Full Text of HB0496 100th General Assembly
HB0496sam001 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/5/2017
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| 1 | | AMENDMENT TO HOUSE BILL 496
| 2 | | AMENDMENT NO. ______. Amend House Bill 496 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by adding Section | 5 | | 3-7 and by changing Section 28-1 as follows: | 6 | | (10 ILCS 5/3-7 new) | 7 | | Sec. 3-7. Voters in consolidating and merging townships. | 8 | | (a) In the consolidated election where township trustees | 9 | | are elected next following the certification of a successful | 10 | | referendum to consolidate townships under Article 22 of the | 11 | | Township Code, the qualified electors entitled to caucus, vote | 12 | | for, be nominated for, and run for offices in the consolidated | 13 | | township that is to be formed are those registered voters | 14 | | residing in any of the townships identified in the referendum | 15 | | as they exist prior to consolidation. | 16 | | (b) In the consolidated election where township trustees |
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| 1 | | are elected next following the certification of a successful | 2 | | referendum to dissolve a township and merge its territory into | 3 | | 2 adjacent townships under Article 23 of the Township Code, the | 4 | | qualified electors entitled to caucus, vote for, be nominated | 5 | | for, and run for offices in a receiving township shall also | 6 | | include those registered voters residing in the territory of | 7 | | the dissolving township described in the resolutions adopted | 8 | | under Section 23-10 of the Township Code as the territory to be | 9 | | merged with the receiving township. For purposes of this | 10 | | subsection (b) only, "dissolving township" and "receiving | 11 | | township" have the meaning provided in Section 23-5 of the | 12 | | Township Code.
| 13 | | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
| 14 | | Sec. 28-1.
The initiation and submission of all public | 15 | | questions to
be voted upon by the electors of the State or of | 16 | | any political
subdivision or district or precinct or | 17 | | combination of precincts shall be
subject to the provisions of | 18 | | this Article.
| 19 | | Questions of public policy which have any legal effect | 20 | | shall be
submitted to referendum only as authorized by a | 21 | | statute which so
provides or by the Constitution. Advisory | 22 | | questions of public policy
shall be submitted to referendum | 23 | | pursuant to Section 28-5 or pursuant to
a statute which so | 24 | | provides.
| 25 | | The method of initiating the submission of a public |
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| 1 | | question shall be
as provided by the statute authorizing such | 2 | | public question, or as
provided by the Constitution.
| 3 | | All public questions shall be initiated, submitted and | 4 | | printed on the
ballot in the form required by Section 16-7 of | 5 | | this Act, except as may
otherwise be specified in the statute | 6 | | authorizing a public question.
| 7 | | Whenever a statute provides for the initiation of a public | 8 | | question
by a petition of electors, the provisions of such | 9 | | statute shall govern
with respect to the number of signatures | 10 | | required, the qualifications of
persons entitled to sign the | 11 | | petition, the contents of the petition, the
officer with whom | 12 | | the petition must be filed, and the form of the
question to be | 13 | | submitted. If such statute does not specify any of the
| 14 | | foregoing petition requirements, the corresponding petition | 15 | | requirements
of Section 28-6 shall govern such petition.
| 16 | | Irrespective of the method of initiation, not more than 3 | 17 | | public
questions other than (a) back door referenda, (b) | 18 | | referenda to
determine whether a disconnection may take place | 19 | | where a city coterminous
with a township is proposing to annex | 20 | | territory from an adjacent township, (c) referenda held under | 21 | | the provisions of the Property Tax Extension
Limitation Law in | 22 | | the Property Tax Code, or (d) referenda held under
Section | 23 | | 2-3002 of the Counties Code , or (e) referenda held under | 24 | | Article 22, 23, or 29 of the Township Code may be submitted to
| 25 | | referendum with respect to a political
subdivision at the same | 26 | | election.
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| 1 | | If more than 3 propositions are timely initiated or | 2 | | certified for
submission at an election with respect to a | 3 | | political subdivision, the
first 3 validly initiated, by the | 4 | | filing of a petition or by the
adoption of a resolution or | 5 | | ordinance of a political subdivision, as the
case may be, shall | 6 | | be printed on the ballot and submitted at that
election. | 7 | | However, except as expressly authorized by law not more than
| 8 | | one proposition to change the form of government of a | 9 | | municipality
pursuant to Article VII of the Constitution may be | 10 | | submitted at an
election. If more than one such proposition is | 11 | | timely initiated or
certified for submission at an election | 12 | | with respect to a municipality,
the first validly initiated | 13 | | shall be the one printed on the ballot and
submitted at that | 14 | | election.
| 15 | | No public question shall be submitted to the voters of a | 16 | | political
subdivision at any regularly scheduled election at | 17 | | which such voters are
not scheduled to cast votes for any | 18 | | candidates for nomination for, election
to or retention in | 19 | | public office, except that if, in any existing or proposed
| 20 | | political subdivision in which the submission of a public | 21 | | question at a
regularly scheduled election is desired, the | 22 | | voters of only a portion of
such existing or proposed political | 23 | | subdivision are not scheduled to cast votes
for nomination for, | 24 | | election to or retention in public office at such election,
but | 25 | | the voters in one or more other portions of such existing or | 26 | | proposed
political subdivision are scheduled to cast votes for |
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| 1 | | nomination for, election
to or retention in public office at | 2 | | such election, the public question shall be
voted upon by all | 3 | | the qualified voters of the entire existing or proposed
| 4 | | political subdivision at the election.
| 5 | | Not more than 3 advisory public questions may be submitted | 6 | | to the
voters of the entire state at a general election. If | 7 | | more than 3 such advisory
propositions are initiated, the first | 8 | | 3 timely and validly initiated
shall be the questions printed | 9 | | on the ballot and submitted at that
election; provided however, | 10 | | that a question for a proposed amendment to
Article IV of the | 11 | | Constitution pursuant to Section 3, Article XIV of the
| 12 | | Constitution, or for a question submitted under the Property | 13 | | Tax Cap
Referendum Law, shall not be included in the foregoing | 14 | | limitation.
| 15 | | (Source: P.A. 93-308, eff. 7-23-03.)
| 16 | | Section 10. The Counties Code is amended by changing the | 17 | | heading of Division 2-4, and by changing Sections 2-4006, | 18 | | 5-44010, 5-44020, and by adding Section 5-44043 as follows:
| 19 | | (55 ILCS 5/Div. 2-4 heading) | 20 | | Division 2-4. Counties not under | 21 | | Township Organization
| 22 | | Organized as a Commission | 23 | | Form of Government
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| 1 | | (55 ILCS 5/2-4006)
| 2 | | Sec. 2-4006. Terms of commissioners.
| 3 | | (a) In every county not under
township organization that is | 4 | | organized as a commission form of government having 3 | 5 | | commissioners elected at large as described in
subsection (b) | 6 | | or (c), the commissioners shall be elected as provided in this
| 7 | | Section.
| 8 | | (b) In a county in which one commissioner was elected at | 9 | | the general
election in 1992 to serve for a term of 4 years and | 10 | | in which 2 commissioners
will be elected at the general | 11 | | election in 1994, the commissioner elected in
1994 and | 12 | | receiving the greatest number of votes shall serve for a term | 13 | | of 6
years. The other commissioner elected in 1994 shall serve | 14 | | for a term of 4
years. At the general election in 1996 and at | 15 | | each general election
thereafter, one commissioner shall be | 16 | | elected to serve for a term of 6 years.
| 17 | | (c) In a county in which 2 commissioners were elected at | 18 | | the general
election in 1992 to serve for terms of 4 years and | 19 | | in which one commissioner
will be elected at the general | 20 | | election in 1994, the commissioner elected in
1994 shall serve | 21 | | for a term of 4 years. The commissioner elected in 1996 and
| 22 | | receiving the greatest number of votes shall serve for a term | 23 | | of 6 years. The
other commissioner elected in 1996 shall serve | 24 | | for a term of 4 years. At the
general election in 1998 and at | 25 | | each general election thereafter, one
commissioner shall be | 26 | | elected to serve for a term of 6 years. |
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| 1 | | (c-5) In Calhoun County, Edwards County, and Union County, | 2 | | the registered voters of the county may, upon referendum
| 3 | | initiated by (i) the adoption of a resolution of the
board of | 4 | | county commissioners or (ii) a petition signed by not less than | 5 | | 10% of the registered voters in the county, determine that the | 6 | | board of
county commissioners shall consist of 5
commissioners | 7 | | elected at large. The commissioners must certify
the question | 8 | | to the proper election authority, which must
submit the | 9 | | question at an election in accordance with the
general election | 10 | | law. | 11 | | The question shall be submitted in substantially the
| 12 | | following form: | 13 | | "Shall the board of county commissioners of (county) | 14 | | consist of 5 commissioners elected at large?" | 15 | | Votes must be recorded as "Yes" or "No". If a majority of | 16 | | the electors voting on the question vote in the affirmative, | 17 | | then a 5-member board of county commissioners shall be | 18 | | established beginning with the next general election. The | 19 | | County Clerk, in consultation with the State's Attorney for the | 20 | | county, shall develop and present to the board of county | 21 | | commissioners, to implement by the adoption of a resolution, | 22 | | the transition of terms for the current 3-member board of | 23 | | commissioners and the addition of 2 commissioners for 6-year | 24 | | terms. Thereafter, commissioners shall be elected at each | 25 | | general election to fill expired terms.
| 26 | | (d) The provisions of this Section do not apply to |
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| 1 | | commissioners elected
under Section 2-4006.5 of this Code.
| 2 | | (Source: P.A. 96-175, eff. 8-10-09.)
| 3 | | (55 ILCS 5/5-44010) | 4 | | Sec. 5-44010. Applicability. The powers and authorities | 5 | | provided by this Division 5-44 apply to all counties DuPage, | 6 | | Lake, and McHenry Counties and units of local government within | 7 | | such counties.
| 8 | | (Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.) | 9 | | (55 ILCS 5/5-44020) | 10 | | Sec. 5-44020. Definitions. In this Division 5-44: | 11 | | "Fire protection jurisdiction" means a fire protection | 12 | | district, municipal fire department, or service organized | 13 | | under Section 5-1056.1 of the Counties Code, Sections 195 and | 14 | | 200 of the Township Code, Section 10-2.1 of the Illinois | 15 | | Municipal Code, or the Illinois Fire Protection District Act. | 16 | | "Governing board" means the individual or individuals who | 17 | | constitute the
corporate authorities of a unit of local | 18 | | government. | 19 | | "Unit of local government" or "unit" means any unit of | 20 | | local government located entirely within one county, to which | 21 | | the county board chairman or county executive directly appoints | 22 | | a majority of its governing board with the advice and consent | 23 | | of the county board, but shall not include a fire protection | 24 | | district that directly employs any regular full-time |
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| 1 | | employees, a conservation district organized under the | 2 | | Conservation District Act, or a special district organized | 3 | | under the Water Commission Act of 1985 , a community mental | 4 | | health board established under the Community Mental Health | 5 | | Board Act, or a board established under the County Care for | 6 | | Persons with Developmental Disabilities Act .
| 7 | | (Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14; | 8 | | 99-709, eff. 8-5-16.) | 9 | | (55 ILCS 5/5-44043 new) | 10 | | Sec. 5-44043. Rights and obligations of employees. | 11 | | (a) The status and rights of employees represented by an | 12 | | exclusive bargaining representative shall not be affected by | 13 | | the dissolution of a unit of local government under this | 14 | | Division, except that this subsection does not apply in DuPage, | 15 | | Lake, and McHenry Counties for actions taken before the | 16 | | effective date of this amendatory Act of the 100th General | 17 | | Assembly. | 18 | | (b) Obligations of the dissolving unit of local government | 19 | | assumed by the trustee-in-dissolution, county, or governing | 20 | | body of a special service area include the obligation to honor | 21 | | representation rights under the Illinois Public Labor | 22 | | Relations Act and any collective bargaining agreements | 23 | | existing on the date of dissolution of the unit of local | 24 | | government. | 25 | | (c) The rights of employees under any pensions, retirement |
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| 1 | | plans, or annuity plans existing on the date of dissolution of | 2 | | the unit of local government are not affected by the | 3 | | dissolution of a unit of local government under this Division.
| 4 | | Section 15. The Township Code is amended by adding Articles | 5 | | 22, 23, and 29 and by changing Sections 10-25, 25-15, 25-25, | 6 | | and 65-20 as follows:
| 7 | | (60 ILCS 1/10-25)
| 8 | | Sec. 10-25. Plan for changes in townships.
| 9 | | (a) The county board of each county may, subject to a | 10 | | referendum in the
townships affected as provided in this | 11 | | Section, adopt a plan for altering the
boundaries of townships, | 12 | | changing township lines, dividing, enlarging, or
consolidating | 13 | | townships, or creating new townships, so that each township | 14 | | shall
possess an equalized assessed valuation of not less than | 15 | | $10,000,000 as of the
1982 assessment year or an area of not | 16 | | more than 126 square miles .
| 17 | | (b) No alteration or change in boundaries shall be | 18 | | effective unless
approved by a referendum in each township | 19 | | affected. The election authority
shall submit to the voters of | 20 | | each township affected, at a regular
election to be held not | 21 | | less than 60 days after the plan is adopted,
the question of | 22 | | approving the alteration or change. The alterations or changes,
| 23 | | if approved by the voters, shall take effect on the date of the | 24 | | next township
election and shall be applicable to that |
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| 1 | | election. If there is doubt as to the
township clerk with whom | 2 | | nomination papers for that election should be filed,
the county | 3 | | board shall designate the clerk. In the alteration of | 4 | | boundaries, a
county board may not disturb urban or coterminous | 5 | | townships in existence on
October 1, 1978.
| 6 | | (Source: P.A. 84-1308; 88-62.)
| 7 | | (60 ILCS 1/Art. 22 heading new) | 8 | | ARTICLE 22. CONSOLIDATION OF | 9 | | MULTIPLE TOWNSHIPS | 10 | | (60 ILCS 1/22-5 new) | 11 | | Sec. 22-5. Resolution for consolidation; notice. | 12 | | (a) Notwithstanding any other provision of law to the | 13 | | contrary, the township boards of any 2 or more adjacent | 14 | | townships may, by identical resolutions of each board, propose | 15 | | consolidation by referendum: (i) into a new township; or (ii) | 16 | | into an existing township. Each resolution shall include, but | 17 | | is not limited to, the following: | 18 | | (1) the name of the proposed new consolidated township | 19 | | or the name of the existing township into which all | 20 | | townships will be consolidated; | 21 | | (2) a description of how each road district or road | 22 | | districts of a dissolving township shall comply with | 23 | | subsection (c) of Section 22-20 if a township will be | 24 | | consolidating into an existing township; |
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| 1 | | (3) the names of all townships that will be | 2 | | consolidating and a description of the area of | 3 | | consolidation; and | 4 | | (4) the date of the general election at which the | 5 | | referendum shall be held. | 6 | | All resolutions shall be passed not less than 79 days | 7 | | before the general election stated in the resolutions. For | 8 | | purposes of this Section, 3 or more townships are adjacent when | 9 | | each township shares a boundary with at least one of the other | 10 | | townships which are to be consolidated. | 11 | | (b) Before passing a resolution under subsection (a), each | 12 | | township board shall hold a public hearing on those matters | 13 | | after notice of the hearing has been published in a newspaper | 14 | | having a general circulation in the townships affected. The | 15 | | notice shall be published at least 30 days before the date of | 16 | | the hearing. The notice shall contain, at a minimum, the name | 17 | | of all townships that will be consolidating and a description | 18 | | of the area of consolidation. | 19 | | (60 ILCS 1/22-10 new) | 20 | | Sec. 22-10. Referendum. | 21 | | (a) Upon the adoption of resolutions under Section 22-5 by | 22 | | each township, the township boards shall certify the question | 23 | | to the election authority and the authority shall cause to be | 24 | | submitted to the voters of each township at the general | 25 | | election specified in the resolutions a referendum to |
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| 1 | | consolidate the townships. The referendum shall be | 2 | | substantially in the following form: | 3 | | Shall (names of townships) be consolidated into [a new | 4 | | township called (name of proposed consolidated | 5 | | township)/the township of (name of existing township)]? | 6 | | The votes shall be recorded as "Yes" or "No". The | 7 | | referendum is approved when a majority of the voters, in each | 8 | | of the affected townships, approve the referendum. | 9 | | (b) Before a referendum appears on the ballot under | 10 | | subsection (a), each township board shall publish a copy of the | 11 | | adopted resolution in a newspaper having a general circulation | 12 | | in each of the townships affected. The notice shall be | 13 | | published at least 30 days before the date of the general | 14 | | election in which the referendum will appear. | 15 | | Each township board shall additionally mail a copy of the | 16 | | adopted resolution, along with a copy of the referendum | 17 | | language and a list of all taxes levied for general township | 18 | | purposes in the affected townships, to every registered voter | 19 | | in each township affected. The notice shall be mailed at least | 20 | | 30 days before the date of the general election in which the | 21 | | referendum will appear. | 22 | | (c) Notwithstanding any provision of law to the contrary, | 23 | | no tax rate may be extended for any fund of the consolidated | 24 | | district for the first levy year of the consolidated district | 25 | | that exceeds any statutory maximum set forth for that fund, | 26 | | unless the referendum also conforms to the requirements of the |
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| 1 | | Property Tax Extension Limitation Law or other statutory | 2 | | provision setting forth that limitation. | 3 | | (60 ILCS 1/22-15 new) | 4 | | Sec. 22-15. Transition. Notwithstanding any other | 5 | | provision of law to the contrary, upon the approval of a | 6 | | referendum under Section 22-10: | 7 | | (a) There shall be no further nominations or elections for | 8 | | clerks, assessors, collectors, highway commissioners, | 9 | | supervisors, or trustees of any of the separate townships or | 10 | | highway commissions, and the terms of all such officers | 11 | | currently serving shall continue until the third Monday of May | 12 | | of the year in which township officials are elected next | 13 | | following the approval of a referendum under Section 22-10. | 14 | | (b) A Transition Township Board is formed and is composed | 15 | | of the members of the separate townships boards. The Transition | 16 | | Township Board shall have only the following powers: (1) to | 17 | | propose and approve the compensation of all officials of the | 18 | | consolidated township that will be elected at the consolidated | 19 | | election next following the passage of the referendum under | 20 | | Section 22-10; and (2) to propose and approve additional debt | 21 | | to be taken on by any of the separate townships. | 22 | | (c) The Transition Township Board shall hold a public | 23 | | hearing no later than the last Tuesday in December before the | 24 | | consolidated township board of trustees are elected next | 25 | | following the approval of a referendum under Section 22-10. If |
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| 1 | | the Board cannot agree on the compensation for an official by | 2 | | the first Tuesday in April before the consolidated election of | 3 | | township officials next following the approval of a referendum | 4 | | under Section 22-10, then the compensation for that official | 5 | | shall be equal to the lowest compensation for the same office | 6 | | between the separate townships in the previous calendar year. | 7 | | (d) The separate townships shall not incur any additional | 8 | | debt without the approval of the Transition Township Board. For | 9 | | purposes of this Section, "debt" shall have the meaning | 10 | | ascribed to that term in Section 23-5. | 11 | | (e) Section 3-7 of the Election Code shall govern those | 12 | | individuals entitled to caucus, vote for, be nominated for, and | 13 | | run for offices for the consolidated township at the | 14 | | consolidated election of township officials next following the | 15 | | approval of a referendum under Section 22-10. | 16 | | (60 ILCS 1/22-20 new) | 17 | | Sec. 22-20. Consolidated township. | 18 | | (a) On the third Monday of May of the year in which | 19 | | township officials are elected following the approval of a | 20 | | referendum under Section 22-10, the following shall occur: | 21 | | (1) the separate townships cease and the consolidated | 22 | | township is created; | 23 | | (2) all rights, powers, duties, assets, and property, | 24 | | together with all personnel, contractual obligations, | 25 | | other obligations, responsibilities, and liabilities of |
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| 1 | | the separate townships are transferred to the consolidated | 2 | | township; those rights include, but are not limited to, the | 3 | | authority to continue to collect, receive, and expend the | 4 | | proceeds of any tax levied by any of the separate townships | 5 | | prior to the creation of the consolidated township without | 6 | | an additional ordinance, resolution, or referendum; the | 7 | | proceeds of any tax levied by any of the separate townships | 8 | | prior to the creation of the consolidated township shall be | 9 | | expended or disposed of by the consolidated township in the | 10 | | same manner as such assessments might have been expended or | 11 | | disposed of by the separate townships; however, if the | 12 | | consolidated township board determines that there is a | 13 | | surplus in the fund for general township purposes on | 14 | | December 31 of the calendar year in which the consolidation | 15 | | occurs, then any portion of the surplus that is solely | 16 | | attributable to the consolidation shall be refunded to the | 17 | | owners of record of taxable property within the | 18 | | consolidated district on a pro rata basis; and | 19 | | (3) road districts located within the separate | 20 | | townships are abolished. | 21 | | (b) When a new township is created, a new road district | 22 | | encompassing the consolidated township is created. All the | 23 | | rights, powers, duties, assets, property, liabilities, | 24 | | obligations, and responsibilities of the separate road | 25 | | districts shall vest in and be assumed by the new road district | 26 | | as provided for in the resolutions adopted under Section 22-5. |
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| 1 | | The new township board of trustees shall exercise the taxing | 2 | | authority of a road district abolished under this Section. The | 3 | | highway commissioners of the abolished road districts shall | 4 | | cease to hold office on the date the road district is | 5 | | abolished. The new township board shall exercise all duties and | 6 | | responsibilities of the highway commissioner as provided in the | 7 | | Illinois Highway Code. For purposes of distribution of revenue, | 8 | | the new township shall assume the powers, duties, and | 9 | | obligations of the road district of the dissolving road | 10 | | district. The new township board may enter into a contract with | 11 | | the county, a municipality, or a private contractor
to | 12 | | administer the roads under the new road district. | 13 | | (c) When a township consolidates into an existing township, | 14 | | all the rights, powers, duties, assets, property, liabilities, | 15 | | obligations, and responsibilities of the abolished road | 16 | | districts shall vest in and be assumed by the existing | 17 | | township's road district as provided for in the resolutions | 18 | | adopted under Section 22-5. The consolidated township board of | 19 | | trustees shall exercise the taxing authority of a road district | 20 | | abolished under this Section. Highway commissioners of the | 21 | | abolished road districts shall cease to hold office on the date | 22 | | the road district is abolished. The consolidated township shall | 23 | | exercise all duties and responsibilities of the highway | 24 | | commissioner as provided in the Illinois Highway Code. For | 25 | | purposes of distribution of revenue, the existing township's | 26 | | road district or districts shall assume the powers, duties, and |
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| 1 | | obligations of the road district of the dissolving road | 2 | | district. | 3 | | (60 ILCS 1/Art. 23 heading new) | 4 | | ARTICLE 23. MERGER OF A SINGLE | 5 | | TOWNSHIP INTO TWO OTHER TOWNSHIPS | 6 | | (60 ILCS 1/23-5 new) | 7 | | Sec. 23-5. Definitions. As used in this Article: | 8 | | "Dissolving road district" means a road district in a | 9 | | dissolving township, which is dissolved under subsection (c) of | 10 | | Section 23-25. | 11 | | "Dissolving township" means a township which is proposed to | 12 | | be dissolved into and be merged with 2 other adjacent | 13 | | townships. | 14 | | "Equalized assessed value" has the meaning provided in | 15 | | Section 18-213 of the Property Tax Code. | 16 | | "Debt" means indebtedness incurred by a dissolving | 17 | | township including, but not limited to, mortgages, judgments, | 18 | | and moneys due through the issuance and sale of bonds, or | 19 | | through an equivalent manner of borrowing for which notes or | 20 | | other evidences of indebtedness are issued fixing the amount of | 21 | | principal and interest from time to time payable to retire the | 22 | | indebtedness. | 23 | | "Receiving township" means a township into which a portion | 24 | | of the dissolving township will be merged. |
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| 1 | | (60 ILCS 1/23-10 new) | 2 | | Sec. 23-10. Resolution for merger; notice. | 3 | | (a) Notwithstanding any other provision of law to the | 4 | | contrary, the township boards of any 3 adjacent townships may, | 5 | | by identical resolutions of each board, propose that a township | 6 | | which borders the other 2 townships be dissolved by referendum | 7 | | and all rights, powers, duties, assets, and property, together | 8 | | with all personnel, contractual obligations, other | 9 | | obligations, responsibilities, and liabilities of the | 10 | | dissolving township transferred to the receiving townships. | 11 | | Each resolution shall include, but is not limited to, the | 12 | | following: | 13 | | (1) a legal description of the former territory of the | 14 | | dissolving township each receiving township will take upon | 15 | | the dissolution of the dissolving township; | 16 | | (2) a description of how all assets and property, | 17 | | together with all personnel, contractual obligations, | 18 | | other obligations, responsibilities, and liabilities of | 19 | | the dissolving township will be transferred to the | 20 | | receiving townships; | 21 | | (3) the tax rates for general township purposes for the | 22 | | immediately preceding levy year, as extended and collected | 23 | | in the year in which the resolution is adopted, for the | 24 | | dissolving township and each receiving township; | 25 | | (4) a description and amount of all debt each receiving |
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| 1 | | township shall assume after the dissolving township | 2 | | dissolves. The debt shall be assumed by each receiving | 3 | | township in equal proportion to the equalized assessed | 4 | | value of the land and property that will be received by | 5 | | each receiving township from the dissolving township | 6 | | unless otherwise agreed to in the resolutions; | 7 | | (5) a description of how each road district or road | 8 | | districts of a dissolving township shall comply with | 9 | | subsection (c) of Section 23-25; and | 10 | | (6) the date of the general election at which the | 11 | | referendum shall be held. | 12 | | All resolutions shall be passed not less than 79 days | 13 | | before the general election stated in the resolutions. | 14 | | (b) Before passing a resolution under this Section, each | 15 | | township board shall hold a public hearing on those matters | 16 | | after notice of the hearing has been published in a newspaper | 17 | | having a general circulation in the townships affected. The | 18 | | notice shall be published at least 30 days before the date of | 19 | | the hearing. The notice shall contain, at a minimum, the name | 20 | | of the dissolving township and receiving townships and a | 21 | | description of the area each receiving township will receive | 22 | | from the dissolving township. | 23 | | (60 ILCS 1/23-15 new) | 24 | | Sec. 23-15. Referendum and notices. | 25 | | (a) Upon the adoption of resolutions under Section 23-10 by |
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| 1 | | all townships, the township boards shall certify the question | 2 | | to the election authority and the authority shall cause to be | 3 | | submitted to the voters of all townships at the general | 4 | | election specified in the resolutions a referendum to | 5 | | consolidate the townships. The referendum shall be | 6 | | substantially in the following form: | 7 | | Shall (name of dissolving township) be dissolved into | 8 | | (names of receiving townships)? | 9 | | The votes shall be recorded as "Yes" or "No". The | 10 | | referendum is approved when a majority of the voters, in each | 11 | | of the affected townships, approve the referendum. | 12 | | (b) Before a referendum appears on the ballot under | 13 | | subsection (a), the township boards shall publish a copy of the | 14 | | adopted resolution in a newspaper having a general circulation | 15 | | in each of the townships affected. The notice shall be | 16 | | published at least 30 days before the date of the general | 17 | | election. | 18 | | Each township board shall additionally mail a copy of the | 19 | | adopted resolution, along with a copy of the referendum | 20 | | language and a list of all taxes levied for general township | 21 | | purposes in the affected townships, to every registered voter | 22 | | in each township affected. The notice shall be mailed at least | 23 | | 30 days before the date of the general election in which the | 24 | | referendum will appear. | 25 | | (60 ILCS 1/23-20 new) |
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| 1 | | Sec. 23-20. Transition. | 2 | | (a) Notwithstanding any other provision of law to the | 3 | | contrary, upon the approval of a referendum under Section | 4 | | 23-15: | 5 | | (1) there shall be no further nominations or elections | 6 | | for clerks, assessors, collectors, highway commissioners, | 7 | | supervisors, or trustees of the dissolving township or | 8 | | highway commissions and the terms of all such officers | 9 | | currently serving shall continue until the third Monday of | 10 | | May of the year in which township officials are elected | 11 | | following the approval of a referendum under Section 23-15; | 12 | | (2) a Transition Township Board is formed for each | 13 | | receiving township. Each Transition Township Board shall | 14 | | be composed of the members of the dissolving township | 15 | | boards plus the members of the receiving township board. | 16 | | The Transition Township Board shall only have authority to | 17 | | do the following under paragraphs (3) and (4) of this | 18 | | Section: provide for the compensation for all receiving | 19 | | township officials that will be elected at the consolidated | 20 | | election next following the approval of a referendum under | 21 | | Section 23-15; and approving additional debt to be taken on | 22 | | by the dissolving township; | 23 | | (3) each Transition Township Board shall hold a public | 24 | | meeting no later than the first Tuesday in April before the | 25 | | receiving townships' boards of trustees are elected at the | 26 | | consolidated election next following the approval of a |
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| 1 | | referendum under Section 23-15. At this public meeting, the | 2 | | Transition Township Board shall provide for the | 3 | | compensation for all township officials that will be | 4 | | elected at the consolidated election. If the Board cannot | 5 | | agree on the compensation for an official, then the | 6 | | compensation for the same office between the receiving and | 7 | | dissolving townships shall be the lower compensation for | 8 | | the office in the dissolving township or receiving | 9 | | township; | 10 | | (4) the dissolving township shall not incur any | 11 | | additional debt without the approval of the Transition | 12 | | Township Board of each receiving township that would assume | 13 | | such debt after dissolution of the dissolving township; and | 14 | | (5) Section 3-7 of the Election Code shall govern those | 15 | | individuals entitled to caucus, vote for, be nominated for, | 16 | | and run for offices for the receiving townships at the | 17 | | consolidated election of township officials next following | 18 | | the approval of a referendum under Section 23-15. | 19 | | (b) Upon the approval of a referendum under Section 23-15, | 20 | | the receiving townships may enter into an intergovernmental | 21 | | agreement under the Intergovernmental Cooperation Act for any | 22 | | lawful purpose relating to the land or property contained in | 23 | | the dissolving township after the township is dissolved. | 24 | | (60 ILCS 1/23-25 new) | 25 | | Sec. 23-25. Merged township. On the third Monday of May of |
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| 1 | | the year in which township officials are elected following the | 2 | | approval of a referendum under Section 23-15, the following | 3 | | shall occur: | 4 | | (a) The dissolving township ceases. | 5 | | (b) All rights, powers, duties, assets, and property, | 6 | | together with all personnel, contractual obligations, | 7 | | other obligations, responsibilities, and liabilities of | 8 | | the dissolving township are transferred to the receiving | 9 | | townships as provided in the resolution adopted under | 10 | | Section 23-10. The rights include, but are not limited to, | 11 | | the authority to continue to collect and receive any tax | 12 | | levied prior to the creation of the merged townships | 13 | | without an additional ordinance, resolution, or | 14 | | referendum. | 15 | | (c) Road districts located within the dissolving | 16 | | township are abolished and all the rights, powers, duties, | 17 | | assets, property, liabilities, obligations, and | 18 | | responsibilities of the dissolving road districts shall | 19 | | vest in and be assumed by the receiving townships' road | 20 | | districts as provided for in the resolutions adopted under | 21 | | Section 23-10; the boards of trustees of the receiving | 22 | | townships shall exercise the taxing authority of a road | 23 | | district dissolved under this Section and shall exercise | 24 | | all duties and responsibilities of the highway | 25 | | commissioner as provided in the Illinois Highway Code | 26 | | unless a road district in the receiving township has a |
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| 1 | | highway commissioner who shall assume all duties and | 2 | | responsibilities of the highway commissioner of the | 3 | | dissolving road districts if so resolved by the receiving | 4 | | township board; highway commissioners of the dissolving | 5 | | road districts shall cease to hold office on the date the | 6 | | road district is abolished; and for purposes of | 7 | | distribution of revenue, the receiving townships' road | 8 | | districts, or the township board if no road districts | 9 | | exist, shall assume the powers, duties, and obligations of | 10 | | the dissolving road district.
| 11 | | (60 ILCS 1/25-15)
| 12 | | Sec. 25-15. Selection of county governing body; election | 13 | | Election of county commissioners . When township organization
| 14 | | ceases in any county as provided in this Article, the county | 15 | | board may by ordinance or resolution restructure into a | 16 | | commission form of government on or before 180 days after a | 17 | | township organization ceases. If the county board votes to | 18 | | assume a commission form of government, an election shall be | 19 | | held in
the county at the next general election in an | 20 | | even-numbered year for 3 county
commissioners who shall hold | 21 | | office for 2, 4, and 6 years, respectively, and
until their | 22 | | successors are elected and qualified. Terms shall be determined | 23 | | by
lot. At each succeeding general election after the first, | 24 | | one commissioner
shall be elected.
| 25 | | (Source: P.A. 82-783; 88-62.)
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| 1 | | (60 ILCS 1/25-25)
| 2 | | Sec. 25-25. Disposal of township records and property. When | 3 | | township
organization is discontinued in any county, the | 4 | | records of the several
townships shall be deposited in the | 5 | | county clerk's office. The county
board or board of county | 6 | | commissioners of the county may close up all unfinished | 7 | | business of the several
townships and sell or and dispose of | 8 | | any of the property belonging to a township
for the benefit of | 9 | | the inhabitants of the township, as fully as might have been
| 10 | | done by the townships themselves. The county board or board of | 11 | | county commissioners may pay all the
indebtedness of any | 12 | | township existing at the time of the discontinuance of
township | 13 | | organization and cause the amount of the indebtedness, or so | 14 | | much as
may be necessary, to be levied upon the property of the | 15 | | township.
| 16 | | (Source: P.A. 82-783; 88-62.)
| 17 | | (60 ILCS 1/Art. 29 heading new) | 18 | | ARTICLE 29. DISCONTINUANCE OF | 19 | | TOWNSHIP WITHIN COTERMINOUS | 20 | | MUNICIPALITY: ALL TOWNSHIPS | 21 | | (60 ILCS 1/29-5 new) | 22 | | Sec. 29-5. Resolutions to discontinue and abolish a | 23 | | township. The township board and the corporate authorities of a |
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| 1 | | coterminous, or substantially coterminous, municipality may by | 2 | | resolutions of the board and corporate authorities, and after | 3 | | referendum of the voters of the township and municipality: (1) | 4 | | discontinue and abolish the township; (2) transfer all the | 5 | | rights, powers, duties, assets, property, liabilities, | 6 | | obligations, and responsibilities of the township to the | 7 | | municipality; and (3) cease and dissolve all township road | 8 | | districts with the district's jurisdiction and authority | 9 | | transferred to the municipality upon the dissolution of the | 10 | | township. | 11 | | (60 ILCS 1/29-10 new) | 12 | | Sec. 29-10. Notice. | 13 | | (a) Before passing resolutions under Section 29-5, the | 14 | | township board and the corporate authorities of the | 15 | | municipality shall hold public hearings on those matters after | 16 | | notice of the hearing has been published in a newspaper having | 17 | | general circulation in the township and municipality. The | 18 | | notice shall be published at least 30 days before the date of | 19 | | the hearing. | 20 | | (b) Before a referendum is placed on the ballot under | 21 | | Section 29-15, each township board shall publish a copy of the | 22 | | resolution adopted under Section 29-5 in a newspaper of general | 23 | | circulation in the township and municipality affected. The | 24 | | notice shall be published at least 30 days before the date of | 25 | | the general election in which the referendum will appear. |
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| 1 | | Each township board shall additionally mail a copy of the | 2 | | adopted resolution, along with a copy of the referendum | 3 | | language, the date the referendum will appear, and a list of | 4 | | all taxes levied in the affected townships, to every registered | 5 | | voter in each township affected. The notice shall be mailed at | 6 | | least 30 days before the date of the election in which the | 7 | | referendum will appear. | 8 | | (60 ILCS 1/29-15 new) | 9 | | Sec. 29-15. Referendum for cessation of township. Upon the | 10 | | adoption of resolutions under Section 29-5 by both the township | 11 | | and municipality, the township board and corporate authorities | 12 | | of the municipality shall certify the question to the election | 13 | | authority and the authority shall cause to be submitted to the | 14 | | voters of the township and municipality at the next election a | 15 | | referendum to discontinue the township and to transfer all the | 16 | | rights, powers, duties, assets, property, liabilities, | 17 | | obligations, and responsibilities of the township to the | 18 | | municipality. The referendum shall be substantially in the | 19 | | following form: | 20 | | Shall the township of (name
of township) Township | 21 | | cease? | 22 | | The votes shall be recorded as "Yes" or "No". The | 23 | | referendum is approved when a majority of the voters, in both | 24 | | the township and municipality, approve the referendum. | 25 | | If the referendum is approved there shall be no further |
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| 1 | | nominations or elections for clerks, assessors, collectors, | 2 | | highway commissioners, supervisors, or trustees of the | 3 | | township or highway commission, and the terms of all such | 4 | | officers currently serving shall continue until the third | 5 | | Monday of May of the year of the consolidated election in which | 6 | | township officials are elected next following the approval of a | 7 | | referendum under this Section. | 8 | | (60 ILCS 1/29-20 new) | 9 | | Sec. 29-20. Cessation of township. On the third Monday in | 10 | | May in the year of the consolidated election in which township | 11 | | officials are elected next following the approval of a | 12 | | referendum under Section 29-15: | 13 | | (1) the township is discontinued and abolished and all | 14 | | the rights, powers, duties, assets, property, liabilities, | 15 | | obligations, and responsibilities of the township shall | 16 | | vest in and be assumed by the municipality, including the | 17 | | authority to levy property taxes for township purposes in | 18 | | the same manner as the dissolved township without an | 19 | | additional ordinance, resolution, or referendum; | 20 | | (2) all township officers shall cease to hold office; | 21 | | (3) the municipality shall exercise all duties and | 22 | | responsibilities of the township officers as provided in | 23 | | the Township Code, the Illinois Public Aid Code, the | 24 | | Property Tax Code, and the Illinois Highway Code, as | 25 | | applicable. The municipality may enter into an |
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| 1 | | intergovernmental agreement with the county or the State to | 2 | | administer the duties and responsibilities of the township | 3 | | officers for services under its jurisdiction; and | 4 | | (4) any road district located within the township is | 5 | | abolished and its jurisdiction, rights, powers, duties, | 6 | | assets, property, liabilities, obligations, and | 7 | | responsibilities shall vest in and be assumed by the | 8 | | municipality and the highway commissioner of the abolished | 9 | | road district shall cease to hold office. The corporate | 10 | | authorities of the municipality shall: exercise the taxing | 11 | | authority of a road district abolished under this Section; | 12 | | exercise all duties and responsibilities of the highway | 13 | | commissioner as provided in the Illinois Highway Code; and | 14 | | for purposes of distribution of revenue, assume the powers, | 15 | | duties, and obligations of the road district in the | 16 | | discontinued township. The corporate authorities of a | 17 | | municipality may enter into an intergovernmental agreement | 18 | | or a contract with the county, another municipality, or a | 19 | | private contractor to administer the roads which were under | 20 | | the jurisdiction of the abolished road district. | 21 | | (60 ILCS 1/29-25 new) | 22 | | Sec. 29-25. Business, records, and property of | 23 | | discontinued township. The records of a township discontinued | 24 | | under this Article shall be deposited in the municipality's | 25 | | city clerk's office. The municipality may close up all |
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| 1 | | unfinished business of the township and sell and dispose of any | 2 | | of the property belonging to the township for benefit of the | 3 | | inhabitants of the municipality.
| 4 | | (60 ILCS 1/65-20)
| 5 | | Sec. 65-20. Road district treasurer; new township; | 6 | | multi-township
officers. | 7 | | (a) Compensation of township officers shall be set by the | 8 | | township board
at least 180 days before the beginning of the | 9 | | terms of officers,
including compensation of the road district | 10 | | treasurer, which shall be not less
than $100 or more than | 11 | | $1,000 per year.
Compensation of a township assessor and | 12 | | collector shall be set at the same
time as the compensation of | 13 | | the township supervisor. Compensation of a
multi-township | 14 | | assessor shall be set at least 150 days before his or her
| 15 | | election.
| 16 | | (b) The compensation to be paid to each officer in a new | 17 | | township
established under Section 10-25 shall be determined | 18 | | under this Section by
the township board of the township the | 19 | | whole or a part of which
comprises the new township and that | 20 | | has the highest equalized assessed
valuation (as of December | 21 | | 31, 1972) of the old townships that comprise the new
township.
| 22 | | (c) At least 150 days before the
election of multi-township | 23 | | officers, the multi-township board may establish
additional | 24 | | pay of those board members for their services in an amount not | 25 | | to
exceed $25 per day for each day of services.
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| 1 | | (d) For the first term of a township consolidated or merged | 2 | | under Article 22 or 23, compensation for township officers of | 3 | | the consolidated or merged township shall be set by the | 4 | | Transition Township Board no later than the first day in April | 5 | | before the consolidated election at which the township officers | 6 | | are to be elected. | 7 | | (Source: P.A. 90-210, eff. 7-25-97.)
| 8 | | Section 20. The Illinois Highway Code is amended by | 9 | | changing Section 6-130 and by adding Section 6-130.5 as | 10 | | follows:
| 11 | | (605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
| 12 | | Sec. 6-130. Mandatory and permissive road district | 13 | | abolishment. | 14 | | (a) Notwithstanding any other provision of this Act to the | 15 | | contrary,
no
township road district may continue in existence | 16 | | if the roads forming a
part of the district do not exceed a | 17 | | total of 4 miles in length as determined by the county engineer | 18 | | or county superintendent of highways . For purposes of this | 19 | | Section, the roads forming a part of a township road district | 20 | | include those roads maintained by the district, regardless of | 21 | | whether or not those roads are owned by the township. On the
| 22 | | first Tuesday in April of 1975, or of any subsequent year next | 23 | | succeeding
the reduction of a township road system to a total | 24 | | mileage of 4 miles or
less, each such township road district |
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| 1 | | shall, by operation of law, be
abolished. The roads comprising | 2 | | that district at that time shall thereafter
be administered by | 3 | | the township board of trustees by contracting with the
county, | 4 | | a municipality or a private contractor. The township board of | 5 | | trustees
shall assume all taxing authority of a township road | 6 | | district abolished under
this Section.
| 7 | | (b) Notwithstanding any provision of law to the contrary, a | 8 | | township road district may be abolished as provided in Section | 9 | | 6-130.5 of this Act, if the roads forming part of the district | 10 | | are less than a total of 15 miles in length. | 11 | | (Source: P.A. 94-884, eff. 6-20-06.)
| 12 | | (605 ILCS 5/6-130.5 new) | 13 | | Sec. 6-130.5. Abolishing a road district with less than 15 | 14 | | miles of roads. | 15 | | (a) Any township may abolish a road district of that | 16 | | township if the roads of the district of that township are less | 17 | | than 15 miles in length, as determined by the county engineer | 18 | | or county superintendent of highways, by resolution of a | 19 | | majority of the board of trustees to submit a referendum to | 20 | | abolish the road district of that township. The referendum | 21 | | shall be submitted to the electors of that township at the next | 22 | | general election or consolidated election in accordance with | 23 | | the general election law. The ballot shall be in substantially | 24 | | the following form: | |
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| 1 | | Shall the Road District of the Township of | | | |
2 | | ........... be abolished with all the rights, | YES | | |
3 | | powers, duties, assets, property, liabilities, | |
4 | | obligations, and responsibilities being assumed | -------- | | |
5 | | by the Township of ........... ? | NO | | |
6 | | -------- | |
| 7 | | (b) If a majority of the electors voting on the referendum | 8 | | under subsection (a) of this Section are in favor of abolishing | 9 | | the township road district, then the road district is abolished | 10 | | on the January 1 following the approval of the resolution or | 11 | | referendum. | 12 | | On the date of abolishment: all the rights, powers, duties, | 13 | | assets, property, liabilities, obligations, and | 14 | | responsibilities of the road district shall by operation of law | 15 | | vest in and be assumed by the township; the township board of | 16 | | trustees shall assume all taxing authority of a road district | 17 | | abolished under this Section; any highway commissioner of the | 18 | | abolished road district shall cease to hold office; the | 19 | | township shall exercise all duties and responsibilities of the | 20 | | highway commissioner as provided in the Illinois Highway Code; | 21 | | and for purposes of distribution of revenue, the township shall | 22 | | assume the powers, duties, and obligations of the road | 23 | | district. The township board of trustees may enter into a | 24 | | contract with the county, a municipality, or a private | 25 | | contractor to administer the roads added to its jurisdiction | 26 | | under this Section. |
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| 1 | | Section 99. Effective date. This Act takes effect on | 2 | | January 1, 2018.".
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