Full Text of HB4026 93rd General Assembly
HB4026 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4026
Introduced 1/14/2004, by Patrick Verschoore, Jay C. Hoffman, Brandon W. Phelps, Dan Reitz, William J. Grunloh, et al. SYNOPSIS AS INTRODUCED: |
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60 ILCS 1/85-10 |
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60 ILCS 1/140-5 |
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60 ILCS 1/240-5 |
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605 ILCS 5/6-107.1 |
from Ch. 121, par. 6-107.1 |
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Amends the Township Code and the Illinois Highway Code. Provides that a
township or a road district may borrow money from a bank or financial
institution if the money is to be repaid within 10 years (instead of one
year). Provides that a township road district, with the approval of the town
board of trustees, may borrow money from the town fund, if the money is to be
repaid within 10 years (now, one year). Provides that a
township may construct a township hall under contracts providing for payment
over a period of time of not more than 10 years (instead of 5 years).
Provides that a
referendum is required for a township to lease, for a period of longer than 10
years (instead of 5 years), a township hall, a multi-purpose senior center, or
a combination. Makes a technical change to a cross-reference.
Effective immediately.
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A BILL FOR
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HB4026 |
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LRB093 15637 MKM 41245 b |
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| AN ACT in relation to townships.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Township Code is amended by changing
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| Sections 85-10, 140-5, and 240-5 as follows:
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| (60 ILCS 1/85-10)
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| Sec. 85-10. Township corporate powers.
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| (a) Every township has the corporate capacity to exercise | 9 |
| the
powers granted to it, or necessarily implied, and no
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| others. Every township has the powers specified in this | 11 |
| Section.
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| (b) A township may sue and be sued.
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| (c) A township may acquire (by purchase, gift, or legacy) | 14 |
| and hold property,
both real and personal, for the use of its | 15 |
| inhabitants and may sell and
convey that property. A township | 16 |
| may purchase any real estate or personal
property for public | 17 |
| purposes under contracts providing for payment in
installments | 18 |
| over a period of time of not more than 20 years in the case of
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| real estate and not more than 10 years in the case of personal | 20 |
| property.
A township may finance the purchase of any real | 21 |
| estate or personal property
for public purpose under finance | 22 |
| contracts providing for payment in
installments over a period | 23 |
| of time of not more than 20 years in the case of
real estate and | 24 |
| not more than 10 years in the case of personal property.
A | 25 |
| township may construct a township hall under contracts | 26 |
| providing for payment
over a period of time of not more than 10
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| 5 years. The interest on the unpaid
balance shall not exceed | 28 |
| that permitted in the Bond Authorization Act.
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| (d) A township may make all contracts necessary in the | 30 |
| exercise of the
township's powers.
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| (e) A township may expend or contract for the expenditure | 32 |
| of any federal
funds made available to the township by law for |
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HB4026 |
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LRB093 15637 MKM 41245 b |
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| any purpose for which taxes
imposed upon township property or | 2 |
| property within the township may be expended.
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| (f) A township may acquire (singly or jointly with a | 4 |
| municipality or
municipalities) land or any interest in land | 5 |
| located within its township
limits. The township may acquire | 6 |
| the land or interest by gift, purchase, or
otherwise, but not | 7 |
| by condemnation. A township may (singly or jointly) improve
or | 8 |
| arrange for the improvement of the land for industrial or | 9 |
| commercial
purposes and may donate and convey the land or | 10 |
| interest in land so acquired
and so improved to the Illinois | 11 |
| Finance Authority.
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| (g) (Blank)
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| (h) It is the policy of this State that all powers granted | 14 |
| either expressly
or by necessary implication by this Code, any | 15 |
| other Illinois statute, or the
Illinois Constitution to | 16 |
| townships may be exercised by those
townships notwithstanding | 17 |
| effects on competition. It is the intention of the
General | 18 |
| Assembly that the "State action exemption" to the application | 19 |
| of
federal antitrust statutes be fully available to townships | 20 |
| to the extent
their activities are authorized by law as stated | 21 |
| in this Code.
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| (i) A township may receive funds under the federal Housing | 23 |
| and
Community Development Act of 1974 and may expend or | 24 |
| contract for the
expenditure of those funds and other township | 25 |
| funds for the
activities specified in Section 105 of that Act. | 26 |
| The powers granted under this
subsection (i) are in addition to | 27 |
| powers otherwise possessed by a township and
shall not be | 28 |
| construed as a limitation of those other powers.
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| (j) A township may establish reasonable fees for recreation | 30 |
| and
instructional programs sponsored by the township.
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| (Source: P.A. 93-205, eff. 1-1-04.)
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| (60 ILCS 1/140-5)
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| Sec. 140-5. Petition and referendum for township hall.
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| (a) Whenever it is desired to build, purchase, or lease, for a | 35 |
| longer period
than 10
5 years, a township hall, a multi-purpose |
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HB4026 |
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LRB093 15637 MKM 41245 b |
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| senior center, or a
combined
township hall and multi-purpose | 2 |
| senior center in any township, at least 25
electors of the | 3 |
| township may, before the time of giving notice of the annual
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| township meeting, file with the township clerk a petition in | 5 |
| writing that the
proposition of building, purchasing, or | 6 |
| leasing a township hall, a
multi-purpose senior center, or a | 7 |
| combination township hall and multi-purpose
senior center and | 8 |
| issuing bonds for the building, purchase, or lease be
submitted | 9 |
| to the voters of the township at the next ensuing general | 10 |
| election.
The proposition shall be clearly stated in the | 11 |
| petition substantially as
follows: "Shall (name of township) | 12 |
| borrow $(amount) to ( build, purchase, or
lease) a (township | 13 |
| hall, multi-purpose senior center, or combination
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| multi-purpose township hall and senior center) and issue bonds | 15 |
| for the
(building, purchase, or lease)?" The petition shall be | 16 |
| filed in the office of
the township clerk.
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| (b) The township clerk shall certify the proposition to the | 18 |
| proper election
officials, who shall submit the proposition to | 19 |
| the legal voters of the township
at an election in accordance | 20 |
| with the general election law. The form of the
proposition | 21 |
| shall be substantially as follows:
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| Shall (name of township) borrow $(amount) to ( build, | 23 |
| purchase, or lease) a
(township hall, multi-purpose senior | 24 |
| center, or combination township hall and
multi-purpose | 25 |
| senior center) and issue bonds for the (building, purchase, | 26 |
| or
lease)?
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| The votes shall be recorded as "Yes" or "No".
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| (Source: P.A. 87-1254; 88-62.)
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| (60 ILCS 1/240-5)
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| Sec. 240-5. Borrowing money. The township board may borrow | 31 |
| money (i)
from any
bank or financial institution if the money | 32 |
| is to be repaid within 10 years
from the time it is borrowed or | 33 |
| (ii) , with the approval of the
highway
commissioner, from a | 34 |
| township
road district fund, if the money is
to be repaid | 35 |
| within one year from the time it is borrowed.
"Financial
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| institution" means any bank subject to the Illinois Banking | 2 |
| Act, any savings
and loan association subject to the Illinois | 3 |
| Savings and Loan Act of 1985,
and any federally chartered | 4 |
| commercial bank or savings and loan association
organized and | 5 |
| operated in this State under the laws of the United States.
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| (Source: P.A. 86-1179; 88-62.)
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| Section 10. The Illinois Highway Code is amended by | 8 |
| changing Section 6-107.1
as follows:
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| (605 ILCS 5/6-107.1) (from Ch. 121, par. 6-107.1)
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| Sec. 6-107.1. Road districts may borrow money from any bank | 11 |
| or other
financial institution or, in a township road district | 12 |
| and with the approval
of the town board of trustees, from the | 13 |
| town fund, provided such money
shall be repaid within 10 years
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| one year from the time the money is
borrowed.
"Financial | 15 |
| institution" means any bank subject to the Illinois Banking | 16 |
| Act,
any savings and loan association subject to the Illinois | 17 |
| Savings and Loan
Act of 1985, and any federally chartered | 18 |
| commercial bank or savings and
loan association organized and | 19 |
| operated in this State pursuant to the laws
of the United | 20 |
| States.
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| (Source: P.A. 85-514; 86-1179.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law. |
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