[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
92_HB4429eng HB4429 Engrossed LRB9212490BDdvA 1 AN ACT concerning townships. 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 5 Sections 35-55, 85-10, 140-5, 240-5, and 245-5 as follows: 6 (60 ILCS 1/35-55) 7 Sec. 35-55. Senior citizens services; authorization of 8 tax levy. 9 (a) The electors may authorize the township board to 10 levy a tax (at a rate of not more than 0.15% of the value, as 11 equalized and assessed by the Department of Revenue, of all 12 taxable property in the township) for the sole and exclusive 13 purpose of providing services to senior citizens under 14 Article 220 including, but not limited to, the construction, 15 maintenance, repair, and operation of a senior citizens 16 center270. If the board desires to levy the tax, it shall 17 order a referendum on the proposition to be held at an 18 election in accordance with the general election law. The 19 board shall certify the proposition to the proper election 20 officials, who shall submit the proposition to the voters at 21 an election in accordance with the general election law. If a 22 majority of the votes cast on the proposition is in favor of 23 the proposition, the board may annually levy the tax in 24 addition to any other taxes set forth in Article 235 of this 25 Act, but subject to the extension limitations in the Property 26 Tax Extension Limitation Law of the Property Tax Code. 27 (b) If the township board of any township authorized to 28 levy a tax under this Section pursuant to a referendum held 29 before January 1, 1987, desires to increase the maximum rate 30 of the tax to 0.15% of the value, as equalized and assessed 31 by the Department of Revenue, of all taxable property in the HB4429 Engrossed -2- LRB9212490BDdvA 1 township, it shall order a referendum on that proposition to 2 be held at an election in accordance with the general 3 election law. The board shall certify the proposition to the 4 proper election officials, who shall submit the proposition 5 to the voters at an election in accordance with the general 6 election law. If a majority of the votes cast on the 7 proposition is in favor of the proposition, the maximum tax 8 rate shall be so increased. 9 (Source: P.A. 85-742; 88-62; revised 12-13-01.) 10 (60 ILCS 1/85-10) 11 Sec. 85-10. Township corporate powers. 12 (a) Every township has the corporate capacity to 13 exercise the powers granted to it, or necessarily implied, 14 and no others. Every township has the powers specified in 15 this Section. 16 (b) A township may sue and be sued. 17 (c) A township may acquire (by purchase, gift, or 18 legacy) and hold property, both real and personal, for the 19 use of its inhabitants and may sell and convey that property. 20 A township may purchase any real estate or personal property 21 for public purposes under contracts providing for payment in 22 installments over a period of time of not more than 20 years 23 in the case of real estate and not more than 10 years in the 24 case of personal property. A township may finance the 25 purchase of any real estate or personal property for public 26 purpose under finance contracts providing for payment in 27 installments over a period of time of not more than 20 years 28 in the case of real estate and not more than 10 years in the 29 case of personal property. A township may construct a 30 township hall under contracts providing for payment over a 31 period of time of not more than 105years. The interest on 32 the unpaid balance shall not exceed that permitted in the 33 Bond Authorization Act. HB4429 Engrossed -3- LRB9212490BDdvA 1 (d) A township may make all contracts necessary in the 2 exercise of the township's powers. 3 (e) A township may expend or contract for the 4 expenditure of any federal funds made available to the 5 township by law for any purpose for which taxes imposed upon 6 township property or property within the township may be 7 expended. 8 (f) A township may acquire (singly or jointly with a 9 municipality or municipalities) land or any interest in land 10 located within its township limits. The township may acquire 11 the land or interest by gift, purchase, or otherwise, but not 12 by condemnation. A township may (singly or jointly) improve 13 or arrange for the improvement of the land for industrial or 14 commercial purposes and may donate and convey the land or 15 interest in land so acquired and so improved to the Illinois 16 Development Finance Authority. 17 (g) (Blank) 18 (h) It is the policy of this State that all powers 19 granted either expressly or by necessary implication by this 20 Code, any other Illinois statute, or the Illinois 21 Constitution to townships may be exercised by those townships 22 notwithstanding effects on competition. It is the intention 23 of the General Assembly that the "State action exemption" to 24 the application of federal antitrust statutes be fully 25 available to townships to the extent their activities are 26 authorized by law as stated in this Code. 27 (i) A township may receive funds under the federal 28 Housing and Community Development Act of 1974 and may expend 29 or contract for the expenditure of those funds and other 30 township funds for the activities specified in Section 105 of 31 that Act. The powers granted under this subsection (i) are 32 in addition to powers otherwise possessed by a township and 33 shall not be construed as a limitation of those other powers. 34 (j) A township may establish reasonable fees for HB4429 Engrossed -4- LRB9212490BDdvA 1 recreation and instructional programs sponsored by the 2 township. 3 (Source: P.A. 88-62; incorporates 88-356 and 88-360; 88-670, 4 eff. 12-2-94; 89-331, eff. 8-17-95.) 5 (60 ILCS 1/140-5) 6 Sec. 140-5. Petition and referendum for township hall. 7 (a) Whenever it is desired to build, purchase, or lease, 8 for a longer period than 105years, a township hall, a 9 multi-purpose senior center, or a combined township hall and 10 multi-purpose senior center in any township, at least 25 11 electors of the township may, before the time of giving 12 notice of the annual township meeting, file with the township 13 clerk a petition in writing that the proposition of building, 14 purchasing, or leasing a township hall, a multi-purpose 15 senior center, or a combination township hall and 16 multi-purpose senior center and issuing bonds for the 17 building, purchase, or lease be submitted to the voters of 18 the township at the next ensuing general election. The 19 proposition shall be clearly stated in the petition 20 substantially as follows: "Shall (name of township) borrow 21 $(amount) to ( build, purchase, or lease) a (township hall, 22 multi-purpose senior center, or combination multi-purpose 23 township hall and senior center) and issue bonds for the 24 (building, purchase, or lease)?" The petition shall be filed 25 in the office of the township clerk. 26 (b) The township clerk shall certify the proposition to 27 the proper election officials, who shall submit the 28 proposition to the legal voters of the township at an 29 election in accordance with the general election law. The 30 form of the proposition shall be substantially as follows: 31 Shall (name of township) borrow $(amount) to ( 32 build, purchase, or lease) a (township hall, 33 multi-purpose senior center, or combination township hall HB4429 Engrossed -5- LRB9212490BDdvA 1 and multi-purpose senior center) and issue bonds for the 2 (building, purchase, or lease)? 3 The votes shall be recorded as "Yes" or "No". 4 (Source: P.A. 87-1254; 88-62.) 5 (60 ILCS 1/240-5) 6 Sec. 240-5. Borrowing money. The township board may 7 borrow money (i) from any bank or financial institution if 8 the money is to be repaid within 10 years from the time it is 9 borrowed or (ii),with the approval of the highway 10 commissioner, from a township road district fund, if the 11 money is to be repaid within one year from the time it is 12 borrowed. "Financial institution" means any bank subject to 13 the Illinois Banking Act, any savings and loan association 14 subject to the Illinois Savings and Loan Act of 1985, and any 15 federally chartered commercial bank or savings and loan 16 association organized and operated in this State under the 17 laws of the United States. 18 (Source: P.A. 86-1179; 88-62.) 19 (60 ILCS 1/245-5) 20 Sec. 245-5. Resolution at township meeting for transfer 21 among township funds. 22 (a) The legal voters of a township at an annual township 23 meeting or at a special township meeting called for that 24 purpose may, by written resolution by a majority vote of the 25 legal voters present and voting on the resolution, transfer 26 from one or more township funds, including the general 27 assistance fund, to any other township fund or funds, or to 28 the general road and bridge fund, or to any fund raised by 29 taxation or bonds upon all the property in the township for 30 roads and bridges, the surplus of any fund or funds over and 31 above an amount necessary to meet township charges and 32 expenses until the time of receiving revenue levied at the HB4429 Engrossed -6- LRB9212490BDdvA 1 next annual township meeting. The fund or funds ordered 2 transferred shall be transferred and paid into the other fund 3 or funds and shall be paid out on proper orders of officers 4 authorized by law to expend the fund or funds. 5 (b) A resolution adopted under this Section shall 6 specify the estimated amount of the proper and necessary 7 charges and expenses of the township against the fund or 8 funds until the time of the receipt of revenue after the next 9 annual township meeting and the particular amount of surplus 10 of the township fund or funds to be paid over, shall 11 designate the particular fund or funds to be transferred to 12 and paid into, and shall be submitted to the township meeting 13 in writing or reduced to writing before any vote is taken on 14 it. 15 (c) Whenever it is desired to submit the resolution at a 16 special township meeting, a special township meeting may be 17 called when the supervisor, together with at least 25 voters 18 of the township, file with the township clerk a written 19 petition stating the purpose for which the special township 20 meeting is to be called. Upon the filing of the petition, 21 the township clerk shall give notice of the special township 22 meeting in the same manner and for the same length of time as 23 notice is required to be given of the annual township 24 meeting. The notice shall state the object of the special 25 meeting. The special meeting shall be held at the place of 26 the last annual township meeting. 27 (Source: P.A. 85-293; 88-62.) 28 Section 10. The Illinois Highway Code is amended by 29 changing Section 6-107.1 as follows: 30 (605 ILCS 5/6-107.1) (from Ch. 121, par. 6-107.1) 31 Sec. 6-107.1. Road districts may borrow money from any 32 bank or other financial institution or, in a township road HB4429 Engrossed -7- LRB9212490BDdvA 1 district and with the approval of the town board of trustees, 2 from the town fund, provided such money shall be repaid 3 within 10 yearsone yearfrom the time the money is borrowed. 4 "Financial institution" means any bank subject to the 5 Illinois Banking Act, any savings and loan association 6 subject to the Illinois Savings and Loan Act of 1985, and any 7 federally chartered commercial bank or savings and loan 8 association organized and operated in this State pursuant to 9 the laws of the United States. 10 (Source: P.A. 85-514; 86-1179.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.