SB0389sam001 99TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 4/12/2016

 

 


 

 


 
09900SB0389sam001LRB099 03117 MJP 47397 a

1
AMENDMENT TO SENATE BILL 389

2    AMENDMENT NO. ______. Amend Senate Bill 389 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Section 10-25 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

 

 

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1effective unless approved by a referendum in each township
2affected. The election authority shall submit to the voters of
3each township affected, at a regular election to be held not
4less than 60 days after the plan is adopted, the question of
5approving the alteration or change. The alterations or changes,
6if approved by the voters, shall take effect on the date of the
7next township election and shall be applicable to that
8election. If there is doubt as to the township clerk with whom
9nomination papers for that election should be filed, the county
10board shall designate the clerk. In the alteration of
11boundaries, a county board may not disturb urban or coterminous
12townships in existence on October 1, 1978.
13(Source: P.A. 84-1308; 88-62.)
 
14    Section 10. The Illinois Drainage Code is amended by adding
15Section 10-12 as follows:
 
16    (70 ILCS 605/10-12 new)
17    Sec. 10-12. Dissolution in specified counties.
18Notwithstanding any provision of law to the contrary, and in
19counties with a population of more than 500,000 and less than
203,000,000:
21    (a) If a drainage district is located wholly within a
22county and the county appoints the commissioners to the board
23of the drainage district, then the county board of that county
24may, by resolution after a public hearing, dissolve the

 

 

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

 

 

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1located. No resolution to dissolve a drainage district shall be
2adopted without the county board (1) causing to be published
3notice of the public hearing including the proposed resolution
4in a newspaper of general circulation in the drainage district
5at least 30 days prior to the hearing and (2) sending a notice
6by mail of the public hearing and the proposed resolution to
7all known landowners and residents of the drainage district at
8least 30 days prior to the hearing. Ninety days after the
9adoption of a resolution under this subsection (b): the
10drainage district is dissolved and all rights, powers, duties,
11assets, and property, together with all personnel, contractual
12obligations, other obligations, responsibilities, and
13liabilities of the drainage district shall vest in and be
14assumed by the county passing the resolution; all commissioners
15of the dissolved drainage district shall cease to hold office;
16the county board of the county passing the resolution shall
17assume all taxing authority of the dissolved drainage district;
18and the county board of the county passing the resolution shall
19assume all functions of the dissolved drainage district's board
20and commissioners.
 
21    Section 15. The Illinois Highway Code is amended by
22changing Section 6-130 and by adding Section 6-130.5 as
23follows:
 
24    (605 ILCS 5/6-130)  (from Ch. 121, par. 6-130)

 

 

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1    Sec. 6-130. Mandatory and permissive road district
2abolishment.
3    (a) Notwithstanding any other provision of this Act to the
4contrary, no township road district may continue in existence
5if the roads forming a part of the district do not exceed a
6total of 4 miles in length as determined by the county engineer
7or county superintendent of highways. For purposes of this
8Section, the roads forming a part of a township road district
9include those roads maintained by the district, regardless of
10whether or not those roads are owned by the township. On the
11first Tuesday in April of 1975, or of any subsequent year next
12succeeding the reduction of a township road system to a total
13mileage of 4 miles or less, each such township road district
14shall, by operation of law, be abolished. The roads comprising
15that district at that time shall thereafter be administered by
16the township board of trustees by contracting with the county,
17a municipality or a private contractor. The township board of
18trustees shall assume all taxing authority of a township road
19district abolished under this Section.
20    (b) Notwithstanding any provision of law to the contrary, a
21township road district may be abolished as provided in Section
226-130.5 of this Act, if the roads forming part of the district
23are less than a total of 15 miles in length.
24(Source: P.A. 94-884, eff. 6-20-06.)
 
25    (605 ILCS 5/6-130.5 new)

 

 

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1    Sec. 6-130.5. Abolishing a road district with less than 15
2miles of roads.
3    (a) Any township may abolish a road district of that
4township if the roads of the district of that township are less
5than 15 miles in length, as determined by the county engineer
6or county superintendent of highways, by resolution of a
7majority of the board of trustees to submit a referendum to
8abolish the road district of that township. The referendum
9shall be submitted to the electors of that township at the next
10general election or consolidated election in accordance with
11the general election law. The ballot shall be in substantially
12the following form:
13---------
14    Shall the Road District of the Township of
15........... be abolished with all the rights,YES
16powers, duties, assets, property, liabilities,
17obligations, and responsibilities being assumed ---------
18by the Township of ........... ?NO
19--------.
20    (b) If a majority of the electors voting on the referendum
21under subsection (a) of this Section are in favor of abolishing
22the township road district, then the road district is abolished
23on the January 1 following the approval of the resolution or
24referendum.
25    On the date of abolishment: all the rights, powers, duties,
26assets, property, liabilities, obligations, and

 

 

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1responsibilities of the road district shall by operation of law
2vest in and be assumed by the township; the township board of
3trustees shall assume all taxing authority of a road district
4abolished under this Section; any highway commissioner of the
5abolished road district shall cease to hold office; the
6township shall exercise all duties and responsibilities of the
7highway commissioner as provided in the Illinois Highway Code;
8and for purposes of distribution of revenue, the township shall
9assume the powers, duties, and obligations of the road
10district. The township board of trustees may enter into a
11contract with the county, a municipality, or a private
12contractor to administer the roads added to its jurisdiction
13under this Section.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".