Public Act 90-0210 of the 90th General Assembly
Public Act 90-0210
HB1193 Enrolled LRB9003772MWcd
AN ACT concerning local governments, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 15. The Intergovernmental Cooperation Act is
amended by changing Section 3.1 as follows:
(5 ILCS 220/3.1) (from Ch. 127, par. 743.1)
Sec. 3.1. Municipal Joint Action Water Agency.
(a) Any municipality or municipalities of this State, any
county or counties of this State, any township in a county
with a population under 700,000 of this State, any public
water district or districts of this State, or any combination
thereof may, by intergovernmental agreement, establish a
Municipal Joint Action Water Agency to provide adequate
supplies of water on an economical and efficient basis for
member municipalities, public water districts and other
incorporated and unincorporated areas within such counties.
For purposes of this Act, the water supply may only be
derived from Lake Michigan, or the Mississippi River, or the
Missouri River. Any such Agency shall itself be a municipal
corporation, public body politic and corporate. A Municipal
Joint Action Water Agency so created shall not itself have
taxing power except as hereinafter provided.
A Municipal Joint Action Water Agency shall be
established by an intergovernmental agreement among the
various member municipalities, public water districts,
townships, and counties, upon approval by an ordinance
adopted by the corporate authorities of each member
municipality, public water district, township, or county.
This agreement may be amended at any time upon the adoption
of concurring ordinances by the corporate authorities of all
member municipalities, public water districts, townships, and
counties. The agreement may provide for additional
municipalities, public water districts, townships in counties
with a population under 700,000, or counties to join the
Agency upon adoption of an ordinance by the corporate
authorities of the joining municipality, public water
district, township, or county, and upon such consents,
conditions and approvals of the governing body of the
Municipal Joint Action Water Agency and of existing member
municipalities, public water districts, townships, and
counties as shall be provided in the agreement. The
agreement shall provide the manner and terms on which any
municipality, public water district, township, or county may
withdraw from membership in the Municipal Joint Action Water
Agency and on which the Agency may terminate and dissolve in
whole or in part. The agreement shall set forth the
corporate name of the Municipal Joint Action Water Agency and
its duration. Promptly upon any agreement establishing a
Municipal Joint Action Water Agency being entered into, or
upon the amending of any such agreement, a copy of such
agreement or amendment shall be filed in the office of the
Secretary of State of Illinois. Promptly upon the addition
or withdrawal of any municipality, public water district,
township in a county with a population under 700,000, or
county, or upon the dissolution of a Municipal Joint Action
Water Agency, that fact shall be certified by an officer of
the Agency to the Secretary of State of Illinois.
(b) The governing body of any Municipal Joint Action
Water Agency established pursuant to this Section 3.1 shall
be a Board of Directors. There shall be one Director from
each member municipality, public water district, township,
and county of the Municipal Joint Action Water Agency
appointed by ordinance of the corporate authorities of the
municipality, public water district, township, or county.
Each Director shall have one vote. Each Director shall be the
Mayor or President of the member municipality, or the
chairman of the board of trustees of the member public water
district, the supervisor of the member township, or the
chairman of the county board or chief executive officer of
the member county or a county board member appointed by the
chairman of the county board of the member county, appointing
the Director; an elected member of the corporate authorities
of that municipality, public water district, township, or
county; or other elected official of the appointing
municipality, public water district, township, or county.
Any agreement establishing a Municipal Joint Action Water
Agency shall specify the period during which a Director shall
hold office and may provide for the appointment of Alternate
Directors from member municipalities, public water districts,
townships, or counties. The Board of Directors shall elect
one Director to serve as Chairman, and shall elect persons,
who need not be Directors, to such other offices as shall be
designated in the agreement.
The Board of Directors shall determine the general policy
of the Municipal Joint Action Water Agency, shall approve the
annual budget, shall make all appropriations (which may
include appropriations made at any time in addition to those
made in any annual appropriation document), shall approve all
contracts for the purchase or sale of water, shall adopt any
resolutions providing for the issuance of bonds or notes by
the Agency, shall adopt its by-laws, rules and regulations,
and shall have such other powers and duties as may be
prescribed in the agreement. Such agreement may further
specify those powers and actions of the Municipal Joint
Action Water Agency which shall be authorized only upon votes
of greater than a majority of all Directors or only upon
consents of the corporate authorities of a certain number of
member municipalities, public water districts, townships, or
counties.
The agreement may provide for the establishment of an
Executive Committee to consist of the municipal manager or
other elected or appointed official of each member
municipality, public water district, township, or county, as
designated by ordinance from time to time by the corporate
authorities of the member municipality, public water
district, township, or county, and may prescribe powers and
duties of the Executive Committee for the efficient
administration of the Agency.
(c) A Municipal Joint Action Water Agency established
pursuant to this Section 3.1 may plan, construct, improve,
extend, acquire, finance (including the issuance of revenue
bonds or notes as provided in this Section 3.1), operate,
maintain, and contract for a joint waterworks or water supply
system which may include, or may consist of, without
limitation, facilities for receiving, storing, and
transmitting water from any source for supplying water to
member municipalities, public water districts, townships, or
counties (including county special service areas created
under the Special Service Area Tax Act and county service
areas authorized under the Counties Code), or other public
agencies, persons, or corporations. Facilities of the
Municipal Joint Action Water Agency may be located within or
without the corporate limits of any member municipality.
A Municipal Joint Action Water Agency shall have such
powers as shall be provided in the agreement establishing it,
which may include, but need not be limited to, the following
powers:
(i) to sue or be sued;
(ii) to apply for and accept gifts or grants or
loans of funds or property or financial or other aid from
any public agency or private entity;
(iii) to acquire, hold, sell, lease as lessor or
lessee, transfer or dispose of such real or personal
property, or interests therein, as it deems appropriate
in the exercise of its powers, and to provide for the use
thereof by any member municipality, public water
district, township, or county;
(iv) to make and execute all contracts and other
instruments necessary or convenient to the exercise of
its powers (including contracts with member
municipalities, with public water districts, with
townships, and with counties on behalf of county service
areas); and
(v) to employ agents and employees and to delegate
by resolution to one or more of its Directors or officers
such powers as it may deem proper.
Member municipalities, public water districts, townships,
or counties may, for the purposes of, and upon request by,
the Municipal Joint Action Water Agency, exercise the power
of eminent domain available to them, convey property so
acquired to the Agency for the cost of acquisition, and be
reimbursed for all expenses related to this exercise of
eminent domain power on behalf of the Agency.
All property, income and receipts of or transactions by a
Municipal Joint Action Water Agency shall be exempt from all
taxation, the same as if it were the property, income or
receipts of or transaction by the member municipalities,
public water districts, townships, or counties.
(d) A Municipal Joint Action Water Agency established
pursuant to this Section 3.1 shall have the power to buy
water and to enter into contracts with any person,
corporation or public agency (including any member
municipality, public water district, township, or county) for
that purpose. Any such contract made by an Agency for a
supply of water may contain provisions whereby the Agency is
obligated to pay for the supply of water without setoff or
counterclaim and irrespective of whether the supply of water
is ever furnished, made available or delivered to the Agency
or whether any project for the supply of water contemplated
by any such contract is completed, operable or operating and
notwithstanding any suspension, interruption, interference,
reduction or curtailment of the supply of water from such
project. Any such contract may provide that if one or more
of the other purchasers defaults in the payment of its
obligations under such contract or a similar contract made
with the supplier of the water one or more of the remaining
purchasers party to such contract or such similar contract
shall be required to pay for all or a portion of the
obligations of the defaulting purchasers. No such contract
may have a term in excess of 50 years.
A Municipal Joint Action Water Agency shall have the
power to sell water and to enter into contracts with any
person, corporation or public agency (including any member
municipality, any public water district, any township, or any
county on behalf of a county service area as set forth in
this Section) for that purpose. No such contract may have a
term in excess of 50 years. Any such contract entered into
to sell water to a public agency may provide that the
payments to be made thereunder by such public agency shall be
made solely from revenues to be derived by such public agency
from the operation of its waterworks system or its combined
waterworks and sewerage system. Any public agency so
contracting to purchase water shall establish from time to
time such fees and charges for its water service or combined
water and sewer service as will produce revenues sufficient
at all times to pay its obligations to the Agency under the
purchase contract. Any such contract so providing shall not
constitute indebtedness of such public agency so contracting
to buy water within the meaning of any statutory or
constitutional limitation. Any such contract of a public
agency to buy water shall be a continuing, valid and binding
obligation of such public agency payable from such revenues.
A Municipal Joint Action Water Agency shall establish
fees and charges for the purchase of water from it or for the
use of its facilities. No prior appropriation shall be
required by either the Municipal Joint Action Water Agency or
any public agency before entering into any contract
authorized by this paragraph (d).
The changes in this Section made by this amendatory Act
of 1984 are intended to be declarative of existing law.
(e) 1. A Municipal Joint Action Water Agency established
pursuant to this Section 3.1 may, from time to time, borrow
money and, in evidence of its obligation to repay the
borrowing, issue its negotiable water revenue bonds or notes
pursuant to this paragraph (e) for any of the following
purposes: for paying costs of constructing, acquiring,
improving or extending a joint waterworks or water supply
system; for paying other expenses incident to or incurred in
connection with such construction, acquisition, improvement
or extension; for repaying advances made to or by the Agency
for such purposes; for paying interest on the bonds or notes
until the estimated date of completion of any such
construction, acquisition, improvement or extension and for
such period after the estimated completion date as the Board
of Directors of the Agency shall determine; for paying
financial, legal, administrative and other expenses of the
authorization, issuance, sale or delivery of bonds or notes;
for paying costs of insuring payment of the bonds or notes;
for providing or increasing a debt service reserve fund with
respect to any or all of the Agency's bonds or notes; and for
paying, refunding or redeeming any of the Agency's bonds or
notes before, after or at their maturity, including paying
redemption premiums or interest accruing or to accrue on such
bonds or notes being paid or redeemed or for paying any other
costs in connection with any such payment or redemption.
2. Any bonds or notes issued pursuant to this paragraph
(e) by a Municipal Joint Action Water Agency shall be
authorized by a resolution of the Board of Directors of the
Agency adopted by the affirmative vote of Directors from a
majority of the member municipalities, public water
districts, townships, and counties, and any additional
requirements as may be set forth in the agreement
establishing the Agency. The authorizing resolution may be
effective immediately upon its adoption. The authorizing
resolution shall describe in a general way any project
contemplated to be financed by the bonds or notes, shall set
forth the estimated cost of the project and shall determine
its period of usefulness. The authorizing resolution shall
determine the maturity or maturities of the bonds or notes,
the rate or rates at which the bonds or notes are to bear
interest and all the other terms and details of the bonds or
notes. All such bonds or notes shall mature within the
period of estimated usefulness of the project with respect to
which such bonds or notes are issued, as determined by the
Board of Directors, but in any event not more than 50 years
from their date of issue. The bonds and notes may bear
interest, payable at such times, at a rate or rates not
exceeding the maximum rate established in the Bond
Authorization Act, as from time to time in effect. Bonds or
notes of a Municipal Joint Action Water Agency shall be sold
in such manner as the Board of Directors of the Agency shall
determine, either at par or at a premium or discount, but
such that the effective interest cost (excluding any
redemption premium) to the Agency of the bonds or notes shall
not exceed a rate equal to the rate of interest specified in
the Act referred to in the preceding sentence.
The resolution authorizing the issuance of any bonds or
notes pursuant to this paragraph (e) shall constitute a
contract with the holders of the bonds and notes. The
resolution may contain such covenants and restrictions with
respect to the purchase or sale of water by the Agency and
the contracts for such purchases or sales, the operation of
the joint waterworks system or water supply system, the
issuance of additional bonds or notes by the Agency, the
security for the bonds and notes, and any other matters, as
may be deemed necessary or advisable by the Board of
Directors to assure the payment of the bonds or notes of the
Agency.
3. The resolution authorizing the issuance of bonds or
notes by a Municipal Joint Action Water Agency shall pledge
and provide for the application of revenues derived from the
operation of the Agency's joint waterworks or water supply
system (including from contracts for the sale of water by the
Agency) and investment earnings thereon to the payment of the
cost of operation and maintenance of the system (including
costs of purchasing water), to provision of adequate
depreciation, reserve or replacement funds with respect to
the system or the bonds or notes, and to the payment of
principal, premium, if any, and interest on the bonds or
notes of the Agency (including amounts for the purchase of
such bonds or notes). The resolution shall provide that
revenues of the Municipal Joint Action Water Agency so
derived from the operation of the system, sufficient
(together with other receipts of the Agency which may be
applied to such purposes) to provide for such purposes, shall
be set aside as collected in a separate fund or funds and
used for such purposes. The resolution may provide that
revenues not required for such purposes may be used for any
proper purpose of the Agency or may be returned to member
municipalities.
Any notes of a Municipal Joint Action Water Agency issued
in anticipation of the issuance of bonds by it may, in
addition, be secured by a pledge of proceeds of bonds to be
issued by the Agency, as specified in the resolution
authorizing the issuance of such notes.
4. (i) Except as provided in clauses (ii) and (iii) of
this subparagraph 4 of this paragraph (e), all bonds and
notes of the Municipal Joint Action Water Agency issued
pursuant to this paragraph (e) shall be revenue bonds or
notes. Such revenue bonds or notes shall have no claim for
payment other than from revenues of the Agency derived from
the operation of its joint waterworks or water supply system
(including from contracts for the sale of water by the
Agency) and investment earnings thereon, from bond or note
proceeds and investment earnings thereon, or from such other
receipts of the Agency as the agreement establishing the
Agency may authorize to be pledged to the payment of revenue
bonds or notes, all as and to the extent as provided in the
resolution of the Board of Directors authorizing the issuance
of the revenue bonds or notes. Revenue bonds or notes issued
by a Municipal Joint Action Water Agency pursuant to this
paragraph (e) shall not constitute an indebtedness of the
Agency or of any member municipality, public water district,
township, or county within the meaning of any constitutional
or statutory limitation. It shall be plainly stated on each
revenue bond and note that it does not constitute an
indebtedness of the Municipal Joint Action Water Agency or of
any member municipality, public water district, township, or
county within the meaning of any constitutional or statutory
limitation.
(ii) If the Agreement so provides and subject to the
referendum provided for in clause (iii) of this subparagraph
4 of this paragraph (e), the Municipal Joint Action Water
Agency may borrow money for corporate purposes on the credit
of the Municipal Joint Action Water Agency, and issue general
obligation bonds therefor, in such amounts and form and on
such conditions as it shall prescribe, but shall not become
indebted in any manner or for any purpose in an amount
including existing indebtedness in the aggregate which
exceeds 5.75% of the aggregate value of the taxable property
within the boundaries of the participating municipalities,
public water districts, townships, and county service areas
within a member county determined by the governing body of
the county by resolution to be served by the Municipal Joint
Action Water Agency (including any territory added to the
Agency after the issuance of such general obligation bonds),
collectively defined as the "Service Area", as equalized and
assessed by the Department of Revenue and as most recently
available at the time of the issue of said bonds. Before or
at the time of incurring any such general obligation
indebtedness, the Municipal Joint Action Water Agency shall
provide for the collection of a direct annual tax, which
shall be unlimited as to rate or amount, sufficient to pay
the interest on such debt as it falls due and also to pay and
discharge the principal thereof at maturity, which shall be
within 40 years after the date of issue thereof. Such tax
shall be levied upon and collected from all of the taxable
property within the territorial boundaries of such Service
Area at the time of the referendum provided for in clause
(iii) and shall be levied upon and collected from all taxable
property within the boundaries of any territory subsequently
added to the Service Area. Dissolution of the Municipal
Joint Action Water Agency for any reason shall not relieve
the taxable property within such Service Area from liability
for such tax. Liability for such tax for property transferred
to or released from such Service Area shall be determined in
the same manner as for general obligation bonds of such
county, if in an unincorporated area, and of such
municipality, if within the boundaries thereof. The clerk or
other officer of the Municipal Joint Action Water Agency
shall file a certified copy of the resolution or ordinance by
which such bonds are authorized to be issued and such tax is
levied with the County Clerk or Clerks of the county or
counties containing the Service Area, and such filing shall
constitute, without the doing of any other act, full and
complete authority for such County Clerk or Clerks to extend
such tax for collection upon all the taxable property within
the Service Area subject to such tax in each and every year,
as required, in amounts sufficient to pay the principal of
and interest on such bonds, as aforesaid, without limit as to
rate or amount. Such tax shall be in addition to and in
excess of all other taxes authorized to be levied by the
Municipal Joint Action Water Agency or by such county,
municipality, township, or public water district. The
issuance of such general obligation bonds shall be subject to
the other provisions of this paragraph (e), except for the
provisions of clause (i) of this subparagraph 4.
(iii) No issue of general obligation bonds of the
Municipal Joint Action Water Agency (except bonds to refund
an existing bonded indebtedness) shall be authorized unless
the Municipal Joint Action Water Agency certifies the
proposition of issuing such bonds to the proper election
authorities, who shall submit the proposition to the voters
in the Service Area at an election in accordance with the
general election law, and the proposition has been approved
by a majority of those voting on the proposition.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall general obligation
bonds for the purpose of (state
purpose), in the sum not to
exceed $....(insert amount), Yes
be issued by the ......... ------------------------
(insert corporate name of the No
Municipal Joint Action Water
Agency)?
-------------------------------------------------------------
5. As long as any bonds or notes of a Municipal Joint
Action Water Agency created pursuant to this Section 3.1 are
outstanding and unpaid, the Agency shall not terminate or
dissolve and, except as permitted by the resolution or
resolutions authorizing outstanding bonds or notes, no member
municipality, public water district, township, or county may
withdraw from the Agency. While any such bonds or notes are
outstanding, all contracts for the sale of water by the
Agency to member municipalities, public water districts,
townships, or counties shall be irrevocable except as
permitted by the resolution or resolutions authorizing such
bonds or notes. The Agency shall establish fees and charges
for its operations sufficient to provide adequate revenues to
meet all of the requirements under its various resolutions
authorizing bonds or notes.
6. A holder of any bond or note issued pursuant to this
paragraph (e) may, in any civil action, mandamus or other
proceeding, enforce and compel performance of all duties
required to be performed by the Agency or such counties, as
provided in the authorizing resolution, or by any of the
public agencies contracting with the Agency to purchase
water, including the imposition of fees and charges, the
collection of sufficient revenues and the proper application
of revenues as provided in this paragraph (e) and the
levying, extension and collection of such taxes.
7. In addition, the resolution authorizing any bonds or
notes issued pursuant to this paragraph (e) may provide for a
pledge, assignment, lien or security interest, for the
benefit of the holders of any or all bonds or notes of the
Agency, (i) on any or all revenues derived from the operation
of the joint waterworks or water supply system (including
from contracts for the sale of water) and investment earnings
thereon or (ii) on funds or accounts securing the payment of
the bonds or notes as provided in the authorizing resolution.
In addition, such a pledge, assignment, lien or security
interest may be made with respect to any receipts of the
Agency which the agreement establishing the Agency authorizes
it to apply to payment of bonds or notes. Any such pledge,
assignment, lien or security interest for the benefit of
holders of bonds or notes shall be valid and binding from the
time the bonds or notes are issued, without any physical
delivery or further act, and shall be valid and binding as
against or prior to any claims of any other party having any
claims of any kind against the Agency irrespective of whether
such other parties have notice of such pledge, assignment,
lien or security interest.
A resolution of a Municipal Joint Water Agency
authorizing the issuance of bonds or notes pursuant to this
paragraph (e) may provide for the appointment of a corporate
trustee with respect to any or all of such bonds or notes
(which trustee may be any trust company or state or national
bank having the power of a trust company within Illinois).
In that event, the resolution shall prescribe the rights,
duties and powers of the trustee to be exercised for the
benefit of the Agency and the protection of the holders of
such bonds or notes. The resolution may provide for the
trustee to hold in trust, invest and use amounts in funds and
accounts created as provided in the resolution. The
resolution authorizing the bonds or notes may provide for the
assignment and direct payment to the trustee of amounts owed
by public agencies to the Municipal Joint Action Water Agency
under water sales contracts for application by the trustee to
the purposes for which such revenues are to be used as
provided in this paragraph (e) and as provided in the
authorizing resolution. Upon receipt of notice of such
assignment, the public agency shall thereafter make the
assigned payments directly to such trustee.
Nothing in this Section authorizes a Joint Action Water
Agency to provide water service directly to residents within
a municipality or in territory within one mile or less of the
corporate limits of a municipality that operates a public
water supply unless the municipality has consented in writing
to such service being provided.
(Source: P.A. 87-1126.)
Section 20. The Property Tax Code is amended by
changing Section 2-70 as follows:
(35 ILCS 200/2-70)
Sec. 2-70. Salary. Each multi-township or township
board of trustees shall set the salary of its multi-township
or township assessor at least 150 days before his or her
election. Each township board of trustees shall set the
salary of its township assessor at the same time it sets the
compensation of its township supervisor.
(Source: P.A. 82-554; 88-455.)
Section 25. The Bi-State Development Agency Act is
amended by adding Section 9 as follows:
(45 ILCS 105/9 new)
Sec. 9. Conference by communications equipment. The
commissioners of the Bi-State Development Agency may
participate in a committee or board meeting by conference
telephone or other communication equipment if all persons
attending the meeting, including the general public, can hear
and communicate with the commissioners when appropriate.
Participation in a committee or board meeting in this manner
by a commissioner shall constitute presence in person at the
meeting.
Section 30. The Township Code is amended by changing
Sections 30-10, 30-145, 50-15, 50-40, 65-5, 65-20, 70-45,
80-20, 185-5, 185-10, 185-15, 185-20, 185-30, 185-35, 185-50,
and 185-65 and the heading of Article 185 as follows:
(60 ILCS 1/30-10)
Sec. 30-10. Notice of meeting. Notice of the time and
place of holding township meetings and the agenda approved by
the township board at their prior meeting shall be given by
the township clerk (or, in the clerk's absence, the
supervisor, assessor, or collector) by posting written or
printed notices in 3 of the most public places in the
township at least 10 days before the meeting and, if there is
an English language newspaper published in the township, by
at least one publication in that newspaper before the
meeting. The notice shall set forth the agenda as approved
by the township board. Additional agenda items may be added
only by a three-fifths majority vote of the electors in
attendance at the meeting.
(Source: P.A. 87-738; 88-62.)
(60 ILCS 1/30-145)
(Text of Section before amendment by P.A. 89-507)
Sec. 30-145. Mental health services. If a township is
not included in a mental health district organized under the
Community Mental Health Act, the electors may authorize the
township board of trustees to provide mental health services,
including services for the alcoholic, the drug addicted, and
the mentally retarded, for residents of the township by
disbursing existing funds if available by contracting with an
appropriation to mental health agencies approved by the
Department of Mental Health and Developmental Disabilities,
alcoholism treatment programs licensed by the Department of
Public Health, and drug abuse facilities and other alcohol
and drug abuse services approved by the Department of
Alcoholism and Substance Abuse. To be eligible to receive
township funds, an agency, program, facility, or other
service provider must have been in existence for more than
one year and must serve the township area.
(Source: P.A. 83-969; 88-62.)
(Text of Section after amendment by P.A. 89-507)
Sec. 30-145. Mental health services. If a township is
not included in a mental health district organized under the
Community Mental Health Act, the electors may authorize the
board of trustees to provide mental health services,
including services for the alcoholic, the drug addicted, and
the mentally retarded, for residents of the township by
disbursing existing funds if available by contracting with an
appropriation to mental health agencies approved by the
Department of Human Services, alcoholism treatment programs
licensed by the Department of Public Health, and drug abuse
facilities and other alcohol and drug abuse services approved
by the Department of Human Services. To be eligible to
receive township funds, an agency, program, facility, or
other service provider must have been in existence for more
than one year and must serve the township area.
(Source: P.A. 88-62; 89-507, eff. 7-1-97.)
(60 ILCS 1/50-15)
Sec. 50-15. Time of entering upon duties.
(a) In all counties, the township collectors elected at
the township election shall enter upon their duties on
January 1 next following their election and qualification.
(b) In all counties, township supervisors and township
clerks, in counties having a population less than 500,000
shall enter upon their duties on the first Monday of May the
month following their election.
(c) Beginning with elections in 1981 in all counties,
the township and multi-township assessors shall enter upon
their duties on January 1 next following their election.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/50-40)
Sec. 50-40. Township trustees; time of election and
terms. Except in townships organized under Article 15, at the
regular township election provided in the general election
law there shall be elected 4 members to serve on the township
board. They shall be known as township trustees and shall
hold their office for a term of 4 years beginning the first
Monday of May the month following their election and until
their successors are elected and qualified.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/65-5)
Sec. 65-5. Compensation of township officers. Township
officers are entitled to compensation at the rates specified
in this Article for each day necessarily devoted by them to
the services of the township in the duties of their
respective offices. Compensation set by a multi-township
board for the multi-township assessor shall be set at least
150 days before the election of that officer. Compensation
set by a township board for the township assessor and
collector shall be set at the same time the compensation of
its supervisor is set.
(Source: P.A. 86-1028; 88-62.)
(60 ILCS 1/65-20)
Sec. 65-20. Road district treasurer; new township;
multi-township officers.
(a) Compensation of township officers shall be set by
the township board at least 180 days before the beginning of
the terms of officers On or before the last Tuesday of March
immediately preceding the election of township officers, the
township board shall establish the compensation to be paid
each township officer elected at that election, including
compensation of the road district treasurer, which whose
compensation shall be not less than $100 or more than $1,000
per year. Compensation of a township assessor and collector
shall be set at the same time as the compensation of the
township supervisor. Compensation of a multi-township
assessor shall be set at least 150 days before his or her
election.
(b) The compensation to be paid to each officer in a new
township established under Section 10-25 shall be determined
under this Section by the township board of the township the
whole or a part of which comprises the new township and that
has the highest equalized assessed valuation (as of December
31, 1972) of the old townships that comprise the new
township.
(c) At least 150 days before On or before the last
Tuesday of March immediately preceding the election of
multi-township officers, the multi-township board may
establish additional pay of those board members for their
services in an amount not to exceed $25 per day for each day
of services.
(Source: P.A. 84-277; 88-62.)
(60 ILCS 1/70-45)
Sec. 70-45. Supervisors in Cook County. The supervisors
of townships in Cook County shall perform the same duties as
supervisors of townships in other counties under township
organization, except that they shall not be members of the
county board or exercise any of the powers of county board
members. They shall have the same compensation for their
services prescribed by law for similar services rendered by
other township supervisors.
Township supervisors may serve as members of the Cook
County Townships Public Aid Committee. The supervisors shall
not receive additional compensation for duties associated
with the Cook County Townships Public Aid Committee but shall
be reimbursed for actual and necessary expenses related to
service on the Committee.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/80-20)
Sec. 80-20. Independent audit of accounts.
(a) All accounts audited under this Article (and those
rejected, if any) shall be delivered with the certificate of
the trustees (or a majority of them) to the township clerk,
who shall keep them on file for the inspection of any of the
inhabitants of the township. They shall also be produced by
the township clerk at the next annual meeting and shall be
read at the meeting by the clerk.
(b) In townships that appropriate $200,000 or more
during any fiscal year, exclusive of road funds, the township
board shall have the accounts and all records of the township
thoroughly audited by a certified public accountant within 6
months after the close of each fiscal year. The board shall
have a copy of the accountant's report and recommendations
filed with the township clerk and another copy filed with the
county clerk for public inspection.
(c) In townships that appropriate less than $200,000
during any fiscal year, exclusive of road funds, the township
board shall have the accounts and all records of the township
audited and inspected by an independent auditing committee
composed of 3 township electors chosen by the board. The
audit shall be completed within 6 months after the close of
each fiscal year. A copy of the auditing committee's report
and recommendations shall be filed with the township clerk
and another copy shall be filed with the county clerk for
public inspection. The auditing committee shall not contain
any member of the township board or any person related to a
trustee. Members of the auditing committee shall be
proficient in accounting principles and practices and shall
be compensated at a rate determined by the township board but
not to exceed $50 per day. Audits performed by an auditing
committee under this subsection do not fulfill the obligation
of the township electors to order an audit under Section
30-175. In addition to the other audit requirements imposed
by law, in townships subject to this subsection, the township
board shall have the accounts and all records of the township
thoroughly audited by a certified public accountant within 6
months after (i) the end of each term of office of the
township supervisor and (ii) a vacancy occurs in the office
of township supervisor. A copy of the accountant's report and
recommendations shall be filed with the township clerk and
another copy shall be filed with the county clerk for public
inspection.
(Source: P.A. 87-388; 87-847; 88-62; incorporates 88-360;
88-670, eff. 12-2-94.)
(60 ILCS 1/Art. 185 heading)
ARTICLE 185. FACILITIES AND SERVICES
FOR MENTALLY RETARDED AND DEVELOPMENTALLY DISABLED PERSONS
(60 ILCS 1/185-5)
Sec. 185-5. Facilities and services; tax.
(a) A township may provide facilities or services for
the benefit of its residents who are persons with a mental
illness or developmental disability and who are not eligible
to participate in any program conducted under Article 14 of
the School Code, or a township may contract for those
facilities or services with any privately or publicly
operated entity that provides facilities or services either
in or outside the township.
(b) For the purpose described in subsection (a), the
township board may, pursuant to the referendum requirements
in Section 185-10, levy an annual tax of not more than 0.1%
of the value of all the taxable property in the township, as
equalized or assessed by the Department of Revenue, upon that
property. The tax shall be levied and collected in the same
manner as other township taxes but shall not be included in
any limitation otherwise prescribed as to the rate or amount
of township taxes and shall be in addition to and in excess
of other township taxes. When collected, the tax shall be
paid into a special fund in the township treasury, designated
the "Fund for Persons with a Mental Illness or Developmental
Disability", and shall, together with any interest earned, be
used only for the purpose specified in this Article.
(Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
12-2-94.)
(60 ILCS 1/185-10)
Sec. 185-10. Referendum.
(a) Before a tax may be levied under Section 185-5, the
township board shall certify that question to the proper
election officials, who shall submit the proposition at an
election under the general election law. The proposition
shall be in substantially the following form:
Shall (name of township) be authorized to levy an
annual tax of not more than 0.1% of the value of all the
taxable property in the township for the purpose of
providing services and facilities to residents who are
persons with a mental illness or developmental
disability?
The votes shall be recorded as "Yes" or "No".
(b) If a majority of the voters voting on the
proposition vote in favor of it, the tax levy is authorized.
If a majority of the vote is against the proposition, the tax
levy is not authorized.
(Source: P.A. 87-895; 88-62; incorporates 88-380; 88-670,
eff. 12-2-94.)
(60 ILCS 1/185-15)
Sec. 185-15. Board of directors to administer Article.
When a township has authority to levy a tax for the purpose
of this Article, the township supervisor, with the advice and
consent of the township board, shall appoint a board of 3
directors who shall administer this Article. The board shall
be designated the "(name of township) Board for Care and
Treatment of Persons with a Mental Illness or Developmental
Disability". The initial appointees shall be appointed for
terms expiring, respectively, on June 30 in the first,
second, and third years following their appointment as
designated by the appointing authority. All succeeding terms
shall be for 3 years, and successors shall be appointed in
the same manner as the initial appointees. Vacancies shall
be filled in the same manner for the balance of the unexpired
term. Each director shall serve until his or her successor
is appointed. Directors shall serve without compensation but
shall be reimbursed for expenses reasonably incurred in the
performance of their duties.
(Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
12-2-94.)
(60 ILCS 1/185-20)
Sec. 185-20. Directors' meetings and powers.
(a) The directors shall meet annually in July and shall
elect one of their number as president and one as secretary.
They shall adopt rules deemed proper and expedient for the
administration of this Article. They shall report annually
to the township board, giving a detailed statement of their
administration.
(b) The board shall have exclusive control of all money
paid into the Fund for Persons with a Mental Illness or
Developmental Disability and shall draw upon the township
treasurer for all or any part of that fund required by the
board in the performance of its duties and exercise of its
powers under this Article.
(c) The board may establish, maintain, and equip
facilities within the township for the care and treatment of
persons with a mental illness or developmental disability,
together with auxiliary facilities connected with those
facilities that the board finds necessary. For those
purposes, the board may acquire, to be held in its name, real
and personal property within the township by gift, grant,
legacy, purchase, or lease and may occupy, purchase, lease,
or erect an appropriate building or buildings for the use of
the facilities and all related facilities and activities.
(d) The board may provide for the care and treatment of
persons with a developmental disability who are not residents
of the township and may establish and collect reasonable
charges for those services.
(Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
12-2-94.)
(60 ILCS 1/185-30)
Sec. 185-30. Maintenance charge. The board of directors
may impose a maintenance charge upon the estate of any person
with a mental illness or developmental disability receiving
the benefits of the facilities or services described in
Section 185-5. If the person's estate is insufficient, the
parent or parents of the person are liable for payment and
the amount due.
(Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
12-2-94.)
(60 ILCS 1/185-35)
Sec. 185-35. Rate of maintenance charge. The rate at
which the board of directors shall calculate the sums to be
charged under Section 185-30 is the average per capita
operating cost for all persons receiving the benefit of the
facilities or services computed for each fiscal year. The
board may, however, in its discretion, set the rate at a
lesser amount than the average per capita cost. Lesser
amounts may be accepted by the board when conditions warrant
that action or when money is offered by persons not liable
under Section 185-30. Any money received under this Section
shall be paid into the township Fund for Persons with a
Mental Illness or Developmental Disability.
(Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
12-2-94.)
(60 ILCS 1/185-50)
Sec. 185-50. Petition for modifying maintenance charge.
Any person who has been issued a statement of any sum due for
maintenance charges for a person with a mental illness or
developmental disability may petition the board of directors
for a modification of the statement, and the board shall
provide for a hearing on the petition. The board may, after
a hearing, grant relief it deems proper.
(Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
12-2-94.)
(60 ILCS 1/185-65)
(Text of Section before amendment by P.A. 89-507)
Sec. 185-65. Department of Mental Health and
Developmental Disabilities powers.
(a) The Department of Mental Health and Developmental
Disabilities ("Department") may adopt rules for the guidance
of any board of directors, prescribing reasonable standards
concerning programs, facilities, and services for persons
with a mental illness or developmental disability.
(b) The provisions of the Illinois Administrative
Procedure Act are hereby expressly adopted and apply to all
administrative rules and procedures of the Department under
this Article, except that in case of conflict between the
Illinois Administrative Procedure Act and this Article the
provisions of this Article shall control, and except that
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking does not apply to the
adoption of any rule required by federal law in connection
with which the Department is precluded by law from exercising
any discretion.
(c) The Department may conduct any investigation
necessary to ascertain compliance with rules adopted under
this Article.
(d) If a board of directors fails to comply with the
Department's rules, the Department shall withhold
distribution of any State grant in aid until the board
complies with the rules.
(Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
12-2-94.)
(Text of Section after amendment by P.A. 89-507)
Sec. 185-65. Department of Human Services powers.
(a) The Department of Human Services ("Department") may
adopt rules for the guidance of any board of directors,
prescribing reasonable standards concerning programs,
facilities, and services for persons with a mental illness or
developmental disability.
(b) The provisions of the Illinois Administrative
Procedure Act are hereby expressly adopted and apply to all
administrative rules and procedures of the Department under
this Article, except that in case of conflict between the
Illinois Administrative Procedure Act and this Article the
provisions of this Article shall control, and except that
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking does not apply to the
adoption of any rule required by federal law in connection
with which the Department is precluded by law from exercising
any discretion.
(c) The Department may conduct any investigation
necessary to ascertain compliance with rules adopted under
this Article.
(d) If a board of directors fails to comply with the
Department's rules, the Department shall withhold
distribution of any State grant in aid until the board
complies with the rules.
(Source: P.A. 88-62; incorporates 88-380; 88-670, eff.
12-2-94; 89-507, eff. 7-1-97.)
Section 35. The Illinois Municipal Code is amended by
changing Section 3.1-50-10 as follows:
(65 ILCS 5/3.1-50-10) (from Ch. 24, par. 3.1-50-10)
Sec. 3.1-50-10. Fixing salaries. The corporate
authorities of a municipality may fix the salaries of all
municipal officers and employees in the annual appropriation
or budget ordinance. They may fix the salary of all officers
who hold elective office for a definite term in an ordinance
other than the appropriation or budget ordinance. The
salaries that are fixed in the annual appropriation ordinance
shall neither be increased nor diminished during the fiscal
year for which the appropriation is made. The salaries that
are fixed by ordinance for those officers who hold elective
office for a definite term shall neither be increased nor
diminished during that term and shall be fixed at least 180
days before the beginning of the terms of the officers whose
compensation is to be fixed 2 months before to a general
municipal election in which voting is held for those offices.
(Source: P.A. 87-1119.)
Section 40. The Illinois Public Aid Code is amended by
changing Section 11-8 as follows:
(305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
Sec. 11-8. Appeals - To Whom taken. Applicants or
recipients of aid may, at any time within 60 days after the
decision of the County Department or local governmental unit,
as the case may be, appeal a decision denying or terminating
aid, or granting aid in an amount which is deemed inadequate,
or changing, cancelling, revoking or suspending grants as
provided in Section 11-16, or determining to make a
protective payment under the provisions of Sections 3-5a or
4-9, or a decision by an administrative review board to
impose administrative safeguards as provided in Section 8A-8.
An appeal shall also lie when an application is not acted
upon within 30 days after the filing of the application, or
within a different time period as provided by rule of the
Illinois Department, if an adjustment is necessary to conform
with Federal requirements.
If an appeal is not made, the action of the County
Department or local governmental unit shall be final.
Appeals by applicants or recipients under Articles III,
IV, V or VII shall be taken to the Illinois Department.
Appeals by applicants or recipients under Article VI
shall be taken as follows:
(1) In counties under township organization (except
such counties in which the governing authority is a Board
of Commissioners) appeals shall be to a Public Aid
Committee consisting of the Chairman of the County Board,
and 4 members who are township supervisors of general
assistance, appointed by the Chairman, with the advice
and consent of the county board.
(2) In counties in excess of 3,000,000 population
and under township organization in which the governing
authority is a Board of Commissioners, appeals of persons
from government units outside the corporate limits of a
city, village or incorporated town of more than 500,000
population, and of persons from incorporated towns which
have superseded civil townships in respect to aid under
Article VI, shall be to the Cook County Townships a
Public Aid Committee consisting of 2 township supervisors
and 3 persons knowledgeable in the area of General
Assistance and the regulations of the Illinois Department
pertaining thereto and who are not officers, agents or
employees of any township, except that township
supervisors may serve as members of the Cook County
Township Public Aid and Committee. The 5 member
committee shall be appointed by the township supervisors.
The first appointments shall be made with one person
serving a one year term, 2 persons serving a 2 year term,
and 2 persons serving a 3 year term. Committee members
shall thereafter serve 3 year terms. In any appeal
involving a local governmental unit whose supervisor of
general assistance is a member of the Committee, such
supervisor shall not act as a member of the Committee for
the purposes of such appeal. The township whose action,
inaction, or decision is being appealed shall bear the
expenses related to the appeal as determined by the Cook
County Townships Public Aid Committee. A township
supervisor's compensation for general assistance or
township related duties shall not be considered an
expense related to the appeal except for expenses related
to service on the Committee.
(3) In counties described in paragraph (2) appeals
of persons from a city, village or incorporated town of
more than 500,000 population shall be to a Commissioner
of Appeals, appointed as an employee of the County
Department of Public Aid in accordance with and subject
to the provisions of Section 12-21.3.
(4) In counties not under township organization,
appeals shall be to the County Board of Commissioners
which shall for this purpose be the Public Aid Committee
of the County.
In counties designated in paragraph (1) the Chairman or
President of the County Board shall appoint, with the advice
and consent of the county board, one or more alternate
members of the Public Aid Committee. All regular and
alternate members shall be Supervisors of General Assistance.
In any appeal involving a local governmental unit whose
Supervisor of General Assistance is a member of the
Committee, he shall be replaced for that appeal by an
alternate member designated by the Chairman or President of
the County Board, with the advice and consent of the county
board. In these counties not more than 3 of the 5 regular
appointees shall be members of the same political party
unless the political composition of the Supervisors of the
General Assistance precludes such a limitation. In these
counties at least one member of the Public Aid Committee
shall be a person knowledgeable in the area of general
assistance and the regulations of the Illinois Department
pertaining thereto. If no member of the Committee possesses
such knowledge, the Illinois Department shall designate an
employee of the Illinois Department having such knowledge to
be present at the Committee hearings to advise the Committee.
In every county the County Board shall provide facilities
for the conduct of hearings on appeals under Article VI. All
expenses incident to such hearings shall be borne by the
county except that in counties under township organization in
which the governing authority is a Board of Commissioners (1)
the salary and other expenses of the Commissioner of Appeals
shall be paid from General Assistance funds available for
administrative purposes, and (2) all expenses incident to
such hearings shall be borne by the township and the per diem
and traveling expenses of the township supervisors serving on
the Public Aid Committee shall be fixed and paid by their
respective townships. In all other counties the members of
the Public Aid Committee shall receive the compensation and
expenses provided by law for attendance at meetings of the
County Board.
In appeals under Article VI involving a governmental unit
receiving State funds, the Public Aid Committee and the
Commissioner of Appeals shall be bound by the rules and
regulations of the Illinois Department which are relevant to
the issues on appeal, and shall file such reports concerning
appeals as the Illinois Department requests.
An appeal shall be without cost to the appellant and
shall be made, at the option of the appellant, either upon
forms provided and prescribed by the Illinois Department or,
for appeals to a Public Aid Committee, upon forms prescribed
by the County Board; or an appeal may be made by calling a
toll-free number provided for that purpose by the Illinois
Department and providing the necessary information. The
Illinois Department may assist County Boards or a
Commissioner of Appeals in the preparation of appeal forms,
or upon request of a County Board or Commissioner of Appeals
may furnish such forms. County Departments and local
governmental units shall render all possible aid to persons
desiring to make an appeal. The provisions of Sections 11-8.1
to 11-8.7, inclusive, shall apply to all such appeals.
(Source: P.A. 87-630.)
(60 ILCS 1/30-55 rep.)
(60 ILCS 1/30-80 rep.)
(60 ILCS 1/30-175 rep.)
(60 ILCS 1/65-15 rep.)
Section 45. The Township Code is amended by repealing
Sections 30-55, 30-80, 30-175, and 65-15.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
5 ILCS 220/3.1 from Ch. 127, par. 743.1
35 ILCS 200/2-70
45 ILCS 105/9 new
60 ILCS 1/30-10
60 ILCS 1/30-145
60 ILCS 1/50-15
60 ILCS 1/50-40
60 ILCS 1/65-5
60 ILCS 1/65-20
60 ILCS 1/70-45
60 ILCS 1/80-20
65 ILCS 5/3.1-50-10 from Ch. 24, par. 3.1-50-10
305 ILCS 5/11-8 from Ch. 23, par. 11-8
60 ILCS 1/30-55 rep.
60 ILCS 1/30-80 rep.
60 ILCS 1/30-175 rep.
60 ILCS 1/65-15 rep.