HB3385 98TH GENERAL ASSEMBLY

LRB098 06236 OMW 36277 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3385

Introduced , by Rep. Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-26005	from Ch. 34, par. 5-26005
60 ILCS 1/160-5
65 ILCS 5/11-116-2	from Ch. 24, par. 11-116-2
70 ILCS 1205/10-4	from Ch. 105, par. 10-4

Amends the Counties Code. Provides that it shall be lawful for the county board to appropriate funds to maintain a memorial within the county. Amends the Township Code. Provides that the township shall provide for the maintenance of a monument or memorial erected pursuant to a vote by voters of the township. Amends the Illinois Municipal Code. Provides that the corporate authorities of a municipality shall levy and collect taxes, as necessary, for the maintenance of memorials erected in that municipality pursuant to a majority vote. Amends the Park District Act. Provides that any memorial built on leased land within a park district must be maintained by the organization that leased the land. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 5-26005 as follows:

(55 ILCS 5/5-26005) (from Ch. 34, par. 5-26005)

Sec. 5-26005. Maintenance. Whenever any memorial building is erected through private subscriptions, as herein provided, or any veterans' memorial is erected, it shall be lawful for the county board or board of county commissioners, as the case may be, to appropriate such sums of money from year to year as it may deem reasonable and proper to cover any deficiency in the cost of the maintenance thereof.

(Source: P.A. 86-962.)

Section 10. The Township Code is amended by changing Section 160-5 as follows:

(60 ILCS 1/160-5)

Sec. 160-5. Township monuments; petition and referendum.

(a) Upon the petition of 100 or more legal voters of a township being filed with the township clerk praying that the proposition of erecting or completing a monument or memorial in honor of its soldiers and sailors or other notable persons buried in the township be submitted to the voters of the township at an election, the township clerk shall certify the proposition to the proper election officials, who shall submit the proposition to the voters of the township at an election in accordance with the general election law.

(b) The form of the proposition shall be substantially as follows:

Shall a monument or memorial be erected in honor of (the soldiers and sailors of the township or other notable person)?

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

(c) If a majority of all the votes cast upon the proposition are in favor of it, the township supervisor, township clerk, and township treasurer, within one year after the election, shall purchase or procure a site and erect the monument or memorial.

(d) Provisions for the payment and maintenance for the monument or memorial shall be made by the proper taxing and financial officers in the same manner as for other township expenditures.

(Source: P.A. 81-1489; 88-62.)

Section 15. The Illinois Municipal Code is amended by changing Section 11-116-2 as follows:

(65 ILCS 5/11-116-2) (from Ch. 24, par. 11-116-2)

Sec. 11-116-2. When the petition specified in this Division 116 is filed with the municipal clerk of a municipality specified in this Division 116, the question of erecting a monument or memorial shall be certified by the clerk and submitted to the electors of the municipality. The question shall be in substantially the following form:

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Shall a monument (or memorial be erected in honor of YES ....... (insert for whom to be --------------------------

erected) by .......... (insert name of the municipality) at a NO cost not to exceed $....?

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If a majority of those voting on the question vote yes, the corporate authorities shall have the monument or memorial erected and, if necessary, shall levy and collect, in the same manner as other general taxes are levied and collected, a tax sufficient to raise the amount specified in the petition, and to provide for the maintenance of the memorial.

(Source: P.A. 81-1489.)

Section 20. The Park District Code is amended by changing Section 10-4 as follows:

(70 ILCS 1205/10-4) (from Ch. 105, par. 10-4)

Sec. 10-4. Any park district shall have the power to acquire by gift, grant or purchase, real estate and lands for use as a site for an armory and to convey, sell, donate, lease or rent real estate or lands so acquired and any real estate or lands now owned by such park district to the State of Illinois or to any proper agency thereof for use as a site for an armory, but the park district shall have no power to divert any gift, grant or legacy from the specific purpose designated by the donor.

Such district shall have power to acquire by lease or permit the right to occupy and use real estate, land and riparian estates for park and playground purposes and to improve, maintain and equip the same as a park or playground, and to place permanent buildings and structures thereon.

Such district may by ordinance lease, for any period not exceeding 99 years, any tract or parcel of land of the park district to any organization incorporated under the laws of this State as a corporation not for pecuniary profit, as a site for a memorial to the military and naval forces of this State and of the United States, provided that such organization shall be responsible for the maintenance of the memorial.

(Source: P.A. 83-388.)

Section 99. Effective date. This Act takes effect upon becoming law.