Full Text of HB3676 101st General Assembly
HB3676eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Township Code is amended by changing Section | 5 | | 70-5 and by renumbering and changing Section 7-27, as added by | 6 | | Public Act 100-983, as follows:
| 7 | | (60 ILCS 1/70-5)
| 8 | | Sec. 70-5. Supervisor; bond.
| 9 | | (a) The supervisor, before entering upon the duties of the | 10 | | office, shall
give bond to the township, with one or more | 11 | | sureties, (i) in at least double
the amount of money that may | 12 | | come into the supervisor's hands, if individuals
act as | 13 | | sureties, or (ii) only in the amount of money that may come | 14 | | into the
supervisor's hands, if a surety company authorized to | 15 | | do business in this State
acts as surety. The bond shall be | 16 | | conditioned on the faithful discharge of his
or her duties as | 17 | | supervisor and require that he or she safely keep and pay over
| 18 | | all money entrusted intrusted to his or her keeping as | 19 | | supervisor. The bond shall be
approved by the township clerk | 20 | | and filed in the clerk's office with the clerk's
approval | 21 | | indorsed on it.
| 22 | | (b) Whenever the township clerk ascertains that the bond | 23 | | has been forfeited,
the clerk shall institute suit against the |
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| 1 | | supervisor. If the clerk fails or
refuses to institute a suit, | 2 | | any person interested in the matter may institute
a suit.
| 3 | | (c) Any person temporarily appointed under Section 60-10 to | 4 | | perform the
clerical functions of a supervisor shall, before | 5 | | performing those functions,
give bond in the same manner and | 6 | | amount and subject to the same conditions as
are required of | 7 | | the supervisor.
| 8 | | (Source: P.A. 82-783; 88-62.)
| 9 | | (60 ILCS 1/70-27) | 10 | | Sec. 70-27 7-27 . Attestation to funds endorsed by the | 11 | | supervisor. If a township supervisor issues a payout of funds | 12 | | from the township treasury, the township clerk shall attest to | 13 | | such payment. A township board may adopt rules to implement the | 14 | | provisions of this Section, including rules regulating the | 15 | | township clerk's attestation when the township clerk is | 16 | | temporarily unavailable, for payroll processing, and for the | 17 | | payout of funds made by cash, credit and debit card, electronic | 18 | | check, and other means. Attestation under this Section is not | 19 | | required by the township clerk prior to the issuance of an | 20 | | emergency financial assistance payout authorized by Section | 21 | | 6-10 of the Illinois Public Aid Code.
| 22 | | (Source: P.A. 100-983, eff. 1-1-19; revised 1-15-19.) | 23 | | Section 10. The Illinois Highway Code is amended by | 24 | | changing Sections 6-134 and 6-135 as follows: |
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| 1 | | (605 ILCS 5/6-134) | 2 | | Sec. 6-134. Abolishing a road district. | 3 | | (a) By resolution, the board of trustees of any township | 4 | | located in a county with less than 3,000,000 inhabitants may | 5 | | submit a proposition to abolish the road district of that | 6 | | township to the electors of that township at a general election | 7 | | or consolidated election in accordance with the general | 8 | | election law. The ballot shall be in substantially the | 9 | | following form: | |
10 | | --------- | | |
11 | | Shall the Road District of the Township of | | | |
12 | | ........... be abolished with all the rights, | YES | | |
13 | | powers, duties, assets, property, liabilities, | |
14 | | obligations, and responsibilities being assumed | --------- | | |
15 | | by the Township of ........... ? | NO | | |
16 | | --------- | |
| 17 | | In the event that a majority of the electors voting on such | 18 | | proposition are in favor thereof, then the road district shall | 19 | | be abolished by operation of law effective 90 days after vote | 20 | | certification by the governing election authority or on the | 21 | | date the term of the highway commissioner in office at the time | 22 | | the proposition was approved by the electors expires, whichever | 23 | | is later. |
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| 1 | | On that date, all the rights, powers, duties, assets, | 2 | | property, liabilities, obligations, and responsibilities of | 3 | | the road district shall by operation of law vest in and be | 4 | | assumed by the township. On that date, the township board of | 5 | | trustees shall assume all taxing authority of a road district | 6 | | abolished under this Section. On that date, any highway | 7 | | commissioner of the abolished road district shall cease to hold | 8 | | office, such term having been terminated. Thereafter, the | 9 | | township shall exercise all duties and responsibilities of the | 10 | | highway commissioner as provided in the Illinois Highway Code. | 11 | | The township board of trustees may enter into a contract with | 12 | | the county, a municipality, or a private contractor to | 13 | | administer the roads under its jurisdiction. The township board | 14 | | of trustees shall assume all taxing authority of a township | 15 | | road district abolished under this subsection. For purposes of | 16 | | distribution of revenue, the township shall assume the powers, | 17 | | duties, and obligations of the road district. Distribution of | 18 | | revenue by the township to the treasurer of a municipality | 19 | | under Section 6-507 shall be only paid from moneys levied for | 20 | | road purposes pursuant to Division 5 of Article 6 of the | 21 | | Illinois Highway Code.
| 22 | | (b) If a referendum passed under subsection (a) at the | 23 | | November 6, 2018 election and a road district has not been | 24 | | abolished as provided in subsection (a) by the effective date | 25 | | of this amendatory Act of the 101st General Assembly: | 26 | | (1) the township board shall have the sole authority |
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| 1 | | relating to the following duties and powers of the road | 2 | | district until the date of abolition: | 3 | | (A) creating and approving the budget of the road | 4 | | district; | 5 | | (B) levying taxes (the township board of trustees | 6 | | assumes all taxing authority of the township road | 7 | | district); | 8 | | (C) entering into contracts for the road district; | 9 | | (D) employing and fixing the compensation of road | 10 | | district employees that the township board deems | 11 | | necessary; and | 12 | | (E) setting and adopting rules concerning all | 13 | | benefits available to employees of the road district. | 14 | | (2) the road district or the highway commissioner may | 15 | | not commence or maintain litigation against the township to | 16 | | resolve any dispute related to the road district regarding | 17 | | powers of the office of the highway commissioner, the | 18 | | powers of the supervisor, or the powers of the township | 19 | | board. | 20 | | (c) If a township has approved a consolidated road district | 21 | | after a referendum under Section 6-109 and the consolidation is | 22 | | not yet effective and if the township subsequently approves a | 23 | | referendum under this Section, then the consolidation under | 24 | | Section 6-109 is void and shall not occur. | 25 | | (Source: P.A. 100-106, eff. 1-1-18 .) |
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| 1 | | (605 ILCS 5/6-135) | 2 | | Sec. 6-135. Abolishing a road district with less than 15 | 3 | | miles of roads. | 4 | | (a) Any township in a county with a population less than | 5 | | 3,000,000 may abolish a road district of that township if the | 6 | | roads of the road district are less than 15 miles in length, as | 7 | | determined by the county engineer or county superintendent of | 8 | | highways, by resolution of a majority of the board of trustees | 9 | | to submit a referendum to abolish the road district of that | 10 | | township. The referendum shall be submitted to the electors of | 11 | | that township at the next general election or consolidated | 12 | | election in accordance with the general election law. The | 13 | | ballot shall be in substantially the following form: | |
14 | | -------- | | |
15 | | Shall the Road District of the Township of | | | |
16 | | ........... be abolished with all the rights, | YES | | |
17 | | powers, duties, assets, property, liabilities, | |
18 | | obligations, and responsibilities being assumed | -------- | | |
19 | | by the Township of ........... ? | NO | | |
20 | | -------- | |
| 21 | | (b) If a majority of the electors voting on the referendum | 22 | | under subsection (a) of this Section are in favor of abolishing | 23 | | the township road district, then the road district is abolished | 24 | | on the January 1 following the approval of the referendum or on | 25 | | the date the term of the highway commissioner in office at the | 26 | | time the referendum was approved expires, whichever is later. |
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| 1 | | On the date of abolition abolishment : all the rights, | 2 | | powers, duties, assets, property, liabilities, obligations, | 3 | | and responsibilities of the road district shall by operation of | 4 | | law vest in and be assumed by the township; the township board | 5 | | of trustees shall assume all taxing authority of a road | 6 | | district abolished under this Section; any highway | 7 | | commissioner of the abolished road district shall cease to hold | 8 | | office; the township shall exercise all duties and | 9 | | responsibilities of the highway commissioner as provided in the | 10 | | Illinois Highway Code; and for purposes of distribution of | 11 | | revenue, the township shall assume the powers, duties, and | 12 | | obligations of the road district. The township board of | 13 | | trustees may enter into a contract with the county, a | 14 | | municipality, or a private contractor to administer the roads | 15 | | added to its jurisdiction under this Section.
| 16 | | If a township has approved a consolidated road district | 17 | | after a referendum under Section 6-109 and the consolidation is | 18 | | not yet effective and if the township subsequently approves a | 19 | | referendum under this Section, then the consolidation under | 20 | | Section 6-109 is void and shall not occur. | 21 | | (Source: P.A. 100-107, eff. 1-1-18 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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