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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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.
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6 | (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
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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.
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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.
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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.
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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.
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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
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7 | foregoing petition requirements, the corresponding petition | ||||||
8 | requirements
of Section 28-6 shall govern such petition.
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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
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18 | referendum with respect to a political
subdivision at the same | ||||||
19 | election.
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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.
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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
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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
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23 | political subdivision at the election.
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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
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5 | Constitution, or for a question submitted under the Property | ||||||
6 | Tax Cap
Referendum Law, shall not be included in the foregoing | ||||||
7 | limitation.
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8 | (Source: P.A. 93-308, eff. 7-23-03.)
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9 | Section 10. The Counties Code is amended by changing the | ||||||
10 | heading of Division 2-4, by changing Sections 2-4006, 5-44010, | ||||||
11 | 5-44020, and by adding Section 5-44043 as follows:
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12 | (55 ILCS 5/Div. 2-4 heading) | ||||||
13 | Division 2-4. Counties not under | ||||||
14 | Township Organization
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15 | Organized as a Commission | ||||||
16 | Form of Government
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17 | (55 ILCS 5/2-4006)
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18 | Sec. 2-4006. Terms of commissioners.
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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
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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.
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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
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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
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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
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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.
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19 | (d) The provisions of this Section do not apply to | ||||||
20 | commissioners elected
under Section 2-4006.5 of this Code.
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21 | (Source: P.A. 96-175, eff. 8-10-09.)
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22 | (55 ILCS 5/5-44010) | ||||||
23 | Sec. 5-44010. Applicability. The powers and authorities | ||||||
24 | provided by this Division 5-44 apply to all counties DuPage, | ||||||
25 | Lake, and McHenry Counties and units of local government within |
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1 | such counties.
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2 | (Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.) | ||||||
3 | (55 ILCS 5/5-44020) | ||||||
4 | Sec. 5-44020. Definitions. In this Division 5-44: | ||||||
5 | "Fire protection jurisdiction" means a fire protection | ||||||
6 | district, municipal fire department, or service organized | ||||||
7 | under Section 5-1056.1 of the Counties Code, Sections 195 and | ||||||
8 | 200 of the Township Code, Section 10-2.1 of the Illinois | ||||||
9 | Municipal Code, or the Illinois Fire Protection District Act. | ||||||
10 | "Governing board" means the individual or individuals who | ||||||
11 | constitute the
corporate authorities of a unit of local | ||||||
12 | government. | ||||||
13 | "Unit of local government" or "unit" means any unit of | ||||||
14 | local government located entirely within one county, to which | ||||||
15 | the county board chairman or county executive directly appoints | ||||||
16 | a majority of its governing board with the advice and consent | ||||||
17 | of the county board, but shall not include a fire protection | ||||||
18 | district that directly employs any regular full-time | ||||||
19 | employees, a conservation district organized under the | ||||||
20 | Conservation District Act, or a special district organized | ||||||
21 | under the Water Commission Act of 1985 , a community mental | ||||||
22 | health board established under the Community Mental Health | ||||||
23 | Board Act, or a board established under the County Care for | ||||||
24 | Persons with Developmental Disabilities Act .
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25 | (Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14; |
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1 | 99-709, eff. 8-5-16.) | ||||||
2 | (55 ILCS 5/5-44043 new) | ||||||
3 | Sec. 5-44043. Rights and obligations of employees. | ||||||
4 | (a) The status and rights of employees represented by an | ||||||
5 | exclusive bargaining representative shall not be affected by | ||||||
6 | the dissolution of a unit of local government under this | ||||||
7 | Division, except that this subsection does not apply in DuPage, | ||||||
8 | Lake, and McHenry Counties for actions taken before the | ||||||
9 | effective date of this amendatory Act of the 100th General | ||||||
10 | Assembly. | ||||||
11 | (b) Obligations of the dissolving unit of local government | ||||||
12 | assumed by the trustee-in-dissolution, county, or governing | ||||||
13 | body of a special service area include the obligation to honor | ||||||
14 | representation rights under the Illinois Public Labor | ||||||
15 | Relations Act and any collective bargaining agreements | ||||||
16 | existing on the date of dissolution of the unit of local | ||||||
17 | government. | ||||||
18 | (c) The rights of employees under any pensions, retirement | ||||||
19 | plans, or annuity plans existing on the date of dissolution of | ||||||
20 | the unit of local government are not affected by the | ||||||
21 | dissolution of a unit of local government under this Division.
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22 | Section 15. The Township Code is amended by adding Articles | ||||||
23 | 22, 23, and 29 and by changing Sections 10-25, 25-15, 25-25, | ||||||
24 | and 65-20 as follows:
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1 | (60 ILCS 1/10-25)
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2 | Sec. 10-25. Plan for changes in townships.
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3 | (a) The county board of each county may, subject to a | ||||||
4 | referendum in the
townships affected as provided in this | ||||||
5 | Section, adopt a plan for altering the
boundaries of townships, | ||||||
6 | changing township lines, dividing, enlarging, or
consolidating | ||||||
7 | townships, or creating new townships, so that each township | ||||||
8 | shall
possess an equalized assessed valuation of not less than | ||||||
9 | $10,000,000 as of the
1982 assessment year or an area of not | ||||||
10 | more than 126 square miles .
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11 | (b) No alteration or change in boundaries shall be | ||||||
12 | effective unless
approved by a referendum in each township | ||||||
13 | affected. The election authority
shall submit to the voters of | ||||||
14 | each township affected, at a regular
election to be held not | ||||||
15 | less than 60 days after the plan is adopted,
the question of | ||||||
16 | approving the alteration or change. The alterations or changes,
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17 | if approved by the voters, shall take effect on the date of the | ||||||
18 | next township
election and shall be applicable to that | ||||||
19 | election. If there is doubt as to the
township clerk with whom | ||||||
20 | nomination papers for that election should be filed,
the county | ||||||
21 | board shall designate the clerk. In the alteration of | ||||||
22 | boundaries, a
county board may not disturb urban or coterminous | ||||||
23 | townships in existence on
October 1, 1978.
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24 | (Source: P.A. 84-1308; 88-62.)
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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 on the main page | ||||||
7 | of the townships' websites, if any, and in a newspaper having a | ||||||
8 | general circulation in the townships affected. The notice shall | ||||||
9 | be published at least 30 days before the date of the hearing. | ||||||
10 | The notice shall contain, at a minimum, the name of all | ||||||
11 | townships that will be consolidating and a description of the | ||||||
12 | area of consolidation. | ||||||
13 | (60 ILCS 1/22-10 new) | ||||||
14 | Sec. 22-10. Referendum. | ||||||
15 | (a) Upon the adoption of resolutions under Section 22-5 by | ||||||
16 | each township, the township boards shall certify the question | ||||||
17 | to the election authority and the authority shall cause to be | ||||||
18 | submitted to the voters of each township at the general | ||||||
19 | election specified in the resolutions a referendum to | ||||||
20 | consolidate the townships. The referendum shall be | ||||||
21 | substantially in the following form: | ||||||
22 | Shall (names of townships) be consolidated into [a new | ||||||
23 | township called (name of proposed consolidated | ||||||
24 | township)/the township of (name of existing township)]? | ||||||
25 | The votes shall be recorded as "Yes" or "No". |
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1 | The referendum is approved when a majority of the voters, | ||||||
2 | in each of the affected townships, approve the referendum. | ||||||
3 | (b) Before a referendum appears on the ballot under | ||||||
4 | subsection (a), each township board shall publish a copy of the | ||||||
5 | adopted resolution on the main page of the townships' websites, | ||||||
6 | if any, and in a newspaper having a general circulation in each | ||||||
7 | of the townships affected. The notice shall be published at | ||||||
8 | least 30 days before the date of the general election in which | ||||||
9 | the referendum will appear. | ||||||
10 | Each township board shall additionally mail a copy of the | ||||||
11 | adopted resolution, along with a copy of the referendum | ||||||
12 | language and a list of all taxes levied for general township | ||||||
13 | purposes in the affected townships, to every registered voter | ||||||
14 | in each township affected. The notice shall be mailed at least | ||||||
15 | 30 days before the date of the general election in which the | ||||||
16 | referendum will appear. | ||||||
17 | (c) Notwithstanding any provision of law to the contrary, | ||||||
18 | no tax rate may be extended for any fund of the consolidated | ||||||
19 | district for the first levy year of the consolidated district | ||||||
20 | that exceeds any statutory maximum set forth for that fund, | ||||||
21 | unless the referendum also conforms to the requirements of the | ||||||
22 | Property Tax Extension Limitation Law or other statutory | ||||||
23 | provision setting forth that limitation. | ||||||
24 | (60 ILCS 1/22-15 new) | ||||||
25 | Sec. 22-15. Transition. Notwithstanding any other |
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1 | provision of law to the contrary, upon the approval of a | ||||||
2 | referendum under Section 22-10: | ||||||
3 | (a) There shall be no further nominations or elections for | ||||||
4 | clerks, assessors, collectors, highway commissioners, | ||||||
5 | supervisors, or trustees of any of the separate townships or | ||||||
6 | highway commissions, and the terms of all such officers | ||||||
7 | currently serving shall continue until the third Monday of May | ||||||
8 | of the year in which township officials are elected next | ||||||
9 | following the approval of a referendum under Section 22-10. | ||||||
10 | (b) A Transition Township Board is formed and is composed | ||||||
11 | of the members of the separate townships boards. The Transition | ||||||
12 | Township Board has only the following powers: (1) to propose | ||||||
13 | and approve the compensation of all officials of the | ||||||
14 | consolidated township that will be elected at the consolidated | ||||||
15 | election next following the passage of the referendum under | ||||||
16 | Section 22-10; and (2) to propose and approve additional debt | ||||||
17 | to be taken on by any of the separate townships. | ||||||
18 | (c) The Transition Township Board shall hold a public | ||||||
19 | hearing no later than the last Tuesday in December before the | ||||||
20 | consolidated township board of trustees are elected next | ||||||
21 | following the approval of a referendum under Section 22-10. If | ||||||
22 | the Board cannot agree on the compensation for an official by | ||||||
23 | the first Tuesday in April before the consolidated election of | ||||||
24 | township officials next following the approval of a referendum | ||||||
25 | under Section 22-10, then the compensation for that official | ||||||
26 | shall be equal to the lowest compensation for the same office |
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1 | between the separate townships in the preceding calendar year. | ||||||
2 | (d) The separate townships shall not incur any additional | ||||||
3 | debt without the approval of the Transition Township Board. For | ||||||
4 | purposes of this Section, "debt" has the meaning ascribed to | ||||||
5 | that term in Section 23-5. | ||||||
6 | (e) Section 3-7 of the Election Code shall govern those | ||||||
7 | individuals entitled to caucus, vote for, be nominated for, and | ||||||
8 | run for offices for the consolidated township at the | ||||||
9 | consolidated election of township officials next following the | ||||||
10 | approval of a referendum under Section 22-10. | ||||||
11 | (60 ILCS 1/22-20 new) | ||||||
12 | Sec. 22-20. Consolidated township. | ||||||
13 | (a) On the third Monday of May of the year in which | ||||||
14 | township officials are elected following the approval of a | ||||||
15 | referendum under Section 22-10, the following shall occur: | ||||||
16 | (1) the separate townships cease and the consolidated | ||||||
17 | township is created; | ||||||
18 | (2) all rights, powers, duties, assets, and property, | ||||||
19 | together with all personnel, contractual obligations, | ||||||
20 | other obligations, responsibilities, and liabilities of | ||||||
21 | the separate townships are transferred to the consolidated | ||||||
22 | township; those rights include, but are not limited to, the | ||||||
23 | authority to continue to collect, receive, and expend the | ||||||
24 | proceeds of any tax levied by any of the separate townships | ||||||
25 | prior to the creation of the consolidated township without |
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1 | an additional ordinance, resolution, or referendum; the | ||||||
2 | proceeds of any tax levied by any of the separate townships | ||||||
3 | prior to the creation of the consolidated township shall be | ||||||
4 | expended or disposed of by the consolidated township in the | ||||||
5 | same manner as such assessments might have been expended or | ||||||
6 | disposed of by the separate townships; however, if the | ||||||
7 | consolidated township board determines that there is a | ||||||
8 | surplus in the fund for general township purposes on | ||||||
9 | December 31 of the calendar year in which the consolidation | ||||||
10 | occurs, then any portion of the surplus that is solely | ||||||
11 | attributable to the consolidation shall be refunded to the | ||||||
12 | owners of record of taxable property within the | ||||||
13 | consolidated district on a pro rata basis; and | ||||||
14 | (3) road districts located within the separate | ||||||
15 | townships are abolished. | ||||||
16 | (b) When a new township is created, a new road district | ||||||
17 | encompassing the consolidated township is created. All the | ||||||
18 | rights, powers, duties, assets, property, liabilities, | ||||||
19 | obligations, and responsibilities of the separate road | ||||||
20 | districts shall vest in and be assumed by the new road district | ||||||
21 | as provided for in the resolutions adopted under Section 22-5. | ||||||
22 | The new township board of trustees shall exercise the taxing | ||||||
23 | authority of a road district abolished under this Section. The | ||||||
24 | highway commissioners of the abolished road districts shall | ||||||
25 | cease to hold office on the date the road district is | ||||||
26 | abolished. The new township board shall exercise all duties and |
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1 | responsibilities of the highway commissioner as provided in the | ||||||
2 | Illinois Highway Code. For purposes of distribution of revenue, | ||||||
3 | the new township shall assume the powers, duties, and | ||||||
4 | obligations of the road district of the dissolving road | ||||||
5 | district. The new township board may enter into a contract with | ||||||
6 | the county, a municipality, or a private contractor
to | ||||||
7 | administer the roads under the new road district. | ||||||
8 | (c) When a township consolidates into an existing township, | ||||||
9 | all the rights, powers, duties, assets, property, liabilities, | ||||||
10 | obligations, and responsibilities of the abolished road | ||||||
11 | districts shall vest in and be assumed by the existing | ||||||
12 | township's road district as provided for in the resolutions | ||||||
13 | adopted under Section 22-5. The consolidated township board of | ||||||
14 | trustees shall exercise the taxing authority of a road district | ||||||
15 | abolished under this Section. Highway commissioners of the | ||||||
16 | abolished road districts shall cease to hold office on the date | ||||||
17 | the road district is abolished. The consolidated township shall | ||||||
18 | exercise all duties and responsibilities of the highway | ||||||
19 | commissioner as provided in the Illinois Highway Code. For | ||||||
20 | purposes of distribution of revenue, the existing township's | ||||||
21 | road district or districts shall assume the powers, duties, and | ||||||
22 | obligations of the road district of the dissolving road | ||||||
23 | district. | ||||||
24 | (60 ILCS 1/Art. 23 heading new) | ||||||
25 | ARTICLE 23. MERGER OF A SINGLE |
| |||||||
| |||||||
1 | TOWNSHIP INTO 2 OTHER TOWNSHIPS | ||||||
2 | (60 ILCS 1/23-5 new) | ||||||
3 | Sec. 23-5. Definitions. As used in this Article: | ||||||
4 | "Dissolving road district" means a road district in a | ||||||
5 | dissolving township, which is dissolved under subsection (c) of | ||||||
6 | Section 23-25. | ||||||
7 | "Dissolving township" means a township which is proposed to | ||||||
8 | be dissolved into and be merged with 2 other adjacent | ||||||
9 | townships. | ||||||
10 | "Equalized assessed value" has the meaning provided in | ||||||
11 | Section 18-213 of the Property Tax Code. | ||||||
12 | "Debt" means indebtedness incurred by a dissolving | ||||||
13 | township including, but not limited to, mortgages, judgments, | ||||||
14 | and moneys due through the issuance and sale of bonds, or | ||||||
15 | through an equivalent manner of borrowing for which notes or | ||||||
16 | other evidences of indebtedness are issued fixing the amount of | ||||||
17 | principal and interest from time to time payable to retire the | ||||||
18 | indebtedness. | ||||||
19 | "Receiving township" means a township into which a portion | ||||||
20 | of the dissolving township will be merged. | ||||||
21 | (60 ILCS 1/23-10 new) | ||||||
22 | Sec. 23-10. Resolution for merger; notice. | ||||||
23 | (a) Notwithstanding any other provision of law to the | ||||||
24 | contrary, the township boards of any 3 adjacent townships may, |
| |||||||
| |||||||
1 | by identical resolutions of each board, propose that a township | ||||||
2 | which borders the other 2 townships be dissolved by referendum | ||||||
3 | and all rights, powers, duties, assets, and property, together | ||||||
4 | with all personnel, contractual obligations, other | ||||||
5 | obligations, responsibilities, and liabilities of the | ||||||
6 | dissolving township transferred to the receiving townships. | ||||||
7 | Each resolution shall include, but is not limited to, the | ||||||
8 | following: | ||||||
9 | (1) a legal description of the former territory of the | ||||||
10 | dissolving township each receiving township will take upon | ||||||
11 | the dissolution of the dissolving township; | ||||||
12 | (2) a description of how all assets and property, | ||||||
13 | together with all personnel, contractual obligations, | ||||||
14 | other obligations, responsibilities, and liabilities of | ||||||
15 | the dissolving township will be transferred to the | ||||||
16 | receiving townships; | ||||||
17 | (3) the tax rates for general township purposes for the | ||||||
18 | immediately preceding levy year, as extended and collected | ||||||
19 | in the year in which the resolution is adopted, for the | ||||||
20 | dissolving township and each receiving township; | ||||||
21 | (4) a description and amount of all debt each receiving | ||||||
22 | township shall assume after the dissolving township | ||||||
23 | dissolves. The debt shall be assumed by each receiving | ||||||
24 | township in equal proportion to the equalized assessed | ||||||
25 | value of the land and property that will be received by | ||||||
26 | each receiving township from the dissolving township |
| |||||||
| |||||||
1 | unless otherwise agreed to in the resolutions; | ||||||
2 | (5) a description of how each road district or road | ||||||
3 | districts of a dissolving township shall comply with | ||||||
4 | subsection (c) of Section 23-25; and | ||||||
5 | (6) the date of the general election at which the | ||||||
6 | referendum shall be held. | ||||||
7 | All resolutions shall be passed not less than 79 days | ||||||
8 | before the general election stated in the resolutions. | ||||||
9 | (b) Before passing a resolution under this Section, each | ||||||
10 | township board shall hold a public hearing on those matters | ||||||
11 | after notice of the hearing has been published on the main page | ||||||
12 | of the townships' websites, if any, and in a newspaper having a | ||||||
13 | general circulation in the townships affected. The notice shall | ||||||
14 | be published at least 30 days before the date of the hearing. | ||||||
15 | The notice shall contain, at a minimum, the name of the | ||||||
16 | dissolving township and receiving townships and a description | ||||||
17 | of the area each receiving township will receive from the | ||||||
18 | dissolving township. | ||||||
19 | (60 ILCS 1/23-15 new) | ||||||
20 | Sec. 23-15. Referendum and notices. | ||||||
21 | (a) Upon the adoption of resolutions under Section 23-10 by | ||||||
22 | all townships, the township boards shall certify the question | ||||||
23 | to the election authority and the authority shall cause to be | ||||||
24 | submitted to the voters of all townships at the general | ||||||
25 | election specified in the resolutions a referendum to |
| |||||||
| |||||||
1 | consolidate the townships. The referendum shall be | ||||||
2 | substantially in the following form: | ||||||
3 | Shall (name of dissolving township) be dissolved into | ||||||
4 | (names of receiving townships)? | ||||||
5 | The votes shall be recorded as "Yes" or "No". | ||||||
6 | The referendum is approved when a majority of the voters, | ||||||
7 | in each of the affected townships, approve the referendum. | ||||||
8 | (b) Before a referendum appears on the ballot under | ||||||
9 | subsection (a), the township boards shall publish a copy of the | ||||||
10 | adopted resolution on the main page of the townships' websites, | ||||||
11 | if any, and in a newspaper having a general circulation in each | ||||||
12 | of the townships affected. The notice shall be published at | ||||||
13 | least 30 days before the date of the general election. | ||||||
14 | Each township board shall additionally mail a copy of the | ||||||
15 | adopted resolution, along with a copy of the referendum | ||||||
16 | language and a list of all taxes levied for general township | ||||||
17 | purposes in the affected townships, to every registered voter | ||||||
18 | in each township affected. The notice shall be mailed at least | ||||||
19 | 30 days before the date of the general election in which the | ||||||
20 | referendum will appear. | ||||||
21 | (c) Notwithstanding any provision of law to the contrary, | ||||||
22 | no tax rate may be extended for any fund of the consolidated | ||||||
23 | district for the first levy year of the consolidated district | ||||||
24 | that exceeds any statutory maximum set forth for that fund, | ||||||
25 | unless the referendum also conforms to the requirements of the | ||||||
26 | Property Tax Extension Limitation Law or other statutory |
| |||||||
| |||||||
1 | provision setting forth that limitation. | ||||||
2 | (60 ILCS 1/23-20 new) | ||||||
3 | Sec. 23-20. Transition. | ||||||
4 | (a) Notwithstanding any other provision of law to the | ||||||
5 | contrary, upon the approval of a referendum under Section | ||||||
6 | 23-15: | ||||||
7 | (1) there shall be no further nominations or elections | ||||||
8 | for clerks, assessors, collectors, highway commissioners, | ||||||
9 | supervisors, or trustees of the dissolving township or | ||||||
10 | highway commissions and the terms of all such officers | ||||||
11 | currently serving shall continue until the third Monday of | ||||||
12 | May of the year in which township officials are elected | ||||||
13 | following the approval of a referendum under Section 23-15; | ||||||
14 | (2) a Transition Township Board is formed for each | ||||||
15 | receiving township. Each Transition Township Board shall | ||||||
16 | be composed of the members of the dissolving township | ||||||
17 | boards plus the members of the receiving township board. | ||||||
18 | The Transition Township Board shall only have authority to | ||||||
19 | do the following under paragraphs (3) and (4) of this | ||||||
20 | Section: provide for the compensation for all receiving | ||||||
21 | township officials that will be elected at the consolidated | ||||||
22 | election next following the approval of a referendum under | ||||||
23 | Section 23-15; and approving additional debt to be taken on | ||||||
24 | by the dissolving township; | ||||||
25 | (3) each Transition Township Board shall hold a public |
| |||||||
| |||||||
1 | meeting no later than the first Tuesday in April before the | ||||||
2 | receiving townships' boards of trustees are elected at the | ||||||
3 | consolidated election next following the approval of a | ||||||
4 | referendum under Section 23-15. At this public meeting, the | ||||||
5 | Transition Township Board shall provide for the | ||||||
6 | compensation for all township officials that will be | ||||||
7 | elected at the consolidated election. If the Board cannot | ||||||
8 | agree on the compensation for an official, then the | ||||||
9 | compensation for the same office between the receiving and | ||||||
10 | dissolving townships shall be the lower compensation for | ||||||
11 | the office in the dissolving township or receiving | ||||||
12 | township; | ||||||
13 | (4) the dissolving township shall not incur any | ||||||
14 | additional debt without the approval of the Transition | ||||||
15 | Township Board of each receiving township that would assume | ||||||
16 | such debt after dissolution of the dissolving township; and | ||||||
17 | (5) Section 3-7 of the Election Code shall govern those | ||||||
18 | individuals entitled to caucus, vote for, be nominated for, | ||||||
19 | and run for offices for the receiving townships at the | ||||||
20 | consolidated election of township officials next following | ||||||
21 | the approval of a referendum under Section 23-15. | ||||||
22 | (b) Upon the approval of a referendum under Section 23-15, | ||||||
23 | the receiving townships may enter into an intergovernmental | ||||||
24 | agreement under the Intergovernmental Cooperation Act for any | ||||||
25 | lawful purpose relating to the land or property contained in | ||||||
26 | the dissolving township after the township is dissolved. |
| |||||||
| |||||||
1 | (60 ILCS 1/23-25 new) | ||||||
2 | Sec. 23-25. Merged township. On the third Monday of May of | ||||||
3 | the year in which township officials are elected following the | ||||||
4 | approval of a referendum under Section 23-15, the following | ||||||
5 | shall occur: | ||||||
6 | (a) The dissolving township ceases. | ||||||
7 | (b) All rights, powers, duties, assets, and property, | ||||||
8 | together with all personnel, contractual obligations, | ||||||
9 | other obligations, responsibilities, and liabilities of | ||||||
10 | the dissolving township are transferred to the receiving | ||||||
11 | townships as provided in the resolution adopted under | ||||||
12 | Section 23-10. The rights include, but are not limited to, | ||||||
13 | the authority to continue to collect and receive any tax | ||||||
14 | levied prior to the creation of the merged townships | ||||||
15 | without an additional ordinance, resolution, or | ||||||
16 | referendum. | ||||||
17 | (c) Road districts located within the dissolving | ||||||
18 | township are abolished and all the rights, powers, duties, | ||||||
19 | assets, property, liabilities, obligations, and | ||||||
20 | responsibilities of the dissolving road districts shall | ||||||
21 | vest in and be assumed by the receiving townships' road | ||||||
22 | districts as provided for in the resolutions adopted under | ||||||
23 | Section 23-10; the boards of trustees of the receiving | ||||||
24 | townships shall exercise the taxing authority of a road | ||||||
25 | district dissolved under this Section and shall exercise |
| |||||||
| |||||||
1 | all duties and responsibilities of the highway | ||||||
2 | commissioner as provided in the Illinois Highway Code | ||||||
3 | unless a road district in the receiving township has a | ||||||
4 | highway commissioner who shall assume all duties and | ||||||
5 | responsibilities of the highway commissioner of the | ||||||
6 | dissolving road districts if so resolved by the receiving | ||||||
7 | township board; highway commissioners of the dissolving | ||||||
8 | road districts shall cease to hold office on the date the | ||||||
9 | road district is abolished; and for purposes of | ||||||
10 | distribution of revenue, the receiving townships' road | ||||||
11 | districts, or the township board if no road districts | ||||||
12 | exist, shall assume the powers, duties, and obligations of | ||||||
13 | the dissolving road district.
| ||||||
14 | (60 ILCS 1/25-15)
| ||||||
15 | Sec. 25-15. Selection of county governing body; election | ||||||
16 | Election of county commissioners . When township organization
| ||||||
17 | ceases in any county as provided in this Article, the county | ||||||
18 | board may by ordinance or resolution restructure into a | ||||||
19 | commission form of government on or before 180 days after a | ||||||
20 | township organization ceases. If the county board votes to | ||||||
21 | assume a commission form of government, an election shall be | ||||||
22 | held in
the county at the next general election in an | ||||||
23 | even-numbered year for 3 county
commissioners who shall hold | ||||||
24 | office for 2, 4, and 6 years, respectively, and
until their | ||||||
25 | successors are elected and qualified. Terms shall be determined |
| |||||||
| |||||||
1 | by
lot. At each succeeding general election after the first, | ||||||
2 | one commissioner
shall be elected.
| ||||||
3 | (Source: P.A. 82-783; 88-62.)
| ||||||
4 | (60 ILCS 1/25-25)
| ||||||
5 | Sec. 25-25. Disposal of township records and property. When | ||||||
6 | township
organization is discontinued in any county, the | ||||||
7 | records of the several
townships shall be deposited in the | ||||||
8 | county clerk's office. The county
board or board of county | ||||||
9 | commissioners of the county may close up all unfinished | ||||||
10 | business of the several
townships and sell or and dispose of | ||||||
11 | any of the property belonging to a township
for the benefit of | ||||||
12 | the inhabitants of the township, as fully as might have been
| ||||||
13 | done by the townships themselves. The county board or board of | ||||||
14 | county commissioners may pay all the
indebtedness of any | ||||||
15 | township existing at the time of the discontinuance of
township | ||||||
16 | organization and cause the amount of the indebtedness, or so | ||||||
17 | much as
may be necessary, to be levied upon the property of the | ||||||
18 | township.
| ||||||
19 | (Source: P.A. 82-783; 88-62.)
| ||||||
20 | (60 ILCS 1/Art. 29 heading new) | ||||||
21 | ARTICLE 29. DISCONTINUANCE OF | ||||||
22 | TOWNSHIP WITHIN COTERMINOUS | ||||||
23 | MUNICIPALITY: ALL TOWNSHIPS |
| |||||||
| |||||||
1 | (60 ILCS 1/29-5 new) | ||||||
2 | Sec. 29-5. Resolutions to discontinue and abolish a | ||||||
3 | township. The township board and the corporate authorities of a | ||||||
4 | coterminous, or substantially coterminous, municipality may by | ||||||
5 | resolutions of the board and corporate authorities, and after | ||||||
6 | referendum of the voters of the township and municipality: (1) | ||||||
7 | discontinue and abolish the township; (2) transfer all the | ||||||
8 | rights, powers, duties, assets, property, liabilities, | ||||||
9 | obligations, and responsibilities of the township to the | ||||||
10 | municipality; and (3) cease and dissolve all township road | ||||||
11 | districts with the district's jurisdiction and authority | ||||||
12 | transferred to the municipality upon the dissolution of the | ||||||
13 | township. | ||||||
14 | (60 ILCS 1/29-10 new) | ||||||
15 | Sec. 29-10. Notice. | ||||||
16 | (a) Before passing resolutions under Section 29-5, the | ||||||
17 | township board and the corporate authorities of the | ||||||
18 | municipality shall hold public hearings on those matters after | ||||||
19 | notice of the hearing has been published on the main page of | ||||||
20 | the respective entities' websites, if any, and in a newspaper | ||||||
21 | having general circulation in the township and municipality. | ||||||
22 | The notice shall be published at least 30 days before the date | ||||||
23 | of the hearing. | ||||||
24 | (b) Before a referendum is placed on the ballot under | ||||||
25 | Section 29-15, each township board shall publish a copy of the |
| |||||||
| |||||||
1 | resolution adopted under Section 29-5 on the main page of the | ||||||
2 | respective entities' websites, if any, and in a newspaper of | ||||||
3 | general circulation in the township and municipality affected. | ||||||
4 | The notice shall be published at least 30 days before the date | ||||||
5 | of the general election in which the referendum will appear. | ||||||
6 | Each township board shall additionally mail a copy of the | ||||||
7 | adopted resolution, along with a copy of the referendum | ||||||
8 | language, the date the referendum will appear, and a list of | ||||||
9 | all taxes levied in the affected townships, to every registered | ||||||
10 | voter in each township affected. The notice shall be mailed at | ||||||
11 | least 30 days before the date of the election in which the | ||||||
12 | referendum will appear. | ||||||
13 | (60 ILCS 1/29-15 new) | ||||||
14 | Sec. 29-15. Referendum for cessation of township. Upon the | ||||||
15 | adoption of resolutions under Section 29-5 by both the township | ||||||
16 | and municipality, the township board and corporate authorities | ||||||
17 | of the municipality shall certify the question to the election | ||||||
18 | authority and the authority shall cause to be submitted to the | ||||||
19 | voters of the township and municipality at the next election a | ||||||
20 | referendum to discontinue the township and to transfer all the | ||||||
21 | rights, powers, duties, assets, property, liabilities, | ||||||
22 | obligations, and responsibilities of the township to the | ||||||
23 | municipality. The referendum shall be substantially in the | ||||||
24 | following form: | ||||||
25 | Shall the Township of (name
of township) cease? |
| |||||||
| |||||||
1 | The votes shall be recorded as "Yes" or "No". The | ||||||
2 | referendum is approved when a majority of the voters, in both | ||||||
3 | the township and municipality, approve the referendum. | ||||||
4 | If the referendum is approved, there shall be no further | ||||||
5 | nominations or elections for clerks, assessors, collectors, | ||||||
6 | highway commissioners, supervisors, or trustees of the | ||||||
7 | township or highway commission, and the terms of all such | ||||||
8 | officers currently serving shall continue until the third | ||||||
9 | Monday of May of the year of the consolidated election in which | ||||||
10 | township officials are elected next following the approval of a | ||||||
11 | referendum under this Section. | ||||||
12 | (60 ILCS 1/29-20 new) | ||||||
13 | Sec. 29-20. Cessation of township. On the third Monday in | ||||||
14 | May in the year of the consolidated election in which township | ||||||
15 | officials are elected next following the approval of a | ||||||
16 | referendum under Section 29-15: | ||||||
17 | (1) the township is discontinued and abolished and all | ||||||
18 | the rights, powers, duties, assets, property, liabilities, | ||||||
19 | obligations, and responsibilities of the township shall | ||||||
20 | vest in and be assumed by the municipality, including the | ||||||
21 | authority to levy property taxes for township purposes in | ||||||
22 | the same manner as the dissolved township without an | ||||||
23 | additional ordinance, resolution, or referendum; | ||||||
24 | (2) all township officers shall cease to hold office; | ||||||
25 | (3) the municipality shall exercise all duties and |
| |||||||
| |||||||
1 | responsibilities of the township officers as provided in | ||||||
2 | the Township Code, the Illinois Public Aid Code, the | ||||||
3 | Property Tax Code, and the Illinois Highway Code, as | ||||||
4 | applicable. The municipality may enter into an | ||||||
5 | intergovernmental agreement with the county or the State to | ||||||
6 | administer the duties and responsibilities of the township | ||||||
7 | officers for services under its jurisdiction; and | ||||||
8 | (4) any road district located within the township is | ||||||
9 | abolished and its jurisdiction, rights, powers, duties, | ||||||
10 | assets, property, liabilities, obligations, and | ||||||
11 | responsibilities shall vest in and be assumed by the | ||||||
12 | municipality and the highway commissioner of the abolished | ||||||
13 | road district shall cease to hold office. The corporate | ||||||
14 | authorities of the municipality shall: exercise the taxing | ||||||
15 | authority of a road district abolished under this Section; | ||||||
16 | exercise all duties and responsibilities of the highway | ||||||
17 | commissioner as provided in the Illinois Highway Code; and | ||||||
18 | for purposes of distribution of revenue, assume the powers, | ||||||
19 | duties, and obligations of the road district in the | ||||||
20 | discontinued township. The corporate authorities of a | ||||||
21 | municipality may enter into an intergovernmental agreement | ||||||
22 | or a contract with the county, another municipality, or a | ||||||
23 | private contractor to administer the roads which were under | ||||||
24 | the jurisdiction of the abolished road district. | ||||||
25 | (60 ILCS 1/29-25 new) |
| |||||||
| |||||||
1 | Sec. 29-25. Business, records, and property of | ||||||
2 | discontinued township. The records of a township discontinued | ||||||
3 | under this Article shall be deposited in the municipality's | ||||||
4 | city clerk's office. The municipality may close up all | ||||||
5 | unfinished business of the township and sell and dispose of any | ||||||
6 | of the property belonging to the township for benefit of the | ||||||
7 | inhabitants of the municipality.
| ||||||
8 | (60 ILCS 1/65-20)
| ||||||
9 | Sec. 65-20. Road district treasurer; new township; | ||||||
10 | multi-township
officers. | ||||||
11 | (a) Compensation of township officers shall be set by the | ||||||
12 | township board
at least 180 days before the beginning of the | ||||||
13 | terms of officers,
including compensation of the road district | ||||||
14 | treasurer, which shall be not less
than $100 or more than | ||||||
15 | $1,000 per year.
Compensation of a township assessor and | ||||||
16 | collector shall be set at the same
time as the compensation of | ||||||
17 | the township supervisor. Compensation of a
multi-township | ||||||
18 | assessor shall be set at least 150 days before his or her
| ||||||
19 | election.
| ||||||
20 | (b) The compensation to be paid to each officer in a new | ||||||
21 | township
established under Section 10-25 shall be determined | ||||||
22 | under this Section by
the township board of the township the | ||||||
23 | whole or a part of which
comprises the new township and that | ||||||
24 | has the highest equalized assessed
valuation (as of December | ||||||
25 | 31, 1972) of the old townships that comprise the new
township.
|
| |||||||
| |||||||
1 | (c) At least 150 days before the
election of multi-township | ||||||
2 | officers, the multi-township board may establish
additional | ||||||
3 | pay of those board members for their services in an amount not | ||||||
4 | to
exceed $25 per day for each day of services.
| ||||||
5 | (d) For the first term of a township consolidated or merged | ||||||
6 | under Article 22 or 23, compensation for township officers of | ||||||
7 | the consolidated or merged township shall be set by the | ||||||
8 | Transition Township Board no later than the first day in April | ||||||
9 | before the consolidated election at which the township officers | ||||||
10 | are to be elected. | ||||||
11 | (Source: P.A. 90-210, eff. 7-25-97.)
| ||||||
12 | Section 20. The Home Equity Assurance Act is amended by | ||||||
13 | changing Sections 4 and 5 and by adding Section 21 as follows:
| ||||||
14 | (65 ILCS 95/4) (from Ch. 24, par. 1604)
| ||||||
15 | Sec. 4. Creation of Commission. | ||||||
16 | (a) Whenever in a municipality with
more than 1,000,000 | ||||||
17 | inhabitants, the question of creating a home equity
program | ||||||
18 | within a contiguous territory included entirely within
the | ||||||
19 | municipality is initiated by resolution or ordinance
of the | ||||||
20 | corporate authorities of the municipality or by a petition
| ||||||
21 | signed by not less than 10% of the total number of registered | ||||||
22 | voters of
each precinct in the territory, the registered voters | ||||||
23 | of
which are eligible to sign the petition, it shall be
the | ||||||
24 | duty of the election authority having jurisdiction over such
|
| |||||||
| |||||||
1 | municipality to submit the question of creating a home equity | ||||||
2 | program to
the electors of each precinct within
the territory | ||||||
3 | at the regular election specified in the resolution,
ordinance | ||||||
4 | or petition initiating the question. If the question is
| ||||||
5 | initiated by petition and if the requisite number of signatures | ||||||
6 | is not
obtained in any precinct included within the territory | ||||||
7 | described in the
petition, then the petition shall be valid as | ||||||
8 | to the territory encompassed by those
precincts for which the | ||||||
9 | requisite number of signatures is obtained and any
such | ||||||
10 | precinct for which the requisite number of signatures is not | ||||||
11 | obtained
shall be excluded from the territory. A petition | ||||||
12 | initiating a
question described in this Section shall be filed | ||||||
13 | with the election
authority having jurisdiction over the | ||||||
14 | municipality. The petition
shall be filed and objections | ||||||
15 | thereto shall be made in the manner provided
in the general | ||||||
16 | election law. A resolution, ordinance, or petition
initiating a | ||||||
17 | question described in this Section shall specify the election
| ||||||
18 | at which the question is to be submitted. The referendum on | ||||||
19 | such question
shall be held in accordance with general election | ||||||
20 | law. Such
question, and the resolution, ordinance, or petition | ||||||
21 | initiating the
question, shall include a description of the | ||||||
22 | territory, the name of the
proposed home equity program, and | ||||||
23 | the maximum rate at which the home
equity program shall be able | ||||||
24 | to levy a property tax. All
of that area within the geographic | ||||||
25 | boundaries of the territory described in
such question shall be | ||||||
26 | included in the program, and no area outside the
geographic |
| |||||||
| |||||||
1 | boundaries of the territory described in such question shall be
| ||||||
2 | included in the program. If the election authority determines | ||||||
3 | that the
description cannot be included within the space | ||||||
4 | limitations of the ballot,
the election authority shall prepare | ||||||
5 | large printed copies of a notice of
the question, which shall | ||||||
6 | be prominently displayed in the polling place of
each precinct | ||||||
7 | in which the question is to be submitted.
| ||||||
8 | (b) Whenever a majority of the voters on such public | ||||||
9 | question approve the
creation of a home equity program as | ||||||
10 | certified by the proper election
authorities, the mayor of the | ||||||
11 | municipality shall appoint, with the consent
of the corporate | ||||||
12 | authorities, 9 individuals, to be known as commissioners,
to | ||||||
13 | serve as the governing body of the home equity program. The | ||||||
14 | mayor
shall choose 7 of the 9 individuals to be appointed to | ||||||
15 | the governing
commission from nominees submitted by a community | ||||||
16 | organization or community
organizations as defined in this Act. | ||||||
17 | A community organization may
recommend up to 20 individuals to | ||||||
18 | serve on a governing commission. Beginning after the effective | ||||||
19 | date of this amendatory Act of the 100th General Assembly, a | ||||||
20 | home equity commission shall consist of 7 commissioners; | ||||||
21 | however, the 9 commissioners serving on a governing commission | ||||||
22 | on the effective date of this amendatory Act of the 100th | ||||||
23 | General Assembly shall be allowed to finish their current terms | ||||||
24 | of service. Thereafter, the number of commissioners shall be | ||||||
25 | reduced to 7.
| ||||||
26 | No fewer than 5 commissioners serving at any one time shall |
| |||||||
| |||||||
1 | reside
within the territory of the program. Beginning after the | ||||||
2 | effective date of this amendatory Act of the 100th General | ||||||
3 | Assembly, and upon the number of commissioners being reduced to | ||||||
4 | 7, no fewer than 4 commissioners serving at any one time shall | ||||||
5 | reside within the territory of the program.
| ||||||
6 | Upon the initial appointment of 7 commissioners to creation | ||||||
7 | of a governing commission under the provisions of this | ||||||
8 | amendatory Act of the 100th General Assembly , the terms of the | ||||||
9 | initial
commissioners shall be as follows: one 3 shall serve
| ||||||
10 | for one year, 3 shall serve for 2 years, and 3 shall serve for 3
| ||||||
11 | years and until a successor is appointed and qualified. All
| ||||||
12 | succeeding terms shall be for 3 years, or until a successor is | ||||||
13 | appointed
or qualified.
Commissioners shall serve without | ||||||
14 | compensation except for reimbursement for
reasonable expenses | ||||||
15 | incurred in the performance of duties as a
commissioner. A | ||||||
16 | vacancy in the office of a member of a commission shall be
| ||||||
17 | filled in like manner as an original appointment.
| ||||||
18 | All proceedings and meetings of the governing commission | ||||||
19 | shall be
conducted in accordance with the provisions of the | ||||||
20 | Open Meetings Act,
as now or hereafter amended.
| ||||||
21 | (Source: P.A. 93-709, eff. 7-9-04.)
| ||||||
22 | (65 ILCS 95/5) (from Ch. 24, par. 1605)
| ||||||
23 | Sec. 5. Duties and Functions of Commission. The duties and | ||||||
24 | functions
of the governing commission of a Home Equity Program | ||||||
25 | shall include the following:
|
| |||||||
| |||||||
1 | (a) To conduct or supervise the day-to-day operation of the | ||||||
2 | program,
including but not limited to the administration of | ||||||
3 | homeowner applications
for participation in the program and | ||||||
4 | homeowner claims against the guarantee fund.
| ||||||
5 | (b) To establish policies, rules, regulations, bylaws, and | ||||||
6 | procedures
for both the governing commission and the program. | ||||||
7 | No policies, rules,
regulations, or bylaws shall be adopted by | ||||||
8 | the governing commission
without prior notice to the residents | ||||||
9 | of the territory of a program and an
opportunity for such | ||||||
10 | residents to be heard.
| ||||||
11 | (c) To provide annual status reports on the program to the | ||||||
12 | mayor and
corporate authorities of the municipality.
| ||||||
13 | (d) To establish guaranteed value standards which are | ||||||
14 | directly linked to
the program appraisal, to approve guarantee | ||||||
15 | values,
to establish requirements for program appraisers | ||||||
16 | consistent with subsection
(p) of Section 3. In no event shall | ||||||
17 | the program guidelines adopted by the governing
commission | ||||||
18 | provide for selecting appraisers based on criteria other than
| ||||||
19 | the quality and timeliness of the appraisals provided to the | ||||||
20 | governing commission.
| ||||||
21 | (e) To manage, administer, and invest the guarantee fund.
| ||||||
22 | (f) To liquidate acquired assets to maintain the guarantee | ||||||
23 | fund.
| ||||||
24 | (g) To participate in arbitration required under the | ||||||
25 | program and to
subpoena all necessary persons, parties, or | ||||||
26 | documents required to proceed
with such arbitration.
|
| |||||||
| |||||||
1 | (h) To employ necessary personnel, acquire necessary | ||||||
2 | office space, enter
into contractual relationships and | ||||||
3 | disburse funds in accordance with the
provisions of this Act. A | ||||||
4 | governing commission may employ full-time or part-time | ||||||
5 | employees.
| ||||||
6 | (i) To perform such other functions in connection with the | ||||||
7 | program and
the guarantee fund as required under this Act.
| ||||||
8 | (Source: P.A. 85-1044.)
| ||||||
9 | (65 ILCS 95/21 new) | ||||||
10 | Sec. 21. Tax Reimbursement Program. A governing | ||||||
11 | commission, with no less than $4,000,000 unencumbered funds in | ||||||
12 | its guarantee fund, may, if authorized by resolution of the | ||||||
13 | governing commission upon approval by two-thirds of the | ||||||
14 | commissioners, establish a Tax Reimbursement Program to make | ||||||
15 | reimbursements to each applicable taxpayer for an amount of no | ||||||
16 | more than the total of their pro rata share of the annual levy | ||||||
17 | imposed by the commission. Prior to authorizing a reimbursement | ||||||
18 | program, an independent licensed public accountant not | ||||||
19 | connected with the commission or any entity conducting business | ||||||
20 | with the commission shall audit the commission and the proposal | ||||||
21 | for the program. The commission may create a program if the | ||||||
22 | independent licensed public accountant determines that such a | ||||||
23 | program will not reduce the balance of the guarantee fund to | ||||||
24 | less than $3,000,000. For the purposes of this Section, | ||||||
25 | "applicable taxpayer" means the owner of record that paid the |
| |||||||
| |||||||
1 | tax levied on property in accordance with Section 11 of this | ||||||
2 | Act. | ||||||
3 | Section 25. The Street Light District Act is amended by | ||||||
4 | changing Section 11 as follows: | ||||||
5 | (70 ILCS 3305/11) | ||||||
6 | Sec. 11. Cessation of district organization. | ||||||
7 | Notwithstanding any other provision of law, if a majority vote | ||||||
8 | of the board of trustees is in favor of the proposition to | ||||||
9 | annex the district to another district whose boundaries are | ||||||
10 | contiguous, or consolidate the district into a municipality | ||||||
11 | with which the district is coterminous or substantially | ||||||
12 | coterminous, or consolidate the district into the county in | ||||||
13 | which the district sits if the district contains territory | ||||||
14 | within only one county, or consolidate the district into the | ||||||
15 | township in which the district sits if the entire district is | ||||||
16 | located within the district, and if the governing authorities | ||||||
17 | of the governmental unit assuming the functions of the former | ||||||
18 | district agree by resolution to accept the functions (and | ||||||
19 | jurisdiction over the territory, if applicable) of the | ||||||
20 | consolidated or annexed district, then the district shall | ||||||
21 | cease. On the effective date of the annexation or | ||||||
22 | consolidation, all the rights, powers, duties, assets, | ||||||
23 | property, liabilities, indebtedness, obligations, bonding | ||||||
24 | authority, taxing authority, and responsibilities of the |
| |||||||
| |||||||
1 | district shall vest in and be assumed by the governmental unit | ||||||
2 | assuming the functions of the former district. | ||||||
3 | The employees of the former district shall be transferred | ||||||
4 | to the governmental unit assuming the functions of the former | ||||||
5 | district. The governmental unit assuming the functions of the | ||||||
6 | former district shall exercise the rights and responsibilities | ||||||
7 | of the former district with respect to those employees. The | ||||||
8 | status and rights of the employees of the former district under | ||||||
9 | any applicable contracts or collective bargaining agreements, | ||||||
10 | historical representation rights under the Illinois Public | ||||||
11 | Labor Relations Act, or under any pension, retirement, or | ||||||
12 | annuity plan shall not be affected by this amendatory Act.
| ||||||
13 | (Source: P.A. 98-1002, eff. 8-18-14.) | ||||||
14 | Section 30. The Illinois Highway Code is amended by | ||||||
15 | changing Sections 6-130 and 6-133 and by adding Section 6-135 | ||||||
16 | as follows:
| ||||||
17 | (605 ILCS 5/6-130) (from Ch. 121, par. 6-130)
| ||||||
18 | Sec. 6-130. Road district abolishment. Notwithstanding any | ||||||
19 | other provision of this Act to the contrary,
no
township road | ||||||
20 | district may continue in existence if the roads forming a
part | ||||||
21 | of the district do not exceed a total of 4 miles in length as | ||||||
22 | determined by the county engineer or county superintendent of | ||||||
23 | highways . For purposes of this Section, the roads forming a | ||||||
24 | part of a township road district include those roads maintained |
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | by the district, regardless of whether or not those roads are | |||||||||||||||||||
2 | owned by the township. On the
first Tuesday in April of 1975, | |||||||||||||||||||
3 | or of any subsequent year next succeeding
the reduction of a | |||||||||||||||||||
4 | township road system to a total mileage of 4 miles or
less, | |||||||||||||||||||
5 | each such township road district shall, by operation of law, be
| |||||||||||||||||||
6 | abolished. The roads comprising that district at that time | |||||||||||||||||||
7 | shall thereafter
be administered by the township board of | |||||||||||||||||||
8 | trustees by contracting with the
county, a municipality or a | |||||||||||||||||||
9 | private contractor. The township board of trustees
shall assume | |||||||||||||||||||
10 | all taxing authority of a township road district abolished | |||||||||||||||||||
11 | under
this Section.
| |||||||||||||||||||
12 | (Source: P.A. 94-884, eff. 6-20-06.)
| |||||||||||||||||||
13 | (605 ILCS 5/6-133) | |||||||||||||||||||
14 | Sec. 6-133. Abolishing a road district in Cook County. By | |||||||||||||||||||
15 | resolution, the board of trustees of any township located in | |||||||||||||||||||
16 | Cook County, Illinois, may submit a proposition to abolish the | |||||||||||||||||||
17 | road district of that township to the electors of that township
| |||||||||||||||||||
18 | at a general election or consolidated election in accordance | |||||||||||||||||||
19 | with the general election law. The
ballot shall be in | |||||||||||||||||||
20 | substantially the following form: | |||||||||||||||||||
|
| |||||||||||||||||
| |||||||||||||||||
| |||||||||||||||||
4 | In the event that a majority of the electors voting on such | ||||||||||||||||
5 | proposition are in favor thereof, then
the road district shall | ||||||||||||||||
6 | be abolished by operation of law effective on January 1 of the | ||||||||||||||||
7 | calendar
year immediately following the calendar year in which | ||||||||||||||||
8 | the proposition was approved by the
electors or on the date the | ||||||||||||||||
9 | term of the highway commissioner in office at the time the | ||||||||||||||||
10 | proposition was approved by the electors expires, whichever is | ||||||||||||||||
11 | later . | ||||||||||||||||
12 | On that date, all the rights, powers, duties, assets, | ||||||||||||||||
13 | property, liabilities, obligations, and
responsibilities of | ||||||||||||||||
14 | the road district shall by operation of law vest in and be | ||||||||||||||||
15 | assumed by the
township. On that date, the township board of | ||||||||||||||||
16 | trustees shall assume all taxing authority of a road district | ||||||||||||||||
17 | abolished under this Section. On that date, any highway | ||||||||||||||||
18 | commissioner of the abolished road district shall cease to
hold | ||||||||||||||||
19 | office, such term having been terminated. Thereafter, the | ||||||||||||||||
20 | township shall exercise all duties
and responsibilities of the | ||||||||||||||||
21 | highway commissioner as provided in the Illinois Highway Code. | ||||||||||||||||
22 | The
township board of trustees may enter into a contract with | ||||||||||||||||
23 | the county, a municipality, or a private
contractor to | ||||||||||||||||
24 | administer the roads under its jurisdiction. The township board | ||||||||||||||||
25 | of trustees shall
assume all taxing authority of a township |
| |||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||
1 | road district abolished under this subsection. For purposes
of | ||||||||||||||||||||||||||||||||||
2 | distribution of revenue, the township shall assume the powers, | ||||||||||||||||||||||||||||||||||
3 | duties, and obligations of the
road district.
| ||||||||||||||||||||||||||||||||||
4 | (Source: P.A. 97-611, eff. 1-1-12.) | ||||||||||||||||||||||||||||||||||
5 | (605 ILCS 5/6-135 new) | ||||||||||||||||||||||||||||||||||
6 | Sec. 6-135. Abolishing a road district with less than 15 | ||||||||||||||||||||||||||||||||||
7 | miles of roads. | ||||||||||||||||||||||||||||||||||
8 | (a) Any township in a county with a population less than | ||||||||||||||||||||||||||||||||||
9 | 3,000,000 may abolish a road district of that township if the | ||||||||||||||||||||||||||||||||||
10 | roads of the road district are less than 15 miles in length, as | ||||||||||||||||||||||||||||||||||
11 | determined by the county engineer or county superintendent of | ||||||||||||||||||||||||||||||||||
12 | highways, by resolution of a majority of the board of trustees | ||||||||||||||||||||||||||||||||||
13 | to submit a referendum to abolish the road district of that | ||||||||||||||||||||||||||||||||||
14 | township. The referendum shall be submitted to the electors of | ||||||||||||||||||||||||||||||||||
15 | that township at the next general election or consolidated | ||||||||||||||||||||||||||||||||||
16 | election in accordance with the general election law. The | ||||||||||||||||||||||||||||||||||
17 | ballot shall be in substantially the following form: | ||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||
25 | (b) If a majority of the electors voting on the referendum |
| |||||||
| |||||||
1 | under subsection (a) of this Section are in favor of abolishing | ||||||
2 | the township road district, then the road district is abolished | ||||||
3 | on the January 1 following the approval of the referendum or on | ||||||
4 | the date the term of the highway commissioner in office at the | ||||||
5 | time the referendum was approved expires, whichever is later. | ||||||
6 | On the date of abolishment: all the rights, powers, duties, | ||||||
7 | assets, property, liabilities, obligations, and | ||||||
8 | responsibilities of the road district shall by operation of law | ||||||
9 | vest in and be assumed by the township; the township board of | ||||||
10 | trustees shall assume all taxing authority of a road district | ||||||
11 | abolished under this Section; any highway commissioner of the | ||||||
12 | abolished road district shall cease to hold office; the | ||||||
13 | township shall exercise all duties and responsibilities of the | ||||||
14 | highway commissioner as provided in the Illinois Highway Code; | ||||||
15 | and for purposes of distribution of revenue, the township shall | ||||||
16 | assume the powers, duties, and obligations of the road | ||||||
17 | district. The township board of trustees may enter into a | ||||||
18 | contract with the county, a municipality, or a private | ||||||
19 | contractor to administer the roads added to its jurisdiction | ||||||
20 | under this Section. | ||||||
21 | Section 99. Effective date. This Act takes effect January | ||||||
22 | 1, 2018. |