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Full Text of SB0003  100th General Assembly

SB0003enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB0003 EnrolledLRB100 06370 AWJ 16409 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by adding Section
53-7 and by changing Section 28-1 as 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
9are elected next following the certification of a successful
10referendum to consolidate townships under Article 22 of the
11Township Code, the qualified electors entitled to caucus, vote
12for, be nominated for, and run for offices in the consolidated
13township that is to be formed are those registered voters
14residing in any of the townships identified in the referendum
15as they exist prior to consolidation.
16    (b) In the consolidated election where township trustees
17are elected next following the certification of a successful
18referendum to dissolve a township and merge its territory into
192 adjacent townships under Article 23 of the Township Code, the
20qualified electors entitled to caucus, vote for, be nominated
21for, and run for offices in a receiving township shall also
22include those registered voters residing in the territory of
23the dissolving township described in the resolutions adopted

 

 

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1under Section 23-10 of the Township Code as the territory to be
2merged with the receiving township. For purposes of this
3subsection (b) only, "dissolving township" and "receiving
4township" have the meaning provided in Section 23-5 of the
5Township Code.
 
6    (10 ILCS 5/28-1)  (from Ch. 46, par. 28-1)
7    Sec. 28-1. The initiation and submission of all public
8questions to be voted upon by the electors of the State or of
9any political subdivision or district or precinct or
10combination of precincts shall be subject to the provisions of
11this Article.
12    Questions of public policy which have any legal effect
13shall be submitted to referendum only as authorized by a
14statute which so provides or by the Constitution. Advisory
15questions of public policy shall be submitted to referendum
16pursuant to Section 28-5 or pursuant to a statute which so
17provides.
18    The method of initiating the submission of a public
19question shall be as provided by the statute authorizing such
20public question, or as provided by the Constitution.
21    All public questions shall be initiated, submitted and
22printed on the ballot in the form required by Section 16-7 of
23this Act, except as may otherwise be specified in the statute
24authorizing a public question.
25    Whenever a statute provides for the initiation of a public

 

 

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1question by a petition of electors, the provisions of such
2statute shall govern with respect to the number of signatures
3required, the qualifications of persons entitled to sign the
4petition, the contents of the petition, the officer with whom
5the petition must be filed, and the form of the question to be
6submitted. If such statute does not specify any of the
7foregoing petition requirements, the corresponding petition
8requirements of Section 28-6 shall govern such petition.
9    Irrespective of the method of initiation, not more than 3
10public questions other than (a) back door referenda, (b)
11referenda to determine whether a disconnection may take place
12where a city coterminous with a township is proposing to annex
13territory from an adjacent township, (c) referenda held under
14the provisions of the Property Tax Extension Limitation Law in
15the Property Tax Code, or (d) referenda held under Section
162-3002 of the Counties Code, or (e) referenda held under
17Article 22, 23, or 29 of the Township Code may be submitted to
18referendum with respect to a political subdivision at the same
19election.
20    If more than 3 propositions are timely initiated or
21certified for submission at an election with respect to a
22political subdivision, the first 3 validly initiated, by the
23filing of a petition or by the adoption of a resolution or
24ordinance of a political subdivision, as the case may be, shall
25be printed on the ballot and submitted at that election.
26However, except as expressly authorized by law not more than

 

 

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1one proposition to change the form of government of a
2municipality pursuant to Article VII of the Constitution may be
3submitted at an election. If more than one such proposition is
4timely initiated or certified for submission at an election
5with respect to a municipality, the first validly initiated
6shall be the one printed on the ballot and submitted at that
7election.
8    No public question shall be submitted to the voters of a
9political subdivision at any regularly scheduled election at
10which such voters are not scheduled to cast votes for any
11candidates for nomination for, election to or retention in
12public office, except that if, in any existing or proposed
13political subdivision in which the submission of a public
14question at a regularly scheduled election is desired, the
15voters of only a portion of such existing or proposed political
16subdivision are not scheduled to cast votes for nomination for,
17election to or retention in public office at such election, but
18the voters in one or more other portions of such existing or
19proposed political subdivision are scheduled to cast votes for
20nomination for, election to or retention in public office at
21such election, the public question shall be voted upon by all
22the qualified voters of the entire existing or proposed
23political subdivision at the election.
24    Not more than 3 advisory public questions may be submitted
25to the voters of the entire state at a general election. If
26more than 3 such advisory propositions are initiated, the first

 

 

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13 timely and validly initiated shall be the questions printed
2on the ballot and submitted at that election; provided however,
3that a question for a proposed amendment to Article IV of the
4Constitution pursuant to Section 3, Article XIV of the
5Constitution, or for a question submitted under the Property
6Tax Cap Referendum Law, shall not be included in the foregoing
7limitation.
8(Source: P.A. 93-308, eff. 7-23-03.)
 
9    Section 10. The Counties Code is amended by changing the
10heading of Division 2-4, by changing Sections 2-4006, 5-44010,
115-44020, and by adding Section 5-44043 as follows:
 
12    (55 ILCS 5/Div. 2-4 heading)
13
Division 2-4. Counties not under
14
Township Organization
15
Organized as a Commission
16
Form of Government

 
17    (55 ILCS 5/2-4006)
18    Sec. 2-4006. Terms of commissioners.
19    (a) In every county not under township organization that is
20organized as a commission form of government having 3
21commissioners elected at large as described in subsection (b)
22or (c), the commissioners shall be elected as provided in this
23Section.

 

 

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1    (b) In a county in which one commissioner was elected at
2the general election in 1992 to serve for a term of 4 years and
3in which 2 commissioners will be elected at the general
4election in 1994, the commissioner elected in 1994 and
5receiving the greatest number of votes shall serve for a term
6of 6 years. The other commissioner elected in 1994 shall serve
7for a term of 4 years. At the general election in 1996 and at
8each general election thereafter, one commissioner shall be
9elected to serve for a term of 6 years.
10    (c) In a county in which 2 commissioners were elected at
11the general election in 1992 to serve for terms of 4 years and
12in which one commissioner will be elected at the general
13election in 1994, the commissioner elected in 1994 shall serve
14for a term of 4 years. The commissioner elected in 1996 and
15receiving the greatest number of votes shall serve for a term
16of 6 years. The other commissioner elected in 1996 shall serve
17for a term of 4 years. At the general election in 1998 and at
18each general election thereafter, one commissioner shall be
19elected to serve for a term of 6 years.
20    (c-5) In Calhoun County, Edwards County, and Union County,
21the registered voters of the county may, upon referendum
22initiated by (i) the adoption of a resolution of the board of
23county commissioners or (ii) a petition signed by not less than
2410% of the registered voters in the county, determine that the
25board of county commissioners shall consist of 5 commissioners
26elected at large. The commissioners must certify the question

 

 

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1to the proper election authority, which must submit the
2question at an election in accordance with the general election
3law.
4    The question shall be submitted in substantially the
5following form:
6        "Shall the board of county commissioners of (county)
7    consist of 5 commissioners elected at large?"
8    Votes must be recorded as "Yes" or "No". If a majority of
9the electors voting on the question vote in the affirmative,
10then a 5-member board of county commissioners shall be
11established beginning with the next general election. The
12County Clerk, in consultation with the State's Attorney for the
13county, shall develop and present to the board of county
14commissioners, to implement by the adoption of a resolution,
15the transition of terms for the current 3-member board of
16commissioners and the addition of 2 commissioners for 6-year
17terms. Thereafter, commissioners shall be elected at each
18general election to fill expired terms.
19    (d) The provisions of this Section do not apply to
20commissioners elected under Section 2-4006.5 of this Code.
21(Source: P.A. 96-175, eff. 8-10-09.)
 
22    (55 ILCS 5/5-44010)
23    Sec. 5-44010. Applicability. The powers and authorities
24provided by this Division 5-44 apply to all counties DuPage,
25Lake, and McHenry Counties and units of local government within

 

 

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1such counties.
2(Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.)
 
3    (55 ILCS 5/5-44020)
4    Sec. 5-44020. Definitions. In this Division 5-44:
5    "Fire protection jurisdiction" means a fire protection
6district, municipal fire department, or service organized
7under Section 5-1056.1 of the Counties Code, Sections 195 and
8200 of the Township Code, Section 10-2.1 of the Illinois
9Municipal Code, or the Illinois Fire Protection District Act.
10    "Governing board" means the individual or individuals who
11constitute the corporate authorities of a unit of local
12government.
13    "Unit of local government" or "unit" means any unit of
14local government located entirely within one county, to which
15the county board chairman or county executive directly appoints
16a majority of its governing board with the advice and consent
17of the county board, but shall not include a fire protection
18district that directly employs any regular full-time
19employees, a conservation district organized under the
20Conservation District Act, or a special district organized
21under the Water Commission Act of 1985, a community mental
22health board established under the Community Mental Health
23Board Act, or a board established under the County Care for
24Persons with Developmental Disabilities Act.
25(Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14;

 

 

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199-709, eff. 8-5-16.)
 
2    (55 ILCS 5/5-44043 new)
3    Sec. 5-44043. Rights and obligations of employees.
4    (a) The status and rights of employees represented by an
5exclusive bargaining representative shall not be affected by
6the dissolution of a unit of local government under this
7Division, except that this subsection does not apply in DuPage,
8Lake, and McHenry Counties for actions taken before the
9effective date of this amendatory Act of the 100th General
10Assembly.
11    (b) Obligations of the dissolving unit of local government
12assumed by the trustee-in-dissolution, county, or governing
13body of a special service area include the obligation to honor
14representation rights under the Illinois Public Labor
15Relations Act and any collective bargaining agreements
16existing on the date of dissolution of the unit of local
17government.
18    (c) The rights of employees under any pensions, retirement
19plans, or annuity plans existing on the date of dissolution of
20the unit of local government are not affected by the
21dissolution of a unit of local government under this Division.
 
22    Section 15. The Township Code is amended by adding Articles
2322, 23, and 29 and by changing Sections 10-25, 25-15, 25-25,
24and 65-20 as follows:
 

 

 

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1    (60 ILCS 1/10-25)
2    Sec. 10-25. Plan for changes in townships.
3    (a) The county board of each county may, subject to a
4referendum in the townships affected as provided in this
5Section, adopt a plan for altering the boundaries of townships,
6changing township lines, dividing, enlarging, or consolidating
7townships, or creating new townships, so that each township
8shall possess an equalized assessed valuation of not less than
9$10,000,000 as of the 1982 assessment year or an area of not
10more than 126 square miles.
11    (b) No alteration or change in boundaries shall be
12effective unless approved by a referendum in each township
13affected. The election authority shall submit to the voters of
14each township affected, at a regular election to be held not
15less than 60 days after the plan is adopted, the question of
16approving the alteration or change. The alterations or changes,
17if approved by the voters, shall take effect on the date of the
18next township election and shall be applicable to that
19election. If there is doubt as to the township clerk with whom
20nomination papers for that election should be filed, the county
21board shall designate the clerk. In the alteration of
22boundaries, a county board may not disturb urban or coterminous
23townships in existence on October 1, 1978.
24(Source: P.A. 84-1308; 88-62.)
 

 

 

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1    (60 ILCS 1/Art. 22 heading new)
2
ARTICLE 22. CONSOLIDATION OF
3
MULTIPLE TOWNSHIPS

 
4    (60 ILCS 1/22-5 new)
5    Sec. 22-5. Resolution for consolidation; notice.
6    (a) Notwithstanding any other provision of law to the
7contrary, the township boards of any 2 or more adjacent
8townships may, by identical resolutions of each board, propose
9consolidation by referendum: (i) into a new township; or (ii)
10into an existing township. Each resolution shall include, but
11is not limited to, the following:
12        (1) the name of the proposed new consolidated township
13    or the name of the existing township into which all
14    townships will be consolidated;
15        (2) a description of how each road district or road
16    districts of a dissolving township shall comply with
17    subsection (c) of Section 22-20 if a township will be
18    consolidating into an existing township;
19        (3) the names of all townships that will be
20    consolidating and a description of the area of
21    consolidation; and
22        (4) the date of the general election at which the
23    referendum shall be held.
24    All resolutions shall be passed not less than 79 days
25before the general election stated in the resolutions. For

 

 

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1purposes of this Section, 3 or more townships are adjacent when
2each township shares a boundary with at least one of the other
3townships which are to be consolidated.
4    (b) Before passing a resolution under subsection (a), each
5township board shall hold a public hearing on those matters
6after notice of the hearing has been published on the main page
7of the townships' websites, if any, and in a newspaper having a
8general circulation in the townships affected. The notice shall
9be published at least 30 days before the date of the hearing.
10The notice shall contain, at a minimum, the name of all
11townships that will be consolidating and a description of the
12area of consolidation.
 
13    (60 ILCS 1/22-10 new)
14    Sec. 22-10. Referendum.
15    (a) Upon the adoption of resolutions under Section 22-5 by
16each township, the township boards shall certify the question
17to the election authority and the authority shall cause to be
18submitted to the voters of each township at the general
19election specified in the resolutions a referendum to
20consolidate the townships. The referendum shall be
21substantially in the following form:
22        Shall (names of townships) be consolidated into [a new
23    township called (name of proposed consolidated
24    township)/the township of (name of existing township)]?
25    The votes shall be recorded as "Yes" or "No".

 

 

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1    The referendum is approved when a majority of the voters,
2in each of the affected townships, approve the referendum.
3    (b) Before a referendum appears on the ballot under
4subsection (a), each township board shall publish a copy of the
5adopted resolution on the main page of the townships' websites,
6if any, and in a newspaper having a general circulation in each
7of the townships affected. The notice shall be published at
8least 30 days before the date of the general election in which
9the referendum will appear.
10    Each township board shall additionally mail a copy of the
11adopted resolution, along with a copy of the referendum
12language and a list of all taxes levied for general township
13purposes in the affected townships, to every registered voter
14in each township affected. The notice shall be mailed at least
1530 days before the date of the general election in which the
16referendum will appear.
17    (c) Notwithstanding any provision of law to the contrary,
18no tax rate may be extended for any fund of the consolidated
19district for the first levy year of the consolidated district
20that exceeds any statutory maximum set forth for that fund,
21unless the referendum also conforms to the requirements of the
22Property Tax Extension Limitation Law or other statutory
23provision setting forth that limitation.
 
24    (60 ILCS 1/22-15 new)
25    Sec. 22-15. Transition. Notwithstanding any other

 

 

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1provision of law to the contrary, upon the approval of a
2referendum under Section 22-10:
3    (a) There shall be no further nominations or elections for
4clerks, assessors, collectors, highway commissioners,
5supervisors, or trustees of any of the separate townships or
6highway commissions, and the terms of all such officers
7currently serving shall continue until the third Monday of May
8of the year in which township officials are elected next
9following the approval of a referendum under Section 22-10.
10    (b) A Transition Township Board is formed and is composed
11of the members of the separate townships boards. The Transition
12Township Board has only the following powers: (1) to propose
13and approve the compensation of all officials of the
14consolidated township that will be elected at the consolidated
15election next following the passage of the referendum under
16Section 22-10; and (2) to propose and approve additional debt
17to be taken on by any of the separate townships.
18    (c) The Transition Township Board shall hold a public
19hearing no later than the last Tuesday in December before the
20consolidated township board of trustees are elected next
21following the approval of a referendum under Section 22-10. If
22the Board cannot agree on the compensation for an official by
23the first Tuesday in April before the consolidated election of
24township officials next following the approval of a referendum
25under Section 22-10, then the compensation for that official
26shall be equal to the lowest compensation for the same office

 

 

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1between the separate townships in the preceding calendar year.
2    (d) The separate townships shall not incur any additional
3debt without the approval of the Transition Township Board. For
4purposes of this Section, "debt" has the meaning ascribed to
5that term in Section 23-5.
6    (e) Section 3-7 of the Election Code shall govern those
7individuals entitled to caucus, vote for, be nominated for, and
8run for offices for the consolidated township at the
9consolidated election of township officials next following the
10approval of a referendum under Section 22-10.
 
11    (60 ILCS 1/22-20 new)
12    Sec. 22-20. Consolidated township.
13    (a) On the third Monday of May of the year in which
14township officials are elected following the approval of a
15referendum under Section 22-10, the following shall occur:
16        (1) the separate townships cease and the consolidated
17    township is created;
18        (2) all rights, powers, duties, assets, and property,
19    together with all personnel, contractual obligations,
20    other obligations, responsibilities, and liabilities of
21    the separate townships are transferred to the consolidated
22    township; those rights include, but are not limited to, the
23    authority to continue to collect, receive, and expend the
24    proceeds of any tax levied by any of the separate townships
25    prior to the creation of the consolidated township without

 

 

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1    an additional ordinance, resolution, or referendum; the
2    proceeds of any tax levied by any of the separate townships
3    prior to the creation of the consolidated township shall be
4    expended or disposed of by the consolidated township in the
5    same manner as such assessments might have been expended or
6    disposed of by the separate townships; however, if the
7    consolidated township board determines that there is a
8    surplus in the fund for general township purposes on
9    December 31 of the calendar year in which the consolidation
10    occurs, then any portion of the surplus that is solely
11    attributable to the consolidation shall be refunded to the
12    owners of record of taxable property within the
13    consolidated district on a pro rata basis; and
14        (3) road districts located within the separate
15    townships are abolished.
16    (b) When a new township is created, a new road district
17encompassing the consolidated township is created. All the
18rights, powers, duties, assets, property, liabilities,
19obligations, and responsibilities of the separate road
20districts shall vest in and be assumed by the new road district
21as provided for in the resolutions adopted under Section 22-5.
22The new township board of trustees shall exercise the taxing
23authority of a road district abolished under this Section. The
24highway commissioners of the abolished road districts shall
25cease to hold office on the date the road district is
26abolished. The new township board shall exercise all duties and

 

 

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1responsibilities of the highway commissioner as provided in the
2Illinois Highway Code. For purposes of distribution of revenue,
3the new township shall assume the powers, duties, and
4obligations of the road district of the dissolving road
5district. The new township board may enter into a contract with
6the county, a municipality, or a private contractor to
7administer the roads under the new road district.
8    (c) When a township consolidates into an existing township,
9all the rights, powers, duties, assets, property, liabilities,
10obligations, and responsibilities of the abolished road
11districts shall vest in and be assumed by the existing
12township's road district as provided for in the resolutions
13adopted under Section 22-5. The consolidated township board of
14trustees shall exercise the taxing authority of a road district
15abolished under this Section. Highway commissioners of the
16abolished road districts shall cease to hold office on the date
17the road district is abolished. The consolidated township shall
18exercise all duties and responsibilities of the highway
19commissioner as provided in the Illinois Highway Code. For
20purposes of distribution of revenue, the existing township's
21road district or districts shall assume the powers, duties, and
22obligations of the road district of the dissolving road
23district.
 
24    (60 ILCS 1/Art. 23 heading new)
25
ARTICLE 23. MERGER OF A SINGLE

 

 

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1
TOWNSHIP INTO 2 OTHER TOWNSHIPS

 
2    (60 ILCS 1/23-5 new)
3    Sec. 23-5. Definitions. As used in this Article:
4    "Dissolving road district" means a road district in a
5dissolving township, which is dissolved under subsection (c) of
6Section 23-25.
7    "Dissolving township" means a township which is proposed to
8be dissolved into and be merged with 2 other adjacent
9townships.
10    "Equalized assessed value" has the meaning provided in
11Section 18-213 of the Property Tax Code.
12    "Debt" means indebtedness incurred by a dissolving
13township including, but not limited to, mortgages, judgments,
14and moneys due through the issuance and sale of bonds, or
15through an equivalent manner of borrowing for which notes or
16other evidences of indebtedness are issued fixing the amount of
17principal and interest from time to time payable to retire the
18indebtedness.
19    "Receiving township" means a township into which a portion
20of the dissolving township will be merged.
 
21    (60 ILCS 1/23-10 new)
22    Sec. 23-10. Resolution for merger; notice.
23    (a) Notwithstanding any other provision of law to the
24contrary, the township boards of any 3 adjacent townships may,

 

 

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1by identical resolutions of each board, propose that a township
2which borders the other 2 townships be dissolved by referendum
3and all rights, powers, duties, assets, and property, together
4with all personnel, contractual obligations, other
5obligations, responsibilities, and liabilities of the
6dissolving township transferred to the receiving townships.
7Each resolution shall include, but is not limited to, the
8following:
9        (1) a legal description of the former territory of the
10    dissolving township each receiving township will take upon
11    the dissolution of the dissolving township;
12        (2) a description of how all assets and property,
13    together with all personnel, contractual obligations,
14    other obligations, responsibilities, and liabilities of
15    the dissolving township will be transferred to the
16    receiving townships;
17        (3) the tax rates for general township purposes for the
18    immediately preceding levy year, as extended and collected
19    in the year in which the resolution is adopted, for the
20    dissolving township and each receiving township;
21        (4) a description and amount of all debt each receiving
22    township shall assume after the dissolving township
23    dissolves. The debt shall be assumed by each receiving
24    township in equal proportion to the equalized assessed
25    value of the land and property that will be received by
26    each receiving township from the dissolving township

 

 

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1    unless otherwise agreed to in the resolutions;
2        (5) a description of how each road district or road
3    districts of a dissolving township shall comply with
4    subsection (c) of Section 23-25; and
5        (6) the date of the general election at which the
6    referendum shall be held.
7    All resolutions shall be passed not less than 79 days
8before the general election stated in the resolutions.
9    (b) Before passing a resolution under this Section, each
10township board shall hold a public hearing on those matters
11after notice of the hearing has been published on the main page
12of the townships' websites, if any, and in a newspaper having a
13general circulation in the townships affected. The notice shall
14be published at least 30 days before the date of the hearing.
15The notice shall contain, at a minimum, the name of the
16dissolving township and receiving townships and a description
17of the area each receiving township will receive from the
18dissolving township.
 
19    (60 ILCS 1/23-15 new)
20    Sec. 23-15. Referendum and notices.
21    (a) Upon the adoption of resolutions under Section 23-10 by
22all townships, the township boards shall certify the question
23to the election authority and the authority shall cause to be
24submitted to the voters of all townships at the general
25election specified in the resolutions a referendum to

 

 

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1consolidate the townships. The referendum shall be
2substantially in the following form:
3        Shall (name of dissolving township) be dissolved into
4    (names of receiving townships)?
5    The votes shall be recorded as "Yes" or "No".
6    The referendum is approved when a majority of the voters,
7in each of the affected townships, approve the referendum.
8    (b) Before a referendum appears on the ballot under
9subsection (a), the township boards shall publish a copy of the
10adopted resolution on the main page of the townships' websites,
11if any, and in a newspaper having a general circulation in each
12of the townships affected. The notice shall be published at
13least 30 days before the date of the general election.
14    Each township board shall additionally mail a copy of the
15adopted resolution, along with a copy of the referendum
16language and a list of all taxes levied for general township
17purposes in the affected townships, to every registered voter
18in each township affected. The notice shall be mailed at least
1930 days before the date of the general election in which the
20referendum will appear.
21    (c) Notwithstanding any provision of law to the contrary,
22no tax rate may be extended for any fund of the consolidated
23district for the first levy year of the consolidated district
24that exceeds any statutory maximum set forth for that fund,
25unless the referendum also conforms to the requirements of the
26Property Tax Extension Limitation Law or other statutory

 

 

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1provision setting forth that limitation.
 
2    (60 ILCS 1/23-20 new)
3    Sec. 23-20. Transition.
4    (a) Notwithstanding any other provision of law to the
5contrary, upon the approval of a referendum under Section
623-15:
7        (1) there shall be no further nominations or elections
8    for clerks, assessors, collectors, highway commissioners,
9    supervisors, or trustees of the dissolving township or
10    highway commissions and the terms of all such officers
11    currently serving shall continue until the third Monday of
12    May of the year in which township officials are elected
13    following the approval of a referendum under Section 23-15;
14        (2) a Transition Township Board is formed for each
15    receiving township. Each Transition Township Board shall
16    be composed of the members of the dissolving township
17    boards plus the members of the receiving township board.
18    The Transition Township Board shall only have authority to
19    do the following under paragraphs (3) and (4) of this
20    Section: provide for the compensation for all receiving
21    township officials that will be elected at the consolidated
22    election next following the approval of a referendum under
23    Section 23-15; and approving additional debt to be taken on
24    by the dissolving township;
25        (3) each Transition Township Board shall hold a public

 

 

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1    meeting no later than the first Tuesday in April before the
2    receiving townships' boards of trustees are elected at the
3    consolidated election next following the approval of a
4    referendum under Section 23-15. At this public meeting, the
5    Transition Township Board shall provide for the
6    compensation for all township officials that will be
7    elected at the consolidated election. If the Board cannot
8    agree on the compensation for an official, then the
9    compensation for the same office between the receiving and
10    dissolving townships shall be the lower compensation for
11    the office in the dissolving township or receiving
12    township;
13        (4) the dissolving township shall not incur any
14    additional debt without the approval of the Transition
15    Township Board of each receiving township that would assume
16    such debt after dissolution of the dissolving township; and
17        (5) Section 3-7 of the Election Code shall govern those
18    individuals entitled to caucus, vote for, be nominated for,
19    and run for offices for the receiving townships at the
20    consolidated election of township officials next following
21    the approval of a referendum under Section 23-15.
22    (b) Upon the approval of a referendum under Section 23-15,
23the receiving townships may enter into an intergovernmental
24agreement under the Intergovernmental Cooperation Act for any
25lawful purpose relating to the land or property contained in
26the dissolving township after the township is dissolved.
 

 

 

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1    (60 ILCS 1/23-25 new)
2    Sec. 23-25. Merged township. On the third Monday of May of
3the year in which township officials are elected following the
4approval of a referendum under Section 23-15, the following
5shall occur:
6        (a) The dissolving township ceases.
7        (b) All rights, powers, duties, assets, and property,
8    together with all personnel, contractual obligations,
9    other obligations, responsibilities, and liabilities of
10    the dissolving township are transferred to the receiving
11    townships as provided in the resolution adopted under
12    Section 23-10. The rights include, but are not limited to,
13    the authority to continue to collect and receive any tax
14    levied prior to the creation of the merged townships
15    without an additional ordinance, resolution, or
16    referendum.
17        (c) Road districts located within the dissolving
18    township are abolished and all the rights, powers, duties,
19    assets, property, liabilities, obligations, and
20    responsibilities of the dissolving road districts shall
21    vest in and be assumed by the receiving townships' road
22    districts as provided for in the resolutions adopted under
23    Section 23-10; the boards of trustees of the receiving
24    townships shall exercise the taxing authority of a road
25    district dissolved under this Section and shall exercise

 

 

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1    all duties and responsibilities of the highway
2    commissioner as provided in the Illinois Highway Code
3    unless a road district in the receiving township has a
4    highway commissioner who shall assume all duties and
5    responsibilities of the highway commissioner of the
6    dissolving road districts if so resolved by the receiving
7    township board; highway commissioners of the dissolving
8    road districts shall cease to hold office on the date the
9    road district is abolished; and for purposes of
10    distribution of revenue, the receiving townships' road
11    districts, or the township board if no road districts
12    exist, shall assume the powers, duties, and obligations of
13    the dissolving road district.
 
14    (60 ILCS 1/25-15)
15    Sec. 25-15. Selection of county governing body; election
16Election of county commissioners. When township organization
17ceases in any county as provided in this Article, the county
18board may by ordinance or resolution restructure into a
19commission form of government on or before 180 days after a
20township organization ceases. If the county board votes to
21assume a commission form of government, an election shall be
22held in the county at the next general election in an
23even-numbered year for 3 county commissioners who shall hold
24office for 2, 4, and 6 years, respectively, and until their
25successors are elected and qualified. Terms shall be determined

 

 

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1by lot. At each succeeding general election after the first,
2one commissioner shall be elected.
3(Source: P.A. 82-783; 88-62.)
 
4    (60 ILCS 1/25-25)
5    Sec. 25-25. Disposal of township records and property. When
6township organization is discontinued in any county, the
7records of the several townships shall be deposited in the
8county clerk's office. The county board or board of county
9commissioners of the county may close up all unfinished
10business of the several townships and sell or and dispose of
11any of the property belonging to a township for the benefit of
12the inhabitants of the township, as fully as might have been
13done by the townships themselves. The county board or board of
14county commissioners may pay all the indebtedness of any
15township existing at the time of the discontinuance of township
16organization and cause the amount of the indebtedness, or so
17much as may be necessary, to be levied upon the property of the
18township.
19(Source: P.A. 82-783; 88-62.)
 
20    (60 ILCS 1/Art. 29 heading new)
21
ARTICLE 29. DISCONTINUANCE OF
22
TOWNSHIP WITHIN COTERMINOUS
23
MUNICIPALITY: ALL TOWNSHIPS

 

 

 

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1    (60 ILCS 1/29-5 new)
2    Sec. 29-5. Resolutions to discontinue and abolish a
3township. The township board and the corporate authorities of a
4coterminous, or substantially coterminous, municipality may by
5resolutions of the board and corporate authorities, and after
6referendum of the voters of the township and municipality: (1)
7discontinue and abolish the township; (2) transfer all the
8rights, powers, duties, assets, property, liabilities,
9obligations, and responsibilities of the township to the
10municipality; and (3) cease and dissolve all township road
11districts with the district's jurisdiction and authority
12transferred to the municipality upon the dissolution of the
13township.
 
14    (60 ILCS 1/29-10 new)
15    Sec. 29-10. Notice.
16    (a) Before passing resolutions under Section 29-5, the
17township board and the corporate authorities of the
18municipality shall hold public hearings on those matters after
19notice of the hearing has been published on the main page of
20the respective entities' websites, if any, and in a newspaper
21having general circulation in the township and municipality.
22The notice shall be published at least 30 days before the date
23of the hearing.
24    (b) Before a referendum is placed on the ballot under
25Section 29-15, each township board shall publish a copy of the

 

 

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1resolution adopted under Section 29-5 on the main page of the
2respective entities' websites, if any, and in a newspaper of
3general circulation in the township and municipality affected.
4The notice shall be published at least 30 days before the date
5of the general election in which the referendum will appear.
6    Each township board shall additionally mail a copy of the
7adopted resolution, along with a copy of the referendum
8language, the date the referendum will appear, and a list of
9all taxes levied in the affected townships, to every registered
10voter in each township affected. The notice shall be mailed at
11least 30 days before the date of the election in which the
12referendum will appear.
 
13    (60 ILCS 1/29-15 new)
14    Sec. 29-15. Referendum for cessation of township. Upon the
15adoption of resolutions under Section 29-5 by both the township
16and municipality, the township board and corporate authorities
17of the municipality shall certify the question to the election
18authority and the authority shall cause to be submitted to the
19voters of the township and municipality at the next election a
20referendum to discontinue the township and to transfer all the
21rights, powers, duties, assets, property, liabilities,
22obligations, and responsibilities of the township to the
23municipality. The referendum shall be substantially in the
24following form:
25        Shall the Township of (name of township) cease?

 

 

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1    The votes shall be recorded as "Yes" or "No". The
2referendum is approved when a majority of the voters, in both
3the township and municipality, approve the referendum.
4    If the referendum is approved, there shall be no further
5nominations or elections for clerks, assessors, collectors,
6highway commissioners, supervisors, or trustees of the
7township or highway commission, and the terms of all such
8officers currently serving shall continue until the third
9Monday of May of the year of the consolidated election in which
10township officials are elected next following the approval of a
11referendum under this Section.
 
12    (60 ILCS 1/29-20 new)
13    Sec. 29-20. Cessation of township. On the third Monday in
14May in the year of the consolidated election in which township
15officials are elected next following the approval of a
16referendum under Section 29-15:
17        (1) the township is discontinued and abolished and all
18    the rights, powers, duties, assets, property, liabilities,
19    obligations, and responsibilities of the township shall
20    vest in and be assumed by the municipality, including the
21    authority to levy property taxes for township purposes in
22    the same manner as the dissolved township without an
23    additional ordinance, resolution, or referendum;
24        (2) all township officers shall cease to hold office;
25        (3) the municipality shall exercise all duties and

 

 

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1    responsibilities of the township officers as provided in
2    the Township Code, the Illinois Public Aid Code, the
3    Property Tax Code, and the Illinois Highway Code, as
4    applicable. The municipality may enter into an
5    intergovernmental agreement with the county or the State to
6    administer the duties and responsibilities of the township
7    officers for services under its jurisdiction; and
8        (4) any road district located within the township is
9    abolished and its jurisdiction, rights, powers, duties,
10    assets, property, liabilities, obligations, and
11    responsibilities shall vest in and be assumed by the
12    municipality and the highway commissioner of the abolished
13    road district shall cease to hold office. The corporate
14    authorities of the municipality shall: exercise the taxing
15    authority of a road district abolished under this Section;
16    exercise all duties and responsibilities of the highway
17    commissioner as provided in the Illinois Highway Code; and
18    for purposes of distribution of revenue, assume the powers,
19    duties, and obligations of the road district in the
20    discontinued township. The corporate authorities of a
21    municipality may enter into an intergovernmental agreement
22    or a contract with the county, another municipality, or a
23    private contractor to administer the roads which were under
24    the jurisdiction of the abolished road district.
 
25    (60 ILCS 1/29-25 new)

 

 

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1    Sec. 29-25. Business, records, and property of
2discontinued township. The records of a township discontinued
3under this Article shall be deposited in the municipality's
4city clerk's office. The municipality may close up all
5unfinished business of the township and sell and dispose of any
6of the property belonging to the township for benefit of the
7inhabitants of the municipality.
 
8    (60 ILCS 1/65-20)
9    Sec. 65-20. Road district treasurer; new township;
10multi-township officers.
11    (a) Compensation of township officers shall be set by the
12township board at least 180 days before the beginning of the
13terms of officers, including compensation of the road district
14treasurer, which shall be not less than $100 or more than
15$1,000 per year. Compensation of a township assessor and
16collector shall be set at the same time as the compensation of
17the township supervisor. Compensation of a multi-township
18assessor shall be set at least 150 days before his or her
19election.
20    (b) The compensation to be paid to each officer in a new
21township established under Section 10-25 shall be determined
22under this Section by the township board of the township the
23whole or a part of which comprises the new township and that
24has the highest equalized assessed valuation (as of December
2531, 1972) of the old townships that comprise the new township.

 

 

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1    (c) At least 150 days before the election of multi-township
2officers, the multi-township board may establish additional
3pay of those board members for their services in an amount not
4to exceed $25 per day for each day of services.
5    (d) For the first term of a township consolidated or merged
6under Article 22 or 23, compensation for township officers of
7the consolidated or merged township shall be set by the
8Transition Township Board no later than the first day in April
9before the consolidated election at which the township officers
10are to be elected.
11(Source: P.A. 90-210, eff. 7-25-97.)
 
12    Section 20. The Home Equity Assurance Act is amended by
13changing Sections 4 and 5 and by adding Section 21 as follows:
 
14    (65 ILCS 95/4)  (from Ch. 24, par. 1604)
15    Sec. 4. Creation of Commission.
16    (a) Whenever in a municipality with more than 1,000,000
17inhabitants, the question of creating a home equity program
18within a contiguous territory included entirely within the
19municipality is initiated by resolution or ordinance of the
20corporate authorities of the municipality or by a petition
21signed by not less than 10% of the total number of registered
22voters of each precinct in the territory, the registered voters
23of which are eligible to sign the petition, it shall be the
24duty of the election authority having jurisdiction over such

 

 

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1municipality to submit the question of creating a home equity
2program to the electors of each precinct within the territory
3at the regular election specified in the resolution, ordinance
4or petition initiating the question. If the question is
5initiated by petition and if the requisite number of signatures
6is not obtained in any precinct included within the territory
7described in the petition, then the petition shall be valid as
8to the territory encompassed by those precincts for which the
9requisite number of signatures is obtained and any such
10precinct for which the requisite number of signatures is not
11obtained shall be excluded from the territory. A petition
12initiating a question described in this Section shall be filed
13with the election authority having jurisdiction over the
14municipality. The petition shall be filed and objections
15thereto shall be made in the manner provided in the general
16election law. A resolution, ordinance, or petition initiating a
17question described in this Section shall specify the election
18at which the question is to be submitted. The referendum on
19such question shall be held in accordance with general election
20law. Such question, and the resolution, ordinance, or petition
21initiating the question, shall include a description of the
22territory, the name of the proposed home equity program, and
23the maximum rate at which the home equity program shall be able
24to levy a property tax. All of that area within the geographic
25boundaries of the territory described in such question shall be
26included in the program, and no area outside the geographic

 

 

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1boundaries of the territory described in such question shall be
2included in the program. If the election authority determines
3that the description cannot be included within the space
4limitations of the ballot, the election authority shall prepare
5large printed copies of a notice of the question, which shall
6be prominently displayed in the polling place of each precinct
7in which the question is to be submitted.
8    (b) Whenever a majority of the voters on such public
9question approve the creation of a home equity program as
10certified by the proper election authorities, the mayor of the
11municipality shall appoint, with the consent of the corporate
12authorities, 9 individuals, to be known as commissioners, to
13serve as the governing body of the home equity program. The
14mayor shall choose 7 of the 9 individuals to be appointed to
15the governing commission from nominees submitted by a community
16organization or community organizations as defined in this Act.
17A community organization may recommend up to 20 individuals to
18serve on a governing commission. Beginning after the effective
19date of this amendatory Act of the 100th General Assembly, a
20home equity commission shall consist of 7 commissioners;
21however, the 9 commissioners serving on a governing commission
22on the effective date of this amendatory Act of the 100th
23General Assembly shall be allowed to finish their current terms
24of service. Thereafter, the number of commissioners shall be
25reduced to 7.
26    No fewer than 5 commissioners serving at any one time shall

 

 

SB0003 Enrolled- 35 -LRB100 06370 AWJ 16409 b

1reside within the territory of the program. Beginning after the
2effective date of this amendatory Act of the 100th General
3Assembly, and upon the number of commissioners being reduced to
47, no fewer than 4 commissioners serving at any one time shall
5reside within the territory of the program.
6    Upon the initial appointment of 7 commissioners to creation
7of a governing commission under the provisions of this
8amendatory Act of the 100th General Assembly, the terms of the
9initial commissioners shall be as follows: one 3 shall serve
10for one year, 3 shall serve for 2 years, and 3 shall serve for 3
11years and until a successor is appointed and qualified. All
12succeeding terms shall be for 3 years, or until a successor is
13appointed or qualified. Commissioners shall serve without
14compensation except for reimbursement for reasonable expenses
15incurred in the performance of duties as a commissioner. A
16vacancy in the office of a member of a commission shall be
17filled in like manner as an original appointment.
18    All proceedings and meetings of the governing commission
19shall be conducted in accordance with the provisions of the
20Open Meetings Act, as now or hereafter amended.
21(Source: P.A. 93-709, eff. 7-9-04.)
 
22    (65 ILCS 95/5)  (from Ch. 24, par. 1605)
23    Sec. 5. Duties and Functions of Commission. The duties and
24functions of the governing commission of a Home Equity Program
25shall include the following:

 

 

SB0003 Enrolled- 36 -LRB100 06370 AWJ 16409 b

1    (a) To conduct or supervise the day-to-day operation of the
2program, including but not limited to the administration of
3homeowner applications for participation in the program and
4homeowner claims against the guarantee fund.
5    (b) To establish policies, rules, regulations, bylaws, and
6procedures for both the governing commission and the program.
7No policies, rules, regulations, or bylaws shall be adopted by
8the governing commission without prior notice to the residents
9of the territory of a program and an opportunity for such
10residents to be heard.
11    (c) To provide annual status reports on the program to the
12mayor and corporate authorities of the municipality.
13    (d) To establish guaranteed value standards which are
14directly linked to the program appraisal, to approve guarantee
15values, to establish requirements for program appraisers
16consistent with subsection (p) of Section 3. In no event shall
17the program guidelines adopted by the governing commission
18provide for selecting appraisers based on criteria other than
19the quality and timeliness of the appraisals provided to the
20governing commission.
21    (e) To manage, administer, and invest the guarantee fund.
22    (f) To liquidate acquired assets to maintain the guarantee
23fund.
24    (g) To participate in arbitration required under the
25program and to subpoena all necessary persons, parties, or
26documents required to proceed with such arbitration.

 

 

SB0003 Enrolled- 37 -LRB100 06370 AWJ 16409 b

1    (h) To employ necessary personnel, acquire necessary
2office space, enter into contractual relationships and
3disburse funds in accordance with the provisions of this Act. A
4governing commission may employ full-time or part-time
5employees.
6    (i) To perform such other functions in connection with the
7program and the guarantee fund as required under this Act.
8(Source: P.A. 85-1044.)
 
9    (65 ILCS 95/21 new)
10    Sec. 21. Tax Reimbursement Program. A governing
11commission, with no less than $4,000,000 unencumbered funds in
12its guarantee fund, may, if authorized by resolution of the
13governing commission upon approval by two-thirds of the
14commissioners, establish a Tax Reimbursement Program to make
15reimbursements to each applicable taxpayer for an amount of no
16more than the total of their pro rata share of the annual levy
17imposed by the commission. Prior to authorizing a reimbursement
18program, an independent licensed public accountant not
19connected with the commission or any entity conducting business
20with the commission shall audit the commission and the proposal
21for the program. The commission may create a program if the
22independent licensed public accountant determines that such a
23program will not reduce the balance of the guarantee fund to
24less than $3,000,000. For the purposes of this Section,
25"applicable taxpayer" means the owner of record that paid the

 

 

SB0003 Enrolled- 38 -LRB100 06370 AWJ 16409 b

1tax levied on property in accordance with Section 11 of this
2Act.
 
3    Section 25. The Street Light District Act is amended by
4changing Section 11 as follows:
 
5    (70 ILCS 3305/11)
6    Sec. 11. Cessation of district organization.
7Notwithstanding any other provision of law, if a majority vote
8of the board of trustees is in favor of the proposition to
9annex the district to another district whose boundaries are
10contiguous, or consolidate the district into a municipality
11with which the district is coterminous or substantially
12coterminous, or consolidate the district into the county in
13which the district sits if the district contains territory
14within only one county, or consolidate the district into the
15township in which the district sits if the entire district is
16located within the district, and if the governing authorities
17of the governmental unit assuming the functions of the former
18district agree by resolution to accept the functions (and
19jurisdiction over the territory, if applicable) of the
20consolidated or annexed district, then the district shall
21cease. On the effective date of the annexation or
22consolidation, all the rights, powers, duties, assets,
23property, liabilities, indebtedness, obligations, bonding
24authority, taxing authority, and responsibilities of the

 

 

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1district shall vest in and be assumed by the governmental unit
2assuming the functions of the former district.
3    The employees of the former district shall be transferred
4to the governmental unit assuming the functions of the former
5district. The governmental unit assuming the functions of the
6former district shall exercise the rights and responsibilities
7of the former district with respect to those employees. The
8status and rights of the employees of the former district under
9any applicable contracts or collective bargaining agreements,
10historical representation rights under the Illinois Public
11Labor Relations Act, or under any pension, retirement, or
12annuity plan shall not be affected by this amendatory Act.
13(Source: P.A. 98-1002, eff. 8-18-14.)
 
14    Section 30. The Illinois Highway Code is amended by
15changing Sections 6-130 and 6-133 and by adding Section 6-135
16as follows:
 
17    (605 ILCS 5/6-130)  (from Ch. 121, par. 6-130)
18    Sec. 6-130. Road district abolishment. Notwithstanding any
19other provision of this Act to the contrary, no township road
20district may continue in existence if the roads forming a part
21of the district do not exceed a total of 4 miles in length as
22determined by the county engineer or county superintendent of
23highways. For purposes of this Section, the roads forming a
24part of a township road district include those roads maintained

 

 

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1by the district, regardless of whether or not those roads are
2owned by the township. On the first Tuesday in April of 1975,
3or of any subsequent year next succeeding the reduction of a
4township road system to a total mileage of 4 miles or less,
5each such township road district shall, by operation of law, be
6abolished. The roads comprising that district at that time
7shall thereafter be administered by the township board of
8trustees by contracting with the county, a municipality or a
9private contractor. The township board of trustees shall assume
10all taxing authority of a township road district abolished
11under this Section.
12(Source: P.A. 94-884, eff. 6-20-06.)
 
13    (605 ILCS 5/6-133)
14    Sec. 6-133. Abolishing a road district in Cook County. By
15resolution, the board of trustees of any township located in
16Cook County, Illinois, may submit a proposition to abolish the
17road district of that township to the electors of that township
18at a general election or consolidated election in accordance
19with the general election law. The ballot shall be in
20substantially the following form:
 
21---------
22    Shall the Road District of the Township of
23........... be abolished with all the rights,YES
24powers, duties, assets, property, liabilities,

 

 

 

SB0003 Enrolled- 41 -LRB100 06370 AWJ 16409 b

1obligations, and responsibilities being assumed ---------
2by the Township of ........... ? NO
3---------
4    In the event that a majority of the electors voting on such
5proposition are in favor thereof, then the road district shall
6be abolished by operation of law effective on January 1 of the
7calendar year immediately following the calendar year in which
8the proposition was approved by the electors or on the date the
9term of the highway commissioner in office at the time the
10proposition was approved by the electors expires, whichever is
11later.
12    On that date, all the rights, powers, duties, assets,
13property, liabilities, obligations, and responsibilities of
14the road district shall by operation of law vest in and be
15assumed by the township. On that date, the township board of
16trustees shall assume all taxing authority of a road district
17abolished under this Section. On that date, any highway
18commissioner of the abolished road district shall cease to hold
19office, such term having been terminated. Thereafter, the
20township shall exercise all duties and responsibilities of the
21highway commissioner as provided in the Illinois Highway Code.
22The township board of trustees may enter into a contract with
23the county, a municipality, or a private contractor to
24administer the roads under its jurisdiction. The township board
25of trustees shall assume all taxing authority of a township

 

 

SB0003 Enrolled- 42 -LRB100 06370 AWJ 16409 b

1road district abolished under this subsection. For purposes of
2distribution of revenue, the township shall assume the powers,
3duties, and obligations of the road district.
4(Source: P.A. 97-611, eff. 1-1-12.)
 
5    (605 ILCS 5/6-135 new)
6    Sec. 6-135. Abolishing a road district with less than 15
7miles of roads.
8    (a) Any township in a county with a population less than
93,000,000 may abolish a road district of that township if the
10roads of the road district are less than 15 miles in length, as
11determined by the county engineer or county superintendent of
12highways, by resolution of a majority of the board of trustees
13to submit a referendum to abolish the road district of that
14township. The referendum shall be submitted to the electors of
15that township at the next general election or consolidated
16election in accordance with the general election law. The
17ballot shall be in substantially the following form:
18--------
19    Shall the Road District of the Township of
20........... be abolished with all the rights,YES
21powers, duties, assets, property, liabilities,
22obligations, and responsibilities being assumed --------
23by the Township of ........... ?NO
24--------
25    (b) If a majority of the electors voting on the referendum

 

 

SB0003 Enrolled- 43 -LRB100 06370 AWJ 16409 b

1under subsection (a) of this Section are in favor of abolishing
2the township road district, then the road district is abolished
3on the January 1 following the approval of the referendum or on
4the date the term of the highway commissioner in office at the
5time the referendum was approved expires, whichever is later.
6    On the date of abolishment: all the rights, powers, duties,
7assets, property, liabilities, obligations, and
8responsibilities of the road district shall by operation of law
9vest in and be assumed by the township; the township board of
10trustees shall assume all taxing authority of a road district
11abolished under this Section; any highway commissioner of the
12abolished road district shall cease to hold office; the
13township shall exercise all duties and responsibilities of the
14highway commissioner as provided in the Illinois Highway Code;
15and for purposes of distribution of revenue, the township shall
16assume the powers, duties, and obligations of the road
17district. The township board of trustees may enter into a
18contract with the county, a municipality, or a private
19contractor to administer the roads added to its jurisdiction
20under this Section.
 
21    Section 99. Effective date. This Act takes effect January
221, 2018.