Full Text of HB4026 93rd General Assembly
HB4026enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to townships.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Township Code is amended by changing
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| Sections 85-10, 140-5, and 240-5 as follows:
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| (60 ILCS 1/85-10)
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| Sec. 85-10. Township corporate powers.
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| (a) Every township has the corporate capacity to exercise | 9 |
| the
powers granted to it, or necessarily implied, and no
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| others. Every township has the powers specified in this | 11 |
| Section.
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| (b) A township may sue and be sued.
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| (c) A township may acquire (by purchase, gift, or legacy) | 14 |
| and hold property,
both real and personal, for the use of its | 15 |
| inhabitants and may sell and
convey that property. A township | 16 |
| may purchase any real estate or personal
property for public | 17 |
| purposes under contracts providing for payment in
installments | 18 |
| over a period of time of not more than 20 years in the case of
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| real estate and not more than 10 years in the case of personal | 20 |
| property.
A township may finance the purchase of any real | 21 |
| estate or personal property
for public purpose under finance | 22 |
| contracts providing for payment in
installments over a period | 23 |
| of time of not more than 20 years in the case of
real estate and | 24 |
| not more than 10 years in the case of personal property.
A | 25 |
| township may construct a township hall under contracts | 26 |
| providing for payment
over a period of time of not more than 10
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| 5 years. The interest on the unpaid
balance shall not exceed | 28 |
| that permitted in the Bond Authorization Act.
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| (d) A township may make all contracts necessary in the | 30 |
| exercise of the
township's powers.
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| (e) A township may expend or contract for the expenditure | 32 |
| of any federal
funds made available to the township by law for |
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| any purpose for which taxes
imposed upon township property or | 2 |
| property within the township may be expended.
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| (f) A township may acquire (singly or jointly with a | 4 |
| municipality or
municipalities) land or any interest in land | 5 |
| located within its township
limits. The township may acquire | 6 |
| the land or interest by gift, purchase, or
otherwise, but not | 7 |
| by condemnation. A township may (singly or jointly) improve
or | 8 |
| arrange for the improvement of the land for industrial or | 9 |
| commercial
purposes and may donate and convey the land or | 10 |
| interest in land so acquired
and so improved to the Illinois | 11 |
| Finance Authority.
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| (g) (Blank)
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| (h) It is the policy of this State that all powers granted | 14 |
| either expressly
or by necessary implication by this Code, any | 15 |
| other Illinois statute, or the
Illinois Constitution to | 16 |
| townships may be exercised by those
townships notwithstanding | 17 |
| effects on competition. It is the intention of the
General | 18 |
| Assembly that the "State action exemption" to the application | 19 |
| of
federal antitrust statutes be fully available to townships | 20 |
| to the extent
their activities are authorized by law as stated | 21 |
| in this Code.
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| (i) A township may receive funds under the federal Housing | 23 |
| and
Community Development Act of 1974 and may expend or | 24 |
| contract for the
expenditure of those funds and other township | 25 |
| funds for the
activities specified in Section 105 of that Act. | 26 |
| The powers granted under this
subsection (i) are in addition to | 27 |
| powers otherwise possessed by a township and
shall not be | 28 |
| construed as a limitation of those other powers.
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| (j) A township may establish reasonable fees for recreation | 30 |
| and
instructional programs sponsored by the township.
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| (Source: P.A. 93-205, eff. 1-1-04.)
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| (60 ILCS 1/140-5)
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| Sec. 140-5. Petition and referendum for township hall.
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| (a) Whenever it is desired to build, purchase, or lease, for a | 35 |
| longer period
than 10
5 years, a township hall, a multi-purpose |
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| senior center, or a
combined
township hall and multi-purpose | 2 |
| senior center in any township, at least 25
electors of the | 3 |
| township may, before the time of giving notice of the annual
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| township meeting, file with the township clerk a petition in | 5 |
| writing that the
proposition of building, purchasing, or | 6 |
| leasing a township hall, a
multi-purpose senior center, or a | 7 |
| combination township hall and multi-purpose
senior center and | 8 |
| issuing bonds for the building, purchase, or lease be
submitted | 9 |
| to the voters of the township at the next ensuing general | 10 |
| election.
The proposition shall be clearly stated in the | 11 |
| petition substantially as
follows: "Shall (name of township) | 12 |
| borrow $(amount) to (build, purchase, or
lease) a (township | 13 |
| hall, multi-purpose senior center, or combination
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| multi-purpose township hall and senior center) and issue bonds | 15 |
| for the
(building, purchase, or lease)?" The petition shall be | 16 |
| filed in the office of
the township clerk.
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| (b) The township clerk shall certify the proposition to the | 18 |
| proper election
officials, who shall submit the proposition to | 19 |
| the legal voters of the township
at an election in accordance | 20 |
| with the general election law. The form of the
proposition | 21 |
| shall be substantially as follows:
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| Shall (name of township) borrow $(amount) to (build, | 23 |
| purchase, or lease) a
(township hall, multi-purpose senior | 24 |
| center, or combination township hall and
multi-purpose | 25 |
| senior center) and issue bonds for the (building, purchase, | 26 |
| or
lease)?
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| The votes shall be recorded as "Yes" or "No".
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| (Source: P.A. 87-1254; 88-62.)
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| (60 ILCS 1/240-5)
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| Sec. 240-5. Borrowing money. The township board may borrow | 31 |
| money (i)
from any
bank or financial institution if the money | 32 |
| is to be repaid within 10 years
from the time it is borrowed or | 33 |
| (ii) , with the approval of the
highway
commissioner, from a | 34 |
| township
road district fund, if the money is
to be repaid | 35 |
| within one year from the time it is borrowed.
"Financial
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| institution" means any bank subject to the Illinois Banking | 2 |
| Act, any savings
and loan association subject to the Illinois | 3 |
| Savings and Loan Act of 1985,
and any federally chartered | 4 |
| commercial bank or savings and loan association
organized and | 5 |
| operated in this State under the laws of the United States.
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| (Source: P.A. 86-1179; 88-62.)
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| Section 10. The Illinois Highway Code is amended by | 8 |
| changing Section 6-107.1
as follows:
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| (605 ILCS 5/6-107.1) (from Ch. 121, par. 6-107.1)
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| Sec. 6-107.1. Road districts may borrow money from any bank | 11 |
| or other
financial institution or, in a township road district | 12 |
| and with the approval
of the town board of trustees, from the | 13 |
| town fund, provided such money
shall be repaid within 10 years
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| one year from the time the money is
borrowed.
"Financial | 15 |
| institution" means any bank subject to the Illinois Banking | 16 |
| Act,
any savings and loan association subject to the Illinois | 17 |
| Savings and Loan
Act of 1985, and any federally chartered | 18 |
| commercial bank or savings and
loan association organized and | 19 |
| operated in this State pursuant to the laws
of the United | 20 |
| States.
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| (Source: P.A. 85-514; 86-1179.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law. |
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