Full Text of HB2613 94th General Assembly
HB2613 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2613
Introduced 2/18/2005, by Rep. Robert S. Molaro, Lou Lang, Sidney H. Mathias and Angelo Saviano SYNOPSIS AS INTRODUCED: |
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60 ILCS 1/115-10 |
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60 ILCS 1/115-20 |
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Amends the Township Code. Provides that when a petition is filed, signed by not less than 5% or 50 of the registered voters of the township, whichever is greater, that recommends that the board commence the preparation of an open space plan, the township clerk shall provide a public notice within 5 business days after the petition is filed, by the regular notice procedures, of the existence of the filed petition. Provides that a hearing shall be conducted no less than 30 days after the petition was filed to determine the validity of the petition, which may be challenged in accord with the general election law. Provides that a subsequent petition to adopt the open space plan that the township board adopted shall be approved if the petition is determined to be valid following a public notice and a public hearing. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB2613 |
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LRB094 10976 AJO 41576 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Township Code is amended by changing | 5 |
| Sections 115-10 and 115-20 as follows:
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| (60 ILCS 1/115-10)
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| Sec. 115-10. Open space plan; petition.
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| (a) A board desiring to enter upon an open space program | 9 |
| may do so only
after adoption of an open space plan under | 10 |
| Section 115-15. The board shall
commence preparation of an open | 11 |
| space plan under that Section only upon the
filing with the | 12 |
| township clerk of a petition signed by not less than 5% or 50,
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| whichever is greater, of the registered voters of the township | 14 |
| (according to
the voting registration records at the time the | 15 |
| petition is filed) recommending
that the board commence | 16 |
| preparation of an open space plan. Within 5 business days after | 17 |
| the filing of a petition to recommend that the board commence | 18 |
| the preparation of an open space plan, the township clerk shall | 19 |
| provide a public notice of the existence of the petition in the | 20 |
| same manner as notices of meetings of the township board are | 21 |
| provided. A hearing shall be conducted no less than 30 days | 22 |
| after the filing of the petition to determine the validity of | 23 |
| the petition, which may be challenged in accordance with the | 24 |
| general election law.
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| (b) A proposed open space plan shall (i) identify all open | 26 |
| land within
the township that the board deems necessary to | 27 |
| acquire in order to
accomplish the purposes of the open space | 28 |
| program; (ii) state the ways in
which the acquisition of open | 29 |
| land will further open space purposes; (iii)
state the | 30 |
| estimated costs of implementing the proposed plan; (iv) state | 31 |
| the
approximate tax, per $100 of assessed value, that will be | 32 |
| levied to provide the
necessary funds for implementing the |
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HB2613 |
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LRB094 10976 AJO 41576 b |
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| proposed plan; (v) state the estimated
timetable for | 2 |
| implementing the proposed plan; and (vi) establish standards | 3 |
| and
procedures for establishing priorities for the acquisition | 4 |
| of parcels
identified in the plan.
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| (Source: P.A. 85-1140; 88-62.)
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| (60 ILCS 1/115-20)
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| Sec. 115-20. Referendum on recommended plan; petition.
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| (a) If the board recommends adoption of the open space | 9 |
| plan, or if a
subsequent petition is filed by not less than 5% | 10 |
| or 50, whichever is greater, of the
registered voters of the | 11 |
| township (according to the voting registration records
at the | 12 |
| time the petition is filed) recommending adoption of the open | 13 |
| space
plan, then the Board, within 30 days of making of the | 14 |
| recommendation or within 30 days of approving the
filing of the | 15 |
| petition, shall file a petition with the township clerk,
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| requesting the clerk to submit to the voters of the township | 17 |
| the question of
whether the township shall adopt the open space | 18 |
| plan and enter upon an open
space program, with the power to | 19 |
| acquire open land by purchase, condemnation
(except townships | 20 |
| in counties having a population of more than 150,000 but
not | 21 |
| more than 250,000),
or otherwise in the township and with the | 22 |
| power to issue bonds for those
purposes under this Article. | 23 |
| Approval of a petition recommending adoption of the open space | 24 |
| plan shall be given if the petition is determined to be valid | 25 |
| following public notice and a hearing consistent with the | 26 |
| requirements of Section 115-10 for the initial petition. The | 27 |
| total amount of bonds to be issued under
this Section may not | 28 |
| exceed 5% of the valuation of all taxable property in the
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| township and shall be set forth in the question as a dollar | 30 |
| amount. The
township clerk shall certify that proposition
to | 31 |
| the proper election officials, who shall submit the proposition | 32 |
| to the
township voters at the next regular election. The | 33 |
| referendum shall be
conducted and notice given in accordance | 34 |
| with the general election law.
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| (b) The question submitted to the voters at the election |
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HB2613 |
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LRB094 10976 AJO 41576 b |
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| shall be in
substantially the following form:
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| Shall (name of township) adopt the open space plan | 3 |
| considered at the
public hearing on (date) and enter upon | 4 |
| an open space program, and shall
the Township Board have | 5 |
| the power (i) to acquire open land by purchase
(insert ", | 6 |
| condemnation," if the township is in a county having a
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| population of
more than 250,000) or otherwise, (ii) to | 8 |
| issue bonds for open space
purposes in
an amount not | 9 |
| exceeding $(amount), and (iii) to levy a tax to pay the | 10 |
| principal of and interest on
those bonds, as provided in | 11 |
| Article 115 of the Township Code?
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| The votes shall be recorded as "Yes" or "No".
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| (c) If a majority of the voters voting at the election on | 14 |
| the question vote
in favor of the question, the township shall | 15 |
| thereafter adopt the open space
plan recommended by the board | 16 |
| or by the petition of the registered voters of
the township and | 17 |
| shall enter upon an open space program under this Article. If
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| the proposition does not receive the approval of a majority of | 19 |
| the voters
voting at the election on the question, no | 20 |
| proposition may be submitted to the
voters under this Section | 21 |
| less than 23 months after the date of the election.
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| (d) If a majority of the legal voters voting at referendum | 23 |
| in any township
approved a proposition at the consolidated | 24 |
| election in 2001 in reliance upon
and consistent with this | 25 |
| Section 115-20 as it existed prior to the effective
date of | 26 |
| Public Act 91-847, then that referendum and all actions taken | 27 |
| in
reliance thereon are hereby validated and are legally | 28 |
| binding in all
respects.
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| (Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00; 92-6, | 30 |
| eff. 6-7-01.)
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.
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