Full Text of HB5644 98th General Assembly
HB5644ham001 98TH GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 3/6/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5644
| 2 | | AMENDMENT NO. ______. Amend House Bill 5644 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Sections 80-85 new, 235-5 and 235-10 as follows: | 6 | | (60 ILCS 1/80-85 new) | 7 | | Sec. 80-85. Highway consolidation. | 8 | | (a) The electors of a township in a county with a | 9 | | population of at least 300,000 but fewer than 2,000,000, | 10 | | according to the most recent federal decennial census, may | 11 | | abolish the position of township highway commissioner and | 12 | | transfer all of the commissioner's functions and | 13 | | responsibilities to the township board if the township has | 14 | | fewer than 15 miles of road under the jurisdiction of the | 15 | | highway commissioner. The question to abolish the position of | 16 | | township highway commissioner and transfer its functions and |
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| 1 | | responsibilities to the township board shall be submitted to | 2 | | the electors in one of the following ways: | 3 | | (i) by a majority vote of the township board; | 4 | | (ii) by a majority vote of the electors at the annual | 5 | | meeting; or | 6 | | (iii) by a petition containing 500 signatures of | 7 | | registered voters residing within the township. | 8 | | (b) After the question to abolish the position of highway | 9 | | commissioner is approved under subsection (a) and the township | 10 | | board has submitted the question to the township clerk, the | 11 | | township clerk shall certify the question to the local election | 12 | | official, who shall submit the question to the voters of the | 13 | | township at the next regular election following the approval of | 14 | | the question. The question submitted to the electors at the | 15 | | election shall be in substantially the following form: | 16 | | Shall the position of Highway Commissioner of (name of | 17 | | township) be abolished and all of its functions and | 18 | | responsibilities assumed by the Township Board of (name of | 19 | | township)? | 20 | | The votes shall be recorded as "Yes" or "No". | 21 | | If the majority of electors voting on the question vote in | 22 | | favor of the question, then the position of township highway | 23 | | commissioner shall be abolished at the end of the term of the | 24 | | highway commissioner in office on the date of the certification | 25 | | of the results of the vote and all of the rights, powers, | 26 | | duties, assets, property, liabilities, indebtedness, |
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| 1 | | obligations, bonding authority, taxing authority, and | 2 | | responsibilities of the highway commissioner shall vest in and | 3 | | be assumed by the township board.
| 4 | | (60 ILCS 1/235-5)
| 5 | | Sec. 235-5. Township taxes for various purposes. The | 6 | | township board may
raise money, by taxation not exceeding the | 7 | | rates established in Section 235-10,
for the following | 8 | | purposes:
| 9 | | (1) Prosecuting or defending suits by or against the | 10 | | township or in which
the township is interested.
| 11 | | (2) Maintaining cemeteries under the control, | 12 | | management, and ownership of
the township and controlling, | 13 | | managing, and maintaining public cemeteries
not operated | 14 | | for profit, notwithstanding the provisions of Section 1c of | 15 | | the
Public Graveyards Act.
| 16 | | (3) Maintaining and operating a public nonsectarian | 17 | | hospital under Article
175. This authorization does not | 18 | | apply to any township that avails itself of
the provisions | 19 | | of Article 170.
| 20 | | (4) Maintaining and operating a township committee on | 21 | | youth under Section
215-5.
| 22 | | (5) Providing mental health services under Section | 23 | | 190-10.
| 24 | | (6) Providing services in cooperation with another | 25 | | governmental entity,
not-for-profit corporation, or |
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| 1 | | nonprofit community service association under
Section | 2 | | 85-13.
| 3 | | (7) Maintaining and operating a township committee for | 4 | | senior citizens'
services under Section 220-10.
| 5 | | (8) Maintaining and operating a township health | 6 | | service that may provide,
but is not required to provide or | 7 | | limited to providing, examination, diagnosis,
testing, and | 8 | | inoculation and all necessary and appurtenant personnel,
| 9 | | equipment, and insurance.
| 10 | | (9) Accumulating moneys in a dedicated fund for a | 11 | | specific capital
construction
or maintenance project or a | 12 | | major equipment purchase. The annual budget and
| 13 | | appropriation ordinance for the township shall state the | 14 | | amount, purpose, and
duration of any accumulation of funds | 15 | | authorized under this Section, with
specific reference to | 16 | | each project to be constructed or equipment to be
| 17 | | purchased. Nothing in this item precludes a township from | 18 | | accumulating moneys
as provided in Section 6-501 of the | 19 | | Illinois Highway Code.
| 20 | | (10) Executing the rights, powers, duties, and | 21 | | responsibilities, or satisfying the liabilities or | 22 | | obligations, assumed from a road district abolished under | 23 | | the provisions of Section 6-133 of the Illinois Highway | 24 | | Code. | 25 | | (10.5) Executing the rights, powers, duties, and | 26 | | responsibilities, or satisfying the liabilities, |
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| 1 | | indebtedness, or obligations, assumed from a township | 2 | | highway commissioner under Section 80-85 of this Code. | 3 | | (11) Any other purpose authorized by law.
| 4 | | (Source: P.A. 97-611, eff. 1-1-12.)
| 5 | | (60 ILCS 1/235-10)
| 6 | | Sec. 235-10. Rate of tax; referendum to increase maximum | 7 | | rate.
| 8 | | (a) In townships having an equalized assessed valuation of | 9 | | $36,000,000 or
more, taxes authorized by subsection (a) may be | 10 | | extended at a rate not
exceeding 0.25% of value, as equalized | 11 | | or assessed by the Department of
Revenue, of all taxable | 12 | | property in the township.
| 13 | | (b) In townships having an equalized assessed valuation of | 14 | | $30,000,000 but
less than $36,000,000, taxes authorized by | 15 | | subsection (a) may be extended at a
rate calculated to yield | 16 | | tax revenues not exceeding $90,000.
| 17 | | (c) In townships having an equalized assessed valuation of | 18 | | $15,000,000 but
less than $30,000,000, taxes authorized by | 19 | | subsection (a) may be extended at
a rate not exceeding the rate | 20 | | computed by subtracting 0.01% of value for
each $1,000,000 or | 21 | | major fraction thereof in excess of $15,000,000 but less
than | 22 | | $30,000,000 of equalized assessed valuation from the rate of | 23 | | 0.45% of
value.
| 24 | | (d) In townships having an equalized assessed valuation of | 25 | | less than
$15,000,000, taxes may be extended at a rate not |
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| 1 | | exceeding 0.45% of value,
as equalized or assessed by the | 2 | | Department of Revenue, of all taxable property
in the township.
| 3 | | (e)(1) In townships having an equalized assessed valuation | 4 | | of less than
$10,000,000, taxes may be extended at a rate of | 5 | | not more than 0.45% of value,
or not more than 0.65% of value | 6 | | if approved by voters in the township in a
referendum on the | 7 | | limit increase, as equalized or assessed by the
Department of | 8 | | Revenue, of all taxable property in the township.
| 9 | | (2) On the petition of at least 10% of the registered | 10 | | voters residing in
the township to the township clerk, the | 11 | | clerk shall order a referendum on the
proposition to increase | 12 | | the extension limitation as provided in the petition.
The | 13 | | township clerk shall certify the proposition to the proper | 14 | | election
officials, who shall submit the proposition to the | 15 | | township voters at the
next election in accordance with the | 16 | | general election law. The proposition
shall be in substantially | 17 | | the following form:
| 18 | | Shall the present maximum tax extension limit of | 19 | | (insert present
maximum tax extension limit) of the value, | 20 | | as equalized or assessed by the
Department of Revenue, of | 21 | | the taxable real property in (name of township) be
| 22 | | increased to a maximum tax extension limit of (insert | 23 | | proposed maximum tax
extension limit) of the value, as | 24 | | equalized or assessed by the Department of
Revenue, of the | 25 | | taxable real property in (name of township)?
| 26 | | The votes shall be recorded as "Yes" or "No".
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| 1 | | (3) If a majority of all ballots cast on the proposition is | 2 | | in favor
of the increase, the county clerk shall certify the | 3 | | results of the election to
the township clerk.
| 4 | | (f) Any township having exceeded an equalized assessed | 5 | | valuation of
$15,000,000 before September 17, 1983, may tax at | 6 | | the rate authorized to be
extended under this Section if | 7 | | approved by the township voters at the annual
township meeting. | 8 | | If approval is not obtained, the tax may not be extended at a
| 9 | | rate of more than 0.25% of the value, as equalized and assessed | 10 | | by the
Department of Revenue, of all taxable property in the | 11 | | township. | 12 | | (g) Any township having assumed the rights, powers, duties, | 13 | | assets, property, liabilities, obligations, and
| 14 | | responsibilities of a road district abolished under the | 15 | | provisions of Section 6-133 of the Illinois Highway Code may | 16 | | tax at a rate determined by adding the rate authorized to be | 17 | | extended under this Section to the last rate authorized to be | 18 | | extended for road purposes under Section 6-501 of the Illinois | 19 | | Highway Code.
| 20 | | (h) Any township having assumed the rights, powers, duties, | 21 | | assets, property, liabilities, indebtedness, obligations, | 22 | | bonding authority, taxing authority, and responsibilities of a | 23 | | township highway commissioner under Section 80-85 of this Code | 24 | | may tax at a rate determined by adding the rate authorized to | 25 | | be extended under this Section to the last rate authorized to | 26 | | be extended for road purposes under Section 6-501 of the |
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| 1 | | Illinois Highway Code. | 2 | | (Source: P.A. 97-611, eff. 1-1-12.)".
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