Illinois General Assembly - Full Text of SB0389
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Full Text of SB0389  99th General Assembly

SB0389eng 99TH GENERAL ASSEMBLY



 


 
SB0389 EngrossedLRB099 03117 AWJ 23125 b

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 Township Code is amended by changing Section
510-25 as follows:
 
6    (60 ILCS 1/10-25)
7    Sec. 10-25. Plan for changes in townships.
8    (a) The county board of each county may, subject to a
9referendum in the townships affected as provided in this
10Section, adopt a plan for altering the boundaries of townships,
11changing township lines, dividing, enlarging, or consolidating
12townships, or creating new townships, so that each township
13shall possess an equalized assessed valuation of not less than
14$10,000,000 as of the 1982 assessment year or an area of not
15more than 126 square miles.
16    (b) No alteration or change in boundaries shall be
17effective unless approved by a referendum in each township
18affected. The election authority shall submit to the voters of
19each township affected, at a regular election to be held not
20less than 60 days after the plan is adopted, the question of
21approving the alteration or change. The alterations or changes,
22if approved by the voters, shall take effect on the date of the
23next township election and shall be applicable to that

 

 

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1election. If there is doubt as to the township clerk with whom
2nomination papers for that election should be filed, the county
3board shall designate the clerk. In the alteration of
4boundaries, a county board may not disturb urban or coterminous
5townships in existence on October 1, 1978.
6(Source: P.A. 84-1308; 88-62.)
 
7    Section 10. The Illinois Drainage Code is amended by adding
8Section 10-12 as follows:
 
9    (70 ILCS 605/10-12 new)
10    Sec. 10-12. Dissolution in specified counties.
11Notwithstanding any provision of law to the contrary, and in
12counties with a population of more than 500,000 and less than
133,000,000:
14    (a) If a drainage district is located wholly within a
15county and the county appoints the commissioners to the board
16of the drainage district, then the county board of that county
17may, by resolution after a public hearing, dissolve the
18drainage district. No resolution to dissolve a drainage
19district shall be adopted without the county board (1) causing
20to be published notice of the public hearing including the
21proposed resolution in a newspaper of general circulation in
22the drainage district at least 30 days prior to the hearing and
23(2) sending a notice by mail of the public hearing and the
24proposed resolution to all known landowners and residents of

 

 

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1the drainage district at least 30 days prior to the hearing.
2Ninety days after the adoption of a resolution under this
3subsection (a): the drainage district is dissolved and all
4rights, powers, duties, assets, and property, together with all
5personnel, contractual obligations, other obligations,
6responsibilities, and liabilities of the dissolved drainage
7district shall vest in and be assumed by the county; all
8commissioners of a dissolved drainage district shall cease to
9hold office; the county board shall assume all taxing authority
10of the dissolved drainage district; and the county board shall
11assume all functions of the dissolved drainage district's board
12and commissioners.
13    (b) If a drainage district is located in more than one
14county and a county appoints a majority of commissioners to the
15board of the drainage district, then the county board of that
16county may, by resolution after a public hearing, dissolve the
17drainage district if an intergovernmental agreement under the
18Intergovernmental Cooperation Act has been entered into by all
19counties in which any portion of the drainage district is
20located. No resolution to dissolve a drainage district shall be
21adopted without the county board (1) causing to be published
22notice of the public hearing including the proposed resolution
23in a newspaper of general circulation in the drainage district
24at least 30 days prior to the hearing and (2) sending a notice
25by mail of the public hearing and the proposed resolution to
26all known landowners and residents of the drainage district at

 

 

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1least 30 days prior to the hearing. Ninety days after the
2adoption of a resolution under this subsection (b): the
3drainage district is dissolved and all rights, powers, duties,
4assets, and property, together with all personnel, contractual
5obligations, other obligations, responsibilities, and
6liabilities of the drainage district shall vest in and be
7assumed by the county passing the resolution; all commissioners
8of the dissolved drainage district shall cease to hold office;
9the county board of the county passing the resolution shall
10assume all taxing authority of the dissolved drainage district;
11and the county board of the county passing the resolution shall
12assume all functions of the dissolved drainage district's board
13and commissioners.
 
14    Section 15. The Illinois Highway Code is amended by
15changing Section 6-130 and by adding Section 6-130.5 as
16follows:
 
17    (605 ILCS 5/6-130)  (from Ch. 121, par. 6-130)
18    Sec. 6-130. Mandatory and permissive road district
19abolishment.
20    (a) Notwithstanding any other provision of this Act to the
21contrary, no township road district may continue in existence
22if the roads forming a part of the district do not exceed a
23total of 4 miles in length as determined by the county engineer
24or county superintendent of highways. For purposes of this

 

 

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1Section, the roads forming a part of a township road district
2include those roads maintained by the district, regardless of
3whether or not those roads are owned by the township. On the
4first Tuesday in April of 1975, or of any subsequent year next
5succeeding the reduction of a township road system to a total
6mileage of 4 miles or less, each such township road district
7shall, by operation of law, be abolished. The roads comprising
8that district at that time shall thereafter be administered by
9the township board of trustees by contracting with the county,
10a municipality or a private contractor. The township board of
11trustees shall assume all taxing authority of a township road
12district abolished under this Section.
13    (b) Notwithstanding any provision of law to the contrary, a
14township road district may be abolished as provided in Section
156-130.5 of this Act, if the roads forming part of the district
16are less than a total of 15 miles in length.
17(Source: P.A. 94-884, eff. 6-20-06.)
 
18    (605 ILCS 5/6-130.5 new)
19    Sec. 6-130.5. Abolishing a road district with less than 15
20miles of roads.
21    (a) Any township may abolish a road district of that
22township if the roads of the district of that township are less
23than 15 miles in length, as determined by the county engineer
24or county superintendent of highways, by resolution of a
25majority of the board of trustees to submit a referendum to

 

 

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1abolish the road district of that township. The referendum
2shall be submitted to the electors of that township at the next
3general election or consolidated election in accordance with
4the general election law. The ballot shall be in substantially
5the following form:
6--------
7    Shall the Road District of the Township of
8........... be abolished with all the rights,YES
9powers, duties, assets, property, liabilities,
10obligations, and responsibilities being assumed --------
11by the Township of ........... ?NO
12--------
13    (b) If a majority of the electors voting on the referendum
14under subsection (a) of this Section are in favor of abolishing
15the township road district, then the road district is abolished
16on the January 1 following the approval of the resolution or
17referendum.
18    On the date of abolishment: all the rights, powers, duties,
19assets, property, liabilities, obligations, and
20responsibilities of the road district shall by operation of law
21vest in and be assumed by the township; the township board of
22trustees shall assume all taxing authority of a road district
23abolished under this Section; any highway commissioner of the
24abolished road district shall cease to hold office; the
25township shall exercise all duties and responsibilities of the
26highway commissioner as provided in the Illinois Highway Code;

 

 

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1and for purposes of distribution of revenue, the township shall
2assume the powers, duties, and obligations of the road
3district. The township board of trustees may enter into a
4contract with the county, a municipality, or a private
5contractor to administer the roads added to its jurisdiction
6under this Section.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.