Sen. Melinda Bush
Filed: 4/12/2016
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1 | AMENDMENT TO SENATE BILL 388
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2 | AMENDMENT NO. ______. Amend Senate Bill 388 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by adding Sections | ||||||
5 | 3-7 and 28-1 follows: | ||||||
6 | (10 ILCS 5/3-7 new) | ||||||
7 | Sec. 3-7. Voters in consolidating and merging townships. | ||||||
8 | (a) In the consolidated election where township trustees | ||||||
9 | are elected next following the certification of a successful | ||||||
10 | referendum to consolidate townships under Article 22 of the | ||||||
11 | Township Code, the qualified electors entitled to caucus, vote | ||||||
12 | for, be nominated for, and run for offices in the consolidated | ||||||
13 | township that is to be formed are those registered voters | ||||||
14 | residing in any of the townships identified in the referendum | ||||||
15 | as they exist prior to consolidation. | ||||||
16 | (b) In the consolidated election where township trustees |
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1 | are elected next following the certification of a successful | ||||||
2 | referendum to dissolve a township and merge its territory into | ||||||
3 | 2 adjacent townships under Article 23 of the Township Code, the | ||||||
4 | qualified electors entitled to caucus, vote for, be nominated | ||||||
5 | for, and run for offices in a receiving township shall also | ||||||
6 | include those registered voters residing in the territory of | ||||||
7 | the dissolving township described in the resolutions adopted | ||||||
8 | under Section 23-10 of the Township Code as the territory to be | ||||||
9 | merged with the receiving township. For purposes of this | ||||||
10 | subsection (b) only, "dissolving township" and "receiving | ||||||
11 | township" have the meaning provided in Section 23-5 of the | ||||||
12 | Township Code.
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13 | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
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14 | Sec. 28-1.
The initiation and submission of all public | ||||||
15 | questions to
be voted upon by the electors of the State or of | ||||||
16 | any political
subdivision or district or precinct or | ||||||
17 | combination of precincts shall be
subject to the provisions of | ||||||
18 | this Article.
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19 | Questions of public policy which have any legal effect | ||||||
20 | shall be
submitted to referendum only as authorized by a | ||||||
21 | statute which so
provides or by the Constitution. Advisory | ||||||
22 | questions of public policy
shall be submitted to referendum | ||||||
23 | pursuant to Section 28-5 or pursuant to
a statute which so | ||||||
24 | provides.
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25 | The method of initiating the submission of a public |
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1 | question shall be
as provided by the statute authorizing such | ||||||
2 | public question, or as
provided by the Constitution.
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3 | All public questions shall be initiated, submitted and | ||||||
4 | printed on the
ballot in the form required by Section 16-7 of | ||||||
5 | this Act, except as may
otherwise be specified in the statute | ||||||
6 | authorizing a public question.
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7 | Whenever a statute provides for the initiation of a public | ||||||
8 | question
by a petition of electors, the provisions of such | ||||||
9 | statute shall govern
with respect to the number of signatures | ||||||
10 | required, the qualifications of
persons entitled to sign the | ||||||
11 | petition, the contents of the petition, the
officer with whom | ||||||
12 | the petition must be filed, and the form of the
question to be | ||||||
13 | submitted. If such statute does not specify any of the
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14 | foregoing petition requirements, the corresponding petition | ||||||
15 | requirements
of Section 28-6 shall govern such petition.
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16 | Irrespective of the method of initiation, not more than 3 | ||||||
17 | public
questions other than (a) back door referenda, (b) | ||||||
18 | referenda to
determine whether a disconnection may take place | ||||||
19 | where a city coterminous
with a township is proposing to annex | ||||||
20 | territory from an adjacent township, (c) referenda held under | ||||||
21 | the provisions of the Property Tax Extension
Limitation Law in | ||||||
22 | the Property Tax Code, or (d) referenda held under
Section | ||||||
23 | 2-3002 of the Counties Code , or (e) referenda held under | ||||||
24 | Article 22, 23 or 29 of the Township Code may be submitted to
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25 | referendum with respect to a political
subdivision at the same | ||||||
26 | election.
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1 | If more than 3 propositions are timely initiated or | ||||||
2 | certified for
submission at an election with respect to a | ||||||
3 | political subdivision, the
first 3 validly initiated, by the | ||||||
4 | filing of a petition or by the
adoption of a resolution or | ||||||
5 | ordinance of a political subdivision, as the
case may be, shall | ||||||
6 | be printed on the ballot and submitted at that
election. | ||||||
7 | However, except as expressly authorized by law not more than
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8 | one proposition to change the form of government of a | ||||||
9 | municipality
pursuant to Article VII of the Constitution may be | ||||||
10 | submitted at an
election. If more than one such proposition is | ||||||
11 | timely initiated or
certified for submission at an election | ||||||
12 | with respect to a municipality,
the first validly initiated | ||||||
13 | shall be the one printed on the ballot and
submitted at that | ||||||
14 | election.
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15 | No public question shall be submitted to the voters of a | ||||||
16 | political
subdivision at any regularly scheduled election at | ||||||
17 | which such voters are
not scheduled to cast votes for any | ||||||
18 | candidates for nomination for, election
to or retention in | ||||||
19 | public office, except that if, in any existing or proposed
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20 | political subdivision in which the submission of a public | ||||||
21 | question at a
regularly scheduled election is desired, the | ||||||
22 | voters of only a portion of
such existing or proposed political | ||||||
23 | subdivision are not scheduled to cast votes
for nomination for, | ||||||
24 | election to or retention in public office at such election,
but | ||||||
25 | the voters in one or more other portions of such existing or | ||||||
26 | proposed
political subdivision are scheduled to cast votes for |
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1 | nomination for, election
to or retention in public office at | ||||||
2 | such election, the public question shall be
voted upon by all | ||||||
3 | the qualified voters of the entire existing or proposed
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4 | political subdivision at the election.
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5 | Not more than 3 advisory public questions may be submitted | ||||||
6 | to the
voters of the entire state at a general election. If | ||||||
7 | more than 3 such advisory
propositions are initiated, the first | ||||||
8 | 3 timely and validly initiated
shall be the questions printed | ||||||
9 | on the ballot and submitted at that
election; provided however, | ||||||
10 | that a question for a proposed amendment to
Article IV of the | ||||||
11 | Constitution pursuant to Section 3, Article XIV of the
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12 | Constitution, or for a question submitted under the Property | ||||||
13 | Tax Cap
Referendum Law, shall not be included in the foregoing | ||||||
14 | limitation.
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15 | (Source: P.A. 93-308, eff. 7-23-03.)
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16 | Section 10. The Counties Code is amended by changing the | ||||||
17 | heading of Division 2-4 and by changing Section 2-4006 as | ||||||
18 | follows:
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19 | (55 ILCS 5/Div. 2-4 heading) | ||||||
20 | Division 2-4. Counties not under | ||||||
21 | Township Organization
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22 | Organized as a Commission | ||||||
23 | Form of Government
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1 | (55 ILCS 5/2-4006)
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2 | Sec. 2-4006. Terms of commissioners.
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3 | (a) In every county not under
township organization that is | ||||||
4 | organized as a commission form of government having 3 | ||||||
5 | commissioners elected at large as described in
subsection (b) | ||||||
6 | or (c), the commissioners shall be elected as provided in this
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7 | Section.
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8 | (b) In a county in which one commissioner was elected at | ||||||
9 | the general
election in 1992 to serve for a term of 4 years and | ||||||
10 | in which 2 commissioners
will be elected at the general | ||||||
11 | election in 1994, the commissioner elected in
1994 and | ||||||
12 | receiving the greatest number of votes shall serve for a term | ||||||
13 | of 6
years. The other commissioner elected in 1994 shall serve | ||||||
14 | for a term of 4
years. At the general election in 1996 and at | ||||||
15 | each general election
thereafter, one commissioner shall be | ||||||
16 | elected to serve for a term of 6 years.
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17 | (c) In a county in which 2 commissioners were elected at | ||||||
18 | the general
election in 1992 to serve for terms of 4 years and | ||||||
19 | in which one commissioner
will be elected at the general | ||||||
20 | election in 1994, the commissioner elected in
1994 shall serve | ||||||
21 | for a term of 4 years. The commissioner elected in 1996 and
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22 | receiving the greatest number of votes shall serve for a term | ||||||
23 | of 6 years. The
other commissioner elected in 1996 shall serve | ||||||
24 | for a term of 4 years. At the
general election in 1998 and at | ||||||
25 | each general election thereafter, one
commissioner shall be | ||||||
26 | elected to serve for a term of 6 years. |
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1 | (c-5) In Calhoun County, Edwards County, and Union County, | ||||||
2 | the registered voters of the county may, upon referendum
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3 | initiated by (i) the adoption of a resolution of the
board of | ||||||
4 | county commissioners or (ii) a petition signed by not less than | ||||||
5 | 10% of the registered voters in the county, determine that the | ||||||
6 | board of
county commissioners shall consist of 5
commissioners | ||||||
7 | elected at large. The commissioners must certify
the question | ||||||
8 | to the proper election authority, which must
submit the | ||||||
9 | question at an election in accordance with the
general election | ||||||
10 | law. | ||||||
11 | The question shall be submitted in substantially the
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12 | following form: | ||||||
13 | "Shall the board of county commissioners of (county) | ||||||
14 | consist of 5 commissioners elected at large?" | ||||||
15 | Votes must be recorded as "Yes" or "No". If a majority of | ||||||
16 | the electors voting on the question vote in the affirmative, | ||||||
17 | then a 5-member board of county commissioners shall be | ||||||
18 | established beginning with the next general election. The | ||||||
19 | County Clerk, in consultation with the State's Attorney for the | ||||||
20 | county, shall develop and present to the board of county | ||||||
21 | commissioners, to implement by the adoption of a resolution, | ||||||
22 | the transition of terms for the current 3-member board of | ||||||
23 | commissioners and the addition of 2 commissioners for 6-year | ||||||
24 | terms. Thereafter, commissioners shall be elected at each | ||||||
25 | general election to fill expired terms.
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26 | (d) The provisions of this Section do not apply to |
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1 | commissioners elected
under Section 2-4006.5 of this Code.
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2 | (Source: P.A. 96-175, eff. 8-10-09.)
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3 | Section 15. The Township Code is amended by adding Articles | ||||||
4 | 22, 23, and 29, and by changing Sections 25-25 and 65-20 as | ||||||
5 | follows: | ||||||
6 | (60 ILCS 1/Art. 22 heading new) | ||||||
7 | ARTICLE 22. CONSOLIDATION OF | ||||||
8 | MULTIPLE TOWNSHIPS | ||||||
9 | (60 ILCS 1/22-5 new) | ||||||
10 | Sec. 22-5. Resolution for consolidation; notice. | ||||||
11 | (a) Notwithstanding any other provision of law to the | ||||||
12 | contrary, the township boards of any 2 or more adjacent | ||||||
13 | townships may, by identical resolutions of each board, propose | ||||||
14 | consolidation by referendum: (i) into a new township; or (ii) | ||||||
15 | into an existing township. Each resolution shall include, but | ||||||
16 | is not limited to, the following: | ||||||
17 | (1) the name of the proposed new consolidated township | ||||||
18 | or the name of the existing township into which all | ||||||
19 | townships will be consolidated; | ||||||
20 | (2) a description of how each road district or road | ||||||
21 | districts of a dissolving township shall comply with | ||||||
22 | subsection (c) of Section 22-20 if a township will be | ||||||
23 | consolidating into an existing township; |
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1 | (3) the names of all townships that will be | ||||||
2 | consolidating and a description of the area of | ||||||
3 | consolidation; and | ||||||
4 | (4) the date of the general election at which the | ||||||
5 | referendum shall be held. | ||||||
6 | All resolutions shall be passed not less than 79 days | ||||||
7 | before the general election stated in the resolutions. For | ||||||
8 | purposes of this Section, 3 or more townships are adjacent when | ||||||
9 | each township shares a boundary with at least one of the other | ||||||
10 | townships which are to be consolidated. | ||||||
11 | (b) Before passing a resolution under subsection (a), each | ||||||
12 | township board shall hold a public hearing on those matters | ||||||
13 | after notice of the hearing has been published in a newspaper | ||||||
14 | having a general circulation in the townships affected. The | ||||||
15 | notice shall be published at least 30 days before the date of | ||||||
16 | the hearing. The notice shall contain, at a minimum, the name | ||||||
17 | of all townships that will be consolidating and a description | ||||||
18 | of the area of consolidation. | ||||||
19 | (60 ILCS 1/22-10 new) | ||||||
20 | Sec. 22-10. Referendum. | ||||||
21 | (a) Upon the adoption of resolutions under Section 22-5 by | ||||||
22 | each township, the township boards shall certify the question | ||||||
23 | to the election authority and the authority shall cause to be | ||||||
24 | submitted to the voters of each township at the general | ||||||
25 | election specified in the resolutions a referendum to |
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1 | consolidate the townships. The referendum shall be | ||||||
2 | substantially in the form: | ||||||
3 | Shall (names of townships) be consolidated into [a new | ||||||
4 | township called (name of proposed consolidated | ||||||
5 | township)/the township of (name of existing township)]? | ||||||
6 | The votes shall be recorded as "Yes" or "No". The | ||||||
7 | referendum is approved when a majority of the voters, in each | ||||||
8 | of the affected townships, approve the referendum. | ||||||
9 | (b) Before a referendum appears on the ballot under | ||||||
10 | subsection (a), each township board shall publish a copy of the | ||||||
11 | adopted resolution in a newspaper having a general circulation | ||||||
12 | in each of the townships affected. The notice shall be | ||||||
13 | published at least 30 days before the date of the general | ||||||
14 | election in which the referendum will appear. | ||||||
15 | Each township board shall additionally mail a copy of the | ||||||
16 | adopted resolution, along with a copy of the referendum | ||||||
17 | language and a list of all taxes levied for general township | ||||||
18 | purposes in the affected townships, to every registered voter | ||||||
19 | in each township affected. The notice shall be mailed at least | ||||||
20 | 30 days before the date of the general election in which the | ||||||
21 | referendum will appear. | ||||||
22 | (c) Notwithstanding any provision of law to the contrary, | ||||||
23 | no tax rate may be extended for any fund of the consolidated | ||||||
24 | district for the first levy year of the consolidated district | ||||||
25 | that exceeds any statutory maximum set forth for that fund, | ||||||
26 | unless the referendum also conforms to the requirements of the |
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1 | Property Tax Extension Limitation Law or other statutory | ||||||
2 | provision setting forth that limitation. | ||||||
3 | (60 ILCS 1/22-15 new) | ||||||
4 | Sec. 22-15. Transition. Notwithstanding any other | ||||||
5 | provision of law to the contrary, upon the approval of a | ||||||
6 | referendum under Section 22-10: | ||||||
7 | (a) There shall be no further nominations or elections for | ||||||
8 | clerks, assessors, collectors, highway commissioners, | ||||||
9 | supervisors, or trustees of any of the separate townships or | ||||||
10 | highway commissions, and the terms of all such officers | ||||||
11 | currently serving shall continue until the third Monday of May | ||||||
12 | of the year in which township officials are elected next | ||||||
13 | following the approval of a referendum under Section 22-10. | ||||||
14 | (b) A Transition Township Board is formed and is composed | ||||||
15 | of the members of the separate townships boards. The Transition | ||||||
16 | Township Board shall have only the following powers: (1) to | ||||||
17 | propose and approve the compensation of all officials of the | ||||||
18 | consolidated township that will be elected at the consolidated | ||||||
19 | election next following the passage of the referendum under | ||||||
20 | Section 22-10; and (2) to propose and approve additional debt | ||||||
21 | to be taken on by any of the separate townships. | ||||||
22 | (c) The Transition Township Board shall hold a public | ||||||
23 | hearing no later than the last Tuesday in December before the | ||||||
24 | consolidated township board of trustees are elected next | ||||||
25 | following the approval of a referendum under Section 22-10. If |
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1 | the Board cannot agree on the compensation for an official by | ||||||
2 | the first Tuesday in April before the consolidated election of | ||||||
3 | township officials next following the approval of a referendum | ||||||
4 | under Section 22-10, then the compensation for that official | ||||||
5 | shall be equal to the lowest compensation for the same office | ||||||
6 | between the separate townships in the previous calendar year. | ||||||
7 | (d) The separate townships shall not incur any additional | ||||||
8 | debt without the approval of the Transition Township Board. For | ||||||
9 | purposes of this Section, "debt" shall have the meaning | ||||||
10 | ascribed to that term in Section 23-5. | ||||||
11 | (e) Section 3-7 of the Election Code shall govern those | ||||||
12 | individuals entitled to caucus, vote for, be nominated for, and | ||||||
13 | run for offices for the consolidated township at the | ||||||
14 | consolidated election of township officials next following the | ||||||
15 | approval of a referendum under Section 22-10. | ||||||
16 | (60 ILCS 1/22-20 new) | ||||||
17 | Sec. 22-20. Consolidated township. | ||||||
18 | (a) On the third Monday of May of the year in which | ||||||
19 | township officials are elected following the approval of a | ||||||
20 | referendum under Section 22-10 the following shall occur: | ||||||
21 | (1) the separate townships cease and the consolidated | ||||||
22 | township is created; | ||||||
23 | (2) all rights, powers, duties, assets, and property, | ||||||
24 | together with all personnel, contractual obligations, | ||||||
25 | other obligations, responsibilities, and liabilities of |
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1 | the separate townships are transferred to the consolidated | ||||||
2 | township; those rights include, but are not limited to, the | ||||||
3 | authority to continue to collect, receive, and expend the | ||||||
4 | proceeds of any tax levied by any of the separate townships | ||||||
5 | prior to the creation of the consolidated township without | ||||||
6 | an additional ordinance, resolution, or referendum; the | ||||||
7 | proceeds of any tax levied by any of the separate townships | ||||||
8 | prior to the creation of the consolidated township shall be | ||||||
9 | expended or disposed of by the consolidated township in the | ||||||
10 | same manner as such assessments might have been expended or | ||||||
11 | disposed of by the separate townships; however, if the | ||||||
12 | consolidated township board determines that there is a | ||||||
13 | surplus in the fund for general township purposes on | ||||||
14 | December 31 of the calendar year in which the consolidation | ||||||
15 | occurs, then any portion of the surplus that is solely | ||||||
16 | attributable to the consolidation shall be refunded to the | ||||||
17 | owners of record of taxable property within the | ||||||
18 | consolidated district on a pro rata basis; and | ||||||
19 | (3) road districts located within the separate | ||||||
20 | townships are abolished. | ||||||
21 | (b) When a new township is created, a new road district | ||||||
22 | encompassing the consolidated township is created. All the | ||||||
23 | rights, powers, duties, assets, property, liabilities, | ||||||
24 | obligations, and responsibilities of the separate road | ||||||
25 | districts shall vest in and be assumed by the new road district | ||||||
26 | as provided for in the resolutions adopted under Section 22-5. |
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1 | The new township board of trustees shall exercise the taxing | ||||||
2 | authority of a road district abolished under this Section. The | ||||||
3 | highway commissioners of the abolished road districts shall | ||||||
4 | cease to hold office on the date the road district is | ||||||
5 | abolished. The new township board shall exercise all duties and | ||||||
6 | responsibilities of the highway commissioner as provided in the | ||||||
7 | Illinois Highway Code. For purposes of distribution of revenue, | ||||||
8 | the new township shall assume the powers, duties, and | ||||||
9 | obligations of the road district of the dissolving road | ||||||
10 | district. The new township board may enter into a contract with | ||||||
11 | the county, a municipality, or a private contractor
to | ||||||
12 | administer the roads under the new road district. | ||||||
13 | (c) When a township consolidates into an existing township, | ||||||
14 | all the rights, powers, duties, assets, property, liabilities, | ||||||
15 | obligations, and responsibilities of the abolished road | ||||||
16 | districts shall vest in and be assumed by the existing | ||||||
17 | township's road district as provided for in the resolutions | ||||||
18 | adopted under Section 22-5. The consolidated township board of | ||||||
19 | trustees shall exercise the taxing authority of a road district | ||||||
20 | abolished under this Section. Highway commissioners of the | ||||||
21 | abolished road districts shall cease to hold office on the date | ||||||
22 | the road district is abolished. The consolidated township shall | ||||||
23 | exercise all duties and responsibilities of the highway | ||||||
24 | commissioner as provided in the Illinois Highway Code. For | ||||||
25 | purposes of distribution of revenue, the existing township's | ||||||
26 | road district or districts shall assume the powers, duties, and |
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1 | obligations of the road district of the dissolving road | ||||||
2 | district. | ||||||
3 | (60 ILCS 1/Art. 23 heading new) | ||||||
4 | ARTICLE 23. MERGER OF A SINGLE | ||||||
5 | TOWNSHIP INTO TWO OTHER TOWNSHIPS | ||||||
6 | (60 ILCS 1/23-5 new) | ||||||
7 | Sec. 23-5. Definitions. As used in this Article: | ||||||
8 | "Dissolving road district" means a road district in a | ||||||
9 | dissolving township, which is dissolved under subsection (c) of | ||||||
10 | Section 23-25. | ||||||
11 | "Dissolving township" means a township which is proposed to | ||||||
12 | be dissolved into and be merged with 2 other adjacent | ||||||
13 | townships. | ||||||
14 | "Equalized assessed value" has the meaning provided in | ||||||
15 | Section 18-213 of the Property Tax Code. | ||||||
16 | "Debt" means indebtedness incurred by a dissolving | ||||||
17 | township including, but not limited to, mortgages, judgments, | ||||||
18 | and moneys due through the issuance and sale of bonds, or | ||||||
19 | through an equivalent manner of borrowing for which notes or | ||||||
20 | other evidences of indebtedness are issued fixing the amount of | ||||||
21 | principal and interest from time to time payable to retire the | ||||||
22 | indebtedness. | ||||||
23 | "Receiving township" means a township into which a portion | ||||||
24 | of the dissolving township will be merged. |
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1 | (60 ILCS 1/23-10 new) | ||||||
2 | Sec. 23-10. Resolution for merger; notice. | ||||||
3 | (a) Notwithstanding any other provision of law to the | ||||||
4 | contrary, the township boards of any 3 adjacent townships may, | ||||||
5 | by identical resolutions of each board, propose that a township | ||||||
6 | which borders the other 2 townships be dissolved by referendum | ||||||
7 | and all rights, powers, duties, assets, and property, together | ||||||
8 | with all personnel, contractual obligations, other | ||||||
9 | obligations, responsibilities, and liabilities of the | ||||||
10 | dissolving township transferred to the receiving townships. | ||||||
11 | Each resolution shall include, but is not limited to, the | ||||||
12 | following: | ||||||
13 | (1) a legal description of the former territory of the | ||||||
14 | dissolving township each receiving township will take upon | ||||||
15 | the dissolution of the dissolving township; | ||||||
16 | (2) a description of how all assets and property, | ||||||
17 | together with all personnel, contractual obligations, | ||||||
18 | other obligations, responsibilities, and liabilities of | ||||||
19 | the dissolving township will be transferred to the | ||||||
20 | receiving townships; | ||||||
21 | (3) the tax rates for general township purposes for the | ||||||
22 | immediately preceding levy year, as extended and collected | ||||||
23 | in the year in which the resolution is adopted, for the | ||||||
24 | dissolving township and each receiving township; | ||||||
25 | (4) a description and amount of all debt each receiving |
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1 | township shall assume after the dissolving township | ||||||
2 | dissolves. The debt shall be assumed by each receiving | ||||||
3 | township in equal proportion to the equalized assessed | ||||||
4 | value of the land and property that will be received by | ||||||
5 | each receiving township from the dissolving township | ||||||
6 | unless otherwise agreed to in the resolutions; | ||||||
7 | (5) a description of how each road district or road | ||||||
8 | districts of a dissolving township shall comply with | ||||||
9 | subsection (c) of Section 23-25; and | ||||||
10 | (6) the date of the general election at which the | ||||||
11 | referendum shall be held. | ||||||
12 | All resolutions shall be passed not less than 79 days | ||||||
13 | before the general election stated in the resolutions. | ||||||
14 | (b) Before passing a resolution under this Section, each | ||||||
15 | township board shall hold a public hearing on those matters | ||||||
16 | after notice of the hearing has been published in a newspaper | ||||||
17 | having a general circulation in the townships affected. The | ||||||
18 | notice shall be published at least 30 days before the date of | ||||||
19 | the hearing. The notice shall contain, at a minimum, the name | ||||||
20 | of the dissolving township and receiving townships and a | ||||||
21 | description of the area each receiving township will receive | ||||||
22 | from the dissolving township. | ||||||
23 | (60 ILCS 1/23-15 new) | ||||||
24 | Sec. 23-15. Referendum and notices. | ||||||
25 | (a) Upon the adoption of resolutions under Section 23-10 by |
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1 | all townships, the township boards shall certify the question | ||||||
2 | to the election authority and the authority shall cause to be | ||||||
3 | submitted to the voters of all townships at the general | ||||||
4 | election specified in the resolutions a referendum to | ||||||
5 | consolidate the townships. The referendum shall be | ||||||
6 | substantially in the form: | ||||||
7 | Shall (name of dissolving township) be dissolved into | ||||||
8 | (names of receiving townships)? | ||||||
9 | The votes shall be recorded as "Yes" or "No". The | ||||||
10 | referendum is approved when a majority of the voters, in each | ||||||
11 | of the affected townships, approve the referendum. | ||||||
12 | (b) Before a referendum appears on the ballot under | ||||||
13 | subsection (a), the township boards shall publish a copy of the | ||||||
14 | adopted resolution in a newspaper having a general circulation | ||||||
15 | in each of the townships affected. The notice shall be | ||||||
16 | published at least 30 days before the date of the general | ||||||
17 | election. | ||||||
18 | Each township board shall additionally mail a copy of the | ||||||
19 | adopted resolution, along with a copy of the referendum | ||||||
20 | language and a list of all taxes levied for general township | ||||||
21 | purposes in the affected townships, to every registered voter | ||||||
22 | in each township affected. The notice shall be mailed at least | ||||||
23 | 30 days before the date of the general election in which the | ||||||
24 | referendum will appear. | ||||||
25 | (60 ILCS 1/23-20 new) |
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1 | Sec. 23-20. Transition. | ||||||
2 | (a) Notwithstanding any other provision of law to the | ||||||
3 | contrary, upon the approval of a referendum under Section | ||||||
4 | 23-15: | ||||||
5 | (1) there shall be no further nominations or elections | ||||||
6 | for clerks, assessors, collectors, highway commissioners, | ||||||
7 | supervisors, or trustees of the dissolving township or | ||||||
8 | highway commissions and the terms of all such officers | ||||||
9 | currently serving shall continue until the third Monday of | ||||||
10 | May of the year in which township officials are elected | ||||||
11 | following the approval of a referendum under Section 23-15; | ||||||
12 | (2) a Transition Township Board is formed for each | ||||||
13 | receiving township. Each Transition Township Board shall | ||||||
14 | be composed of the members of the dissolving township | ||||||
15 | boards plus the members of the receiving township board. | ||||||
16 | The Transition Township Board shall only have authority to | ||||||
17 | do the following under paragraphs (3) and (4) of this | ||||||
18 | Section: provide for the compensation for all receiving | ||||||
19 | township officials that will be elected at the consolidated | ||||||
20 | election next following the approval of a referendum under | ||||||
21 | Section 23-15; and approving additional debt to be taken on | ||||||
22 | by the dissolving township; | ||||||
23 | (3) each Transition Township Board shall hold a public | ||||||
24 | meeting no later than the first Tuesday in April before the | ||||||
25 | receiving townships' boards of trustees are elected at the | ||||||
26 | consolidated election next following the approval of a |
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1 | referendum under Section 23-15. At this public meeting, the | ||||||
2 | Transition Township Board shall provide for the | ||||||
3 | compensation for all township officials that will be | ||||||
4 | elected at the consolidated election. If the Board cannot | ||||||
5 | agree on the compensation for an official, then the | ||||||
6 | compensation for the same office between the receiving and | ||||||
7 | dissolving townships shall be the lower compensation for | ||||||
8 | the office in the dissolving township or receiving | ||||||
9 | township; | ||||||
10 | (4) the dissolving township shall not incur any | ||||||
11 | additional debt without the approval of the Transition | ||||||
12 | Township Board of each receiving township that would assume | ||||||
13 | such debt after dissolution of the dissolving township; and | ||||||
14 | (5) Section 3-7 of the Election Code shall govern those | ||||||
15 | individuals entitled to caucus, vote for, be nominated for, | ||||||
16 | and run for offices for the receiving townships at the | ||||||
17 | consolidated election of township officials next following | ||||||
18 | the approval of a referendum under Section 23-15. | ||||||
19 | (b) Upon the approval of a referendum under Section 23-15, | ||||||
20 | the receiving townships may enter into an intergovernmental | ||||||
21 | agreement under the Intergovernmental Cooperation Act for any | ||||||
22 | lawful purpose relating to the land or property contained in | ||||||
23 | the dissolving township after the township is dissolved. | ||||||
24 | (60 ILCS 1/23-25 new) | ||||||
25 | Sec. 23-25. Merged township. On the third Monday of May of |
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1 | the year in which township officials are elected following the | ||||||
2 | approval of a referendum under Section 23-15 the following | ||||||
3 | shall occur: | ||||||
4 | (a) The dissolving township ceases. | ||||||
5 | (b) All rights, powers, duties, assets, and property, | ||||||
6 | together with all personnel, contractual obligations, | ||||||
7 | other obligations, responsibilities, and liabilities of | ||||||
8 | the dissolving township are transferred to the receiving | ||||||
9 | townships as provided in the resolution adopted under | ||||||
10 | Section 23-10. The rights include, but are not limited to, | ||||||
11 | the authority to continue to collect and receive any tax | ||||||
12 | levied prior to the creation of the merged townships | ||||||
13 | without an additional ordinance, resolution, or | ||||||
14 | referendum. | ||||||
15 | (c) Road districts located within the dissolving | ||||||
16 | township are abolished and all the rights, powers, duties, | ||||||
17 | assets, property, liabilities, obligations, and | ||||||
18 | responsibilities of the dissolving road districts shall | ||||||
19 | vest in and be assumed by the receiving townships' road | ||||||
20 | districts as provided for in the resolutions adopted under | ||||||
21 | Section 23-10; the boards of trustees of the receiving | ||||||
22 | townships shall exercise the taxing authority of a road | ||||||
23 | district dissolved under this Section and shall exercise | ||||||
24 | all duties and responsibilities of the highway | ||||||
25 | commissioner as provided in the Illinois Highway Code | ||||||
26 | unless a road district in the receiving township has a |
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1 | highway commissioner who shall assume all duties and | ||||||
2 | responsibilities of the highway commissioner of the | ||||||
3 | dissolving road districts if so resolved by the receiving | ||||||
4 | township board; highway commissioners of the dissolving | ||||||
5 | road districts shall cease to hold office on the date the | ||||||
6 | road district is abolished; and for purposes of | ||||||
7 | distribution of revenue, the receiving townships' road | ||||||
8 | districts, or the township board if no road districts | ||||||
9 | exist, shall assume the powers, duties, and obligations of | ||||||
10 | the dissolving road district.
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11 | (60 ILCS 1/25-25)
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12 | Sec. 25-25. Disposal of township records and property. When | ||||||
13 | township
organization is discontinued in any county, the | ||||||
14 | records of the several
townships shall be deposited in the | ||||||
15 | county clerk's office. The county
board or board of county | ||||||
16 | commissioners of the county may close up all unfinished | ||||||
17 | business of the several
townships and sell or and dispose of | ||||||
18 | any of the property belonging to a township
for the benefit of | ||||||
19 | the inhabitants of the township, as fully as might have been
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20 | done by the townships themselves. The county board or board of | ||||||
21 | county commissioners may pay all the
indebtedness of any | ||||||
22 | township existing at the time of the discontinuance of
township | ||||||
23 | organization and cause the amount of the indebtedness, or so | ||||||
24 | much as
may be necessary, to be levied upon the property of the | ||||||
25 | township.
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1 | (Source: P.A. 82-783; 88-62.)
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2 | (60 ILCS 1/Art. 29 heading new) | ||||||
3 | ARTICLE 29. DISCONTINUANCE OF | ||||||
4 | TOWNSHIP WITHIN COTERMINOUS | ||||||
5 | MUNICIPALITY: ALL TOWNSHIPS | ||||||
6 | (60 ILCS 1/29-5 new) | ||||||
7 | Sec. 29-5. Resolutions to discontinue and abolish a | ||||||
8 | township. The township board and the corporate authorities of a | ||||||
9 | coterminous, or substantially coterminous, municipality may by | ||||||
10 | resolutions of the board and corporate authorities, and after | ||||||
11 | referendum of the voters of the township and municipality: (1) | ||||||
12 | discontinue and abolished the township; (2) transfer all the | ||||||
13 | rights, powers, duties, assets, property, liabilities, | ||||||
14 | obligations, and responsibilities of the township to the | ||||||
15 | municipality; and (3) cease and dissolve all township road | ||||||
16 | districts with the district's jurisdiction and authority | ||||||
17 | transferred to the municipality upon the dissolution of the | ||||||
18 | township. | ||||||
19 | (60 ILCS 1/29-10 new) | ||||||
20 | Sec. 29-10. Notice. | ||||||
21 | (a) Before passing resolutions under Section 29-5, the | ||||||
22 | township board and the corporate authorities of the | ||||||
23 | municipality shall hold public hearings on those matters after |
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1 | notice of the hearing has been published in a newspaper having | ||||||
2 | general circulation in the township and municipality. The | ||||||
3 | notice shall be published at least 30 days before the date of | ||||||
4 | the hearing. | ||||||
5 | (b) Before a referendum is placed on the ballot under | ||||||
6 | Section 29-15, each township board shall publish a copy of the | ||||||
7 | resolution adopted under Section 29-5 in a newspaper of general | ||||||
8 | circulation in the township and municipality affected. The | ||||||
9 | notice shall be published at least 30 days before the date of | ||||||
10 | the general election in which the referendum will appear. | ||||||
11 | Each township board shall additionally mail a copy of the | ||||||
12 | adopted resolution, along with a copy of the referendum | ||||||
13 | language, the date the referendum will appear, and a list of | ||||||
14 | all taxes levied in the affected townships, to every registered | ||||||
15 | voter in each township affected. The notice shall be mailed at | ||||||
16 | least 30 days before the date of the election in which the | ||||||
17 | referendum will appear. | ||||||
18 | (60 ILCS 1/29-15 new) | ||||||
19 | Sec. 29-15. Referendum for cessation of township. Upon the | ||||||
20 | adoption of resolutions under Section 29-5 by both the township | ||||||
21 | and municipality, the township board and corporate authorities | ||||||
22 | of the municipality shall certify the question to the election | ||||||
23 | authority and the authority shall cause to be submitted to the | ||||||
24 | voters of the township and municipality at the next election a | ||||||
25 | referendum to discontinue the township and to transfer all the |
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1 | rights, powers, duties, assets, property, liabilities, | ||||||
2 | obligations, and responsibilities of the township to the | ||||||
3 | municipality. The referendum shall be substantially in the | ||||||
4 | form: | ||||||
5 | Shall the township of (name
of township) Township | ||||||
6 | cease? | ||||||
7 | The votes shall be recorded as "Yes" or "No". The | ||||||
8 | referendum is approved when a majority of the voters, in both | ||||||
9 | the township and municipality, approve the referendum. | ||||||
10 | If the referendum is approved there shall be no further | ||||||
11 | nominations or elections for clerks, assessors, collectors, | ||||||
12 | highway commissioners, supervisors, or trustees of the | ||||||
13 | township or highway commission, and the terms of all such | ||||||
14 | officers currently serving shall continue until the third | ||||||
15 | Monday of May of the year of the consolidated election in which | ||||||
16 | township officials are elected next following the approval of a | ||||||
17 | referendum under this Section. | ||||||
18 | (60 ILCS 1/29-20 new) | ||||||
19 | Sec. 29-20. Cessation of township. On the third Monday in | ||||||
20 | May in the year of the consolidated election in which township | ||||||
21 | officials are elected next following the approval of a | ||||||
22 | referendum under under Section 29-15: | ||||||
23 | (1) the township is discontinued and abolished and all | ||||||
24 | the rights, powers, duties, assets, property, liabilities, | ||||||
25 | obligations, and responsibilities of the township shall |
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1 | vest in and be assumed by the municipality, including the | ||||||
2 | authority to levy property taxes for township purposes in | ||||||
3 | the same manner as the dissolved township without an | ||||||
4 | additional ordinance, resolution, or referendum; | ||||||
5 | (2) all townships officers shall cease to hold office; | ||||||
6 | (3) the municipality shall exercise all duties and | ||||||
7 | responsibilities of the township officers as provided in | ||||||
8 | the Township Code, the Illinois Public Aid Code, the | ||||||
9 | Property Tax Code, and the Illinois Highway Code, as | ||||||
10 | applicable. The municipality may enter into an | ||||||
11 | intergovernmental agreement with the county or the State to | ||||||
12 | administer the duties and responsibilities of the township | ||||||
13 | officers for services under its jurisdiction; and | ||||||
14 | (4) any road district located within the township is | ||||||
15 | abolished and its jurisdiction, rights, powers, duties, | ||||||
16 | assets, property, liabilities, obligations, and | ||||||
17 | responsibilities shall vest in and be assumed by the | ||||||
18 | municipality and the highway commissioner of the abolished | ||||||
19 | road district shall cease to hold office. The corporate | ||||||
20 | authorities of the municipality shall: exercise the taxing | ||||||
21 | authority of a road district abolished under this Section; | ||||||
22 | exercise all duties and responsibilities of the highway | ||||||
23 | commissioner as provided in the Illinois Highway Code; and | ||||||
24 | for purposes of distribution of revenue, assume the powers, | ||||||
25 | duties, and obligations of the road district in the | ||||||
26 | discontinued township. The corporate authorities of a |
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1 | municipality may enter into an intergovernmental agreement | ||||||
2 | or a contract with the county, another municipality, or a | ||||||
3 | private contractor to administer the roads which were under | ||||||
4 | the jurisdiction of the abolished road district. | ||||||
5 | (60 ILCS 1/29-25 new) | ||||||
6 | Sec. 29-25. Business, records, and property of | ||||||
7 | discontinued township. The records of a township discontinued | ||||||
8 | under this Article shall be deposited in the municipality's | ||||||
9 | city clerk's office. The municipality may close up all | ||||||
10 | unfinished business of the township and sell and dispose of any | ||||||
11 | of the property belonging to the township for benefit of the | ||||||
12 | inhabitants of the municipality.
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13 | (60 ILCS 1/65-20)
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14 | Sec. 65-20. Road district treasurer; new township; | ||||||
15 | multi-township
officers. | ||||||
16 | (a) Compensation of township officers shall be set by the | ||||||
17 | township board
at least 180 days before the beginning of the | ||||||
18 | terms of officers,
including compensation of the road district | ||||||
19 | treasurer, which shall be not less
than $100 or more than | ||||||
20 | $1,000 per year.
Compensation of a township assessor and | ||||||
21 | collector shall be set at the same
time as the compensation of | ||||||
22 | the township supervisor. Compensation of a
multi-township | ||||||
23 | assessor shall be set at least 150 days before his or her
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24 | election.
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1 | (b) The compensation to be paid to each officer in a new | ||||||
2 | township
established under Section 10-25 shall be determined | ||||||
3 | under this Section by
the township board of the township the | ||||||
4 | whole or a part of which
comprises the new township and that | ||||||
5 | has the highest equalized assessed
valuation (as of December | ||||||
6 | 31, 1972) of the old townships that comprise the new
township.
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7 | (c) At least 150 days before the
election of multi-township | ||||||
8 | officers, the multi-township board may establish
additional | ||||||
9 | pay of those board members for their services in an amount not | ||||||
10 | to
exceed $25 per day for each day of services.
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11 | (d) For the first term of a township consolidated or merged | ||||||
12 | under Article 22 or 23, compensation for township officers of | ||||||
13 | the consolidated or merged township shall be set by the | ||||||
14 | Township Transition Board no later than the first day in April | ||||||
15 | before the consolidated election at which the township officers | ||||||
16 | are to be elected. | ||||||
17 | (Source: P.A. 90-210, eff. 7-25-97.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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