Illinois General Assembly - Full Text of Public Act 101-0519
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Public Act 101-0519


 

Public Act 0519 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0519
 
HB3676 EnrolledLRB101 07944 AWJ 52999 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Township Code is amended by changing Section
70-5 and by renumbering and changing Section 7-27, as added by
Public Act 100-983, as follows:
 
    (60 ILCS 1/70-5)
    Sec. 70-5. Supervisor; bond.
    (a) The supervisor, before entering upon the duties of the
office, shall give bond to the township, with one or more
sureties, (i) in at least double the amount of money that may
come into the supervisor's hands, if individuals act as
sureties, or (ii) only in the amount of money that may come
into the supervisor's hands, if a surety company authorized to
do business in this State acts as surety. The bond shall be
conditioned on the faithful discharge of his or her duties as
supervisor and require that he or she safely keep and pay over
all money entrusted intrusted to his or her keeping as
supervisor. The bond shall be approved by the township clerk
and filed in the clerk's office with the clerk's approval
indorsed on it.
    (b) Whenever the township clerk ascertains that the bond
has been forfeited, the clerk shall institute suit against the
supervisor. If the clerk fails or refuses to institute a suit,
any person interested in the matter may institute a suit.
    (c) Any person temporarily appointed under Section 60-10 to
perform the clerical functions of a supervisor shall, before
performing those functions, give bond in the same manner and
amount and subject to the same conditions as are required of
the supervisor.
(Source: P.A. 82-783; 88-62.)
 
    (60 ILCS 1/70-27)
    Sec. 70-27 7-27. Attestation to funds endorsed by the
supervisor. If a township supervisor issues a payout of funds
from the township treasury, the township clerk shall attest to
such payment. A township board may adopt rules to implement the
provisions of this Section, including rules regulating the
township clerk's attestation when the township clerk is
temporarily unavailable, for payroll processing, and for the
payout of funds made by cash, credit and debit card, electronic
check, and other means. Attestation under this Section is not
required by the township clerk prior to the issuance of an
emergency financial assistance payout authorized by Section
6-10 of the Illinois Public Aid Code.
(Source: P.A. 100-983, eff. 1-1-19; revised 1-15-19.)
 
    Section 10. The Illinois Highway Code is amended by
changing Sections 6-134 and 6-135 as follows:
 

 
    (605 ILCS 5/6-134)
    Sec. 6-134. Abolishing a road district.
    (a) By resolution, the board of trustees of any township
located in a county with less than 3,000,000 inhabitants may
submit a proposition to abolish the road district of that
township to the electors of that township at a general election
or consolidated election in accordance with the general
election law. The ballot shall be in substantially the
following form:
 
---------
    Shall the Road District of the Township of
........... be abolished with all the rights,YES
powers, duties, assets, property, liabilities,
obligations, and responsibilities being assumed ---------
by the Township of ........... ? NO
---------
    In the event that a majority of the electors voting on such
proposition are in favor thereof, then the road district shall
be abolished by operation of law effective 90 days after vote
certification by the governing election authority or on the
date the term of the highway commissioner in office at the time
the proposition was approved by the electors expires, whichever
is later.
    On that date, all the rights, powers, duties, assets,
property, liabilities, obligations, and responsibilities of
the road district shall by operation of law vest in and be
assumed by the township. On that date, the township board of
trustees shall assume all taxing authority of a road district
abolished under this Section. On that date, any highway
commissioner of the abolished road district shall cease to hold
office, such term having been terminated. Thereafter, the
township shall exercise all duties and responsibilities of the
highway commissioner as provided in the Illinois Highway Code.
The township board of trustees may enter into a contract with
the county, a municipality, or a private contractor to
administer the roads under its jurisdiction. The township board
of trustees shall assume all taxing authority of a township
road district abolished under this subsection. For purposes of
distribution of revenue, the township shall assume the powers,
duties, and obligations of the road district. Distribution of
revenue by the township to the treasurer of a municipality
under Section 6-507 shall be only paid from moneys levied for
road purposes pursuant to Division 5 of Article 6 of the
Illinois Highway Code.
    (b) If a referendum passed under subsection (a) at the
November 6, 2018 election and a road district has not been
abolished as provided in subsection (a) by the effective date
of this amendatory Act of the 101st General Assembly:
        (1) the township board shall have the sole authority
    relating to the following duties and powers of the road
    district until the date of abolition:
            (A) creating and approving the budget of the road
        district;
            (B) levying taxes (the township board of trustees
        assumes all taxing authority of the township road
        district);
            (C) entering into contracts for the road district;
            (D) employing and fixing the compensation of road
        district employees that the township board deems
        necessary; and
            (E) setting and adopting rules concerning all
        benefits available to employees of the road district.
        (2) the road district or the highway commissioner may
    not commence or maintain litigation against the township to
    resolve any dispute related to the road district regarding
    powers of the office of the highway commissioner, the
    powers of the supervisor, or the powers of the township
    board.
    (c) If a township has approved a consolidated road district
after a referendum under Section 6-109 and the consolidation is
not yet effective and if the township subsequently approves a
referendum under this Section, then the consolidation under
Section 6-109 is void and shall not occur.
(Source: P.A. 100-106, eff. 1-1-18.)
 
    (605 ILCS 5/6-135)
    Sec. 6-135. Abolishing a road district with less than 15
miles of roads.
    (a) Any township in a county with a population less than
3,000,000 may abolish a road district of that township if the
roads of the road district are less than 15 miles in length, as
determined by the county engineer or county superintendent of
highways, by resolution of a majority of the board of trustees
to submit a referendum to abolish the road district of that
township. The referendum shall be submitted to the electors of
that township at the next general election or consolidated
election in accordance with the general election law. The
ballot shall be in substantially the following form:
--------
    Shall the Road District of the Township of
........... be abolished with all the rights,YES
powers, duties, assets, property, liabilities,
obligations, and responsibilities being assumed --------
by the Township of ........... ?NO
--------
    (b) If a majority of the electors voting on the referendum
under subsection (a) of this Section are in favor of abolishing
the township road district, then the road district is abolished
on the January 1 following the approval of the referendum or on
the date the term of the highway commissioner in office at the
time the referendum was approved expires, whichever is later.
    On the date of abolition abolishment: all the rights,
powers, duties, assets, property, liabilities, obligations,
and responsibilities of the road district shall by operation of
law vest in and be assumed by the township; the township board
of trustees shall assume all taxing authority of a road
district abolished under this Section; any highway
commissioner of the abolished road district shall cease to hold
office; the township shall exercise all duties and
responsibilities of the highway commissioner as provided in the
Illinois Highway Code; and for purposes of distribution of
revenue, the township shall assume the powers, duties, and
obligations of the road district. The township board of
trustees may enter into a contract with the county, a
municipality, or a private contractor to administer the roads
added to its jurisdiction under this Section.
    If a township has approved a consolidated road district
after a referendum under Section 6-109 and the consolidation is
not yet effective and if the township subsequently approves a
referendum under this Section, then the consolidation under
Section 6-109 is void and shall not occur.
(Source: P.A. 100-107, eff. 1-1-18.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2019