Full Text of HB0171 100th General Assembly
HB0171eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Legislative intent. It is hereby declared as the | 5 | | intent of this amendatory Act of the 100th General Assembly to | 6 | | promote consolidation of redundant layers of government and to | 7 | | promote government efficiency. | 8 | | Section 5. The Election Code is amended by changing | 9 | | Sections 28-1 and 28-7 and by adding Section 3-7 as follows: | 10 | | (10 ILCS 5/3-7 new) | 11 | | Sec. 3-7. Voters in consolidating and merging townships. | 12 | | (a) In the consolidated election where township trustees | 13 | | are elected next following the certification of a successful | 14 | | referendum to consolidate townships under Article 22 of the | 15 | | Township Code, the qualified electors entitled to caucus, vote | 16 | | for, be nominated for, and run for offices in the consolidated | 17 | | township that is to be formed are those registered voters | 18 | | residing in any of the townships identified in the referendum | 19 | | as they exist prior to consolidation. | 20 | | (b) In the consolidated election where township trustees | 21 | | are elected next following the certification of a successful | 22 | | referendum to dissolve a township and merge its territory into |
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| 1 | | 2 adjacent townships under Article 23 of the Township Code, the | 2 | | qualified electors entitled to caucus, vote for, be nominated | 3 | | for, and run for offices in a receiving township shall also | 4 | | include those registered voters residing in the territory of | 5 | | the dissolving township described in the resolutions adopted | 6 | | under Section 23-10 of the Township Code or petitions filed | 7 | | under Section 23-17 of the Township Code as the territory to be | 8 | | merged with the receiving township. For purposes of this | 9 | | subsection (b) only, "dissolving township" and "receiving | 10 | | township" have the meaning provided in Section 23-5 of the | 11 | | Township Code.
| 12 | | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
| 13 | | Sec. 28-1.
The initiation and submission of all public | 14 | | questions to
be voted upon by the electors of the State or of | 15 | | any political
subdivision or district or precinct or | 16 | | combination of precincts shall be
subject to the provisions of | 17 | | this Article.
| 18 | | Questions of public policy which have any legal effect | 19 | | shall be
submitted to referendum only as authorized by a | 20 | | statute which so
provides or by the Constitution. Advisory | 21 | | questions of public policy
shall be submitted to referendum | 22 | | pursuant to Section 28-5 or pursuant to
a statute which so | 23 | | provides.
| 24 | | The method of initiating the submission of a public | 25 | | question shall be
as provided by the statute authorizing such |
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| 1 | | public question, or as
provided by the Constitution.
| 2 | | All public questions shall be initiated, submitted and | 3 | | printed on the
ballot in the form required by Section 16-7 of | 4 | | this Act, except as may
otherwise be specified in the statute | 5 | | authorizing a public question.
| 6 | | Whenever a statute provides for the initiation of a public | 7 | | question
by a petition of electors, the provisions of such | 8 | | statute shall govern
with respect to the number of signatures | 9 | | required, the qualifications of
persons entitled to sign the | 10 | | petition, the contents of the petition, the
officer with whom | 11 | | the petition must be filed, and the form of the
question to be | 12 | | submitted. If such statute does not specify any of the
| 13 | | foregoing petition requirements, the corresponding petition | 14 | | requirements
of Section 28-6 shall govern such petition.
| 15 | | Irrespective of the method of initiation, not more than 3 | 16 | | public
questions other than (a) back door referenda, (b) | 17 | | referenda to
determine whether a disconnection may take place | 18 | | where a city coterminous
with a township is proposing to annex | 19 | | territory from an adjacent township, (c) referenda held under | 20 | | the provisions of the Property Tax Extension
Limitation Law in | 21 | | the Property Tax Code, or (d) referenda held under
Section | 22 | | 2-3002 of the Counties Code , or (e) referenda held under | 23 | | Article 22, 23, or 29 of the Township Code may be submitted to
| 24 | | referendum with respect to a political
subdivision at the same | 25 | | election.
| 26 | | If more than 3 propositions are timely initiated or |
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| 1 | | certified for
submission at an election with respect to a | 2 | | political subdivision, the
first 3 validly initiated, by the | 3 | | filing of a petition or by the
adoption of a resolution or | 4 | | ordinance of a political subdivision, as the
case may be, shall | 5 | | be printed on the ballot and submitted at that
election. | 6 | | However, except as expressly authorized by law not more than
| 7 | | one proposition to change the form of government of a | 8 | | municipality
pursuant to Article VII of the Constitution may be | 9 | | submitted at an
election. If more than one such proposition is | 10 | | timely initiated or
certified for submission at an election | 11 | | with respect to a municipality,
the first validly initiated | 12 | | shall be the one printed on the ballot and
submitted at that | 13 | | election.
| 14 | | No public question shall be submitted to the voters of a | 15 | | political
subdivision at any regularly scheduled election at | 16 | | which such voters are
not scheduled to cast votes for any | 17 | | candidates for nomination for, election
to or retention in | 18 | | public office, except that if, in any existing or proposed
| 19 | | political subdivision in which the submission of a public | 20 | | question at a
regularly scheduled election is desired, the | 21 | | voters of only a portion of
such existing or proposed political | 22 | | subdivision are not scheduled to cast votes
for nomination for, | 23 | | election to or retention in public office at such election,
but | 24 | | the voters in one or more other portions of such existing or | 25 | | proposed
political subdivision are scheduled to cast votes for | 26 | | nomination for, election
to or retention in public office at |
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| 1 | | such election, the public question shall be
voted upon by all | 2 | | the qualified voters of the entire existing or proposed
| 3 | | political subdivision at the election.
| 4 | | Not more than 3 advisory public questions may be submitted | 5 | | to the
voters of the entire state at a general election. If | 6 | | more than 3 such advisory
propositions are initiated, the first | 7 | | 3 timely and validly initiated
shall be the questions printed | 8 | | on the ballot and submitted at that
election; provided however, | 9 | | that a question for a proposed amendment to
Article IV of the | 10 | | Constitution pursuant to Section 3, Article XIV of the
| 11 | | Constitution, or for a question submitted under the Property | 12 | | Tax Cap
Referendum Law, shall not be included in the foregoing | 13 | | limitation.
| 14 | | (Source: P.A. 93-308, eff. 7-23-03.)
| 15 | | (10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
| 16 | | Sec. 28-7.
Except as provided in Sections 22-12 and 23-17 | 17 | | of the Township Code, in In any case in which Article VII or | 18 | | paragraph (a) of Section 5 of
the
Transition Schedule of the | 19 | | Constitution authorizes any action to be
taken by or with | 20 | | respect to any unit of local government, as defined in
Section | 21 | | 1 of Article VII of the Constitution, by or subject to approval
| 22 | | by referendum, any such public question shall be initiated in
| 23 | | accordance with this Section.
| 24 | | Any such public question may be initiated by the governing | 25 | | body of the
unit of local government by resolution or by the |
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| 1 | | filing with the clerk or
secretary of the
governmental unit of | 2 | | a petition signed by a number of qualified electors
equal to or | 3 | | greater than at least 8% of the total votes cast for candidates | 4 | | for Governor in the preceding gubernatorial election, | 5 | | requesting the submission of the proposal
for such action to | 6 | | the voters
of the governmental unit at a regular election.
| 7 | | If the action to be taken requires a referendum involving 2 | 8 | | or more
units of local government, the proposal shall be | 9 | | submitted to the voters
of such governmental units by the | 10 | | election authorities with jurisdiction
over the territory of | 11 | | the governmental units. Such multi-unit proposals
may be | 12 | | initiated by appropriate
resolutions by the respective | 13 | | governing bodies or by
petitions of the voters of the several | 14 | | governmental units filed with the
respective clerks or | 15 | | secretaries.
| 16 | | This Section is intended to provide a method of submission | 17 | | to
referendum in all cases of proposals for actions which are | 18 | | authorized by
Article VII of the Constitution by or subject to | 19 | | approval by referendum
and supersedes any conflicting | 20 | | statutory provisions except those
contained in Section 22-12 of | 21 | | the Township Code, Section 23-17 of the Township Code, and | 22 | | Division 2-5 of the Counties Code the "County Executive
Act" .
| 23 | | Referenda provided for in this Section may not be held more | 24 | | than once
in any 23-month period on the same proposition, | 25 | | provided that in any
municipality a referendum to elect not to | 26 | | be a home rule unit may be held
only once within
any 47-month |
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| 1 | | period.
| 2 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 3 | | Section 10. The Counties Code is amended by changing the | 4 | | heading of Division 2-4, by changing Sections 2-4006, 5-44010, | 5 | | 5-44020, and by adding Section 5-44043 as follows:
| 6 | | (55 ILCS 5/Div. 2-4 heading) | 7 | | Division 2-4. Counties not under | 8 | | Township Organization
| 9 | | Organized as a Commission | 10 | | Form of Government
| 11 | | (55 ILCS 5/2-4006)
| 12 | | Sec. 2-4006. Terms of commissioners.
| 13 | | (a) In every county not under
township organization that is | 14 | | organized as a commission form of government having 3 | 15 | | commissioners elected at large as described in
subsection (b) | 16 | | or (c), the commissioners shall be elected as provided in this
| 17 | | Section.
| 18 | | (b) In a county in which one commissioner was elected at | 19 | | the general
election in 1992 to serve for a term of 4 years and | 20 | | in which 2 commissioners
will be elected at the general | 21 | | election in 1994, the commissioner elected in
1994 and | 22 | | receiving the greatest number of votes shall serve for a term | 23 | | of 6
years. The other commissioner elected in 1994 shall serve |
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| 1 | | for a term of 4
years. At the general election in 1996 and at | 2 | | each general election
thereafter, one commissioner shall be | 3 | | elected to serve for a term of 6 years.
| 4 | | (c) In a county in which 2 commissioners were elected at | 5 | | the general
election in 1992 to serve for terms of 4 years and | 6 | | in which one commissioner
will be elected at the general | 7 | | election in 1994, the commissioner elected in
1994 shall serve | 8 | | for a term of 4 years. The commissioner elected in 1996 and
| 9 | | receiving the greatest number of votes shall serve for a term | 10 | | of 6 years. The
other commissioner elected in 1996 shall serve | 11 | | for a term of 4 years. At the
general election in 1998 and at | 12 | | each general election thereafter, one
commissioner shall be | 13 | | elected to serve for a term of 6 years. | 14 | | (c-5) In Calhoun County, Edwards County, and Union County, | 15 | | the registered voters of the county may, upon referendum
| 16 | | initiated by (i) the adoption of a resolution of the
board of | 17 | | county commissioners or (ii) a petition signed by not less than | 18 | | 10% of the registered voters in the county, determine that the | 19 | | board of
county commissioners shall consist of 5
commissioners | 20 | | elected at large. The commissioners must certify
the question | 21 | | to the proper election authority, which must
submit the | 22 | | question at an election in accordance with the
general election | 23 | | law. | 24 | | The question shall be submitted in substantially the
| 25 | | following form: | 26 | | "Shall the board of county commissioners of (county) |
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| 1 | | consist of 5 commissioners elected at large?" | 2 | | Votes must be recorded as "Yes" or "No". If a majority of | 3 | | the electors voting on the question vote in the affirmative, | 4 | | then a 5-member board of county commissioners shall be | 5 | | established beginning with the next general election. The | 6 | | County Clerk, in consultation with the State's Attorney for the | 7 | | county, shall develop and present to the board of county | 8 | | commissioners, to implement by the adoption of a resolution, | 9 | | the transition of terms for the current 3-member board of | 10 | | commissioners and the addition of 2 commissioners for 6-year | 11 | | terms. Thereafter, commissioners shall be elected at each | 12 | | general election to fill expired terms.
| 13 | | (d) The provisions of this Section do not apply to | 14 | | commissioners elected
under Section 2-4006.5 of this Code.
| 15 | | (Source: P.A. 96-175, eff. 8-10-09.)
| 16 | | (55 ILCS 5/5-44010) | 17 | | Sec. 5-44010. Applicability. The powers and authorities | 18 | | provided by this Division 5-44 apply to all counties DuPage, | 19 | | Lake, and McHenry Counties and units of local government within | 20 | | such counties.
| 21 | | (Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.) | 22 | | (55 ILCS 5/5-44020) | 23 | | Sec. 5-44020. Definitions. In this Division 5-44: | 24 | | "Fire protection jurisdiction" means a fire protection |
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| 1 | | district, municipal fire department, or service organized | 2 | | under Section 5-1056.1 of the Counties Code, Sections 195 and | 3 | | 200 of the Township Code, Section 10-2.1 of the Illinois | 4 | | Municipal Code, or the Illinois Fire Protection District Act. | 5 | | "Governing board" means the individual or individuals who | 6 | | constitute the
corporate authorities of a unit of local | 7 | | government. | 8 | | "Unit of local government" or "unit" means any unit of | 9 | | local government located entirely within one county, to which | 10 | | the county board chairman or county executive directly appoints | 11 | | a majority of its governing board with the advice and consent | 12 | | of the county board, but shall not include a fire protection | 13 | | district that directly employs any regular full-time | 14 | | employees, a conservation district organized under the | 15 | | Conservation District Act, or a special district organized | 16 | | under the Water Commission Act of 1985 , a community mental | 17 | | health board established under the Community Mental Health | 18 | | Board Act, or a board established under the County Care for | 19 | | Persons with Developmental Disabilities Act .
| 20 | | (Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14; | 21 | | 99-709, eff. 8-5-16.) | 22 | | (55 ILCS 5/5-44043 new) | 23 | | Sec. 5-44043. Rights and obligations of employees. | 24 | | (a) The status and rights of employees represented by an | 25 | | exclusive bargaining representative shall not be affected by |
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| 1 | | the dissolution of a unit of local government under this | 2 | | Division, except that this subsection does not apply in DuPage, | 3 | | Lake, and McHenry Counties for actions taken before the | 4 | | effective date of this amendatory Act of the 100th General | 5 | | Assembly. | 6 | | (b) Obligations of the dissolving unit of local government | 7 | | assumed by the trustee-in-dissolution, county, or governing | 8 | | body of a special service area include the obligation to honor | 9 | | representation rights under the Illinois Public Labor | 10 | | Relations Act and any collective bargaining agreements | 11 | | existing on the date of dissolution of the unit of local | 12 | | government. | 13 | | (c) The rights of employees under any pensions, retirement | 14 | | plans, or annuity plans existing on the date of dissolution of | 15 | | the unit of local government are not affected by the | 16 | | dissolution of a unit of local government under this Division.
| 17 | | Section 15. The Township Code is amended by adding Articles | 18 | | 22, 23, and 29 and by changing Sections 10-25, 25-15, 25-25, | 19 | | and 65-20 as follows:
| 20 | | (60 ILCS 1/10-25)
| 21 | | Sec. 10-25. Plan for changes in townships.
| 22 | | (a) The county board of each county may, subject to a | 23 | | referendum in the
townships affected as provided in this | 24 | | Section, adopt a plan for altering the
boundaries of townships, |
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| 1 | | changing township lines, dividing, enlarging, or
consolidating | 2 | | townships, or creating new townships, so that each township | 3 | | shall
possess an equalized assessed valuation of not less than | 4 | | $10,000,000 as of the
1982 assessment year or an area of not | 5 | | more than 126 square miles .
| 6 | | (b) No alteration or change in boundaries shall be | 7 | | effective unless
approved by a referendum in each township | 8 | | affected. The election authority
shall submit to the voters of | 9 | | each township affected, at a regular
election to be held not | 10 | | less than 60 days after the plan is adopted,
the question of | 11 | | approving the alteration or change. The alterations or changes,
| 12 | | if approved by the voters, shall take effect on the date of the | 13 | | next township
election and shall be applicable to that | 14 | | election. If there is doubt as to the
township clerk with whom | 15 | | nomination papers for that election should be filed,
the county | 16 | | board shall designate the clerk. In the alteration of | 17 | | boundaries, a
county board may not disturb urban or coterminous | 18 | | townships in existence on
October 1, 1978.
| 19 | | (Source: P.A. 84-1308; 88-62.)
| 20 | | (60 ILCS 1/Art. 22 heading new) | 21 | | ARTICLE 22. CONSOLIDATION OF | 22 | | MULTIPLE TOWNSHIPS | 23 | | (60 ILCS 1/22-5 new) | 24 | | Sec. 22-5. Resolution for consolidation; notice. |
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| 1 | | (a) Notwithstanding any other provision of law to the | 2 | | contrary, the township boards of any 2 or more adjacent | 3 | | townships may, by identical resolutions of each board, propose | 4 | | consolidation by referendum: (i) into a new township; or (ii) | 5 | | into an existing township. Each resolution shall include, but | 6 | | is not limited to, the following: | 7 | | (1) the name of the proposed new consolidated township | 8 | | or the name of the existing township into which all | 9 | | townships will be consolidated; | 10 | | (2) a description of how each road district or road | 11 | | districts of a dissolving township shall comply with | 12 | | subsection (c) of Section 22-20 if a township will be | 13 | | consolidating into an existing township; | 14 | | (3) the names of all townships that will be | 15 | | consolidating and a description of the area of | 16 | | consolidation; and | 17 | | (4) the date of the general election at which the | 18 | | referendum shall be held. | 19 | | All resolutions shall be passed not less than 79 days | 20 | | before the general election stated in the resolutions. For | 21 | | purposes of this Section, 3 or more townships are adjacent when | 22 | | each township shares a boundary with at least one of the other | 23 | | townships which are to be consolidated. | 24 | | (b) Before passing a resolution under subsection (a), each | 25 | | township board shall hold a public hearing on those matters | 26 | | after notice of the hearing has been published on the main page |
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| 1 | | of the townships' websites, if any, and in a newspaper having a | 2 | | general circulation in the townships affected. The notice shall | 3 | | be published at least 30 days before the date of the hearing. | 4 | | The notice shall contain, at a minimum, the name of all | 5 | | townships that will be consolidating and a description of the | 6 | | area of consolidation. | 7 | | (60 ILCS 1/22-10 new) | 8 | | Sec. 22-10. Referendum. | 9 | | (a) Upon the adoption of resolutions under Section 22-5 by | 10 | | each township or the submission of petitions meeting the | 11 | | requirements of Section 22-12, the township boards shall | 12 | | certify the question to the proper election authority, or the | 13 | | circuit court for the county in which each township is located | 14 | | shall certify the question to the proper election authority for | 15 | | submission of petitions meeting the requirements of Section | 16 | | 22-12, and the authority shall cause to be submitted to the | 17 | | voters of each township at the general election specified in | 18 | | the resolutions or petitions a referendum to consolidate the | 19 | | townships. The referendum shall be substantially in the | 20 | | following form: | 21 | | Shall (names of townships) be consolidated into [a new | 22 | | township called (name of proposed consolidated | 23 | | township)/the township of (name of existing township)]? | 24 | | The votes shall be recorded as "Yes" or "No". | 25 | | A referendum initiated upon the adoption of resolutions |
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| 1 | | under Section 22-5 is approved when a majority of the voters, | 2 | | in each of the affected townships, approve the referendum. A | 3 | | referendum initiated by petitions meeting the requirements of | 4 | | Section 22-12 is approved when 60% of the voters, in each of | 5 | | the affected townships, approve the referendum. | 6 | | (b) Before a referendum appears on the ballot under | 7 | | subsection (a), each township board shall publish a copy of the | 8 | | adopted resolution on the main page of the townships' websites, | 9 | | if any, and in a newspaper having a general circulation in each | 10 | | of the townships affected. The notice shall be published at | 11 | | least 30 days before the date of the general election in which | 12 | | the referendum will appear. | 13 | | Each township board shall additionally mail a copy of the | 14 | | adopted resolution, along with a copy of the referendum | 15 | | language and a list of all taxes levied for general township | 16 | | purposes in the affected townships, to every registered voter | 17 | | in each township affected. The notice shall be mailed at least | 18 | | 30 days before the date of the general election in which the | 19 | | referendum will appear. | 20 | | (c) Notwithstanding any provision of law to the contrary, | 21 | | no tax rate may be extended for any fund of the consolidated | 22 | | district for the first levy year of the consolidated district | 23 | | that exceeds any statutory maximum set forth for that fund, | 24 | | unless the referendum also conforms to the requirements of the | 25 | | Property Tax Extension Limitation Law or other statutory | 26 | | provision setting forth that limitation. |
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| 1 | | (60 ILCS 1/22-12 new) | 2 | | Sec. 22-12. Voter-initiated township consolidation. | 3 | | (a) In the counties of Cass, Henderson, and Cumberland, a | 4 | | referendum to propose township consolidation under this | 5 | | Article may also be initiated by petitions meeting the | 6 | | requirements of subsection (b). | 7 | | (b) Subject to the petition requirements of the Election | 8 | | Code, petitions for a referendum to consolidate under this | 9 | | Section must be filed with the circuit court for the county in | 10 | | which the affected townships are located not less than 122 days | 11 | | prior to the election at which the referendum will be voted. A | 12 | | petition must be filed for each consolidating township and | 13 | | shall be signed by not less than 10% of the total number of | 14 | | electors voting at the last general election in each township. | 15 | | All signatures gathered must be signed within 365 days prior to | 16 | | the filing of the petitions. | 17 | | (c) Upon filing the petitions with the circuit court, the | 18 | | parties so filing shall publish notice in a newspaper of | 19 | | general circulation within the territory of the townships | 20 | | affected. Failure to publish the required notice of petitions | 21 | | shall render the petition, and the results of any referendum | 22 | | held on the petition, null and void. | 23 | | (d) Upon the submission of petitions requesting township | 24 | | consolidation under this Section, the clerk of the circuit | 25 | | court shall submit copies of all the petitions to the governing |
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| 1 | | board of each affected township. The clerk of the circuit court | 2 | | shall then certify the question to the proper election | 3 | | authorities in accordance with the Election Code. | 4 | | (e) After certification of the question, each township | 5 | | board shall hold a public hearing on the matter of | 6 | | consolidation after notice of the hearing has been published on | 7 | | the main page of the townships' websites, if any, and in a | 8 | | newspaper having a general circulation in the townships | 9 | | affected. The notice shall be published at least 30 days before | 10 | | the date of the hearing. The notice shall contain, at a | 11 | | minimum, the name of all townships that will be consolidating | 12 | | and a description of the area of consolidation. | 13 | | (f) A referendum under this Section may be held no earlier | 14 | | than the general election in the year 2020. | 15 | | (60 ILCS 1/22-15 new) | 16 | | Sec. 22-15. Transition. Notwithstanding any other | 17 | | provision of law to the contrary, upon the approval of a | 18 | | referendum under Section 22-10: | 19 | | (a) There shall be no further nominations or elections for | 20 | | clerks, assessors, collectors, highway commissioners, | 21 | | supervisors, or trustees of any of the separate townships or | 22 | | highway commissions, and the terms of all such officers | 23 | | currently serving shall continue until the third Monday of May | 24 | | of the year in which township officials are elected next | 25 | | following the approval of a referendum under Section 22-10. |
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| 1 | | (b) A Transition Township Board is formed and is composed | 2 | | of the members of the separate townships boards. The Transition | 3 | | Township Board has only the following powers: (1) to propose | 4 | | and approve the compensation of all officials of the | 5 | | consolidated township that will be elected at the consolidated | 6 | | election next following the passage of the referendum under | 7 | | Section 22-10; and (2) to propose and approve additional debt | 8 | | to be taken on by any of the separate townships. | 9 | | (c) The Transition Township Board shall hold a public | 10 | | hearing no later than the last Tuesday in December before the | 11 | | consolidated township board of trustees are elected next | 12 | | following the approval of a referendum under Section 22-10. If | 13 | | the Board cannot agree on the compensation for an official by | 14 | | the first Tuesday in April before the consolidated election of | 15 | | township officials next following the approval of a referendum | 16 | | under Section 22-10, then the compensation for that official | 17 | | shall be equal to the lowest compensation for the same office | 18 | | between the separate townships in the preceding calendar year. | 19 | | (d) The separate townships shall not incur any additional | 20 | | debt without the approval of the Transition Township Board. For | 21 | | purposes of this Section, "debt" has the meaning ascribed to | 22 | | that term in Section 23-5. | 23 | | (e) Section 3-7 of the Election Code shall govern those | 24 | | individuals entitled to caucus, vote for, be nominated for, and | 25 | | run for offices for the consolidated township at the | 26 | | consolidated election of township officials next following the |
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| 1 | | approval of a referendum under Section 22-10. | 2 | | (60 ILCS 1/22-20 new) | 3 | | Sec. 22-20. Consolidated township. | 4 | | (a) On the third Monday of May of the year in which | 5 | | township officials are elected following the approval of a | 6 | | referendum under Section 22-10, the following shall occur: | 7 | | (1) the separate townships cease and the consolidated | 8 | | township is created; | 9 | | (2) all rights, powers, duties, assets, and property, | 10 | | together with all personnel, contractual obligations, | 11 | | other obligations, responsibilities, and liabilities of | 12 | | the separate townships are transferred to the consolidated | 13 | | township; those rights include, but are not limited to, the | 14 | | authority to continue to collect, receive, and expend the | 15 | | proceeds of any tax levied by any of the separate townships | 16 | | prior to the creation of the consolidated township without | 17 | | an additional ordinance, resolution, or referendum; the | 18 | | proceeds of any tax levied by any of the separate townships | 19 | | prior to the creation of the consolidated township shall be | 20 | | expended or disposed of by the consolidated township in the | 21 | | same manner as such assessments might have been expended or | 22 | | disposed of by the separate townships; however, if the | 23 | | consolidated township board determines that there is a | 24 | | surplus in the fund for general township purposes on | 25 | | December 31 of the calendar year in which the consolidation |
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| 1 | | occurs, then any portion of the surplus that is solely | 2 | | attributable to the consolidation shall be refunded to the | 3 | | owners of record of taxable property within the | 4 | | consolidated district on a pro rata basis; and | 5 | | (3) road districts located within the separate | 6 | | townships are abolished. | 7 | | (b) When a new township is created, a new road district | 8 | | encompassing the consolidated township is created. All the | 9 | | rights, powers, duties, assets, property, liabilities, | 10 | | obligations, and responsibilities of the separate road | 11 | | districts shall vest in and be assumed by the new road | 12 | | district. The new township board of trustees shall exercise the | 13 | | taxing authority of a road district abolished under this | 14 | | Section. The highway commissioners of the abolished road | 15 | | districts shall cease to hold office on the date the road | 16 | | district is abolished. The new township board shall exercise | 17 | | all duties and responsibilities of the highway commissioner as | 18 | | provided in the Illinois Highway Code. For purposes of | 19 | | distribution of revenue, the new township shall assume the | 20 | | powers, duties, and obligations of the road district of the | 21 | | dissolving road district. The new township board may enter into | 22 | | a contract with the county, a municipality, or a private | 23 | | contractor
to administer the roads under the new road district. | 24 | | (c) When a township consolidates into an existing township, | 25 | | all the rights, powers, duties, assets, property, liabilities, | 26 | | obligations, and responsibilities of the abolished road |
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| 1 | | districts shall vest in and be assumed by the existing | 2 | | township's road district. The consolidated township board of | 3 | | trustees shall exercise the taxing authority of a road district | 4 | | abolished under this Section. Highway commissioners of the | 5 | | abolished road districts shall cease to hold office on the date | 6 | | the road district is abolished. The consolidated township shall | 7 | | exercise all duties and responsibilities of the highway | 8 | | commissioner as provided in the Illinois Highway Code. For | 9 | | purposes of distribution of revenue, the existing township's | 10 | | road district or districts shall assume the powers, duties, and | 11 | | obligations of the road district of the dissolving road | 12 | | district. | 13 | | (60 ILCS 1/Art. 23 heading new) | 14 | | ARTICLE 23. MERGER OF A SINGLE | 15 | | TOWNSHIP INTO 2 OTHER TOWNSHIPS | 16 | | (60 ILCS 1/23-5 new) | 17 | | Sec. 23-5. Definitions. As used in this Article: | 18 | | "Dissolving road district" means a road district in a | 19 | | dissolving township, which is dissolved under subsection (c) of | 20 | | Section 23-25. | 21 | | "Dissolving township" means a township which is proposed to | 22 | | be dissolved into and be merged with 2 other adjacent | 23 | | townships. | 24 | | "Equalized assessed value" has the meaning provided in |
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| 1 | | Section 18-213 of the Property Tax Code. | 2 | | "Debt" means indebtedness incurred by a dissolving | 3 | | township including, but not limited to, mortgages, judgments, | 4 | | and moneys due through the issuance and sale of bonds, or | 5 | | through an equivalent manner of borrowing for which notes or | 6 | | other evidences of indebtedness are issued fixing the amount of | 7 | | principal and interest from time to time payable to retire the | 8 | | indebtedness. | 9 | | "Receiving township" means a township into which a portion | 10 | | of the dissolving township will be merged. | 11 | | (60 ILCS 1/23-10 new) | 12 | | Sec. 23-10. Resolution for merger; notice. | 13 | | (a) Notwithstanding any other provision of law to the | 14 | | contrary, the township boards of any 3 adjacent townships may, | 15 | | by identical resolutions of each board, propose that a township | 16 | | which borders the other 2 townships be dissolved by referendum | 17 | | and all rights, powers, duties, assets, and property, together | 18 | | with all personnel, contractual obligations, other | 19 | | obligations, responsibilities, and liabilities of the | 20 | | dissolving township transferred to the receiving townships. | 21 | | Each resolution shall include, but is not limited to, the | 22 | | following: | 23 | | (1) a legal description of the former territory of the | 24 | | dissolving township each receiving township will take upon | 25 | | the dissolution of the dissolving township; |
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| 1 | | (2) a description of how all assets and property, | 2 | | together with all personnel, contractual obligations, | 3 | | other obligations, responsibilities, and liabilities of | 4 | | the dissolving township will be transferred to the | 5 | | receiving townships; | 6 | | (3) the tax rates for general township purposes for the | 7 | | immediately preceding levy year, as extended and collected | 8 | | in the year in which the resolution is adopted, for the | 9 | | dissolving township and each receiving township; | 10 | | (4) a description and amount of all debt each receiving | 11 | | township shall assume after the dissolving township | 12 | | dissolves. The debt shall be assumed by each receiving | 13 | | township in equal proportion to the equalized assessed | 14 | | value of the land and property that will be received by | 15 | | each receiving township from the dissolving township | 16 | | unless otherwise agreed to in the resolutions; | 17 | | (5) a description of how each road district or road | 18 | | districts of a dissolving township shall comply with | 19 | | subsection (c) of Section 23-25; and | 20 | | (6) the date of the general election at which the | 21 | | referendum shall be held. | 22 | | All resolutions shall be passed not less than 79 days | 23 | | before the general election stated in the resolutions. | 24 | | (b) Before passing a resolution under this Section, each | 25 | | township board shall hold a public hearing on those matters | 26 | | after notice of the hearing has been published on the main page |
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| 1 | | of the townships' websites, if any, and in a newspaper having a | 2 | | general circulation in the townships affected. The notice shall | 3 | | be published at least 30 days before the date of the hearing. | 4 | | The notice shall contain, at a minimum, the name of the | 5 | | dissolving township and receiving townships and a description | 6 | | of the area each receiving township will receive from the | 7 | | dissolving township. | 8 | | (60 ILCS 1/23-15 new) | 9 | | Sec. 23-15. Referendum and notices. | 10 | | (a) Upon the adoption of resolutions under Section 23-10 by | 11 | | all townships or the submission of petitions meeting the | 12 | | requirements of Section 23-17, the township boards shall | 13 | | certify the question to the proper election authority, or the | 14 | | circuit court for the county in which each township is located | 15 | | shall certify the question to the proper election authority for | 16 | | submission of petitions meeting the requirements of Section | 17 | | 23-17, and the authority shall cause to be submitted to the | 18 | | voters of all townships at the general election specified in | 19 | | the resolutions or petitions a referendum to consolidate the | 20 | | townships. The referendum shall be substantially in the | 21 | | following form: | 22 | | Shall (name of dissolving township) be dissolved into | 23 | | (names of receiving townships)? | 24 | | The votes shall be recorded as "Yes" or "No". | 25 | | A referendum initiated upon the adoption of resolutions |
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| 1 | | under Section 23-10 is approved when a majority of the voters, | 2 | | in each of the affected townships, approve the referendum. A | 3 | | referendum initiated by petitions meeting the requirements of | 4 | | Section 23-17 is approved when 60% of the voters, in each of | 5 | | the affected townships, approve the referendum. | 6 | | (b) Before a referendum appears on the ballot under | 7 | | subsection (a), the township boards shall publish a copy of the | 8 | | adopted resolution on the main page of the townships' websites, | 9 | | if any, and in a newspaper having a general circulation in each | 10 | | of the townships affected. The notice shall be published at | 11 | | least 30 days before the date of the general election. | 12 | | Each township board shall additionally mail a copy of the | 13 | | adopted resolution, along with a copy of the referendum | 14 | | language and a list of all taxes levied for general township | 15 | | purposes in the affected townships, to every registered voter | 16 | | in each township affected. The notice shall be mailed at least | 17 | | 30 days before the date of the general election in which the | 18 | | referendum will appear. | 19 | | (c) Notwithstanding any provision of law to the contrary, | 20 | | no tax rate may be extended for any fund of the consolidated | 21 | | district for the first levy year of the consolidated district | 22 | | that exceeds any statutory maximum set forth for that fund, | 23 | | unless the referendum also conforms to the requirements of the | 24 | | Property Tax Extension Limitation Law or other statutory | 25 | | provision setting forth that limitation. |
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| 1 | | (60 ILCS 1/23-17 new) | 2 | | Sec. 23-17. Voter-initiated township consolidation. | 3 | | (a) In the counties of Cass, Henderson, and Cumberland, a | 4 | | referendum to propose township consolidation under this | 5 | | Article may also be initiated by petitions meeting the | 6 | | requirements of subsection (b). | 7 | | (b) Subject to the petition requirements of the Election | 8 | | Code, petitions for a referendum to consolidate under this | 9 | | Section must be filed with the circuit court for the county in | 10 | | which the affected townships are located not less than 122 days | 11 | | prior to the election at which the referendum will be voted. A | 12 | | petition must be filed for each consolidating township and | 13 | | shall be signed by not less than 10% of the total number of | 14 | | electors voting at the last general election in each township. | 15 | | All signatures gathered must be signed within 365 days prior to | 16 | | the filing of the petitions. | 17 | | (c) Upon filing the petitions with the circuit court, the | 18 | | parties so filing shall publish notice in a newspaper of | 19 | | general circulation within the territory of the townships | 20 | | affected. Failure to publish the required notice of petitions | 21 | | shall render the petition, and the results of any referendum | 22 | | held on the petition, null and void. | 23 | | (d) Upon the submission of petitions requesting township | 24 | | consolidation under this Section, the clerk of the circuit | 25 | | court shall submit copies of all the petitions to the governing | 26 | | board of each affected township. The clerk of the circuit court |
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| 1 | | shall then certify the question to the proper election | 2 | | authorities in accordance with the Election Code. | 3 | | (e) After certification of the question, each township | 4 | | board shall hold a public hearing on the matter of | 5 | | consolidation after notice of the hearing has been published on | 6 | | the main page of the townships' websites, if any, and in a | 7 | | newspaper having a general circulation in the townships | 8 | | affected. The notice shall be published at least 30 days before | 9 | | the date of the hearing. The notice shall contain, at a | 10 | | minimum, the name of all townships that will be consolidating | 11 | | and a description of the area of consolidation. | 12 | | (f) A referendum under this Section may be held no earlier | 13 | | than the general election in the year 2020. | 14 | | (60 ILCS 1/23-20 new) | 15 | | Sec. 23-20. Transition. | 16 | | (a) Notwithstanding any other provision of law to the | 17 | | contrary, upon the approval of a referendum under Section | 18 | | 23-15: | 19 | | (1) there shall be no further nominations or elections | 20 | | for clerks, assessors, collectors, highway commissioners, | 21 | | supervisors, or trustees of the dissolving township or | 22 | | highway commissions and the terms of all such officers | 23 | | currently serving shall continue until the third Monday of | 24 | | May of the year in which township officials are elected | 25 | | following the approval of a referendum under Section 23-15; |
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| 1 | | (2) a Transition Township Board is formed for each | 2 | | receiving township. Each Transition Township Board shall | 3 | | be composed of the members of the dissolving township | 4 | | boards plus the members of the receiving township board. | 5 | | The Transition Township Board shall only have authority to | 6 | | do the following under paragraphs (3) and (4) of this | 7 | | Section: provide for the compensation for all receiving | 8 | | township officials that will be elected at the consolidated | 9 | | election next following the approval of a referendum under | 10 | | Section 23-15; and approving additional debt to be taken on | 11 | | by the dissolving township; | 12 | | (3) each Transition Township Board shall hold a public | 13 | | meeting no later than the first Tuesday in April before the | 14 | | receiving townships' boards of trustees are elected at the | 15 | | consolidated election next following the approval of a | 16 | | referendum under Section 23-15. At this public meeting, the | 17 | | Transition Township Board shall provide for the | 18 | | compensation for all township officials that will be | 19 | | elected at the consolidated election. If the Board cannot | 20 | | agree on the compensation for an official, then the | 21 | | compensation for the same office between the receiving and | 22 | | dissolving townships shall be the lower compensation for | 23 | | the office in the dissolving township or receiving | 24 | | township; | 25 | | (4) the dissolving township shall not incur any | 26 | | additional debt without the approval of the Transition |
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| 1 | | Township Board of each receiving township that would assume | 2 | | such debt after dissolution of the dissolving township; and | 3 | | (5) Section 3-7 of the Election Code shall govern those | 4 | | individuals entitled to caucus, vote for, be nominated for, | 5 | | and run for offices for the receiving townships at the | 6 | | consolidated election of township officials next following | 7 | | the approval of a referendum under Section 23-15. | 8 | | (b) Upon the approval of a referendum under Section 23-15, | 9 | | the receiving townships may enter into an intergovernmental | 10 | | agreement under the Intergovernmental Cooperation Act for any | 11 | | lawful purpose relating to the land or property contained in | 12 | | the dissolving township after the township is dissolved. | 13 | | (60 ILCS 1/23-25 new) | 14 | | Sec. 23-25. Merged township. On the third Monday of May of | 15 | | the year in which township officials are elected following the | 16 | | approval of a referendum under Section 23-15, the following | 17 | | shall occur: | 18 | | (a) The dissolving township ceases. | 19 | | (b) All rights, powers, duties, assets, and property, | 20 | | together with all personnel, contractual obligations, | 21 | | other obligations, responsibilities, and liabilities of | 22 | | the dissolving township are transferred to the receiving | 23 | | townships as provided in the resolution adopted under | 24 | | Section 23-10. The rights include, but are not limited to, | 25 | | the authority to continue to collect and receive any tax |
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| 1 | | levied prior to the creation of the merged townships | 2 | | without an additional ordinance, resolution, or | 3 | | referendum. | 4 | | (c) Road districts located within the dissolving | 5 | | township are abolished and all the rights, powers, duties, | 6 | | assets, property, liabilities, obligations, and | 7 | | responsibilities of the dissolving road districts shall | 8 | | vest in and be assumed by the receiving townships' road | 9 | | districts as provided for in the resolutions adopted under | 10 | | Section 23-10; the boards of trustees of the receiving | 11 | | townships shall exercise the taxing authority of a road | 12 | | district dissolved under this Section and shall exercise | 13 | | all duties and responsibilities of the highway | 14 | | commissioner as provided in the Illinois Highway Code | 15 | | unless a road district in the receiving township has a | 16 | | highway commissioner who shall assume all duties and | 17 | | responsibilities of the highway commissioner of the | 18 | | dissolving road districts if so resolved by the receiving | 19 | | township board; highway commissioners of the dissolving | 20 | | road districts shall cease to hold office on the date the | 21 | | road district is abolished; and for purposes of | 22 | | distribution of revenue, the receiving townships' road | 23 | | districts, or the township board if no road districts | 24 | | exist, shall assume the powers, duties, and obligations of | 25 | | the dissolving road district.
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| 1 | | (60 ILCS 1/25-15)
| 2 | | Sec. 25-15. Selection of county governing body; election | 3 | | Election of county commissioners . When township organization
| 4 | | ceases in any county as provided in this Article, the county | 5 | | board may by ordinance or resolution restructure into a | 6 | | commission form of government on or before 180 days after a | 7 | | township organization ceases. If the county board votes to | 8 | | assume a commission form of government, an election shall be | 9 | | held in
the county at the next general election in an | 10 | | even-numbered year for 3 county
commissioners who shall hold | 11 | | office for 2, 4, and 6 years, respectively, and
until their | 12 | | successors are elected and qualified. Terms shall be determined | 13 | | by
lot. At each succeeding general election after the first, | 14 | | one commissioner
shall be elected.
| 15 | | (Source: P.A. 82-783; 88-62.)
| 16 | | (60 ILCS 1/25-25)
| 17 | | Sec. 25-25. Disposal of township records and property. When | 18 | | township
organization is discontinued in any county, the | 19 | | records of the several
townships shall be deposited in the | 20 | | county clerk's office. The county
board or board of county | 21 | | commissioners of the county may close up all unfinished | 22 | | business of the several
townships and sell or and dispose of | 23 | | any of the property belonging to a township
for the benefit of | 24 | | the inhabitants of the township, as fully as might have been
| 25 | | done by the townships themselves. The county board or board of |
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| 1 | | county commissioners may pay all the
indebtedness of any | 2 | | township existing at the time of the discontinuance of
township | 3 | | organization and cause the amount of the indebtedness, or so | 4 | | much as
may be necessary, to be levied upon the property of the | 5 | | township.
| 6 | | (Source: P.A. 82-783; 88-62.)
| 7 | | (60 ILCS 1/Art. 29 heading new) | 8 | | ARTICLE 29. DISCONTINUANCE OF | 9 | | TOWNSHIP WITHIN COTERMINOUS | 10 | | MUNICIPALITY: ALL TOWNSHIPS | 11 | | (60 ILCS 1/29-5 new) | 12 | | Sec. 29-5. Resolutions to discontinue and abolish a | 13 | | township. The township board and the corporate authorities of a | 14 | | coterminous, or substantially coterminous, municipality may by | 15 | | resolutions of the board and corporate authorities, and after | 16 | | referendum of the voters of the township and municipality: (1) | 17 | | discontinue and abolish the township; (2) transfer all the | 18 | | rights, powers, duties, assets, property, liabilities, | 19 | | obligations, and responsibilities of the township to the | 20 | | municipality; and (3) cease and dissolve all township road | 21 | | districts with the district's jurisdiction and authority | 22 | | transferred to the municipality upon the dissolution of the | 23 | | township. |
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| 1 | | (60 ILCS 1/29-10 new) | 2 | | Sec. 29-10. Notice. | 3 | | (a) Before passing resolutions under Section 29-5, the | 4 | | township board and the corporate authorities of the | 5 | | municipality shall hold public hearings on those matters after | 6 | | notice of the hearing has been published on the main page of | 7 | | the respective entities' websites, if any, and in a newspaper | 8 | | having general circulation in the township and municipality. | 9 | | The notice shall be published at least 30 days before the date | 10 | | of the hearing. | 11 | | (b) Before a referendum is placed on the ballot under | 12 | | Section 29-15, each township board shall publish a copy of the | 13 | | resolution adopted under Section 29-5 on the main page of the | 14 | | respective entities' websites, if any, and in a newspaper of | 15 | | general circulation in the township and municipality affected. | 16 | | The notice shall be published at least 30 days before the date | 17 | | of the general election in which the referendum will appear. | 18 | | Each township board shall additionally mail a copy of the | 19 | | adopted resolution, along with a copy of the referendum | 20 | | language, the date the referendum will appear, and a list of | 21 | | all taxes levied in the affected townships, to every registered | 22 | | voter in each township affected. The notice shall be mailed at | 23 | | least 30 days before the date of the election in which the | 24 | | referendum will appear. | 25 | | (60 ILCS 1/29-15 new) |
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| 1 | | Sec. 29-15. Referendum for cessation of township. Upon the | 2 | | adoption of resolutions under Section 29-5 by both the township | 3 | | and municipality, the township board and corporate authorities | 4 | | of the municipality shall certify the question to the election | 5 | | authority and the authority shall cause to be submitted to the | 6 | | voters of the township and municipality at the next election a | 7 | | referendum to discontinue the township and to transfer all the | 8 | | rights, powers, duties, assets, property, liabilities, | 9 | | obligations, and responsibilities of the township to the | 10 | | municipality. The referendum shall be substantially in the | 11 | | following form: | 12 | | Shall the Township of (name
of township) cease? | 13 | | The votes shall be recorded as "Yes" or "No". The | 14 | | referendum is approved when a majority of the voters, in both | 15 | | the township and municipality, approve the referendum. | 16 | | If the referendum is approved, there shall be no further | 17 | | nominations or elections for clerks, assessors, collectors, | 18 | | highway commissioners, supervisors, or trustees of the | 19 | | township or highway commission, and the terms of all such | 20 | | officers currently serving shall continue until the third | 21 | | Monday of May of the year of the consolidated election in which | 22 | | township officials are elected next following the approval of a | 23 | | referendum under this Section. | 24 | | (60 ILCS 1/29-20 new) | 25 | | Sec. 29-20. Cessation of township. On the third Monday in |
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| 1 | | May in the year of the consolidated election in which township | 2 | | officials are elected next following the approval of a | 3 | | referendum under Section 29-15: | 4 | | (1) the township is discontinued and abolished and all | 5 | | the rights, powers, duties, assets, property, liabilities, | 6 | | obligations, and responsibilities of the township shall | 7 | | vest in and be assumed by the municipality, including the | 8 | | authority to levy property taxes for township purposes in | 9 | | the same manner as the dissolved township without an | 10 | | additional ordinance, resolution, or referendum; | 11 | | (2) all township officers shall cease to hold office; | 12 | | (3) the municipality shall exercise all duties and | 13 | | responsibilities of the township officers as provided in | 14 | | the Township Code, the Illinois Public Aid Code, the | 15 | | Property Tax Code, and the Illinois Highway Code, as | 16 | | applicable. The municipality may enter into an | 17 | | intergovernmental agreement with the county or the State to | 18 | | administer the duties and responsibilities of the township | 19 | | officers for services under its jurisdiction; and | 20 | | (4) any road district located within the township is | 21 | | abolished and its jurisdiction, rights, powers, duties, | 22 | | assets, property, liabilities, obligations, and | 23 | | responsibilities shall vest in and be assumed by the | 24 | | municipality and the highway commissioner of the abolished | 25 | | road district shall cease to hold office. The corporate | 26 | | authorities of the municipality shall: exercise the taxing |
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| 1 | | authority of a road district abolished under this Section; | 2 | | exercise all duties and responsibilities of the highway | 3 | | commissioner as provided in the Illinois Highway Code; and | 4 | | for purposes of distribution of revenue, assume the powers, | 5 | | duties, and obligations of the road district in the | 6 | | discontinued township. The corporate authorities of a | 7 | | municipality may enter into an intergovernmental agreement | 8 | | or a contract with the county, another municipality, or a | 9 | | private contractor to administer the roads which were under | 10 | | the jurisdiction of the abolished road district. | 11 | | (60 ILCS 1/29-25 new) | 12 | | Sec. 29-25. Business, records, and property of | 13 | | discontinued township. The records of a township discontinued | 14 | | under this Article shall be deposited in the municipality's | 15 | | city clerk's office. The municipality may close up all | 16 | | unfinished business of the township and sell and dispose of any | 17 | | of the property belonging to the township for benefit of the | 18 | | inhabitants of the municipality.
| 19 | | (60 ILCS 1/65-20)
| 20 | | Sec. 65-20. Road district treasurer; new township; | 21 | | multi-township
officers. | 22 | | (a) Compensation of township officers shall be set by the | 23 | | township board
at least 180 days before the beginning of the | 24 | | terms of officers,
including compensation of the road district |
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| 1 | | treasurer, which shall be not less
than $100 or more than | 2 | | $1,000 per year.
Compensation of a township assessor and | 3 | | collector shall be set at the same
time as the compensation of | 4 | | the township supervisor. Compensation of a
multi-township | 5 | | assessor shall be set at least 150 days before his or her
| 6 | | election.
| 7 | | (b) The compensation to be paid to each officer in a new | 8 | | township
established under Section 10-25 shall be determined | 9 | | under this Section by
the township board of the township the | 10 | | whole or a part of which
comprises the new township and that | 11 | | has the highest equalized assessed
valuation (as of December | 12 | | 31, 1972) of the old townships that comprise the new
township.
| 13 | | (c) At least 150 days before the
election of multi-township | 14 | | officers, the multi-township board may establish
additional | 15 | | pay of those board members for their services in an amount not | 16 | | to
exceed $25 per day for each day of services.
| 17 | | (d) For the first term of a township consolidated or merged | 18 | | under Article 22 or 23, compensation for township officers of | 19 | | the consolidated or merged township shall be set by the | 20 | | Transition Township Board no later than the first day in April | 21 | | before the consolidated election at which the township officers | 22 | | are to be elected. | 23 | | (Source: P.A. 90-210, eff. 7-25-97.)
| 24 | | Section 20. The Home Equity Assurance Act is amended by | 25 | | changing Sections 4 and 5 and by adding Section 21 as follows:
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| 1 | | (65 ILCS 95/4) (from Ch. 24, par. 1604)
| 2 | | Sec. 4. Creation of Commission. | 3 | | (a) Whenever in a municipality with
more than 1,000,000 | 4 | | inhabitants, the question of creating a home equity
program | 5 | | within a contiguous territory included entirely within
the | 6 | | municipality is initiated by resolution or ordinance
of the | 7 | | corporate authorities of the municipality or by a petition
| 8 | | signed by not less than 10% of the total number of registered | 9 | | voters of
each precinct in the territory, the registered voters | 10 | | of
which are eligible to sign the petition, it shall be
the | 11 | | duty of the election authority having jurisdiction over such
| 12 | | municipality to submit the question of creating a home equity | 13 | | program to
the electors of each precinct within
the territory | 14 | | at the regular election specified in the resolution,
ordinance | 15 | | or petition initiating the question. If the question is
| 16 | | initiated by petition and if the requisite number of signatures | 17 | | is not
obtained in any precinct included within the territory | 18 | | described in the
petition, then the petition shall be valid as | 19 | | to the territory encompassed by those
precincts for which the | 20 | | requisite number of signatures is obtained and any
such | 21 | | precinct for which the requisite number of signatures is not | 22 | | obtained
shall be excluded from the territory. A petition | 23 | | initiating a
question described in this Section shall be filed | 24 | | with the election
authority having jurisdiction over the | 25 | | municipality. The petition
shall be filed and objections |
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| 1 | | thereto shall be made in the manner provided
in the general | 2 | | election law. A resolution, ordinance, or petition
initiating a | 3 | | question described in this Section shall specify the election
| 4 | | at which the question is to be submitted. The referendum on | 5 | | such question
shall be held in accordance with general election | 6 | | law. Such
question, and the resolution, ordinance, or petition | 7 | | initiating the
question, shall include a description of the | 8 | | territory, the name of the
proposed home equity program, and | 9 | | the maximum rate at which the home
equity program shall be able | 10 | | to levy a property tax. All
of that area within the geographic | 11 | | boundaries of the territory described in
such question shall be | 12 | | included in the program, and no area outside the
geographic | 13 | | boundaries of the territory described in such question shall be
| 14 | | included in the program. If the election authority determines | 15 | | that the
description cannot be included within the space | 16 | | limitations of the ballot,
the election authority shall prepare | 17 | | large printed copies of a notice of
the question, which shall | 18 | | be prominently displayed in the polling place of
each precinct | 19 | | in which the question is to be submitted.
| 20 | | (b) Whenever a majority of the voters on such public | 21 | | question approve the
creation of a home equity program as | 22 | | certified by the proper election
authorities, the mayor of the | 23 | | municipality shall appoint, with the consent
of the corporate | 24 | | authorities, 9 individuals, to be known as commissioners,
to | 25 | | serve as the governing body of the home equity program. The | 26 | | mayor
shall choose 7 of the 9 individuals to be appointed to |
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| 1 | | the governing
commission from nominees submitted by a community | 2 | | organization or community
organizations as defined in this Act. | 3 | | A community organization may
recommend up to 20 individuals to | 4 | | serve on a governing commission. Beginning after the effective | 5 | | date of this amendatory Act of the 100th General Assembly, a | 6 | | home equity commission shall consist of 7 commissioners; | 7 | | however, the 9 commissioners serving on a governing commission | 8 | | on the effective date of this amendatory Act of the 100th | 9 | | General Assembly shall be allowed to finish their current terms | 10 | | of service. Thereafter, the number of commissioners shall be | 11 | | reduced to 7.
| 12 | | No fewer than 5 commissioners serving at any one time shall | 13 | | reside
within the territory of the program. Beginning after the | 14 | | effective date of this amendatory Act of the 100th General | 15 | | Assembly, and upon the number of commissioners being reduced to | 16 | | 7, no fewer than 4 commissioners serving at any one time shall | 17 | | reside within the territory of the program.
| 18 | | Upon the initial appointment of 7 commissioners to creation | 19 | | of a governing commission under the provisions of this | 20 | | amendatory Act of the 100th General Assembly , the terms of the | 21 | | initial
commissioners shall be as follows: one 3 shall serve
| 22 | | for one year, 3 shall serve for 2 years, and 3 shall serve for 3
| 23 | | years and until a successor is appointed and qualified. All
| 24 | | succeeding terms shall be for 3 years, or until a successor is | 25 | | appointed
or qualified.
Commissioners shall serve without | 26 | | compensation except for reimbursement for
reasonable expenses |
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| 1 | | incurred in the performance of duties as a
commissioner. A | 2 | | vacancy in the office of a member of a commission shall be
| 3 | | filled in like manner as an original appointment.
| 4 | | All proceedings and meetings of the governing commission | 5 | | shall be
conducted in accordance with the provisions of the | 6 | | Open Meetings Act,
as now or hereafter amended.
| 7 | | (Source: P.A. 93-709, eff. 7-9-04.)
| 8 | | (65 ILCS 95/5) (from Ch. 24, par. 1605)
| 9 | | Sec. 5. Duties and Functions of Commission. The duties and | 10 | | functions
of the governing commission of a Home Equity Program | 11 | | shall include the following:
| 12 | | (a) To conduct or supervise the day-to-day operation of the | 13 | | program,
including but not limited to the administration of | 14 | | homeowner applications
for participation in the program and | 15 | | homeowner claims against the guarantee fund.
| 16 | | (b) To establish policies, rules, regulations, bylaws, and | 17 | | procedures
for both the governing commission and the program. | 18 | | No policies, rules,
regulations, or bylaws shall be adopted by | 19 | | the governing commission
without prior notice to the residents | 20 | | of the territory of a program and an
opportunity for such | 21 | | residents to be heard.
| 22 | | (c) To provide annual status reports on the program to the | 23 | | mayor and
corporate authorities of the municipality.
| 24 | | (d) To establish guaranteed value standards which are | 25 | | directly linked to
the program appraisal, to approve guarantee |
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| 1 | | values,
to establish requirements for program appraisers | 2 | | consistent with subsection
(p) of Section 3. In no event shall | 3 | | the program guidelines adopted by the governing
commission | 4 | | provide for selecting appraisers based on criteria other than
| 5 | | the quality and timeliness of the appraisals provided to the | 6 | | governing commission.
| 7 | | (e) To manage, administer, and invest the guarantee fund.
| 8 | | (f) To liquidate acquired assets to maintain the guarantee | 9 | | fund.
| 10 | | (g) To participate in arbitration required under the | 11 | | program and to
subpoena all necessary persons, parties, or | 12 | | documents required to proceed
with such arbitration.
| 13 | | (h) To employ necessary personnel, acquire necessary | 14 | | office space, enter
into contractual relationships and | 15 | | disburse funds in accordance with the
provisions of this Act. A | 16 | | governing commission may employ full-time or part-time | 17 | | employees.
| 18 | | (i) To perform such other functions in connection with the | 19 | | program and
the guarantee fund as required under this Act.
| 20 | | (Source: P.A. 85-1044.)
| 21 | | (65 ILCS 95/21 new) | 22 | | Sec. 21. Tax Reimbursement Program. A governing | 23 | | commission, with no less than $4,000,000 unencumbered funds in | 24 | | its guarantee fund, may, if authorized by resolution of the | 25 | | governing commission upon approval by two-thirds of the |
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| 1 | | commissioners, establish a Tax Reimbursement Program to make | 2 | | reimbursements to each applicable taxpayer for an amount of no | 3 | | more than the total of their pro rata share of the annual levy | 4 | | imposed by the commission. Prior to authorizing a reimbursement | 5 | | program, an independent licensed public accountant not | 6 | | connected with the commission or any entity conducting business | 7 | | with the commission shall audit the commission and the proposal | 8 | | for the program. The commission may create a program if the | 9 | | independent licensed public accountant determines that such a | 10 | | program will not reduce the balance of the guarantee fund to | 11 | | less than $3,000,000. For the purposes of this Section, | 12 | | "applicable taxpayer" means the owner of record that paid the | 13 | | tax levied on property in accordance with Section 11 of this | 14 | | Act. | 15 | | Section 25. The Street Light District Act is amended by | 16 | | changing Section 11 as follows: | 17 | | (70 ILCS 3305/11) | 18 | | Sec. 11. Cessation of district organization. | 19 | | Notwithstanding any other provision of law, if a majority vote | 20 | | of the board of trustees is in favor of the proposition to | 21 | | annex the district to another district whose boundaries are | 22 | | contiguous, or consolidate the district into a municipality | 23 | | with which the district is coterminous or substantially | 24 | | coterminous, or consolidate the district into the county in |
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| 1 | | which the district sits if the district contains territory | 2 | | within only one county, or consolidate the district into the | 3 | | township in which the district sits if the entire district is | 4 | | located within the district, and if the governing authorities | 5 | | of the governmental unit assuming the functions of the former | 6 | | district agree by resolution to accept the functions (and | 7 | | jurisdiction over the territory, if applicable) of the | 8 | | consolidated or annexed district, then the district shall | 9 | | cease. On the effective date of the annexation or | 10 | | consolidation, all the rights, powers, duties, assets, | 11 | | property, liabilities, indebtedness, obligations, bonding | 12 | | authority, taxing authority, and responsibilities of the | 13 | | district shall vest in and be assumed by the governmental unit | 14 | | assuming the functions of the former district. | 15 | | The employees of the former district shall be transferred | 16 | | to the governmental unit assuming the functions of the former | 17 | | district. The governmental unit assuming the functions of the | 18 | | former district shall exercise the rights and responsibilities | 19 | | of the former district with respect to those employees. The | 20 | | status and rights of the employees of the former district under | 21 | | any applicable contracts or collective bargaining agreements, | 22 | | historical representation rights under the Illinois Public | 23 | | Labor Relations Act, or under any pension, retirement, or | 24 | | annuity plan shall not be affected by this amendatory Act.
| 25 | | (Source: P.A. 98-1002, eff. 8-18-14.) |
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| 1 | | Section 30. The Illinois Highway Code is amended by | 2 | | changing Sections 6-130 and 6-133 and by adding Sections 6-134 | 3 | | and 6-136 as follows:
| 4 | | (605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
| 5 | | Sec. 6-130. Road district abolishment. Notwithstanding any | 6 | | other provision of this Code Act to the contrary,
no
township | 7 | | road district may continue in existence if the roads forming a
| 8 | | part of the district do not exceed a total of 4 miles in length | 9 | | as determined by the county engineer or county superintendent | 10 | | of highways . For purposes of this Section, the roads forming a | 11 | | part of a township road district include those roads maintained | 12 | | by the district, regardless of whether or not those roads are | 13 | | owned by the township. On the
first Tuesday in April of 1975, | 14 | | or of any subsequent year next succeeding
the reduction of a | 15 | | township road system to a total mileage of 4 miles or
less, | 16 | | each such township road district shall, by operation of law, be
| 17 | | abolished. The roads comprising that district at that time | 18 | | shall thereafter
be administered by the township board of | 19 | | trustees by contracting with the
county, a municipality or a | 20 | | private contractor. The township board of trustees
shall assume | 21 | | all taxing authority of a township road district abolished | 22 | | under
this Section.
| 23 | | (Source: P.A. 94-884, eff. 6-20-06.)
| 24 | | (605 ILCS 5/6-133) |
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| 1 | | Sec. 6-133. Abolishing a road district in Cook County. By | 2 | | resolution, the board of trustees of any township located in | 3 | | Cook County, Illinois, may submit a proposition to abolish the | 4 | | road district of that township to the electors of that township
| 5 | | at a general election or consolidated election in accordance | 6 | | with the general election law. The
ballot shall be in | 7 | | substantially the following form: | |
8 | | --------- | | |
9 | | Shall the Road District of the Township of | | | |
10 | | ........... be abolished with all the rights, | YES | | |
11 | | powers, duties, assets, property, liabilities, | |
12 | | obligations, and responsibilities being assumed | --------- | | |
13 | | by the Township of ........... ? | NO | | |
14 | | --------- | |
| 15 | | In the event that a majority of the electors voting on such | 16 | | proposition are in favor thereof, then
the road district shall | 17 | | be abolished by operation of law effective on January 1 of the | 18 | | calendar
year immediately following the calendar year in which | 19 | | the proposition was approved by the
electors or on the date the | 20 | | term of the highway commissioner in office at the time the | 21 | | proposition was approved by the electors expires, whichever is | 22 | | later . | 23 | | On that date, all the rights, powers, duties, assets, | 24 | | property, liabilities, obligations, and
responsibilities of |
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| 1 | | the road district shall by operation of law vest in and be | 2 | | assumed by the
township. On that date, the township board of | 3 | | trustees shall assume all taxing authority of a road district | 4 | | abolished under this Section. On that date, any highway | 5 | | commissioner of the abolished road district shall cease to
hold | 6 | | office, such term having been terminated. Thereafter, the | 7 | | township shall exercise all duties
and responsibilities of the | 8 | | highway commissioner as provided in the Illinois Highway Code. | 9 | | The
township board of trustees may enter into a contract with | 10 | | the county, a municipality, or a private
contractor to | 11 | | administer the roads under its jurisdiction. The township board | 12 | | of trustees shall
assume all taxing authority of a township | 13 | | road district abolished under this subsection. For purposes
of | 14 | | distribution of revenue, the township shall assume the powers, | 15 | | duties, and obligations of the
road district.
| 16 | | (Source: P.A. 97-611, eff. 1-1-12.) | 17 | | (605 ILCS 5/6-134 new) | 18 | | Sec. 6-134. Abolishing a road district. By resolution of | 19 | | the board of trustees of any township located in a county with | 20 | | less than 3,000,000 inhabitants or by the submission of a | 21 | | petition meeting the requirements of Section 6-136 by electors | 22 | | of any township located in a county with less than 3,000,000 | 23 | | inhabitants, a proposition to abolish the road district of that | 24 | | township may be submitted to the electors of that township, by | 25 | | the board of trustees if by resolution or by the circuit court |
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| 1 | | if by petition, at a general election or consolidated election | 2 | | in accordance with the general election law. The ballot shall | 3 | | be in substantially the following form: | |
4 | | --------- | | |
5 | | Shall the Road District of the Township of | | | |
6 | | ........... be abolished with all the rights, | YES | | |
7 | | powers, duties, assets, property, liabilities, | |
8 | | obligations, and responsibilities being assumed | --------- | | |
9 | | by the Township of ........... ? | NO | | |
10 | | --------- | |
| 11 | | In the event that a majority of the electors voting on such | 12 | | proposition initiated by a majority of the township board of | 13 | | trustees are in favor thereof, then the road district shall be | 14 | | abolished on the January 1 following the approval of the | 15 | | referendum or on the date the term of the highway commissioner | 16 | | in office at the time the proposition was approved by the | 17 | | electors expires, whichever is later. If 60% of the electors | 18 | | voting on a referendum initiated by a petition meeting the | 19 | | requirements of Section 6-136 are in favor of abolishing the | 20 | | township road district, then the road district is abolished on | 21 | | the January 1 following the approval of the referendum or on | 22 | | the date the term of the highway commissioner in office at the | 23 | | time the referendum was approved expires, whichever is later. | 24 | | On that date, all the rights, powers, duties, assets, |
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| 1 | | property, liabilities, obligations, and responsibilities of | 2 | | the road district shall by operation of law vest in and be | 3 | | assumed by the township. On that date, the township board of | 4 | | trustees shall assume all taxing authority of a road district | 5 | | abolished under this Section. On that date, any highway | 6 | | commissioner of the abolished road district shall cease to hold | 7 | | office, such term having been terminated. Thereafter, the | 8 | | township shall exercise all duties and responsibilities of the | 9 | | highway commissioner as provided in the Illinois Highway Code. | 10 | | The township board of trustees may enter into a contract with | 11 | | the county, a municipality, or a private contractor to | 12 | | administer the roads under its jurisdiction. The township board | 13 | | of trustees shall assume all taxing authority of a township | 14 | | road district abolished under this subsection. For purposes of | 15 | | distribution of revenue, the township shall assume the powers, | 16 | | duties, and obligations of the road district.
| 17 | | (605 ILCS 5/6-136 new) | 18 | | Sec. 6-136. Voter-initiated road district consolidation. | 19 | | (a) In the counties of Cass, Henderson, and Cumberland, a | 20 | | referendum to propose road district consolidation under | 21 | | Section 6-134 of this Code may also be initiated by a petition | 22 | | meeting the requirements of subsection (b) of this Section. | 23 | | (b) To initiate a referendum under this Section, a petition | 24 | | must be filed with the circuit court for the county in which | 25 | | the township road district is located. The petition shall be |
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| 1 | | signed by not less than 10% of the total number of electors | 2 | | voting at the last general election in the affected township | 3 | | road district. | 4 | | (c) Upon the submission of a petition requesting township | 5 | | road district consolidation under this Section, the clerk of | 6 | | the circuit court shall submit copies of the petition to the | 7 | | governing board of the township road district. The clerk of the | 8 | | circuit court shall then certify the question to the proper | 9 | | election authorities in accordance with the Election Code and | 10 | | the question shall be submitted to the electors as provided in | 11 | | Section 6-134. | 12 | | (d) The governing board of the affected road district and | 13 | | the governing board of the affected township must each hold a | 14 | | public hearing on the issue of consolidation no more than 60 | 15 | | days prior to the general election at which the referendum | 16 | | under this Section shall be voted upon. | 17 | | (e) A referendum under this Section may be held no earlier | 18 | | than the general election in the year 2020. |
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