SB0388eng 99TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by adding Section
53-7 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
9are elected next following the certification of a successful
10referendum to consolidate townships under Article 22 of the
11Township Code, the qualified electors entitled to caucus, vote
12for, be nominated for, and run for offices in the consolidated
13township that is to be formed are those registered voters
14residing in any of the townships identified in the referendum
15as they exist prior to consolidation.
16    (b) In the consolidated election where township trustees
17are elected next following the certification of a successful
18referendum to dissolve a township and merge its territory into
192 adjacent townships under Article 23 of the Township Code, the
20qualified electors entitled to caucus, vote for, be nominated
21for, and run for offices in a receiving township shall also
22include those registered voters residing in the territory of
23the dissolving township described in the resolutions adopted

 

 

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1under Section 23-10 of the Township Code as the territory to be
2merged with the receiving township. For purposes of this
3subsection (b) only, "dissolving township" and "receiving
4township" have the meaning provided in Section 23-5 of the
5Township Code.
 
6    (10 ILCS 5/28-1)  (from Ch. 46, par. 28-1)
7    Sec. 28-1. The initiation and submission of all public
8questions to be voted upon by the electors of the State or of
9any political subdivision or district or precinct or
10combination of precincts shall be subject to the provisions of
11this Article.
12    Questions of public policy which have any legal effect
13shall be submitted to referendum only as authorized by a
14statute which so provides or by the Constitution. Advisory
15questions of public policy shall be submitted to referendum
16pursuant to Section 28-5 or pursuant to a statute which so
17provides.
18    The method of initiating the submission of a public
19question shall be as provided by the statute authorizing such
20public question, or as provided by the Constitution.
21    All public questions shall be initiated, submitted and
22printed on the ballot in the form required by Section 16-7 of
23this Act, except as may otherwise be specified in the statute
24authorizing a public question.
25    Whenever a statute provides for the initiation of a public

 

 

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1question by a petition of electors, the provisions of such
2statute shall govern with respect to the number of signatures
3required, the qualifications of persons entitled to sign the
4petition, the contents of the petition, the officer with whom
5the petition must be filed, and the form of the question to be
6submitted. If such statute does not specify any of the
7foregoing petition requirements, the corresponding petition
8requirements of Section 28-6 shall govern such petition.
9    Irrespective of the method of initiation, not more than 3
10public questions other than (a) back door referenda, (b)
11referenda to determine whether a disconnection may take place
12where a city coterminous with a township is proposing to annex
13territory from an adjacent township, (c) referenda held under
14the provisions of the Property Tax Extension Limitation Law in
15the Property Tax Code, or (d) referenda held under Section
162-3002 of the Counties Code, or (e) referenda held under
17Article 22, 23 or 29 of the Township Code may be submitted to
18referendum with respect to a political subdivision at the same
19election.
20    If more than 3 propositions are timely initiated or
21certified for submission at an election with respect to a
22political subdivision, the first 3 validly initiated, by the
23filing of a petition or by the adoption of a resolution or
24ordinance of a political subdivision, as the case may be, shall
25be printed on the ballot and submitted at that election.
26However, except as expressly authorized by law not more than

 

 

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1one proposition to change the form of government of a
2municipality pursuant to Article VII of the Constitution may be
3submitted at an election. If more than one such proposition is
4timely initiated or certified for submission at an election
5with respect to a municipality, the first validly initiated
6shall be the one printed on the ballot and submitted at that
7election.
8    No public question shall be submitted to the voters of a
9political subdivision at any regularly scheduled election at
10which such voters are not scheduled to cast votes for any
11candidates for nomination for, election to or retention in
12public office, except that if, in any existing or proposed
13political subdivision in which the submission of a public
14question at a regularly scheduled election is desired, the
15voters of only a portion of such existing or proposed political
16subdivision are not scheduled to cast votes for nomination for,
17election to or retention in public office at such election, but
18the voters in one or more other portions of such existing or
19proposed political subdivision are scheduled to cast votes for
20nomination for, election to or retention in public office at
21such election, the public question shall be voted upon by all
22the qualified voters of the entire existing or proposed
23political subdivision at the election.
24    Not more than 3 advisory public questions may be submitted
25to the voters of the entire state at a general election. If
26more than 3 such advisory propositions are initiated, the first

 

 

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13 timely and validly initiated shall be the questions printed
2on the ballot and submitted at that election; provided however,
3that a question for a proposed amendment to Article IV of the
4Constitution pursuant to Section 3, Article XIV of the
5Constitution, or for a question submitted under the Property
6Tax Cap Referendum Law, shall not be included in the foregoing
7limitation.
8(Source: P.A. 93-308, eff. 7-23-03.)
 
9    Section 10. The Counties Code is amended by changing the
10heading of Division 2-4 and by changing Section 2-4006 as
11follows:
 
12    (55 ILCS 5/Div. 2-4 heading)
13
Division 2-4. Counties not under
14
Township Organization
15
Organized as a Commission
16
Form of Government

 
17    (55 ILCS 5/2-4006)
18    Sec. 2-4006. Terms of commissioners.
19    (a) In every county not under township organization that is
20organized as a commission form of government having 3
21commissioners elected at large as described in subsection (b)
22or (c), the commissioners shall be elected as provided in this
23Section.

 

 

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1    (b) In a county in which one commissioner was elected at
2the general election in 1992 to serve for a term of 4 years and
3in which 2 commissioners will be elected at the general
4election in 1994, the commissioner elected in 1994 and
5receiving the greatest number of votes shall serve for a term
6of 6 years. The other commissioner elected in 1994 shall serve
7for a term of 4 years. At the general election in 1996 and at
8each general election thereafter, one commissioner shall be
9elected to serve for a term of 6 years.
10    (c) In a county in which 2 commissioners were elected at
11the general election in 1992 to serve for terms of 4 years and
12in which one commissioner will be elected at the general
13election in 1994, the commissioner elected in 1994 shall serve
14for a term of 4 years. The commissioner elected in 1996 and
15receiving the greatest number of votes shall serve for a term
16of 6 years. The other commissioner elected in 1996 shall serve
17for a term of 4 years. At the general election in 1998 and at
18each general election thereafter, one commissioner shall be
19elected to serve for a term of 6 years.
20    (c-5) In Calhoun County, Edwards County, and Union County,
21the registered voters of the county may, upon referendum
22initiated by (i) the adoption of a resolution of the board of
23county commissioners or (ii) a petition signed by not less than
2410% of the registered voters in the county, determine that the
25board of county commissioners shall consist of 5 commissioners
26elected at large. The commissioners must certify the question

 

 

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1to the proper election authority, which must submit the
2question at an election in accordance with the general election
3law.
4    The question shall be submitted in substantially the
5following 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
9the electors voting on the question vote in the affirmative,
10then a 5-member board of county commissioners shall be
11established beginning with the next general election. The
12County Clerk, in consultation with the State's Attorney for the
13county, shall develop and present to the board of county
14commissioners, to implement by the adoption of a resolution,
15the transition of terms for the current 3-member board of
16commissioners and the addition of 2 commissioners for 6-year
17terms. Thereafter, commissioners shall be elected at each
18general election to fill expired terms.
19    (d) The provisions of this Section do not apply to
20commissioners elected under Section 2-4006.5 of this Code.
21(Source: P.A. 96-175, eff. 8-10-09.)
 
22    Section 15. The Township Code is amended by adding Articles
2322, 23, and 29, and by changing Sections 25-15, 25-25 and 65-20
24as 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
7contrary, the township boards of any 2 or more adjacent
8townships may, by identical resolutions of each board, propose
9consolidation by referendum: (i) into a new township; or (ii)
10into an existing township. Each resolution shall include, but
11is 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
25before the general election stated in the resolutions. For

 

 

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1purposes of this Section, 3 or more townships are adjacent when
2each township shares a boundary with at least one of the other
3townships which are to be consolidated.
4    (b) Before passing a resolution under subsection (a), each
5township board shall hold a public hearing on those matters
6after notice of the hearing has been published in a newspaper
7having a general circulation in the townships affected. The
8notice shall be published at least 30 days before the date of
9the hearing. The notice shall contain, at a minimum, the name
10of all townships that will be consolidating and a description
11of 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
15each township, the township boards shall certify the question
16to the election authority and the authority shall cause to be
17submitted to the voters of each township at the general
18election specified in the resolutions a referendum to
19consolidate the townships. The referendum shall be
20substantially 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
25referendum is approved when a majority of the voters, in each

 

 

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1of the affected townships, approve the referendum.
2    (b) Before a referendum appears on the ballot under
3subsection (a), each township board shall publish a copy of the
4adopted resolution in a newspaper having a general circulation
5in each of the townships affected. The notice shall be
6published at least 30 days before the date of the general
7election in which the referendum will appear.
8    Each township board shall additionally mail a copy of the
9adopted resolution, along with a copy of the referendum
10language and a list of all taxes levied for general township
11purposes in the affected townships, to every registered voter
12in each township affected. The notice shall be mailed at least
1330 days before the date of the general election in which the
14referendum will appear.
15    (c) Notwithstanding any provision of law to the contrary,
16no tax rate may be extended for any fund of the consolidated
17district for the first levy year of the consolidated district
18that exceeds any statutory maximum set forth for that fund,
19unless the referendum also conforms to the requirements of the
20Property Tax Extension Limitation Law or other statutory
21provision setting forth that limitation.
 
22    (60 ILCS 1/22-15 new)
23    Sec. 22-15. Transition. Notwithstanding any other
24provision of law to the contrary, upon the approval of a
25referendum under Section 22-10:

 

 

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1    (a) There shall be no further nominations or elections for
2clerks, assessors, collectors, highway commissioners,
3supervisors, or trustees of any of the separate townships or
4highway commissions, and the terms of all such officers
5currently serving shall continue until the third Monday of May
6of the year in which township officials are elected next
7following the approval of a referendum under Section 22-10.
8    (b) A Transition Township Board is formed and is composed
9of the members of the separate townships boards. The Transition
10Township Board shall have only the following powers: (1) to
11propose and approve the compensation of all officials of the
12consolidated township that will be elected at the consolidated
13election next following the passage of the referendum under
14Section 22-10; and (2) to propose and approve additional debt
15to be taken on by any of the separate townships.
16    (c) The Transition Township Board shall hold a public
17hearing no later than the last Tuesday in December before the
18consolidated township board of trustees are elected next
19following the approval of a referendum under Section 22-10. If
20the Board cannot agree on the compensation for an official by
21the first Tuesday in April before the consolidated election of
22township officials next following the approval of a referendum
23under Section 22-10, then the compensation for that official
24shall be equal to the lowest compensation for the same office
25between the separate townships in the previous calendar year.
26    (d) The separate townships shall not incur any additional

 

 

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1debt without the approval of the Transition Township Board. For
2purposes of this Section, "debt" shall have the meaning
3ascribed to that term in Section 23-5.
4    (e) Section 3-7 of the Election Code shall govern those
5individuals entitled to caucus, vote for, be nominated for, and
6run for offices for the consolidated township at the
7consolidated election of township officials next following the
8approval 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
12township officials are elected following the approval of a
13referendum 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
15encompassing the consolidated township is created. All the
16rights, powers, duties, assets, property, liabilities,
17obligations, and responsibilities of the separate road
18districts shall vest in and be assumed by the new road district
19as provided for in the resolutions adopted under Section 22-5.
20The new township board of trustees shall exercise the taxing
21authority of a road district abolished under this Section. The
22highway commissioners of the abolished road districts shall
23cease to hold office on the date the road district is
24abolished. The new township board shall exercise all duties and
25responsibilities of the highway commissioner as provided in the
26Illinois Highway Code. For purposes of distribution of revenue,

 

 

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1the new township shall assume the powers, duties, and
2obligations of the road district of the dissolving road
3district. The new township board may enter into a contract with
4the county, a municipality, or a private contractor to
5administer the roads under the new road district.
6    (c) When a township consolidates into an existing township,
7all the rights, powers, duties, assets, property, liabilities,
8obligations, and responsibilities of the abolished road
9districts shall vest in and be assumed by the existing
10township's road district as provided for in the resolutions
11adopted under Section 22-5. The consolidated township board of
12trustees shall exercise the taxing authority of a road district
13abolished under this Section. Highway commissioners of the
14abolished road districts shall cease to hold office on the date
15the road district is abolished. The consolidated township shall
16exercise all duties and responsibilities of the highway
17commissioner as provided in the Illinois Highway Code. For
18purposes of distribution of revenue, the existing township's
19road district or districts shall assume the powers, duties, and
20obligations of the road district of the dissolving road
21district.
 
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
4dissolving township, which is dissolved under subsection (c) of
5Section 23-25.
6    "Dissolving township" means a township which is proposed to
7be dissolved into and be merged with 2 other adjacent
8townships.
9    "Equalized assessed value" has the meaning provided in
10Section 18-213 of the Property Tax Code.
11    "Debt" means indebtedness incurred by a dissolving
12township including, but not limited to, mortgages, judgments,
13and moneys due through the issuance and sale of bonds, or
14through an equivalent manner of borrowing for which notes or
15other evidences of indebtedness are issued fixing the amount of
16principal and interest from time to time payable to retire the
17indebtedness.
18    "Receiving township" means a township into which a portion
19of 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
23contrary, the township boards of any 3 adjacent townships may,
24by identical resolutions of each board, propose that a township
25which borders the other 2 townships be dissolved by referendum

 

 

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1and all rights, powers, duties, assets, and property, together
2with all personnel, contractual obligations, other
3obligations, responsibilities, and liabilities of the
4dissolving township transferred to the receiving townships.
5Each resolution shall include, but is not limited to, the
6following:
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
6before the general election stated in the resolutions.
7    (b) Before passing a resolution under this Section, each
8township board shall hold a public hearing on those matters
9after notice of the hearing has been published in a newspaper
10having a general circulation in the townships affected. The
11notice shall be published at least 30 days before the date of
12the hearing. The notice shall contain, at a minimum, the name
13of the dissolving township and receiving townships and a
14description of the area each receiving township will receive
15from 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
19all townships, the township boards shall certify the question
20to the election authority and the authority shall cause to be
21submitted to the voters of all townships at the general
22election specified in the resolutions a referendum to
23consolidate the townships. The referendum shall be
24substantially 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
3referendum is approved when a majority of the voters, in each
4of the affected townships, approve the referendum.
5    (b) Before a referendum appears on the ballot under
6subsection (a), the township boards shall publish a copy of the
7adopted resolution in a newspaper having a general circulation
8in each of the townships affected. The notice shall be
9published at least 30 days before the date of the general
10election.
11    Each township board shall additionally mail a copy of the
12adopted resolution, along with a copy of the referendum
13language and a list of all taxes levied for general township
14purposes in the affected townships, to every registered voter
15in each township affected. The notice shall be mailed at least
1630 days before the date of the general election in which the
17referendum will appear.
 
18    (60 ILCS 1/23-20 new)
19    Sec. 23-20. Transition.
20    (a) Notwithstanding any other provision of law to the
21contrary, upon the approval of a referendum under Section
2223-15:
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,
13the receiving townships may enter into an intergovernmental
14agreement under the Intergovernmental Cooperation Act for any
15lawful purpose relating to the land or property contained in
16the 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
19the year in which township officials are elected following the
20approval of a referendum under Section 23-15, the following
21shall 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.
 
4    (60 ILCS 1/25-15)
5    Sec. 25-15. Selection of county governing body; election
6Election of county commissioners. When township organization
7ceases in any county as provided in this Article, the county
8board may by ordinance or resolution restructure into a
9commission form of government on or before 180 days after a
10township organization ceases. If the county board votes to
11assume a commission form of government, an election shall be
12held in the county at the next general election in an
13even-numbered year for 3 county commissioners who shall hold
14office for 2, 4, and 6 years, respectively, and until their
15successors are elected and qualified. Terms shall be determined
16by lot. At each succeeding general election after the first,
17one commissioner shall be elected.
18(Source: P.A. 82-783; 88-62.)
 
19    (60 ILCS 1/25-25)
20    Sec. 25-25. Disposal of township records and property. When
21township organization is discontinued in any county, the
22records of the several townships shall be deposited in the
23county clerk's office. The county board or board of county
24commissioners of the county may close up all unfinished

 

 

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1business of the several townships and sell or and dispose of
2any of the property belonging to a township for the benefit of
3the inhabitants of the township, as fully as might have been
4done by the townships themselves. The county board or board of
5county commissioners may pay all the indebtedness of any
6township existing at the time of the discontinuance of township
7organization and cause the amount of the indebtedness, or so
8much as may be necessary, to be levied upon the property of the
9township.
10(Source: P.A. 82-783; 88-62.)
 
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
17township. The township board and the corporate authorities of a
18coterminous, or substantially coterminous, municipality may by
19resolutions of the board and corporate authorities, and after
20referendum of the voters of the township and municipality: (1)
21discontinue and abolish the township; (2) transfer all the
22rights, powers, duties, assets, property, liabilities,
23obligations, and responsibilities of the township to the
24municipality; and (3) cease and dissolve all township road

 

 

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1districts with the district's jurisdiction and authority
2transferred to the municipality upon the dissolution of the
3township.
 
4    (60 ILCS 1/29-10 new)
5    Sec. 29-10. Notice.
6    (a) Before passing resolutions under Section 29-5, the
7township board and the corporate authorities of the
8municipality shall hold public hearings on those matters after
9notice of the hearing has been published in a newspaper having
10general circulation in the township and municipality. The
11notice shall be published at least 30 days before the date of
12the hearing.
13    (b) Before a referendum is placed on the ballot under
14Section 29-15, each township board shall publish a copy of the
15resolution adopted under Section 29-5 in a newspaper of general
16circulation in the township and municipality affected. The
17notice shall be published at least 30 days before the date of
18the general election in which the referendum will appear.
19    Each township board shall additionally mail a copy of the
20adopted resolution, along with a copy of the referendum
21language, the date the referendum will appear, and a list of
22all taxes levied in the affected townships, to every registered
23voter in each township affected. The notice shall be mailed at
24least 30 days before the date of the election in which the
25referendum will appear.
 

 

 

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1    (60 ILCS 1/29-15 new)
2    Sec. 29-15. Referendum for cessation of township. Upon the
3adoption of resolutions under Section 29-5 by both the township
4and municipality, the township board and corporate authorities
5of the municipality shall certify the question to the election
6authority and the authority shall cause to be submitted to the
7voters of the township and municipality at the next election a
8referendum to discontinue the township and to transfer all the
9rights, powers, duties, assets, property, liabilities,
10obligations, and responsibilities of the township to the
11municipality. The referendum shall be substantially in the
12following form:
13        Shall the township of (name of township) Township
14    cease?
15    The votes shall be recorded as "Yes" or "No". The
16referendum is approved when a majority of the voters, in both
17the township and municipality, approve the referendum.
18    If the referendum is approved there shall be no further
19nominations or elections for clerks, assessors, collectors,
20highway commissioners, supervisors, or trustees of the
21township or highway commission, and the terms of all such
22officers currently serving shall continue until the third
23Monday of May of the year of the consolidated election in which
24township officials are elected next following the approval of a
25referendum 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
3May in the year of the consolidated election in which township
4officials are elected next following the approval of a
5referendum 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
16discontinued township. The records of a township discontinued
17under this Article shall be deposited in the municipality's
18city clerk's office. The municipality may close up all
19unfinished business of the township and sell and dispose of any
20of the property belonging to the township for benefit of the
21inhabitants of the municipality.
 
22    (60 ILCS 1/65-20)
23    Sec. 65-20. Road district treasurer; new township;
24multi-township officers.

 

 

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1    (a) Compensation of township officers shall be set by the
2township board at least 180 days before the beginning of the
3terms of officers, including compensation of the road district
4treasurer, which shall be not less than $100 or more than
5$1,000 per year. Compensation of a township assessor and
6collector shall be set at the same time as the compensation of
7the township supervisor. Compensation of a multi-township
8assessor shall be set at least 150 days before his or her
9election.
10    (b) The compensation to be paid to each officer in a new
11township established under Section 10-25 shall be determined
12under this Section by the township board of the township the
13whole or a part of which comprises the new township and that
14has the highest equalized assessed valuation (as of December
1531, 1972) of the old townships that comprise the new township.
16    (c) At least 150 days before the election of multi-township
17officers, the multi-township board may establish additional
18pay of those board members for their services in an amount not
19to exceed $25 per day for each day of services.
20    (d) For the first term of a township consolidated or merged
21under Article 22 or 23, compensation for township officers of
22the consolidated or merged township shall be set by the
23Transition Township Board no later than the first day in April
24before the consolidated election at which the township officers
25are to be elected.
26(Source: P.A. 90-210, eff. 7-25-97.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.