Full Text of SB0773 100th General Assembly
SB0773sam001 100TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/8/2017
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| 1 | | AMENDMENT TO SENATE BILL 773
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 773 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-44010 as follows: | 6 | | (55 ILCS 5/5-44010) | 7 | | Sec. 5-44010. Applicability. The powers and authorities | 8 | | provided by this Division 5-44 apply to all counties to DuPage, | 9 | | Lake, and McHenry Counties and units of local government within | 10 | | such counties.
| 11 | | (Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.)
| 12 | | Section 10. The Township Code is amended by changing | 13 | | Section 10-25 as follows:
| 14 | | (60 ILCS 1/10-25)
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| 1 | | Sec. 10-25. Plan for changes in townships.
| 2 | | (a) The county board of each county may, subject to a | 3 | | referendum in the
townships affected as provided in this | 4 | | Section, adopt a plan for altering the
boundaries of townships, | 5 | | changing township lines, dividing, enlarging, or
consolidating | 6 | | townships, or creating new townships, so that each township | 7 | | shall
possess an equalized assessed valuation of not less than | 8 | | $10,000,000 as of the
1982 assessment year or an area of not | 9 | | more than 126 square miles .
| 10 | | (b) No alteration or change in boundaries shall be | 11 | | effective unless
approved by a referendum in each township | 12 | | affected. The election authority
shall submit to the voters of | 13 | | each township affected, at a regular
election to be held not | 14 | | less than 60 days after the plan is adopted,
the question of | 15 | | approving the alteration or change. The alterations or changes,
| 16 | | if approved by the voters, shall take effect on the date of the | 17 | | next township
election and shall be applicable to that | 18 | | election. If there is doubt as to the
township clerk with whom | 19 | | nomination papers for that election should be filed,
the county | 20 | | board shall designate the clerk. In the alteration of | 21 | | boundaries, a
county board may not disturb urban or coterminous | 22 | | townships in existence on
October 1, 1978.
| 23 | | (Source: P.A. 84-1308; 88-62.)
| 24 | | Section 15. The Illinois Highway Code is amended by | 25 | | changing Section 6-130 and by adding Section 6-130.5 as |
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| 1 | | follows:
| 2 | | (605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
| 3 | | Sec. 6-130. Mandatory and permissive road district | 4 | | abolishment. | 5 | | (a) Notwithstanding any other provision of this Act to the | 6 | | contrary,
no
township road district may continue in existence | 7 | | if the roads forming a
part of the district do not exceed a | 8 | | total of 4 miles in length as determined by the county engineer | 9 | | or county superintendent of highways . For purposes of this | 10 | | Section, the roads forming a part of a township road district | 11 | | include those roads maintained by the district, regardless of | 12 | | whether or not those roads are owned by the township. On the
| 13 | | first Tuesday in April of 1975, or of any subsequent year next | 14 | | succeeding
the reduction of a township road system to a total | 15 | | mileage of 4 miles or
less, each such township road district | 16 | | shall, by operation of law, be
abolished. The roads comprising | 17 | | that district at that time shall thereafter
be administered by | 18 | | the township board of trustees by contracting with the
county, | 19 | | a municipality or a private contractor. The township board of | 20 | | trustees
shall assume all taxing authority of a township road | 21 | | district abolished under
this Section.
| 22 | | (b) Notwithstanding any provision of law to the contrary, a | 23 | | township road district may be abolished as provided in Section | 24 | | 6-130.5 of this Act, if the roads forming part of the district | 25 | | are less than a total of 15 miles in length. |
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| 1 | | (Source: P.A. 94-884, eff. 6-20-06.)
| 2 | | (605 ILCS 5/6-130.5 new) | 3 | | Sec. 6-130.5. Abolishing a road district with less than 15 | 4 | | miles of roads. | 5 | | (a) Any township may abolish a road district of that | 6 | | township if the roads of the district of that township are less | 7 | | than 15 miles in length, as determined by the county engineer | 8 | | or county superintendent of highways, by resolution of a | 9 | | majority of the board of trustees to submit a referendum to | 10 | | abolish the road district of that township. The referendum | 11 | | shall be submitted to the electors of that township at the next | 12 | | general election or consolidated election in accordance with | 13 | | the general election law. The ballot shall be in substantially | 14 | | the following form: | |
15 | | -------- | | |
16 | | Shall the Road District of the Township of | | | |
17 | | ........... be abolished with all the rights, | YES | | |
18 | | powers, duties, assets, property, liabilities, | |
19 | | obligations, and responsibilities being assumed | -------- | | |
20 | | by the Township of ........... ? | NO | | |
21 | | -------- | |
| 22 | | (b) If a majority of the electors voting on the referendum | 23 | | under subsection (a) of this Section are in favor of abolishing | 24 | | the township road district, then the road district is abolished | 25 | | on the January 1 following the approval of the resolution or |
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| 1 | | referendum. | 2 | | On the date of abolishment: all the rights, powers, duties, | 3 | | assets, property, liabilities, obligations, and | 4 | | responsibilities of the road district shall by operation of law | 5 | | vest in and be assumed by the township; the township board of | 6 | | trustees shall assume all taxing authority of a road district | 7 | | abolished under this Section; any highway commissioner of the | 8 | | abolished road district shall cease to hold office; the | 9 | | township shall exercise all duties and responsibilities of the | 10 | | highway commissioner as provided in the Illinois Highway Code; | 11 | | and for purposes of distribution of revenue, the township shall | 12 | | assume the powers, duties, and obligations of the road | 13 | | district. The township board of trustees may enter into a | 14 | | contract with the county, a municipality, or a private | 15 | | contractor to administer the roads added to its jurisdiction | 16 | | under this Section. | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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