State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]

90_HB1193eng

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          Authorizes the Kendall County Forest Preserve District to
      make certain land transfers.   Amends  the  Intergovernmental
      Cooperation  Act.   Provides that for purposes of a Municipal
      Joint Action Water  Agency  the  water  supply  may  only  be
      derived  from  Lake  Michigan,  the Mississippi River, or the
      Missouri River (now Lake Michigan or the Mississippi  River).
      Amends  the  Property  Tax  Code,  the Township Code, and the
      Illinois Municipal Code regarding the compensation of certain
      township and municipal officials.  Amends the  Township  Code
      and  the Public Aid Code to provide that township supervisors
      may serve on the Cook County Townships Public Aid  Committee.
      Amends  the  Township Code.  Provides that items may be added
      to  the  township  meeting  agenda  only  by  a  three-fifths
      majority (now only by a majority) vote  of  the  electors  in
      attendance  at  the  meeting.  Provides that the electors may
      authorize the township board of trustees to provide (now  the
      electors  may  provide)  mental health services by disbursing
      existing funds, if  available,  by  contracting  with  mental
      health  agencies (now by disbursing funds by an appropriation
      to mental health agencies).   Deletes  provisions  concerning
      the  employment of engineers, the prevention of weeds, audits
      of township funds, and  township  clerk  fees.   Makes  other
      changes.  Effective immediately.
                                                     LRB9003772MWcd
HB1193 Engrossed                               LRB9003772MWcd
 1        AN ACT concerning local governments, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section  15.  The Intergovernmental  Cooperation  Act  is
 5    amended by changing Section 3.1 as follows:
 6        (5 ILCS 220/3.1) (from Ch. 127, par. 743.1)
 7        Sec. 3.1.  Municipal Joint Action Water Agency.
 8        (a) Any municipality or municipalities of this State, any
 9    county  or  counties  of this State, any township in a county
10    with a population under 700,000 of  this  State,  any  public
11    water district or districts of this State, or any combination
12    thereof  may,  by  intergovernmental  agreement,  establish a
13    Municipal Joint  Action  Water  Agency  to  provide  adequate
14    supplies  of  water  on an economical and efficient basis for
15    member  municipalities,  public  water  districts  and  other
16    incorporated and unincorporated areas within  such  counties.
17    For  purposes  of  this  Act,  the  water  supply may only be
18    derived from Lake Michigan, or the Mississippi River, or  the
19    Missouri  River.  Any such Agency shall itself be a municipal
20    corporation, public body politic and corporate.  A  Municipal
21    Joint  Action  Water  Agency so created shall not itself have
22    taxing power except as hereinafter provided.
23        A  Municipal  Joint  Action   Water   Agency   shall   be
24    established  by  an  intergovernmental  agreement  among  the
25    various   member   municipalities,  public  water  districts,
26    townships,  and  counties,  upon  approval  by  an  ordinance
27    adopted  by  the  corporate  authorities   of   each   member
28    municipality,  public  water  district,  township, or county.
29    This agreement may be amended at any time upon  the  adoption
30    of  concurring ordinances by the corporate authorities of all
31    member municipalities, public water districts, townships, and
HB1193 Engrossed            -2-                LRB9003772MWcd
 1    counties.   The  agreement   may   provide   for   additional
 2    municipalities, public water districts, townships in counties
 3    with  a  population  under  700,000,  or counties to join the
 4    Agency  upon  adoption  of  an  ordinance  by  the  corporate
 5    authorities  of  the  joining  municipality,   public   water
 6    district,  township,  or  county,  and  upon  such  consents,
 7    conditions  and  approvals  of  the  governing  body  of  the
 8    Municipal  Joint  Action  Water Agency and of existing member
 9    municipalities,  public  water  districts,  townships,    and
10    counties   as  shall  be  provided  in  the  agreement.   The
11    agreement shall provide the manner and  terms  on  which  any
12    municipality,  public water district, township, or county may
13    withdraw from membership in the Municipal Joint Action  Water
14    Agency  and on which the Agency may terminate and dissolve in
15    whole  or  in  part.   The  agreement  shall  set  forth  the
16    corporate name of the Municipal Joint Action Water Agency and
17    its duration.  Promptly upon  any  agreement  establishing  a
18    Municipal  Joint  Action  Water Agency being entered into, or
19    upon the amending of any  such  agreement,  a  copy  of  such
20    agreement  or  amendment  shall be filed in the office of the
21    Secretary of State of Illinois.  Promptly upon  the  addition
22    or  withdrawal  of  any  municipality, public water district,
23    township in a county with  a  population  under  700,000,  or
24    county,  or  upon the dissolution of a Municipal Joint Action
25    Water Agency, that fact shall be certified by an  officer  of
26    the Agency to the Secretary of State of Illinois.
27        (b)  The  governing  body  of  any Municipal Joint Action
28    Water Agency established pursuant to this Section  3.1  shall
29    be  a  Board  of  Directors. There shall be one Director from
30    each member municipality, public  water  district,  township,
31    and  county  of  the  Municipal  Joint  Action  Water  Agency
32    appointed  by  ordinance  of the corporate authorities of the
33    municipality, public water  district,  township,  or  county.
34    Each Director shall have one vote. Each Director shall be the
HB1193 Engrossed            -3-                LRB9003772MWcd
 1    Mayor  or  President  of  the  member  municipality,  or  the
 2    chairman  of the board of trustees of the member public water
 3    district, the supervisor  of  the  member  township,  or  the
 4    chairman  of  the  county board or chief executive officer of
 5    the member county or a county board member appointed  by  the
 6    chairman of the county board of the member county, appointing
 7    the  Director; an elected member of the corporate authorities
 8    of that municipality, public  water  district,  township,  or
 9    county;   or   other   elected  official  of  the  appointing
10    municipality, public water  district,  township,  or  county.
11    Any  agreement  establishing  a  Municipal Joint Action Water
12    Agency shall specify the period during which a Director shall
13    hold office and may provide for the appointment of  Alternate
14    Directors from member municipalities, public water districts,
15    townships,  or  counties.  The Board of Directors shall elect
16    one Director to serve as Chairman, and shall  elect  persons,
17    who  need not be Directors, to such other offices as shall be
18    designated in the agreement.
19        The Board of Directors shall determine the general policy
20    of the Municipal Joint Action Water Agency, shall approve the
21    annual budget,  shall  make  all  appropriations  (which  may
22    include  appropriations made at any time in addition to those
23    made in any annual appropriation document), shall approve all
24    contracts for the purchase or sale of water, shall adopt  any
25    resolutions  providing  for the issuance of bonds or notes by
26    the Agency, shall adopt its by-laws, rules  and  regulations,
27    and  shall  have  such  other  powers  and  duties  as may be
28    prescribed in the  agreement.   Such  agreement  may  further
29    specify  those  powers  and  actions  of  the Municipal Joint
30    Action Water Agency which shall be authorized only upon votes
31    of greater than a majority of  all  Directors  or  only  upon
32    consents  of the corporate authorities of a certain number of
33    member municipalities, public water districts, townships,  or
34    counties.
HB1193 Engrossed            -4-                LRB9003772MWcd
 1        The  agreement  may  provide  for the establishment of an
 2    Executive Committee to consist of the  municipal  manager  or
 3    other   elected   or   appointed   official  of  each  member
 4    municipality, public water district, township, or county,  as
 5    designated  by  ordinance  from time to time by the corporate
 6    authorities  of  the  member   municipality,   public   water
 7    district,  township,  or county, and may prescribe powers and
 8    duties  of  the  Executive  Committee   for   the   efficient
 9    administration of the Agency.
10        (c)  A  Municipal  Joint  Action Water Agency established
11    pursuant to this Section 3.1 may  plan,  construct,  improve,
12    extend,  acquire,  finance (including the issuance of revenue
13    bonds or notes as provided in  this  Section  3.1),  operate,
14    maintain, and contract for a joint waterworks or water supply
15    system   which  may  include,  or  may  consist  of,  without
16    limitation,   facilities   for   receiving,   storing,    and
17    transmitting  water  from  any  source for supplying water to
18    member municipalities, public water districts, townships,  or
19    counties  (including  county  special  service  areas created
20    under the Special Service Area Tax  Act  and  county  service
21    areas  authorized  under  the Counties Code), or other public
22    agencies,  persons,  or  corporations.  Facilities   of   the
23    Municipal  Joint Action Water Agency may be located within or
24    without the corporate limits of any member municipality.
25        A Municipal Joint Action Water  Agency  shall  have  such
26    powers as shall be provided in the agreement establishing it,
27    which  may include, but need not be limited to, the following
28    powers:
29             (i)  to sue or be sued;
30             (ii)  to apply for and accept  gifts  or  grants  or
31        loans of funds or property or financial or other aid from
32        any public agency or private entity;
33             (iii)  to  acquire,  hold,  sell, lease as lessor or
34        lessee, transfer or dispose  of  such  real  or  personal
HB1193 Engrossed            -5-                LRB9003772MWcd
 1        property,  or  interests therein, as it deems appropriate
 2        in the exercise of its powers, and to provide for the use
 3        thereof  by  any  member   municipality,   public   water
 4        district, township, or county;
 5             (iv)  to  make  and  execute all contracts and other
 6        instruments necessary or convenient to  the  exercise  of
 7        its    powers    (including    contracts    with   member
 8        municipalities,  with  public   water   districts,   with
 9        townships,  and with counties on behalf of county service
10        areas); and
11             (v)  to employ agents and employees and to  delegate
12        by resolution to one or more of its Directors or officers
13        such powers as it may deem proper.
14        Member municipalities, public water districts, townships,
15    or  counties  may,  for the purposes of, and upon request by,
16    the Municipal Joint Action Water Agency, exercise  the  power
17    of  eminent  domain  available  to  them,  convey property so
18    acquired to the Agency for the cost of  acquisition,  and  be
19    reimbursed  for  all  expenses  related  to  this exercise of
20    eminent domain power on behalf of the Agency.
21        All property, income and receipts of or transactions by a
22    Municipal Joint Action Water Agency shall be exempt from  all
23    taxation,  the  same  as  if  it were the property, income or
24    receipts of or  transaction  by  the  member  municipalities,
25    public water districts, townships, or counties.
26        (d)  A  Municipal  Joint  Action Water Agency established
27    pursuant to this Section 3.1 shall  have  the  power  to  buy
28    water   and   to   enter  into  contracts  with  any  person,
29    corporation  or   public   agency   (including   any   member
30    municipality, public water district, township, or county) for
31    that  purpose.    Any  such  contract made by an Agency for a
32    supply of water may contain provisions whereby the Agency  is
33    obligated  to  pay  for the supply of water without setoff or
34    counterclaim and irrespective of whether the supply of  water
HB1193 Engrossed            -6-                LRB9003772MWcd
 1    is  ever furnished, made available or delivered to the Agency
 2    or whether any project for the supply of  water  contemplated
 3    by  any such contract is completed, operable or operating and
 4    notwithstanding any suspension,  interruption,  interference,
 5    reduction  or  curtailment  of  the supply of water from such
 6    project.  Any such contract may provide that if one  or  more
 7    of  the  other  purchasers  defaults  in  the  payment of its
 8    obligations under such contract or a  similar  contract  made
 9    with  the  supplier of the water one or more of the remaining
10    purchasers party to such contract or  such  similar  contract
11    shall  be  required  to  pay  for  all  or  a  portion of the
12    obligations of the defaulting purchasers.  No  such  contract
13    may have a term in excess of 50 years.
14        A  Municipal  Joint  Action  Water  Agency shall have the
15    power to sell water and to  enter  into  contracts  with  any
16    person,  corporation  or  public agency (including any member
17    municipality, any public water district, any township, or any
18    county on behalf of a county service area  as  set  forth  in
19    this  Section) for that purpose.  No such contract may have a
20    term in excess of 50 years.  Any such contract  entered  into
21    to  sell  water  to  a  public  agency  may  provide that the
22    payments to be made thereunder by such public agency shall be
23    made solely from revenues to be derived by such public agency
24    from the operation of its waterworks system or  its  combined
25    waterworks   and  sewerage  system.   Any  public  agency  so
26    contracting to purchase water shall establish  from  time  to
27    time  such fees and charges for its water service or combined
28    water and sewer service as will produce  revenues  sufficient
29    at  all  times to pay its obligations to the Agency under the
30    purchase contract. Any such contract so providing  shall  not
31    constitute  indebtedness of such public agency so contracting
32    to  buy  water  within  the  meaning  of  any  statutory   or
33    constitutional  limitation.   Any  such  contract of a public
34    agency to buy water shall be a continuing, valid and  binding
HB1193 Engrossed            -7-                LRB9003772MWcd
 1    obligation of such public agency payable from such revenues.
 2        A  Municipal  Joint  Action  Water Agency shall establish
 3    fees and charges for the purchase of water from it or for the
 4    use of its  facilities.   No  prior  appropriation  shall  be
 5    required by either the Municipal Joint Action Water Agency or
 6    any   public   agency   before  entering  into  any  contract
 7    authorized by this paragraph (d).
 8        The changes in this Section made by this  amendatory  Act
 9    of 1984 are intended to be declarative of existing law.
10        (e) 1.  A Municipal Joint Action Water Agency established
11    pursuant  to  this Section 3.1 may, from time to time, borrow
12    money and,  in  evidence  of  its  obligation  to  repay  the
13    borrowing,  issue its negotiable water revenue bonds or notes
14    pursuant to this paragraph  (e)  for  any  of  the  following
15    purposes:   for  paying  costs  of  constructing,  acquiring,
16    improving or extending a joint  waterworks  or  water  supply
17    system;  for paying other expenses incident to or incurred in
18    connection with such construction,  acquisition,  improvement
19    or  extension; for repaying advances made to or by the Agency
20    for such purposes; for paying interest on the bonds or  notes
21    until   the   estimated   date  of  completion  of  any  such
22    construction, acquisition, improvement or extension  and  for
23    such  period after the estimated completion date as the Board
24    of Directors  of  the  Agency  shall  determine;  for  paying
25    financial,  legal,  administrative  and other expenses of the
26    authorization, issuance, sale or delivery of bonds or  notes;
27    for  paying  costs of insuring payment of the bonds or notes;
28    for providing or increasing a debt service reserve fund  with
29    respect to any or all of the Agency's bonds or notes; and for
30    paying,  refunding  or redeeming any of the Agency's bonds or
31    notes before, after or at their  maturity,  including  paying
32    redemption premiums or interest accruing or to accrue on such
33    bonds or notes being paid or redeemed or for paying any other
34    costs in connection with any such payment or redemption.
HB1193 Engrossed            -8-                LRB9003772MWcd
 1        2.  Any  bonds or notes issued pursuant to this paragraph
 2    (e) by  a  Municipal  Joint  Action  Water  Agency  shall  be
 3    authorized  by  a resolution of the Board of Directors of the
 4    Agency adopted by the affirmative vote of  Directors  from  a
 5    majority   of   the   member   municipalities,  public  water
 6    districts,  townships,  and  counties,  and  any   additional
 7    requirements   as   may   be   set  forth  in  the  agreement
 8    establishing the Agency.  The authorizing resolution  may  be
 9    effective  immediately  upon  its  adoption.  The authorizing
10    resolution shall  describe  in  a  general  way  any  project
11    contemplated  to be financed by the bonds or notes, shall set
12    forth the estimated cost of the project and  shall  determine
13    its  period  of usefulness.  The authorizing resolution shall
14    determine the maturity or maturities of the bonds  or  notes,
15    the  rate  or  rates  at which the bonds or notes are to bear
16    interest and all the other terms and details of the bonds  or
17    notes.   All  such  bonds  or  notes  shall mature within the
18    period of estimated usefulness of the project with respect to
19    which such bonds or notes are issued, as  determined  by  the
20    Board  of  Directors, but in any event not more than 50 years
21    from their date of issue.   The  bonds  and  notes  may  bear
22    interest,  payable  at  such  times,  at  a rate or rates not
23    exceeding  the  maximum  rate   established   in   the   Bond
24    Authorization  Act, as from time to time in effect.  Bonds or
25    notes of a Municipal Joint Action Water Agency shall be  sold
26    in  such manner as the Board of Directors of the Agency shall
27    determine, either at par or at a  premium  or  discount,  but
28    such   that   the  effective  interest  cost  (excluding  any
29    redemption premium) to the Agency of the bonds or notes shall
30    not exceed a rate equal to the rate of interest specified  in
31    the Act referred to in the preceding sentence.
32        The  resolution  authorizing the issuance of any bonds or
33    notes pursuant to  this  paragraph  (e)  shall  constitute  a
34    contract  with  the  holders  of  the  bonds  and notes.  The
HB1193 Engrossed            -9-                LRB9003772MWcd
 1    resolution may contain such covenants and  restrictions  with
 2    respect  to  the  purchase or sale of water by the Agency and
 3    the contracts for such purchases or sales, the  operation  of
 4    the  joint  waterworks  system  or  water  supply system, the
 5    issuance of additional bonds or  notes  by  the  Agency,  the
 6    security  for  the bonds and notes, and any other matters, as
 7    may  be  deemed  necessary  or  advisable  by  the  Board  of
 8    Directors to assure the payment of the bonds or notes of  the
 9    Agency.
10        3.  The  resolution  authorizing the issuance of bonds or
11    notes by a Municipal Joint Action Water Agency  shall  pledge
12    and  provide for the application of revenues derived from the
13    operation of the Agency's joint waterworks  or  water  supply
14    system (including from contracts for the sale of water by the
15    Agency) and investment earnings thereon to the payment of the
16    cost  of  operation  and maintenance of the system (including
17    costs  of  purchasing  water),  to  provision   of   adequate
18    depreciation,  reserve  or  replacement funds with respect to
19    the system or the bonds or  notes,  and  to  the  payment  of
20    principal,  premium,  if  any,  and  interest on the bonds or
21    notes of the Agency (including amounts for  the  purchase  of
22    such  bonds  or  notes).   The  resolution shall provide that
23    revenues of  the  Municipal  Joint  Action  Water  Agency  so
24    derived   from   the  operation  of  the  system,  sufficient
25    (together with other receipts of  the  Agency  which  may  be
26    applied to such purposes) to provide for such purposes, shall
27    be  set  aside  as  collected in a separate fund or funds and
28    used for such purposes.   The  resolution  may  provide  that
29    revenues  not  required for such purposes may be used for any
30    proper purpose of the Agency or may  be  returned  to  member
31    municipalities.
32        Any notes of a Municipal Joint Action Water Agency issued
33    in  anticipation  of  the  issuance  of  bonds  by it may, in
34    addition, be secured by a pledge of proceeds of bonds  to  be
HB1193 Engrossed            -10-               LRB9003772MWcd
 1    issued   by  the  Agency,  as  specified  in  the  resolution
 2    authorizing the issuance of such notes.
 3        4. (i)  Except as provided in clauses (ii) and  (iii)  of
 4    this  subparagraph  4  of  this  paragraph (e), all bonds and
 5    notes of the  Municipal  Joint  Action  Water  Agency  issued
 6    pursuant  to  this  paragraph  (e)  shall be revenue bonds or
 7    notes.  Such revenue bonds or notes shall have no  claim  for
 8    payment  other  than from revenues of the Agency derived from
 9    the operation of its joint waterworks or water supply  system
10    (including  from  contracts  for  the  sale  of  water by the
11    Agency) and investment earnings thereon, from  bond  or  note
12    proceeds  and investment earnings thereon, or from such other
13    receipts of the Agency  as  the  agreement  establishing  the
14    Agency  may authorize to be pledged to the payment of revenue
15    bonds or notes, all as and to the extent as provided  in  the
16    resolution of the Board of Directors authorizing the issuance
17    of the revenue bonds or notes.  Revenue bonds or notes issued
18    by  a  Municipal  Joint  Action Water Agency pursuant to this
19    paragraph (e) shall not constitute  an  indebtedness  of  the
20    Agency  or of any member municipality, public water district,
21    township, or county within the meaning of any  constitutional
22    or  statutory limitation.  It shall be plainly stated on each
23    revenue  bond  and  note  that  it  does  not  constitute  an
24    indebtedness of the Municipal Joint Action Water Agency or of
25    any member municipality, public water district, township,  or
26    county  within the meaning of any constitutional or statutory
27    limitation.
28        (ii)  If the Agreement so provides  and  subject  to  the
29    referendum  provided for in clause (iii) of this subparagraph
30    4 of this paragraph (e), the  Municipal  Joint  Action  Water
31    Agency  may borrow money for corporate purposes on the credit
32    of the Municipal Joint Action Water Agency, and issue general
33    obligation bonds therefor, in such amounts and  form  and  on
34    such  conditions  as it shall prescribe, but shall not become
HB1193 Engrossed            -11-               LRB9003772MWcd
 1    indebted in any manner  or  for  any  purpose  in  an  amount
 2    including   existing  indebtedness  in  the  aggregate  which
 3    exceeds 5.75% of the aggregate value of the taxable  property
 4    within  the  boundaries  of the participating municipalities,
 5    public water districts, townships, and county  service  areas
 6    within  a  member  county determined by the governing body of
 7    the county by resolution to be served by the Municipal  Joint
 8    Action  Water  Agency  (including  any territory added to the
 9    Agency after the issuance of such general obligation  bonds),
10    collectively  defined as the "Service Area", as equalized and
11    assessed by the Department of Revenue and  as  most  recently
12    available  at the time of the issue of said bonds.  Before or
13    at  the  time  of  incurring  any  such  general   obligation
14    indebtedness,  the  Municipal Joint Action Water Agency shall
15    provide for the collection of  a  direct  annual  tax,  which
16    shall  be  unlimited  as to rate or amount, sufficient to pay
17    the interest on such debt as it falls due and also to pay and
18    discharge the principal thereof at maturity, which  shall  be
19    within  40  years  after the date of issue thereof.  Such tax
20    shall be levied upon and collected from all  of  the  taxable
21    property  within  the  territorial boundaries of such Service
22    Area at the time of the referendum  provided  for  in  clause
23    (iii) and shall be levied upon and collected from all taxable
24    property  within the boundaries of any territory subsequently
25    added to the Service Area.    Dissolution  of  the  Municipal
26    Joint  Action  Water  Agency for any reason shall not relieve
27    the taxable property within such Service Area from  liability
28    for such tax. Liability for such tax for property transferred
29    to  or released from such Service Area shall be determined in
30    the same manner as  for  general  obligation  bonds  of  such
31    county,   if   in   an   unincorporated  area,  and  of  such
32    municipality, if within the boundaries thereof.  The clerk or
33    other officer of the  Municipal  Joint  Action  Water  Agency
34    shall file a certified copy of the resolution or ordinance by
HB1193 Engrossed            -12-               LRB9003772MWcd
 1    which  such bonds are authorized to be issued and such tax is
 2    levied with the County Clerk  or  Clerks  of  the  county  or
 3    counties  containing  the Service Area, and such filing shall
 4    constitute, without the doing of  any  other  act,  full  and
 5    complete  authority for such County Clerk or Clerks to extend
 6    such tax for collection upon all the taxable property  within
 7    the  Service Area subject to such tax in each and every year,
 8    as required, in amounts sufficient to pay  the  principal  of
 9    and interest on such bonds, as aforesaid, without limit as to
10    rate  or  amount.   Such  tax  shall be in addition to and in
11    excess of all other taxes authorized  to  be  levied  by  the
12    Municipal  Joint  Action  Water  Agency  or  by  such county,
13    municipality,  township,  or  public  water  district.    The
14    issuance of such general obligation bonds shall be subject to
15    the  other  provisions  of this paragraph (e), except for the
16    provisions of clause (i) of this subparagraph 4.
17        (iii)  No  issue  of  general  obligation  bonds  of  the
18    Municipal Joint Action Water Agency (except bonds  to  refund
19    an  existing  bonded indebtedness) shall be authorized unless
20    the  Municipal  Joint  Action  Water  Agency  certifies   the
21    proposition  of  issuing  such  bonds  to the proper election
22    authorities, who shall submit the proposition to  the  voters
23    in  the  Service  Area  at an election in accordance with the
24    general election law, and the proposition has  been  approved
25    by a majority of those voting on the proposition.
26        The  proposition  shall be substantially in the following
27    form:
28    -------------------------------------------------------------
29        Shall general obligation
30    bonds for the purpose of (state
31    purpose), in the sum not to
32    exceed $....(insert amount),                Yes
33    be issued by the .........           ------------------------
34    (insert corporate name of the               No
HB1193 Engrossed            -13-               LRB9003772MWcd
 1    Municipal Joint Action Water
 2    Agency)?
 3    -------------------------------------------------------------
 4        5.  As long as any bonds or notes of  a  Municipal  Joint
 5    Action  Water Agency created pursuant to this Section 3.1 are
 6    outstanding and unpaid, the Agency  shall  not  terminate  or
 7    dissolve  and,  except  as  permitted  by  the  resolution or
 8    resolutions authorizing outstanding bonds or notes, no member
 9    municipality, public water district, township, or county  may
10    withdraw  from the Agency.  While any such bonds or notes are
11    outstanding, all contracts for  the  sale  of  water  by  the
12    Agency  to  member  municipalities,  public  water districts,
13    townships,  or  counties  shall  be  irrevocable  except   as
14    permitted  by  the resolution or resolutions authorizing such
15    bonds or notes.  The Agency shall establish fees and  charges
16    for its operations sufficient to provide adequate revenues to
17    meet  all  of  the requirements under its various resolutions
18    authorizing bonds or notes.
19        6.  A holder of any bond or note issued pursuant to  this
20    paragraph  (e)  may,  in  any civil action, mandamus or other
21    proceeding, enforce and  compel  performance  of  all  duties
22    required  to  be performed by the Agency or such counties, as
23    provided in the authorizing resolution,  or  by  any  of  the
24    public  agencies  contracting  with  the  Agency  to purchase
25    water, including the imposition  of  fees  and  charges,  the
26    collection  of sufficient revenues and the proper application
27    of revenues  as  provided  in  this  paragraph  (e)  and  the
28    levying, extension and collection of such taxes.
29        7.  In  addition, the resolution authorizing any bonds or
30    notes issued pursuant to this paragraph (e) may provide for a
31    pledge,  assignment,  lien  or  security  interest,  for  the
32    benefit of the holders of any or all bonds or  notes  of  the
33    Agency, (i) on any or all revenues derived from the operation
34    of  the  joint  waterworks  or water supply system (including
HB1193 Engrossed            -14-               LRB9003772MWcd
 1    from contracts for the sale of water) and investment earnings
 2    thereon or (ii) on funds or accounts securing the payment  of
 3    the bonds or notes as provided in the authorizing resolution.
 4    In  addition,  such  a  pledge,  assignment, lien or security
 5    interest may be made with respect  to  any  receipts  of  the
 6    Agency which the agreement establishing the Agency authorizes
 7    it  to  apply  to payment of bonds or notes. Any such pledge,
 8    assignment, lien or security  interest  for  the  benefit  of
 9    holders of bonds or notes shall be valid and binding from the
10    time  the  bonds  or  notes  are issued, without any physical
11    delivery or further act, and shall be valid  and  binding  as
12    against  or prior to any claims of any other party having any
13    claims of any kind against the Agency irrespective of whether
14    such other parties have notice of  such  pledge,  assignment,
15    lien or security interest.
16        A   resolution   of   a   Municipal  Joint  Water  Agency
17    authorizing the issuance of bonds or notes pursuant  to  this
18    paragraph  (e) may provide for the appointment of a corporate
19    trustee with respect to any or all of  such  bonds  or  notes
20    (which  trustee may be any trust company or state or national
21    bank having the power of a trust  company  within  Illinois).
22    In  that  event,  the  resolution shall prescribe the rights,
23    duties and powers of the trustee  to  be  exercised  for  the
24    benefit  of  the  Agency and the protection of the holders of
25    such bonds or notes.  The  resolution  may  provide  for  the
26    trustee to hold in trust, invest and use amounts in funds and
27    accounts   created   as  provided  in  the  resolution.   The
28    resolution authorizing the bonds or notes may provide for the
29    assignment and direct payment to the trustee of amounts  owed
30    by public agencies to the Municipal Joint Action Water Agency
31    under water sales contracts for application by the trustee to
32    the  purposes  for  which  such  revenues  are  to be used as
33    provided in  this  paragraph  (e)  and  as  provided  in  the
34    authorizing  resolution.   Upon  receipt  of  notice  of such
HB1193 Engrossed            -15-               LRB9003772MWcd
 1    assignment, the  public  agency  shall  thereafter  make  the
 2    assigned payments directly to such trustee.
 3        Nothing  in  this Section authorizes a Joint Action Water
 4    Agency to provide water service directly to residents  within
 5    a municipality or in territory within one mile or less of the
 6    corporate  limits  of  a  municipality that operates a public
 7    water supply unless the municipality has consented in writing
 8    to such service being provided.
 9    (Source: P.A. 87-1126.)
10        Section   20.   The  Property  Tax  Code  is  amended  by
11    changing Section 2-70 as follows:
12        (35 ILCS 200/2-70)
13        Sec. 2-70.   Salary.   Each  multi-township  or  township
14    board  of trustees shall set the salary of its multi-township
15    or township assessor at least 150  days  before  his  or  her
16    election.  Each  township  board  of  trustees  shall set the
17    salary of its township assessor at the same time it sets  the
18    compensation of its township supervisor.
19    (Source: P.A. 82-554; 88-455.)
20        Section  25.  The  Bi-State  Development  Agency  Act  is
21    amended by adding Section 9 as follows:
22        (45 ILCS 105/9 new)
23        Sec.  9.  Conference  by  communications  equipment.  The
24    commissioners  of  the  Bi-State   Development   Agency   may
25    participate  in  a  committee  or board meeting by conference
26    telephone or other communication  equipment  if  all  persons
27    attending the meeting, including the general public, can hear
28    and  communicate  with  the  commissioners  when appropriate.
29    Participation in a committee or board meeting in this  manner
30    by  a commissioner shall constitute presence in person at the
HB1193 Engrossed            -16-               LRB9003772MWcd
 1    meeting.
 2        Section  30.  The Township Code is  amended  by  changing
 3    Sections  30-10,  30-145,  50-15,  50-40, 65-5, 65-20, 70-45,
 4    80-20, 185-5, 185-10, 185-15, 185-20, 185-30, 185-35, 185-50,
 5    and 185-65 and the heading of Article 185 as follows:
 6        (60 ILCS 1/30-10)
 7        Sec. 30-10.  Notice of meeting.  Notice of the  time  and
 8    place of holding township meetings and the agenda approved by
 9    the  township  board at their prior meeting shall be given by
10    the  township  clerk  (or,  in  the  clerk's   absence,   the
11    supervisor,  assessor,  or  collector)  by posting written or
12    printed notices in  3  of  the  most  public  places  in  the
13    township at least 10 days before the meeting and, if there is
14    an  English  language newspaper published in the township, by
15    at  least  one  publication  in  that  newspaper  before  the
16    meeting.  The notice shall set forth the agenda  as  approved
17    by  the township board.  Additional agenda items may be added
18    only by a three-fifths  majority  vote  of  the  electors  in
19    attendance at the meeting.
20    (Source: P.A. 87-738; 88-62.)
21        (60 ILCS 1/30-145)
22        (Text of Section before amendment by P.A. 89-507)
23        Sec.  30-145.  Mental  health services.  If a township is
24    not included in a mental health district organized under  the
25    Community  Mental  Health Act, the electors may authorize the
26    township board of trustees to provide mental health services,
27    including services for the alcoholic, the drug addicted,  and
28    the  mentally  retarded,  for  residents  of  the township by
29    disbursing existing funds if available by contracting with an
30    appropriation to  mental  health  agencies  approved  by  the
31    Department  of  Mental Health and Developmental Disabilities,
HB1193 Engrossed            -17-               LRB9003772MWcd
 1    alcoholism treatment programs licensed by the  Department  of
 2    Public  Health,  and  drug abuse facilities and other alcohol
 3    and  drug  abuse  services  approved  by  the  Department  of
 4    Alcoholism and Substance Abuse. To  be  eligible  to  receive
 5    township  funds,  an  agency,  program,  facility,  or  other
 6    service  provider  must  have been in existence for more than
 7    one year and must serve the township area.
 8    (Source: P.A. 83-969; 88-62.)
 9        (Text of Section after amendment by P.A. 89-507)
10        Sec. 30-145.  Mental health services.  If a  township  is
11    not  included in a mental health district organized under the
12    Community Mental Health Act, the electors may  authorize  the
13    board   of   trustees  to  provide  mental  health  services,
14    including services for the alcoholic, the drug addicted,  and
15    the  mentally  retarded,  for  residents  of  the township by
16    disbursing existing funds if available by contracting with an
17    appropriation to  mental  health  agencies  approved  by  the
18    Department  of  Human Services, alcoholism treatment programs
19    licensed by the Department of Public Health, and  drug  abuse
20    facilities and other alcohol and drug abuse services approved
21    by  the  Department  of  Human  Services.  To  be eligible to
22    receive township funds,  an  agency,  program,  facility,  or
23    other  service  provider must have been in existence for more
24    than one year and must serve the township area.
25    (Source: P.A. 88-62; 89-507, eff. 7-1-97.)
26        (60 ILCS 1/50-15)
27        Sec. 50-15.  Time of entering upon duties.
28        (a)  In all counties, the township collectors elected  at
29    the  township  election  shall  enter  upon  their  duties on
30    January 1 next following their election and qualification.
31        (b)  In all counties, township supervisors  and  township
32    clerks,  in  counties  having  a population less than 500,000
33    shall enter upon their duties on the first Monday of May  the
HB1193 Engrossed            -18-               LRB9003772MWcd
 1    month following their election.
 2        (c)  Beginning  with  elections  in 1981 in all counties,
 3    the township and multi-township assessors  shall  enter  upon
 4    their duties on January 1 next following their election.
 5    (Source: P.A. 82-783; 88-62.)
 6        (60 ILCS 1/50-40)
 7        Sec.  50-40.  Township  trustees;  time  of  election and
 8    terms. Except in townships organized under Article 15, at the
 9    regular township election provided in  the  general  election
10    law there shall be elected 4 members to serve on the township
11    board.   They  shall be known as township trustees  and shall
12    hold their office for a term of 4 years beginning  the  first
13    Monday  of  May  the month following their election and until
14    their successors are elected and qualified.
15    (Source: P.A. 82-783; 88-62.)
16        (60 ILCS 1/65-5)
17        Sec. 65-5. Compensation of  township  officers.  Township
18    officers  are entitled to compensation at the rates specified
19    in this Article for each day necessarily devoted by  them  to
20    the   services  of  the  township  in  the  duties  of  their
21    respective offices.  Compensation  set  by  a  multi-township
22    board  for  the multi-township assessor shall be set at least
23    150 days before the election of that officer.    Compensation
24    set  by  a  township  board  for  the  township  assessor and
25    collector shall be set at the same time the  compensation  of
26    its supervisor is set.
27    (Source: P.A. 86-1028; 88-62.)
28        (60 ILCS 1/65-20)
29        Sec.   65-20.  Road  district  treasurer;  new  township;
30    multi-township officers.
31        (a)  Compensation of township officers shall  be  set  by
HB1193 Engrossed            -19-               LRB9003772MWcd
 1    the  township board at least 180 days before the beginning of
 2    the terms of officers On or before the last Tuesday of  March
 3    immediately  preceding the election of township officers, the
 4    township board shall establish the compensation  to  be  paid
 5    each  township  officer  elected  at that election, including
 6    compensation of the  road  district  treasurer,  which  whose
 7    compensation  shall be not less than $100 or more than $1,000
 8    per year. Compensation of a township assessor  and  collector
 9    shall  be  set  at  the  same time as the compensation of the
10    township  supervisor.   Compensation  of   a   multi-township
11    assessor  shall  be  set  at least 150 days before his or her
12    election.
13        (b)  The compensation to be paid to each officer in a new
14    township established under Section 10-25 shall be  determined
15    under  this Section by the township board of the township the
16    whole or a part of which comprises the new township and  that
17    has  the highest equalized assessed valuation (as of December
18    31,  1972)  of  the  old  townships  that  comprise  the  new
19    township.
20        (c)  At least 150 days  before  On  or  before  the  last
21    Tuesday  of  March  immediately  preceding  the  election  of
22    multi-township   officers,   the   multi-township  board  may
23    establish additional pay of those  board  members  for  their
24    services  in an amount not to exceed $25 per day for each day
25    of services.
26    (Source: P.A. 84-277; 88-62.)
27        (60 ILCS 1/70-45)
28        Sec. 70-45.  Supervisors in Cook County. The  supervisors
29    of  townships in Cook County shall perform the same duties as
30    supervisors of townships in  other  counties  under  township
31    organization,  except  that  they shall not be members of the
32    county board or exercise any of the powers  of  county  board
33    members.  They  shall  have  the  same compensation for their
HB1193 Engrossed            -20-               LRB9003772MWcd
 1    services prescribed by law for similar services  rendered  by
 2    other township supervisors.
 3        Township  supervisors  may  serve  as members of the Cook
 4    County Townships Public Aid Committee.  The supervisors shall
 5    not receive additional  compensation  for  duties  associated
 6    with the Cook County Townships Public Aid Committee but shall
 7    be  reimbursed  for  actual and necessary expenses related to
 8    service on the Committee.
 9    (Source: P.A. 82-783; 88-62.)
10        (60 ILCS 1/80-20)
11        Sec. 80-20. Independent audit of accounts.
12        (a)  All accounts audited under this Article  (and  those
13    rejected,  if any) shall be delivered with the certificate of
14    the trustees (or a majority of them) to the  township  clerk,
15    who  shall keep them on file for the inspection of any of the
16    inhabitants of the township. They shall also be  produced  by
17    the  township  clerk  at the next annual meeting and shall be
18    read at the meeting by the clerk.
19        (b)  In  townships  that  appropriate  $200,000  or  more
20    during any fiscal year, exclusive of road funds, the township
21    board shall have the accounts and all records of the township
22    thoroughly audited by a certified public accountant within  6
23    months  after the close of each fiscal year.  The board shall
24    have a copy of the accountant's  report  and  recommendations
25    filed with the township clerk and another copy filed with the
26    county clerk for public inspection.
27        (c)  In  townships  that  appropriate  less than $200,000
28    during any fiscal year, exclusive of road funds, the township
29    board shall have the accounts and all records of the township
30    audited and inspected by an  independent  auditing  committee
31    composed  of  3  township  electors chosen by the board.  The
32    audit shall be completed within 6 months after the  close  of
33    each  fiscal  year. A copy of the auditing committee's report
HB1193 Engrossed            -21-               LRB9003772MWcd
 1    and recommendations shall be filed with  the  township  clerk
 2    and  another  copy  shall  be filed with the county clerk for
 3    public inspection.  The auditing committee shall not  contain
 4    any  member  of the township board or any person related to a
 5    trustee.   Members  of  the  auditing  committee   shall   be
 6    proficient  in  accounting principles and practices and shall
 7    be compensated at a rate determined by the township board but
 8    not to exceed $50 per day.  Audits performed by  an  auditing
 9    committee under this subsection do not fulfill the obligation
10    of  the  township  electors  to  order an audit under Section
11    30-175. In addition to the other audit  requirements  imposed
12    by law, in townships subject to this subsection, the township
13    board shall have the accounts and all records of the township
14    thoroughly  audited by a certified public accountant within 6
15    months after (i) the end  of  each  term  of  office  of  the
16    township  supervisor  and (ii) a vacancy occurs in the office
17    of township supervisor. A copy of the accountant's report and
18    recommendations shall be filed with the  township  clerk  and
19    another  copy shall be filed with the county clerk for public
20    inspection.
21    (Source: P.A. 87-388;  87-847;  88-62;  incorporates  88-360;
22    88-670, eff. 12-2-94.)
23        (60 ILCS 1/Art. 185 heading)
24                ARTICLE 185. FACILITIES AND SERVICES
25     FOR MENTALLY RETARDED AND DEVELOPMENTALLY DISABLED PERSONS
26        (60 ILCS 1/185-5)
27        Sec. 185-5. Facilities and services; tax.
28        (a)  A  township  may  provide facilities or services for
29    the benefit of its residents who are persons  with  a  mental
30    illness  or developmental disability and who are not eligible
31    to participate in any program conducted under Article  14  of
32    the  School  Code,  or  a  township  may  contract  for those
HB1193 Engrossed            -22-               LRB9003772MWcd
 1    facilities  or  services  with  any  privately  or   publicly
 2    operated  entity  that provides facilities or services either
 3    in or outside the township.
 4        (b)  For the purpose described  in  subsection  (a),  the
 5    township  board  may, pursuant to the referendum requirements
 6    in Section 185-10, levy an annual tax of not more  than  0.1%
 7    of  the value of all the taxable property in the township, as
 8    equalized or assessed by the Department of Revenue, upon that
 9    property.  The tax shall be levied and collected in the  same
10    manner  as  other township taxes but shall not be included in
11    any limitation otherwise prescribed as to the rate or  amount
12    of  township  taxes and shall be in addition to and in excess
13    of other township taxes.  When collected, the  tax  shall  be
14    paid into a special fund in the township treasury, designated
15    the  "Fund for Persons with a Mental Illness or Developmental
16    Disability", and shall, together with any interest earned, be
17    used only for the purpose specified in this Article.
18    (Source: P.A.  88-62;  incorporates  88-380;   88-670,   eff.
19    12-2-94.)
20        (60 ILCS 1/185-10)
21        Sec. 185-10.  Referendum.
22        (a)  Before  a tax may be levied under Section 185-5, the
23    township board shall certify  that  question  to  the  proper
24    election  officials,  who  shall submit the proposition at an
25    election under the  general  election  law.  The  proposition
26    shall be in substantially the following form:
27             Shall  (name  of  township) be authorized to levy an
28        annual tax of not more than 0.1% of the value of all  the
29        taxable  property  in  the  township  for  the purpose of
30        providing services and facilities to  residents  who  are
31        persons   with   a   mental   illness   or  developmental
32        disability?
33    The votes shall be recorded as "Yes" or "No".
HB1193 Engrossed            -23-               LRB9003772MWcd
 1        (b)  If  a  majority  of  the  voters   voting   on   the
 2    proposition  vote in favor of it, the tax levy is authorized.
 3    If a majority of the vote is against the proposition, the tax
 4    levy is not authorized.
 5    (Source: P.A. 87-895;  88-62;  incorporates  88-380;  88-670,
 6    eff. 12-2-94.)
 7        (60 ILCS 1/185-15)
 8        Sec.  185-15.  Board  of directors to administer Article.
 9    When a township has authority to levy a tax for  the  purpose
10    of this Article, the township supervisor, with the advice and
11    consent  of  the  township  board, shall appoint a board of 3
12    directors who shall administer this Article.  The board shall
13    be designated the "(name of  township)  Board  for  Care  and
14    Treatment  of  Persons with a Mental Illness or Developmental
15    Disability".  The initial appointees shall be  appointed  for
16    terms  expiring,  respectively,  on  June  30  in  the first,
17    second, and  third   years  following  their  appointment  as
18    designated by the appointing authority.  All succeeding terms
19    shall  be  for  3 years, and successors shall be appointed in
20    the same manner as the initial appointees.   Vacancies  shall
21    be filled in the same manner for the balance of the unexpired
22    term.   Each  director shall serve until his or her successor
23    is appointed.  Directors shall serve without compensation but
24    shall be reimbursed for expenses reasonably incurred  in  the
25    performance of their duties.
26    (Source: P.A.   88-62;   incorporates  88-380;  88-670,  eff.
27    12-2-94.)
28        (60 ILCS 1/185-20)
29        Sec. 185-20. Directors' meetings and powers.
30        (a)  The directors shall meet annually in July and  shall
31    elect  one of their number as president and one as secretary.
32    They shall adopt rules deemed proper and  expedient  for  the
HB1193 Engrossed            -24-               LRB9003772MWcd
 1    administration  of  this Article.  They shall report annually
 2    to the township board, giving a detailed statement  of  their
 3    administration.
 4        (b)  The  board shall have exclusive control of all money
 5    paid into the Fund for  Persons  with  a  Mental  Illness  or
 6    Developmental  Disability  and  shall  draw upon the township
 7    treasurer for all or any part of that fund  required  by  the
 8    board  in  the  performance of its duties and exercise of its
 9    powers under this Article.
10        (c)  The  board  may  establish,  maintain,   and   equip
11    facilities  within the township for the care and treatment of
12    persons with a mental illness  or  developmental  disability,
13    together  with  auxiliary  facilities  connected  with  those
14    facilities   that  the  board  finds  necessary.   For  those
15    purposes, the board may acquire, to be held in its name, real
16    and personal property within the  township  by  gift,  grant,
17    legacy,  purchase,  or lease and may occupy, purchase, lease,
18    or erect an appropriate building or buildings for the use  of
19    the facilities and all related facilities and activities.
20        (d)  The  board may provide for the care and treatment of
21    persons with a developmental disability who are not residents
22    of the township and  may  establish  and  collect  reasonable
23    charges for those services.
24    (Source: P.A.   88-62;   incorporates  88-380;  88-670,  eff.
25    12-2-94.)
26        (60 ILCS 1/185-30)
27        Sec. 185-30.  Maintenance charge.  The board of directors
28    may impose a maintenance charge upon the estate of any person
29    with a mental illness or developmental  disability  receiving
30    the  benefits  of  the  facilities  or  services described in
31    Section 185-5.  If the person's estate is  insufficient,  the
32    parent  or  parents  of the person are liable for payment and
33    the amount due.
HB1193 Engrossed            -25-               LRB9003772MWcd
 1    (Source:  P.A.  88-62;  incorporates  88-380;  88-670,   eff.
 2    12-2-94.)
 3        (60 ILCS 1/185-35)
 4        Sec.  185-35.  Rate  of  maintenance charge.  The rate at
 5    which the board of directors shall calculate the sums  to  be
 6    charged  under  Section  185-30  is  the  average per  capita
 7    operating cost for all persons receiving the benefit  of  the
 8    facilities  or  services  computed  for each fiscal year. The
 9    board may, however, in its discretion,  set  the  rate  at  a
10    lesser  amount  than  the  average  per  capita cost.  Lesser
11    amounts may be accepted by the board when conditions  warrant
12    that  action  or  when money is offered by persons not liable
13    under Section 185-30. Any money received under  this  Section
14    shall  be  paid  into  the  township  Fund for Persons with a
15    Mental Illness or Developmental Disability.
16    (Source: P.A.  88-62;  incorporates  88-380;   88-670,   eff.
17    12-2-94.)
18        (60 ILCS 1/185-50)
19        Sec.  185-50.  Petition for modifying maintenance charge.
20    Any person who has been issued a statement of any sum due for
21    maintenance charges for a person with  a  mental  illness  or
22    developmental  disability may petition the board of directors
23    for a modification of the  statement,  and  the  board  shall
24    provide  for a hearing on the petition.  The board may, after
25    a hearing, grant relief it deems proper.
26    (Source: P.A.  88-62;  incorporates  88-380;   88-670,   eff.
27    12-2-94.)
28        (60 ILCS 1/185-65)
29        (Text of Section before amendment by P.A. 89-507)
30        Sec.    185-65.   Department   of   Mental   Health   and
31    Developmental Disabilities powers.
HB1193 Engrossed            -26-               LRB9003772MWcd
 1        (a)  The Department of Mental  Health  and  Developmental
 2    Disabilities  ("Department") may adopt rules for the guidance
 3    of any board of directors, prescribing  reasonable  standards
 4    concerning  programs,  facilities,  and  services for persons
 5    with a mental illness or developmental disability.
 6        (b)  The  provisions  of  the   Illinois   Administrative
 7    Procedure  Act  are hereby expressly adopted and apply to all
 8    administrative rules and procedures of the  Department  under
 9    this  Article,  except  that  in case of conflict between the
10    Illinois Administrative Procedure Act and  this  Article  the
11    provisions  of  this  Article  shall control, and except that
12    Section 5-35 of the  Illinois  Administrative  Procedure  Act
13    relating  to  procedures for rulemaking does not apply to the
14    adoption of any rule required by federal  law  in  connection
15    with which the Department is precluded by law from exercising
16    any discretion.
17        (c)  The   Department   may   conduct  any  investigation
18    necessary to ascertain compliance with  rules  adopted  under
19    this Article.
20        (d)  If  a  board  of  directors fails to comply with the
21    Department's   rules,   the   Department    shall    withhold
22    distribution  of  any  State  grant  in  aid  until the board
23    complies with the rules.
24    (Source: P.A.  88-62;  incorporates  88-380;   88-670,   eff.
25    12-2-94.)
26        (Text of Section after amendment by P.A. 89-507)
27        Sec. 185-65. Department of Human Services powers.
28        (a)  The  Department of Human Services ("Department") may
29    adopt rules for the  guidance  of  any  board  of  directors,
30    prescribing   reasonable   standards   concerning   programs,
31    facilities, and services for persons with a mental illness or
32    developmental disability.
33        (b)  The   provisions   of  the  Illinois  Administrative
34    Procedure Act are hereby expressly adopted and apply  to  all
HB1193 Engrossed            -27-               LRB9003772MWcd
 1    administrative  rules  and procedures of the Department under
 2    this Article, except that in case  of  conflict  between  the
 3    Illinois  Administrative  Procedure  Act and this Article the
 4    provisions of this Article shall  control,  and  except  that
 5    Section  5-35  of  the  Illinois Administrative Procedure Act
 6    relating to procedures for rulemaking does not apply  to  the
 7    adoption  of  any  rule required by federal law in connection
 8    with which the Department is precluded by law from exercising
 9    any discretion.
10        (c)  The  Department  may   conduct   any   investigation
11    necessary  to  ascertain  compliance with rules adopted under
12    this Article.
13        (d)  If a board of directors fails  to  comply  with  the
14    Department's    rules,    the   Department   shall   withhold
15    distribution of any  State  grant  in  aid  until  the  board
16    complies with the rules.
17    (Source: P.A.   88-62;   incorporates  88-380;  88-670,  eff.
18    12-2-94; 89-507, eff. 7-1-97.)
19        Section 35.  The Illinois Municipal Code  is  amended  by
20    changing Section 3.1-50-10 as follows:
21        (65 ILCS 5/3.1-50-10) (from Ch. 24, par. 3.1-50-10)
22        Sec.    3.1-50-10.  Fixing   salaries.    The   corporate
23    authorities of a municipality may fix  the  salaries  of  all
24    municipal officers  and employees in the annual appropriation
25    or  budget ordinance. They may fix the salary of all officers
26    who hold elective office for a definite term in an  ordinance
27    other   than  the  appropriation  or  budget  ordinance.  The
28    salaries that are fixed in the annual appropriation ordinance
29    shall neither be increased nor diminished during  the  fiscal
30    year  for  which the appropriation is made. The salaries that
31    are fixed by ordinance for those officers who  hold  elective
32    office  for  a  definite  term shall neither be increased nor
HB1193 Engrossed            -28-               LRB9003772MWcd
 1    diminished during that term and shall be fixed at  least  180
 2    days  before the beginning of the terms of the officers whose
 3    compensation is to be fixed 2  months  before  to  a  general
 4    municipal election in which voting is held for those offices.
 5    (Source: P.A. 87-1119.)
 6        Section  40.   The Illinois Public Aid Code is amended by
 7    changing Section 11-8 as follows:
 8        (305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
 9        Sec. 11-8.  Appeals  -  To  Whom  taken.   Applicants  or
10    recipients  of  aid may, at any time within 60 days after the
11    decision of the County Department or local governmental unit,
12    as the case may be, appeal a decision denying or  terminating
13    aid, or granting aid in an amount which is deemed inadequate,
14    or  changing,  cancelling,  revoking  or suspending grants as
15    provided  in  Section  11-16,  or  determining  to   make   a
16    protective  payment  under the provisions of Sections 3-5a or
17    4-9, or a decision  by  an  administrative  review  board  to
18    impose administrative safeguards as provided in Section 8A-8.
19    An  appeal  shall  also  lie when an application is not acted
20    upon within 30 days after the filing of the  application,  or
21    within  a  different  time  period as provided by rule of the
22    Illinois Department, if an adjustment is necessary to conform
23    with Federal requirements.
24        If an appeal is  not  made,  the  action  of  the  County
25    Department or local governmental unit shall be final.
26        Appeals  by  applicants or recipients under Articles III,
27    IV, V or VII shall be taken to the Illinois Department.
28        Appeals by applicants  or  recipients  under  Article  VI
29    shall be taken as follows:
30             (1)  In counties under township organization (except
31        such counties in which the governing authority is a Board
32        of  Commissioners)  appeals  shall  be  to  a  Public Aid
HB1193 Engrossed            -29-               LRB9003772MWcd
 1        Committee consisting of the Chairman of the County Board,
 2        and 4 members who are  township  supervisors  of  general
 3        assistance,  appointed  by  the Chairman, with the advice
 4        and consent of the county board.
 5             (2)  In counties in excess of  3,000,000  population
 6        and  under  township  organization in which the governing
 7        authority is a Board of Commissioners, appeals of persons
 8        from government units outside the corporate limits  of  a
 9        city,  village  or incorporated town of more than 500,000
10        population, and of persons from incorporated towns  which
11        have  superseded  civil townships in respect to aid under
12        Article VI, shall be  to  the  Cook  County  Townships  a
13        Public Aid Committee consisting of 2 township supervisors
14        and  3  persons  knowledgeable  in  the  area  of General
15        Assistance and the regulations of the Illinois Department
16        pertaining thereto and who are not  officers,  agents  or
17        employees   of   any   township,   except  that  township
18        supervisors may serve  as  members  of  the  Cook  County
19        Township   Public   Aid  and  Committee.   The  5  member
20        committee shall be appointed by the township supervisors.
21        The first appointments shall  be  made  with  one  person
22        serving a one year term, 2 persons serving a 2 year term,
23        and  2  persons serving a 3 year term.  Committee members
24        shall thereafter  serve  3  year  terms.  In  any  appeal
25        involving  a  local governmental unit whose supervisor of
26        general assistance is a member  of  the  Committee,  such
27        supervisor shall not act as a member of the Committee for
28        the  purposes  of such appeal. The township whose action,
29        inaction, or decision is being appealed  shall  bear  the
30        expenses  related to the appeal as determined by the Cook
31        County  Townships  Public  Aid  Committee.   A   township
32        supervisor's   compensation  for  general  assistance  or
33        township  related  duties  shall  not  be  considered  an
34        expense related to the appeal except for expenses related
HB1193 Engrossed            -30-               LRB9003772MWcd
 1        to service on the Committee.
 2             (3)  In counties described in paragraph (2)  appeals
 3        of  persons  from a city, village or incorporated town of
 4        more than 500,000 population shall be to  a  Commissioner
 5        of  Appeals,  appointed  as  an  employee  of  the County
 6        Department of Public Aid in accordance with  and  subject
 7        to the provisions of Section 12-21.3.
 8             (4)  In  counties  not  under township organization,
 9        appeals shall be to the  County  Board  of  Commissioners
10        which  shall for this purpose be the Public Aid Committee
11        of the County.
12        In counties designated in paragraph (1) the  Chairman  or
13    President  of the County Board shall appoint, with the advice
14    and consent of  the  county  board,  one  or  more  alternate
15    members   of  the  Public  Aid  Committee.  All  regular  and
16    alternate members shall be Supervisors of General Assistance.
17    In any appeal  involving  a  local  governmental  unit  whose
18    Supervisor   of   General  Assistance  is  a  member  of  the
19    Committee, he  shall  be  replaced  for  that  appeal  by  an
20    alternate  member  designated by the Chairman or President of
21    the County Board, with the advice and consent of  the  county
22    board.  In  these  counties  not more than 3 of the 5 regular
23    appointees shall be  members  of  the  same  political  party
24    unless  the  political  composition of the Supervisors of the
25    General Assistance precludes  such  a  limitation.  In  these
26    counties  at  least  one  member  of the Public Aid Committee
27    shall be a  person  knowledgeable  in  the  area  of  general
28    assistance  and  the  regulations  of the Illinois Department
29    pertaining thereto.  If no member of the Committee  possesses
30    such  knowledge,  the  Illinois Department shall designate an
31    employee of the Illinois Department having such knowledge  to
32    be present at the Committee hearings to advise the Committee.
33        In every county the County Board shall provide facilities
34    for  the conduct of hearings on appeals under Article VI. All
HB1193 Engrossed            -31-               LRB9003772MWcd
 1    expenses incident to such hearings  shall  be  borne  by  the
 2    county except that in counties under township organization in
 3    which the governing authority is a Board of Commissioners (1)
 4    the  salary and other expenses of the Commissioner of Appeals
 5    shall be paid from General  Assistance  funds  available  for
 6    administrative  purposes,  and  (2)  all expenses incident to
 7    such hearings shall be borne by the township and the per diem
 8    and traveling expenses of the township supervisors serving on
 9    the Public Aid Committee shall be fixed  and  paid  by  their
10    respective  townships.   In all other counties the members of
11    the Public Aid Committee shall receive the  compensation  and
12    expenses  provided  by  law for attendance at meetings of the
13    County Board.
14        In appeals under Article VI involving a governmental unit
15    receiving State funds,  the  Public  Aid  Committee  and  the
16    Commissioner  of  Appeals  shall  be  bound  by the rules and
17    regulations of the Illinois Department which are relevant  to
18    the  issues on appeal, and shall file such reports concerning
19    appeals as the Illinois Department requests.
20        An appeal shall be without  cost  to  the  appellant  and
21    shall  be  made,  at the option of the appellant, either upon
22    forms provided and prescribed by the Illinois Department  or,
23    for  appeals to a Public Aid Committee, upon forms prescribed
24    by the County Board; or an appeal may be made  by  calling  a
25    toll-free  number  provided  for that purpose by the Illinois
26    Department  and  providing  the  necessary  information.  The
27    Illinois  Department  may   assist   County   Boards   or   a
28    Commissioner  of  Appeals in the preparation of appeal forms,
29    or upon request of a County Board or Commissioner of  Appeals
30    may   furnish   such  forms.  County  Departments  and  local
31    governmental units shall render all possible aid  to  persons
32    desiring to make an appeal. The provisions of Sections 11-8.1
33    to 11-8.7, inclusive, shall apply to all such appeals.
34    (Source: P.A. 87-630.)
HB1193 Engrossed            -32-               LRB9003772MWcd
 1        (60 ILCS 1/30-55 rep.)
 2        (60 ILCS 1/30-80 rep.)
 3        (60 ILCS 1/30-175 rep.)
 4        (60 ILCS 1/65-15 rep.)
 5        Section  45.   The  Township Code is amended by repealing
 6    Sections 30-55, 30-80, 30-175, and 65-15.
 7        Section 95.  No acceleration or delay.   Where  this  Act
 8    makes changes in a statute that is represented in this Act by
 9    text  that  is not yet or no longer in effect (for example, a
10    Section represented by multiple versions), the  use  of  that
11    text  does  not  accelerate or delay the taking effect of (i)
12    the changes made by this Act or (ii) provisions derived  from
13    any other Public Act.
14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.
HB1193 Engrossed            -33-               LRB9003772MWcd
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 220/3.1            from Ch. 127, par. 743.1
 4    35 ILCS 200/2-70
 5    45 ILCS 105/9 new
 6    60 ILCS 1/30-10
 7    60 ILCS 1/30-145
 8    60 ILCS 1/50-15
 9    60 ILCS 1/50-40
10    60 ILCS 1/65-5
11    60 ILCS 1/65-20
12    60 ILCS 1/70-45
13    60 ILCS 1/80-20
14    65 ILCS 5/3.1-50-10       from Ch. 24, par. 3.1-50-10
15    305 ILCS 5/11-8           from Ch. 23, par. 11-8
16    60 ILCS 1/30-55 rep.
17    60 ILCS 1/30-80 rep.
18    60 ILCS 1/30-175 rep.
19    60 ILCS 1/65-15 rep.

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