Sen. David Koehler
Filed: 11/19/2010
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1 | AMENDMENT TO HOUSE BILL 5756
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2 | AMENDMENT NO. ______. Amend House Bill 5756 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Emergency Telephone System Act is amended | ||||||
5 | by changing Section 15.2a as follows:
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6 | (50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
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7 | Sec. 15.2a.
The installation of or connection to a | ||||||
8 | telephone
company's network of any automatic alarm, automatic | ||||||
9 | alerting
device, or mechanical dialer that causes the number | ||||||
10 | 9-1-1 to
be dialed in order to directly access emergency | ||||||
11 | services is
prohibited in a 9-1-1 system. The prohibitions | ||||||
12 | contained in this Section shall not be applicable to devices | ||||||
13 | used to enable access to the 9-1-1 system for | ||||||
14 | cognitively-impaired, disabled, or special needs persons in an | ||||||
15 | emergency situation reported by a caregiver after initiating a | ||||||
16 | missing person's report. Any such device must have the |
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1 | capability to be activated and controlled remotely by trained | ||||||
2 | personnel at a service center to prevent falsely activated or | ||||||
3 | repeated calls to the 9-1-1 system in a single incident. Any | ||||||
4 | such device must have the technical capability to generate the | ||||||
5 | provision of location information to the 9-1-1 system. Under no | ||||||
6 | circumstances shall a device be sold for use in a geographical | ||||||
7 | jurisdiction where the 9-1-1 system has not deployed wireless | ||||||
8 | phase II location technology. The alerting device shall also | ||||||
9 | provide for either 2-way communication or send a pre-recorded | ||||||
10 | message to 9-1-1 explaining the nature of the emergency so that | ||||||
11 | 9-1-1 will be able to dispatch the appropriate emergency | ||||||
12 | responder. Violation of this Section is
a Class A misdemeanor. | ||||||
13 | A second or subsequent violation of this
Section is a Class 4 | ||||||
14 | felony.
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15 | (Source: P.A. 87-146; 88-497.)
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16 | Section 7. The Township Code is amended by changing Section | ||||||
17 | 30-50 as follows: | ||||||
18 | (60 ILCS 1/30-50) | ||||||
19 | Sec. 30-50. Purchase and use of property. | ||||||
20 | (a) The electors may make all orders for the
purchase, | ||||||
21 | sale, conveyance,
regulation, or use of the township's | ||||||
22 | corporate property (including
the direct
sale or lease of | ||||||
23 | single township road district property) that may be deemed | ||||||
24 | conducive
to
the interests of its inhabitants, including the |
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1 | lease, for up to 10 years, or for up to 25 years if the lease is | ||||||
2 | for a wireless telecommunications tower, at
fair market value, | ||||||
3 | of corporate property for which no use or need during the
lease | ||||||
4 | period is anticipated at the time of leasing. The property may | ||||||
5 | be leased
to another governmental body, however,
or to a | ||||||
6 | not-for-profit corporation that has contracted to construct or | ||||||
7 | fund
the construction of a structure or improvement upon the | ||||||
8 | real estate owned by
the township and that has contracted with | ||||||
9 | the township to allow the township to
use at least a portion of | ||||||
10 | the structure or improvement to be constructed upon
the real | ||||||
11 | estate leased and not otherwise used by the township,
for any | ||||||
12 | term not exceeding 50 years and
for any consideration.
In the | ||||||
13 | case of a not-for-profit corporation, the township shall hold a | ||||||
14 | public
hearing on the proposed lease. The township clerk shall | ||||||
15 | give
notice of the hearing
by publication in a newspaper | ||||||
16 | published in the township,
or in a newspaper published in the | ||||||
17 | county and having general
circulation in the township if no | ||||||
18 | newspaper is published in the township, and
by posting notices | ||||||
19 | in at least 5 public places
at least 10 days before the public | ||||||
20 | hearing. | ||||||
21 | (b) If a new tax is to be levied or an existing tax rate is | ||||||
22 | to be increased
above the statutory limits for the purchase of | ||||||
23 | the property, however, no action
otherwise authorized in | ||||||
24 | subsection (a) shall be taken unless a petition signed
by at | ||||||
25 | least 10% of the registered voters residing in the township is | ||||||
26 | presented
to the township clerk. If a petition is presented to |
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1 | the township clerk, the
clerk shall order a referendum on the | ||||||
2 | proposition. The referendum shall be
held at the next annual or | ||||||
3 | special township meeting or at an election in
accordance with | ||||||
4 | the general election law. If the referendum is ordered to be
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5 | held at the township meeting, the township clerk shall give | ||||||
6 | notice that at the
next annual or special township meeting the | ||||||
7 | proposition shall be voted upon.
The notice shall set forth the | ||||||
8 | proposition and shall be given by publication in
a newspaper | ||||||
9 | published in the township. If there is no newspaper published
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10 | in the township, the notice shall be published in a newspaper | ||||||
11 | published in the
county and having general circulation in the | ||||||
12 | township. Notice also shall be
given by posting notices in at | ||||||
13 | least 5 public places at least 10 days before
the township | ||||||
14 | meeting. If the referendum is ordered to be held at an | ||||||
15 | election,
the township clerk shall certify that proposition to | ||||||
16 | the proper election
officials, who shall submit the proposition | ||||||
17 | at an election. The proposition
shall be submitted in | ||||||
18 | accordance with the general election law. | ||||||
19 | (c) If the leased property is utilized in part for private | ||||||
20 | use and in part
for public use, those portions of the | ||||||
21 | improvements devoted to private use are
fully taxable. The land | ||||||
22 | is exempt from taxation to the extent that the uses on
the land | ||||||
23 | are public and taxable to the extent that the uses are private. | ||||||
24 | (d) Before the township makes a lease or sale of township | ||||||
25 | or road
district
real or personal property, unless the personal | ||||||
26 | property has a sale value of
$2,500 or less, the electors shall |
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1 | adopt a resolution
stating
the intent to lease or sell the real | ||||||
2 | or personal property, describing the
property in full, and | ||||||
3 | stating the terms and conditions the electors deem
necessary | ||||||
4 | and desirable for the lease or sale. A resolution stating the
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5 | intent to sell real property shall also contain pertinent | ||||||
6 | information
concerning the size, use, and zoning of the | ||||||
7 | property.
The value of real property shall be determined
by a | ||||||
8 | State licensed real estate appraiser.
The appraisal shall be | ||||||
9 | available for
public inspection. The resolution may direct the | ||||||
10 | sale to be conducted by the
staff of the township or by listing | ||||||
11 | with local licensed real
estate agencies
(in which case the | ||||||
12 | terms of the agent's compensation shall be included in the
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13 | resolution). | ||||||
14 | When a township sells
township or road district personal | ||||||
15 | property valued for sale at $2,500 or
less,
the electors are | ||||||
16 | not required to adopt a resolution. Prior to the sale, the
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17 | clerk shall prepare a notice stating the intent of the township | ||||||
18 | or road
district to sell personal property with a sale value of | ||||||
19 | $2,500 or less and
describing the property in full. | ||||||
20 | The clerk shall thereafter publish the resolution or | ||||||
21 | personal property
sale notice once in a newspaper published in | ||||||
22 | the township or, if no newspaper
is published in the township, | ||||||
23 | in a newspaper generally circulated in the
township. If no | ||||||
24 | newspaper is generally circulated in the township, the clerk
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25 | shall post the resolution or personal property sale notice in 5 | ||||||
26 | of the
most public places in the township. In addition to the |
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1 | foregoing publication
requirements, the clerk shall post the | ||||||
2 | resolution or personal property
sale notice at the office of | ||||||
3 | the township (if township property is involved)
or at the | ||||||
4 | office of the road district (if road district property is
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5 | involved). The following information shall be published or | ||||||
6 | posted with the
resolution or
personal property sale notice: | ||||||
7 | (i) the date by which all bids must be
received by the township | ||||||
8 | or road district, which shall not be less than 30
days
after | ||||||
9 | the date of publication or posting, and (ii) the place, time, | ||||||
10 | and date at
which bids shall be opened, which shall be at a | ||||||
11 | regular meeting of the township
board. | ||||||
12 | All bids shall be opened by the clerk (or someone duly | ||||||
13 | appointed to act
for the clerk) at the regular meeting of the | ||||||
14 | township board described in the
notice. With respect to | ||||||
15 | township personal property, except personal
property valued
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16 | for sale at $2,500 or less, the township board may accept
the | ||||||
17 | high bid or any
other bid determined to be in the best | ||||||
18 | interests of the township by a majority
vote of the board. With | ||||||
19 | respect to township real property, the township
board may | ||||||
20 | accept the high bid or any other bid determined to be in the
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21 | best interests of the township by a vote of three-fourths of | ||||||
22 | the township
board then holding office, but in no event at a | ||||||
23 | price less than 80% of the
appraised value. With respect to | ||||||
24 | road district property, except personal
property valued for | ||||||
25 | sale at $2,500 or less, the highway
commissioner may accept
the | ||||||
26 | high bid or any other bid determined to be in the best |
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1 | interests of the
road district. In each case, the township | ||||||
2 | board or commissioner
may
reject
any and all bids. With respect | ||||||
3 | to township or road district personal
property valued for sale | ||||||
4 | at $2,500 or less, the clerk
shall accept at least 2
bids and | ||||||
5 | the township board or highway commissioner shall accept the
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6 | highest
bid. This notice and competitive bidding procedure | ||||||
7 | shall not be followed
when property is leased to another | ||||||
8 | governmental body.
The notice and
competitive bidding | ||||||
9 | procedure shall not be followed when property is declared
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10 | surplus by the electors and sold to another governmental body. | ||||||
11 | The notice and competitive bidding procedure may be, but need | ||||||
12 | not be, followed if property is leased for a wireless | ||||||
13 | telecommunications tower. | ||||||
14 | (e) A trade-in of machinery or equipment on new or | ||||||
15 | different machinery or
equipment does not constitute the sale | ||||||
16 | of township or road district property. | ||||||
17 | (Source: P.A. 95-909, eff. 8-26-08.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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