Rep. Sam Yingling

Filed: 5/29/2017

 

 


 

 


 
10000SB0003ham001LRB100 06370 AMC 27197 a

1
AMENDMENT TO SENATE BILL 3

2    AMENDMENT NO. ______. Amend Senate Bill 3 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by adding Section
53-7 and by changing Section 28-1 as follows:
 
6    (10 ILCS 5/3-7 new)
7    Sec. 3-7. Voters in consolidating and merging townships.
8    (a) In the consolidated election where township trustees
9are elected next following the certification of a successful
10referendum to consolidate townships under Article 22 of the
11Township Code, the qualified electors entitled to caucus, vote
12for, be nominated for, and run for offices in the consolidated
13township that is to be formed are those registered voters
14residing in any of the townships identified in the referendum
15as they exist prior to consolidation.
16    (b) In the consolidated election where township trustees

 

 

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

 

 

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

 

 

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

 

 

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1nomination for, election to or retention in public office at
2such election, the public question shall be voted upon by all
3the qualified voters of the entire existing or proposed
4political subdivision at the election.
5    Not more than 3 advisory public questions may be submitted
6to the voters of the entire state at a general election. If
7more than 3 such advisory propositions are initiated, the first
83 timely and validly initiated shall be the questions printed
9on the ballot and submitted at that election; provided however,
10that a question for a proposed amendment to Article IV of the
11Constitution pursuant to Section 3, Article XIV of the
12Constitution, or for a question submitted under the Property
13Tax Cap Referendum Law, shall not be included in the foregoing
14limitation.
15(Source: P.A. 93-308, eff. 7-23-03.)
 
16    Section 10. The Counties Code is amended by changing the
17heading of Division 2-4, by changing Sections 2-4006, 5-44010,
185-44020, and by adding Section 5-44043 as follows:
 
19    (55 ILCS 5/Div. 2-4 heading)
20
Division 2-4. Counties not under
21
Township Organization
22
Organized as a Commission
23
Form of Government

 

 

 

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

 

 

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

 

 

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1commissioners elected under Section 2-4006.5 of this Code.
2(Source: P.A. 96-175, eff. 8-10-09.)
 
3    (55 ILCS 5/5-44010)
4    Sec. 5-44010. Applicability. The powers and authorities
5provided by this Division 5-44 apply to all counties DuPage,
6Lake, and McHenry Counties and units of local government within
7such counties.
8(Source: P.A. 98-126, eff. 8-2-13; 99-709, eff. 8-5-16.)
 
9    (55 ILCS 5/5-44020)
10    Sec. 5-44020. Definitions. In this Division 5-44:
11    "Fire protection jurisdiction" means a fire protection
12district, municipal fire department, or service organized
13under Section 5-1056.1 of the Counties Code, Sections 195 and
14200 of the Township Code, Section 10-2.1 of the Illinois
15Municipal Code, or the Illinois Fire Protection District Act.
16    "Governing board" means the individual or individuals who
17constitute the corporate authorities of a unit of local
18government.
19    "Unit of local government" or "unit" means any unit of
20local government located entirely within one county, to which
21the county board chairman or county executive directly appoints
22a majority of its governing board with the advice and consent
23of the county board, but shall not include a fire protection
24district that directly employs any regular full-time

 

 

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1employees, a conservation district organized under the
2Conservation District Act, or a special district organized
3under the Water Commission Act of 1985, a community mental
4health board established under the Community Mental Health
5Board Act, or a board established under the County Care for
6Persons with Developmental Disabilities Act.
7(Source: P.A. 98-126, eff. 8-2-13; 98-756, eff. 7-16-14;
899-709, eff. 8-5-16.)
 
9    (55 ILCS 5/5-44043 new)
10    Sec. 5-44043. Rights and obligations of employees.
11    (a) The status and rights of employees represented by an
12exclusive bargaining representative shall not be affected by
13the dissolution of a unit of local government under this
14Division, except that this subsection does not apply in DuPage,
15Lake, and McHenry Counties for actions taken before the
16effective date of this amendatory Act of the 100th General
17Assembly.
18    (b) Obligations of the dissolving unit of local government
19assumed by the trustee-in-dissolution, county, or governing
20body of a special service area include the obligation to honor
21representation rights under the Illinois Public Labor
22Relations Act and any collective bargaining agreements
23existing on the date of dissolution of the unit of local
24government.
25    (c) The rights of employees under any pensions, retirement

 

 

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1plans, or annuity plans existing on the date of dissolution of
2the unit of local government are not affected by the
3dissolution of a unit of local government under this Division.
 
4    Section 15. The Township Code is amended by adding Articles
522, 23, and 29 and by changing Sections 10-25, 25-15, 25-25,
6and 65-20 as follows:
 
7    (60 ILCS 1/10-25)
8    Sec. 10-25. Plan for changes in townships.
9    (a) The county board of each county may, subject to a
10referendum in the townships affected as provided in this
11Section, adopt a plan for altering the boundaries of townships,
12changing township lines, dividing, enlarging, or consolidating
13townships, or creating new townships, so that each township
14shall possess an equalized assessed valuation of not less than
15$10,000,000 as of the 1982 assessment year or an area of not
16more than 126 square miles.
17    (b) No alteration or change in boundaries shall be
18effective unless approved by a referendum in each township
19affected. The election authority shall submit to the voters of
20each township affected, at a regular election to be held not
21less than 60 days after the plan is adopted, the question of
22approving the alteration or change. The alterations or changes,
23if approved by the voters, shall take effect on the date of the
24next township election and shall be applicable to that

 

 

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1election. If there is doubt as to the township clerk with whom
2nomination papers for that election should be filed, the county
3board shall designate the clerk. In the alteration of
4boundaries, a county board may not disturb urban or coterminous
5townships in existence on October 1, 1978.
6(Source: P.A. 84-1308; 88-62.)
 
7    (60 ILCS 1/Art. 22 heading new)
8
ARTICLE 22. CONSOLIDATION OF
9
MULTIPLE TOWNSHIPS

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

 

 

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

 

 

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1election specified in the resolutions a referendum to
2consolidate the townships. The referendum shall be
3substantially in the following form:
4        Shall (names of townships) be consolidated into [a new
5    township called (name of proposed consolidated
6    township)/the township of (name of existing township)]?
7    The votes shall be recorded as "Yes" or "No".
8    The referendum is approved when a majority of the voters,
9in each of the affected townships, approve the referendum.
10    (b) Before a referendum appears on the ballot under
11subsection (a), each township board shall publish a copy of the
12adopted resolution on the main page of the townships' websites,
13if any, and in a newspaper having a general circulation in each
14of the townships affected. The notice shall be published at
15least 30 days before the date of the general election in which
16the referendum will appear.
17    Each township board shall additionally mail a copy of the
18adopted resolution, along with a copy of the referendum
19language and a list of all taxes levied for general township
20purposes in the affected townships, to every registered voter
21in each township affected. The notice shall be mailed at least
2230 days before the date of the general election in which the
23referendum will appear.
24    (c) Notwithstanding any provision of law to the contrary,
25no tax rate may be extended for any fund of the consolidated
26district for the first levy year of the consolidated district

 

 

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

 

 

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1consolidated township board of trustees are elected next
2following the approval of a referendum under Section 22-10. If
3the Board cannot agree on the compensation for an official by
4the first Tuesday in April before the consolidated election of
5township officials next following the approval of a referendum
6under Section 22-10, then the compensation for that official
7shall be equal to the lowest compensation for the same office
8between the separate townships in the preceding calendar year.
9    (d) The separate townships shall not incur any additional
10debt without the approval of the Transition Township Board. For
11purposes of this Section, "debt" has the meaning ascribed to
12that term in Section 23-5.
13    (e) Section 3-7 of the Election Code shall govern those
14individuals entitled to caucus, vote for, be nominated for, and
15run for offices for the consolidated township at the
16consolidated election of township officials next following the
17approval of a referendum under Section 22-10.
 
18    (60 ILCS 1/22-20 new)
19    Sec. 22-20. Consolidated township.
20    (a) On the third Monday of May of the year in which
21township officials are elected following the approval of a
22referendum under Section 22-10, the following shall occur:
23        (1) the separate townships cease and the consolidated
24    township is created;
25        (2) all rights, powers, duties, assets, and property,

 

 

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1    together with all personnel, contractual obligations,
2    other obligations, responsibilities, and liabilities of
3    the separate townships are transferred to the consolidated
4    township; those rights include, but are not limited to, the
5    authority to continue to collect, receive, and expend the
6    proceeds of any tax levied by any of the separate townships
7    prior to the creation of the consolidated township without
8    an additional ordinance, resolution, or referendum; the
9    proceeds of any tax levied by any of the separate townships
10    prior to the creation of the consolidated township shall be
11    expended or disposed of by the consolidated township in the
12    same manner as such assessments might have been expended or
13    disposed of by the separate townships; however, if the
14    consolidated township board determines that there is a
15    surplus in the fund for general township purposes on
16    December 31 of the calendar year in which the consolidation
17    occurs, then any portion of the surplus that is solely
18    attributable to the consolidation shall be refunded to the
19    owners of record of taxable property within the
20    consolidated district on a pro rata basis; and
21        (3) road districts located within the separate
22    townships are abolished.
23    (b) When a new township is created, a new road district
24encompassing the consolidated township is created. All the
25rights, powers, duties, assets, property, liabilities,
26obligations, and responsibilities of the separate road

 

 

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

 

 

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1purposes of distribution of revenue, the existing township's
2road district or districts shall assume the powers, duties, and
3obligations of the road district of the dissolving road
4district.
 
5    (60 ILCS 1/Art. 23 heading new)
6
ARTICLE 23. MERGER OF A SINGLE
7
TOWNSHIP INTO 2 OTHER TOWNSHIPS

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

 

 

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

 

 

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

 

 

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1    (60 ILCS 1/23-15 new)
2    Sec. 23-15. Referendum and notices.
3    (a) Upon the adoption of resolutions under Section 23-10 by
4all townships, the township boards shall certify the question
5to the election authority and the authority shall cause to be
6submitted to the voters of all townships at the general
7election specified in the resolutions a referendum to
8consolidate the townships. The referendum shall be
9substantially in the following form:
10        Shall (name of dissolving township) be dissolved into
11    (names of receiving townships)?
12    The votes shall be recorded as "Yes" or "No".
13    The referendum is approved when a majority of the voters,
14in each of the affected townships, approve the referendum.
15    (b) Before a referendum appears on the ballot under
16subsection (a), the township boards shall publish a copy of the
17adopted resolution on the main page of the townships' websites,
18if any, and in a newspaper having a general circulation in each
19of the townships affected. The notice shall be published at
20least 30 days before the date of the general election.
21    Each township board shall additionally mail a copy of the
22adopted resolution, along with a copy of the referendum
23language and a list of all taxes levied for general township
24purposes in the affected townships, to every registered voter
25in each township affected. The notice shall be mailed at least
2630 days before the date of the general election in which the

 

 

10000SB0003ham001- 22 -LRB100 06370 AMC 27197 a

1referendum will appear.
2    (c) Notwithstanding any provision of law to the contrary,
3no tax rate may be extended for any fund of the consolidated
4district for the first levy year of the consolidated district
5that exceeds any statutory maximum set forth for that fund,
6unless the referendum also conforms to the requirements of the
7Property Tax Extension Limitation Law or other statutory
8provision setting forth that limitation.
 
9    (60 ILCS 1/23-20 new)
10    Sec. 23-20. Transition.
11    (a) Notwithstanding any other provision of law to the
12contrary, upon the approval of a referendum under Section
1323-15:
14        (1) there shall be no further nominations or elections
15    for clerks, assessors, collectors, highway commissioners,
16    supervisors, or trustees of the dissolving township or
17    highway commissions and the terms of all such officers
18    currently serving shall continue until the third Monday of
19    May of the year in which township officials are elected
20    following the approval of a referendum under Section 23-15;
21        (2) a Transition Township Board is formed for each
22    receiving township. Each Transition Township Board shall
23    be composed of the members of the dissolving township
24    boards plus the members of the receiving township board.
25    The Transition Township Board shall only have authority to

 

 

10000SB0003ham001- 23 -LRB100 06370 AMC 27197 a

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

 

 

10000SB0003ham001- 24 -LRB100 06370 AMC 27197 a

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

 

 

10000SB0003ham001- 25 -LRB100 06370 AMC 27197 a

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

 

 

10000SB0003ham001- 26 -LRB100 06370 AMC 27197 a

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

 

 

10000SB0003ham001- 27 -LRB100 06370 AMC 27197 a

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

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

 

 

10000SB0003ham001- 28 -LRB100 06370 AMC 27197 a

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

 

 

10000SB0003ham001- 29 -LRB100 06370 AMC 27197 a

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

 

 

10000SB0003ham001- 30 -LRB100 06370 AMC 27197 a

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

 

 

10000SB0003ham001- 31 -LRB100 06370 AMC 27197 a

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

 

 

10000SB0003ham001- 32 -LRB100 06370 AMC 27197 a

1election.
2    (b) The compensation to be paid to each officer in a new
3township established under Section 10-25 shall be determined
4under this Section by the township board of the township the
5whole or a part of which comprises the new township and that
6has the highest equalized assessed valuation (as of December
731, 1972) of the old townships that comprise the new township.
8    (c) At least 150 days before the election of multi-township
9officers, the multi-township board may establish additional
10pay of those board members for their services in an amount not
11to exceed $25 per day for each day of services.
12    (d) For the first term of a township consolidated or merged
13under Article 22 or 23, compensation for township officers of
14the consolidated or merged township shall be set by the
15Transition Township Board no later than the first day in April
16before the consolidated election at which the township officers
17are to be elected.
18(Source: P.A. 90-210, eff. 7-25-97.)
 
19    Section 20. The Home Equity Assurance Act is amended by
20changing Sections 4 and 5 and by adding Section 21 as follows:
 
21    (65 ILCS 95/4)  (from Ch. 24, par. 1604)
22    Sec. 4. Creation of Commission.
23    (a) Whenever in a municipality with more than 1,000,000
24inhabitants, the question of creating a home equity program

 

 

10000SB0003ham001- 33 -LRB100 06370 AMC 27197 a

1within a contiguous territory included entirely within the
2municipality is initiated by resolution or ordinance of the
3corporate authorities of the municipality or by a petition
4signed by not less than 10% of the total number of registered
5voters of each precinct in the territory, the registered voters
6of which are eligible to sign the petition, it shall be the
7duty of the election authority having jurisdiction over such
8municipality to submit the question of creating a home equity
9program to the electors of each precinct within the territory
10at the regular election specified in the resolution, ordinance
11or petition initiating the question. If the question is
12initiated by petition and if the requisite number of signatures
13is not obtained in any precinct included within the territory
14described in the petition, then the petition shall be valid as
15to the territory encompassed by those precincts for which the
16requisite number of signatures is obtained and any such
17precinct for which the requisite number of signatures is not
18obtained shall be excluded from the territory. A petition
19initiating a question described in this Section shall be filed
20with the election authority having jurisdiction over the
21municipality. The petition shall be filed and objections
22thereto shall be made in the manner provided in the general
23election law. A resolution, ordinance, or petition initiating a
24question described in this Section shall specify the election
25at which the question is to be submitted. The referendum on
26such question shall be held in accordance with general election

 

 

10000SB0003ham001- 34 -LRB100 06370 AMC 27197 a

1law. Such question, and the resolution, ordinance, or petition
2initiating the question, shall include a description of the
3territory, the name of the proposed home equity program, and
4the maximum rate at which the home equity program shall be able
5to levy a property tax. All of that area within the geographic
6boundaries of the territory described in such question shall be
7included in the program, and no area outside the geographic
8boundaries of the territory described in such question shall be
9included in the program. If the election authority determines
10that the description cannot be included within the space
11limitations of the ballot, the election authority shall prepare
12large printed copies of a notice of the question, which shall
13be prominently displayed in the polling place of each precinct
14in which the question is to be submitted.
15    (b) Whenever a majority of the voters on such public
16question approve the creation of a home equity program as
17certified by the proper election authorities, the mayor of the
18municipality shall appoint, with the consent of the corporate
19authorities, 9 individuals, to be known as commissioners, to
20serve as the governing body of the home equity program. The
21mayor shall choose 7 of the 9 individuals to be appointed to
22the governing commission from nominees submitted by a community
23organization or community organizations as defined in this Act.
24A community organization may recommend up to 20 individuals to
25serve on a governing commission. Beginning after the effective
26date of this amendatory Act of the 100th General Assembly, a

 

 

10000SB0003ham001- 35 -LRB100 06370 AMC 27197 a

1home equity commission shall consist of 7 commissioners;
2however, the 9 commissioners serving on a governing commission
3on the effective date of this amendatory Act of the 100th
4General Assembly shall be allowed to finish their current terms
5of service. Thereafter, the number of commissioners shall be
6reduced to 7.
7    No fewer than 5 commissioners serving at any one time shall
8reside within the territory of the program. Beginning after the
9effective date of this amendatory Act of the 100th General
10Assembly, and upon the number of commissioners being reduced to
117, no fewer than 4 commissioners serving at any one time shall
12reside within the territory of the program.
13    Upon the initial appointment of 7 commissioners to creation
14of a governing commission under the provisions of this
15amendatory Act of the 100th General Assembly, the terms of the
16initial commissioners shall be as follows: one 3 shall serve
17for one year, 3 shall serve for 2 years, and 3 shall serve for 3
18years and until a successor is appointed and qualified. All
19succeeding terms shall be for 3 years, or until a successor is
20appointed or qualified. Commissioners shall serve without
21compensation except for reimbursement for reasonable expenses
22incurred in the performance of duties as a commissioner. A
23vacancy in the office of a member of a commission shall be
24filled in like manner as an original appointment.
25    All proceedings and meetings of the governing commission
26shall be conducted in accordance with the provisions of the

 

 

10000SB0003ham001- 36 -LRB100 06370 AMC 27197 a

1Open Meetings Act, as now or hereafter amended.
2(Source: P.A. 93-709, eff. 7-9-04.)
 
3    (65 ILCS 95/5)  (from Ch. 24, par. 1605)
4    Sec. 5. Duties and Functions of Commission. The duties and
5functions of the governing commission of a Home Equity Program
6shall include the following:
7    (a) To conduct or supervise the day-to-day operation of the
8program, including but not limited to the administration of
9homeowner applications for participation in the program and
10homeowner claims against the guarantee fund.
11    (b) To establish policies, rules, regulations, bylaws, and
12procedures for both the governing commission and the program.
13No policies, rules, regulations, or bylaws shall be adopted by
14the governing commission without prior notice to the residents
15of the territory of a program and an opportunity for such
16residents to be heard.
17    (c) To provide annual status reports on the program to the
18mayor and corporate authorities of the municipality.
19    (d) To establish guaranteed value standards which are
20directly linked to the program appraisal, to approve guarantee
21values, to establish requirements for program appraisers
22consistent with subsection (p) of Section 3. In no event shall
23the program guidelines adopted by the governing commission
24provide for selecting appraisers based on criteria other than
25the quality and timeliness of the appraisals provided to the

 

 

10000SB0003ham001- 37 -LRB100 06370 AMC 27197 a

1governing commission.
2    (e) To manage, administer, and invest the guarantee fund.
3    (f) To liquidate acquired assets to maintain the guarantee
4fund.
5    (g) To participate in arbitration required under the
6program and to subpoena all necessary persons, parties, or
7documents required to proceed with such arbitration.
8    (h) To employ necessary personnel, acquire necessary
9office space, enter into contractual relationships and
10disburse funds in accordance with the provisions of this Act. A
11governing commission may employ full-time or part-time
12employees.
13    (i) To perform such other functions in connection with the
14program and the guarantee fund as required under this Act.
15(Source: P.A. 85-1044.)
 
16    (65 ILCS 95/21 new)
17    Sec. 21. Tax Reimbursement Program. A governing
18commission, with no less than $4,000,000 unencumbered funds in
19its guarantee fund, may, if authorized by resolution of the
20governing commission upon approval by two-thirds of the
21commissioners, establish a Tax Reimbursement Program to make
22reimbursements to each applicable taxpayer for an amount of no
23more than the total of their pro rata share of the annual levy
24imposed by the commission. Prior to authorizing a reimbursement
25program, an independent licensed public accountant not

 

 

10000SB0003ham001- 38 -LRB100 06370 AMC 27197 a

1connected with the commission or any entity conducting business
2with the commission shall audit the commission and the proposal
3for the program. The commission may create a program if the
4independent licensed public accountant determines that such a
5program will not reduce the balance of the guarantee fund to
6less than $3,000,000. For the purposes of this Section,
7"applicable taxpayer" means the owner of record that paid the
8tax levied on property in accordance with Section 11 of this
9Act.
 
10    Section 25. The Street Light District Act is amended by
11changing Section 11 as follows:
 
12    (70 ILCS 3305/11)
13    Sec. 11. Cessation of district organization.
14Notwithstanding any other provision of law, if a majority vote
15of the board of trustees is in favor of the proposition to
16annex the district to another district whose boundaries are
17contiguous, or consolidate the district into a municipality
18with which the district is coterminous or substantially
19coterminous, or consolidate the district into the county in
20which the district sits if the district contains territory
21within only one county, or consolidate the district into the
22township in which the district sits if the entire district is
23located within the district, and if the governing authorities
24of the governmental unit assuming the functions of the former

 

 

10000SB0003ham001- 39 -LRB100 06370 AMC 27197 a

1district agree by resolution to accept the functions (and
2jurisdiction over the territory, if applicable) of the
3consolidated or annexed district, then the district shall
4cease. On the effective date of the annexation or
5consolidation, all the rights, powers, duties, assets,
6property, liabilities, indebtedness, obligations, bonding
7authority, taxing authority, and responsibilities of the
8district shall vest in and be assumed by the governmental unit
9assuming the functions of the former district.
10    The employees of the former district shall be transferred
11to the governmental unit assuming the functions of the former
12district. The governmental unit assuming the functions of the
13former district shall exercise the rights and responsibilities
14of the former district with respect to those employees. The
15status and rights of the employees of the former district under
16any applicable contracts or collective bargaining agreements,
17historical representation rights under the Illinois Public
18Labor Relations Act, or under any pension, retirement, or
19annuity plan shall not be affected by this amendatory Act.
20(Source: P.A. 98-1002, eff. 8-18-14.)
 
21    Section 30. The Illinois Highway Code is amended by
22changing Sections 6-130 and 6-133 and by adding Section 6-135
23as follows:
 
24    (605 ILCS 5/6-130)  (from Ch. 121, par. 6-130)

 

 

10000SB0003ham001- 40 -LRB100 06370 AMC 27197 a

1    Sec. 6-130. Road district abolishment. Notwithstanding any
2other provision of this Act to the contrary, no township road
3district may continue in existence if the roads forming a part
4of the district do not exceed a total of 4 miles in length as
5determined by the county engineer or county superintendent of
6highways. For purposes of this Section, the roads forming a
7part of a township road district include those roads maintained
8by the district, regardless of whether or not those roads are
9owned by the township. On the first Tuesday in April of 1975,
10or of any subsequent year next succeeding the reduction of a
11township road system to a total mileage of 4 miles or less,
12each such township road district shall, by operation of law, be
13abolished. The roads comprising that district at that time
14shall thereafter be administered by the township board of
15trustees by contracting with the county, a municipality or a
16private contractor. The township board of trustees shall assume
17all taxing authority of a township road district abolished
18under this Section.
19(Source: P.A. 94-884, eff. 6-20-06.)
 
20    (605 ILCS 5/6-133)
21    Sec. 6-133. Abolishing a road district in Cook County. By
22resolution, the board of trustees of any township located in
23Cook County, Illinois, may submit a proposition to abolish the
24road district of that township to the electors of that township
25at a general election or consolidated election in accordance

 

 

 

10000SB0003ham001- 41 -LRB100 06370 AMC 27197 a

1with the general election law. The ballot shall be in
2substantially the following form:
 
3---------
4    Shall the Road District of the Township of
5........... be abolished with all the rights,YES
6powers, duties, assets, property, liabilities,
7obligations, and responsibilities being assumed ---------
8by the Township of ........... ? NO
9---------
10    In the event that a majority of the electors voting on such
11proposition are in favor thereof, then the road district shall
12be abolished by operation of law effective on January 1 of the
13calendar year immediately following the calendar year in which
14the proposition was approved by the electors or on the date the
15term of the highway commissioner in office at the time the
16proposition was approved by the electors expires, whichever is
17later.
18    On that date, all the rights, powers, duties, assets,
19property, liabilities, obligations, and responsibilities of
20the road district shall by operation of law vest in and be
21assumed by the township. On that date, the township board of
22trustees shall assume all taxing authority of a road district
23abolished under this Section. On that date, any highway
24commissioner of the abolished road district shall cease to hold

 

 

10000SB0003ham001- 42 -LRB100 06370 AMC 27197 a

1office, such term having been terminated. Thereafter, the
2township shall exercise all duties and responsibilities of the
3highway commissioner as provided in the Illinois Highway Code.
4The township board of trustees may enter into a contract with
5the county, a municipality, or a private contractor to
6administer the roads under its jurisdiction. The township board
7of trustees shall assume all taxing authority of a township
8road district abolished under this subsection. For purposes of
9distribution of revenue, the township shall assume the powers,
10duties, and obligations of the road district.
11(Source: P.A. 97-611, eff. 1-1-12.)
 
12    (605 ILCS 5/6-135 new)
13    Sec. 6-135. Abolishing a road district with less than 15
14miles of roads.
15    (a) Any township in a county with a population less than
163,000,000 may abolish a road district of that township if the
17roads of the road district are less than 15 miles in length, as
18determined by the county engineer or county superintendent of
19highways, by resolution of a majority of the board of trustees
20to submit a referendum to abolish the road district of that
21township. The referendum shall be submitted to the electors of
22that township at the next general election or consolidated
23election in accordance with the general election law. The
24ballot shall be in substantially the following form:
25--------

 

 

10000SB0003ham001- 43 -LRB100 06370 AMC 27197 a

1    Shall the Road District of the Township of
2........... be abolished with all the rights,YES
3powers, duties, assets, property, liabilities,
4obligations, and responsibilities being assumed --------
5by the Township of ........... ?NO
6--------
7    (b) If a majority of the electors voting on the referendum
8under subsection (a) of this Section are in favor of abolishing
9the township road district, then the road district is abolished
10on the January 1 following the approval of the referendum or on
11the date the term of the highway commissioner in office at the
12time the referendum was approved expires, whichever is later.
13    On the date of abolishment: all the rights, powers, duties,
14assets, property, liabilities, obligations, and
15responsibilities of the road district shall by operation of law
16vest in and be assumed by the township; the township board of
17trustees shall assume all taxing authority of a road district
18abolished under this Section; any highway commissioner of the
19abolished road district shall cease to hold office; the
20township shall exercise all duties and responsibilities of the
21highway commissioner as provided in the Illinois Highway Code;
22and for purposes of distribution of revenue, the township shall
23assume the powers, duties, and obligations of the road
24district. The township board of trustees may enter into a
25contract with the county, a municipality, or a private
26contractor to administer the roads added to its jurisdiction

 

 

10000SB0003ham001- 44 -LRB100 06370 AMC 27197 a

1under this Section.
 
2    Section 99. Effective date. This Act takes effect January
31, 2018.".