Full Text of SB0388 99th General Assembly
SB0388eng 99TH 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 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 | 17 | | are elected next following the certification of a successful | 18 | | referendum to dissolve a township and merge its territory into | 19 | | 2 adjacent townships under Article 23 of the Township Code, the | 20 | | qualified electors entitled to caucus, vote for, be nominated | 21 | | for, and run for offices in a receiving township shall also | 22 | | include those registered voters residing in the territory of | 23 | | the dissolving township described in the resolutions adopted |
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| 1 | | under Section 23-10 of the Township Code as the territory to be | 2 | | merged with the receiving township. For purposes of this | 3 | | subsection (b) only, "dissolving township" and "receiving | 4 | | township" have the meaning provided in Section 23-5 of the | 5 | | Township Code.
| 6 | | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
| 7 | | Sec. 28-1.
The initiation and submission of all public | 8 | | questions to
be voted upon by the electors of the State or of | 9 | | any political
subdivision or district or precinct or | 10 | | combination of precincts shall be
subject to the provisions of | 11 | | this Article.
| 12 | | Questions of public policy which have any legal effect | 13 | | shall be
submitted to referendum only as authorized by a | 14 | | statute which so
provides or by the Constitution. Advisory | 15 | | questions of public policy
shall be submitted to referendum | 16 | | pursuant to Section 28-5 or pursuant to
a statute which so | 17 | | provides.
| 18 | | The method of initiating the submission of a public | 19 | | question shall be
as provided by the statute authorizing such | 20 | | public question, or as
provided by the Constitution.
| 21 | | All public questions shall be initiated, submitted and | 22 | | printed on the
ballot in the form required by Section 16-7 of | 23 | | this Act, except as may
otherwise be specified in the statute | 24 | | authorizing a public question.
| 25 | | Whenever a statute provides for the initiation of a public |
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| 1 | | question
by a petition of electors, the provisions of such | 2 | | statute shall govern
with respect to the number of signatures | 3 | | required, the qualifications of
persons entitled to sign the | 4 | | petition, the contents of the petition, the
officer with whom | 5 | | the petition must be filed, and the form of the
question to be | 6 | | submitted. If such statute does not specify any of the
| 7 | | foregoing petition requirements, the corresponding petition | 8 | | requirements
of Section 28-6 shall govern such petition.
| 9 | | Irrespective of the method of initiation, not more than 3 | 10 | | public
questions other than (a) back door referenda, (b) | 11 | | referenda to
determine whether a disconnection may take place | 12 | | where a city coterminous
with a township is proposing to annex | 13 | | territory from an adjacent township, (c) referenda held under | 14 | | the provisions of the Property Tax Extension
Limitation Law in | 15 | | the Property Tax Code, or (d) referenda held under
Section | 16 | | 2-3002 of the Counties Code , or (e) referenda held under | 17 | | Article 22, 23 or 29 of the Township Code may be submitted to
| 18 | | referendum with respect to a political
subdivision at the same | 19 | | election.
| 20 | | If more than 3 propositions are timely initiated or | 21 | | certified for
submission at an election with respect to a | 22 | | political subdivision, the
first 3 validly initiated, by the | 23 | | filing of a petition or by the
adoption of a resolution or | 24 | | ordinance of a political subdivision, as the
case may be, shall | 25 | | be printed on the ballot and submitted at that
election. | 26 | | However, except as expressly authorized by law not more than
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| 1 | | one proposition to change the form of government of a | 2 | | municipality
pursuant to Article VII of the Constitution may be | 3 | | submitted at an
election. If more than one such proposition is | 4 | | timely initiated or
certified for submission at an election | 5 | | with respect to a municipality,
the first validly initiated | 6 | | shall be the one printed on the ballot and
submitted at that | 7 | | election.
| 8 | | No public question shall be submitted to the voters of a | 9 | | political
subdivision at any regularly scheduled election at | 10 | | which such voters are
not scheduled to cast votes for any | 11 | | candidates for nomination for, election
to or retention in | 12 | | public office, except that if, in any existing or proposed
| 13 | | political subdivision in which the submission of a public | 14 | | question at a
regularly scheduled election is desired, the | 15 | | voters of only a portion of
such existing or proposed political | 16 | | subdivision are not scheduled to cast votes
for nomination for, | 17 | | election to or retention in public office at such election,
but | 18 | | the voters in one or more other portions of such existing or | 19 | | proposed
political subdivision are scheduled to cast votes for | 20 | | nomination for, election
to or retention in public office at | 21 | | such election, the public question shall be
voted upon by all | 22 | | the qualified voters of the entire existing or proposed
| 23 | | political subdivision at the election.
| 24 | | Not more than 3 advisory public questions may be submitted | 25 | | to the
voters of the entire state at a general election. If | 26 | | more than 3 such advisory
propositions are initiated, the first |
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| 1 | | 3 timely and validly initiated
shall be the questions printed | 2 | | on the ballot and submitted at that
election; provided however, | 3 | | that a question for a proposed amendment to
Article IV of the | 4 | | Constitution pursuant to Section 3, Article XIV of the
| 5 | | Constitution, or for a question submitted under the Property | 6 | | Tax Cap
Referendum Law, shall not be included in the foregoing | 7 | | limitation.
| 8 | | (Source: P.A. 93-308, eff. 7-23-03.)
| 9 | | Section 10. The Counties Code is amended by changing the | 10 | | heading of Division 2-4 and by changing Section 2-4006 as | 11 | | follows:
| 12 | | (55 ILCS 5/Div. 2-4 heading) | 13 | | Division 2-4. Counties not under | 14 | | Township Organization
| 15 | | Organized as a Commission | 16 | | Form of Government
| 17 | | (55 ILCS 5/2-4006)
| 18 | | Sec. 2-4006. Terms of commissioners.
| 19 | | (a) In every county not under
township organization that is | 20 | | organized as a commission form of government having 3 | 21 | | commissioners elected at large as described in
subsection (b) | 22 | | or (c), the commissioners shall be elected as provided in this
| 23 | | Section.
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| 1 | | (b) In a county in which one commissioner was elected at | 2 | | the general
election in 1992 to serve for a term of 4 years and | 3 | | in which 2 commissioners
will be elected at the general | 4 | | election in 1994, the commissioner elected in
1994 and | 5 | | receiving the greatest number of votes shall serve for a term | 6 | | of 6
years. The other commissioner elected in 1994 shall serve | 7 | | for a term of 4
years. At the general election in 1996 and at | 8 | | each general election
thereafter, one commissioner shall be | 9 | | elected to serve for a term of 6 years.
| 10 | | (c) In a county in which 2 commissioners were elected at | 11 | | the general
election in 1992 to serve for terms of 4 years and | 12 | | in which one commissioner
will be elected at the general | 13 | | election in 1994, the commissioner elected in
1994 shall serve | 14 | | for a term of 4 years. The commissioner elected in 1996 and
| 15 | | receiving the greatest number of votes shall serve for a term | 16 | | of 6 years. The
other commissioner elected in 1996 shall serve | 17 | | for a term of 4 years. At the
general election in 1998 and at | 18 | | each general election thereafter, one
commissioner shall be | 19 | | elected to serve for a term of 6 years. | 20 | | (c-5) In Calhoun County, Edwards County, and Union County, | 21 | | the registered voters of the county may, upon referendum
| 22 | | initiated by (i) the adoption of a resolution of the
board of | 23 | | county commissioners or (ii) a petition signed by not less than | 24 | | 10% of the registered voters in the county, determine that the | 25 | | board of
county commissioners shall consist of 5
commissioners | 26 | | elected at large. The commissioners must certify
the question |
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| 1 | | to the proper election authority, which must
submit the | 2 | | question at an election in accordance with the
general election | 3 | | law. | 4 | | The question shall be submitted in substantially the
| 5 | | following form: | 6 | | "Shall the board of county commissioners of (county) | 7 | | consist of 5 commissioners elected at large?" | 8 | | Votes must be recorded as "Yes" or "No". If a majority of | 9 | | the electors voting on the question vote in the affirmative, | 10 | | then a 5-member board of county commissioners shall be | 11 | | established beginning with the next general election. The | 12 | | County Clerk, in consultation with the State's Attorney for the | 13 | | county, shall develop and present to the board of county | 14 | | commissioners, to implement by the adoption of a resolution, | 15 | | the transition of terms for the current 3-member board of | 16 | | commissioners and the addition of 2 commissioners for 6-year | 17 | | terms. Thereafter, commissioners shall be elected at each | 18 | | general election to fill expired terms.
| 19 | | (d) The provisions of this Section do not apply to | 20 | | commissioners elected
under Section 2-4006.5 of this Code.
| 21 | | (Source: P.A. 96-175, eff. 8-10-09.)
| 22 | | Section 15. The Township Code is amended by adding Articles | 23 | | 22, 23, and 29, and by changing Sections 25-15, 25-25 and 65-20 | 24 | | as follows: |
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| 1 | | (60 ILCS 1/Art. 22 heading new) | 2 | | ARTICLE 22. CONSOLIDATION OF | 3 | | MULTIPLE TOWNSHIPS | 4 | | (60 ILCS 1/22-5 new) | 5 | | Sec. 22-5. Resolution for consolidation; notice. | 6 | | (a) Notwithstanding any other provision of law to the | 7 | | contrary, the township boards of any 2 or more adjacent | 8 | | townships may, by identical resolutions of each board, propose | 9 | | consolidation by referendum: (i) into a new township; or (ii) | 10 | | into an existing township. Each resolution shall include, but | 11 | | is not limited to, the following: | 12 | | (1) the name of the proposed new consolidated township | 13 | | or the name of the existing township into which all | 14 | | townships will be consolidated; | 15 | | (2) a description of how each road district or road | 16 | | districts of a dissolving township shall comply with | 17 | | subsection (c) of Section 22-20 if a township will be | 18 | | consolidating into an existing township; | 19 | | (3) the names of all townships that will be | 20 | | consolidating and a description of the area of | 21 | | consolidation; and | 22 | | (4) the date of the general election at which the | 23 | | referendum shall be held. | 24 | | All resolutions shall be passed not less than 79 days | 25 | | before the general election stated in the resolutions. For |
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| 1 | | purposes of this Section, 3 or more townships are adjacent when | 2 | | each township shares a boundary with at least one of the other | 3 | | townships which are to be consolidated. | 4 | | (b) Before passing a resolution under subsection (a), each | 5 | | township board shall hold a public hearing on those matters | 6 | | after notice of the hearing has been published in a newspaper | 7 | | having a general circulation in the townships affected. The | 8 | | notice shall be published at least 30 days before the date of | 9 | | the hearing. The notice shall contain, at a minimum, the name | 10 | | of all townships that will be consolidating and a description | 11 | | of the area of consolidation. | 12 | | (60 ILCS 1/22-10 new) | 13 | | Sec. 22-10. Referendum. | 14 | | (a) Upon the adoption of resolutions under Section 22-5 by | 15 | | each township, the township boards shall certify the question | 16 | | to the election authority and the authority shall cause to be | 17 | | submitted to the voters of each township at the general | 18 | | election specified in the resolutions a referendum to | 19 | | consolidate the townships. The referendum shall be | 20 | | substantially in the following form: | 21 | | Shall (names of townships) be consolidated into [a new | 22 | | township called (name of proposed consolidated | 23 | | township)/the township of (name of existing township)]? | 24 | | The votes shall be recorded as "Yes" or "No". The | 25 | | referendum is approved when a majority of the voters, in each |
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| 1 | | of the affected townships, approve the referendum. | 2 | | (b) Before a referendum appears on the ballot under | 3 | | subsection (a), each township board shall publish a copy of the | 4 | | adopted resolution in a newspaper having a general circulation | 5 | | in each of the townships affected. The notice shall be | 6 | | published at least 30 days before the date of the general | 7 | | election in which the referendum will appear. | 8 | | Each township board shall additionally mail a copy of the | 9 | | adopted resolution, along with a copy of the referendum | 10 | | language and a list of all taxes levied for general township | 11 | | purposes in the affected townships, to every registered voter | 12 | | in each township affected. The notice shall be mailed at least | 13 | | 30 days before the date of the general election in which the | 14 | | referendum will appear. | 15 | | (c) Notwithstanding any provision of law to the contrary, | 16 | | no tax rate may be extended for any fund of the consolidated | 17 | | district for the first levy year of the consolidated district | 18 | | that exceeds any statutory maximum set forth for that fund, | 19 | | unless the referendum also conforms to the requirements of the | 20 | | Property Tax Extension Limitation Law or other statutory | 21 | | provision setting forth that limitation. | 22 | | (60 ILCS 1/22-15 new) | 23 | | Sec. 22-15. Transition. Notwithstanding any other | 24 | | provision of law to the contrary, upon the approval of a | 25 | | referendum under Section 22-10: |
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| 1 | | (a) There shall be no further nominations or elections for | 2 | | clerks, assessors, collectors, highway commissioners, | 3 | | supervisors, or trustees of any of the separate townships or | 4 | | highway commissions, and the terms of all such officers | 5 | | currently serving shall continue until the third Monday of May | 6 | | of the year in which township officials are elected next | 7 | | following the approval of a referendum under Section 22-10. | 8 | | (b) A Transition Township Board is formed and is composed | 9 | | of the members of the separate townships boards. The Transition | 10 | | Township Board shall have only the following powers: (1) to | 11 | | propose and approve the compensation of all officials of the | 12 | | consolidated township that will be elected at the consolidated | 13 | | election next following the passage of the referendum under | 14 | | Section 22-10; and (2) to propose and approve additional debt | 15 | | to be taken on by any of the separate townships. | 16 | | (c) The Transition Township Board shall hold a public | 17 | | hearing no later than the last Tuesday in December before the | 18 | | consolidated township board of trustees are elected next | 19 | | following the approval of a referendum under Section 22-10. If | 20 | | the Board cannot agree on the compensation for an official by | 21 | | the first Tuesday in April before the consolidated election of | 22 | | township officials next following the approval of a referendum | 23 | | under Section 22-10, then the compensation for that official | 24 | | shall be equal to the lowest compensation for the same office | 25 | | between the separate townships in the previous calendar year. | 26 | | (d) The separate townships shall not incur any additional |
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| 1 | | debt without the approval of the Transition Township Board. For | 2 | | purposes of this Section, "debt" shall have the meaning | 3 | | ascribed to that term in Section 23-5. | 4 | | (e) Section 3-7 of the Election Code shall govern those | 5 | | individuals entitled to caucus, vote for, be nominated for, and | 6 | | run for offices for the consolidated township at the | 7 | | consolidated election of township officials next following the | 8 | | approval of a referendum under Section 22-10. | 9 | | (60 ILCS 1/22-20 new) | 10 | | Sec. 22-20. Consolidated township. | 11 | | (a) On the third Monday of May of the year in which | 12 | | township officials are elected following the approval of a | 13 | | referendum under Section 22-10, the following shall occur: | 14 | | (1) the separate townships cease and the consolidated | 15 | | township is created; | 16 | | (2) all rights, powers, duties, assets, and property, | 17 | | together with all personnel, contractual obligations, | 18 | | other obligations, responsibilities, and liabilities of | 19 | | the separate townships are transferred to the consolidated | 20 | | township; those rights include, but are not limited to, the | 21 | | authority to continue to collect, receive, and expend the | 22 | | proceeds of any tax levied by any of the separate townships | 23 | | prior to the creation of the consolidated township without | 24 | | an additional ordinance, resolution, or referendum; 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 shall be | 2 | | expended or disposed of by the consolidated township in the | 3 | | same manner as such assessments might have been expended or | 4 | | disposed of by the separate townships; however, if the | 5 | | consolidated township board determines that there is a | 6 | | surplus in the fund for general township purposes on | 7 | | December 31 of the calendar year in which the consolidation | 8 | | occurs, then any portion of the surplus that is solely | 9 | | attributable to the consolidation shall be refunded to the | 10 | | owners of record of taxable property within the | 11 | | consolidated district on a pro rata basis; and | 12 | | (3) road districts located within the separate | 13 | | townships are abolished. | 14 | | (b) When a new township is created, a new road district | 15 | | encompassing the consolidated township is created. All the | 16 | | rights, powers, duties, assets, property, liabilities, | 17 | | obligations, and responsibilities of the separate road | 18 | | districts shall vest in and be assumed by the new road district | 19 | | as provided for in the resolutions adopted under Section 22-5. | 20 | | The new township board of trustees shall exercise the taxing | 21 | | authority of a road district abolished under this Section. The | 22 | | highway commissioners of the abolished road districts shall | 23 | | cease to hold office on the date the road district is | 24 | | abolished. The new township board shall exercise all duties and | 25 | | responsibilities of the highway commissioner as provided in the | 26 | | Illinois Highway Code. For purposes of distribution of revenue, |
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| 1 | | the new township shall assume the powers, duties, and | 2 | | obligations of the road district of the dissolving road | 3 | | district. The new township board may enter into a contract with | 4 | | the county, a municipality, or a private contractor
to | 5 | | administer the roads under the new road district. | 6 | | (c) When a township consolidates into an existing township, | 7 | | all the rights, powers, duties, assets, property, liabilities, | 8 | | obligations, and responsibilities of the abolished road | 9 | | districts shall vest in and be assumed by the existing | 10 | | township's road district as provided for in the resolutions | 11 | | adopted under Section 22-5. The consolidated township board of | 12 | | trustees shall exercise the taxing authority of a road district | 13 | | abolished under this Section. Highway commissioners of the | 14 | | abolished road districts shall cease to hold office on the date | 15 | | the road district is abolished. The consolidated township shall | 16 | | exercise all duties and responsibilities of the highway | 17 | | commissioner as provided in the Illinois Highway Code. For | 18 | | purposes of distribution of revenue, the existing township's | 19 | | road district or districts shall assume the powers, duties, and | 20 | | obligations of the road district of the dissolving road | 21 | | district. | 22 | | (60 ILCS 1/Art. 23 heading new) | 23 | | ARTICLE 23. MERGER OF A SINGLE | 24 | | TOWNSHIP INTO TWO OTHER TOWNSHIPS |
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| 1 | | (60 ILCS 1/23-5 new) | 2 | | Sec. 23-5. Definitions. As used in this Article: | 3 | | "Dissolving road district" means a road district in a | 4 | | dissolving township, which is dissolved under subsection (c) of | 5 | | Section 23-25. | 6 | | "Dissolving township" means a township which is proposed to | 7 | | be dissolved into and be merged with 2 other adjacent | 8 | | townships. | 9 | | "Equalized assessed value" has the meaning provided in | 10 | | Section 18-213 of the Property Tax Code. | 11 | | "Debt" means indebtedness incurred by a dissolving | 12 | | township including, but not limited to, mortgages, judgments, | 13 | | and moneys due through the issuance and sale of bonds, or | 14 | | through an equivalent manner of borrowing for which notes or | 15 | | other evidences of indebtedness are issued fixing the amount of | 16 | | principal and interest from time to time payable to retire the | 17 | | indebtedness. | 18 | | "Receiving township" means a township into which a portion | 19 | | of the dissolving township will be merged. | 20 | | (60 ILCS 1/23-10 new) | 21 | | Sec. 23-10. Resolution for merger; notice. | 22 | | (a) Notwithstanding any other provision of law to the | 23 | | contrary, the township boards of any 3 adjacent townships may, | 24 | | by identical resolutions of each board, propose that a township | 25 | | which borders the other 2 townships be dissolved by referendum |
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| 1 | | and all rights, powers, duties, assets, and property, together | 2 | | with all personnel, contractual obligations, other | 3 | | obligations, responsibilities, and liabilities of the | 4 | | dissolving township transferred to the receiving townships. | 5 | | Each resolution shall include, but is not limited to, the | 6 | | following: | 7 | | (1) a legal description of the former territory of the | 8 | | dissolving township each receiving township will take upon | 9 | | the dissolution of the dissolving township; | 10 | | (2) a description of how all assets and property, | 11 | | together with all personnel, contractual obligations, | 12 | | other obligations, responsibilities, and liabilities of | 13 | | the dissolving township will be transferred to the | 14 | | receiving townships; | 15 | | (3) the tax rates for general township purposes for the | 16 | | immediately preceding levy year, as extended and collected | 17 | | in the year in which the resolution is adopted, for the | 18 | | dissolving township and each receiving township; | 19 | | (4) a description and amount of all debt each receiving | 20 | | township shall assume after the dissolving township | 21 | | dissolves. The debt shall be assumed by each receiving | 22 | | township in equal proportion to the equalized assessed | 23 | | value of the land and property that will be received by | 24 | | each receiving township from the dissolving township | 25 | | unless otherwise agreed to in the resolutions; | 26 | | (5) a description of how each road district or road |
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| 1 | | districts of a dissolving township shall comply with | 2 | | subsection (c) of Section 23-25; and | 3 | | (6) the date of the general election at which the | 4 | | referendum shall be held. | 5 | | All resolutions shall be passed not less than 79 days | 6 | | before the general election stated in the resolutions. | 7 | | (b) Before passing a resolution under this Section, 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 the dissolving township and receiving townships and a | 14 | | description of the area each receiving township will receive | 15 | | from the dissolving township. | 16 | | (60 ILCS 1/23-15 new) | 17 | | Sec. 23-15. Referendum and notices. | 18 | | (a) Upon the adoption of resolutions under Section 23-10 by | 19 | | all townships, the township boards shall certify the question | 20 | | to the election authority and the authority shall cause to be | 21 | | submitted to the voters of all townships at the general | 22 | | election specified in the resolutions a referendum to | 23 | | consolidate the townships. The referendum shall be | 24 | | substantially in the following form: | 25 | | Shall (name of dissolving township) be dissolved into |
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| 1 | | (names of receiving townships)? | 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), the township boards 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. | 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 | | (60 ILCS 1/23-20 new) | 19 | | Sec. 23-20. Transition. | 20 | | (a) Notwithstanding any other provision of law to the | 21 | | contrary, upon the approval of a referendum under Section | 22 | | 23-15: | 23 | | (1) there shall be no further nominations or elections | 24 | | for clerks, assessors, collectors, highway commissioners, | 25 | | supervisors, or trustees of the dissolving township or |
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| 1 | | highway commissions and the terms of all such officers | 2 | | currently serving shall continue until the third Monday of | 3 | | May of the year in which township officials are elected | 4 | | following the approval of a referendum under Section 23-15; | 5 | | (2) a Transition Township Board is formed for each | 6 | | receiving township. Each Transition Township Board shall | 7 | | be composed of the members of the dissolving township | 8 | | boards plus the members of the receiving township board. | 9 | | The Transition Township Board shall only have authority to | 10 | | do the following under paragraphs (3) and (4) of this | 11 | | Section: provide for the compensation for all receiving | 12 | | township officials that will be elected at the consolidated | 13 | | election next following the approval of a referendum under | 14 | | Section 23-15; and approving additional debt to be taken on | 15 | | by the dissolving township; | 16 | | (3) each Transition Township Board shall hold a public | 17 | | meeting no later than the first Tuesday in April before the | 18 | | receiving townships' boards of trustees are elected at the | 19 | | consolidated election next following the approval of a | 20 | | referendum under Section 23-15. At this public meeting, the | 21 | | Transition Township Board shall provide for the | 22 | | compensation for all township officials that will be | 23 | | elected at the consolidated election. If the Board cannot | 24 | | agree on the compensation for an official, then the | 25 | | compensation for the same office between the receiving and | 26 | | dissolving townships shall be the lower compensation for |
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| 1 | | the office in the dissolving township or receiving | 2 | | township; | 3 | | (4) the dissolving township shall not incur any | 4 | | additional debt without the approval of the Transition | 5 | | Township Board of each receiving township that would assume | 6 | | such debt after dissolution of the dissolving township; and | 7 | | (5) Section 3-7 of the Election Code shall govern those | 8 | | individuals entitled to caucus, vote for, be nominated for, | 9 | | and run for offices for the receiving townships at the | 10 | | consolidated election of township officials next following | 11 | | the approval of a referendum under Section 23-15. | 12 | | (b) Upon the approval of a referendum under Section 23-15, | 13 | | the receiving townships may enter into an intergovernmental | 14 | | agreement under the Intergovernmental Cooperation Act for any | 15 | | lawful purpose relating to the land or property contained in | 16 | | the dissolving township after the township is dissolved. | 17 | | (60 ILCS 1/23-25 new) | 18 | | Sec. 23-25. Merged township. On the third Monday of May of | 19 | | the year in which township officials are elected following the | 20 | | approval of a referendum under Section 23-15, the following | 21 | | shall occur: | 22 | | (a) The dissolving township ceases. | 23 | | (b) 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 dissolving township are transferred to the receiving | 2 | | townships as provided in the resolution adopted under | 3 | | Section 23-10. The rights include, but are not limited to, | 4 | | the authority to continue to collect and receive any tax | 5 | | levied prior to the creation of the merged townships | 6 | | without an additional ordinance, resolution, or | 7 | | referendum. | 8 | | (c) Road districts located within the dissolving | 9 | | township are abolished and all the rights, powers, duties, | 10 | | assets, property, liabilities, obligations, and | 11 | | responsibilities of the dissolving road districts shall | 12 | | vest in and be assumed by the receiving townships' road | 13 | | districts as provided for in the resolutions adopted under | 14 | | Section 23-10; the boards of trustees of the receiving | 15 | | townships shall exercise the taxing authority of a road | 16 | | district dissolved under this Section and shall exercise | 17 | | all duties and responsibilities of the highway | 18 | | commissioner as provided in the Illinois Highway Code | 19 | | unless a road district in the receiving township has a | 20 | | highway commissioner who shall assume all duties and | 21 | | responsibilities of the highway commissioner of the | 22 | | dissolving road districts if so resolved by the receiving | 23 | | township board; highway commissioners of the dissolving | 24 | | road districts shall cease to hold office on the date the | 25 | | road district is abolished; and for purposes of | 26 | | distribution of revenue, the receiving townships' road |
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| 1 | | districts, or the township board if no road districts | 2 | | exist, shall assume the powers, duties, and obligations of | 3 | | the dissolving road district.
| 4 | | (60 ILCS 1/25-15)
| 5 | | Sec. 25-15. Selection of county governing body; election | 6 | | Election of county commissioners . When township organization
| 7 | | ceases in any county as provided in this Article, the county | 8 | | board may by ordinance or resolution restructure into a | 9 | | commission form of government on or before 180 days after a | 10 | | township organization ceases. If the county board votes to | 11 | | assume a commission form of government, an election shall be | 12 | | held in
the county at the next general election in an | 13 | | even-numbered year for 3 county
commissioners who shall hold | 14 | | office for 2, 4, and 6 years, respectively, and
until their | 15 | | successors are elected and qualified. Terms shall be determined | 16 | | by
lot. At each succeeding general election after the first, | 17 | | one commissioner
shall be elected.
| 18 | | (Source: P.A. 82-783; 88-62.)
| 19 | | (60 ILCS 1/25-25)
| 20 | | Sec. 25-25. Disposal of township records and property. When | 21 | | township
organization is discontinued in any county, the | 22 | | records of the several
townships shall be deposited in the | 23 | | county clerk's office. The county
board or board of county | 24 | | commissioners of the county may close up all unfinished |
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| 1 | | business of the several
townships and sell or and dispose of | 2 | | any of the property belonging to a township
for the benefit of | 3 | | the inhabitants of the township, as fully as might have been
| 4 | | done by the townships themselves. The county board or board of | 5 | | county commissioners may pay all the
indebtedness of any | 6 | | township existing at the time of the discontinuance of
township | 7 | | organization and cause the amount of the indebtedness, or so | 8 | | much as
may be necessary, to be levied upon the property of the | 9 | | township.
| 10 | | (Source: P.A. 82-783; 88-62.)
| 11 | | (60 ILCS 1/Art. 29 heading new) | 12 | | ARTICLE 29. DISCONTINUANCE OF | 13 | | TOWNSHIP WITHIN COTERMINOUS | 14 | | MUNICIPALITY: ALL TOWNSHIPS | 15 | | (60 ILCS 1/29-5 new) | 16 | | Sec. 29-5. Resolutions to discontinue and abolish a | 17 | | township. The township board and the corporate authorities of a | 18 | | coterminous, or substantially coterminous, municipality may by | 19 | | resolutions of the board and corporate authorities, and after | 20 | | referendum of the voters of the township and municipality: (1) | 21 | | discontinue and abolish the township; (2) transfer all the | 22 | | rights, powers, duties, assets, property, liabilities, | 23 | | obligations, and responsibilities of the township to the | 24 | | municipality; and (3) cease and dissolve all township road |
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| 1 | | districts with the district's jurisdiction and authority | 2 | | transferred to the municipality upon the dissolution of the | 3 | | township. | 4 | | (60 ILCS 1/29-10 new) | 5 | | Sec. 29-10. Notice. | 6 | | (a) Before passing resolutions under Section 29-5, the | 7 | | township board and the corporate authorities of the | 8 | | municipality shall hold public hearings on those matters after | 9 | | notice of the hearing has been published in a newspaper having | 10 | | general circulation in the township and municipality. The | 11 | | notice shall be published at least 30 days before the date of | 12 | | the hearing. | 13 | | (b) Before a referendum is placed on the ballot under | 14 | | Section 29-15, each township board shall publish a copy of the | 15 | | resolution adopted under Section 29-5 in a newspaper of general | 16 | | circulation in the township and municipality affected. The | 17 | | notice shall be published at least 30 days before the date of | 18 | | the general election in which the referendum will appear. | 19 | | Each township board shall additionally mail a copy of the | 20 | | adopted resolution, along with a copy of the referendum | 21 | | language, the date the referendum will appear, and a list of | 22 | | all taxes levied in the affected townships, to every registered | 23 | | voter in each township affected. The notice shall be mailed at | 24 | | least 30 days before the date of the election in which the | 25 | | referendum will appear. |
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| 1 | | (60 ILCS 1/29-15 new) | 2 | | Sec. 29-15. Referendum for cessation of township. Upon the | 3 | | adoption of resolutions under Section 29-5 by both the township | 4 | | and municipality, the township board and corporate authorities | 5 | | of the municipality shall certify the question to the election | 6 | | authority and the authority shall cause to be submitted to the | 7 | | voters of the township and municipality at the next election a | 8 | | referendum to discontinue the township and to transfer all the | 9 | | rights, powers, duties, assets, property, liabilities, | 10 | | obligations, and responsibilities of the township to the | 11 | | municipality. The referendum shall be substantially in the | 12 | | following form: | 13 | | Shall the township of (name
of township) Township | 14 | | cease? | 15 | | The votes shall be recorded as "Yes" or "No". The | 16 | | referendum is approved when a majority of the voters, in both | 17 | | the township and municipality, approve the referendum. | 18 | | If the referendum is approved there shall be no further | 19 | | nominations or elections for clerks, assessors, collectors, | 20 | | highway commissioners, supervisors, or trustees of the | 21 | | township or highway commission, and the terms of all such | 22 | | officers currently serving shall continue until the third | 23 | | Monday of May of the year of the consolidated election in which | 24 | | township officials are elected next following the approval of a | 25 | | referendum under this Section. |
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| 1 | | (60 ILCS 1/29-20 new) | 2 | | Sec. 29-20. Cessation of township. On the third Monday in | 3 | | May in the year of the consolidated election in which township | 4 | | officials are elected next following the approval of a | 5 | | referendum under Section 29-15: | 6 | | (1) the township is discontinued and abolished and all | 7 | | the rights, powers, duties, assets, property, liabilities, | 8 | | obligations, and responsibilities of the township shall | 9 | | vest in and be assumed by the municipality, including the | 10 | | authority to levy property taxes for township purposes in | 11 | | the same manner as the dissolved township without an | 12 | | additional ordinance, resolution, or referendum; | 13 | | (2) all township officers shall cease to hold office; | 14 | | (3) the municipality shall exercise all duties and | 15 | | responsibilities of the township officers as provided in | 16 | | the Township Code, the Illinois Public Aid Code, the | 17 | | Property Tax Code, and the Illinois Highway Code, as | 18 | | applicable. The municipality may enter into an | 19 | | intergovernmental agreement with the county or the State to | 20 | | administer the duties and responsibilities of the township | 21 | | officers for services under its jurisdiction; and | 22 | | (4) any road district located within the township is | 23 | | abolished and its jurisdiction, rights, powers, duties, | 24 | | assets, property, liabilities, obligations, and | 25 | | responsibilities shall vest in and be assumed by the |
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| 1 | | municipality and the highway commissioner of the abolished | 2 | | road district shall cease to hold office. The corporate | 3 | | authorities of the municipality shall: exercise the taxing | 4 | | authority of a road district abolished under this Section; | 5 | | exercise all duties and responsibilities of the highway | 6 | | commissioner as provided in the Illinois Highway Code; and | 7 | | for purposes of distribution of revenue, assume the powers, | 8 | | duties, and obligations of the road district in the | 9 | | discontinued township. The corporate authorities of a | 10 | | municipality may enter into an intergovernmental agreement | 11 | | or a contract with the county, another municipality, or a | 12 | | private contractor to administer the roads which were under | 13 | | the jurisdiction of the abolished road district. | 14 | | (60 ILCS 1/29-25 new) | 15 | | Sec. 29-25. Business, records, and property of | 16 | | discontinued township. The records of a township discontinued | 17 | | under this Article shall be deposited in the municipality's | 18 | | city clerk's office. The municipality may close up all | 19 | | unfinished business of the township and sell and dispose of any | 20 | | of the property belonging to the township for benefit of the | 21 | | inhabitants of the municipality.
| 22 | | (60 ILCS 1/65-20)
| 23 | | Sec. 65-20. Road district treasurer; new township; | 24 | | multi-township
officers. |
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| 1 | | (a) Compensation of township officers shall be set by the | 2 | | township board
at least 180 days before the beginning of the | 3 | | terms of officers,
including compensation of the road district | 4 | | treasurer, which shall be not less
than $100 or more than | 5 | | $1,000 per year.
Compensation of a township assessor and | 6 | | collector shall be set at the same
time as the compensation of | 7 | | the township supervisor. Compensation of a
multi-township | 8 | | assessor shall be set at least 150 days before his or her
| 9 | | election.
| 10 | | (b) The compensation to be paid to each officer in a new | 11 | | township
established under Section 10-25 shall be determined | 12 | | under this Section by
the township board of the township the | 13 | | whole or a part of which
comprises the new township and that | 14 | | has the highest equalized assessed
valuation (as of December | 15 | | 31, 1972) of the old townships that comprise the new
township.
| 16 | | (c) At least 150 days before the
election of multi-township | 17 | | officers, the multi-township board may establish
additional | 18 | | pay of those board members for their services in an amount not | 19 | | to
exceed $25 per day for each day of services.
| 20 | | (d) For the first term of a township consolidated or merged | 21 | | under Article 22 or 23, compensation for township officers of | 22 | | the consolidated or merged township shall be set by the | 23 | | Transition Township Board no later than the first day in April | 24 | | before the consolidated election at which the township officers | 25 | | are to be elected. | 26 | | (Source: P.A. 90-210, eff. 7-25-97.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law. |
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