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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, |
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 and by changing Section 2-4006 as |
11 | | 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 | | Section 15. The Township Code is amended by adding Articles |
23 | | 22, 23, and 29, and by changing Sections 25-15, 25-25 and 65-20 |
24 | | as follows: |
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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 in a newspaper |
7 | | having a general circulation in the townships affected. The |
8 | | notice shall be published at least 30 days before the date of |
9 | | the hearing. The notice shall contain, at a minimum, the name |
10 | | of all townships that will be consolidating and a description |
11 | | of the area of consolidation. |
12 | | (60 ILCS 1/22-10 new) |
13 | | Sec. 22-10. Referendum. |
14 | | (a) Upon the adoption of resolutions under Section 22-5 by |
15 | | each township, the township boards shall certify the question |
16 | | to the election authority and the authority shall cause to be |
17 | | submitted to the voters of each township at the general |
18 | | election specified in the resolutions a referendum to |
19 | | consolidate the townships. The referendum shall be |
20 | | substantially in the following form: |
21 | | Shall (names of townships) be consolidated into [a new |
22 | | township called (name of proposed consolidated |
23 | | township)/the township of (name of existing township)]? |
24 | | The votes shall be recorded as "Yes" or "No". The |
25 | | referendum is approved when a majority of the voters, in each |
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1 | | of the affected townships, approve the referendum. |
2 | | (b) Before a referendum appears on the ballot under |
3 | | subsection (a), each township board shall publish a copy of the |
4 | | adopted resolution in a newspaper having a general circulation |
5 | | in each of the townships affected. The notice shall be |
6 | | published at least 30 days before the date of the general |
7 | | election in which the referendum will appear. |
8 | | Each township board shall additionally mail a copy of the |
9 | | adopted resolution, along with a copy of the referendum |
10 | | language and a list of all taxes levied for general township |
11 | | purposes in the affected townships, to every registered voter |
12 | | in each township affected. The notice shall be mailed at least |
13 | | 30 days before the date of the general election in which the |
14 | | referendum will appear. |
15 | | (c) Notwithstanding any provision of law to the contrary, |
16 | | no tax rate may be extended for any fund of the consolidated |
17 | | district for the first levy year of the consolidated district |
18 | | that exceeds any statutory maximum set forth for that fund, |
19 | | unless the referendum also conforms to the requirements of the |
20 | | Property Tax Extension Limitation Law or other statutory |
21 | | provision setting forth that limitation. |
22 | | (60 ILCS 1/22-15 new) |
23 | | Sec. 22-15. Transition. Notwithstanding any other |
24 | | provision of law to the contrary, upon the approval of a |
25 | | referendum under Section 22-10: |
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1 | | (a) There shall be no further nominations or elections for |
2 | | clerks, assessors, collectors, highway commissioners, |
3 | | supervisors, or trustees of any of the separate townships or |
4 | | highway commissions, and the terms of all such officers |
5 | | currently serving shall continue until the third Monday of May |
6 | | of the year in which township officials are elected next |
7 | | following the approval of a referendum under Section 22-10. |
8 | | (b) A Transition Township Board is formed and is composed |
9 | | of the members of the separate townships boards. The Transition |
10 | | Township Board shall have only the following powers: (1) to |
11 | | propose and approve the compensation of all officials of the |
12 | | consolidated township that will be elected at the consolidated |
13 | | election next following the passage of the referendum under |
14 | | Section 22-10; and (2) to propose and approve additional debt |
15 | | to be taken on by any of the separate townships. |
16 | | (c) The Transition Township Board shall hold a public |
17 | | hearing no later than the last Tuesday in December before the |
18 | | consolidated township board of trustees are elected next |
19 | | following the approval of a referendum under Section 22-10. If |
20 | | the Board cannot agree on the compensation for an official by |
21 | | the first Tuesday in April before the consolidated election of |
22 | | township officials next following the approval of a referendum |
23 | | under Section 22-10, then the compensation for that official |
24 | | shall be equal to the lowest compensation for the same office |
25 | | between the separate townships in the previous calendar year. |
26 | | (d) The separate townships shall not incur any additional |
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1 | | debt without the approval of the Transition Township Board. For |
2 | | purposes of this Section, "debt" shall have the meaning |
3 | | ascribed to that term in Section 23-5. |
4 | | (e) Section 3-7 of the Election Code shall govern those |
5 | | individuals entitled to caucus, vote for, be nominated for, and |
6 | | run for offices for the consolidated township at the |
7 | | consolidated election of township officials next following the |
8 | | approval of a referendum under Section 22-10. |
9 | | (60 ILCS 1/22-20 new) |
10 | | Sec. 22-20. Consolidated township. |
11 | | (a) On the third Monday of May of the year in which |
12 | | township officials are elected following the approval of a |
13 | | referendum under Section 22-10, the following shall occur: |
14 | | (1) the separate townships cease and the consolidated |
15 | | township is created; |
16 | | (2) all rights, powers, duties, assets, and property, |
17 | | together with all personnel, contractual obligations, |
18 | | other obligations, responsibilities, and liabilities of |
19 | | the separate townships are transferred to the consolidated |
20 | | township; those rights include, but are not limited to, the |
21 | | authority to continue to collect, receive, and expend the |
22 | | proceeds of any tax levied by any of the separate townships |
23 | | prior to the creation of the consolidated township without |
24 | | an additional ordinance, resolution, or referendum; the |
25 | | proceeds of any tax levied by any of the separate townships |
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1 | | prior to the creation of the consolidated township shall be |
2 | | expended or disposed of by the consolidated township in the |
3 | | same manner as such assessments might have been expended or |
4 | | disposed of by the separate townships; however, if the |
5 | | consolidated township board determines that there is a |
6 | | surplus in the fund for general township purposes on |
7 | | December 31 of the calendar year in which the consolidation |
8 | | occurs, then any portion of the surplus that is solely |
9 | | attributable to the consolidation shall be refunded to the |
10 | | owners of record of taxable property within the |
11 | | consolidated district on a pro rata basis; and |
12 | | (3) road districts located within the separate |
13 | | townships are abolished. |
14 | | (b) When a new township is created, a new road district |
15 | | encompassing the consolidated township is created. All the |
16 | | rights, powers, duties, assets, property, liabilities, |
17 | | obligations, and responsibilities of the separate road |
18 | | districts shall vest in and be assumed by the new road district |
19 | | as provided for in the resolutions adopted under Section 22-5. |
20 | | The new township board of trustees shall exercise the taxing |
21 | | authority of a road district abolished under this Section. The |
22 | | highway commissioners of the abolished road districts shall |
23 | | cease to hold office on the date the road district is |
24 | | abolished. The new township board shall exercise all duties and |
25 | | responsibilities of the highway commissioner as provided in the |
26 | | Illinois Highway Code. For purposes of distribution of revenue, |
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1 | | the new township shall assume the powers, duties, and |
2 | | obligations of the road district of the dissolving road |
3 | | district. The new township board may enter into a contract with |
4 | | the county, a municipality, or a private contractor
to |
5 | | administer the roads under the new road district. |
6 | | (c) When a township consolidates into an existing township, |
7 | | all the rights, powers, duties, assets, property, liabilities, |
8 | | obligations, and responsibilities of the abolished road |
9 | | districts shall vest in and be assumed by the existing |
10 | | township's road district as provided for in the resolutions |
11 | | adopted under Section 22-5. The consolidated township board of |
12 | | trustees shall exercise the taxing authority of a road district |
13 | | abolished under this Section. Highway commissioners of the |
14 | | abolished road districts shall cease to hold office on the date |
15 | | the road district is abolished. The consolidated township shall |
16 | | exercise all duties and responsibilities of the highway |
17 | | commissioner as provided in the Illinois Highway Code. For |
18 | | purposes of distribution of revenue, the existing township's |
19 | | road district or districts shall assume the powers, duties, and |
20 | | obligations of the road district of the dissolving road |
21 | | district. |
22 | | (60 ILCS 1/Art. 23 heading new) |
23 | | ARTICLE 23. MERGER OF A SINGLE |
24 | | TOWNSHIP INTO TWO OTHER TOWNSHIPS |
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1 | | (60 ILCS 1/23-5 new) |
2 | | Sec. 23-5. Definitions. As used in this Article: |
3 | | "Dissolving road district" means a road district in a |
4 | | dissolving township, which is dissolved under subsection (c) of |
5 | | Section 23-25. |
6 | | "Dissolving township" means a township which is proposed to |
7 | | be dissolved into and be merged with 2 other adjacent |
8 | | townships. |
9 | | "Equalized assessed value" has the meaning provided in |
10 | | Section 18-213 of the Property Tax Code. |
11 | | "Debt" means indebtedness incurred by a dissolving |
12 | | township including, but not limited to, mortgages, judgments, |
13 | | and moneys due through the issuance and sale of bonds, or |
14 | | through an equivalent manner of borrowing for which notes or |
15 | | other evidences of indebtedness are issued fixing the amount of |
16 | | principal and interest from time to time payable to retire the |
17 | | indebtedness. |
18 | | "Receiving township" means a township into which a portion |
19 | | of the dissolving township will be merged. |
20 | | (60 ILCS 1/23-10 new) |
21 | | Sec. 23-10. Resolution for merger; notice. |
22 | | (a) Notwithstanding any other provision of law to the |
23 | | contrary, the township boards of any 3 adjacent townships may, |
24 | | by identical resolutions of each board, propose that a township |
25 | | which borders the other 2 townships be dissolved by referendum |
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1 | | and all rights, powers, duties, assets, and property, together |
2 | | with all personnel, contractual obligations, other |
3 | | obligations, responsibilities, and liabilities of the |
4 | | dissolving township transferred to the receiving townships. |
5 | | Each resolution shall include, but is not limited to, the |
6 | | following: |
7 | | (1) a legal description of the former territory of the |
8 | | dissolving township each receiving township will take upon |
9 | | the dissolution of the dissolving township; |
10 | | (2) a description of how all assets and property, |
11 | | together with all personnel, contractual obligations, |
12 | | other obligations, responsibilities, and liabilities of |
13 | | the dissolving township will be transferred to the |
14 | | receiving townships; |
15 | | (3) the tax rates for general township purposes for the |
16 | | immediately preceding levy year, as extended and collected |
17 | | in the year in which the resolution is adopted, for the |
18 | | dissolving township and each receiving township; |
19 | | (4) a description and amount of all debt each receiving |
20 | | township shall assume after the dissolving township |
21 | | dissolves. The debt shall be assumed by each receiving |
22 | | township in equal proportion to the equalized assessed |
23 | | value of the land and property that will be received by |
24 | | each receiving township from the dissolving township |
25 | | unless otherwise agreed to in the resolutions; |
26 | | (5) a description of how each road district or road |
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1 | | districts of a dissolving township shall comply with |
2 | | subsection (c) of Section 23-25; and |
3 | | (6) the date of the general election at which the |
4 | | referendum shall be held. |
5 | | All resolutions shall be passed not less than 79 days |
6 | | before the general election stated in the resolutions. |
7 | | (b) Before passing a resolution under this Section, each |
8 | | township board shall hold a public hearing on those matters |
9 | | after notice of the hearing has been published in a newspaper |
10 | | having a general circulation in the townships affected. The |
11 | | notice shall be published at least 30 days before the date of |
12 | | the hearing. The notice shall contain, at a minimum, the name |
13 | | of the dissolving township and receiving townships and a |
14 | | description of the area each receiving township will receive |
15 | | from the dissolving township. |
16 | | (60 ILCS 1/23-15 new) |
17 | | Sec. 23-15. Referendum and notices. |
18 | | (a) Upon the adoption of resolutions under Section 23-10 by |
19 | | all townships, the township boards shall certify the question |
20 | | to the election authority and the authority shall cause to be |
21 | | submitted to the voters of all townships at the general |
22 | | election specified in the resolutions a referendum to |
23 | | consolidate the townships. The referendum shall be |
24 | | substantially in the following form: |
25 | | Shall (name of dissolving township) be dissolved into |
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1 | | (names of receiving townships)? |
2 | | The votes shall be recorded as "Yes" or "No". The |
3 | | referendum is approved when a majority of the voters, in each |
4 | | of the affected townships, approve the referendum. |
5 | | (b) Before a referendum appears on the ballot under |
6 | | subsection (a), the township boards shall publish a copy of the |
7 | | adopted resolution in a newspaper having a general circulation |
8 | | in each of the townships affected. The notice shall be |
9 | | published at least 30 days before the date of the general |
10 | | election. |
11 | | Each township board shall additionally mail a copy of the |
12 | | adopted resolution, along with a copy of the referendum |
13 | | language and a list of all taxes levied for general township |
14 | | purposes in the affected townships, to every registered voter |
15 | | in each township affected. The notice shall be mailed at least |
16 | | 30 days before the date of the general election in which the |
17 | | referendum will appear. |
18 | | (60 ILCS 1/23-20 new) |
19 | | Sec. 23-20. Transition. |
20 | | (a) Notwithstanding any other provision of law to the |
21 | | contrary, upon the approval of a referendum under Section |
22 | | 23-15: |
23 | | (1) there shall be no further nominations or elections |
24 | | for clerks, assessors, collectors, highway commissioners, |
25 | | supervisors, or trustees of the dissolving township or |
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1 | | highway commissions and the terms of all such officers |
2 | | currently serving shall continue until the third Monday of |
3 | | May of the year in which township officials are elected |
4 | | following the approval of a referendum under Section 23-15; |
5 | | (2) a Transition Township Board is formed for each |
6 | | receiving township. Each Transition Township Board shall |
7 | | be composed of the members of the dissolving township |
8 | | boards plus the members of the receiving township board. |
9 | | The Transition Township Board shall only have authority to |
10 | | do the following under paragraphs (3) and (4) of this |
11 | | Section: provide for the compensation for all receiving |
12 | | township officials that will be elected at the consolidated |
13 | | election next following the approval of a referendum under |
14 | | Section 23-15; and approving additional debt to be taken on |
15 | | by the dissolving township; |
16 | | (3) each Transition Township Board shall hold a public |
17 | | meeting no later than the first Tuesday in April before the |
18 | | receiving townships' boards of trustees are elected at the |
19 | | consolidated election next following the approval of a |
20 | | referendum under Section 23-15. At this public meeting, the |
21 | | Transition Township Board shall provide for the |
22 | | compensation for all township officials that will be |
23 | | elected at the consolidated election. If the Board cannot |
24 | | agree on the compensation for an official, then the |
25 | | compensation for the same office between the receiving and |
26 | | dissolving townships shall be the lower compensation for |
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1 | | the office in the dissolving township or receiving |
2 | | township; |
3 | | (4) the dissolving township shall not incur any |
4 | | additional debt without the approval of the Transition |
5 | | Township Board of each receiving township that would assume |
6 | | such debt after dissolution of the dissolving township; and |
7 | | (5) Section 3-7 of the Election Code shall govern those |
8 | | individuals entitled to caucus, vote for, be nominated for, |
9 | | and run for offices for the receiving townships at the |
10 | | consolidated election of township officials next following |
11 | | the approval of a referendum under Section 23-15. |
12 | | (b) Upon the approval of a referendum under Section 23-15, |
13 | | the receiving townships may enter into an intergovernmental |
14 | | agreement under the Intergovernmental Cooperation Act for any |
15 | | lawful purpose relating to the land or property contained in |
16 | | the dissolving township after the township is dissolved. |
17 | | (60 ILCS 1/23-25 new) |
18 | | Sec. 23-25. Merged township. On the third Monday of May of |
19 | | the year in which township officials are elected following the |
20 | | approval of a referendum under Section 23-15, the following |
21 | | shall occur: |
22 | | (a) The dissolving township ceases. |
23 | | (b) All rights, powers, duties, assets, and property, |
24 | | together with all personnel, contractual obligations, |
25 | | other obligations, responsibilities, and liabilities of |
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1 | | the dissolving township are transferred to the receiving |
2 | | townships as provided in the resolution adopted under |
3 | | Section 23-10. The rights include, but are not limited to, |
4 | | the authority to continue to collect and receive any tax |
5 | | levied prior to the creation of the merged townships |
6 | | without an additional ordinance, resolution, or |
7 | | referendum. |
8 | | (c) Road districts located within the dissolving |
9 | | township are abolished and all the rights, powers, duties, |
10 | | assets, property, liabilities, obligations, and |
11 | | responsibilities of the dissolving road districts shall |
12 | | vest in and be assumed by the receiving townships' road |
13 | | districts as provided for in the resolutions adopted under |
14 | | Section 23-10; the boards of trustees of the receiving |
15 | | townships shall exercise the taxing authority of a road |
16 | | district dissolved under this Section and shall exercise |
17 | | all duties and responsibilities of the highway |
18 | | commissioner as provided in the Illinois Highway Code |
19 | | unless a road district in the receiving township has a |
20 | | highway commissioner who shall assume all duties and |
21 | | responsibilities of the highway commissioner of the |
22 | | dissolving road districts if so resolved by the receiving |
23 | | township board; highway commissioners of the dissolving |
24 | | road districts shall cease to hold office on the date the |
25 | | road district is abolished; and for purposes of |
26 | | distribution of revenue, the receiving townships' road |
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1 | | districts, or the township board if no road districts |
2 | | exist, shall assume the powers, duties, and obligations of |
3 | | the dissolving road district.
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4 | | (60 ILCS 1/25-15)
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5 | | Sec. 25-15. Selection of county governing body; election |
6 | | Election of county commissioners . When township organization
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7 | | ceases in any county as provided in this Article, the county |
8 | | board may by ordinance or resolution restructure into a |
9 | | commission form of government on or before 180 days after a |
10 | | township organization ceases. If the county board votes to |
11 | | assume a commission form of government, an election shall be |
12 | | held in
the county at the next general election in an |
13 | | even-numbered year for 3 county
commissioners who shall hold |
14 | | office for 2, 4, and 6 years, respectively, and
until their |
15 | | successors are elected and qualified. Terms shall be determined |
16 | | by
lot. At each succeeding general election after the first, |
17 | | one commissioner
shall be elected.
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18 | | (Source: P.A. 82-783; 88-62.)
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19 | | (60 ILCS 1/25-25)
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20 | | Sec. 25-25. Disposal of township records and property. When |
21 | | township
organization is discontinued in any county, the |
22 | | records of the several
townships shall be deposited in the |
23 | | county clerk's office. The county
board or board of county |
24 | | commissioners of the county may close up all unfinished |
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1 | | business of the several
townships and sell or and dispose of |
2 | | any of the property belonging to a township
for the benefit of |
3 | | the inhabitants of the township, as fully as might have been
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4 | | done by the townships themselves. The county board or board of |
5 | | county commissioners may pay all the
indebtedness of any |
6 | | township existing at the time of the discontinuance of
township |
7 | | organization and cause the amount of the indebtedness, or so |
8 | | much as
may be necessary, to be levied upon the property of the |
9 | | township.
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10 | | (Source: P.A. 82-783; 88-62.)
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11 | | (60 ILCS 1/Art. 29 heading new) |
12 | | ARTICLE 29. DISCONTINUANCE OF |
13 | | TOWNSHIP WITHIN COTERMINOUS |
14 | | MUNICIPALITY: ALL TOWNSHIPS |
15 | | (60 ILCS 1/29-5 new) |
16 | | Sec. 29-5. Resolutions to discontinue and abolish a |
17 | | township. The township board and the corporate authorities of a |
18 | | coterminous, or substantially coterminous, municipality may by |
19 | | resolutions of the board and corporate authorities, and after |
20 | | referendum of the voters of the township and municipality: (1) |
21 | | discontinue and abolish the township; (2) transfer all the |
22 | | rights, powers, duties, assets, property, liabilities, |
23 | | obligations, and responsibilities of the township to the |
24 | | municipality; and (3) cease and dissolve all township road |
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1 | | districts with the district's jurisdiction and authority |
2 | | transferred to the municipality upon the dissolution of the |
3 | | township. |
4 | | (60 ILCS 1/29-10 new) |
5 | | Sec. 29-10. Notice. |
6 | | (a) Before passing resolutions under Section 29-5, the |
7 | | township board and the corporate authorities of the |
8 | | municipality shall hold public hearings on those matters after |
9 | | notice of the hearing has been published in a newspaper having |
10 | | general circulation in the township and municipality. The |
11 | | notice shall be published at least 30 days before the date of |
12 | | the hearing. |
13 | | (b) Before a referendum is placed on the ballot under |
14 | | Section 29-15, each township board shall publish a copy of the |
15 | | resolution adopted under Section 29-5 in a newspaper of general |
16 | | circulation in the township and municipality affected. The |
17 | | notice shall be published at least 30 days before the date of |
18 | | the general election in which the referendum will appear. |
19 | | Each township board shall additionally mail a copy of the |
20 | | adopted resolution, along with a copy of the referendum |
21 | | language, the date the referendum will appear, and a list of |
22 | | all taxes levied in the affected townships, to every registered |
23 | | voter in each township affected. The notice shall be mailed at |
24 | | least 30 days before the date of the election in which the |
25 | | referendum will appear. |
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1 | | (60 ILCS 1/29-15 new) |
2 | | Sec. 29-15. Referendum for cessation of township. Upon the |
3 | | adoption of resolutions under Section 29-5 by both the township |
4 | | and municipality, the township board and corporate authorities |
5 | | of the municipality shall certify the question to the election |
6 | | authority and the authority shall cause to be submitted to the |
7 | | voters of the township and municipality at the next election a |
8 | | referendum to discontinue the township and to transfer all the |
9 | | rights, powers, duties, assets, property, liabilities, |
10 | | obligations, and responsibilities of the township to the |
11 | | municipality. The referendum shall be substantially in the |
12 | | following form: |
13 | | Shall the township of (name
of township) Township |
14 | | cease? |
15 | | The votes shall be recorded as "Yes" or "No". The |
16 | | referendum is approved when a majority of the voters, in both |
17 | | the township and municipality, approve the referendum. |
18 | | If the referendum is approved there shall be no further |
19 | | nominations or elections for clerks, assessors, collectors, |
20 | | highway commissioners, supervisors, or trustees of the |
21 | | township or highway commission, and the terms of all such |
22 | | officers currently serving shall continue until the third |
23 | | Monday of May of the year of the consolidated election in which |
24 | | township officials are elected next following the approval of a |
25 | | referendum under this Section. |
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1 | | (60 ILCS 1/29-20 new) |
2 | | Sec. 29-20. Cessation of township. On the third Monday in |
3 | | May in the year of the consolidated election in which township |
4 | | officials are elected next following the approval of a |
5 | | referendum under Section 29-15: |
6 | | (1) the township is discontinued and abolished and all |
7 | | the rights, powers, duties, assets, property, liabilities, |
8 | | obligations, and responsibilities of the township shall |
9 | | vest in and be assumed by the municipality, including the |
10 | | authority to levy property taxes for township purposes in |
11 | | the same manner as the dissolved township without an |
12 | | additional ordinance, resolution, or referendum; |
13 | | (2) all township officers shall cease to hold office; |
14 | | (3) the municipality shall exercise all duties and |
15 | | responsibilities of the township officers as provided in |
16 | | the Township Code, the Illinois Public Aid Code, the |
17 | | Property Tax Code, and the Illinois Highway Code, as |
18 | | applicable. The municipality may enter into an |
19 | | intergovernmental agreement with the county or the State to |
20 | | administer the duties and responsibilities of the township |
21 | | officers for services under its jurisdiction; and |
22 | | (4) any road district located within the township is |
23 | | abolished and its jurisdiction, rights, powers, duties, |
24 | | assets, property, liabilities, obligations, and |
25 | | responsibilities shall vest in and be assumed by the |
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1 | | municipality and the highway commissioner of the abolished |
2 | | road district shall cease to hold office. The corporate |
3 | | authorities of the municipality shall: exercise the taxing |
4 | | authority of a road district abolished under this Section; |
5 | | exercise all duties and responsibilities of the highway |
6 | | commissioner as provided in the Illinois Highway Code; and |
7 | | for purposes of distribution of revenue, assume the powers, |
8 | | duties, and obligations of the road district in the |
9 | | discontinued township. The corporate authorities of a |
10 | | municipality may enter into an intergovernmental agreement |
11 | | or a contract with the county, another municipality, or a |
12 | | private contractor to administer the roads which were under |
13 | | the jurisdiction of the abolished road district. |
14 | | (60 ILCS 1/29-25 new) |
15 | | Sec. 29-25. Business, records, and property of |
16 | | discontinued township. The records of a township discontinued |
17 | | under this Article shall be deposited in the municipality's |
18 | | city clerk's office. The municipality may close up all |
19 | | unfinished business of the township and sell and dispose of any |
20 | | of the property belonging to the township for benefit of the |
21 | | inhabitants of the municipality.
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22 | | (60 ILCS 1/65-20)
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23 | | Sec. 65-20. Road district treasurer; new township; |
24 | | multi-township
officers. |
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1 | | (a) Compensation of township officers shall be set by the |
2 | | township board
at least 180 days before the beginning of the |
3 | | terms of officers,
including compensation of the road district |
4 | | treasurer, which shall be not less
than $100 or more than |
5 | | $1,000 per year.
Compensation of a township assessor and |
6 | | collector shall be set at the same
time as the compensation of |
7 | | the township supervisor. Compensation of a
multi-township |
8 | | assessor shall be set at least 150 days before his or her
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9 | | election.
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10 | | (b) The compensation to be paid to each officer in a new |
11 | | township
established under Section 10-25 shall be determined |
12 | | under this Section by
the township board of the township the |
13 | | whole or a part of which
comprises the new township and that |
14 | | has the highest equalized assessed
valuation (as of December |
15 | | 31, 1972) of the old townships that comprise the new
township.
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16 | | (c) At least 150 days before the
election of multi-township |
17 | | officers, the multi-township board may establish
additional |
18 | | pay of those board members for their services in an amount not |
19 | | to
exceed $25 per day for each day of services.
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20 | | (d) For the first term of a township consolidated or merged |
21 | | under Article 22 or 23, compensation for township officers of |
22 | | the consolidated or merged township shall be set by the |
23 | | Transition Township Board no later than the first day in April |
24 | | before the consolidated election at which the township officers |
25 | | are to be elected. |
26 | | (Source: P.A. 90-210, eff. 7-25-97.)
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