100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4067

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Citizens Empowerment Act. Provides that registered voters may petition for a referendum at the next general election to dissolve a unit of local government. Sets forth the requirements for the petition, together with the form and requirements for the ballot referendum. Provides for the transfer of property, assets, obligations, and liabilities of the dissolving unit of local government to the receiving unit of local government. Limits when a special district may dissolve into another unit of local government. Defines terms. Amends the Local Government Reduction and Efficiency Division of the Counties Code. Provides that the Division applies to all counties (currently, only applies to DuPage, Lake, and McHenry Counties). Excludes specified boards from the definition of "unit of local government". Provides how the status and rights of employees are affected by the dissolution of a unit of local government. Provides for the assumption of obligations of the dissolving unit of local government by the entity absorbing the dissolving unit. Amends the Township Code. Removes a restriction limiting townships to 126 square miles. Provides for the consolidation, merger, and dissolution of specified townships within a coterminous, or substantially coterminous, municipality. Makes other changes. Amends the Election Code. Specifies procedures for township consolidation, merger, and discontinuance referenda and provides exceptions for the Citizens Empowerment Act. Amends the Illinois Highway Code. Provides that specified township road districts may be abolished by public referendum. Effective on January 1, 2018.


LRB100 13141 RJF 27531 b

HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4067LRB100 13141 RJF 27531 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 1. Short title. This Act may be cited as the
5Citizens Empowerment Act.
 
6    Section 5. Scope. The method of dissolution of a unit of
7local government under this Act shall be in addition to any
8other method of dissolving a unit of local government provided
9by law or otherwise.
 
10    Section 10. Definitions. As used in this Act:
11    "Dissolving unit of local government" means the unit of
12local government proposed to be dissolved by referendum under
13this Act.
14    "Receiving unit of local government" means the unit of
15local government receiving the rights, duties, and liabilities
16of the unit of local government proposed be dissolved by
17referendum under this Act.
18    "Special district" means any political subdivision other
19than a county, municipality, or township. "Special district"
20includes school districts.
21    "Unit of local government" has the same meaning as found in
22Section 1 of Article VII of the Illinois Constitution and also

 

 

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1include school districts.
 
2    Section 15. Petition requirements; notice.
3    (a) Subject to the petition requirements of Section 28-3 of
4the Election Code and the dissolution limitations of Section
535, petitions for a referendum to dissolve any unit of local
6government must be filed both with the governing board of the
7dissolving unit of local governmental and the governing board
8of the receiving unit of local government not less than 122
9days prior to a general election. Petitions must include:
10        (1) the dissolving unit of local government;
11        (2) the receiving unit of local government;
12        (3) the date of dissolution;
13        (4) signatures of a number of registered voters equal
14    to or greater than 5% of the total ballots cast in the
15    preceding general election; and
16        (5) an affidavit of publication, attesting that notice
17    of the petition to dissolve a local unit of government was
18    published in a newspaper of general circulation within the
19    territory of the dissolving unit of local government and
20    the receiving unit of local government at least 122 days
21    and no more than 152 days prior to the general election at
22    which the referendum is to be voted upon.
23    All signatures gathered under paragraph (4) of this
24subsection (a) must be signed within 365 days prior to the
25filing of a petition. A unit of local government may, by

 

 

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1ordinance or resolution, limit the time in which signatures
2must be signed to less than 365 days prior to the filing of the
3petition but no less than 180 days before the filing of a
4petition. If either the dissolving unit of local government or
5receiving unit of local government has such an ordinance or
6resolution, the petition shall not be placed on the ballot if
7any signatures do not meet the requirements of any ordinance or
8resolution.
9    (b) The proposed date of dissolution shall be at least 90
10days after the date of the election at which the referendum is
11to be voted upon.
12    (c) The parties filing a petition under this Section shall
13give notice in substantially the following form:
 
14    NOTICE OF PETITION TO DISSOLVE [dissolving unit of local
15    government].
16    Residents of [dissolving unit of local government] and
17    [receiving unit of local government] are notified that a
18    petition will be filed with [dissolving unit of local
19    government] and [receiving unit of local government]
20    requesting a referendum to dissolve [dissolving unit of
21    local government] on [date of dissolution] with all real
22    and personal property, and any other assets, together with
23    all personnel, contractual obligations, and liabilities
24    being transferred to [receiving unit of local government].
 

 

 

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1    Section 20. Ballot placement. A petition that meets the
2requirements of Section 15 shall be placed on the ballot in the
3form provided for in Section 25 at the general election next
4following. Failure to publish the required notice of petition
5shall render the petition, and the results of any referendum
6held on the petition, null and void.
 
7    Section 25. Referendum; voting.
8    (a) Subject to the requirements of Section 16-7 of the
9Election Code, the referendum described in Section 20 shall be
10in substantially the following form on the ballot:
11-----------
12    Shall the [dissolving
13unit of local government] be
14dissolved on [date of dissolution]                     YES
15with all of its property,
16assets, personnel, obligations, and -------------------------
17liabilities being transferred to
18[receiving unit of local government]?                  NO
19-------------------------------------------------------------
20    (b) The referendum is approved when:
21        (1) three-fifths of the electors of the dissolving unit
22    of local government approve the referendum; and
23        (2) three-fifths of the electors of the receiving unit
24    of local government approve the referendum.
 

 

 

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1    Section 30. Dissolution; transfer of rights and duties.
2When the dissolution of a unit of local government has been
3approved under Section 25:
4        (1) On or before the date of dissolution, all real and
5    personal property, and any other assets, together with all
6    personnel, contractual obligations, and liabilities of the
7    dissolving unit of local government shall be transferred to
8    the receiving unit of local government.
9        (2) On the date of dissolution, the dissolving unit of
10    local government is dissolved.
11        (3) On and after the date of dissolution, all rights
12    and duties of the dissolved unit of local government,
13    including, but not limited to, the authority to tax (if
14    any), may be exercised by the governing board of the
15    receiving unit of local government.
 
16    Section 35. Limitations on dissolution.
17    (a) A special district may only dissolve into another
18special district under this Act if both: (1) the special
19districts are contiguous; and (2) the special districts are
20organized under the same statutory authority.
21    (b) A county, municipality, or township may not be
22dissolved into a special district.
23    (c) Special districts may only be dissolved into a county
24or township if the special district is completely within the
25borders of that county or township.

 

 

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1    (d) Special districts may be dissolved into a municipality
2as long as the special district is at least partially within,
3or contiguous to, the municipality's borders.
4    (e) There may only be one referendum per dissolving unit of
5local government per general election.
6    (f) A county may only be dissolved into another contiguous
7county.
8    (g) A municipality or township may only be dissolved into
9another county, municipality, or township if it is contiguous,
10coterminous, or within the receiving unit of local government.
 
11    Section 905. The Election Code is amended by adding Section
123-7 and by changing Sections 28-1 and 28-7 as follows:
 
13    (10 ILCS 5/3-7 new)
14    Sec. 3-7. Voters in consolidating and merging townships.
15    (a) In the consolidated election where township trustees
16are elected next following the certification of a successful
17referendum to consolidate townships under Article 22 of the
18Township Code, the qualified electors entitled to caucus, vote
19for, be nominated for, and run for offices in the consolidated
20township that is to be formed are those registered voters
21residing in any of the townships identified in the referendum
22as they exist prior to consolidation.
23    (b) In the consolidated election where township trustees
24are elected next following the certification of a successful

 

 

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1referendum to dissolve a township and merge its territory into
22 adjacent townships under Article 23 of the Township Code, the
3qualified electors entitled to caucus, vote for, be nominated
4for, and run for offices in a receiving township shall also
5include those registered voters residing in the territory of
6the dissolving township described in the resolutions adopted
7under Section 23-10 of the Township Code as the territory to be
8merged with the receiving township. For purposes of this
9subsection (b) only, "dissolving township" and "receiving
10township" have the meaning provided in Section 23-5 of the
11Township Code.
 
12    (10 ILCS 5/28-1)  (from Ch. 46, par. 28-1)
13    Sec. 28-1. The initiation and submission of all public
14questions to be voted upon by the electors of the State or of
15any political subdivision or district or precinct or
16combination of precincts shall be subject to the provisions of
17this Article.
18    Questions of public policy which have any legal effect
19shall be submitted to referendum only as authorized by a
20statute which so provides or by the Constitution. Advisory
21questions of public policy shall be submitted to referendum
22pursuant to Section 28-5 or pursuant to a statute which so
23provides.
24    The method of initiating the submission of a public
25question shall be as provided by the statute authorizing such

 

 

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1public question, or as provided by the Constitution.
2    All public questions shall be initiated, submitted and
3printed on the ballot in the form required by Section 16-7 of
4this Act, except as may otherwise be specified in the statute
5authorizing a public question.
6    Whenever a statute provides for the initiation of a public
7question by a petition of electors, the provisions of such
8statute shall govern with respect to the number of signatures
9required, the qualifications of persons entitled to sign the
10petition, the contents of the petition, the officer with whom
11the petition must be filed, and the form of the question to be
12submitted. If such statute does not specify any of the
13foregoing petition requirements, the corresponding petition
14requirements of Section 28-6 shall govern such petition.
15    Irrespective of the method of initiation, not more than 3
16public questions other than (a) back door referenda, (b)
17referenda to determine whether a disconnection may take place
18where a city coterminous with a township is proposing to annex
19territory from an adjacent township, (c) referenda held under
20the provisions of the Property Tax Extension Limitation Law in
21the Property Tax Code, or (d) referenda held under Section
222-3002 of the Counties Code, or (e) referenda held under
23Article 22, 23, or 29 of the Township Code may be submitted to
24referendum with respect to a political subdivision at the same
25election.
26    If more than 3 propositions are timely initiated or

 

 

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

 

 

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1such election, the public question shall be voted upon by all
2the qualified voters of the entire existing or proposed
3political subdivision at the election.
4    Not more than 3 advisory public questions may be submitted
5to the voters of the entire state at a general election. If
6more than 3 such advisory propositions are initiated, the first
73 timely and validly initiated shall be the questions printed
8on the ballot and submitted at that election; provided however,
9that a question for a proposed amendment to Article IV of the
10Constitution pursuant to Section 3, Article XIV of the
11Constitution, or for a question submitted under the Property
12Tax Cap Referendum Law, shall not be included in the foregoing
13limitation.
14(Source: P.A. 93-308, eff. 7-23-03.)
 
15    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
16    Sec. 28-7. Except as provided in the Citizens Empowerment
17Act, in In any case in which Article VII or paragraph (a) of
18Section 5 of the Transition Schedule of the Constitution
19authorizes any action to be taken by or with respect to any
20unit of local government, as defined in Section 1 of Article
21VII of the Constitution, by or subject to approval by
22referendum, any such public question shall be initiated in
23accordance with this Section.
24    Any such public question may be initiated by the governing
25body of the unit of local government by resolution or by the

 

 

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1filing with the clerk or secretary of the governmental unit of
2a petition signed by a number of qualified electors equal to or
3greater than at least 8% of the total votes cast for candidates
4for Governor in the preceding gubernatorial election,
5requesting the submission of the proposal for such action to
6the voters of the governmental unit at a regular election.
7    If the action to be taken requires a referendum involving 2
8or more units of local government, the proposal shall be
9submitted to the voters of such governmental units by the
10election authorities with jurisdiction over the territory of
11the governmental units. Such multi-unit proposals may be
12initiated by appropriate resolutions by the respective
13governing bodies or by petitions of the voters of the several
14governmental units filed with the respective clerks or
15secretaries.
16    This Section is intended to provide a method of submission
17to referendum in all cases of proposals for actions which are
18authorized by Article VII of the Constitution by or subject to
19approval by referendum and supersedes any conflicting
20statutory provisions except those contained in Division 2-5 of
21the Counties Code or the Citizens Empowerment Act the "County
22Executive Act".
23    Referenda provided for in this Section may not be held more
24than once in any 23-month period on the same proposition,
25provided that in any municipality a referendum to elect not to
26be a home rule unit may be held only once within any 47-month

 

 

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1period.
2(Source: P.A. 97-81, eff. 7-5-11.)
 
3    Section 910. The Counties Code is amended by changing the
4heading of Division 2-4, and by changing Sections 2-4006,
55-44010, 5-44020, and by adding Section 5-44043 as follows:
 
6    (55 ILCS 5/Div. 2-4 heading)
7
Division 2-4. Counties not under
8
Township Organization
9
Organized as a Commission
10
Form of Government

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

 

 

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1for a term of 4 years. At the general election in 1996 and at
2each general election thereafter, one commissioner shall be
3elected to serve for a term of 6 years.
4    (c) In a county in which 2 commissioners were elected at
5the general election in 1992 to serve for terms of 4 years and
6in which one commissioner will be elected at the general
7election in 1994, the commissioner elected in 1994 shall serve
8for a term of 4 years. The commissioner elected in 1996 and
9receiving the greatest number of votes shall serve for a term
10of 6 years. The other commissioner elected in 1996 shall serve
11for a term of 4 years. At the general election in 1998 and at
12each general election thereafter, one commissioner shall be
13elected to serve for a term of 6 years.
14    (c-5) In Calhoun County, Edwards County, and Union County,
15the registered voters of the county may, upon referendum
16initiated by (i) the adoption of a resolution of the board of
17county commissioners or (ii) a petition signed by not less than
1810% of the registered voters in the county, determine that the
19board of county commissioners shall consist of 5 commissioners
20elected at large. The commissioners must certify the question
21to the proper election authority, which must submit the
22question at an election in accordance with the general election
23law.
24    The question shall be submitted in substantially the
25following form:
26        "Shall the board of county commissioners of (county)

 

 

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1    consist of 5 commissioners elected at large?"
2    Votes must be recorded as "Yes" or "No". If a majority of
3the electors voting on the question vote in the affirmative,
4then a 5-member board of county commissioners shall be
5established beginning with the next general election. The
6County Clerk, in consultation with the State's Attorney for the
7county, shall develop and present to the board of county
8commissioners, to implement by the adoption of a resolution,
9the transition of terms for the current 3-member board of
10commissioners and the addition of 2 commissioners for 6-year
11terms. Thereafter, commissioners shall be elected at each
12general election to fill expired terms.
13    (d) The provisions of this Section do not apply to
14commissioners elected under Section 2-4006.5 of this Code.
15(Source: P.A. 96-175, eff. 8-10-09.)
 
16    (55 ILCS 5/5-44010)
17    Sec. 5-44010. Applicability. The powers and authorities
18provided by this Division 5-44 apply to all counties DuPage,
19Lake, and McHenry Counties and units of local government within
20such counties.
21(Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.)
 
22    (55 ILCS 5/5-44020)
23    Sec. 5-44020. Definitions. In this Division 5-44:
24    "Fire protection jurisdiction" means a fire protection

 

 

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1district, municipal fire department, or service organized
2under Section 5-1056.1 of the Counties Code, Sections 195 and
3200 of the Township Code, Section 10-2.1 of the Illinois
4Municipal Code, or the Illinois Fire Protection District Act.
5    "Governing board" means the individual or individuals who
6constitute the corporate authorities of a unit of local
7government.
8    "Unit of local government" or "unit" means any unit of
9local government located entirely within one county, to which
10the county board chairman or county executive directly appoints
11a majority of its governing board with the advice and consent
12of the county board, but shall not include a fire protection
13district that directly employs any regular full-time
14employees, a conservation district organized under the
15Conservation District Act, or a special district organized
16under the Water Commission Act of 1985, a community mental
17health board established under the Community Mental Health
18Board Act, or a board established under the County Care for
19Persons with Developmental Disabilities Act.
20(Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14;
2199-709, eff. 8-5-16.)
 
22    (55 ILCS 5/5-44043 new)
23    Sec. 5-44043. Rights and obligations of employees.
24    (a) The status and rights of employees represented by an
25exclusive bargaining representative shall not be affected by

 

 

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1the dissolution of a unit of local government under this
2Division, except that this subsection does not apply in DuPage,
3Lake, and McHenry Counties for actions taken before the
4effective date of this amendatory Act of the 100th General
5Assembly.
6    (b) Obligations of the dissolving unit of local government
7assumed by the trustee-in-dissolution, county, or governing
8body of a special service area include the obligation to honor
9representation rights under the Illinois Public Labor
10Relations Act and any collective bargaining agreements
11existing on the date of dissolution of the unit of local
12government.
13    (c) The rights of employees under any pensions, retirement
14plans, or annuity plans existing on the date of dissolution of
15the unit of local government are not affected by the
16dissolution of a unit of local government under this Division.
 
17    Section 915. The Township Code is amended by adding
18Articles 22, 23, and 29 and by changing Sections 10-25, 25-15,
1925-25, and 65-20 as follows:
 
20    (60 ILCS 1/10-25)
21    Sec. 10-25. Plan for changes in townships.
22    (a) The county board of each county may, subject to a
23referendum in the townships affected as provided in this
24Section, adopt a plan for altering the boundaries of townships,

 

 

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1changing township lines, dividing, enlarging, or consolidating
2townships, or creating new townships, so that each township
3shall possess an equalized assessed valuation of not less than
4$10,000,000 as of the 1982 assessment year or an area of not
5more than 126 square miles.
6    (b) No alteration or change in boundaries shall be
7effective unless approved by a referendum in each township
8affected. The election authority shall submit to the voters of
9each township affected, at a regular election to be held not
10less than 60 days after the plan is adopted, the question of
11approving the alteration or change. The alterations or changes,
12if approved by the voters, shall take effect on the date of the
13next township election and shall be applicable to that
14election. If there is doubt as to the township clerk with whom
15nomination papers for that election should be filed, the county
16board shall designate the clerk. In the alteration of
17boundaries, a county board may not disturb urban or coterminous
18townships in existence on October 1, 1978.
19(Source: P.A. 84-1308; 88-62.)
 
20    (60 ILCS 1/Art. 22 heading new)
21
ARTICLE 22. CONSOLIDATION OF
22
MULTIPLE TOWNSHIPS

 
23    (60 ILCS 1/22-5 new)
24    Sec. 22-5. Resolution for consolidation; notice.

 

 

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1    (a) Notwithstanding any other provision of law to the
2contrary, the township boards of any 2 or more adjacent
3townships may, by identical resolutions of each board, propose
4consolidation by referendum: (i) into a new township; or (ii)
5into an existing township. Each resolution shall include, but
6is not limited to, the following:
7        (1) the name of the proposed new consolidated township
8    or the name of the existing township into which all
9    townships will be consolidated;
10        (2) a description of how each road district or road
11    districts of a dissolving township shall comply with
12    subsection (c) of Section 22-20 if a township will be
13    consolidating into an existing township;
14        (3) the names of all townships that will be
15    consolidating and a description of the area of
16    consolidation; and
17        (4) the date of the general election at which the
18    referendum shall be held.
19    All resolutions shall be passed not less than 79 days
20before the general election stated in the resolutions. For
21purposes of this Section, 3 or more townships are adjacent when
22each township shares a boundary with at least one of the other
23townships which are to be consolidated.
24    (b) Before passing a resolution under subsection (a), each
25township board shall hold a public hearing on those matters
26after notice of the hearing has been published in a newspaper

 

 

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1having a general circulation in the townships affected. The
2notice shall be published at least 30 days before the date of
3the hearing. The notice shall contain, at a minimum, the name
4of all townships that will be consolidating and a description
5of the area of consolidation.
 
6    (60 ILCS 1/22-10 new)
7    Sec. 22-10. Referendum.
8    (a) Upon the adoption of resolutions under Section 22-5 by
9each township, the township boards shall certify the question
10to the election authority and the authority shall cause to be
11submitted to the voters of each township at the general
12election specified in the resolutions a referendum to
13consolidate the townships. The referendum shall be
14substantially in the following form:
15        Shall (names of townships) be consolidated into [a new
16    township called (name of proposed consolidated
17    township)/the township of (name of existing township)]?
18    The votes shall be recorded as "Yes" or "No". The
19referendum is approved when a majority of the voters, in each
20of the affected townships, approve the referendum.
21    (b) Before a referendum appears on the ballot under
22subsection (a), each township board shall publish a copy of the
23adopted resolution in a newspaper having a general circulation
24in each of the townships affected. The notice shall be
25published at least 30 days before the date of the general

 

 

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1election in which the referendum will appear.
2    Each township board shall additionally mail a copy of the
3adopted resolution, along with a copy of the referendum
4language and a list of all taxes levied for general township
5purposes in the affected townships, to every registered voter
6in each township affected. The notice shall be mailed at least
730 days before the date of the general election in which the
8referendum will appear.
9    (c) Notwithstanding any provision of law to the contrary,
10no tax rate may be extended for any fund of the consolidated
11district for the first levy year of the consolidated district
12that exceeds any statutory maximum set forth for that fund,
13unless the referendum also conforms to the requirements of the
14Property Tax Extension Limitation Law or other statutory
15provision setting forth that limitation.
 
16    (60 ILCS 1/22-15 new)
17    Sec. 22-15. Transition. Notwithstanding any other
18provision of law to the contrary, upon the approval of a
19referendum under Section 22-10:
20    (a) There shall be no further nominations or elections for
21clerks, assessors, collectors, highway commissioners,
22supervisors, or trustees of any of the separate townships or
23highway commissions, and the terms of all such officers
24currently serving shall continue until the third Monday of May
25of the year in which township officials are elected next

 

 

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1following the approval of a referendum under Section 22-10.
2    (b) A Transition Township Board is formed and is composed
3of the members of the separate townships boards. The Transition
4Township Board shall have only the following powers: (1) to
5propose and approve the compensation of all officials of the
6consolidated township that will be elected at the consolidated
7election next following the passage of the referendum under
8Section 22-10; and (2) to propose and approve additional debt
9to be taken on by any of the separate townships.
10    (c) The Transition Township Board shall hold a public
11hearing no later than the last Tuesday in December before the
12consolidated township board of trustees are elected next
13following the approval of a referendum under Section 22-10. If
14the Board cannot agree on the compensation for an official by
15the first Tuesday in April before the consolidated election of
16township officials next following the approval of a referendum
17under Section 22-10, then the compensation for that official
18shall be equal to the lowest compensation for the same office
19between the separate townships in the previous calendar year.
20    (d) The separate townships shall not incur any additional
21debt without the approval of the Transition Township Board. For
22purposes of this Section, "debt" shall have the meaning
23ascribed to that term in Section 23-5.
24    (e) Section 3-7 of the Election Code shall govern those
25individuals entitled to caucus, vote for, be nominated for, and
26run for offices for the consolidated township at the

 

 

HB4067- 22 -LRB100 13141 RJF 27531 b

1consolidated election of township officials next following the
2approval of a referendum under Section 22-10.
 
3    (60 ILCS 1/22-20 new)
4    Sec. 22-20. Consolidated township.
5    (a) On the third Monday of May of the year in which
6township officials are elected following the approval of a
7referendum under Section 22-10, the following shall occur:
8        (1) the separate townships cease and the consolidated
9    township is created;
10        (2) all rights, powers, duties, assets, and property,
11    together with all personnel, contractual obligations,
12    other obligations, responsibilities, and liabilities of
13    the separate townships are transferred to the consolidated
14    township; those rights include, but are not limited to, the
15    authority to continue to collect, receive, and expend the
16    proceeds of any tax levied by any of the separate townships
17    prior to the creation of the consolidated township without
18    an additional ordinance, resolution, or referendum; the
19    proceeds of any tax levied by any of the separate townships
20    prior to the creation of the consolidated township shall be
21    expended or disposed of by the consolidated township in the
22    same manner as such assessments might have been expended or
23    disposed of by the separate townships; however, if the
24    consolidated township board determines that there is a
25    surplus in the fund for general township purposes on

 

 

HB4067- 23 -LRB100 13141 RJF 27531 b

1    December 31 of the calendar year in which the consolidation
2    occurs, then any portion of the surplus that is solely
3    attributable to the consolidation shall be refunded to the
4    owners of record of taxable property within the
5    consolidated district on a pro rata basis; and
6        (3) road districts located within the separate
7    townships are abolished.
8    (b) When a new township is created, a new road district
9encompassing the consolidated township is created. All the
10rights, powers, duties, assets, property, liabilities,
11obligations, and responsibilities of the separate road
12districts shall vest in and be assumed by the new road district
13as provided for in the resolutions adopted under Section 22-5.
14The new township board of trustees shall exercise the taxing
15authority of a road district abolished under this Section. The
16highway commissioners of the abolished road districts shall
17cease to hold office on the date the road district is
18abolished. The new township board shall exercise all duties and
19responsibilities of the highway commissioner as provided in the
20Illinois Highway Code. For purposes of distribution of revenue,
21the new township shall assume the powers, duties, and
22obligations of the road district of the dissolving road
23district. The new township board may enter into a contract with
24the county, a municipality, or a private contractor to
25administer the roads under the new road district.
26    (c) When a township consolidates into an existing township,

 

 

HB4067- 24 -LRB100 13141 RJF 27531 b

1all the rights, powers, duties, assets, property, liabilities,
2obligations, and responsibilities of the abolished road
3districts shall vest in and be assumed by the existing
4township's road district as provided for in the resolutions
5adopted under Section 22-5. The consolidated township board of
6trustees shall exercise the taxing authority of a road district
7abolished under this Section. Highway commissioners of the
8abolished road districts shall cease to hold office on the date
9the road district is abolished. The consolidated township shall
10exercise all duties and responsibilities of the highway
11commissioner as provided in the Illinois Highway Code. For
12purposes of distribution of revenue, the existing township's
13road district or districts shall assume the powers, duties, and
14obligations of the road district of the dissolving road
15district.
 
16    (60 ILCS 1/Art. 23 heading new)
17
ARTICLE 23. MERGER OF A SINGLE
18
TOWNSHIP INTO TWO OTHER TOWNSHIPS

 
19    (60 ILCS 1/23-5 new)
20    Sec. 23-5. Definitions. As used in this Article:
21    "Dissolving road district" means a road district in a
22dissolving township, which is dissolved under subsection (c) of
23Section 23-25.
24    "Dissolving township" means a township which is proposed to

 

 

HB4067- 25 -LRB100 13141 RJF 27531 b

1be dissolved into and be merged with 2 other adjacent
2townships.
3    "Equalized assessed value" has the meaning provided in
4Section 18-213 of the Property Tax Code.
5    "Debt" means indebtedness incurred by a dissolving
6township including, but not limited to, mortgages, judgments,
7and moneys due through the issuance and sale of bonds, or
8through an equivalent manner of borrowing for which notes or
9other evidences of indebtedness are issued fixing the amount of
10principal and interest from time to time payable to retire the
11indebtedness.
12    "Receiving township" means a township into which a portion
13of the dissolving township will be merged.
 
14    (60 ILCS 1/23-10 new)
15    Sec. 23-10. Resolution for merger; notice.
16    (a) Notwithstanding any other provision of law to the
17contrary, the township boards of any 3 adjacent townships may,
18by identical resolutions of each board, propose that a township
19which borders the other 2 townships be dissolved by referendum
20and all rights, powers, duties, assets, and property, together
21with all personnel, contractual obligations, other
22obligations, responsibilities, and liabilities of the
23dissolving township transferred to the receiving townships.
24Each resolution shall include, but is not limited to, the
25following:

 

 

HB4067- 26 -LRB100 13141 RJF 27531 b

1        (1) a legal description of the former territory of the
2    dissolving township each receiving township will take upon
3    the dissolution of the dissolving township;
4        (2) a description of how all assets and property,
5    together with all personnel, contractual obligations,
6    other obligations, responsibilities, and liabilities of
7    the dissolving township will be transferred to the
8    receiving townships;
9        (3) the tax rates for general township purposes for the
10    immediately preceding levy year, as extended and collected
11    in the year in which the resolution is adopted, for the
12    dissolving township and each receiving township;
13        (4) a description and amount of all debt each receiving
14    township shall assume after the dissolving township
15    dissolves. The debt shall be assumed by each receiving
16    township in equal proportion to the equalized assessed
17    value of the land and property that will be received by
18    each receiving township from the dissolving township
19    unless otherwise agreed to in the resolutions;
20        (5) a description of how each road district or road
21    districts of a dissolving township shall comply with
22    subsection (c) of Section 23-25; and
23        (6) the date of the general election at which the
24    referendum shall be held.
25    All resolutions shall be passed not less than 79 days
26before the general election stated in the resolutions.

 

 

HB4067- 27 -LRB100 13141 RJF 27531 b

1    (b) Before passing a resolution under this Section, each
2township board shall hold a public hearing on those matters
3after notice of the hearing has been published in a newspaper
4having a general circulation in the townships affected. The
5notice shall be published at least 30 days before the date of
6the hearing. The notice shall contain, at a minimum, the name
7of the dissolving township and receiving townships and a
8description of the area each receiving township will receive
9from the dissolving township.
 
10    (60 ILCS 1/23-15 new)
11    Sec. 23-15. Referendum and notices.
12    (a) Upon the adoption of resolutions under Section 23-10 by
13all townships, the township boards shall certify the question
14to the election authority and the authority shall cause to be
15submitted to the voters of all townships at the general
16election specified in the resolutions a referendum to
17consolidate the townships. The referendum shall be
18substantially in the following form:
19        Shall (name of dissolving township) be dissolved into
20    (names of receiving townships)?
21    The votes shall be recorded as "Yes" or "No". The
22referendum is approved when a majority of the voters, in each
23of the affected townships, approve the referendum.
24    (b) Before a referendum appears on the ballot under
25subsection (a), the township boards shall publish a copy of the

 

 

HB4067- 28 -LRB100 13141 RJF 27531 b

1adopted resolution in a newspaper having a general circulation
2in each of the townships affected. The notice shall be
3published at least 30 days before the date of the general
4election.
5    Each township board shall additionally mail a copy of the
6adopted resolution, along with a copy of the referendum
7language and a list of all taxes levied for general township
8purposes in the affected townships, to every registered voter
9in each township affected. The notice shall be mailed at least
1030 days before the date of the general election in which the
11referendum will appear.
 
12    (60 ILCS 1/23-20 new)
13    Sec. 23-20. Transition.
14    (a) Notwithstanding any other provision of law to the
15contrary, upon the approval of a referendum under Section
1623-15:
17        (1) there shall be no further nominations or elections
18    for clerks, assessors, collectors, highway commissioners,
19    supervisors, or trustees of the dissolving township or
20    highway commissions and the terms of all such officers
21    currently serving shall continue until the third Monday of
22    May of the year in which township officials are elected
23    following the approval of a referendum under Section 23-15;
24        (2) a Transition Township Board is formed for each
25    receiving township. Each Transition Township Board shall

 

 

HB4067- 29 -LRB100 13141 RJF 27531 b

1    be composed of the members of the dissolving township
2    boards plus the members of the receiving township board.
3    The Transition Township Board shall only have authority to
4    do the following under paragraphs (3) and (4) of this
5    Section: provide for the compensation for all receiving
6    township officials that will be elected at the consolidated
7    election next following the approval of a referendum under
8    Section 23-15; and approving additional debt to be taken on
9    by the dissolving township;
10        (3) each Transition Township Board shall hold a public
11    meeting no later than the first Tuesday in April before the
12    receiving townships' boards of trustees are elected at the
13    consolidated election next following the approval of a
14    referendum under Section 23-15. At this public meeting, the
15    Transition Township Board shall provide for the
16    compensation for all township officials that will be
17    elected at the consolidated election. If the Board cannot
18    agree on the compensation for an official, then the
19    compensation for the same office between the receiving and
20    dissolving townships shall be the lower compensation for
21    the office in the dissolving township or receiving
22    township;
23        (4) the dissolving township shall not incur any
24    additional debt without the approval of the Transition
25    Township Board of each receiving township that would assume
26    such debt after dissolution of the dissolving township; and

 

 

HB4067- 30 -LRB100 13141 RJF 27531 b

1        (5) Section 3-7 of the Election Code shall govern those
2    individuals entitled to caucus, vote for, be nominated for,
3    and run for offices for the receiving townships at the
4    consolidated election of township officials next following
5    the approval of a referendum under Section 23-15.
6    (b) Upon the approval of a referendum under Section 23-15,
7the receiving townships may enter into an intergovernmental
8agreement under the Intergovernmental Cooperation Act for any
9lawful purpose relating to the land or property contained in
10the dissolving township after the township is dissolved.
 
11    (60 ILCS 1/23-25 new)
12    Sec. 23-25. Merged township. On the third Monday of May of
13the year in which township officials are elected following the
14approval of a referendum under Section 23-15, the following
15shall occur:
16        (a) The dissolving township ceases.
17        (b) All rights, powers, duties, assets, and property,
18    together with all personnel, contractual obligations,
19    other obligations, responsibilities, and liabilities of
20    the dissolving township are transferred to the receiving
21    townships as provided in the resolution adopted under
22    Section 23-10. The rights include, but are not limited to,
23    the authority to continue to collect and receive any tax
24    levied prior to the creation of the merged townships
25    without an additional ordinance, resolution, or

 

 

HB4067- 31 -LRB100 13141 RJF 27531 b

1    referendum.
2        (c) Road districts located within the dissolving
3    township are abolished and all the rights, powers, duties,
4    assets, property, liabilities, obligations, and
5    responsibilities of the dissolving road districts shall
6    vest in and be assumed by the receiving townships' road
7    districts as provided for in the resolutions adopted under
8    Section 23-10; the boards of trustees of the receiving
9    townships shall exercise the taxing authority of a road
10    district dissolved under this Section and shall exercise
11    all duties and responsibilities of the highway
12    commissioner as provided in the Illinois Highway Code
13    unless a road district in the receiving township has a
14    highway commissioner who shall assume all duties and
15    responsibilities of the highway commissioner of the
16    dissolving road districts if so resolved by the receiving
17    township board; highway commissioners of the dissolving
18    road districts shall cease to hold office on the date the
19    road district is abolished; and for purposes of
20    distribution of revenue, the receiving townships' road
21    districts, or the township board if no road districts
22    exist, shall assume the powers, duties, and obligations of
23    the dissolving road district.
 
24    (60 ILCS 1/25-15)
25    Sec. 25-15. Selection of county governing body; election

 

 

HB4067- 32 -LRB100 13141 RJF 27531 b

1Election of county commissioners. When township organization
2ceases in any county as provided in this Article, the county
3board may by ordinance or resolution restructure into a
4commission form of government on or before 180 days after a
5township organization ceases. If the county board votes to
6assume a commission form of government, an election shall be
7held in the county at the next general election in an
8even-numbered year for 3 county commissioners who shall hold
9office for 2, 4, and 6 years, respectively, and until their
10successors are elected and qualified. Terms shall be determined
11by lot. At each succeeding general election after the first,
12one commissioner shall be elected.
13(Source: P.A. 82-783; 88-62.)
 
14    (60 ILCS 1/25-25)
15    Sec. 25-25. Disposal of township records and property. When
16township organization is discontinued in any county, the
17records of the several townships shall be deposited in the
18county clerk's office. The county board or board of county
19commissioners of the county may close up all unfinished
20business of the several townships and sell or and dispose of
21any of the property belonging to a township for the benefit of
22the inhabitants of the township, as fully as might have been
23done by the townships themselves. The county board or board of
24county commissioners may pay all the indebtedness of any
25township existing at the time of the discontinuance of township

 

 

HB4067- 33 -LRB100 13141 RJF 27531 b

1organization and cause the amount of the indebtedness, or so
2much as may be necessary, to be levied upon the property of the
3township.
4(Source: P.A. 82-783; 88-62.)
 
5    (60 ILCS 1/Art. 29 heading new)
6
ARTICLE 29. DISCONTINUANCE OF
7
TOWNSHIP WITHIN COTERMINOUS
8
MUNICIPALITY: ALL TOWNSHIPS

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

 

 

HB4067- 34 -LRB100 13141 RJF 27531 b

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

 

 

HB4067- 35 -LRB100 13141 RJF 27531 b

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

 

 

HB4067- 36 -LRB100 13141 RJF 27531 b

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

 

 

HB4067- 37 -LRB100 13141 RJF 27531 b

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

 

 

HB4067- 38 -LRB100 13141 RJF 27531 b

1the township supervisor. Compensation of a multi-township
2assessor shall be set at least 150 days before his or her
3election.
4    (b) The compensation to be paid to each officer in a new
5township established under Section 10-25 shall be determined
6under this Section by the township board of the township the
7whole or a part of which comprises the new township and that
8has the highest equalized assessed valuation (as of December
931, 1972) of the old townships that comprise the new township.
10    (c) At least 150 days before the election of multi-township
11officers, the multi-township board may establish additional
12pay of those board members for their services in an amount not
13to exceed $25 per day for each day of services.
14    (d) For the first term of a township consolidated or merged
15under Article 22 or 23, compensation for township officers of
16the consolidated or merged township shall be set by the
17Transition Township Board no later than the first day in April
18before the consolidated election at which the township officers
19are to be elected.
20(Source: P.A. 90-210, eff. 7-25-97.)
 
21    Section 920. 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)

 

 

HB4067- 39 -LRB100 13141 RJF 27531 b

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)

 

 

HB4067- 40 -LRB100 13141 RJF 27531 b

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    The vote shall be recorded as "Yes" or "No".
21    (b) If a majority of the electors voting on the referendum
22under subsection (a) of this Section are in favor of abolishing
23the township road district, then the road district is abolished
24on the January 1 following the approval of the resolution or
25referendum.
26    On the date of abolishment: all the rights, powers, duties,

 

 

HB4067- 41 -LRB100 13141 RJF 27531 b

1assets, property, liabilities, obligations, and
2responsibilities of the road district shall by operation of law
3vest in and be assumed by the township; the township board of
4trustees shall assume all taxing authority of a road district
5abolished under this Section; any highway commissioner of the
6abolished road district shall cease to hold office; the
7township shall exercise all duties and responsibilities of the
8highway commissioner as provided in the Illinois Highway Code;
9and for purposes of distribution of revenue, the township shall
10assume the powers, duties, and obligations of the road
11district. The township board of trustees may enter into a
12contract with the county, a municipality, or a private
13contractor to administer the roads added to its jurisdiction
14under this Section.
 
15    Section 999. Effective date. This Act takes effect January
161, 2018.

 

 

HB4067- 42 -LRB100 13141 RJF 27531 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    10 ILCS 5/3-7 new
5    10 ILCS 5/28-1from Ch. 46, par. 28-1
6    10 ILCS 5/28-7from Ch. 46, par. 28-7
7    55 ILCS 5/Div. 2-4 heading
8    55 ILCS 5/2-4006
9    55 ILCS 5/5-44010
10    55 ILCS 5/5-44020
11    55 ILCS 5/5-44043 new
12    60 ILCS 1/10-25
13    60 ILCS 1/Art. 22 heading
14    new
15    60 ILCS 1/22-5 new
16    60 ILCS 1/22-10 new
17    60 ILCS 1/22-15 new
18    60 ILCS 1/22-20 new
19    60 ILCS 1/Art. 23 heading
20    new
21    60 ILCS 1/23-5 new
22    60 ILCS 1/23-10 new
23    60 ILCS 1/23-15 new
24    60 ILCS 1/23-20 new
25    60 ILCS 1/23-25 new

 

 

HB4067- 43 -LRB100 13141 RJF 27531 b

1    60 ILCS 1/25-15
2    60 ILCS 1/25-25
3    60 ILCS 1/Art. 29 heading
4    new
5    60 ILCS 1/29-5 new
6    60 ILCS 1/29-10 new
7    60 ILCS 1/29-15 new
8    60 ILCS 1/29-20 new
9    60 ILCS 1/29-25 new
10    60 ILCS 1/65-20
11    605 ILCS 5/6-130from Ch. 121, par. 6-130
12    605 ILCS 5/6-130.5 new