Illinois General Assembly - Full Text of SB0388
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Full Text of SB0388  99th General Assembly

SB0388sam001 99TH GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 4/12/2016

 

 


 

 


 
09900SB0388sam001LRB099 03126 AWJ 47425 a

1
AMENDMENT TO SENATE BILL 388

2    AMENDMENT NO. ______. Amend Senate Bill 388 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by adding Sections
53-7 and 28-1 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

 

 

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1are elected next following the certification of a successful
2referendum to dissolve a township and merge its territory into
32 adjacent townships under Article 23 of the Township Code, the
4qualified electors entitled to caucus, vote for, be nominated
5for, and run for offices in a receiving township shall also
6include those registered voters residing in the territory of
7the dissolving township described in the resolutions adopted
8under Section 23-10 of the Township Code as the territory to be
9merged with the receiving township. For purposes of this
10subsection (b) only, "dissolving township" and "receiving
11township" have the meaning provided in Section 23-5 of the
12Township Code.
 
13    (10 ILCS 5/28-1)  (from Ch. 46, par. 28-1)
14    Sec. 28-1. The initiation and submission of all public
15questions to be voted upon by the electors of the State or of
16any political subdivision or district or precinct or
17combination of precincts shall be subject to the provisions of
18this Article.
19    Questions of public policy which have any legal effect
20shall be submitted to referendum only as authorized by a
21statute which so provides or by the Constitution. Advisory
22questions of public policy shall be submitted to referendum
23pursuant to Section 28-5 or pursuant to a statute which so
24provides.
25    The method of initiating the submission of a public

 

 

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1question shall be as provided by the statute authorizing such
2public question, or as provided by the Constitution.
3    All public questions shall be initiated, submitted and
4printed on the ballot in the form required by Section 16-7 of
5this Act, except as may otherwise be specified in the statute
6authorizing a public question.
7    Whenever a statute provides for the initiation of a public
8question by a petition of electors, the provisions of such
9statute shall govern with respect to the number of signatures
10required, the qualifications of persons entitled to sign the
11petition, the contents of the petition, the officer with whom
12the petition must be filed, and the form of the question to be
13submitted. If such statute does not specify any of the
14foregoing petition requirements, the corresponding petition
15requirements of Section 28-6 shall govern such petition.
16    Irrespective of the method of initiation, not more than 3
17public questions other than (a) back door referenda, (b)
18referenda to determine whether a disconnection may take place
19where a city coterminous with a township is proposing to annex
20territory from an adjacent township, (c) referenda held under
21the provisions of the Property Tax Extension Limitation Law in
22the Property Tax Code, or (d) referenda held under Section
232-3002 of the Counties Code, or (e) referenda held under
24Article 22, 23 or 29 of the Township Code may be submitted to
25referendum with respect to a political subdivision at the same
26election.

 

 

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

 

 

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1nomination for, election to or retention in public office at
2such election, the public question shall be voted upon by all
3the qualified voters of the entire existing or proposed
4political subdivision at the election.
5    Not more than 3 advisory public questions may be submitted
6to the voters of the entire state at a general election. If
7more than 3 such advisory propositions are initiated, the first
83 timely and validly initiated shall be the questions printed
9on the ballot and submitted at that election; provided however,
10that a question for a proposed amendment to Article IV of the
11Constitution pursuant to Section 3, Article XIV of the
12Constitution, or for a question submitted under the Property
13Tax Cap Referendum Law, shall not be included in the foregoing
14limitation.
15(Source: P.A. 93-308, eff. 7-23-03.)
 
16    Section 10. The Counties Code is amended by changing the
17heading of Division 2-4 and by changing Section 2-4006 as
18follows:
 
19    (55 ILCS 5/Div. 2-4 heading)
20
Division 2-4. Counties not under
21
Township Organization
22
Organized as a Commission
23
Form of Government

 

 

 

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1    (55 ILCS 5/2-4006)
2    Sec. 2-4006. Terms of commissioners.
3    (a) In every county not under township organization that is
4organized as a commission form of government having 3
5commissioners elected at large as described in subsection (b)
6or (c), the commissioners shall be elected as provided in this
7Section.
8    (b) In a county in which one commissioner was elected at
9the general election in 1992 to serve for a term of 4 years and
10in which 2 commissioners will be elected at the general
11election in 1994, the commissioner elected in 1994 and
12receiving the greatest number of votes shall serve for a term
13of 6 years. The other commissioner elected in 1994 shall serve
14for a term of 4 years. At the general election in 1996 and at
15each general election thereafter, one commissioner shall be
16elected to serve for a term of 6 years.
17    (c) In a county in which 2 commissioners were elected at
18the general election in 1992 to serve for terms of 4 years and
19in which one commissioner will be elected at the general
20election in 1994, the commissioner elected in 1994 shall serve
21for a term of 4 years. The commissioner elected in 1996 and
22receiving the greatest number of votes shall serve for a term
23of 6 years. The other commissioner elected in 1996 shall serve
24for a term of 4 years. At the general election in 1998 and at
25each general election thereafter, one commissioner shall be
26elected to serve for a term of 6 years.

 

 

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1    (c-5) In Calhoun County, Edwards County, and Union County,
2the registered voters of the county may, upon referendum
3initiated by (i) the adoption of a resolution of the board of
4county commissioners or (ii) a petition signed by not less than
510% of the registered voters in the county, determine that the
6board of county commissioners shall consist of 5 commissioners
7elected at large. The commissioners must certify the question
8to the proper election authority, which must submit the
9question at an election in accordance with the general election
10law.
11    The question shall be submitted in substantially the
12following form:
13        "Shall the board of county commissioners of (county)
14    consist of 5 commissioners elected at large?"
15    Votes must be recorded as "Yes" or "No". If a majority of
16the electors voting on the question vote in the affirmative,
17then a 5-member board of county commissioners shall be
18established beginning with the next general election. The
19County Clerk, in consultation with the State's Attorney for the
20county, shall develop and present to the board of county
21commissioners, to implement by the adoption of a resolution,
22the transition of terms for the current 3-member board of
23commissioners and the addition of 2 commissioners for 6-year
24terms. Thereafter, commissioners shall be elected at each
25general election to fill expired terms.
26    (d) The provisions of this Section do not apply to

 

 

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1commissioners elected under Section 2-4006.5 of this Code.
2(Source: P.A. 96-175, eff. 8-10-09.)
 
3    Section 15. The Township Code is amended by adding Articles
422, 23, and 29, and by changing Sections 25-25 and 65-20 as
5follows:
 
6    (60 ILCS 1/Art. 22 heading new)
7
ARTICLE 22. CONSOLIDATION OF
8
MULTIPLE TOWNSHIPS

 
9    (60 ILCS 1/22-5 new)
10    Sec. 22-5. Resolution for consolidation; notice.
11    (a) Notwithstanding any other provision of law to the
12contrary, the township boards of any 2 or more adjacent
13townships may, by identical resolutions of each board, propose
14consolidation by referendum: (i) into a new township; or (ii)
15into an existing township. Each resolution shall include, but
16is not limited to, the following:
17        (1) the name of the proposed new consolidated township
18    or the name of the existing township into which all
19    townships will be consolidated;
20        (2) a description of how each road district or road
21    districts of a dissolving township shall comply with
22    subsection (c) of Section 22-20 if a township will be
23    consolidating into an existing township;

 

 

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1        (3) the names of all townships that will be
2    consolidating and a description of the area of
3    consolidation; and
4        (4) the date of the general election at which the
5    referendum shall be held.
6    All resolutions shall be passed not less than 79 days
7before the general election stated in the resolutions. For
8purposes of this Section, 3 or more townships are adjacent when
9each township shares a boundary with at least one of the other
10townships which are to be consolidated.
11    (b) Before passing a resolution under subsection (a), each
12township board shall hold a public hearing on those matters
13after notice of the hearing has been published in a newspaper
14having a general circulation in the townships affected. The
15notice shall be published at least 30 days before the date of
16the hearing. The notice shall contain, at a minimum, the name
17of all townships that will be consolidating and a description
18of the area of consolidation.
 
19    (60 ILCS 1/22-10 new)
20    Sec. 22-10. Referendum.
21    (a) Upon the adoption of resolutions under Section 22-5 by
22each township, the township boards shall certify the question
23to the election authority and the authority shall cause to be
24submitted to the voters of each township at the general
25election specified in the resolutions a referendum to

 

 

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1consolidate the townships. The referendum shall be
2substantially in the form:
3        Shall (names of townships) be consolidated into [a new
4    township called (name of proposed consolidated
5    township)/the township of (name of existing township)]?
6    The votes shall be recorded as "Yes" or "No". The
7referendum is approved when a majority of the voters, in each
8of the affected townships, approve the referendum.
9    (b) Before a referendum appears on the ballot under
10subsection (a), each township board shall publish a copy of the
11adopted resolution in a newspaper having a general circulation
12in each of the townships affected. The notice shall be
13published at least 30 days before the date of the general
14election in which the referendum will appear.
15    Each township board shall additionally mail a copy of the
16adopted resolution, along with a copy of the referendum
17language and a list of all taxes levied for general township
18purposes in the affected townships, to every registered voter
19in each township affected. The notice shall be mailed at least
2030 days before the date of the general election in which the
21referendum will appear.
22    (c) Notwithstanding any provision of law to the contrary,
23no tax rate may be extended for any fund of the consolidated
24district for the first levy year of the consolidated district
25that exceeds any statutory maximum set forth for that fund,
26unless the referendum also conforms to the requirements of the

 

 

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1Property Tax Extension Limitation Law or other statutory
2provision setting forth that limitation.
 
3    (60 ILCS 1/22-15 new)
4    Sec. 22-15. Transition. Notwithstanding any other
5provision of law to the contrary, upon the approval of a
6referendum under Section 22-10:
7    (a) There shall be no further nominations or elections for
8clerks, assessors, collectors, highway commissioners,
9supervisors, or trustees of any of the separate townships or
10highway commissions, and the terms of all such officers
11currently serving shall continue until the third Monday of May
12of the year in which township officials are elected next
13following the approval of a referendum under Section 22-10.
14    (b) A Transition Township Board is formed and is composed
15of the members of the separate townships boards. The Transition
16Township Board shall have only the following powers: (1) to
17propose and approve the compensation of all officials of the
18consolidated township that will be elected at the consolidated
19election next following the passage of the referendum under
20Section 22-10; and (2) to propose and approve additional debt
21to be taken on by any of the separate townships.
22    (c) The Transition Township Board shall hold a public
23hearing no later than the last Tuesday in December before the
24consolidated township board of trustees are elected next
25following the approval of a referendum under Section 22-10. If

 

 

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1the Board cannot agree on the compensation for an official by
2the first Tuesday in April before the consolidated election of
3township officials next following the approval of a referendum
4under Section 22-10, then the compensation for that official
5shall be equal to the lowest compensation for the same office
6between the separate townships in the previous calendar year.
7    (d) The separate townships shall not incur any additional
8debt without the approval of the Transition Township Board. For
9purposes of this Section, "debt" shall have the meaning
10ascribed to that term in Section 23-5.
11    (e) Section 3-7 of the Election Code shall govern those
12individuals entitled to caucus, vote for, be nominated for, and
13run for offices for the consolidated township at the
14consolidated election of township officials next following the
15approval of a referendum under Section 22-10.
 
16    (60 ILCS 1/22-20 new)
17    Sec. 22-20. Consolidated township.
18    (a) On the third Monday of May of the year in which
19township officials are elected following the approval of a
20referendum under Section 22-10 the following shall occur:
21        (1) the separate townships cease and the consolidated
22    township is created;
23        (2) 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 separate townships are transferred to the consolidated
2    township; those rights include, but are not limited to, the
3    authority to continue to collect, receive, and expend the
4    proceeds of any tax levied by any of the separate townships
5    prior to the creation of the consolidated township without
6    an additional ordinance, resolution, or referendum; the
7    proceeds of any tax levied by any of the separate townships
8    prior to the creation of the consolidated township shall be
9    expended or disposed of by the consolidated township in the
10    same manner as such assessments might have been expended or
11    disposed of by the separate townships; however, if the
12    consolidated township board determines that there is a
13    surplus in the fund for general township purposes on
14    December 31 of the calendar year in which the consolidation
15    occurs, then any portion of the surplus that is solely
16    attributable to the consolidation shall be refunded to the
17    owners of record of taxable property within the
18    consolidated district on a pro rata basis; and
19        (3) road districts located within the separate
20    townships are abolished.
21    (b) When a new township is created, a new road district
22encompassing the consolidated township is created. All the
23rights, powers, duties, assets, property, liabilities,
24obligations, and responsibilities of the separate road
25districts shall vest in and be assumed by the new road district
26as provided for in the resolutions adopted under Section 22-5.

 

 

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1The new township board of trustees shall exercise the taxing
2authority of a road district abolished under this Section. The
3highway commissioners of the abolished road districts shall
4cease to hold office on the date the road district is
5abolished. The new township board shall exercise all duties and
6responsibilities of the highway commissioner as provided in the
7Illinois Highway Code. For purposes of distribution of revenue,
8the new township shall assume the powers, duties, and
9obligations of the road district of the dissolving road
10district. The new township board may enter into a contract with
11the county, a municipality, or a private contractor to
12administer the roads under the new road district.
13    (c) When a township consolidates into an existing township,
14all the rights, powers, duties, assets, property, liabilities,
15obligations, and responsibilities of the abolished road
16districts shall vest in and be assumed by the existing
17township's road district as provided for in the resolutions
18adopted under Section 22-5. The consolidated township board of
19trustees shall exercise the taxing authority of a road district
20abolished under this Section. Highway commissioners of the
21abolished road districts shall cease to hold office on the date
22the road district is abolished. The consolidated township shall
23exercise all duties and responsibilities of the highway
24commissioner as provided in the Illinois Highway Code. For
25purposes of distribution of revenue, the existing township's
26road district or districts shall assume the powers, duties, and

 

 

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1obligations of the road district of the dissolving road
2district.
 
3    (60 ILCS 1/Art. 23 heading new)
4
ARTICLE 23. MERGER OF A SINGLE
5
TOWNSHIP INTO TWO OTHER TOWNSHIPS

 
6    (60 ILCS 1/23-5 new)
7    Sec. 23-5. Definitions. As used in this Article:
8    "Dissolving road district" means a road district in a
9dissolving township, which is dissolved under subsection (c) of
10Section 23-25.
11    "Dissolving township" means a township which is proposed to
12be dissolved into and be merged with 2 other adjacent
13townships.
14    "Equalized assessed value" has the meaning provided in
15Section 18-213 of the Property Tax Code.
16    "Debt" means indebtedness incurred by a dissolving
17township including, but not limited to, mortgages, judgments,
18and moneys due through the issuance and sale of bonds, or
19through an equivalent manner of borrowing for which notes or
20other evidences of indebtedness are issued fixing the amount of
21principal and interest from time to time payable to retire the
22indebtedness.
23    "Receiving township" means a township into which a portion
24of the dissolving township will be merged.
 

 

 

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1    (60 ILCS 1/23-10 new)
2    Sec. 23-10. Resolution for merger; notice.
3    (a) Notwithstanding any other provision of law to the
4contrary, the township boards of any 3 adjacent townships may,
5by identical resolutions of each board, propose that a township
6which borders the other 2 townships be dissolved by referendum
7and all rights, powers, duties, assets, and property, together
8with all personnel, contractual obligations, other
9obligations, responsibilities, and liabilities of the
10dissolving township transferred to the receiving townships.
11Each resolution shall include, but is not limited to, the
12following:
13        (1) a legal description of the former territory of the
14    dissolving township each receiving township will take upon
15    the dissolution of the dissolving township;
16        (2) a description of how all assets and property,
17    together with all personnel, contractual obligations,
18    other obligations, responsibilities, and liabilities of
19    the dissolving township will be transferred to the
20    receiving townships;
21        (3) the tax rates for general township purposes for the
22    immediately preceding levy year, as extended and collected
23    in the year in which the resolution is adopted, for the
24    dissolving township and each receiving township;
25        (4) a description and amount of all debt each receiving

 

 

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1    township shall assume after the dissolving township
2    dissolves. The debt shall be assumed by each receiving
3    township in equal proportion to the equalized assessed
4    value of the land and property that will be received by
5    each receiving township from the dissolving township
6    unless otherwise agreed to in the resolutions;
7        (5) a description of how each road district or road
8    districts of a dissolving township shall comply with
9    subsection (c) of Section 23-25; and
10        (6) the date of the general election at which the
11    referendum shall be held.
12    All resolutions shall be passed not less than 79 days
13before the general election stated in the resolutions.
14    (b) Before passing a resolution under this Section, each
15township board shall hold a public hearing on those matters
16after notice of the hearing has been published in a newspaper
17having a general circulation in the townships affected. The
18notice shall be published at least 30 days before the date of
19the hearing. The notice shall contain, at a minimum, the name
20of the dissolving township and receiving townships and a
21description of the area each receiving township will receive
22from the dissolving township.
 
23    (60 ILCS 1/23-15 new)
24    Sec. 23-15. Referendum and notices.
25    (a) Upon the adoption of resolutions under Section 23-10 by

 

 

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1all townships, the township boards shall certify the question
2to the election authority and the authority shall cause to be
3submitted to the voters of all townships at the general
4election specified in the resolutions a referendum to
5consolidate the townships. The referendum shall be
6substantially in the form:
7        Shall (name of dissolving township) be dissolved into
8    (names of receiving townships)?
9    The votes shall be recorded as "Yes" or "No". The
10referendum is approved when a majority of the voters, in each
11of the affected townships, approve the referendum.
12    (b) Before a referendum appears on the ballot under
13subsection (a), the township boards shall publish a copy of the
14adopted resolution in a newspaper having a general circulation
15in each of the townships affected. The notice shall be
16published at least 30 days before the date of the general
17election.
18    Each township board shall additionally mail a copy of the
19adopted resolution, along with a copy of the referendum
20language and a list of all taxes levied for general township
21purposes in the affected townships, to every registered voter
22in each township affected. The notice shall be mailed at least
2330 days before the date of the general election in which the
24referendum will appear.
 
25    (60 ILCS 1/23-20 new)

 

 

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1    Sec. 23-20. Transition.
2    (a) Notwithstanding any other provision of law to the
3contrary, upon the approval of a referendum under Section
423-15:
5        (1) there shall be no further nominations or elections
6    for clerks, assessors, collectors, highway commissioners,
7    supervisors, or trustees of the dissolving township or
8    highway commissions and the terms of all such officers
9    currently serving shall continue until the third Monday of
10    May of the year in which township officials are elected
11    following the approval of a referendum under Section 23-15;
12        (2) a Transition Township Board is formed for each
13    receiving township. Each Transition Township Board shall
14    be composed of the members of the dissolving township
15    boards plus the members of the receiving township board.
16    The Transition Township Board shall only have authority to
17    do the following under paragraphs (3) and (4) of this
18    Section: provide for the compensation for all receiving
19    township officials that will be elected at the consolidated
20    election next following the approval of a referendum under
21    Section 23-15; and approving additional debt to be taken on
22    by the dissolving township;
23        (3) each Transition Township Board shall hold a public
24    meeting no later than the first Tuesday in April before the
25    receiving townships' boards of trustees are elected at the
26    consolidated election next following the approval of a

 

 

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1    referendum under Section 23-15. At this public meeting, the
2    Transition Township Board shall provide for the
3    compensation for all township officials that will be
4    elected at the consolidated election. If the Board cannot
5    agree on the compensation for an official, then the
6    compensation for the same office between the receiving and
7    dissolving townships shall be the lower compensation for
8    the office in the dissolving township or receiving
9    township;
10        (4) the dissolving township shall not incur any
11    additional debt without the approval of the Transition
12    Township Board of each receiving township that would assume
13    such debt after dissolution of the dissolving township; and
14        (5) Section 3-7 of the Election Code shall govern those
15    individuals entitled to caucus, vote for, be nominated for,
16    and run for offices for the receiving townships at the
17    consolidated election of township officials next following
18    the approval of a referendum under Section 23-15.
19    (b) Upon the approval of a referendum under Section 23-15,
20the receiving townships may enter into an intergovernmental
21agreement under the Intergovernmental Cooperation Act for any
22lawful purpose relating to the land or property contained in
23the dissolving township after the township is dissolved.
 
24    (60 ILCS 1/23-25 new)
25    Sec. 23-25. Merged township. On the third Monday of May of

 

 

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1the year in which township officials are elected following the
2approval of a referendum under Section 23-15 the following
3shall occur:
4        (a) The dissolving township ceases.
5        (b) All rights, powers, duties, assets, and property,
6    together with all personnel, contractual obligations,
7    other obligations, responsibilities, and liabilities of
8    the dissolving township are transferred to the receiving
9    townships as provided in the resolution adopted under
10    Section 23-10. The rights include, but are not limited to,
11    the authority to continue to collect and receive any tax
12    levied prior to the creation of the merged townships
13    without an additional ordinance, resolution, or
14    referendum.
15        (c) Road districts located within the dissolving
16    township are abolished and all the rights, powers, duties,
17    assets, property, liabilities, obligations, and
18    responsibilities of the dissolving road districts shall
19    vest in and be assumed by the receiving townships' road
20    districts as provided for in the resolutions adopted under
21    Section 23-10; the boards of trustees of the receiving
22    townships shall exercise the taxing authority of a road
23    district dissolved under this Section and shall exercise
24    all duties and responsibilities of the highway
25    commissioner as provided in the Illinois Highway Code
26    unless a road district in the receiving township has a

 

 

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1    highway commissioner who shall assume all duties and
2    responsibilities of the highway commissioner of the
3    dissolving road districts if so resolved by the receiving
4    township board; highway commissioners of the dissolving
5    road districts shall cease to hold office on the date the
6    road district is abolished; and for purposes of
7    distribution of revenue, the receiving townships' road
8    districts, or the township board if no road districts
9    exist, shall assume the powers, duties, and obligations of
10    the dissolving road district.
 
11    (60 ILCS 1/25-25)
12    Sec. 25-25. Disposal of township records and property. When
13township organization is discontinued in any county, the
14records of the several townships shall be deposited in the
15county clerk's office. The county board or board of county
16commissioners of the county may close up all unfinished
17business of the several townships and sell or and dispose of
18any of the property belonging to a township for the benefit of
19the inhabitants of the township, as fully as might have been
20done by the townships themselves. The county board or board of
21county commissioners may pay all the indebtedness of any
22township existing at the time of the discontinuance of township
23organization and cause the amount of the indebtedness, or so
24much as may be necessary, to be levied upon the property of the
25township.

 

 

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1(Source: P.A. 82-783; 88-62.)
 
2    (60 ILCS 1/Art. 29 heading new)
3
ARTICLE 29. DISCONTINUANCE OF
4
TOWNSHIP WITHIN COTERMINOUS
5
MUNICIPALITY: ALL TOWNSHIPS

 
6    (60 ILCS 1/29-5 new)
7    Sec. 29-5. Resolutions to discontinue and abolish a
8township. The township board and the corporate authorities of a
9coterminous, or substantially coterminous, municipality may by
10resolutions of the board and corporate authorities, and after
11referendum of the voters of the township and municipality: (1)
12discontinue and abolished the township; (2) transfer all the
13rights, powers, duties, assets, property, liabilities,
14obligations, and responsibilities of the township to the
15municipality; and (3) cease and dissolve all township road
16districts with the district's jurisdiction and authority
17transferred to the municipality upon the dissolution of the
18township.
 
19    (60 ILCS 1/29-10 new)
20    Sec. 29-10. Notice.
21    (a) Before passing resolutions under Section 29-5, the
22township board and the corporate authorities of the
23municipality shall hold public hearings on those matters after

 

 

09900SB0388sam001- 24 -LRB099 03126 AWJ 47425 a

1notice of the hearing has been published in a newspaper having
2general circulation in the township and municipality. The
3notice shall be published at least 30 days before the date of
4the hearing.
5    (b) Before a referendum is placed on the ballot under
6Section 29-15, each township board shall publish a copy of the
7resolution adopted under Section 29-5 in a newspaper of general
8circulation in the township and municipality affected. The
9notice shall be published at least 30 days before the date of
10the general election in which the referendum will appear.
11    Each township board shall additionally mail a copy of the
12adopted resolution, along with a copy of the referendum
13language, the date the referendum will appear, and a list of
14all taxes levied in the affected townships, to every registered
15voter in each township affected. The notice shall be mailed at
16least 30 days before the date of the election in which the
17referendum will appear.
 
18    (60 ILCS 1/29-15 new)
19    Sec. 29-15. Referendum for cessation of township. Upon the
20adoption of resolutions under Section 29-5 by both the township
21and municipality, the township board and corporate authorities
22of the municipality shall certify the question to the election
23authority and the authority shall cause to be submitted to the
24voters of the township and municipality at the next election a
25referendum to discontinue the township and to transfer all the

 

 

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1rights, powers, duties, assets, property, liabilities,
2obligations, and responsibilities of the township to the
3municipality. The referendum shall be substantially in the
4form:
5        Shall the township of (name of township) Township
6    cease?
7    The votes shall be recorded as "Yes" or "No". The
8referendum is approved when a majority of the voters, in both
9the township and municipality, approve the referendum.
10    If the referendum is approved there shall be no further
11nominations or elections for clerks, assessors, collectors,
12highway commissioners, supervisors, or trustees of the
13township or highway commission, and the terms of all such
14officers currently serving shall continue until the third
15Monday of May of the year of the consolidated election in which
16township officials are elected next following the approval of a
17referendum under this Section.
 
18    (60 ILCS 1/29-20 new)
19    Sec. 29-20. Cessation of township. On the third Monday in
20May in the year of the consolidated election in which township
21officials are elected next following the approval of a
22referendum under under Section 29-15:
23        (1) the township is discontinued and abolished and all
24    the rights, powers, duties, assets, property, liabilities,
25    obligations, and responsibilities of the township shall

 

 

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1    vest in and be assumed by the municipality, including the
2    authority to levy property taxes for township purposes in
3    the same manner as the dissolved township without an
4    additional ordinance, resolution, or referendum;
5        (2) all townships officers shall cease to hold office;
6        (3) the municipality shall exercise all duties and
7    responsibilities of the township officers as provided in
8    the Township Code, the Illinois Public Aid Code, the
9    Property Tax Code, and the Illinois Highway Code, as
10    applicable. The municipality may enter into an
11    intergovernmental agreement with the county or the State to
12    administer the duties and responsibilities of the township
13    officers for services under its jurisdiction; and
14        (4) any road district located within the township is
15    abolished and its jurisdiction, rights, powers, duties,
16    assets, property, liabilities, obligations, and
17    responsibilities shall vest in and be assumed by the
18    municipality and the highway commissioner of the abolished
19    road district shall cease to hold office. The corporate
20    authorities of the municipality shall: exercise the taxing
21    authority of a road district abolished under this Section;
22    exercise all duties and responsibilities of the highway
23    commissioner as provided in the Illinois Highway Code; and
24    for purposes of distribution of revenue, assume the powers,
25    duties, and obligations of the road district in the
26    discontinued township. The corporate authorities of a

 

 

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1    municipality may enter into an intergovernmental agreement
2    or a contract with the county, another municipality, or a
3    private contractor to administer the roads which were under
4    the jurisdiction of the abolished road district.
 
5    (60 ILCS 1/29-25 new)
6    Sec. 29-25. Business, records, and property of
7discontinued township. The records of a township discontinued
8under this Article shall be deposited in the municipality's
9city clerk's office. The municipality may close up all
10unfinished business of the township and sell and dispose of any
11of the property belonging to the township for benefit of the
12inhabitants of the municipality.
 
13    (60 ILCS 1/65-20)
14    Sec. 65-20. Road district treasurer; new township;
15multi-township officers.
16    (a) Compensation of township officers shall be set by the
17township board at least 180 days before the beginning of the
18terms of officers, including compensation of the road district
19treasurer, which shall be not less than $100 or more than
20$1,000 per year. Compensation of a township assessor and
21collector shall be set at the same time as the compensation of
22the township supervisor. Compensation of a multi-township
23assessor shall be set at least 150 days before his or her
24election.

 

 

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1    (b) The compensation to be paid to each officer in a new
2township established under Section 10-25 shall be determined
3under this Section by the township board of the township the
4whole or a part of which comprises the new township and that
5has the highest equalized assessed valuation (as of December
631, 1972) of the old townships that comprise the new township.
7    (c) At least 150 days before the election of multi-township
8officers, the multi-township board may establish additional
9pay of those board members for their services in an amount not
10to exceed $25 per day for each day of services.
11    (d) For the first term of a township consolidated or merged
12under Article 22 or 23, compensation for township officers of
13the consolidated or merged township shall be set by the
14Township Transition Board no later than the first day in April
15before the consolidated election at which the township officers
16are to be elected.
17(Source: P.A. 90-210, eff. 7-25-97.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".