Full Text of SB0389 99th General Assembly
SB0389sam001 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/12/2016
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| 1 | | AMENDMENT TO SENATE BILL 389
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 389 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Section 10-25 as follows:
| 6 | | (60 ILCS 1/10-25)
| 7 | | Sec. 10-25. Plan for changes in townships.
| 8 | | (a) The county board of each county may, subject to a | 9 | | referendum in the
townships affected as provided in this | 10 | | Section, adopt a plan for altering the
boundaries of townships, | 11 | | changing township lines, dividing, enlarging, or
consolidating | 12 | | townships, or creating new townships, so that each township | 13 | | shall
possess an equalized assessed valuation of not less than | 14 | | $10,000,000 as of the
1982 assessment year or an area of not | 15 | | more than 126 square miles .
| 16 | | (b) No alteration or change in boundaries shall be |
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| 1 | | effective unless
approved by a referendum in each township | 2 | | affected. The election authority
shall submit to the voters of | 3 | | each township affected, at a regular
election to be held not | 4 | | less than 60 days after the plan is adopted,
the question of | 5 | | approving the alteration or change. The alterations or changes,
| 6 | | if approved by the voters, shall take effect on the date of the | 7 | | next township
election and shall be applicable to that | 8 | | election. If there is doubt as to the
township clerk with whom | 9 | | nomination papers for that election should be filed,
the county | 10 | | board shall designate the clerk. In the alteration of | 11 | | boundaries, a
county board may not disturb urban or coterminous | 12 | | townships in existence on
October 1, 1978.
| 13 | | (Source: P.A. 84-1308; 88-62.)
| 14 | | Section 10. The Illinois Drainage Code is amended by adding | 15 | | Section 10-12 as follows: | 16 | | (70 ILCS 605/10-12 new) | 17 | | Sec. 10-12. Dissolution in specified counties. | 18 | | Notwithstanding any provision of law to the contrary, and in | 19 | | counties with a population of more than 500,000 and less than | 20 | | 3,000,000: | 21 | | (a) If a drainage district is located wholly within a | 22 | | county and the county appoints the commissioners to the board | 23 | | of the drainage district, then the county board of that county | 24 | | may, by resolution after a public hearing, dissolve the |
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| 1 | | drainage district. No resolution to dissolve a drainage | 2 | | district shall be adopted without the county board (1) causing | 3 | | to be published notice of the public hearing including the | 4 | | proposed resolution in a newspaper of general circulation in | 5 | | the drainage district at least 30 days prior to the hearing and | 6 | | (2) sending a notice by mail of the public hearing and the | 7 | | proposed resolution to all known landowners and residents of | 8 | | the drainage district at least 30 days prior to the hearing. | 9 | | Ninety days after the adoption of a resolution under this | 10 | | subsection (a): the drainage district is dissolved and all | 11 | | rights, powers, duties, assets, and property, together with all | 12 | | personnel, contractual obligations, other obligations, | 13 | | responsibilities, and liabilities of the dissolved drainage | 14 | | district shall vest in and be assumed by the county; all | 15 | | commissioners of a dissolved drainage district shall cease to | 16 | | hold office; the county board shall assume all taxing authority | 17 | | of the dissolved drainage district; and the county board shall | 18 | | assume all functions of the dissolved drainage district's board | 19 | | and commissioners. | 20 | | (b) If a drainage district is located in more than one | 21 | | county and a county appoints a majority of commissioners to the | 22 | | board of the drainage district, then the county board of that | 23 | | county may, by resolution after a public hearing, dissolve the | 24 | | drainage district if an intergovernmental agreement under the | 25 | | Intergovernmental Cooperation Act has been entered into by all | 26 | | counties in which any portion of the drainage district is |
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| 1 | | located. No resolution to dissolve a drainage district shall be | 2 | | adopted without the county board (1) causing to be published | 3 | | notice of the public hearing including the proposed resolution | 4 | | in a newspaper of general circulation in the drainage district | 5 | | at least 30 days prior to the hearing and (2) sending a notice | 6 | | by mail of the public hearing and the proposed resolution to | 7 | | all known landowners and residents of the drainage district at | 8 | | least 30 days prior to the hearing. Ninety days after the | 9 | | adoption of a resolution under this subsection (b): the | 10 | | drainage district is dissolved and all rights, powers, duties, | 11 | | assets, and property, together with all personnel, contractual | 12 | | obligations, other obligations, responsibilities, and | 13 | | liabilities of the drainage district shall vest in and be | 14 | | assumed by the county passing the resolution; all commissioners | 15 | | of the dissolved drainage district shall cease to hold office; | 16 | | the county board of the county passing the resolution shall | 17 | | assume all taxing authority of the dissolved drainage district; | 18 | | and the county board of the county passing the resolution shall | 19 | | assume all functions of the dissolved drainage district's board | 20 | | and commissioners. | 21 | | Section 15. The Illinois Highway Code is amended by | 22 | | changing Section 6-130 and by adding Section 6-130.5 as | 23 | | follows:
| 24 | | (605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
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| 1 | | Sec. 6-130. Mandatory and permissive road district | 2 | | abolishment. | 3 | | (a) Notwithstanding any other provision of this Act to the | 4 | | contrary,
no
township road district may continue in existence | 5 | | if the roads forming a
part of the district do not exceed a | 6 | | total of 4 miles in length as determined by the county engineer | 7 | | or county superintendent of highways . For purposes of this | 8 | | Section, the roads forming a part of a township road district | 9 | | include those roads maintained by the district, regardless of | 10 | | whether or not those roads are owned by the township. On the
| 11 | | first Tuesday in April of 1975, or of any subsequent year next | 12 | | succeeding
the reduction of a township road system to a total | 13 | | mileage of 4 miles or
less, each such township road district | 14 | | shall, by operation of law, be
abolished. The roads comprising | 15 | | that district at that time shall thereafter
be administered by | 16 | | the township board of trustees by contracting with the
county, | 17 | | a municipality or a private contractor. The township board of | 18 | | trustees
shall assume all taxing authority of a township road | 19 | | district abolished under
this Section.
| 20 | | (b) Notwithstanding any provision of law to the contrary, a | 21 | | township road district may be abolished as provided in Section | 22 | | 6-130.5 of this Act, if the roads forming part of the district | 23 | | are less than a total of 15 miles in length. | 24 | | (Source: P.A. 94-884, eff. 6-20-06.)
| 25 | | (605 ILCS 5/6-130.5 new) |
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| 1 | | Sec. 6-130.5. Abolishing a road district with less than 15 | 2 | | miles of roads. | 3 | | (a) Any township may abolish a road district of that | 4 | | township if the roads of the district of that township are less | 5 | | than 15 miles in length, as determined by the county engineer | 6 | | or county superintendent of highways, by resolution of a | 7 | | majority of the board of trustees to submit a referendum to | 8 | | abolish the road district of that township. The referendum | 9 | | shall be submitted to the electors of that township at the next | 10 | | general election or consolidated election in accordance with | 11 | | the general election law. The ballot shall be in substantially | 12 | | the following form: | |
13 | | --------- | | |
14 | | Shall the Road District of the Township of | | | |
15 | | ........... be abolished with all the rights, | YES | | |
16 | | powers, duties, assets, property, liabilities, | |
17 | | obligations, and responsibilities being assumed | --------- | | |
18 | | by the Township of ........... ? | NO | | |
19 | | --------. | |
| 20 | | (b) If a majority of the electors voting on the referendum | 21 | | under subsection (a) of this Section are in favor of abolishing | 22 | | the township road district, then the road district is abolished | 23 | | on the January 1 following the approval of the resolution or | 24 | | referendum. | 25 | | On the date of abolishment: all the rights, powers, duties, | 26 | | assets, property, liabilities, obligations, and |
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| 1 | | responsibilities of the road district shall by operation of law | 2 | | vest in and be assumed by the township; the township board of | 3 | | trustees shall assume all taxing authority of a road district | 4 | | abolished under this Section; any highway commissioner of the | 5 | | abolished road district shall cease to hold office; the | 6 | | township shall exercise all duties and responsibilities of the | 7 | | highway commissioner as provided in the Illinois Highway Code; | 8 | | and for purposes of distribution of revenue, the township shall | 9 | | assume the powers, duties, and obligations of the road | 10 | | district. The township board of trustees may enter into a | 11 | | contract with the county, a municipality, or a private | 12 | | contractor to administer the roads added to its jurisdiction | 13 | | under this Section.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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