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Full Text of HB0171  100th General Assembly

HB0171eng 100TH GENERAL ASSEMBLY



 


 
HB0171 EngrossedLRB100 03840 AWJ 13845 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. Legislative intent. It is hereby declared as the
5intent of this amendatory Act of the 100th General Assembly to
6promote consolidation of redundant layers of government and to
7promote government efficiency.
 
8    Section 5. The Election Code is amended by changing
9Sections 28-1 and 28-7 and by adding Section 3-7 as follows:
 
10    (10 ILCS 5/3-7 new)
11    Sec. 3-7. Voters in consolidating and merging townships.
12    (a) In the consolidated election where township trustees
13are elected next following the certification of a successful
14referendum to consolidate townships under Article 22 of the
15Township Code, the qualified electors entitled to caucus, vote
16for, be nominated for, and run for offices in the consolidated
17township that is to be formed are those registered voters
18residing in any of the townships identified in the referendum
19as they exist prior to consolidation.
20    (b) In the consolidated election where township trustees
21are elected next following the certification of a successful
22referendum to dissolve a township and merge its territory into

 

 

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12 adjacent townships under Article 23 of the Township Code, the
2qualified electors entitled to caucus, vote for, be nominated
3for, and run for offices in a receiving township shall also
4include those registered voters residing in the territory of
5the dissolving township described in the resolutions adopted
6under Section 23-10 of the Township Code or petitions filed
7under Section 23-17 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 Sections 22-12 and 23-17
17of the Township Code, in In any case in which Article VII or
18paragraph (a) of Section 5 of the Transition Schedule of the
19Constitution authorizes any action to be taken by or with
20respect to any unit of local government, as defined in Section
211 of Article VII of the Constitution, by or subject to approval
22by referendum, 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 Section 22-12 of
21the Township Code, Section 23-17 of the Township Code, and
22Division 2-5 of the Counties Code the "County Executive 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 10. The Counties Code is amended by changing the
4heading of Division 2-4, by changing Sections 2-4006, 5-44010,
55-44020, 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 15. The Township Code is amended by adding Articles
1822, 23, and 29 and by changing Sections 10-25, 25-15, 25-25,
19and 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 on the main page

 

 

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1of the townships' websites, if any, and in a newspaper having a
2general circulation in the townships affected. The notice shall
3be published at least 30 days before the date of the hearing.
4The notice shall contain, at a minimum, the name of all
5townships that will be consolidating and a description of the
6area of consolidation.
 
7    (60 ILCS 1/22-10 new)
8    Sec. 22-10. Referendum.
9    (a) Upon the adoption of resolutions under Section 22-5 by
10each township or the submission of petitions meeting the
11requirements of Section 22-12, the township boards shall
12certify the question to the proper election authority, or the
13circuit court for the county in which each township is located
14shall certify the question to the proper election authority for
15submission of petitions meeting the requirements of Section
1622-12, and the authority shall cause to be submitted to the
17voters of each township at the general election specified in
18the resolutions or petitions a referendum to consolidate the
19townships. The referendum shall be substantially in the
20following form:
21        Shall (names of townships) be consolidated into [a new
22    township called (name of proposed consolidated
23    township)/the township of (name of existing township)]?
24    The votes shall be recorded as "Yes" or "No".
25    A referendum initiated upon the adoption of resolutions

 

 

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1under Section 22-5 is approved when a majority of the voters,
2in each of the affected townships, approve the referendum. A
3referendum initiated by petitions meeting the requirements of
4Section 22-12 is approved when 60% of the voters, in each of
5the affected townships, approve the referendum.
6    (b) Before a referendum appears on the ballot under
7subsection (a), each township board shall publish a copy of the
8adopted resolution on the main page of the townships' websites,
9if any, and in a newspaper having a general circulation in each
10of the townships affected. The notice shall be published at
11least 30 days before the date of the general election in which
12the referendum will appear.
13    Each township board shall additionally mail a copy of the
14adopted resolution, along with a copy of the referendum
15language and a list of all taxes levied for general township
16purposes in the affected townships, to every registered voter
17in each township affected. The notice shall be mailed at least
1830 days before the date of the general election in which the
19referendum will appear.
20    (c) Notwithstanding any provision of law to the contrary,
21no tax rate may be extended for any fund of the consolidated
22district for the first levy year of the consolidated district
23that exceeds any statutory maximum set forth for that fund,
24unless the referendum also conforms to the requirements of the
25Property Tax Extension Limitation Law or other statutory
26provision setting forth that limitation.
 

 

 

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1    (60 ILCS 1/22-12 new)
2    Sec. 22-12. Voter-initiated township consolidation.
3    (a) In the counties of Cass, Henderson, and Cumberland, a
4referendum to propose township consolidation under this
5Article may also be initiated by petitions meeting the
6requirements of subsection (b).
7    (b) Subject to the petition requirements of the Election
8Code, petitions for a referendum to consolidate under this
9Section must be filed with the circuit court for the county in
10which the affected townships are located not less than 122 days
11prior to the election at which the referendum will be voted. A
12petition must be filed for each consolidating township and
13shall be signed by not less than 10% of the total number of
14electors voting at the last general election in each township.
15All signatures gathered must be signed within 365 days prior to
16the filing of the petitions.
17    (c) Upon filing the petitions with the circuit court, the
18parties so filing shall publish notice in a newspaper of
19general circulation within the territory of the townships
20affected. Failure to publish the required notice of petitions
21shall render the petition, and the results of any referendum
22held on the petition, null and void.
23    (d) Upon the submission of petitions requesting township
24consolidation under this Section, the clerk of the circuit
25court shall submit copies of all the petitions to the governing

 

 

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1board of each affected township. The clerk of the circuit court
2shall then certify the question to the proper election
3authorities in accordance with the Election Code.
4    (e) After certification of the question, each township
5board shall hold a public hearing on the matter of
6consolidation after notice of the hearing has been published on
7the main page of the townships' websites, if any, and in a
8newspaper having a general circulation in the townships
9affected. The notice shall be published at least 30 days before
10the date of the hearing. The notice shall contain, at a
11minimum, the name of all townships that will be consolidating
12and a description of the area of consolidation.
13    (f) A referendum under this Section may be held no earlier
14than the general election in the year 2020.
 
15    (60 ILCS 1/22-15 new)
16    Sec. 22-15. Transition. Notwithstanding any other
17provision of law to the contrary, upon the approval of a
18referendum under Section 22-10:
19    (a) There shall be no further nominations or elections for
20clerks, assessors, collectors, highway commissioners,
21supervisors, or trustees of any of the separate townships or
22highway commissions, and the terms of all such officers
23currently serving shall continue until the third Monday of May
24of the year in which township officials are elected next
25following the approval of a referendum under Section 22-10.

 

 

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

 

 

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1approval of a referendum under Section 22-10.
 
2    (60 ILCS 1/22-20 new)
3    Sec. 22-20. Consolidated township.
4    (a) On the third Monday of May of the year in which
5township officials are elected following the approval of a
6referendum under Section 22-10, the following shall occur:
7        (1) the separate townships cease and the consolidated
8    township is created;
9        (2) all rights, powers, duties, assets, and property,
10    together with all personnel, contractual obligations,
11    other obligations, responsibilities, and liabilities of
12    the separate townships are transferred to the consolidated
13    township; those rights include, but are not limited to, the
14    authority to continue to collect, receive, and expend the
15    proceeds of any tax levied by any of the separate townships
16    prior to the creation of the consolidated township without
17    an additional ordinance, resolution, or referendum; the
18    proceeds of any tax levied by any of the separate townships
19    prior to the creation of the consolidated township shall be
20    expended or disposed of by the consolidated township in the
21    same manner as such assessments might have been expended or
22    disposed of by the separate townships; however, if the
23    consolidated township board determines that there is a
24    surplus in the fund for general township purposes on
25    December 31 of the calendar year in which the consolidation

 

 

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

 

 

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

 
16    (60 ILCS 1/23-5 new)
17    Sec. 23-5. Definitions. As used in this Article:
18    "Dissolving road district" means a road district in a
19dissolving township, which is dissolved under subsection (c) of
20Section 23-25.
21    "Dissolving township" means a township which is proposed to
22be dissolved into and be merged with 2 other adjacent
23townships.
24    "Equalized assessed value" has the meaning provided in

 

 

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

 

 

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

 

 

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1of the townships' websites, if any, and in a newspaper having a
2general circulation in the townships affected. The notice shall
3be published at least 30 days before the date of the hearing.
4The notice shall contain, at a minimum, the name of the
5dissolving township and receiving townships and a description
6of the area each receiving township will receive from the
7dissolving township.
 
8    (60 ILCS 1/23-15 new)
9    Sec. 23-15. Referendum and notices.
10    (a) Upon the adoption of resolutions under Section 23-10 by
11all townships or the submission of petitions meeting the
12requirements of Section 23-17, the township boards shall
13certify the question to the proper election authority, or the
14circuit court for the county in which each township is located
15shall certify the question to the proper election authority for
16submission of petitions meeting the requirements of Section
1723-17, and the authority shall cause to be submitted to the
18voters of all townships at the general election specified in
19the resolutions or petitions a referendum to consolidate the
20townships. The referendum shall be substantially in the
21following form:
22        Shall (name of dissolving township) be dissolved into
23    (names of receiving townships)?
24    The votes shall be recorded as "Yes" or "No".
25    A referendum initiated upon the adoption of resolutions

 

 

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1under Section 23-10 is approved when a majority of the voters,
2in each of the affected townships, approve the referendum. A
3referendum initiated by petitions meeting the requirements of
4Section 23-17 is approved when 60% of the voters, in each of
5the affected townships, approve the referendum.
6    (b) Before a referendum appears on the ballot under
7subsection (a), the township boards shall publish a copy of the
8adopted resolution on the main page of the townships' websites,
9if any, and in a newspaper having a general circulation in each
10of the townships affected. The notice shall be published at
11least 30 days before the date of the general election.
12    Each township board shall additionally mail a copy of the
13adopted resolution, along with a copy of the referendum
14language and a list of all taxes levied for general township
15purposes in the affected townships, to every registered voter
16in each township affected. The notice shall be mailed at least
1730 days before the date of the general election in which the
18referendum will appear.
19    (c) Notwithstanding any provision of law to the contrary,
20no tax rate may be extended for any fund of the consolidated
21district for the first levy year of the consolidated district
22that exceeds any statutory maximum set forth for that fund,
23unless the referendum also conforms to the requirements of the
24Property Tax Extension Limitation Law or other statutory
25provision setting forth that limitation.
 

 

 

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1    (60 ILCS 1/23-17 new)
2    Sec. 23-17. Voter-initiated township consolidation.
3    (a) In the counties of Cass, Henderson, and Cumberland, a
4referendum to propose township consolidation under this
5Article may also be initiated by petitions meeting the
6requirements of subsection (b).
7    (b) Subject to the petition requirements of the Election
8Code, petitions for a referendum to consolidate under this
9Section must be filed with the circuit court for the county in
10which the affected townships are located not less than 122 days
11prior to the election at which the referendum will be voted. A
12petition must be filed for each consolidating township and
13shall be signed by not less than 10% of the total number of
14electors voting at the last general election in each township.
15All signatures gathered must be signed within 365 days prior to
16the filing of the petitions.
17    (c) Upon filing the petitions with the circuit court, the
18parties so filing shall publish notice in a newspaper of
19general circulation within the territory of the townships
20affected. Failure to publish the required notice of petitions
21shall render the petition, and the results of any referendum
22held on the petition, null and void.
23    (d) Upon the submission of petitions requesting township
24consolidation under this Section, the clerk of the circuit
25court shall submit copies of all the petitions to the governing
26board of each affected township. The clerk of the circuit court

 

 

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1shall then certify the question to the proper election
2authorities in accordance with the Election Code.
3    (e) After certification of the question, each township
4board shall hold a public hearing on the matter of
5consolidation after notice of the hearing has been published on
6the main page of the townships' websites, if any, and in a
7newspaper having a general circulation in the townships
8affected. The notice shall be published at least 30 days before
9the date of the hearing. The notice shall contain, at a
10minimum, the name of all townships that will be consolidating
11and a description of the area of consolidation.
12    (f) A referendum under this Section may be held no earlier
13than the general election in the year 2020.
 
14    (60 ILCS 1/23-20 new)
15    Sec. 23-20. Transition.
16    (a) Notwithstanding any other provision of law to the
17contrary, upon the approval of a referendum under Section
1823-15:
19        (1) there shall be no further nominations or elections
20    for clerks, assessors, collectors, highway commissioners,
21    supervisors, or trustees of the dissolving township or
22    highway commissions and the terms of all such officers
23    currently serving shall continue until the third Monday of
24    May of the year in which township officials are elected
25    following the approval of a referendum under Section 23-15;

 

 

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

 

 

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1    Township Board of each receiving township that would assume
2    such debt after dissolution of the dissolving township; and
3        (5) Section 3-7 of the Election Code shall govern those
4    individuals entitled to caucus, vote for, be nominated for,
5    and run for offices for the receiving townships at the
6    consolidated election of township officials next following
7    the approval of a referendum under Section 23-15.
8    (b) Upon the approval of a referendum under Section 23-15,
9the receiving townships may enter into an intergovernmental
10agreement under the Intergovernmental Cooperation Act for any
11lawful purpose relating to the land or property contained in
12the dissolving township after the township is dissolved.
 
13    (60 ILCS 1/23-25 new)
14    Sec. 23-25. Merged township. On the third Monday of May of
15the year in which township officials are elected following the
16approval of a referendum under Section 23-15, the following
17shall occur:
18        (a) The dissolving township ceases.
19        (b) All rights, powers, duties, assets, and property,
20    together with all personnel, contractual obligations,
21    other obligations, responsibilities, and liabilities of
22    the dissolving township are transferred to the receiving
23    townships as provided in the resolution adopted under
24    Section 23-10. The rights include, but are not limited to,
25    the authority to continue to collect and receive any tax

 

 

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1    levied prior to the creation of the merged townships
2    without an additional ordinance, resolution, or
3    referendum.
4        (c) Road districts located within the dissolving
5    township are abolished and all the rights, powers, duties,
6    assets, property, liabilities, obligations, and
7    responsibilities of the dissolving road districts shall
8    vest in and be assumed by the receiving townships' road
9    districts as provided for in the resolutions adopted under
10    Section 23-10; the boards of trustees of the receiving
11    townships shall exercise the taxing authority of a road
12    district dissolved under this Section and shall exercise
13    all duties and responsibilities of the highway
14    commissioner as provided in the Illinois Highway Code
15    unless a road district in the receiving township has a
16    highway commissioner who shall assume all duties and
17    responsibilities of the highway commissioner of the
18    dissolving road districts if so resolved by the receiving
19    township board; highway commissioners of the dissolving
20    road districts shall cease to hold office on the date the
21    road district is abolished; and for purposes of
22    distribution of revenue, the receiving townships' road
23    districts, or the township board if no road districts
24    exist, shall assume the powers, duties, and obligations of
25    the dissolving road district.
 

 

 

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

 

 

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1county commissioners may pay all the indebtedness of any
2township existing at the time of the discontinuance of township
3organization and cause the amount of the indebtedness, or so
4much as may be necessary, to be levied upon the property of the
5township.
6(Source: P.A. 82-783; 88-62.)
 
7    (60 ILCS 1/Art. 29 heading new)
8
ARTICLE 29. DISCONTINUANCE OF
9
TOWNSHIP WITHIN COTERMINOUS
10
MUNICIPALITY: ALL TOWNSHIPS

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

 

 

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

 

 

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

 

 

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1May in the year of the consolidated election in which township
2officials are elected next following the approval of a
3referendum under Section 29-15:
4        (1) the township is discontinued and abolished and all
5    the rights, powers, duties, assets, property, liabilities,
6    obligations, and responsibilities of the township shall
7    vest in and be assumed by the municipality, including the
8    authority to levy property taxes for township purposes in
9    the same manner as the dissolved township without an
10    additional ordinance, resolution, or referendum;
11        (2) all township officers shall cease to hold office;
12        (3) the municipality shall exercise all duties and
13    responsibilities of the township officers as provided in
14    the Township Code, the Illinois Public Aid Code, the
15    Property Tax Code, and the Illinois Highway Code, as
16    applicable. The municipality may enter into an
17    intergovernmental agreement with the county or the State to
18    administer the duties and responsibilities of the township
19    officers for services under its jurisdiction; and
20        (4) any road district located within the township is
21    abolished and its jurisdiction, rights, powers, duties,
22    assets, property, liabilities, obligations, and
23    responsibilities shall vest in and be assumed by the
24    municipality and the highway commissioner of the abolished
25    road district shall cease to hold office. The corporate
26    authorities of the municipality shall: exercise the taxing

 

 

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1    authority of a road district abolished under this Section;
2    exercise all duties and responsibilities of the highway
3    commissioner as provided in the Illinois Highway Code; and
4    for purposes of distribution of revenue, assume the powers,
5    duties, and obligations of the road district in the
6    discontinued township. The corporate authorities of a
7    municipality may enter into an intergovernmental agreement
8    or a contract with the county, another municipality, or a
9    private contractor to administer the roads which were under
10    the jurisdiction of the abolished road district.
 
11    (60 ILCS 1/29-25 new)
12    Sec. 29-25. Business, records, and property of
13discontinued township. The records of a township discontinued
14under this Article shall be deposited in the municipality's
15city clerk's office. The municipality may close up all
16unfinished business of the township and sell and dispose of any
17of the property belonging to the township for benefit of the
18inhabitants of the municipality.
 
19    (60 ILCS 1/65-20)
20    Sec. 65-20. Road district treasurer; new township;
21multi-township officers.
22    (a) Compensation of township officers shall be set by the
23township board at least 180 days before the beginning of the
24terms of officers, including compensation of the road district

 

 

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1treasurer, which shall be not less than $100 or more than
2$1,000 per year. Compensation of a township assessor and
3collector shall be set at the same time as the compensation of
4the township supervisor. Compensation of a multi-township
5assessor shall be set at least 150 days before his or her
6election.
7    (b) The compensation to be paid to each officer in a new
8township established under Section 10-25 shall be determined
9under this Section by the township board of the township the
10whole or a part of which comprises the new township and that
11has the highest equalized assessed valuation (as of December
1231, 1972) of the old townships that comprise the new township.
13    (c) At least 150 days before the election of multi-township
14officers, the multi-township board may establish additional
15pay of those board members for their services in an amount not
16to exceed $25 per day for each day of services.
17    (d) For the first term of a township consolidated or merged
18under Article 22 or 23, compensation for township officers of
19the consolidated or merged township shall be set by the
20Transition Township Board no later than the first day in April
21before the consolidated election at which the township officers
22are to be elected.
23(Source: P.A. 90-210, eff. 7-25-97.)
 
24    Section 20. The Home Equity Assurance Act is amended by
25changing Sections 4 and 5 and by adding Section 21 as follows:
 

 

 

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1    (65 ILCS 95/4)  (from Ch. 24, par. 1604)
2    Sec. 4. Creation of Commission.
3    (a) Whenever in a municipality with more than 1,000,000
4inhabitants, the question of creating a home equity program
5within a contiguous territory included entirely within the
6municipality is initiated by resolution or ordinance of the
7corporate authorities of the municipality or by a petition
8signed by not less than 10% of the total number of registered
9voters of each precinct in the territory, the registered voters
10of which are eligible to sign the petition, it shall be the
11duty of the election authority having jurisdiction over such
12municipality to submit the question of creating a home equity
13program to the electors of each precinct within the territory
14at the regular election specified in the resolution, ordinance
15or petition initiating the question. If the question is
16initiated by petition and if the requisite number of signatures
17is not obtained in any precinct included within the territory
18described in the petition, then the petition shall be valid as
19to the territory encompassed by those precincts for which the
20requisite number of signatures is obtained and any such
21precinct for which the requisite number of signatures is not
22obtained shall be excluded from the territory. A petition
23initiating a question described in this Section shall be filed
24with the election authority having jurisdiction over the
25municipality. The petition shall be filed and objections

 

 

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

 

 

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1the governing commission from nominees submitted by a community
2organization or community organizations as defined in this Act.
3A community organization may recommend up to 20 individuals to
4serve on a governing commission. Beginning after the effective
5date of this amendatory Act of the 100th General Assembly, a
6home equity commission shall consist of 7 commissioners;
7however, the 9 commissioners serving on a governing commission
8on the effective date of this amendatory Act of the 100th
9General Assembly shall be allowed to finish their current terms
10of service. Thereafter, the number of commissioners shall be
11reduced to 7.
12    No fewer than 5 commissioners serving at any one time shall
13reside within the territory of the program. Beginning after the
14effective date of this amendatory Act of the 100th General
15Assembly, and upon the number of commissioners being reduced to
167, no fewer than 4 commissioners serving at any one time shall
17reside within the territory of the program.
18    Upon the initial appointment of 7 commissioners to creation
19of a governing commission under the provisions of this
20amendatory Act of the 100th General Assembly, the terms of the
21initial commissioners shall be as follows: one 3 shall serve
22for one year, 3 shall serve for 2 years, and 3 shall serve for 3
23years and until a successor is appointed and qualified. All
24succeeding terms shall be for 3 years, or until a successor is
25appointed or qualified. Commissioners shall serve without
26compensation except for reimbursement for reasonable expenses

 

 

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1incurred in the performance of duties as a commissioner. A
2vacancy in the office of a member of a commission shall be
3filled in like manner as an original appointment.
4    All proceedings and meetings of the governing commission
5shall be conducted in accordance with the provisions of the
6Open Meetings Act, as now or hereafter amended.
7(Source: P.A. 93-709, eff. 7-9-04.)
 
8    (65 ILCS 95/5)  (from Ch. 24, par. 1605)
9    Sec. 5. Duties and Functions of Commission. The duties and
10functions of the governing commission of a Home Equity Program
11shall include the following:
12    (a) To conduct or supervise the day-to-day operation of the
13program, including but not limited to the administration of
14homeowner applications for participation in the program and
15homeowner claims against the guarantee fund.
16    (b) To establish policies, rules, regulations, bylaws, and
17procedures for both the governing commission and the program.
18No policies, rules, regulations, or bylaws shall be adopted by
19the governing commission without prior notice to the residents
20of the territory of a program and an opportunity for such
21residents to be heard.
22    (c) To provide annual status reports on the program to the
23mayor and corporate authorities of the municipality.
24    (d) To establish guaranteed value standards which are
25directly linked to the program appraisal, to approve guarantee

 

 

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1values, to establish requirements for program appraisers
2consistent with subsection (p) of Section 3. In no event shall
3the program guidelines adopted by the governing commission
4provide for selecting appraisers based on criteria other than
5the quality and timeliness of the appraisals provided to the
6governing commission.
7    (e) To manage, administer, and invest the guarantee fund.
8    (f) To liquidate acquired assets to maintain the guarantee
9fund.
10    (g) To participate in arbitration required under the
11program and to subpoena all necessary persons, parties, or
12documents required to proceed with such arbitration.
13    (h) To employ necessary personnel, acquire necessary
14office space, enter into contractual relationships and
15disburse funds in accordance with the provisions of this Act. A
16governing commission may employ full-time or part-time
17employees.
18    (i) To perform such other functions in connection with the
19program and the guarantee fund as required under this Act.
20(Source: P.A. 85-1044.)
 
21    (65 ILCS 95/21 new)
22    Sec. 21. Tax Reimbursement Program. A governing
23commission, with no less than $4,000,000 unencumbered funds in
24its guarantee fund, may, if authorized by resolution of the
25governing commission upon approval by two-thirds of the

 

 

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1commissioners, establish a Tax Reimbursement Program to make
2reimbursements to each applicable taxpayer for an amount of no
3more than the total of their pro rata share of the annual levy
4imposed by the commission. Prior to authorizing a reimbursement
5program, an independent licensed public accountant not
6connected with the commission or any entity conducting business
7with the commission shall audit the commission and the proposal
8for the program. The commission may create a program if the
9independent licensed public accountant determines that such a
10program will not reduce the balance of the guarantee fund to
11less than $3,000,000. For the purposes of this Section,
12"applicable taxpayer" means the owner of record that paid the
13tax levied on property in accordance with Section 11 of this
14Act.
 
15    Section 25. The Street Light District Act is amended by
16changing Section 11 as follows:
 
17    (70 ILCS 3305/11)
18    Sec. 11. Cessation of district organization.
19Notwithstanding any other provision of law, if a majority vote
20of the board of trustees is in favor of the proposition to
21annex the district to another district whose boundaries are
22contiguous, or consolidate the district into a municipality
23with which the district is coterminous or substantially
24coterminous, or consolidate the district into the county in

 

 

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1which the district sits if the district contains territory
2within only one county, or consolidate the district into the
3township in which the district sits if the entire district is
4located within the district, and if the governing authorities
5of the governmental unit assuming the functions of the former
6district agree by resolution to accept the functions (and
7jurisdiction over the territory, if applicable) of the
8consolidated or annexed district, then the district shall
9cease. On the effective date of the annexation or
10consolidation, all the rights, powers, duties, assets,
11property, liabilities, indebtedness, obligations, bonding
12authority, taxing authority, and responsibilities of the
13district shall vest in and be assumed by the governmental unit
14assuming the functions of the former district.
15    The employees of the former district shall be transferred
16to the governmental unit assuming the functions of the former
17district. The governmental unit assuming the functions of the
18former district shall exercise the rights and responsibilities
19of the former district with respect to those employees. The
20status and rights of the employees of the former district under
21any applicable contracts or collective bargaining agreements,
22historical representation rights under the Illinois Public
23Labor Relations Act, or under any pension, retirement, or
24annuity plan shall not be affected by this amendatory Act.
25(Source: P.A. 98-1002, eff. 8-18-14.)
 

 

 

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1    Section 30. The Illinois Highway Code is amended by
2changing Sections 6-130 and 6-133 and by adding Sections 6-134
3and 6-136 as follows:
 
4    (605 ILCS 5/6-130)  (from Ch. 121, par. 6-130)
5    Sec. 6-130. Road district abolishment. Notwithstanding any
6other provision of this Code Act to the contrary, no township
7road district may continue in existence if the roads forming a
8part of the district do not exceed a total of 4 miles in length
9as determined by the county engineer or county superintendent
10of highways. For purposes of this Section, the roads forming a
11part of a township road district include those roads maintained
12by the district, regardless of whether or not those roads are
13owned by the township. On the first Tuesday in April of 1975,
14or of any subsequent year next succeeding the reduction of a
15township road system to a total mileage of 4 miles or less,
16each such township road district shall, by operation of law, be
17abolished. The roads comprising that district at that time
18shall thereafter be administered by the township board of
19trustees by contracting with the county, a municipality or a
20private contractor. The township board of trustees shall assume
21all taxing authority of a township road district abolished
22under this Section.
23(Source: P.A. 94-884, eff. 6-20-06.)
 
24    (605 ILCS 5/6-133)

 

 

 

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1    Sec. 6-133. Abolishing a road district in Cook County. By
2resolution, the board of trustees of any township located in
3Cook County, Illinois, may submit a proposition to abolish the
4road district of that township to the electors of that township
5at a general election or consolidated election in accordance
6with the general election law. The ballot shall be in
7substantially the following form:
 
8---------
9    Shall the Road District of the Township of
10........... be abolished with all the rights,YES
11powers, duties, assets, property, liabilities,
12obligations, and responsibilities being assumed ---------
13by the Township of ........... ? NO
14---------
15    In the event that a majority of the electors voting on such
16proposition are in favor thereof, then the road district shall
17be abolished by operation of law effective on January 1 of the
18calendar year immediately following the calendar year in which
19the proposition was approved by the electors or on the date the
20term of the highway commissioner in office at the time the
21proposition was approved by the electors expires, whichever is
22later.
23    On that date, all the rights, powers, duties, assets,
24property, liabilities, obligations, and responsibilities of

 

 

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1the road district shall by operation of law vest in and be
2assumed by the township. On that date, the township board of
3trustees shall assume all taxing authority of a road district
4abolished under this Section. On that date, any highway
5commissioner of the abolished road district shall cease to hold
6office, such term having been terminated. Thereafter, the
7township shall exercise all duties and responsibilities of the
8highway commissioner as provided in the Illinois Highway Code.
9The township board of trustees may enter into a contract with
10the county, a municipality, or a private contractor to
11administer the roads under its jurisdiction. The township board
12of trustees shall assume all taxing authority of a township
13road district abolished under this subsection. For purposes of
14distribution of revenue, the township shall assume the powers,
15duties, and obligations of the road district.
16(Source: P.A. 97-611, eff. 1-1-12.)
 
17    (605 ILCS 5/6-134 new)
18    Sec. 6-134. Abolishing a road district. By resolution of
19the board of trustees of any township located in a county with
20less than 3,000,000 inhabitants or by the submission of a
21petition meeting the requirements of Section 6-136 by electors
22of any township located in a county with less than 3,000,000
23inhabitants, a proposition to abolish the road district of that
24township may be submitted to the electors of that township, by
25the board of trustees if by resolution or by the circuit court

 

 

 

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1if by petition, at a general election or consolidated election
2in accordance with the general election law. The ballot shall
3be in substantially the following form:
 
4---------
5    Shall the Road District of the Township of
6........... be abolished with all the rights,YES
7powers, duties, assets, property, liabilities,
8obligations, and responsibilities being assumed ---------
9by the Township of ........... ? NO
10---------
11    In the event that a majority of the electors voting on such
12proposition initiated by a majority of the township board of
13trustees are in favor thereof, then the road district shall be
14abolished on the January 1 following the approval of the
15referendum or on the date the term of the highway commissioner
16in office at the time the proposition was approved by the
17electors expires, whichever is later. If 60% of the electors
18voting on a referendum initiated by a petition meeting the
19requirements of Section 6-136 are in favor of abolishing the
20township road district, then the road district is abolished on
21the January 1 following the approval of the referendum or on
22the date the term of the highway commissioner in office at the
23time the referendum was approved expires, whichever is later.
24    On that date, all the rights, powers, duties, assets,

 

 

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1property, liabilities, obligations, and responsibilities of
2the road district shall by operation of law vest in and be
3assumed by the township. On that date, the township board of
4trustees shall assume all taxing authority of a road district
5abolished under this Section. On that date, any highway
6commissioner of the abolished road district shall cease to hold
7office, such term having been terminated. Thereafter, the
8township shall exercise all duties and responsibilities of the
9highway commissioner as provided in the Illinois Highway Code.
10The township board of trustees may enter into a contract with
11the county, a municipality, or a private contractor to
12administer the roads under its jurisdiction. The township board
13of trustees shall assume all taxing authority of a township
14road district abolished under this subsection. For purposes of
15distribution of revenue, the township shall assume the powers,
16duties, and obligations of the road district.
 
17    (605 ILCS 5/6-136 new)
18    Sec. 6-136. Voter-initiated road district consolidation.
19    (a) In the counties of Cass, Henderson, and Cumberland, a
20referendum to propose road district consolidation under
21Section 6-134 of this Code may also be initiated by a petition
22meeting the requirements of subsection (b) of this Section.
23    (b) To initiate a referendum under this Section, a petition
24must be filed with the circuit court for the county in which
25the township road district is located. The petition shall be

 

 

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1signed by not less than 10% of the total number of electors
2voting at the last general election in the affected township
3road district.
4    (c) Upon the submission of a petition requesting township
5road district consolidation under this Section, the clerk of
6the circuit court shall submit copies of the petition to the
7governing board of the township road district. The clerk of the
8circuit court shall then certify the question to the proper
9election authorities in accordance with the Election Code and
10the question shall be submitted to the electors as provided in
11Section 6-134.
12    (d) The governing board of the affected road district and
13the governing board of the affected township must each hold a
14public hearing on the issue of consolidation no more than 60
15days prior to the general election at which the referendum
16under this Section shall be voted upon.
17    (e) A referendum under this Section may be held no earlier
18than the general election in the year 2020.