HB5644ham001 98TH GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 3/6/2014

09800HB5644ham001 LRB098 17572 JLK 56407 a

AMENDMENT TO HOUSE BILL 5644

AMENDMENT NO. ______. Amend House Bill 5644 by replacing everything after the enacting clause with the following:

"Section 5. The Township Code is amended by changing Sections 80-85 new, 235-5 and 235-10 as follows:

(60 ILCS 1/80-85 new)

Sec. 80-85. Highway consolidation.

(a) The electors of a township in a county with a population of at least 300,000 but fewer than 2,000,000, according to the most recent federal decennial census, may abolish the position of township highway commissioner and transfer all of the commissioner's functions and responsibilities to the township board if the township has fewer than 15 miles of road under the jurisdiction of the highway commissioner. The question to abolish the position of township highway commissioner and transfer its functions and responsibilities to the township board shall be submitted to the electors in one of the following ways:

(i) by a majority vote of the township board;

(ii) by a majority vote of the electors at the annual meeting; or

(iii) by a petition containing 500 signatures of registered voters residing within the township.

(b) After the question to abolish the position of highway commissioner is approved under subsection (a) and the township board has submitted the question to the township clerk, the township clerk shall certify the question to the local election official, who shall submit the question to the voters of the township at the next regular election following the approval of the question. The question submitted to the electors at the election shall be in substantially the following form:

Shall the position of Highway Commissioner of (name of township) be abolished and all of its functions and responsibilities assumed by the Township Board of (name of township)?

The votes shall be recorded as "Yes" or "No".

If the majority of electors voting on the question vote in favor of the question, then the position of township highway commissioner shall be abolished at the end of the term of the highway commissioner in office on the date of the certification of the results of the vote and all of the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the highway commissioner shall vest in and be assumed by the township board.

(60 ILCS 1/235-5)

Sec. 235-5. Township taxes for various purposes. The township board may raise money, by taxation not exceeding the rates established in Section 235-10, for the following purposes:

(1) Prosecuting or defending suits by or against the township or in which the township is interested.

(2) Maintaining cemeteries under the control, management, and ownership of the township and controlling, managing, and maintaining public cemeteries not operated for profit, notwithstanding the provisions of Section 1c of the Public Graveyards Act.

(3) Maintaining and operating a public nonsectarian hospital under Article 175. This authorization does not apply to any township that avails itself of the provisions of Article 170.

(4) Maintaining and operating a township committee on youth under Section 215-5.

(5) Providing mental health services under Section 190-10.

(6) Providing services in cooperation with another governmental entity, not-for-profit corporation, or nonprofit community service association under Section 85-13.

(7) Maintaining and operating a township committee for senior citizens' services under Section 220-10.

(8) Maintaining and operating a township health service that may provide, but is not required to provide or limited to providing, examination, diagnosis, testing, and inoculation and all necessary and appurtenant personnel, equipment, and insurance.

(9) Accumulating moneys in a dedicated fund for a specific capital construction or maintenance project or a major equipment purchase. The annual budget and appropriation ordinance for the township shall state the amount, purpose, and duration of any accumulation of funds authorized under this Section, with specific reference to each project to be constructed or equipment to be purchased. Nothing in this item precludes a township from accumulating moneys as provided in Section 6-501 of the Illinois Highway Code.

(10) Executing the rights, powers, duties, and responsibilities, or satisfying the liabilities or obligations, assumed from a road district abolished under the provisions of Section 6-133 of the Illinois Highway Code.

(10.5) Executing the rights, powers, duties, and responsibilities, or satisfying the liabilities, indebtedness, or obligations, assumed from a township highway commissioner under Section 80-85 of this Code.

(11) Any other purpose authorized by law.

(Source: P.A. 97-611, eff. 1-1-12.)

(60 ILCS 1/235-10)

Sec. 235-10. Rate of tax; referendum to increase maximum rate.

(a) In townships having an equalized assessed valuation of $36,000,000 or more, taxes authorized by subsection (a) may be extended at a rate not exceeding 0.25% of value, as equalized or assessed by the Department of Revenue, of all taxable property in the township.

(b) In townships having an equalized assessed valuation of $30,000,000 but less than $36,000,000, taxes authorized by subsection (a) may be extended at a rate calculated to yield tax revenues not exceeding $90,000.

(c) In townships having an equalized assessed valuation of $15,000,000 but less than $30,000,000, taxes authorized by subsection (a) may be extended at a rate not exceeding the rate computed by subtracting 0.01% of value for each $1,000,000 or major fraction thereof in excess of $15,000,000 but less than $30,000,000 of equalized assessed valuation from the rate of 0.45% of value.

(d) In townships having an equalized assessed valuation of less than $15,000,000, taxes may be extended at a rate not exceeding 0.45% of value, as equalized or assessed by the Department of Revenue, of all taxable property in the township.

(e)(1) In townships having an equalized assessed valuation of less than $10,000,000, taxes may be extended at a rate of not more than 0.45% of value, or not more than 0.65% of value if approved by voters in the township in a referendum on the limit increase, as equalized or assessed by the Department of Revenue, of all taxable property in the township.

(2) On the petition of at least 10% of the registered voters residing in the township to the township clerk, the clerk shall order a referendum on the proposition to increase the extension limitation as provided in the petition. The township clerk shall certify the proposition to the proper election officials, who shall submit the proposition to the township voters at the next election in accordance with the general election law. The proposition shall be in substantially the following form:

Shall the present maximum tax extension limit of (insert present maximum tax extension limit) of the value, as equalized or assessed by the Department of Revenue, of the taxable real property in (name of township) be increased to a maximum tax extension limit of (insert proposed maximum tax extension limit) of the value, as equalized or assessed by the Department of Revenue, of the taxable real property in (name of township)?

The votes shall be recorded as "Yes" or "No".

(3) If a majority of all ballots cast on the proposition is in favor of the increase, the county clerk shall certify the results of the election to the township clerk.

(f) Any township having exceeded an equalized assessed valuation of $15,000,000 before September 17, 1983, may tax at the rate authorized to be extended under this Section if approved by the township voters at the annual township meeting. If approval is not obtained, the tax may not be extended at a rate of more than 0.25% of the value, as equalized and assessed by the Department of Revenue, of all taxable property in the township.

(g) Any township having assumed the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of a road district abolished under the provisions of Section 6-133 of the Illinois Highway Code may tax at a rate determined by adding the rate authorized to be extended under this Section to the last rate authorized to be extended for road purposes under Section 6-501 of the Illinois Highway Code.

(h) Any township having assumed the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of a township highway commissioner under Section 80-85 of this Code may tax at a rate determined by adding the rate authorized to be extended under this Section to the last rate authorized to be extended for road purposes under Section 6-501 of the Illinois Highway Code.

(Source: P.A. 97-611, eff. 1-1-12.)".