Full Text of SB1033 100th General Assembly
SB1033sam001 100TH GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 5/19/2017
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| 1 | | AMENDMENT TO SENATE BILL 1033
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1033 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Citizens Empowerment Act. | 6 | | Section 5. Scope. The method of dissolution of a unit of | 7 | | local government under this Act shall be in addition to any | 8 | | other method of dissolving a unit of local government provided | 9 | | by law or otherwise. | 10 | | Section 10. Definitions. As used in this Act: | 11 | | "Dissolving unit of local government" means the unit of | 12 | | local government proposed to be dissolved by referendum under | 13 | | this Act.
| 14 | | "Electors" means the registered voters of the dissolving | 15 | | unit of local government and the registered voters of the |
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| 1 | | receiving unit of local government.
| 2 | | "Receiving unit of local government" means the unit of | 3 | | local government receiving the rights, duties, and liabilities | 4 | | of the unit of local government proposed be dissolved by | 5 | | referendum under this Act. | 6 | | "Special district" means any political subdivision other | 7 | | than a county, municipality, or township. "Special district" | 8 | | includes school districts. | 9 | | "Unit of local government" has the same meaning as found in | 10 | | Section 1 of Article VII of the Illinois Constitution and also | 11 | | include school districts.
| 12 | | Section 15. Petition requirements; notice.
| 13 | | (a) Subject to the petition requirements of Section 28-3 of | 14 | | the Election Code and the dissolution limitations of Section | 15 | | 35, petitions for a referendum to dissolve any unit of local | 16 | | government must be filed both with the governing board of the | 17 | | dissolving unit of local governmental and the governing board | 18 | | of the receiving unit of local government not less than 122 | 19 | | days prior to a general election. Petitions must include:
| 20 | | (1) the dissolving unit of local government;
| 21 | | (2) the receiving unit of local government;
| 22 | | (3) the date of dissolution;
| 23 | | (4) signatures of a number of electors equal to or | 24 | | greater than 5% of the total votes cast in the preceding | 25 | | general election; and
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| 1 | | (5) an affidavit of publication, attesting that notice | 2 | | of the petition to dissolve a local unit of government was | 3 | | published in a newspaper of general circulation within the | 4 | | territory of the dissolving unit of local government and | 5 | | the receiving unit of local government at least 122 days | 6 | | and no more than 152 days prior to the general election at | 7 | | which the referendum is to be voted upon.
| 8 | | All signatures gathered under paragraph (4) of this | 9 | | subsection (a) must be signed within 365 days prior to the | 10 | | filing of a petition. A unit of local government may, by | 11 | | ordinance or resolution, limit the time in which signatures | 12 | | must be signed to less than 365 days prior to the filing of the | 13 | | petition but no less than 180 days before the filing of a | 14 | | petition. If either the dissolving unit of local government or | 15 | | receiving unit of local government has such an ordinance or | 16 | | resolution, the petition shall not be placed on the ballot if | 17 | | any signatures do not meet the requirements of any ordinance or | 18 | | resolution. | 19 | | (b) The proposed date of dissolution shall be at least 90 | 20 | | days after the date of the election at which the referendum is | 21 | | to be voted upon.
| 22 | | (c) The parties filing a petition under this Section shall | 23 | | give notice in substantially the following form: | 24 | | NOTICE OF PETITION TO DISSOLVE [dissolving unit of local | 25 | | government].
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| 1 | | Residents of [dissolving unit of local government] and | 2 | | [receiving unit of local government] are notified that a | 3 | | petition will be filed with [dissolving unit of local | 4 | | government] and [receiving unit of local government] | 5 | | requesting a referendum to dissolve [dissolving unit of | 6 | | local government] on [date of dissolution] with all real | 7 | | and personal property, and any other assets, together with | 8 | | all personnel, contractual obligations, and liabilities | 9 | | being transferred to [receiving unit of local government].
| 10 | | Section 20. Ballot placement. A petition that meets the | 11 | | requirements of Section 15 shall be placed on the ballot in the | 12 | | form provided for in Section 25 at the general election next | 13 | | following. Failure to publish the required notice of petition | 14 | | shall render the petition, and the results of any referendum | 15 | | held on the petition, null and void. | 16 | | Section 25. Referendum; voting. | 17 | | (a) Subject to the requirements of Section 16-7 of the | 18 | | Election Code, the referendum described in Section 20 shall be | 19 | | in substantially the following form on the ballot: | 20 | | -----------
| 21 | | Shall the [dissolving
| 22 | | unit of local government] be
| 23 | | dissolved on [date of dissolution] YES
| 24 | | with all of its property,
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| 1 | | assets, personnel, obligations, and -------------------------
| 2 | | liabilities being transferred to
| 3 | | [receiving unit of local government]? NO
| 4 | | ------------------------------------------------------------- | 5 | | (b) The referendum is approved when:
| 6 | | (1) three-fifths of the electors of the dissolving unit | 7 | | of local government approve the referendum; and
| 8 | | (2) three-fifths of the electors of the receiving unit | 9 | | of local government approve the referendum.
| 10 | | Section 30. Dissolution; transfer of rights and duties. | 11 | | When the dissolution of a unit of local government has been | 12 | | approved under Section 25:
| 13 | | (1) On or before the date of dissolution, all real and | 14 | | personal property, and any other assets, together with all | 15 | | personnel, contractual obligations, and liabilities of the | 16 | | dissolving unit of local government shall be transferred to | 17 | | the receiving unit of local government.
| 18 | | (2) On the date of dissolution, the dissolving unit of | 19 | | local government is dissolved.
| 20 | | (3) On and after the date of dissolution, all rights | 21 | | and duties of the dissolved unit of local government, | 22 | | including, but not limited to, the authority to tax (if | 23 | | any), may be exercised by the governing board of the | 24 | | receiving unit of local government. |
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| 1 | | Section 35. Limitations on dissolution. | 2 | | (a) A special district may only dissolve into another | 3 | | special district under this Act if: (1) the special districts | 4 | | are contiguous; and (2) the special districts are organized | 5 | | under the same statutory authority. However, public library | 6 | | districts organized under the Illinois Local Library Act or the | 7 | | Public Library District Act of 1991 that are completely within | 8 | | a school district may be dissolved into that school district. | 9 | | This subsection (a) does not apply when a county, municipality, | 10 | | or township dissolves all units of local government within the | 11 | | county. | 12 | | (b) A county, municipality, or township may not be | 13 | | dissolved into a special district. | 14 | | (c) Special districts may only be dissolved into a county | 15 | | or township if the special district is completely within the | 16 | | borders of that county or township. | 17 | | (d) Special districts may be dissolved into a municipality | 18 | | as long as the special district is at least partially within, | 19 | | or contiguous to, the municipality's borders.
| 20 | | Section 905. The Election Code is amended by adding Section | 21 | | 3-7 and by changing Sections 28-1 and 28-7 as follows: | 22 | | (10 ILCS 5/3-7 new) | 23 | | Sec. 3-7. Voters in consolidating and merging townships. | 24 | | (a) In the consolidated election where township trustees |
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| 1 | | are elected next following the certification of a successful | 2 | | referendum to consolidate townships under Article 22 of the | 3 | | Township Code, the qualified electors entitled to caucus, vote | 4 | | for, be nominated for, and run for offices in the consolidated | 5 | | township that is to be formed are those registered voters | 6 | | residing in any of the townships identified in the referendum | 7 | | as they exist prior to consolidation. | 8 | | (b) In the consolidated election where township trustees | 9 | | are elected next following the certification of a successful | 10 | | referendum to dissolve a township and merge its territory into | 11 | | 2 adjacent townships under Article 23 of the Township Code, the | 12 | | qualified electors entitled to caucus, vote for, be nominated | 13 | | for, and run for offices in a receiving township shall also | 14 | | include those registered voters residing in the territory of | 15 | | the dissolving township described in the resolutions adopted | 16 | | under Section 23-10 of the Township Code as the territory to be | 17 | | merged with the receiving township. For purposes of this | 18 | | subsection (b) only, "dissolving township" and "receiving | 19 | | township" have the meaning provided in Section 23-5 of the | 20 | | Township Code.
| 21 | | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
| 22 | | Sec. 28-1.
The initiation and submission of all public | 23 | | questions to
be voted upon by the electors of the State or of | 24 | | any political
subdivision or district or precinct or | 25 | | combination of precincts shall be
subject to the provisions of |
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| 1 | | this Article.
| 2 | | Questions of public policy which have any legal effect | 3 | | shall be
submitted to referendum only as authorized by a | 4 | | statute which so
provides or by the Constitution. Advisory | 5 | | questions of public policy
shall be submitted to referendum | 6 | | pursuant to Section 28-5 or pursuant to
a statute which so | 7 | | provides.
| 8 | | The method of initiating the submission of a public | 9 | | question shall be
as provided by the statute authorizing such | 10 | | public question, or as
provided by the Constitution.
| 11 | | All public questions shall be initiated, submitted and | 12 | | printed on the
ballot in the form required by Section 16-7 of | 13 | | this Act, except as may
otherwise be specified in the statute | 14 | | authorizing a public question.
| 15 | | Whenever a statute provides for the initiation of a public | 16 | | question
by a petition of electors, the provisions of such | 17 | | statute shall govern
with respect to the number of signatures | 18 | | required, the qualifications of
persons entitled to sign the | 19 | | petition, the contents of the petition, the
officer with whom | 20 | | the petition must be filed, and the form of the
question to be | 21 | | submitted. If such statute does not specify any of the
| 22 | | foregoing petition requirements, the corresponding petition | 23 | | requirements
of Section 28-6 shall govern such petition.
| 24 | | Irrespective of the method of initiation, not more than 3 | 25 | | public
questions other than (a) back door referenda, (b) | 26 | | referenda to
determine whether a disconnection may take place |
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| 1 | | where a city coterminous
with a township is proposing to annex | 2 | | territory from an adjacent township, (c) referenda held under | 3 | | the provisions of the Property Tax Extension
Limitation Law in | 4 | | the Property Tax Code, or (d) referenda held under
Section | 5 | | 2-3002 of the Counties Code , or (e) referenda held under | 6 | | Article 22, 23, or 29 of the Township Code may be submitted to
| 7 | | referendum with respect to a political
subdivision at the same | 8 | | election.
| 9 | | If more than 3 propositions are timely initiated or | 10 | | certified for
submission at an election with respect to a | 11 | | political subdivision, the
first 3 validly initiated, by the | 12 | | filing of a petition or by the
adoption of a resolution or | 13 | | ordinance of a political subdivision, as the
case may be, shall | 14 | | be printed on the ballot and submitted at that
election. | 15 | | However, except as expressly authorized by law not more than
| 16 | | one proposition to change the form of government of a | 17 | | municipality
pursuant to Article VII of the Constitution may be | 18 | | submitted at an
election. If more than one such proposition is | 19 | | timely initiated or
certified for submission at an election | 20 | | with respect to a municipality,
the first validly initiated | 21 | | shall be the one printed on the ballot and
submitted at that | 22 | | election.
| 23 | | No public question shall be submitted to the voters of a | 24 | | political
subdivision at any regularly scheduled election at | 25 | | which such voters are
not scheduled to cast votes for any | 26 | | candidates for nomination for, election
to or retention in |
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| 1 | | public office, except that if, in any existing or proposed
| 2 | | political subdivision in which the submission of a public | 3 | | question at a
regularly scheduled election is desired, the | 4 | | voters of only a portion of
such existing or proposed political | 5 | | subdivision are not scheduled to cast votes
for nomination for, | 6 | | election to or retention in public office at such election,
but | 7 | | the voters in one or more other portions of such existing or | 8 | | proposed
political subdivision are scheduled to cast votes for | 9 | | nomination for, election
to or retention in public office at | 10 | | such election, the public question shall be
voted upon by all | 11 | | the qualified voters of the entire existing or proposed
| 12 | | political subdivision at the election.
| 13 | | Not more than 3 advisory public questions may be submitted | 14 | | to the
voters of the entire state at a general election. If | 15 | | more than 3 such advisory
propositions are initiated, the first | 16 | | 3 timely and validly initiated
shall be the questions printed | 17 | | on the ballot and submitted at that
election; provided however, | 18 | | that a question for a proposed amendment to
Article IV of the | 19 | | Constitution pursuant to Section 3, Article XIV of the
| 20 | | Constitution, or for a question submitted under the Property | 21 | | Tax Cap
Referendum Law, shall not be included in the foregoing | 22 | | limitation.
| 23 | | (Source: P.A. 93-308, eff. 7-23-03.)
| 24 | | (10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
| 25 | | Sec. 28-7.
Except as provided in the Citizens Empowerment |
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| 1 | | Act, in In any case in which Article VII or paragraph (a) of | 2 | | Section 5 of
the
Transition Schedule of the Constitution | 3 | | authorizes any action to be
taken by or with respect to any | 4 | | unit of local government, as defined in
Section 1 of Article | 5 | | VII of the Constitution, by or subject to approval
by | 6 | | referendum, any such public question shall be initiated in
| 7 | | accordance with this Section.
| 8 | | Any such public question may be initiated by the governing | 9 | | body of the
unit of local government by resolution or by the | 10 | | filing with the clerk or
secretary of the
governmental unit of | 11 | | a petition signed by a number of qualified electors
equal to or | 12 | | greater than at least 8% of the total votes cast for candidates | 13 | | for Governor in the preceding gubernatorial election, | 14 | | requesting the submission of the proposal
for such action to | 15 | | the voters
of the governmental unit at a regular election.
| 16 | | If the action to be taken requires a referendum involving 2 | 17 | | or more
units of local government, the proposal shall be | 18 | | submitted to the voters
of such governmental units by the | 19 | | election authorities with jurisdiction
over the territory of | 20 | | the governmental units. Such multi-unit proposals
may be | 21 | | initiated by appropriate
resolutions by the respective | 22 | | governing bodies or by
petitions of the voters of the several | 23 | | governmental units filed with the
respective clerks or | 24 | | secretaries.
| 25 | | This Section is intended to provide a method of submission | 26 | | to
referendum in all cases of proposals for actions which are |
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| 1 | | authorized by
Article VII of the Constitution by or subject to | 2 | | approval by referendum
and supersedes any conflicting | 3 | | statutory provisions except those
contained in Division 2-5 of | 4 | | the Counties Code or the Citizens Empowerment Act the "County | 5 | | Executive
Act" .
| 6 | | Referenda provided for in this Section may not be held more | 7 | | than once
in any 23-month period on the same proposition, | 8 | | provided that in any
municipality a referendum to elect not to | 9 | | be a home rule unit may be held
only once within
any 47-month | 10 | | period.
| 11 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 12 | | Section 910. The Counties Code is amended by changing the | 13 | | heading of Division 2-4, and by changing Sections 2-4006, | 14 | | 5-44010, 5-44020, and by adding Section 5-44043 as follows:
| 15 | | (55 ILCS 5/Div. 2-4 heading) | 16 | | Division 2-4. Counties not under | 17 | | Township Organization
| 18 | | Organized as a Commission | 19 | | Form of Government
| 20 | | (55 ILCS 5/2-4006)
| 21 | | Sec. 2-4006. Terms of commissioners.
| 22 | | (a) In every county not under
township organization that is | 23 | | organized as a commission form of government having 3 |
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| 1 | | commissioners elected at large as described in
subsection (b) | 2 | | or (c), the commissioners shall be elected as provided in this
| 3 | | Section.
| 4 | | (b) In a county in which one commissioner was elected at | 5 | | the general
election in 1992 to serve for a term of 4 years and | 6 | | in which 2 commissioners
will be elected at the general | 7 | | election in 1994, the commissioner elected in
1994 and | 8 | | receiving the greatest number of votes shall serve for a term | 9 | | of 6
years. The other commissioner elected in 1994 shall serve | 10 | | for a term of 4
years. At the general election in 1996 and at | 11 | | each general election
thereafter, one commissioner shall be | 12 | | elected to serve for a term of 6 years.
| 13 | | (c) In a county in which 2 commissioners were elected at | 14 | | the general
election in 1992 to serve for terms of 4 years and | 15 | | in which one commissioner
will be elected at the general | 16 | | election in 1994, the commissioner elected in
1994 shall serve | 17 | | for a term of 4 years. The commissioner elected in 1996 and
| 18 | | receiving the greatest number of votes shall serve for a term | 19 | | of 6 years. The
other commissioner elected in 1996 shall serve | 20 | | for a term of 4 years. At the
general election in 1998 and at | 21 | | each general election thereafter, one
commissioner shall be | 22 | | elected to serve for a term of 6 years. | 23 | | (c-5) In Calhoun County, Edwards County, and Union County, | 24 | | the registered voters of the county may, upon referendum
| 25 | | initiated by (i) the adoption of a resolution of the
board of | 26 | | county commissioners or (ii) a petition signed by not less than |
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| 1 | | 10% of the registered voters in the county, determine that the | 2 | | board of
county commissioners shall consist of 5
commissioners | 3 | | elected at large. The commissioners must certify
the question | 4 | | to the proper election authority, which must
submit the | 5 | | question at an election in accordance with the
general election | 6 | | law. | 7 | | The question shall be submitted in substantially the
| 8 | | following form: | 9 | | "Shall the board of county commissioners of (county) | 10 | | consist of 5 commissioners elected at large?" | 11 | | Votes must be recorded as "Yes" or "No". If a majority of | 12 | | the electors voting on the question vote in the affirmative, | 13 | | then a 5-member board of county commissioners shall be | 14 | | established beginning with the next general election. The | 15 | | County Clerk, in consultation with the State's Attorney for the | 16 | | county, shall develop and present to the board of county | 17 | | commissioners, to implement by the adoption of a resolution, | 18 | | the transition of terms for the current 3-member board of | 19 | | commissioners and the addition of 2 commissioners for 6-year | 20 | | terms. Thereafter, commissioners shall be elected at each | 21 | | general election to fill expired terms.
| 22 | | (d) The provisions of this Section do not apply to | 23 | | commissioners elected
under Section 2-4006.5 of this Code.
| 24 | | (Source: P.A. 96-175, eff. 8-10-09.)
| 25 | | (55 ILCS 5/5-44010) |
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| 1 | | Sec. 5-44010. Applicability. The powers and authorities | 2 | | provided by this Division 5-44 apply to all counties DuPage, | 3 | | Lake, and McHenry Counties and units of local government within | 4 | | such counties.
| 5 | | (Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.) | 6 | | (55 ILCS 5/5-44020) | 7 | | Sec. 5-44020. Definitions. In this Division 5-44: | 8 | | "Fire protection jurisdiction" means a fire protection | 9 | | district, municipal fire department, or service organized | 10 | | under Section 5-1056.1 of the Counties Code, Sections 195 and | 11 | | 200 of the Township Code, Section 10-2.1 of the Illinois | 12 | | Municipal Code, or the Illinois Fire Protection District Act. | 13 | | "Governing board" means the individual or individuals who | 14 | | constitute the
corporate authorities of a unit of local | 15 | | government. | 16 | | "Unit of local government" or "unit" means any unit of | 17 | | local government located entirely within one county, to which | 18 | | the county board chairman or county executive directly appoints | 19 | | a majority of its governing board with the advice and consent | 20 | | of the county board, but shall not include a fire protection | 21 | | district that directly employs any regular full-time | 22 | | employees, a conservation district organized under the | 23 | | Conservation District Act, or a special district organized | 24 | | under the Water Commission Act of 1985 , a community mental | 25 | | health board established under the Community Mental Health |
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| 1 | | Board Act, or a board established under the County Care for | 2 | | Persons with Developmental Disabilities Act .
| 3 | | (Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14; | 4 | | 99-709, eff. 8-5-16.) | 5 | | (55 ILCS 5/5-44043 new) | 6 | | Sec. 5-44043. Rights and obligations of employees. | 7 | | (a) The status and rights of employees represented by an | 8 | | exclusive bargaining representative shall not be affected by | 9 | | the dissolution of a unit of local government under this | 10 | | Division, except that this subsection does not apply in DuPage, | 11 | | Lake, and McHenry Counties for actions taken before the | 12 | | effective date of this amendatory Act of the 100th General | 13 | | Assembly. | 14 | | (b) Obligations of the dissolving unit of local government | 15 | | assumed by the trustee-in-dissolution, county, or governing | 16 | | body of a special service area include the obligation to honor | 17 | | representation rights under the Illinois Public Labor | 18 | | Relations Act and any collective bargaining agreements | 19 | | existing on the date of dissolution of the unit of local | 20 | | government. | 21 | | (c) The rights of employees under any pensions, retirement | 22 | | plans, or annuity plans existing on the date of dissolution of | 23 | | the unit of local government are not affected by the | 24 | | dissolution of a unit of local government under this Division.
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| 1 | | Section 915. The Township Code is amended by adding | 2 | | Articles 22, 23, and 29 and by changing Sections 10-25, 25-15, | 3 | | 25-25, and 65-20 as follows:
| 4 | | (60 ILCS 1/10-25)
| 5 | | Sec. 10-25. Plan for changes in townships.
| 6 | | (a) The county board of each county may, subject to a | 7 | | referendum in the
townships affected as provided in this | 8 | | Section, adopt a plan for altering the
boundaries of townships, | 9 | | changing township lines, dividing, enlarging, or
consolidating | 10 | | townships, or creating new townships, so that each township | 11 | | shall
possess an equalized assessed valuation of not less than | 12 | | $10,000,000 as of the
1982 assessment year or an area of not | 13 | | more than 126 square miles .
| 14 | | (b) No alteration or change in boundaries shall be | 15 | | effective unless
approved by a referendum in each township | 16 | | affected. The election authority
shall submit to the voters of | 17 | | each township affected, at a regular
election to be held not | 18 | | less than 60 days after the plan is adopted,
the question of | 19 | | approving the alteration or change. The alterations or changes,
| 20 | | if approved by the voters, shall take effect on the date of the | 21 | | next township
election and shall be applicable to that | 22 | | election. If there is doubt as to the
township clerk with whom | 23 | | nomination papers for that election should be filed,
the county | 24 | | board shall designate the clerk. In the alteration of | 25 | | boundaries, a
county board may not disturb urban or coterminous |
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| 1 | | townships in existence on
October 1, 1978.
| 2 | | (Source: P.A. 84-1308; 88-62.)
| 3 | | (60 ILCS 1/Art. 22 heading new) | 4 | | ARTICLE 22. CONSOLIDATION OF | 5 | | MULTIPLE TOWNSHIPS | 6 | | (60 ILCS 1/22-5 new) | 7 | | Sec. 22-5. Resolution for consolidation; notice. | 8 | | (a) Notwithstanding any other provision of law to the | 9 | | contrary, the township boards of any 2 or more adjacent | 10 | | townships may, by identical resolutions of each board, propose | 11 | | consolidation by referendum: (i) into a new township; or (ii) | 12 | | into an existing township. Each resolution shall include, but | 13 | | is not limited to, the following: | 14 | | (1) the name of the proposed new consolidated township | 15 | | or the name of the existing township into which all | 16 | | townships will be consolidated; | 17 | | (2) a description of how each road district or road | 18 | | districts of a dissolving township shall comply with | 19 | | subsection (c) of Section 22-20 if a township will be | 20 | | consolidating into an existing township; | 21 | | (3) the names of all townships that will be | 22 | | consolidating and a description of the area of | 23 | | consolidation; and | 24 | | (4) the date of the general election at which the |
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| 1 | | referendum shall be held. | 2 | | All resolutions shall be passed not less than 79 days | 3 | | before the general election stated in the resolutions. For | 4 | | purposes of this Section, 3 or more townships are adjacent when | 5 | | each township shares a boundary with at least one of the other | 6 | | townships which are to be consolidated. | 7 | | (b) Before passing a resolution under subsection (a), each | 8 | | township board shall hold a public hearing on those matters | 9 | | after notice of the hearing has been published in a newspaper | 10 | | having a general circulation in the townships affected. The | 11 | | notice shall be published at least 30 days before the date of | 12 | | the hearing. The notice shall contain, at a minimum, the name | 13 | | of all townships that will be consolidating and a description | 14 | | of the area of consolidation. | 15 | | (60 ILCS 1/22-10 new) | 16 | | Sec. 22-10. Referendum. | 17 | | (a) Upon the adoption of resolutions under Section 22-5 by | 18 | | each township, the township boards shall certify the question | 19 | | to the election authority and the authority shall cause to be | 20 | | submitted to the voters of each township at the general | 21 | | election specified in the resolutions a referendum to | 22 | | consolidate the townships. The referendum shall be | 23 | | substantially in the following form: | 24 | | Shall (names of townships) be consolidated into [a new | 25 | | township called (name of proposed consolidated |
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| 1 | | township)/the township of (name of existing township)]? | 2 | | The votes shall be recorded as "Yes" or "No". The | 3 | | referendum is approved when a majority of the voters, in each | 4 | | of the affected townships, approve the referendum. | 5 | | (b) Before a referendum appears on the ballot under | 6 | | subsection (a), each township board shall publish a copy of the | 7 | | adopted resolution in a newspaper having a general circulation | 8 | | in each of the townships affected. The notice shall be | 9 | | published at least 30 days before the date of the general | 10 | | election in which the referendum will appear. | 11 | | Each township board shall additionally mail a copy of the | 12 | | adopted resolution, along with a copy of the referendum | 13 | | language and a list of all taxes levied for general township | 14 | | purposes in the affected townships, to every registered voter | 15 | | in each township affected. The notice shall be mailed at least | 16 | | 30 days before the date of the general election in which the | 17 | | referendum will appear. | 18 | | (c) Notwithstanding any provision of law to the contrary, | 19 | | no tax rate may be extended for any fund of the consolidated | 20 | | district for the first levy year of the consolidated district | 21 | | that exceeds any statutory maximum set forth for that fund, | 22 | | unless the referendum also conforms to the requirements of the | 23 | | Property Tax Extension Limitation Law or other statutory | 24 | | provision setting forth that limitation. | 25 | | (60 ILCS 1/22-15 new) |
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| 1 | | Sec. 22-15. Transition. Notwithstanding any other | 2 | | provision of law to the contrary, upon the approval of a | 3 | | referendum under Section 22-10: | 4 | | (a) There shall be no further nominations or elections for | 5 | | clerks, assessors, collectors, highway commissioners, | 6 | | supervisors, or trustees of any of the separate townships or | 7 | | highway commissions, and the terms of all such officers | 8 | | currently serving shall continue until the third Monday of May | 9 | | of the year in which township officials are elected next | 10 | | following the approval of a referendum under Section 22-10. | 11 | | (b) A Transition Township Board is formed and is composed | 12 | | of the members of the separate townships boards. The Transition | 13 | | Township Board shall have only the following powers: (1) to | 14 | | propose and approve the compensation of all officials of the | 15 | | consolidated township that will be elected at the consolidated | 16 | | election next following the passage of the referendum under | 17 | | Section 22-10; and (2) to propose and approve additional debt | 18 | | to be taken on by any of the separate townships. | 19 | | (c) The Transition Township Board shall hold a public | 20 | | hearing no later than the last Tuesday in December before the | 21 | | consolidated township board of trustees are elected next | 22 | | following the approval of a referendum under Section 22-10. If | 23 | | the Board cannot agree on the compensation for an official by | 24 | | the first Tuesday in April before the consolidated election of | 25 | | township officials next following the approval of a referendum | 26 | | under Section 22-10, then the compensation for that official |
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| 1 | | shall be equal to the lowest compensation for the same office | 2 | | between the separate townships in the previous calendar year. | 3 | | (d) The separate townships shall not incur any additional | 4 | | debt without the approval of the Transition Township Board. For | 5 | | purposes of this Section, "debt" shall have the meaning | 6 | | ascribed to that term in Section 23-5. | 7 | | (e) Section 3-7 of the Election Code shall govern those | 8 | | individuals entitled to caucus, vote for, be nominated for, and | 9 | | run for offices for the consolidated township at the | 10 | | consolidated election of township officials next following the | 11 | | approval of a referendum under Section 22-10. | 12 | | (60 ILCS 1/22-20 new) | 13 | | Sec. 22-20. Consolidated township. | 14 | | (a) On the third Monday of May of the year in which | 15 | | township officials are elected following the approval of a | 16 | | referendum under Section 22-10, the following shall occur: | 17 | | (1) the separate townships cease and the consolidated | 18 | | township is created; | 19 | | (2) all rights, powers, duties, assets, and property, | 20 | | together with all personnel, contractual obligations, | 21 | | other obligations, responsibilities, and liabilities of | 22 | | the separate townships are transferred to the consolidated | 23 | | township; those rights include, but are not limited to, the | 24 | | authority to continue to collect, receive, and expend the | 25 | | proceeds of any tax levied by any of the separate townships |
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| 1 | | prior to the creation of the consolidated township without | 2 | | an additional ordinance, resolution, or referendum; the | 3 | | proceeds of any tax levied by any of the separate townships | 4 | | prior to the creation of the consolidated township shall be | 5 | | expended or disposed of by the consolidated township in the | 6 | | same manner as such assessments might have been expended or | 7 | | disposed of by the separate townships; however, if the | 8 | | consolidated township board determines that there is a | 9 | | surplus in the fund for general township purposes on | 10 | | December 31 of the calendar year in which the consolidation | 11 | | occurs, then any portion of the surplus that is solely | 12 | | attributable to the consolidation shall be refunded to the | 13 | | owners of record of taxable property within the | 14 | | consolidated district on a pro rata basis; and | 15 | | (3) road districts located within the separate | 16 | | townships are abolished. | 17 | | (b) When a new township is created, a new road district | 18 | | encompassing the consolidated township is created. All the | 19 | | rights, powers, duties, assets, property, liabilities, | 20 | | obligations, and responsibilities of the separate road | 21 | | districts shall vest in and be assumed by the new road district | 22 | | as provided for in the resolutions adopted under Section 22-5. | 23 | | The new township board of trustees shall exercise the taxing | 24 | | authority of a road district abolished under this Section. The | 25 | | highway commissioners of the abolished road districts shall | 26 | | cease to hold office on the date the road district is |
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| 1 | | abolished. The new township board shall exercise all duties and | 2 | | responsibilities of the highway commissioner as provided in the | 3 | | Illinois Highway Code. For purposes of distribution of revenue, | 4 | | the new township shall assume the powers, duties, and | 5 | | obligations of the road district of the dissolving road | 6 | | district. The new township board may enter into a contract with | 7 | | the county, a municipality, or a private contractor
to | 8 | | administer the roads under the new road district. | 9 | | (c) When a township consolidates into an existing township, | 10 | | all the rights, powers, duties, assets, property, liabilities, | 11 | | obligations, and responsibilities of the abolished road | 12 | | districts shall vest in and be assumed by the existing | 13 | | township's road district as provided for in the resolutions | 14 | | adopted under Section 22-5. The consolidated township board of | 15 | | trustees shall exercise the taxing authority of a road district | 16 | | abolished under this Section. Highway commissioners of the | 17 | | abolished road districts shall cease to hold office on the date | 18 | | the road district is abolished. The consolidated township shall | 19 | | exercise all duties and responsibilities of the highway | 20 | | commissioner as provided in the Illinois Highway Code. For | 21 | | purposes of distribution of revenue, the existing township's | 22 | | road district or districts shall assume the powers, duties, and | 23 | | obligations of the road district of the dissolving road | 24 | | district. | 25 | | (60 ILCS 1/Art. 23 heading new) |
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| 1 | | ARTICLE 23. MERGER OF A SINGLE | 2 | | TOWNSHIP INTO TWO OTHER TOWNSHIPS | 3 | | (60 ILCS 1/23-5 new) | 4 | | Sec. 23-5. Definitions. As used in this Article: | 5 | | "Dissolving road district" means a road district in a | 6 | | dissolving township, which is dissolved under subsection (c) of | 7 | | Section 23-25. | 8 | | "Dissolving township" means a township which is proposed to | 9 | | be dissolved into and be merged with 2 other adjacent | 10 | | townships. | 11 | | "Equalized assessed value" has the meaning provided in | 12 | | Section 18-213 of the Property Tax Code. | 13 | | "Debt" means indebtedness incurred by a dissolving | 14 | | township including, but not limited to, mortgages, judgments, | 15 | | and moneys due through the issuance and sale of bonds, or | 16 | | through an equivalent manner of borrowing for which notes or | 17 | | other evidences of indebtedness are issued fixing the amount of | 18 | | principal and interest from time to time payable to retire the | 19 | | indebtedness. | 20 | | "Receiving township" means a township into which a portion | 21 | | of the dissolving township will be merged. | 22 | | (60 ILCS 1/23-10 new) | 23 | | Sec. 23-10. Resolution for merger; notice. | 24 | | (a) Notwithstanding any other provision of law to the |
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| 1 | | contrary, the township boards of any 3 adjacent townships may, | 2 | | by identical resolutions of each board, propose that a township | 3 | | which borders the other 2 townships be dissolved by referendum | 4 | | and all rights, powers, duties, assets, and property, together | 5 | | with all personnel, contractual obligations, other | 6 | | obligations, responsibilities, and liabilities of the | 7 | | dissolving township transferred to the receiving townships. | 8 | | Each resolution shall include, but is not limited to, the | 9 | | following: | 10 | | (1) a legal description of the former territory of the | 11 | | dissolving township each receiving township will take upon | 12 | | the dissolution of the dissolving township; | 13 | | (2) a description of how all assets and property, | 14 | | together with all personnel, contractual obligations, | 15 | | other obligations, responsibilities, and liabilities of | 16 | | the dissolving township will be transferred to the | 17 | | receiving townships; | 18 | | (3) the tax rates for general township purposes for the | 19 | | immediately preceding levy year, as extended and collected | 20 | | in the year in which the resolution is adopted, for the | 21 | | dissolving township and each receiving township; | 22 | | (4) a description and amount of all debt each receiving | 23 | | township shall assume after the dissolving township | 24 | | dissolves. The debt shall be assumed by each receiving | 25 | | township in equal proportion to the equalized assessed | 26 | | value of the land and property that will be received by |
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| 1 | | each receiving township from the dissolving township | 2 | | unless otherwise agreed to in the resolutions; | 3 | | (5) a description of how each road district or road | 4 | | districts of a dissolving township shall comply with | 5 | | subsection (c) of Section 23-25; and | 6 | | (6) the date of the general election at which the | 7 | | referendum shall be held. | 8 | | All resolutions shall be passed not less than 79 days | 9 | | before the general election stated in the resolutions. | 10 | | (b) Before passing a resolution under this Section, each | 11 | | township board shall hold a public hearing on those matters | 12 | | after notice of the hearing has been published in a newspaper | 13 | | having a general circulation in the townships affected. The | 14 | | notice shall be published at least 30 days before the date of | 15 | | the hearing. The notice shall contain, at a minimum, the name | 16 | | of the dissolving township and receiving townships and a | 17 | | description of the area each receiving township will receive | 18 | | from the dissolving township. | 19 | | (60 ILCS 1/23-15 new) | 20 | | Sec. 23-15. Referendum and notices. | 21 | | (a) Upon the adoption of resolutions under Section 23-10 by | 22 | | all townships, 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 all townships 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 (name of dissolving township) be dissolved into | 4 | | (names of receiving townships)? | 5 | | The votes shall be recorded as "Yes" or "No". The | 6 | | referendum is approved when a majority of the voters, in each | 7 | | of the affected townships, approve the referendum. | 8 | | (b) Before a referendum appears on the ballot under | 9 | | subsection (a), the township boards shall publish a copy of the | 10 | | adopted resolution in a newspaper having a general circulation | 11 | | in each of the townships affected. The notice shall be | 12 | | published at least 30 days before the date of the general | 13 | | election. | 14 | | Each township board shall additionally mail a copy of the | 15 | | adopted resolution, along with a copy of the referendum | 16 | | language and a list of all taxes levied for general township | 17 | | purposes in the affected townships, to every registered voter | 18 | | in each township affected. The notice shall be mailed at least | 19 | | 30 days before the date of the general election in which the | 20 | | referendum will appear. | 21 | | (60 ILCS 1/23-20 new) | 22 | | Sec. 23-20. Transition. | 23 | | (a) Notwithstanding any other provision of law to the | 24 | | contrary, upon the approval of a referendum under Section | 25 | | 23-15: |
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| 1 | | (1) there shall be no further nominations or elections | 2 | | for clerks, assessors, collectors, highway commissioners, | 3 | | supervisors, or trustees of the dissolving township or | 4 | | highway commissions and the terms of all such officers | 5 | | currently serving shall continue until the third Monday of | 6 | | May of the year in which township officials are elected | 7 | | following the approval of a referendum under Section 23-15; | 8 | | (2) a Transition Township Board is formed for each | 9 | | receiving township. Each Transition Township Board shall | 10 | | be composed of the members of the dissolving township | 11 | | boards plus the members of the receiving township board. | 12 | | The Transition Township Board shall only have authority to | 13 | | do the following under paragraphs (3) and (4) of this | 14 | | Section: provide for the compensation for all receiving | 15 | | township officials that will be elected at the consolidated | 16 | | election next following the approval of a referendum under | 17 | | Section 23-15; and approving additional debt to be taken on | 18 | | by the dissolving township; | 19 | | (3) each Transition Township Board shall hold a public | 20 | | meeting no later than the first Tuesday in April before the | 21 | | receiving townships' boards of trustees are elected at the | 22 | | consolidated election next following the approval of a | 23 | | referendum under Section 23-15. At this public meeting, the | 24 | | Transition Township Board shall provide for the | 25 | | compensation for all township officials that will be | 26 | | elected at the consolidated election. If the Board cannot |
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| 1 | | agree on the compensation for an official, then the | 2 | | compensation for the same office between the receiving and | 3 | | dissolving townships shall be the lower compensation for | 4 | | the office in the dissolving township or receiving | 5 | | township; | 6 | | (4) the dissolving township shall not incur any | 7 | | additional debt without the approval of the Transition | 8 | | Township Board of each receiving township that would assume | 9 | | such debt after dissolution of the dissolving township; and | 10 | | (5) Section 3-7 of the Election Code shall govern those | 11 | | individuals entitled to caucus, vote for, be nominated for, | 12 | | and run for offices for the receiving townships at the | 13 | | consolidated election of township officials next following | 14 | | the approval of a referendum under Section 23-15. | 15 | | (b) Upon the approval of a referendum under Section 23-15, | 16 | | the receiving townships may enter into an intergovernmental | 17 | | agreement under the Intergovernmental Cooperation Act for any | 18 | | lawful purpose relating to the land or property contained in | 19 | | the dissolving township after the township is dissolved. | 20 | | (60 ILCS 1/23-25 new) | 21 | | Sec. 23-25. Merged township. On the third Monday of May of | 22 | | the year in which township officials are elected following the | 23 | | approval of a referendum under Section 23-15, the following | 24 | | shall occur: | 25 | | (a) The dissolving township ceases. |
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| 1 | | (b) All rights, powers, duties, assets, and property, | 2 | | together with all personnel, contractual obligations, | 3 | | other obligations, responsibilities, and liabilities of | 4 | | the dissolving township are transferred to the receiving | 5 | | townships as provided in the resolution adopted under | 6 | | Section 23-10. The rights include, but are not limited to, | 7 | | the authority to continue to collect and receive any tax | 8 | | levied prior to the creation of the merged townships | 9 | | without an additional ordinance, resolution, or | 10 | | referendum. | 11 | | (c) Road districts located within the dissolving | 12 | | township are abolished and all the rights, powers, duties, | 13 | | assets, property, liabilities, obligations, and | 14 | | responsibilities of the dissolving road districts shall | 15 | | vest in and be assumed by the receiving townships' road | 16 | | districts as provided for in the resolutions adopted under | 17 | | Section 23-10; the boards of trustees of the receiving | 18 | | townships shall exercise the taxing authority of a road | 19 | | district dissolved under this Section and shall exercise | 20 | | all duties and responsibilities of the highway | 21 | | commissioner as provided in the Illinois Highway Code | 22 | | unless a road district in the receiving township has a | 23 | | highway commissioner who shall assume all duties and | 24 | | responsibilities of the highway commissioner of the | 25 | | dissolving road districts if so resolved by the receiving | 26 | | township board; highway commissioners of the dissolving |
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| 1 | | road districts shall cease to hold office on the date the | 2 | | road district is abolished; and for purposes of | 3 | | distribution of revenue, the receiving townships' road | 4 | | districts, or the township board if no road districts | 5 | | exist, shall assume the powers, duties, and obligations of | 6 | | the dissolving road district.
| 7 | | (60 ILCS 1/25-15)
| 8 | | Sec. 25-15. Selection of county governing body; election | 9 | | Election of county commissioners . When township organization
| 10 | | ceases in any county as provided in this Article, the county | 11 | | board may by ordinance or resolution restructure into a | 12 | | commission form of government on or before 180 days after a | 13 | | township organization ceases. If the county board votes to | 14 | | assume a commission form of government, an election shall be | 15 | | held in
the county at the next general election in an | 16 | | even-numbered year for 3 county
commissioners who shall hold | 17 | | office for 2, 4, and 6 years, respectively, and
until their | 18 | | successors are elected and qualified. Terms shall be determined | 19 | | by
lot. At each succeeding general election after the first, | 20 | | one commissioner
shall be elected.
| 21 | | (Source: P.A. 82-783; 88-62.)
| 22 | | (60 ILCS 1/25-25)
| 23 | | Sec. 25-25. Disposal of township records and property. When | 24 | | township
organization is discontinued in any county, the |
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| 1 | | records of the several
townships shall be deposited in the | 2 | | county clerk's office. The county
board or board of county | 3 | | commissioners of the county may close up all unfinished | 4 | | business of the several
townships and sell or and dispose of | 5 | | any of the property belonging to a township
for the benefit of | 6 | | the inhabitants of the township, as fully as might have been
| 7 | | done by the townships themselves. The county board or board of | 8 | | county commissioners may pay all the
indebtedness of any | 9 | | township existing at the time of the discontinuance of
township | 10 | | organization and cause the amount of the indebtedness, or so | 11 | | much as
may be necessary, to be levied upon the property of the | 12 | | township.
| 13 | | (Source: P.A. 82-783; 88-62.)
| 14 | | (60 ILCS 1/Art. 29 heading new) | 15 | | ARTICLE 29. DISCONTINUANCE OF | 16 | | TOWNSHIP WITHIN COTERMINOUS | 17 | | MUNICIPALITY: ALL TOWNSHIPS | 18 | | (60 ILCS 1/29-5 new) | 19 | | Sec. 29-5. Resolutions to discontinue and abolish a | 20 | | township. The township board and the corporate authorities of a | 21 | | coterminous, or substantially coterminous, municipality may by | 22 | | resolutions of the board and corporate authorities, and after | 23 | | referendum of the voters of the township and municipality: (1) | 24 | | discontinue and abolish the township; (2) transfer all the |
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| 1 | | rights, powers, duties, assets, property, liabilities, | 2 | | obligations, and responsibilities of the township to the | 3 | | municipality; and (3) cease and dissolve all township road | 4 | | districts with the district's jurisdiction and authority | 5 | | transferred to the municipality upon the dissolution of the | 6 | | township. | 7 | | (60 ILCS 1/29-10 new) | 8 | | Sec. 29-10. Notice. | 9 | | (a) Before passing resolutions under Section 29-5, the | 10 | | township board and the corporate authorities of the | 11 | | municipality shall hold public hearings on those matters after | 12 | | notice of the hearing has been published in a newspaper having | 13 | | general circulation in the township and municipality. The | 14 | | notice shall be published at least 30 days before the date of | 15 | | the hearing. | 16 | | (b) Before a referendum is placed on the ballot under | 17 | | Section 29-15, each township board shall publish a copy of the | 18 | | resolution adopted under Section 29-5 in a newspaper of general | 19 | | circulation in the township and municipality affected. The | 20 | | notice shall be published at least 30 days before the date of | 21 | | the general election in which the referendum will appear. | 22 | | Each township board shall additionally mail a copy of the | 23 | | adopted resolution, along with a copy of the referendum | 24 | | language, the date the referendum will appear, and a list of | 25 | | all taxes levied in the affected townships, to every registered |
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| 1 | | voter in each township affected. The notice shall be mailed at | 2 | | least 30 days before the date of the election in which the | 3 | | referendum will appear. | 4 | | (60 ILCS 1/29-15 new) | 5 | | Sec. 29-15. Referendum for cessation of township. Upon the | 6 | | adoption of resolutions under Section 29-5 by both the township | 7 | | and municipality, the township board and corporate authorities | 8 | | of the municipality shall certify the question to the election | 9 | | authority and the authority shall cause to be submitted to the | 10 | | voters of the township and municipality at the next election a | 11 | | referendum to discontinue the township and to transfer all the | 12 | | rights, powers, duties, assets, property, liabilities, | 13 | | obligations, and responsibilities of the township to the | 14 | | municipality. The referendum shall be substantially in the | 15 | | following form: | 16 | | Shall the township of (name
of township) Township | 17 | | cease? | 18 | | The votes shall be recorded as "Yes" or "No". The | 19 | | referendum is approved when a majority of the voters, in both | 20 | | the township and municipality, approve the referendum. | 21 | | If the referendum is approved there shall be no further | 22 | | nominations or elections for clerks, assessors, collectors, | 23 | | highway commissioners, supervisors, or trustees of the | 24 | | township or highway commission, and the terms of all such | 25 | | officers currently serving shall continue until the third |
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| 1 | | Monday of May of the year of the consolidated election in which | 2 | | township officials are elected next following the approval of a | 3 | | referendum under this Section. | 4 | | (60 ILCS 1/29-20 new) | 5 | | Sec. 29-20. Cessation of township. On the third Monday in | 6 | | May in the year of the consolidated election in which township | 7 | | officials are elected next following the approval of a | 8 | | referendum under Section 29-15: | 9 | | (1) the township is discontinued and abolished and all | 10 | | the rights, powers, duties, assets, property, liabilities, | 11 | | obligations, and responsibilities of the township shall | 12 | | vest in and be assumed by the municipality, including the | 13 | | authority to levy property taxes for township purposes in | 14 | | the same manner as the dissolved township without an | 15 | | additional ordinance, resolution, or referendum; | 16 | | (2) all township officers shall cease to hold office; | 17 | | (3) the municipality shall exercise all duties and | 18 | | responsibilities of the township officers as provided in | 19 | | the Township Code, the Illinois Public Aid Code, the | 20 | | Property Tax Code, and the Illinois Highway Code, as | 21 | | applicable. The municipality may enter into an | 22 | | intergovernmental agreement with the county or the State to | 23 | | administer the duties and responsibilities of the township | 24 | | officers for services under its jurisdiction; and | 25 | | (4) any road district located within the township is |
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| 1 | | abolished and its jurisdiction, rights, powers, duties, | 2 | | assets, property, liabilities, obligations, and | 3 | | responsibilities shall vest in and be assumed by the | 4 | | municipality and the highway commissioner of the abolished | 5 | | road district shall cease to hold office. The corporate | 6 | | authorities of the municipality shall: exercise the taxing | 7 | | authority of a road district abolished under this Section; | 8 | | exercise all duties and responsibilities of the highway | 9 | | commissioner as provided in the Illinois Highway Code; and | 10 | | for purposes of distribution of revenue, assume the powers, | 11 | | duties, and obligations of the road district in the | 12 | | discontinued township. The corporate authorities of a | 13 | | municipality may enter into an intergovernmental agreement | 14 | | or a contract with the county, another municipality, or a | 15 | | private contractor to administer the roads which were under | 16 | | the jurisdiction of the abolished road district. | 17 | | (60 ILCS 1/29-25 new) | 18 | | Sec. 29-25. Business, records, and property of | 19 | | discontinued township. The records of a township discontinued | 20 | | under this Article shall be deposited in the municipality's | 21 | | city clerk's office. The municipality may close up all | 22 | | unfinished business of the township and sell and dispose of any | 23 | | of the property belonging to the township for benefit of the | 24 | | inhabitants of the municipality.
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| 1 | | (60 ILCS 1/65-20)
| 2 | | Sec. 65-20. Road district treasurer; new township; | 3 | | multi-township
officers. | 4 | | (a) Compensation of township officers shall be set by the | 5 | | township board
at least 180 days before the beginning of the | 6 | | terms of officers,
including compensation of the road district | 7 | | treasurer, which shall be not less
than $100 or more than | 8 | | $1,000 per year.
Compensation of a township assessor and | 9 | | collector shall be set at the same
time as the compensation of | 10 | | the township supervisor. Compensation of a
multi-township | 11 | | assessor shall be set at least 150 days before his or her
| 12 | | election.
| 13 | | (b) The compensation to be paid to each officer in a new | 14 | | township
established under Section 10-25 shall be determined | 15 | | under this Section by
the township board of the township the | 16 | | whole or a part of which
comprises the new township and that | 17 | | has the highest equalized assessed
valuation (as of December | 18 | | 31, 1972) of the old townships that comprise the new
township.
| 19 | | (c) At least 150 days before the
election of multi-township | 20 | | officers, the multi-township board may establish
additional | 21 | | pay of those board members for their services in an amount not | 22 | | to
exceed $25 per day for each day of services.
| 23 | | (d) For the first term of a township consolidated or merged | 24 | | under Article 22 or 23, compensation for township officers of | 25 | | the consolidated or merged township shall be set by the | 26 | | Transition Township Board no later than the first day in April |
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| 1 | | before the consolidated election at which the township officers | 2 | | are to be elected. | 3 | | (Source: P.A. 90-210, eff. 7-25-97.)
| 4 | | Section 920. The Illinois Highway Code is amended by | 5 | | changing Section 6-130 and by adding Section 6-130.5 as | 6 | | follows:
| 7 | | (605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
| 8 | | Sec. 6-130. Mandatory and permissive road district | 9 | | abolishment. | 10 | | (a) Notwithstanding any other provision of this Act to the | 11 | | contrary,
no
township road district may continue in existence | 12 | | if the roads forming a
part of the district do not exceed a | 13 | | total of 4 miles in length as determined by the county engineer | 14 | | or county superintendent of highways . For purposes of this | 15 | | Section, the roads forming a part of a township road district | 16 | | include those roads maintained by the district, regardless of | 17 | | whether or not those roads are owned by the township. On the
| 18 | | first Tuesday in April of 1975, or of any subsequent year next | 19 | | succeeding
the reduction of a township road system to a total | 20 | | mileage of 4 miles or
less, each such township road district | 21 | | shall, by operation of law, be
abolished. The roads comprising | 22 | | that district at that time shall thereafter
be administered by | 23 | | the township board of trustees by contracting with the
county, | 24 | | a municipality or a private contractor. The township board of |
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| 1 | | trustees
shall assume all taxing authority of a township road | 2 | | district abolished under
this Section.
| 3 | | (b) Notwithstanding any provision of law to the contrary, a | 4 | | township road district may be abolished as provided in Section | 5 | | 6-130.5 of this Act, if the roads forming part of the district | 6 | | are less than a total of 15 miles in length. | 7 | | (Source: P.A. 94-884, eff. 6-20-06.)
| 8 | | (605 ILCS 5/6-130.5 new) | 9 | | Sec. 6-130.5. Abolishing a road district with less than 15 | 10 | | miles of roads. | 11 | | (a) Any township may abolish a road district of that | 12 | | township if the roads of the district of that township are less | 13 | | than 15 miles in length, as determined by the county engineer | 14 | | or county superintendent of highways, by resolution of a | 15 | | majority of the board of trustees to submit a referendum to | 16 | | abolish the road district of that township. The referendum | 17 | | shall be submitted to the electors of that township at the next | 18 | | general election or consolidated election in accordance with | 19 | | the general election law. The ballot shall be in substantially | 20 | | the following form: | |
21 | | -------- | | |
22 | | Shall the Road District of the Township of | | | |
23 | | ........... be abolished with all the rights, | YES | | |
24 | | powers, duties, assets, property, liabilities, | |
25 | | obligations, and responsibilities being assumed | -------- | | |
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| 1 | | by the Township of ........... ? | NO | | |
2 | | -------- | |
| 3 | | (b) If a majority of the electors voting on the referendum | 4 | | under subsection (a) of this Section are in favor of abolishing | 5 | | the township road district, then the road district is abolished | 6 | | on the January 1 following the approval of the resolution or | 7 | | referendum. | 8 | | On the date of abolishment: all the rights, powers, duties, | 9 | | assets, property, liabilities, obligations, and | 10 | | responsibilities of the road district shall by operation of law | 11 | | vest in and be assumed by the township; the township board of | 12 | | trustees shall assume all taxing authority of a road district | 13 | | abolished under this Section; any highway commissioner of the | 14 | | abolished road district shall cease to hold office; the | 15 | | township shall exercise all duties and responsibilities of the | 16 | | highway commissioner as provided in the Illinois Highway Code; | 17 | | and for purposes of distribution of revenue, the township shall | 18 | | assume the powers, duties, and obligations of the road | 19 | | district. The township board of trustees may enter into a | 20 | | contract with the county, a municipality, or a private | 21 | | contractor to administer the roads added to its jurisdiction | 22 | | under this Section. | 23 | | Section 999. Effective date. This Act takes effect January | 24 | | 1, 2018.".
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