | ||
trustees shall assume all taxing authority of a road district | ||
abolished under this Section; any highway commissioner of the | ||
abolished road district shall cease to hold office; the | ||
township shall exercise all duties and responsibilities of the | ||
highway commissioner as provided in the Illinois Highway Code; | ||
and for purposes of distribution of revenue, the township shall | ||
assume the powers, duties, and obligations of the road | ||
district. The township board of trustees may enter into a | ||
contract with the county, a municipality, or a private | ||
contractor to administer the roads added to its jurisdiction | ||
under this Section. | ||
Section 99. Effective date. This Act takes effect January | ||
1, 2018. |