Full Text of HB1395 094th General Assembly
HB1395enr 94TH GENERAL ASSEMBLY
|
|
|
HB1395 Enrolled |
|
LRB094 10128 JAM 40389 b |
|
| 1 |
| AN ACT concerning government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Intergovernmental Cooperation Act is | 5 |
| amended by changing Section 3.6 as follows:
| 6 |
| (5 ILCS 220/3.6) (from Ch. 127, par. 743.6)
| 7 |
| Sec. 3.6. (a) Any special district the boundaries of which | 8 |
| are
exactly coterminous with, or entirely within, the | 9 |
| boundaries of a township
in a county having less than 1,000,000 | 10 |
| inhabitants may merge
into and
transfer all of its rights, | 11 |
| powers, duties, liabilities and functions to
the township as | 12 |
| provided in this Section notwithstanding any other provision
of | 13 |
| the law.
| 14 |
| (b) "Special district" means any political subdivision | 15 |
| other than a
county, municipality, township, school district or | 16 |
| community college district.
| 17 |
| (c) By resolution or ordinance the special district may | 18 |
| petition the
township for merger. Within 30 days after the | 19 |
| adoption of such resolution
or ordinance, the special district | 20 |
| shall file a copy of the petition with
the town clerk of the | 21 |
| township and with the county clerk.
| 22 |
| (d) Within 60 days of the filing of the petition with the | 23 |
| town clerk the
board of town trustees shall by ordinance either | 24 |
| agree or refuse to agree
to the merger. Failure of the board of | 25 |
| town trustees to adopt such an
ordinance within the 60 days | 26 |
| shall constitute a refusal to agree to the merger.
| 27 |
| (e) After an ordinance is passed by the board of town | 28 |
| trustees agreeing
to a merger, it shall be published once | 29 |
| within 30 days after its passage in
one or more newspapers | 30 |
| published in the township or, if no newspaper is
published | 31 |
| therein, it shall be published in a newspaper published in the
| 32 |
| county in which such township is located and having general |
|
|
|
HB1395 Enrolled |
- 2 - |
LRB094 10128 JAM 40389 b |
|
| 1 |
| circulation
within such township. If no newspaper is published | 2 |
| in the county having
general circulation in the township, | 3 |
| publication may be made instead by
posting copies of such | 4 |
| ordinance in 10 public places within the township.
The | 5 |
| publication or posting of the ordinance shall include a notice | 6 |
| of (1) the
specific number of voters required to sign a | 7 |
| petition requesting that the
question of the merger be | 8 |
| submitted to the voters of the township; (2) the
time within | 9 |
| which the petition must be filed; and (3) the date of the
| 10 |
| prospective referendum. The township clerk shall provide a | 11 |
| petition form to
any individual requesting one. The ordinance | 12 |
| shall not become effective
until 30 days after its publication | 13 |
| or the date of such posting of such copies.
| 14 |
| Whenever a petition signed by the electors of the township | 15 |
| equal in
number to 10% or more of the registered voters in the | 16 |
| township is filed
with the board of town trustees thereof which | 17 |
| has adopted an ordinance
agreeing to merger and such petition | 18 |
| has been filed with the board of
town trustees within 30 days | 19 |
| after the publication or the date of the
posting of the copies | 20 |
| which petition seeks the submission of such merger to
an | 21 |
| election, the board of town trustees shall certify the question | 22 |
| to the
proper election officials who shall submit the question | 23 |
| at an election in
accordance with the general election law.
| 24 |
| The proposition shall be substantially in the following | 25 |
| form:
| 26 |
| -------------------------------------------------------------
| 27 |
| Shall (name of special YES
| 28 |
| district) be merged into ----------------------------
| 29 |
| ............. Township? NO
| 30 |
| -------------------------------------------------------------
| 31 |
| If the boundaries of the township and special district are | 32 |
| coterminous and a
majority of the voters voting on the question | 33 |
| shall favor merger, the
special district shall merge into the | 34 |
| township. If a majority of the
voters voting on the question | 35 |
| shall not favor merger, the special district
shall not merge | 36 |
| into the township. If the boundaries of the township and
|
|
|
|
HB1395 Enrolled |
- 3 - |
LRB094 10128 JAM 40389 b |
|
| 1 |
| special district are not coterminous, then a majority of the | 2 |
| voters voting
upon the question in the special district and a | 3 |
| majority of the voters
voting in that portion of the township | 4 |
| that is not included within the
special district must both | 5 |
| favor the merger. If a majority of the voters
residing in the | 6 |
| special district or a majority of the voters voting in that
| 7 |
| portion of the townships that is not included within the | 8 |
| special district
do not favor the merger, the special district | 9 |
| shall not merge into the
township.
| 10 |
| (f) The effective date of the merger shall be the first day | 11 |
| of January
of the year immediately following the effective date | 12 |
| of the ordinance or
the approval by the referendum as the case | 13 |
| may be.
| 14 |
| (g) If the board of town trustees refuses to agree to the | 15 |
| merger or if a
majority of the voters voting on the question | 16 |
| shall not favor merger, then
the special district shall not | 17 |
| file a petition for merger with the town
clerk within 3 years | 18 |
| after such refusal to agree or referendum.
| 19 |
| (h) Upon the effective date of the merger the township | 20 |
| shall assume and
succeed to all of the rights, powers, duties, | 21 |
| liabilities and functions of
the special district, including | 22 |
| assuming any indebtedness of the special
district, and the | 23 |
| special district shall be dissolved and cease to exist as
a | 24 |
| separate and distinct political subdivision. In connection | 25 |
| with such
rights, powers, duties, liabilities and functions the | 26 |
| township shall be
subject to, governed by and have the benefit | 27 |
| of the statutes, as then or
thereafter amended, and laws | 28 |
| affecting such a special district, including
without | 29 |
| limitation the right to levy taxes in such amounts as allowed | 30 |
| to
such a special district, but the right to levy taxes shall | 31 |
| exist only
within the area formerly comprising such merged | 32 |
| special district. Upon the
effective date of the merger all | 33 |
| books, records, equipment, property and
personnel held by, in | 34 |
| the custody of or employed by the special district
shall be | 35 |
| transferred to the township. The transfer shall not affect the
| 36 |
| status or employment benefits of transferred personnel.
|
|
|
|
HB1395 Enrolled |
- 4 - |
LRB094 10128 JAM 40389 b |
|
| 1 |
| (Source: P.A. 89-150, eff. 7-14-95 .)
|
|